HomeMy WebLinkAboutCROWN FENCE COMPANY 2-2002
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CLERK OF CODNCIL
DATE,
N-2002-092
CONSVLTANTAGREEMENT
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THIS AGREEMENT, made and entered into this ~ v-+l~ day of ~_ , 2002 by
and between Crown Fence Company, a California corporation (hereinafter "Cons~'), and
the City of Santa Ana, a charter city and municipal corporation organized and existing under the
Constitution and laws of the State of California (hereinafter "City").
RECITALS
A. The City desires to retain a consultant having special skill and knowledge in installing
chain link fence.
B. Consultant represents that Consultant is able and willing to provide such services to the
City.
C. In undertaking the performance of this Agreement, Consultant represents that it is
knowledgeable in its field and that any services performed by Consultant under this
Agreement will be performed in compliance with such standards as may reasonably be
expected from a professional consulting firm in the field.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the
terms and conditions hereinafter set forth, the parties agree as follows:
1. SCOPE OF SERVICES
Consultant shall install chain link fence to secure City vehicles at the 5th and French
Street parking garage, as set forth in Exhibit A to this Agreement.
2. COMPENSATION
a. City agrees to pay, and Consultant agrees to accept as total payment for its services,
the rates and charges identified in Exhibit A. The total sum to be expended under this
Agreement, shall not exceed $4,300.00 during the term of this Agreement.
b. Payment by City shall be made within thirty (30) days following receipt of proper
invoice evidencing work performed, subject to City accounting procedures. Payment need not
be made for work which fails to meet the standards of performance set forth in the Recitals
which may reasonably be expected by City.
3. TERM
This Agreement shall commence on the date first written above and terminate on July 31,
2002, unless terminated earlier in accordance with Section 12, below. The term ofthis
Agreement may be extended upon a writing executed by the Executive Director of the
Community Development Agency and the City Attorney.
4. INDEPENDENT CONTRACTOR
Consultant shall, during the entire term ofthis Agreement, be construed to be an
independent contractor and not an employee of the City. This Agreement is not intended nor
shall it be construed to create an employer-employee relationship, a joint venture relationship, or
to allow the City to exercise discretion or control over the professional manner in which
Consultant performs the services which are the subject matter of this Agreement; however, the
services to be provided by Consultant shall be provided in a manner consistent with all
applicable standards and regulations governing such services. Consultant shall pay all salaries and
wages, employer's social security taxes, unemployment insurance and similar taxes relating to
employees and shall be responsible for all applicable withholding taxes.
s. INSURANCE
Prior to undertaking performance of work under this Agreement, Consultant shall
maintain and shall require its subcontractors, if any, to obtain and maintain insurance as
described below:
a. Commercial General Liability Insurance. Consultant shall maintain commercial
general liability insurance naming the City, its officers, employees, agents, volunteers and
representatives as additional insured(s) and shall include, but not be limited to protection against
claims arising from bodily and personal injury, including death resulting therefrom and damage
to property, resulting from any act or occurrence arising out of Consultant's operations in the
performance of this Agreement, including, without limitation, acts involving vehicles. The
amounts of insurance shall be not less than the following: single limit coverage applying to
bodily and personal injury, including death resulting therefrom, and property damage, in the total
amount of $1 ,000,000 per occurrence. Consultant shall supply City with a fully executed
additional insured endorsement in substantially the form attached hereto as Exhibit B upon
execution of this Agreement and shall be approved in form by the City Attorney.
b. Business automobile liability insurance, or equivalent form, with a combined single
limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for
owned, hired and non-owned automobiles.
c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300
of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against
liability for worker's compensation or to undertake self-insurance. Prior to commencing the
performance of the work under this Agreement, Consultant agrees to obtain and maintain any
employer's liability insurance with limits not less than $1,000,000 per accident.
d. reserved.
2
e. The following requirements apply to the insurance to be provided by Consultant
pursuant to this section:
(i) Consultant shall maintain all insurance required above in full force and
effect for the entire period covered by this Agreement.
(ii) Certificates of insurance shall be furnished to the City upon execution of
this Agreement and shall be approved in form by the City Attorney.
(iii) Certificates and policies shall state that the policies shall not be canceled
or reduced in coverage or changed in any other material aspect without
thirty (30) days prior written notice to the City.
f. If Consultant fails or refuses to produce or maintain the insurance required by this
section or fails or refuses to furnish the City with required proof that insurance has been procured
and is in force and paid for, the City shall have the right, at the City's election, to forthwith
terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its
time and materials expended prior to notification of termination. Consultant waives the right to
receive compensation and agrees to indemnify the City for any work performed prior to approval
of insurance by the City.
