HomeMy WebLinkAboutCAPRIELIAN, EDWARD 3A-2001
, 9\01-
, ,
\~!("'\ "';.
~i': C
~
\',
\' >-
"'0", ~h'~ AMENDMENT TO CONSULTANT AGREEMENT 02-
/"-rOI C~?yo/
THIS AMENDMENT TO C9NSULTANT AGREEMENT "Amendment," made and
entered into this ~ day of O,J;J.iJM..2001, by and between the City of Santa Ana, a charter
city and municipal corporation of the State of California ("CITY") and Edward C Caprielian,
Ph,D" a sole proprietorship ("CONSULTANT'}
WITNESSETH
N-2001-176
Recitals:
A. CITY AND CONSULTANT entered into a Consultant Agreement, dated March
2, 2001 by which CONSULTANT agreed to provide employment training in public
business concepts (the "Agreement'}
B, The Parties now desire to amend the Agreement to extend the time for completion
ofthe above services,
WHEREFORE, in consideration of their mutual and respective promises, and subject to
the terms and conditions of the Agreement as hereby amended, the parties hereby agree as
follows:
1. Section 3 of the Agreement is amended to read as follows:
"This Agreement shall commence on the date first written above and terminate on
June 30, 2002, unless terminated earlier in accordance with Section 12, below,
The term of this Agreement may be extended upon a writing executed by the
Executive Director of Personnel Services and the City Attorney."
2, Except as hereinabove modified, the terms and conditions of the Agreement
remain in full force and effect
APPROVED AS TO FORM:
Joseph W, Fletcher
City Attorney
RECOMMENDED FOR APPROVAL:
BY:~/~
Cristme L. Shaw
Assistant City Attorney
03/09.'2001 FRI 10: 19 FAX
. CERTIFICATE OF L1ABJ,lIT)I{ INSURANCUAJh J OA.T'E(r.tWOgfYYj
ACORD. 03/09/01
. THIS CER!u::1CATE IS 'SS~~p M ~!'~!TER OF INFORMATION
PRODUCER
Gro.sslight Inv. ~ne ONLY AND CONFER!; NO RIGHTS UPON THE ~RTlFICATE
72-250755-AP-OC-XSA HOLDER. THIS CERTli'lCATEi DOES NOT AMEND. E:lI:TEiND OR
P.O. !lox 33015 ALTER THE CO~RAGE AF~ORDiD BY THE POLICIES BELOW.
S.n Antonio TX 78265-3015 INSURERS AFFORDING COVERAGe
Phona:SOO-457-2379 Fax:210 '732-3593
INSURED INSOftE",,: Hartford Casualty Ins Co
. IINSU"ER B;
Etw.~ ca~rie~i&n l' INSUJl:E.Il ~~
6 3 rd trget LIN$Ul\n D:
Manhattan 2..ach CA .0266
I IINSUIU!' .,
IlJ002
COVEElAGES
THE ttOLK;1U OF INSlJltAACE U$TEO 'EL.OW HAvU- EiNlSSU~D TO THl!' IHSI,JRIiD NAMeD A.BOVE FO~ TI'fE "cuey PEIaOD'N/::lICAn~ NC'f'Wt?H3TANOINC
ANY REQUIREMl!NT. TERM OR CQNDITlQN A'" ANY' ec r.lTMCT OROTHIR OOCUME!(T WITH l'tESPiCT TO WHICH THIS OiRl1F1CAT! MAY BE lasut:o o~
IMY "eluAiN, THE tN&URANc~ APFOIU)ED 8';' tHe: ja )l.laes DESCRIBED HE~EJN IS $ul.rIiCT TO All THE TERM$, iXl;l.V$lONSANO CONOmo~~ OF tiUOw
i "oueres. AGGREGATE UMrTS $HOWN MAYHAW8f;r... REDUCED nf'AItJ etAlMS.:
If'tr~ TVPfQFIN$lJAANCI' -. "-1= POllCVNUMaER Tk 'MWOD c;.L'iYA\'E=~t'"
I i .iNIMC UAlllLrTV !
