HomeMy WebLinkAboutMANGOSING, PETER 1 - 2000
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CONSULTANT AGREEMENT c( ,~('(\ Gt \":Clm~~~) / / '/
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THIS AGREEMENT, made and entered into this .1. day o~ 'Q".,(_, 20C 0 by
and between Peter Mangosing, a California independent contractor (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").
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RECITALS
A. The City desires to retain a consultant having special skill and knowledge in the field of
martial arts training.
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 perform those services as set forth in Exhibit A to this Agreement.
2. COMPENSA nON
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
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This Agreement shall commence on the date first written above and terminate on
74>..o3'D ,200[, 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 Parks and
Recreation and Community Development and the City Attorney.
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4. INDEPENDENT CONTRACTOR
Consultant shall, during the entire term of this 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$I,OOO,OOO 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, If Consultant is or employs a licensed professional such as an architect or engineer:
Professional liability (errors and omissions) insurance, with a combined single limit of not less
than $ I ,000,000 per claim,
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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: (I) 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 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 terms of or effects
arising from this Agreement. This indemnity and hold hanmless 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 of the terms of, or
effects arising from this Agreement. City may make all reasonable decisions with respect to its
representation in any legal proceeding.
7. CONFIDENTIALITV
If Consultant receives from the City information which due to the nature of such
information is reasonably understood 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 of
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like importance, but in no event less than reasonable care, "Confidential Information" shall
include all nonpublic information. 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 of the other
party is covered 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 of the Consultant without an obligation of confidentiality; (d) is required to be
disclosed by operation oflaw; 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 Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
telefacsimile (714) 647-6956
With courtesy copies to:
Executive Director of Parks and Recreation and Community Development
City of Santa Ana
20 Civic Center Plaza (M-23)
P.O. Box 1988
Santa Ana, California 92702
telefacsimile (714) 571-4200
and,
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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:
Peter Mangosing
2049 S. Pacific
Santa Ana, CA 92704
Attn: Peter Mangosing
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 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.
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
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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 oftennination,
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 recruitment, 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.
15. 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-laws and regulations of the United States, the State of California,
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.
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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
indenmify City fully, 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 shall be incorporated 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:
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P T IAE.HEALY
Clerk of the Council
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CITY OF SANTA ANA
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/DA VID N. REAM
City Manager
APPROVED AS TO FORM:
JOSEPH W. FLETCHER
City A orney
By:
Michael Vigli tta
Deputy City Attorney
REC
CONSULTANT
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I ,lli/i t.<1 \.L:>--J-
Peter Mangosing ,:. ,
Cleve Williams
Executive Director f Parks and Recreation
and Community Development
-52 c., { I - (1/1 S-
Employer ID Individual SS #
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EXHIBIT A
SCOPE OF SERVICES
A. Consultant will conduct martial art classes to children for a period of six months,
teaching classes periodically as follows:
Karate classes will be held at Salgado Recreation Center from January 8, through
June 30,2001, (Mon-Wed 6:00pm-8:00pm - Multipurpose room).
No classes will be held between January I - January 7, 2001, and January 15th,
February 19th and May 28,2001.
B. Consultant will provide and be responsible for equipment, records, personnel and
clean up of the facilities and material necessary to insure the effectiveness of said
instruction.
Class Size Ret!istration
A. The minimum number of participants is 10 per class, up to 50.
B. No registration shall be accepted after the second week of classes.
C. In the event the minimum number of enrollees is not realized by the second week
of classes, the class shall be canceled and Consultant will be under no obligation
to provide services, and City will be under no obligation to pay Consultant
compensation.
Fees
A. The fee to participants shall be no more that $10 per month per enrollee. No refunds
shall be made to participants, unless class is canceled by the Parks, Recreation and
Community Services Agency.
B. City shall collect said fees from each participant in the class during the period of
registration. Consultant shall not collect fees and refer participants to Center office.
City agrees to pay Consultant seventy percent (70%) of the total fees within fifteen
(15) working days after completion of said class period. City and Consultant agree
that City shall retain thirty percent (30%) ofthe fees collected.
