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HomeMy WebLinkAboutDIAGNOSTIC VETERINARY LABORATORIES, INC. 2-2001 ~. ~ INSl'r:.C!'~' 1, ' THIS AGREEMENT, made and entered into this I day of ~ y , 2001 by and between Diagnostic Veterinary Laboratories, Inc., a CalifornIa corPoration (hereinafter "Consultant"), 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"). nrr. lHi ii!,_ ',d:~, ' ':"'1 _",S' 'J}; '(.)-7"-'N---2001-154 (." '...., ,..h.,.._ CONSUL T ANT AGREEMENT [. '.. It - ( 1- <-) i O? V',.'l;;;:< l) \"'" RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of providing veterinary laboratory services including clinical laboratory testing, cytology, histopathology and consultation services. 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 ofthe mutua] and respective promises, and subject to the tenns and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall perform those services 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 $10,000.00 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 shall terminate on June 30, 2002, unless terminated earlier in accordance with Section ]2, below. The parties agree that services provided by Consultant between July 1,2000 and the commencement of this Agreement shall be included under the terms of this Agreement in order to provide continuous, uninterrupted service to the City. The term of this Agreement may be extended upon a writing executed by the Executive Director of the Parks, Recreation and Community Services 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 ofthe City. This Agreement is not intended nor shall it be construed to create an employer-fmployee relationship, ajoint 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. 5. INSURANCE Prior to undertaking performance cf work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. (Reserved) b. Automobile liability insurance. 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 le8s than $1,000,000 per accident. d. (Reserved) 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 insurancc 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 rlamage, which may arise from the direct or indirect operations of the 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 telms of or effects arising from this Agreement. This indenmity 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 ofthe events refened to in this Section or by reason ofthe 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 of the term5 of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. 7. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably unrlerstood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its Own information oflike importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic infomlation. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent ofthe other party is covererl by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession ofthe Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 8. 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. 9. 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 Cemer Piaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 telefacsimile (714) 647-6956 With courtesy copies to: Executive Director of Parks, Recreation and Community Services City of Santa Ana 20 Civic Center Plaza (M-23) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 571-4235 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: Diagnostic Veterinary Laboratories, Inc. 6475 Pacific Coast Highway Long Beach, California Attn: Scott Stanford 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 shall be effective or deemed to have been given three (3) days after it has been 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. 10. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete an,: ~xclusive 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. 11. 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. 12. 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. 13. DISCRIMINATION 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 recmitment, selection, training, utilizaTion. promotion, terminatIOn or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. JURISDICTION - VENUE This Agreement and all questions relating to its validity, interpretation, performance, and enforcement shall be government 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 of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall 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. IS. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the law~ and regulations of the United States, the State ofCaJifomia, the City of Santa Ana and all other governmental agencies. Consultant shall 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. 16. 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 shall indemnify City fully, including reasonabie 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 shail be i:e<;orpmated as if fully set forth in the body of this Agreement IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: - PATRICIA E. HEALY Clerk (lfthe Council CITY OF SANTA ANA L.e.-.. <1/ ..J .. . -- "-'--",T,.;,--'---~ DAVID N. RE~Yl City Manager / APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney yJ C' By: ~J..,( c<'COo'-:;/u?'-f- (i..(;, Laur~ Sheedy Deputy City Attorney RECOMMENDED FOR APPROVAL: CONSUL T ANT cl,"ill!~ Executive Director of the Parks, Recreation and Community Services Agency ~ Scott Stanford, P nt Diagnostic Ve nary Laboratories 33-0309970 Employer ID # or Individual SS # ;v; ~ -1 '.QJ W iL DIAGNOSTIC VmR1NARY LABORATORIES 140' SC'Uil-! 5m2:7. :'CI'+G 8EAC:-.:::."c'FC'RNIA <;C8C5 (300) 24i-~21 (562) y64-E05Q (800) 944.V'ETS FEE SCHEDULE _ _lIS ~c: C11l1 C co.! Ie&, 3CP. T4. n, ,=mr4. :(~afUill C-:01 C ~tftStI1' I'Inli1IC1 ',AU'. m. )Jj. F~, am; Glues. 'J"K. 3f~ T., T. PrtTmU'l. ~mn, c.:oaulln, Ale ,on::o. 3!JN. C'St.r.li"le. ;nasvt>:tUS, Ci~.~, 0=. SCdum. ;>:=wn. 113ft !'3C-(>,::100ll2, ~. crtLlTtI :ner.ICUlI c:.rus5.50 e1l2 = toiJla:I '""' _ ~ 2'1.00 ;C3C. :!01 ~ '!:i.OO C10J = OC/1O/UA ::s.~ :::101 = ~,.... ~l.:.u ;C3:. JJ.T, .ijl( .'T'lCs. T. Pru~~. ;lJjlI(. :.-u'O.r.~, Gi'WCCSC. Afb.rnfll "05= _ ~ '-'ST. -"1". Alk ~. 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IS(. 1Ie'1. lICi. :;l/f: ,511 :'" :SC'MtllCUt ,tffln!Mli.;j 7';;1 ~$l C FIA (He'1IOQrn:nfil31 i~ ":03 :; ilrllC alUt:t ,,::0 ~S04:: FIIana CICJ( ~11 '-'lO ,50S ,:::; PIall!l<<C1111lt 7~ il50S::: Pmlme 11.00 ~501 :::; Am 11.00 ,SOl c: OroIlt _ ".2.00 IlICIIIJIOl,DI; Si:U1U: 11501 C ClIIlIIlt al/'f 19.00 lIWC QlllIllll_tV .s.oo .ISll3 C UrXlI o.lUlt 1S.00 1E04:J SlIIOl 0JlUn 2S.oo lI605 C FIlIP tIIlIllrI 2~OO 11605 C o.a I Pm4it1s 1!-00 mRTlmOC_lS Y6ll7 C ClxtlII (fJc/ 17.311 fiG = Alngol_ l/l.OO IIl1O'1C A/tIlIII- 31.00 1Ii10= ~scnon 3!.DlI EXHiBIT A-/ EXHIBIT B ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY POLICY Insurance Company (ll.5>l c.L-..--rv -'!. -I This endorsement modifies such insurance as is afforded by the provisions of Policy # --20 -1;- 'J i a ^- relating to the fo llowing: 1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its officers, employees, agents, volunteers imd 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 of the operations and uses performed by or on behalf ofthe 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 separatdy to each insured against whom claim is made or suit is brought except with respec1 to the company's limits ofliability. 