II. n COiMlRelAl.G....IlALUAIlIUTYi 72S~"CK670S I 03/06/'1: 03/06/02
tu.JfJlS MAOi @ OCCUR
rtj
I GEN'l AaGf'tIGATE UMlT APPUES PER
D POUCYD~ D lOC
: AUTOItOBJLE 1.lA8JUn
~ ANY AV1'O
~ ALL OWNED AUTO!
SCHmUlm AUT05
L HlREOAUTt)S
iL NON.QWt<l~AUTOS
f--- .
iACH OCeUItltIENC[;
PlRE DAMAGE (,&.ny on. fire)
MEtl EXP (An)' OM ""'0")
PEMONAl ~ ADV INJURY
QfN.RA\.~GfW;ATE
P-ROOLJCT3. COMPIOP AGO
lIMtTS
, 11000000
1300000
110000
11000000
12000000
S Excluded
! COM"Hla SNGlE LIMIT
(~J"ld~nl'
~
~ a
:
80DllYltiJtJR'(
jPorp'"MJ
I
'OOIW 1N..ilJky
(Par 4J'Xld,t1t)
-
: GARA.GE LIAIIUTY I
I B_....' AUTO ~l ,
I I
-l.
, L I)(CESS lIABilITY ! !
r~ OCCUR 0 ClAlM3 MAtlli 1
i q DEDUt:nA! i
, I , I
l ' RET8mON . i !
, ~Kl!'a COWeNS,,"tlON AND !
I
EMPLOYERs' WoIIUlY
PstOPERTV DolMAGE
(Pl;ril~efdenfl
OTHER THAN
AUTO ONLY:
AUTOONlV.UACQOENT : $
EAAec I $
-'I
.
eACH OCCURRENcE
AGGR'eGAn::
I
I'
,
.
--
OTHER
-Lro.y'uiifTsi I.i'"
, e.l.. ~H ACC'IOlif,{T " ,
E.L D:5EASe. EA.IMPI.O~ $
LL. DISEASe - "OUCT I......,.. i t
J
1
DESCftlPTlCN 01' OI"IItb."ION.sJlOC.T1ONSlVlttlQl"IiGlf lCCL!J$IONS ADDEO BV ENCOIUIiNENT/SPCC:IAl PROVISIONS
C8rtif1ca~~ ho~der is nam~d additional insured A$ the~r interest may
*Except fo~ 10 days non-pa~l.nt. For inquir~Qs call 1-eOO-457-2379.
appear.
GERTIFICAT!; HOLDER
y Atlomo~ I'l~"; INSURER t.E7TlFt:
CANCElU TION
I
I
I I
ACORD 2SOS (7/91)
City of Sant<< An.
PerSClUlal S.~:J.c.~ r: ept
I.t\:n: J:i.m St:i.ke1.... tJ' lOr
20 CiV1C Csnter Pl.z&
Santa Ana C1\ 92702
SA~ ;I>IOUlo ANy OF THE ASOVE' OE$CIV8EO POLICIES 13f CANCEI.LED BEFORE rHe EXPfRA.
OA.T.l! rHI;IU,OI=. THi ISSlIIfIG fN$UReR: WILL ~"r.I"lat MAIL ~ OArs Wfttmu
HOfICE TO ~ CiRn~C4T! HO(.OER HAMEc TO '""'" 1..1i1'T,
RD CORPORATION 1988
MH: acl Vigliotta
Deputy City i\tlmlll'V
03/09;2001 FRI 10'21 FAX
'.
~005
BUSINESS LlABILlTI COVERAGE FORM 72 SBA CK6708
...
WHO IS AN INSLJR :0 under SECTION C, is
amended to include as an insured the person
or organization sho~ n in the Deciarations, but
only with respect to iability arising out of your
operations or premi'''8 owned by or rented to
you:
2. Additionallnsured Managers or lessors ot
Premises
a. WHO IS AN INS JRED under SECTION C.
is amended to i lclude as an insured the
person(s} or or. anlzation(s) shown in the
Declarations; bi It only with respect to
liability arising out of the ownership.
maintenance or use of that part of the
premises leasee to you end shown In the
Declarations an, I subject to the foilowing
additional exclus ions:
b, Additional ExclUl ions
This insurance d Jes not apply to:
(1) Arry "oC(;urr mea" which takes place
after you ce 'se to be a tenant in that
premises
(2) StructurBl alterations. new
construcbon: or demolition cperations
performed t y or for that person or
organization
3. Additional Insured 'Grantor of Franchise
WHO IS AN INSUR ED under SECTION C, is
amended to inclu is as an insured the
person(s) or orgal izalion(s) shown in the
Declarations, but c ~Iy with res;>ect to their
lability as grantor of franchise to you.