C. Consultant agrees that City representative shall be entitled to audit Consultant's
records to insure compliance with the Agreement.
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Estimate of contract fees prior to the 70/30.
6 months @ SO students' x $10 = $3000.00
Insurance due: 8/01
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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 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 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 ifnot 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
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Countersigned by
Authorized Representative
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The City of Sanl~ And
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20 C2vic Cente~ Pla~a
santa A~a C~ 92]01
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Laura Sheedy
Deputy City Attorney
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EXIJIBI'T I,l
AllprpONAl lN~VRED ENDOl\:!EMfi.lli
ill" COMMf,RCIALQ:J;NERAL pP,~JJ,)TY,tQtl.CY.
Insuran\-e CQn1Pony
6 e:YI er6..-/ S /7:,ur.
This enaorsemenl rnadifie~ socLl inSurance a. is attofded by the pro'isiom of Policy
# '1'V1r.1:1..?,tL,~ Co ,elating 10 tbe fnUowing
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1. Th. Clly of S""..ta AM, 20 Civic Center PI..." Sanla Ana, Caij(~rni~ 92701; it:;
ott1cers:, employees, agents, VQ1U.Ol.ee:I';i "00 avrt::ien,a,i~~ axe nemed as additional il)s\.l:(~ds
("additiOJ'llll illsure1s'1 witlllegard to Habili,y and defense of SI,IlS arising from the opmttons
..-.ll"" pe,fon1'tl!d bJi 0' 00 behalf ofth. named insW1OU.
2 'With respect to claiws ari:'iiing. out ofrhe operations and use~ performed by or on
behalf tlfthe named insured, such inswanee as is afforded by Ws policy IS pmnary.nd i. not
atfdillUnlt( to or l:ontriburtn@ 'A.'ith iUl)' otl.lcr in~ul'a.1Wc -cu.med. by.or fl)r the bendit of rh.e
o<lditio,",l iru;~
J This insuraoc" applies sepant<ly 10 ollCh insured against whom claim islll3de or
suit is brought except with n:sp"" to tbe company's hmi,s ofliability. The inclusion of iI1\Y
JX'rson m "rgalli-LalinD a$lln insured sOon nOI affect Qny right WblCh such person or orgamllluOn
would ~vc uz. El chwnan\ ifnot so includ;d.
4. With ~_spect to lhe ~.dditit.'nR.! ~f'15\Jred.s, th>ens.u nee! shall not ~ cante:I1ed." or
mJ1l~;l:ll]y ~duee:d in coventgl; \Ir ltlt'lit$ l:)(C~pt a.ftet thin: (3()) 15 wrlnen notiJ.;t hU:J; trecn
given to the City of Sonia Ana, 20 CIVic Cent.. Plaza. Soni , Ollifonua 92701.
(<:ompl'lion "fllle fullowing, including coUllI.aignatu",. is required to make this endorsemrnl
efttc~.vt.)
Eff,~.ctj,'\.~
. . __, thi3 r-lIrlo~~r11P.!)) form 09 .0 part of
fI::. .f 11 f rl
PoEc)' # ..
I'i-'$~tc-
~
APPROVED AS TO FORM
\.I", / ..'
1 11,1 A ," /~hLJ' ([,
Laura Sheedy
Deputy City Attorn"y
D~c !2 00 1?:4Gp
DPt? . t 0.0 08 ~ 2':~~
5.ant,a .an:i?l 1'11""::5<:1
~ri~ ~r~ ~~jcklnsuFance
7 :1. 4'~:;7:f_ 4235
f!-'.4-
IR581e-bIJ(;()
p.3
i\IF' MUfflit & Fr1cfrJhsurance ~, Ihe.
~";'~:':'.:-_--::'~':;~ -:--'-_.._~_.,---::=:~...
This I'ndorscmcnt changes the Commercial Liability Policy. PLEASE read it caret'll!!)'