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 shallno( 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 FGi S' pZtKJ / 1'1) fr'6~ s e., rr :5;/1./V,?<7~ , this endorsement form as a part of Named Insured Countersigned by ~~ Authorized Re 'O... .. " B1/Be/2BBl 10:41 5629892429 . STAN"ORP PAGE 62 I 10th Ctntu.., I"-'-CO/llfl"'~ AP, 345 I. 02 If. IHSUIU!II'llCOPY .. 010500-lItC-ODD-0 ~Ol Owenlll104lIh A'I<In\It I WOOClln HIIII. c.tifOmia 91367 , D'O"A~TION 'm REINSTATE ClIVERAGE WITH LAI'U ~,.,m'i!~,.tt~yt-M~~~~"~~l~...f~~'.;:'J-:"~~!~1 mECTtl/~ UIUI9t """" -._IlIII_ '0 LtIt ~,_ _ ...... '011 _ DIll SCOTT . STANFORD RDI~ L ITANFoRD S711 PACIFIC AVENUE LDM8 llACH CA 90107 tAR Z HIWrORT "I$A ,eu P 0 lOX 11110 NO HOLLYWOOD ell 916a. I" ICID1L"IN.1UIIfV . a: MO...",.,. DNIIMI . ;:....Iha.Al"H.'t'_T1 " o. IINW........ AGtOIIf.r . '''~'''v<:N~~ ~ aft .. ~...~c .. 1llQUCi';U "". CI:JL~I'" . I Oi.~IIIttfCfllSr.i'D .. f,(loMMQlal.AllCltCQaT .. "'.*"t~P.'l"~-."I1ll' , ~ 140M ~IN' . ,coo u.o,., IAl;IHitr , N. , 010. . tJlIO.'- o~.. -- In.. - TeE-71 al,., TeE-7' 01/.1 M:'4...,-~, 77~ P"~IDI;NT Q~~!/aD '--f&IHI.-"gli~ .....~, CAliL(I.1l-J "U-UDa " '_" ,_. _'''' - STATtlMtNT Of ACCOUNT FOR I'OLICV 14114112 17 - PREMIUH FOR 121'11" - .6117100 t1074.00 TDTAI. #..,... f"'..... " .1'74,OD PA~M~MTS RHCEIVID ... ......... . 50a.0. ADJUSTMI!NTS MaE . . . . . . . . . . . . .. .Ia OUT.TANDIRD '~~~"tE .......... . ?74.'. taTAL ... u"... ......... 11174,00 AMOUNT DUE Dlf17fOb ........ . 231.00 FUTURE INSTALLMENTS DU~1 .. 2".8Q DUE DZ/11foa . 269.10 DUE O~/17/00 .. (I, ~ ..... · INCLUDES .~ PER PAVMENT SERl/ICE CHAR.E 011':" "';i;, '1"; I.' l~ I,; !; d .F' I;', " ;r~ '!' ':j';! ,.' ,'d ..' ,. ~~ ,,' ';., U ! . ~ 'I' , /I:t 'jl,. ". " " . ,,~i H .il r. " 'I .~ ; '~ .: ~ ,I':: I,; . ,. '. " ;....' . '1 . .: , '~,.. " , . !., :. ii' .:{ J I" i}' " .1;: ", :,., TO.80 NI:JC 95 T 8-17~8-t7T L: a I ,''',I OOZ I:JNI:J 1:J1NI:JS GO'd GOO'ON L~:OT . ;1,. .>., S~p 06 01 01:40p "" p.2 ~"l-"e!>:'{". - Monica Salmon Insurance Agency 4380'Katella Ave Los Alamitos, Ca 90720 Lie. 110698529 - A ZURICH - ........ B iih llmIR ........ C ........ Veterinary -. 0 ........ E 1'lNGP "- -- ....... _1111 ... ..~,Y) ...... ~uaam __ .....0- -10llIllRlclIllii-.. PAS 038657368-01 8-13-01 8-13-02 -- -.-...-. ~&_.IN.UIY &IIlQfocu Fl .a__ --'""--.... NED. ..... tbw_ -.... ...., IICIlII.r_ ""'- '2 '1 WI ~- Nfrllllll> -MmlU ...... 1tIB_ MmlU ..... '1,0:-0,000 . PAS 038657368-01 9-6-01 8-13-02 00CiILl'"",""", ....- -- . . -... APPROVED A TO foOR dc/ IillICtI 0CD.IlI II .... _lE . . Wla.._'1MIIUJY ""EO ....CW4&~. IJ~I.DQt1l4Uit...-....1t ~'- * 10 DAY FOR NON-PAYMENT OF PREMIUM ~1!il:i {l:>~-~~;;,. IHClIAOMrOFlMl__IIB)PoucIEe BE"'--', on__ --M,.1HEIIBoF. THE'"'-OO....NfYWlUENOs._lO IIAII. ~M\'IIWRInaI_TOntI!_TEHOI.DEIlIWlEDT011IE lEJOT._1'ALLtlI1l>---_IftIU._Ho...._....Oft ~OF__lM'OHntE__... """"ENI9Oll_~AlIVe' ,............,....""w.v...~v."",.... ......_ . Scott Stanford DBA: Diagnostic Veterinary Labs, Inc. 1401 South St. Long Beach, CA 90805 ~1l1A' -"",.'}I. ''''''''....:...........__1 dl_: "" :!t_-..."'~~I...!L~~.;t' . f....~ 31 0 I U3, UM!" DlasnQ.~ig Ye~ Lebs.,Ine_ 6824238606 p.3 "-'- . ZURICH ASSURANCE COMPANY OF AMERICA PRECISION PORTFOLIO POLICY - COMMON oeCLARA liONS PRECtSION AMERICA SERVICE PROGRAM Thi, polic;y c;onli,t. <If !he d..:lar&tions as well II !he cov,rage forma and endorsements 118('0 on the Forms and Endorse1l1entll Applicllble list 'w",', '., '":,.,..,,..-:~;..'::'''"'' .... ....