4. Additional Insurec I .. Lessor of Leased
Equipment
a. WHO IS AN INWRED under SeCTION C,
is amended 10 nclude as an Insured the
person(s) or or\ ,enization(s) Shown in the
Declarations. bu only with resoect to thei~
liability arising out of the maintenance.
operatioo or use ,y you of equipm..nt I..""ed
to you by such pl'rson(s) Or organization(s).
b. Additional Exctu ;ions:
This insurance c OIi1S no! apply:
(1) To any 'occ Jrrence" which takes p:ace
after the eql. ipment lease expires.
(2) To "bOdily ir juri" or "property damage"
arising out )f Ihe sole negligence of
the lessor.
5. AdditIonal Insure, I - Owners Or Other
Interests From V ihom Land Hn Been
Leased
WHO IS AN INSUF EO under SECTION C. is
amended to include IS an insured the person or
organization shown i 1 the Declarations. but only
with respect to Iiabi:i y arising out of the owner-
snip. maintenance 01 use of that part of the land
leased to you and sh )wn in the Declarations and
subject to the followi' g additional exclusion:
Form 55 00 G8 02 98 Printed in U.S.A. (NS)
This insurance does not apply to;
a. Any "occurrence' that takes place after
you cease to tease that land; or
b. Structural aiterations. new construction or
demolition operations performed by or tor
the person or organization shown in the
Dee/aretons.
6. Additional Insured " State or Pclili(:al
Subdivision , Permits
a. WHO IS AN INSURED under SECTION C.
is amenaed to include as an insured the
state or pol~ical subdivision shown in the
Declarations. but only with respect to
operations performed by you or on your
behalf for which the state or political
subdivision has issued a perno it
b. Additional ExclUSions
This insurance does not apply to;
(1) 'Bodily injury," "property damage:'
"personal injury" or '"advertising injury"
arisi~g out of operetions performed' for
the state or pOiitical subdivision: or
(2) "Bodily injury" or "property damage" in-
cluded in the "product-completed
operations" hazard.
7. Additional Insured - Vendors
.. WHO 1$ AN INSURED under SECTION C.
IS amended to Include as an insured 'the
person(s) or organization(s) (referred to
below as vendor) shown in 'the
Declarations. but only w~h respect to
"bodily injury" or "property damage" arising
out of "your prOducts' which are distributed
or SOld in the regular course of the
vendor's business
b. Additional Exclusions
(1) The insurance afforded the vendor
does not apply to:
(8) "Bodily injury" or "property
damage" for whIch the vendor Is
Obligated to pay damages by
reason of Ule assumption ot
liabRity in 8 contract or agraement.
This exclusion does not BPpli' to
liability for damages that Ihe
vendor would have in the absence
of the contract or agreement;
(b) Arry express warranty unauthorzed
by you;
'" ]998,. The H,rtford
Page Z ot 3
03/09/2001 FRI 10:20 FAX
".
@OOJ
BUSINESS LIABILITY COVERAGE FORM n SBA CK6108
b. To sue us on Iris policy ,u.C!!lSs "''''b~ It~. V temporarily occupied by you wilh
terms have been fully Complied with permissions of the owner; or
A person or organiza'ion ml!y sue us to recover (3) If the loss arises out of the
on an agreed setllelT ent or on a final judgment maintenance or use of aircraft, "auto"
against an Insured at tained after an actual trial; or watereralt to the extent not subject
but we will not be Iiab e for damages t~at are not to Exclusion g. ot this Busbess
payable under the fer ns of this policy or that are Liability Coverage Form (Section I).