6. INDEMNIFICATION
Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents,
employees, consultants, special counsel, and representatives from liability: (1) for personal
injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims
for personal injury, including health, and claims for property damage, which may arise from the
direct or indirect operations ofthe Consultant or its contractors, subcontractors, agents,
employees, or other persons acting on their behalf which relates to the services described in
section I of this Agreement; and (2) from any claim that personal injury, damages, just
compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects
arising from this Agreement. This indemnity and hold harmless agreement applies to all claims
for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to
have been suffered, by reason of the events referred to in this Section or by reason of the terms
of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold
harmless, and pay all costs for the defense of the City, including fees and costs for special
counsel to be selected by the City, regarding any action by a third party challenging the validity
of this Agreement, or asserting that personal injury, damages, just compensation, restitution,
judicial or equitable relief due to personal or property rights arises by reason ofthe terms of, or
effects arising from this Agreement. City may make all reasonable decisions with respect to its
representation in any legal proceeding.
7. CONFLICT OF INTEREST CLAUSE
Consultant covenants that it presently has no interests and shall not have interests, direct
or indirect, which would conflict in any manner with performance of services specified under
this Agreement.
3
8. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this
Agreement shall be in writing and shall be deemed to be properly given if delivered in person or
mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other
telegraphic communication in the manner provided in this Section, to the following persons:
To City:
Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
telefacsimile (714) 647-6956
With courtesy copies to:
Executive Director of the Community Development Agency
City of Santa Ana
20 Civic Center Plaza (M-25)
P.O. Box 1988
Santa Ana, California 92702
telefacsimile (714) 647-6549
and,
City Attorney
City of Santa Ana
20 Civic Center Plaza (M-29)
P.O. Box 1988
Santa Ana, California 92702
telefacsimile (714) 647-6515
To Consultant:
Crown Fence Company
12118 Bloomfield venue
Santa Fe Springs, California 90670-4703
Telefacsimile (562) 864-2529
Attn: Jimmy Canales
A party may change its address by giving notice in writing to the other party.
Thereafter, any notice, tender, demand, delivery, or other communication shall be addressed and
transmitted to the new address. If sent by mail, any notice, tender, demand, delivery, or other
communication shan be effective or deemed to have been given three (3) days after it has been
4
. .
deposited in the United States mail, duly registered or certified, with postage prepaid, and
addressed as set forth above. If sent by telefacsimile, any notice, tender, demand, delivery, or
other communication shall be effective or deemed to have been given twenty-four (24) hours
after the time set forth on the transmission report issued by the transmitting facsimile machine,
addressed as set forth above. For purposes of calculating these time frames, weekends, federal,
state, County or City holidays shall be excluded.
9. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and
Consultant, and supersedes any and all other agreements, oral or written, between the parties. In
the event of a conflict between the terms of this Agreement and any attachments hereto, the
terms of this Agreement shall prevail. This Agreement may not be modified except by written
instrument signed by the City and by an authorized representative of Consultant. The parties
agree that any terms or conditions of any purchase order or other instrument that are inconsistent
with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant nor
the City. Each party to this Agreement acknowledges that no representations, inducements,
promises or agreements, orally or otherwise, have been made by any party, or anyone acting on
behalf of any party, which are not embodied herein.
10. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Consultant,
Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior
written consent of the City and any such assignment, transfer, delegation or subcontract without
the City's prior written consent shall be considered null and void. Nothing in this Agreement
shall be construed to limit the City's ability to have any of the services which are the subject to
this Agreement performed by City personnel or by other consultants retained by City.
11. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of
termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant
compensation for all services performed by Consultant prior to receipt of such notice of termination,
subject to the following conditions:
a. As a condition of such payment, the Executive Director may require Consultant to deliver
to the City all work product completed as of such date, and in such case such work product shall be
the property of the City unless prohibited by law, and Consultant consents to the City's use thereof
for such purposes as the City deems appropriate.
b. Payment need not be made for work which fails to meet the standard of performance
specified in the Recitals of this Agreement.
12. DISCRIMINATION
5
Consultant shall not discriminate because of race, color, creed, religion, sex, marital
status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited
by applicable law, in the recruitment, selection, training, utilization, promotion, termination or
other employment related activities. Consultant affirms that it is an equal opportunity employer
and shaH comply with aH applicable federal, state and local laws and regulations.