TilL'> emiurscme1l1, cfkctlVC on 08/011)(HKJ.., Standard hme sho,,,, on the Policy Ded,r."o'~" Ion,",., P'''" ofP"li,y
Number n'(J'11:''j60C_9~ lS,<:;U(:.;! to P(;h~r M1mgl.:l;sing #O-JT1819 by GenmJ Sw IndemT'.lly.
End(lrs.ement Numb/;':'l' 001
ThlS cndGr~emt'Jlt mQddirs immral1ce pru....l(kd foJ' under Ihe fOljmving:
(;OMMlRClAL GENIlRAL l.IADrUTY COV~CIlAGIi: PART
AODITIONAL INSlJHF.O BLANKET FORM
WIIO IS AN fNSFRED (Scrhon 11) lS iUilC,':ndo.:.>d 10 includ~ as an msured rhe pe.rson(s) Or orr.a:llizal/Qn(s)shm'm iu tlle
i:ichedule a.., an ll1StJl1:-G but only with r~::;l-1l.:f;lla liabIlity arising {.1ut of your Oper.at1(ln5 or premis.c-s owncU by or Ir;;nted to
you.
;'1a1)k oj l~usoll or Olganlzatiun
City OfSanla Am,
ib om~t':r~, t'mployee,\t agenh, "olun~a't"ll a.ud rtl"pn::se-ntalh,t.s
20 CivIc (:(<llh'-r P'2t~
S:mt3 An,", eA 92"01
AJi ccrtitl.:ate~ of inSUrance bolder:;; you have: agreed to indude as an Iru:;urcd prior to an "oct'tm-ellcc" or
alfensc
0;..97)
aao Stevens Avenue, F';lSt Floo,- .. SQlana Beach... CA 92D75-2068
{BGG, 259-5800... Fax (658) 259-6069 . l1\;t::nt>tt; 0672756
/uTiZOvicD AS 10 FORM
d:~o- ))JLU ri'r-
'L.{ura Sheedy
!)cputy City Attorney
E17/20!1':iS9 HJ:35
71 L\-571-'-12~:5
RECREATI~j ,?, c:ot.~N SVS
r.::I/~GE tI'L'
...,
-....p....-l~-~9 ~;;;!,.p
/'1.....\. . '
ACOBD_
-......
-.
Ct:RTI~iCATE()FUABll~~ ~!H,!t~~~-ll!~1lF w,oa::~;:,
I 1:'::"0 -- NO 1110"" INN T'-l:DTlI'lCtro'Tli
HOUlEII. T_ Cl8mRQ&n _ NOT .._. U"I'IIiD 011
Al.nIlTHE__"'~."THE~......OW.
COM"_A__IIA""
t-'~fOjIrflft" - '-.-- .
, ~ G.R.~.l .~.~ Iad...i~y
P,.02:
"~~t. & rr~dk t~..~.ne.
310 .~.v.~. A~..~ ~ir.~ rIGor
Io~... ".0. CA '307'
-
:J.~~r.y 1:.. P'r:ic'k
...i.ll=JJ,,,.UIlO
_....6.'-1I'9..0f'
l:'(lI....J.I'f
.
'~.T ......i~ #OS77.1'
1~ "~.~t.. 6/_'"
306' a. ..a1.~ A...
...... Au ClI. '2701
COl/BOiI..
Tlil$. ts TO c:tlI'i'JPf ~A' "DIE 'OUCI:, OF INIIU""Hr:::f uu~" IIIE. OW "'*'...t ..eft ISl!Iue., TO "tI1E "$URID ~MEO AIM FOR THE P(lLK:Y PEIIlIfX)
IN:lfCArED. HOT\o\'ITH5TANOWIJ ANY MQUlFIf'MENT. TE'RM Q/'t Q)NDITKJIt OF "NY COllfTlil...C1' Oft OTHnr COCUNlIfNT Wlftt f1U!lfCl" 'tl) WHICH J)<IS
cr..Tl'la..~ IIUIV... "''-llb QA MAl( F4.RTAW. 'J14I: INSURANCE Afl=ONMiO IV ,.,t POI.I(:IIE1 gp:~lteD "EIlI:EIN Iii 5UaJJ"CT TIJ ALl. r"t: 11....,
rxet.V81ClN1. ANI:li C':OPn'nONI OJ' ."(14' "oue... 1.1UIT" SHCWW au,'If" HA\,lf. IIEIPv JEWell) fItI PAlO CUlM8
~ -- ,.....-. -..-;,;,...... ':'.~~= "::'':.::='!~ I _ ....,.