in excess of the appli, able Limit of InSJlOnc.e. An When this insurance is excess, we will
agreed settlement r neans a settlement and have no duty to defend any claim or
release of liability sig' led by us, the insured and "suit' that any other insurer has a dUty
the claimant or the claimant's legal to defend. If no other insurer defends,
representative. we will Undertake to do so, but we will
5. Separation of Insur Ids be entitled to the insured's rights
Except with respect 0 the Limits of Insurance, against all those other insurers.
and any rights or dut es specifically aSSIgned in When this insurance is excess over
this polley to the 1 rst Named Insur"d. this other insurance. we wili pay only our
insurance applies: . shere of the amount of the loss, if any,
a. As if each Nam ,d InsureD were the Only that exceeds the sum of:
Named Insured; !nd (1) The total amount that all s~ch
b. Se.oal'ately to '* co insured against whom other insurance wouid pay for the
claim is made or .suit" is brought. loss in the absence of this
6. Unintentional FaillJ e To Oi'close Ha;zards insurance; and
It is agreed that bas,'d on our reliance on your (2) The total of all deductible ano self.
representations as to existing hazards, if insured amounts under 8/1 that
unintentionally you ,hould fail to disclose all other insurance.
such hazards at th ~ inception date of your We Wi!1 share the remaining loss. if
policy, we shall not ;teny any coverage under eny, with any other insurance that is
this Coverage Part b ,cause of such failure. not described in this excess of the
7. Other Insurance ,Primary Additional Limit. of Insurance shown in the
Insured Declaraltons of this Coverage Pan.
if the written contra:t Or agreement or permit c. Method of Sharing
requires this Insurar ce to be primary for any If ail the other insurance permits contribution
person or organizati. ,n With whom you agree to by equal shares, we will (ollow lhl:; method
include in WHO IS AN INSURED, this Other also. Under this approach each ins~rer
Insurance Provisions applicable. co~tribut'" equei amounts until it has paid its
If other vaiid and collectible insurance is applicable limit of insurance or none of the
avaiiable (or a Ie,s we cover undel Ihls loss remains, whichever comes first
Business Liability Coverage Form, Our If any or the other insurance does not
obligations are Iimlte;l as follows: permit contribution by equal shares, we ,will
.. Primary Insura, Ice contribute by Itmits. Under tltis method,
ThiS Insurance I,: primary. We will not seek each insurer's base on the rallo of its
contributions rom ottler insurance applicable limits of insurance of all insurer.
available to the I ,erson or organization with d. This provision provides such insurance as is
whom you agreE 10 include in WHO IS AN afforded under thiS policy. but only with
INSURED. exce It when b. applies. respect to your operations, 'Your work" or
b. Excess Insuran e. facilities owned or used by you.
This insurance s excess over any of the F. OPTIONAL COVERAGES
other insurance whether primary, excess, Ifisted or shown as applicable in the DecJaralions.
contingent or an any other basis: one or mare of the following Optional Coverages also
(1) That is Fi 'e. Extended Coverage. apply. These covereges are subject to the terms and
BUilder's R sk, Installation Risk or conditions applicable to Business Liability Coverage
similar cove, a!;le for 'your work;" in this policy, except as provided below;
(2) That is FiCl, lightning or explosi'm 1. Additional Insured. Designated Person or
insurance f( r premises rented to you: Organization
or
Form SS 00 08 02 98 Plintodn U.S.A. (NS)
Poge 1 .f 3
.1:) 1998.111. Hartford
"O"U",'~UUl FRI 10:20 FAX
"
~003
11IE Z
HARTFORD
THIS ENDORS EMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY.
I
,
ADDITlONBoL INSURED. DESIGNATED PERSON OR
ORGANIZATION
This endorsement n rOdifies insurance provided under the fOllowing: 72 SBA CK6708
BUSINESS LIABILITY COVERAGE FORM
,
C. Who is an insure j in the BUSINESS l.!IABILlTY or lOsses covered Under the BUSINESS
C. Who Is an insured in the BUSINESS LIABILITY
COVERAGE FORM is lmended to includ. "s an
inSured the person or organization shO\Nn iri the
Declarations but only witl , respeC1 to iiabil~y arising
out of the operations of tt e n3nted insured. ;
For losses covered Under the I3USINESS
LIABILITY COVERAGE of this policy this insurance is
primarily to other velid and r.ollectiv9 intiur8r'lce wliicr is
available to the person or organization
shown in the Declarations as an Addition.tlnsurad.