<,'y.: ,", AOfNGY NAME ANO MAILING AODR!S5 SCOTT STA/IFrIUI 0&.1: OIMallC VUUIIWIY 1401 SMH $IIIffT U.Wi 1P0t CA 10805 . -",-.':" ". """'<',"l:.t, .,<;~.;:;:, .".:.,j"; 1i'AH1iJlf & COIFAIlY m E HILLCREST DR STE 260 1110_ DAKS CA 913fO-mC (IOl) ~Q.C-W/) ..',>..',..... ""::"'-';"-".'.' BMJI/(;H NA/IIIl AND AODAr~S ~ICV PIiRIOQ ;',: $:W:~'~ """''''~ll:' ;~:':. ~"J'lj~~: :;'J.:'-'.'.'.'< .....".~~(..;;.;..:.:':.:~ ";~<~;:!J ::'::-'1; '-:"""";;';,1,'" _, ,. lllllOl RlINOUneN CI-IOlllt 3239 E U'E!lIAL HIGHWANUIl!; 307 H.I CA 82821 17lf' m-2$f2 FROM 08/13f2QVl 12.:() 1 am TO U'lTI.. CANCaU:Df NClN-~ I BUSI~SS i/IITITY, 11Il1~IOOI.L POl-ICV fIRrMUttS In reM" fot' the p.vment of the premiUm, .1Id llLmJect to .11 the terms of ll'tls lIol11;:y, WB .we. wilt! you tQ provide ihe insurenclI as state II in tnlll policy. Th;. policy consiats of the fOllowinG ~"vllrllle part.. ThIs prumium may be 8\IOi"t to odjll.~...t ~ ClIIIIRCIAL PfIIlIERTY AMI GBlfRAI lIABlllfY TOTAL ANNUAl.. PIlEMtJM -...,' Countersigned by AVch.";jIt9a R""~...ntlltivo DOle ~O'd LOO'ON 90:ST '-I.J"J I'II,Ml,iah1ld .....ri.. II' In..... 1i_.,II" ~lll1ir, I.~.. ..ilh il. ~.''';'';I'''' C''Iyr','', lllu'_.. I......... Ot4;.., I..~ 1.... C"Pyrl."l MIrY'.... Cllu/ty e,m..." 1'3~ IlISlIIfD'i Q)'Y 11.1 T0f7L~S6f7TL:aI oam,""Ol Cor.M]N f"- ~'fo~G'l' ac. '3:.00 TO.T~ Sntf OOZ tlNtI tllNtlS Rue 31 01 03; OSlO UiatnoS~io V~~ Lab~..lno. :>624238S08 p.:! -. ll)ti.J .'- This cOVllrege p..t consill!S of this dlcler.tions form. the Common policy conditions, and thl! cov,rllgtl fOrms and endor9Sln9flt8 indlc,ted .s appliCable on tn, forms list PRECISION PORTFOLIO POUCY COMMERCIAL GENERAlllABfllTV DEe!.A"A TIONS PRECISION AMERICA SERViCe PROGRAM . ZURICH TIi.0'~ff3iYf;~ifj;;J;..7;:f;;'i!'j]i~,';;'): .,".. .",.....,. ....,... -'. ':;IlIffP.l.,1Q:;q;~L~ili+t;,;i?iz;;;;::/i!\::{:%~.}:.;!:j:;i'i\ Some of thlSI covereql!s ..e subUPT1lts or Ira SL4bjtICt to aggregate limits Refer to your poliey to dats'""no hOw lI1ey Ipply. GIllERAL AIIliIEllATE I'IllIlln Uil aJIIIlET8) O'8lAnONS AGGftE6\re 001 0CClRiEICE TaMm IJlMl, ~ lAilliTV UBlIColL ~EIlES . fAClI PEllSOII Pf/l$lJlML II/JIJlf ~ ADVaITI SIIrl INJIIlY 12.060,000 U.ow,aoo $1.000,0110 '1.000.00\1 S 10.110O SI,ooo.ooO tuoo. i'" 1-00 C~...rAL Ga\8W. LIABILm III$IRlEll'S awr 1017L>:S617TL: ar DlIU/2tol OOZ tlNtI tllNtlS GO'd LOO'ON 90:S, ,0, I>: 9ntl ~ " Aye 31 01 03;Oep UI.lnQS~1a V.t Labs.tIna. "e2423ee08 .... ASSURANCE COMPANY OF AMERICA ADMNSmATIVe Offi~ 1400 M1IRCAN l.AIE SCl-IAl..t.IIlMlG, IlLINOIS 60 196 PRECISJON PORTFOLIO POLICV Fa SCOTT STANFORD OBA: DIAGNOSTIC VETEAlNARV 1401 SOUTH SlllEEf LONG BEACH CA gOl,105 BV GRAY-STONe '" COMI>Af\lY 275 E HILLCREST OR S'fl; 250 THOUSAND OAl(S CA g1380-B23El p.l . ZURICH In Witnns wnereof. tne Company has ')('C:lIt~ Ihis policy snd. where required Dy l8w. hll5 c.uslld this policy to b, COlJl1t.r,igned by ita duly A.uthori8~ AGpr..~~ve. ~L" ~r:? ~ Pr.sld8l1t ~~ Seel".r.ry ..~. L:>l, ,-~~ TO'd LOO'ON SO:ST TO. H: ~1I1t1 T0I7L>:S6I7TL:Gr OOZ tlNtI tllNtlS Page 1 of 5 Jacquez-Nares, Patricia From: Sent To: Sheedy, Laura Monday, February 27, 2006 1 :38 PM Sweet, Connie Cc: Jacquez-Nares, Patricia Subject: RE: Medical lab contract '0 0 C6 It G-~ i c... V t')lIt), ,'~},i'-'....-~. 