~ ....".~ ~ "''Q,GMI;I.l.n
" ;I J ~"'I".4IoHI""~ 1,!Alllln... rY0332~..O(!-9a 04/0a,.. 06/08/00 : JllQ]uc"',elllohl~JeP'NM
~MIl(lf CiJ tw!!:!UIl l ~MOIIW. "-MVIIllJ':!.!_,
OWN!Jil't;.. iCONf1Il1lIC'fO"" I'tIOT ~AQi OCWN'll:f4Il;'
" Z ..r~ !"'liIN.;..w~-~I!V"'~
I Jl1tO....10IIaL MIQ UfO ~ ___..
r~UMHI1'l' COt/llll"ta."'_'l"11
-...,."
CQMIlNn"
C
_.-
D
f.3('?OO.OOO
<1 .!?!lO. 000
,*1..1;100, D,Uet
.1 COO ,DO."
. 1\10 ,000
'3 eOO
AtLowe;t ~1'1
1C*'ID1.1l,m A.l.tTOI
~~lW'rtJ..
. ."",*,,~oU,ITOI:
. 1,000,000
Ic,oL'ttlU/JIt'Y
--...
"I.
i . ,-,..,...---.._-
'fJ()I,.YIIUlM~' '.
... M1iI4nl
'n._ ..,
~W1WtT
~'1"UT~
"OItI!l'lNDAMN:J1I! j.
"''".o.....y. t", ~<"!~Jn_N' .
.....-
,,*-e~l.A'OftM
~f"'*"",,~,~
. .
OrNtIII Tt'lAN ...uro CIfIIl. Y:
''''CN M;QbINf ..
AlWii~Iii.U "
~~~fNCf .
#IIIliGlhCiuAn
I w~"""/rt.TDM_
1--.-.
TI"41! """0'I;Hv
....tI!j...IIII'INfN.
DfTICtflo~l:~
-
" RKvIllo___"
..toe
"'.,
il:
~i ,~. 4Ctl11.llN1
fl rtII*!~.l pglJr;,yL.'~
...J.IIt,.....J..PhlJi'l..OYR
....
.
.
.
or~ M"~~. 11"'"
a.tt =~!t-..J"'I..::t~ ~.~ ~... trUm"L..-U1J,.h ,~ ':.3
~"ft.t UUnLt:, ..::tli:; J8.:rfb: .ULac::t ~.:..~~. eot. ..,.if:::::
~DD.DOQ/o"c
300,1100/_
aA:t~~nr ~...
e.i.'tJ' oj' ....t:. -...
.~f~~i~. "1/"
CIaIIIr.1i. ......
20. w..t '~b ~~..*
....~.. ~ <lA 937"
~Nla ~.;::.n::.=;==':..-.:==:..~r:~;:Jt
30 I)""'" _na _onu. Jq l'" 0.-....:..,............... ro U111orT.
'A~ a.a .'1811)
~"""'Ainn
".I',....y ._" r~~ck
~'/~
LISA E. STOflCl(
AIIIattInt CIty AtlOrney
07/20/1'399 10:35
71.4-571-42:::5
RECREA TI H ,,; COI>^M SVS
::)fiGE 133
. .
.
.
ADDfTIONAL INSURED ENDORSEMENT
Insurance Company f\'1ulUZln +- F~ie-/L IAJsl,uuJ"..re
This endorsement modifies such insurance as is afforded by the prollisions of poiicy
# '1.l.(Gr~SlorClC-~ relating to the following:
1. The City of Santa Ana. 20 Cillic Center Plaza. Santa Ana, California
92701; its officers, employees. agents and volunteers 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 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 insur<<fs.
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 pensOl1 or organization would have as a claimant if not so included.