13. JURISDICTION - VENUE
This Agreement and all questions relating to its validity, interpretation, performance, and
enforcement shaH be governed and construed in accordance with the laws of the State of
California. This Agreement has been executed and delivered in the State of California and the
validity, interpretation, performance, and enforcement ofany of the clauses of this Agreement
shaH be determined and governed by the laws of the State of California. Both parties further
agree that Orange County, California, shaH be the venue for any action or proceeding that may
be brought or arise out of, in connection with or by reason of this Agreement.
14. PROFESSIONAL LICENSES
Consultant shaH, throughout the term of this Agreement, maintain aH necessary licenses,
permits, approvals, waivers, and exemptions necessary for the provision ofthe services
hereunder and required by the laws and regulations of the United States, the State of California,
the City of Santa Ana and aH other governmental agencies. Consultant shaH notify the City
immediately and in writing of her inability to obtain or maintain such permits, licenses,
approvals, waivers, and exemptions. Said inability shall be cause for termination of this
Agreement.
15. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature hereinbelow has the power,
authority and right to bind their respective parties to each of the terms of this Agreement, and shaH
indemnify City fuHy, including reasonable costs and attorney's fees, for any injuries or damages to
City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn.
b. All Exhibits referenced herein and attached hereto shaH be incorporated as if fully set
forth in the body of this Agreement.
6
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year
first above written.
ATTEST:
CITY OF SANTA ANA
'---~
(. .
" c; /' _"--L .CL~-L-)
PATRICIA E. HEALY
Clerk of the Council
~~-~-
~A Vill N. REAM
City Manager
APPROVED AS TO FORM:
JOSEPH W. FLETCHER
City Attorney
By:
Lau Sheedy
Assistant City Attorney
RECOMMENDED FOR APPROVAL:
CONSULTANT
it
J P. REEKSTIN
E ecutive Director of the
Community Development Agency
~LER~
Vice President
95-4205283
Employer ill # or Individual SS #
7
Sent By: CROWN FENCE CO' 1 582 B84 2529,' A
pr-15-02 15:50;
Page 1/2
POSA
5835
Reply 10: 12118 BLOOMFIELD AVENUE, SANTA FE SPRINGS, CA 90670.4703
($02) 864-~ 1 n . F.x (562) 88&-2529
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EXHIBIT" A
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Sent By: CROWN FENCE CO;
1 562 864 2529;
Apr-15-02 15:51;
Page 2/2
. ,
BID DATE:
IfIH;/02.
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CROWN FENCE
BID UME:
Sine. ~
PROJECT NAME:
(.,Irt Or tl4m-A- A-J'l~ . {J"'U/NI- ~17/JA.'T..tt.c C~
30s IE. - ",>:!!- ~'r. ~If-""'''' 1).",,,
LOCATION:
lCXCLUSIONS: CLEARING, GRUBBING, GRADING, SlJll.VI!:YING, CONCRETE lEXCEP1 POST
FOOTINGS}, REMOVALS, SPOILS REMOVAL, MAlNl'ENANCE OF INSTALLED
nNCE, W AlYER OF SUBROGRAnON FEES, BOND FEES, PERMITs OR FEES,
COREDRlLLING, SA WCU'rTlNG, FINISH HARDWARE, FIELD PAINTING,
GROUND, ENGINEERING, STRUCTURAL CALCS, ELECTRONIC SHOP/AS BUlLD
liRA WlNGs. WE WlLL F1JRN1SH SLEEVES AND OR ANGLE TRACK TO BE
INSTALLED BY OTHERS, (ltvt.';"I.II'1- "''''~''', lIt",..,,....p /''',IULJ.. ~VI/l'r.J:
'-..----,
SCHEDULING: APPROX.
LEAD TIME: APPROX.
MATERIAL LEAD TIME: APPROX.
'3-~ WORKING DAYS
WORKING DAYS
IQ-J{'" WORKING DAYS.
Project E~Ii1nJlt<>>'
Ji"""yClIllllltj~
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12118 BLOOMFIELD AVENUE, SANTA FE S~!\INC;S, CAUFORNIA 901170-170:)
Phon.: (S(2) e6~' n . F",,: (S52) 864-2529
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EXHIBIT B
ADDITIONAL INSURED ENDORSEMENT
FOR COMMERCIAL GENERAL LIABILITY POLICY
Insurance Company
This endorsement modifies such insurance as is afforded by the provisions of Policy
# relating to the following:
1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its
officers, employees, agents, volunteers and representatives are named as additional insureds
("additional insureds") with regard to liability and defense of suits arising from the operations
and uses performed by or on behalf of the named insured.