'yo , \ .l ~ ,",'f', Hi Connie By way of this email, I am informing Pat Jacquez-Nares that the insurance required is auto and workers' camp. If these are on file, the Agreement should be processed and payment made. This agreement expires June 30. I will prepare an amendment regarding the pickup but lets get the Agreement processed ASAP. Thank you, Laura From: Sweet, Connie Sent: Sunday, February 26, 2006 11:00 AM To: Sheedy, Laura Subject: RE: Medical lab contract Hi Laura, Sorry to be a pest but I wondered where we were with this contract? Connie Hi Laura, This is great news. There is a contract for DVL already. It just had not been sign off by the Clerk of Council due to the insurance issue. The number in the upper right corner is N-2005-112 I would guess the only change/amendment needed is in Exhibit A where it says Furnish pick Up as needed on an "on cali" basis. Add to this that the pickup is to be made from the perimeter fence with consuitant parking on the public street. I don't know what wording you would want to indicate that they are not coming on grounds to do the pickup. Everything else reads OK. Let me know if this is what you needed to complete the process. Thanks, Connie Sweet, Collection Manager Santa Ana Zoo 1801 E, Chestnut Ave. Santa Ana, CA 92701 cS,^,Elet@ci ,santa~ana .Cil.US 714-647-6542 www.santaanilzoo.org From: Sheedy, Laura Sent: Tuesday, February 14, 2006 11:58 AM To: Sweet, Connie Subject: RE: Medical lab contract HI Connie 1 have talked to Scott Stanford and we agreed he will provide the general liability, without an additional insured endorsement, and will not be required to provide professional liability insurance. Will you send me the information about what amendments you need. 2/28/2006 Page 2 of5 Thank you Laura From: Sweet, Connie Sent: Wednesday, January 2S, 2006 4:S3 PM To: Sheedy, Laura Subject: RE: Medical lab contract Laura, Would you be able to call the lab owner, Scott Stanford and speak to him directly. It may help. His phone is 800-247-8621. He was there just a few minutes ago. I keep calling him after each emaill get from you. Thanks, Connie Sweet, Collection Manager Santa Ana Zoo 1801 E. Chestnut Ave. Santa Ana, CA 92701 cS""l3et@ci.s51nta-ana.c:a.us 714-647-6542 www.$antaanazQo.org From: Sheedy, Laura Sent: Wednesday, January 2S, 2006 4:47 PM To: Sweet, Connie Subject: RE: Medical lab contract We never require the additional insured endorsement for professional iiability insurance. We will still be relying on their professional analysis of the blood in order for our vet to make the diagnosis so I think we still need professional liability - again, no endorsement will be required. Thanks Laura From: Sweet, Connie Sent: Wednesday, January 2S, 2006 4:44 PM To: Sheedy, Laura Subject: RE: Medical lab contract Laura, They do have professional liability insurance coverage already, but the City is not listed as an additional insured due to the high cost for them to have that done. The difference is that DVL does not diagnose. They analyze the blood and provide the results of cell counts or culture results from bacteria cultures. The results are given to the veterinarian (via the zoo) and the vet diagnoses. Will this make a difference on what the city requires? Connie Sweet, Collection Manager Santa Ana Zoo 1801 E. Chestnut Ave. Santa Ana, CA 92701 CSwe13t@ci.,>,mta-ana.ca.us 714-647-6542 www.santaanazoo.org From: Sheedy, Laura Sent: Wednesday, January 25, 2006 4:35 PM To: Sweet, Connie Subject: RE: Medical lab contract 212812006 Page 3 of 5 The insurance is professional liability insurance. It covers them for their errors in providing the professional vet services. It is required in both DVL and Antech agreements. It would not be required just for picking up the samples but is required for the professional services associated with diagnosis. Thanks Laura From: Sweet, Connie Sent: Wednesday, January 25, 2006 4:31 PM To: Sheedy, Laura Subject: RE: Medical lab contract Hi Laura, I just called DVL. They have no idea what this is. They have never heard of having this type insurance in their business. I do not recall this being part of what Antech's insurance has either unless it was there and I am just not aware