4. With respect to the additional insureds, this insurance shall not be
canceled, 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 0'-1 10& 1 q"l
Policy f# ~ 'f (.. 3>9')..5 t.;:~ '1B
Issued to ""Pc..TC~ M4"''',,'(}.
, this endorsement form as a part of
~;
-
Countersigned by
Authorized Representative
APPROVED AS '1'0 FORM
uSJ. ~. stOROl(
....1_1It CIty ...tt:c.l'IeY
~v (oli:C~
~J1'/:-:1r.1l1g99 H3:35 71"1--571-(.\'225
May-17-99 1~:~6A ~14 & ~r1ck
~ 1l:I::H"'w;lf.:':"~ ";-L.~, '.r,l-......;lo..,J
REC~EATIN ~?; GOIIIN 5VS
. "_LV".~''''''''''-''.,j.,_'
::tf~6E 84.
~_-04
AOOiTIONAl INSURED ENDORSEMENT
Inll\lfal'lC*Company "'_.~I& +-F",.'<!./t; ::L-"II<t_tY'..
Thi. nOlllemenl rnlXlilie. sucl'l inllmu,ce as is alflm1ad by the p,ovisions of Po/icy
· ~"'I:.I:h&t.~._ relating to.... rolltMinl)
1, The Cil)I ot Santa Ana. 20 Civic C'''ler Plan. Santa ArI', California
112701; Ita ornc.n;, 8/nJ'IO)/ftI, ."em. and voIunleer$ .... nlImed as additional ;"sUleds
r'1d01li0ll4l1 ~'") with rttprd 10 Iiabirl\y and <ler.mll of slIlts arlli"9 from the
~ ~ \.lIeS 1)ef1"'.....d I:>y or on tlenalfof1l'la ".mad ....u~,
2. W1tI relo.ct to claim. a"sillQ 01./1 of !h. opeflllicn$ and v_. performed by
or on betta' of ... nlJmed ill....rad. sveh in'~ U il alJoltlec by 11\., poliCy '.
prilnely and if; nat add/riQnal to Of' cotltrllwling with allY Qthe' ~nC41 cam.a by or 'e"
1M blHIellr Of'tN ,"~1IlIDn" Ineutwde.
3. TtI~ inavranee ;,pplies .ep.IlIb!l1y to -.ch in.urwo ~.,;n.t whom claim ill
",.. 0' SUIt ill bllJl.lClflt except wrtl\ lW~et ll) t/le company's limits of liabi~tv. Tn.
inc:I..Ptn of "fly pWlon or oroaMluticn at 8ft ,n$urlld shaH not .ired any rill"l whld!
.1lC:tl"~ or o.a"'ihtionwoulcl hllYe.. a dai"'llnt if no' so incJu<1lld.
.. WIth .......ct to ~ lldcIitioo., inllU~'. lhi. il'l'vta~ shall not ba
C1rwtled. or ~ reoUC4ld ill COftr8ge or IImib exCf!Pt aiter tnil'ly (;sa) da.,. Wl',n.n
notloe II.. been 'IVan 10 the Cily of Saote Ana, 20 Civic Center ~lNa, Santa ANI.
Clillb... t2?OL
(Cornpl8tion of .".. fol~. lndu(llflg coun~rsjpl1.lura. is 'eqlJir4ld to make lhi.
'" f_"'''''''''I~''Ii''',)
EIIIctI\f. 0'1 lOA. I ~'"
PolIcy .dI",*, to ,-"... ...
AMIO'I'5P IllS '10 lONI
~.. a1~
._~J,,_
. this e~1Int form 1M a part 0'
Coun.....lglI. by
(',
~ ..
. /r. _...,,~.~
~
-~
/'
f
~1ll;/."
" '\PI\'"~~-99 04: Z7P
-'.' ...
urJZ~'1~99 10:35
71A-571-4235
.
REG"'EA TI N ,~ GO/1r- SVS
.
D{'GE IJ5
P,03
This r.ndol'SemCl1t chal1ges dIe Commereialliability Policy. PLEASE read it ~refu"y.