2. With respect to claims arising out ofthe operations and uses performed by or on
behalf of the named insured, such insurance as is afforded by this policy is primary and is not
additional to or contributing with any other insurance carried by or for the benefit of the
additional insureds.
3. This insurance applies separately to each insured against whom claim is made or
suit is brought except with respect to the company's limits of liability. The inclusion of any
person or organization as an insured shall not affect any right which such person or organization
would have as a claimant if not so included.
4. With respect to the additional insureds, this insurance shall not be cancelled, or
materially reduced in coverage or limits except after thirty (30) days written notice has been
given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701.
(Completion of the following, including countersignature, is required to make this endorsement
effective. )
Effective
Policy #
Issued to
, this endorsement form as a part of
Named Insured
Countersigned by
Authorized Representative
8
~
~.._~
CITY OF SANTA ANA
CITY OF SANTA ANA
Downtown Development Division
305 East Fourth Street
Suite 201
Santa Ana, CA 92701
(714) 565-4000
LETTER OF TRANSMITTAL
Fax (714) 647-6939
Attention: Rose Ann Trujillo
To: Deputy Clerk of the Council
Dale: July 19, 2002
Project/C.C. No. Crown Fence Company
Regarding:
Contract Execution
r8J We are sending you:
o We are hand delivering:
o Shop drawings
o Copy of letter
I:8J By Mall
o Attached
o Prints
o Change Order
o By Fax Mall(Number of pages Including this sheet:)_
o Under a separate cover via the following Items:
o PJans 0 Samples D SpecificatIons
o Other:
Ilem# Copies Pages DescrIption
1 2 8 Consultant Aqreement with Crown Fence Company
2
3
4
These are transmitted as checked below:
o For approval ~
c=J For your use c=J
o As requested 0
o For review/comment
Approved as submitted
Approved as noted
Returned for corrections
~ Resubmit_copies for approval
o Submjt~copjes for distribution
o Return~corrected prints
o Other:
Remarks:
Please have the Ci Mana er Clerk of the ouncil and John Reekstin I n both co ies and return to ur office at M.86. If
uestions call me a t x400. Please let me know if the si nin roce 5 will take Ion er than a week.
Thank vou.
H:desktop: Transmittal Form 2
cc: Chrono File
By:
~pp~m~
Danell Mercado
Redevelopment Assistant
t
~
ACORD,"
CERTIFICATE OF LIABILITY INSURANCE
0":: '7
N - LOOZ/ J (..-
PRODl:CER
Aon Risk Services, Inc. of Southern California
1901 Main Street
Suite 300
Irvine CA 92614 USA
DATE U111/00/YY)
07/] 6/02
THIS CERTIFICATE IS ISSVED AS A MATTER 0.' INFORMATION ONL V
AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTlFlCA TE DOES NOT AMEND. EXTEr-iD OR ALTER THE
COVERAGE AFFORDED BV TIlE POLICIES BELOW.
PHONE.(949) 608-6300 FAX_ (949) 608-6451
liOWSVR1W
Crown Fence Co.
12118 Bloomfield Avenue
Santa Fe Springs CA 90670 USA
INSLRERS AFFORDIr-iG COVERAGE
[I'.-SURER A
INSt;RER B
Travelers Indemnity Co. of IL
Great American Insurance Co.
[J\SlIRERC
I:-./SURERo
INSURERE
COVERAGES Tl:IisCettificati::isnotintende'dtospe~ry all endoi]etl1ents cove~estenns, conditions andexclusions of the policies shOwn.