City of Santa Ana
20 Civic Center Pla::a
Santa Ana, Ca. 927)2
S "0 FORM
Aj>PROVED 1'1.
Form 55 04 49 05 13 Printed in U,SA <, .
,
~ . h H'
vopy"g. t, a
Mlc uel Yigliottfl
Deputy City :\Ilofncv
ompany, 1993
0309'2001 FRI 10:22 FAX
,
(c) Any phy;ical or chemical change
in the poduct made intentlo~ally
Dy the VI ndor;
(d) Repack. g'~g, unless unpacked
solely for the purpose of
Inspectic n. demonstration. testing,
or the s Jbstitution Of parts under
instructic ns from the manufacturer,
and mlln repackaged in the
original (ontainer:
(e) Any f~ ,lure to make such
inspectio 15, adjustments, tests Or
servicing as the vendor has agreed
to make or normelly undertakes to
make II I the usual course of
business in connection with the
distributk n or sale of the products;
(f) Demonsl'atlOn, installation,
servicing or repair operations,
except ,uch operations ~)erformed
at the vendor's premises in
connect" n with the sale of the
product
(g) Product' which, afte' dist/lbution
or sale t y you, have been laoeled
or rela feied or used as a
containe . palt or ingredient of any
other thi .g or substance by or for
the ve~d )r
(2) This insuran;e does not apply to any
insured pen on or organization, from
whom you have acquired such
products, 0' any ingredient, per: or
container, er tering into. accompanying
or co~tainin~ such products
G. LIABILITY AND M "DleAL EXPENSES
DEFINITIONS
1. 'jAdvertising injury" neans Injury arising out of
one or more of the !clowing offenses:
a, Oral or written )ublicatlon of matenal in
your "advertiserr em" that slanders or libels
a person or d sparages a person's or
organization's gc ods. products or seNices;
b. Oral or written )ublicat'on of material in
your "advertisE'T1ent" thaI violates a
person's right 01 )fivacy;
c. COPYing, in \ our "advertisement", a
person's or 0 ga11ization's "advertising
idea" 0( style of ' 3dverlisement": or
d, Infringement of copyright. slogan. or title of
any literary Or artistiC work, In your
"advertisement"
Form S8 00 08 OZ 98 Printed n V.SA, (NS)
~O(l6
BUSINESS LIABILITY COVERAGE FOR.'I172 SBA CK6708
..
2. "Advertisement" means a dissemination of
;/If,xmation or Images that has the purpose of
inducing the sale of goods, proQucts or
seN,ces through:
a. (1) Radio:
(2) Television;
(3) Billboard;
(4) Magazine;
(5) Newspaper; or
b. Any other publication that IS given
wiQespread public distribution.
However, "advertisement" does not include the
design, pnnted milterial, information or images
contained in, on or upon the PacKaging or
labeli"{i of any goods or products.
3. "Advertiliing idea" means any idea for an
"advertisement" .
4. "Auto" means a land motor vehicle, trailer or
semi-trailer designed for travel on puolic roads,
including any attached machinery or equipment
B~t "auto" does not Include "mobile equipment."
5. "Bodily injury" means bodily injury, sickness or
disease susta:ned by a person, including
mentill anguish or death resulting from any of
these at any time.
6. "Coverage Territory" means,'
a. The United States of America (includin~, its
territories and possessions), Puerto RICO
and Canada;
b. International waters or airspace, prOVIded
the injury or damage does not occur in the
course of travel or transportation to or from
any place not included in a. above: or
C. All parts of the worid if:
(1) The injury or damage arises out of'
(al Goods or products made or sold
by you in the territory described 'n
8. above; or
(b) The activities of a person wh<:Jse
home is in the territory desccibed
in a. above. but is rfflay for a short
time on your business; and
(2) The insured's responsibility to pa,'
damages is dttermined in a "sui:" on
tile merits in the territory described in
a. above or in a settlement we agree
to,
7, "E'mplo,'ee" inctudes a "leased worker",
"Employee" does not include a "temporary
worker",
<<::, 1998, Th, H'rtford
Page 3 of 3