Th,. ~"'l. lIffi:eli.c... 041Ol11!l9 at SI-..,_ Ih,,- i~ tile Polk" Dee)."..:""... r-. . pQrl of Polley Number
IYG332~6OC-9. ia....d to PDicr Manico..e l0377819lly a_II Slulnck:mnily.
Ii.........."" NU"ber UII I
Thie ~I mooJiiloo bosor~ pro,iIkd f.... WllIor Ihe folbwiftg:
COMMlUlCII\.L GIlNEILU. LIABILITY COVERAGE I"^RT
ADDrTrOIlfAL rNSVUD - BLA.l'Oa!T FORM
WHO IS AN INSlIRED (Section If) i. IIIllCndcd to iocltodc .. 8ft in.""", Ibe pc;rIOIJ{sj Of' OI'pIlillNi<Ml(s) .bOWlt i.. lire
!loIl<<l.llo.. on ,"...rc:d bill Ohl}' will. "")1<:0111> li~;lily lIIioio..... ofyouroP'''.'ioo. 'If "",roi",. ....",.,d by or ""'1<<1 to
""".
.Hlmr of ~ .... Orpa/aMlon
CItj1 '" s..... ~.. It<<............
" eo"""."'f)' Sa-m.,. Aatu.,. <10 o..nte Shw _ W S...t. ,AI... R/WI.
ll.... Aft.. CA 92'U2
All eertlficlI", of in'urance holders )1011 hll\le aareed to ilJ<;Jude ... an imrured priOf /(l an "occ,,,rCfl<:<!" Of pffell$e
(1-91)
AS 'IO i'Otl.M
APP1l0'lED ~
t!;iu; f. ~ ~"
~ISA E. "'ftt1tf'IIII
....1It CItV
. ~ERTIFICA TE OF LIABILITY INSURANC~MI9 I
ACORD~ DATE (MMIDDiYYJ
12/12/00
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Murria & Frick Insurance HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
380 Stevens Ave., First Floor ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Solana Beach CA 92075 INSURERS AFFORDING COVERAGE
Phone: 858-259-5800 Fax:858-259-6069 I INSURER A,
INSURED General Star Indemnity
INSURER S"
Peter M,n:OSing #0377819 jlNSURER c:
Eff: 8 1 00
2049 So. acific Ave.
Santa Ana CA 92704 I INSURER D:
I I INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTW!THSTANDING
ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
I~TF~' TYPE OF INSURANCE POLICY NUMBER b2i~1~b~J.}VE p~.k+iY~~r~~ON LIMITS
GENERAL LIABILITY
1--1
A I X "_~_?_MMERCIAL GENE~L LIABILITY I
'I. - -LJ. CLA.I M.. S MADE ' X. I OCCUR.
A 'uJ{! ~~~~:~~=~i~- I
r GEN'LAGGREGATE LIMIT APPLIES PER:
1 POLICY 'j~8T LOC
'I AliTOMOBILE LIABILITY
__ _~ ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
A X NON-OWNED AUTOS
IYG332560C-99
EACH OCCURRENCE
11,000,000
1100,000
12,500
$1,000,000
13,000,000
11,000,000
08/01/00
08/01/01
FIRE OAMAGf: (Anyone fire)
MED EXP (Anyone person)
PERSONAL & ADV INJURY
I GENERAL AGGREGATE
PRODUCTS - COMPIOP AGG
COMBINED SINGLE LIMIT
(EaaCCident)
'11,000,000
BODILY INJURY
: (Per person)
I
$
I
, GARAGE LIABILITY
~--- i ANY AUTO
, '
1$
OTHER
I AUTO ONLY - EA ACCIDENT $
OTHER THAN EA ACC $
AUTO ONLY: AGG $
EACH OCCURRENCE $
i AGGREGATE $
I
$
I
I EXCESS LIABILITY
_~J OCCUR --; CLAIMS MADE
I DEDUCTIBLE
RETENTION $
I WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
$
$
A I SEXUAL ABUSE
DESCRIPTION OF OPERATIONSfLOCATIONSNEHICLESIEXCLUSIONSADDED BY ENDORSEMENT/SPECIAL PROVISIONS
It is understood and agreed that the following entity is added as an
additional insured, but only as respects the operations of the named insured
except that liability resulting from the additional insureds sole negligence
100,000/OCC
300,000/AGG
CERTIFICATE HOLDER
N ADDITIONAL INSURED; INSURER LETTER:
CANCELLATION
CITYOSA
SHOULD ANY OF THE ABOVe DESCRIBED POLICies BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN
NonCE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO 00 SO SHALL
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KINO UPON THE INSURER, 11S AGENTS OR
REPRESENTATIVES.