THE POLICIES OF INSURANCE LISTED BELOw HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICA TED, NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY
PERTAIN, Tl-IE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES
AGGREGATE LIMITS SHOWN MAY JlA YE BEEN REDUCED BY PAID CLAIMS
I~SR
LTR
TYPE OF INS1IRA~CE
POLICY NUMBER
POLICY EFFECTIVE POLICY [XPIR.-'\. TION
DATE(MMIDDlYV) DATE(M:\1\DDlYY)
LIMITS
A
GENERAL LIABIUTY
rx Co.\.fMERClAL GENERAL LIABILITY
r- CLAIMS MADE 0 OCCUR,
I-
-
-
GEN'L AGGREGAtE LIMIt APPLIES PER
~ POLICY 0 ;:~r D LOe
DTEC0347K9603TIL02
GENERAL LIABILIlY
01/01/02
01/01/03
EACH OCCURRENCE
$1,000,000
$300,000
$5 000
$1,000,000
$2,000,000
FIRE DA~lAGE( Anv one fire)
M~D EXP (Anv on~ person)
PERSO:-.iAL & ADV INJURY
GENERAL AGGREGATE
PRODUCTS - COMPIOP ACG
$2,000,000
A
AUTOMOBILE LIABILIty
rx ANY ALTO
r- ALL OV.'J',;ED AUTOS
r- SCHEDULED AUTOS
7 HIRED AUTOS
X NON OWNED AUTOS
-
DT810347K9603TIL02
AUTOMOBILE - COMMERCIAL
01/01/02
01/01/03
COMBINED SlNGLE LIMIT
(Eaaccident)
$1,000,000
BODILY INJURY
(Per person)
BODILY INJURY
(Peraccidenl)
PROPERTY DAMAGE
(Perauidenl)
GARAGE LIABILITY
8 ANY AGTO
B EXCESS LIABILITY
~ OCCL'R 0 Cl.AIMS MADE
~ DEDUCTIBLE
~ RETENTJON
AUTO ONL Y - EA '\CClDENr
OTHER THA?\I EA ACC
AUTO Ol\'L Y
TUU3579392
:"XBR8LIA L:::ABEl:'Y
01/01/02
AGG
01/01/03
EACH OCCURRENC~
AGGREGATE
$5,000,000
$5,000,000
WORKERS <<=-'OMPENSATIOS AND
D1PLOYERS'LIABIUTY
-"..
Iwe STATo I JOTH.
!TORY LIMITS IER
EL EACH ACClDEl'<T
EL. DISEASE-POLICY LIMIT
, ': -"'1.'. 1'1 !U>~~
"OC'''::_"''.~'''-_'''~woc''.~_n___""~.,,,.. ~II~.Jli? TO FORM
Re: Storage Area for the Downtown Development of the City of Santa Ana, San~'~ , ~. ~~~~sement Attached
Deputy City Attorney
EL D(SEASE,EA EMPLOYEE
CERTIFlr A TE HOI,DEIl
~ANCElLATION
Z5-S 17/97\
Certificate No :
570003445256
SHOULD ANY OF THE ABOVE DE:SCRIBeD POLICIES BE CANCELLED I3EFORE THE EXPIRATION
DATE THEREOF, THE ISSUING COMPANY WILl. EN~'T.f) \.tAlL
30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT
BU~~!MPG&E'~IGAT-J.GN..oR_-bt-A-BthIT'l'
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A'fJ'Y/f"J.":"e;';;NTATI'1;/ ~./ p _ --, 1./ t:/
//17 /I ..trc RD TlON 1988
Holder IdenWl'er :
City of Santa Ana
305 East Fourth St., Suite 201
Santa Ana CA 92701 USA
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EXHIBIT B
ADDITIONAL INSURED ENDORSEMENT
FOR COMMERCIAL GENERAL LIABILITY POLICY
Insurance Company Travelers Indannity Co. of JL
This endorsement modifies such insurance as is afforded by the provisions of Policy
#!2I'Em34?K'W3TIID2 relating to the following:
l. The City of Santa Ana, 20 Civic Center Plaza, Sant\l.Ana, California 92701; its
officers, employees, agents, vOlunteers and, represent;1tives <1r,e t1atlled as additional insureds
("additional insureds") with teg<1rd to liabilitYfud defense ofstlits arising from the operations
and uses performed by or on behalf of the named insured.
2. With respect to claims <1rising out of the operations and uses performed by or on
behalf of the named insured, such insurance as is afforded by this policy is primary and is not
additional to or contributing with any other insurance carried by or for the benefit of the
additional insureds.
3. This insurance applies separately to each insured against whom claim is made or
suit is brought except with respect to the company's limits ofliability. The inclusion of any
person or organization as an insured shal"l not affect1\l)Y right wl1ich such person or organization
( ......,-.,.. ',', -.,..... ....<,.'.. .-
Would have as a claimant if not so included.' , " '
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4. With respect to the additional insureds, this insurance shall not be cancelled, or
materially reduced in COverage or limits except after thirty (30) days written notice has been
given to the City of Santa Ana, 20 Civic Center l'laza, Santa Ana, California 92701.
(Completion of the following, including countersignature, is required to make this endorsement
effective.)
Effective 1/1/02
Policy # IlIH1l347K9W3TIID2
Issued to CrOWl1 Fence Co.
, this endorsement form as a part of
." . NamedInsured
Co~""i,""by ..~~ tz.J,k~
1/ Au 0 Representative
AP~S TO FORM
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CRIS E LEE SHAW
Deputy City Attorney