of it Antech is the other lab we use that I want to discontinue. Thanks, Connie Sweet, Collection Manager Santa Ana Zoo 1801 E. Chestnut Ave. Santa Ana, CA 92701 C!iW~Elt@ci. sa.nt]3~"lna. ca. us 714-647-6542 www.san.t.,anazoo.Qrg From: Sheedy, Laura Sent: Wednesday, January 25, 2006 4:23 PM To: Sweet, Connie Subject: RE: Medical lab contract Hi Connie I just looked at the Agreement we prepared in June. That agreement also calls for Errors & Omissions insurance for the lab work they are doing. Is the E&O also a problem for this company? From: Sweet, Connie Sent: Wednesday, January 18, 2006 2:36 PM To: Sheedy, Laura Cc: Thompkins, Carla Subject: RE: Medical lab contract HI Laura, I just spoke to Scott at DVL and it was the general liability the city required that was causing the problem with their insurance. He is fully covered for the auto insurance. They are most happy to have a box bolted to the perimeter fence, park on the public street and walk to the box for the samples. The insurance provided by them is good through August 26 2006. If this will work with the new pick up arrangements, I would like to move forward with the contract. Thank you, Connie Sweet, Collection Manager Santa Ana Zoo 1801 E. Chestnut Ave. Santa Ana, CA 92701 csweet@ci.santa.,i3na. ca~ uS 714-647-6542 www.santi3i3nazoo,Qrg 2/28/2006 Page 4 of5 From: Sheedy, Laura Sent: Tuesday, January 17, 2006 2:45 PM To: Sweet, Connie Cc: Thompkins, Carla Subject: RE: Medical lab contract Hi Connie I know we have issues with this company and its insurance but I do not recall, is it just general liability they have problems with or do they also not want to provide the $1,000,000 auto insurance? We can arrange for drop box pick up to remove the general liability requirement but they will still have to meet the auto requirement - unless Risk Management sets a lower limit for the services they are providing, Does this help? Thanks Laura From: Thompkins, Carla Sent: Wednesday, January 11, 2006 1:43 PM To: Sheedy, Laura Subject: FW: Medical lab contract Importance: High Laura, please read below and let me know if you think they still need insurance, Thanks, Carla Mack-Thompkins Management Aide City of Santa Ana Parks, Recreation & Community Services Agency (714) 571-4222; Fax (714) 571-4209 cthompkins@ci,santa-ana,ca,us nn-Original Message--m From: Solis, Liza Sent: Wednesday, January 11, 2006 1:32 PM To: Thompkins, Carla Cc: Sweet, Connie Subject: FW: Medical lab contract Importance: High Hi Carla' I'm forwarding this email to you from Connie re, contracts, Thanks! Liza 'lvi, Saris City of Santa Ana Parks, Rec, & Comm, Services Agency (714) 571-4213 -----Original Message----- From: Sweet, Connie Sent: Wednesday, January 11, 2006 10:38 AM To: Solis, Liza Cc: Glazier, Ron; Olivo, Elizabeth Subject: Medical lab contract 2/28/2006 Page 5 of 5 Liza, I plan to not renew our contract with Antech next FY. I would really like to go with DVL, (better service and better prices) but they have had problems with their insurance company charging them too much to add the City as an additional insured. The issue as I understand it is that the insurance is needed because the driver picking up our samples at night has to drive onto zoo property. If I change the location of the pick up box so they can park on the public street and go to the outside perimeter fence to access the pickup lock box, would we be able to dispense with the insurance requirement? Please let me know, or let me know whom to ask this question to. Thanks, Connie Sweet, Collection Manager Santa Ana Zoo 1801 E. Chestnut Ave. Santa Ana, CA 92701 csweet@ci.sJmtg"ilna.ca.us 714-647-6542 VLWW.l';antaanazoo.org 2/28/2006