The City of Santa Ana
W/Spec End; eff 8/17/00
Bernie Hayes
20 Civic Center Plaza
Santa Ana CA 92701
ACORD 25-8 (7/97)
Jeffre
.
~ & Frtc1r1nsurance Agency, InC.
This Endorsement changes the Commercial Liability Policy. PLEASE read it carefully.
This endorsement, effective on 08/01/2000 at Standard time shown in the Policy Declarations, forms a part of Policy
Number lYG332560C-99 issued to Peter Mangosing #0377819 by General Star Indemnity.
Endorsement Number 001
This endorsement modifies insurance provided for under the following:
COMMERCIAL GENERAL LIABILITY COVER.-\.GE PART
ADDITIONAL INSURED - BLANKET FORM
WHO IS AN INSURED (Section II) is amended to include as an insured the person(s) or organization(s) shown in the
Schedule as an insured but only with respect to liability arising out of your operations Or premises owned by or rented to
you.
Name of Person or Organization
City of Santa Ana
Its officers, employees, agents, volunteers and representatives
20 Civic Center Plaza
Santa Ana, CA 92701
All certificates of insurance holders you have agreed to include as an insured prior to an "occurrence" or
offense
(8-97)
380 Stevens Avenue, First Floor. Solana Beach. CA 92075-2068
(858) 259-5800 . Fax (858) 259-6069 . License 0872756
~
l , A
Dpc ]] 00 05:37p
.
7142509686
santa ana pr-cs>a
12/11 '00 16:03 NO.230 02/02
'II "t:;"/l "tC:;J;J
".0:;
EXHIBIT B
ADDITIONAL INSURED ENDORSEMENT
FOR COMMERCIAL GENERAL LIABILITY POLICY
Insurance Company
6 eJ1 e...r~ Sf-fLy-
I
This endorsement modifles such insurance as is afforded by the provisions of Policy
#.If' ~- f.jPlt(-u,tJ e. relating to the following:
1. The City ofSantll 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 perfonned 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 ptimary 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 Ot organization as an insured shall not affect any right which such person or organization
would have as II claimant if not so included.
4. With respect to the additional insureds, thi InSU nee shaJJ not be cancelled, or
maLerially reduced in cover..gc or limit. CI<Ceptllfter thin (30) ays written notice ha. been
given 10 the City of Santa Ana, 20 Civic Center Plaza, San! na, California 92701.
(Completion of the fOllOwing, including countersignature, is required to make this endorsement
effect; ve.)
Effective
Policy It
Issued to
(:;ch ~ c5fz1/
o
, this endorsement fOmt IlS Q pM of
11 fIr
.
Countersigned by
Aut
<.
From: Mary Severson At: Murria & FricK Insurance To: Pearl Reya
Fan: (858) 259.6069 Date: 117/02 01:32 PM Page 2 of 2
ACQRQ.
CERTIFICATE OF LIABILITY INSURANCE
OPIO )fS I
0377819 01/07/02
--T-THIS CERTIFICATE -IS-isSUED AS,,-NiA TfEifOF' ii'I"FOtlMATION - -
I ONLY AND CONFERS NO RIGHTS UFON THE CERTJFJCATE
HOLDER. THIS CERTIFICATE OOES NOT AMEND. EXTEND OR
I ALTER THE COVERAGE AfFORDED BY THE POLICIES BELOW.
DATE (MMlDD/YYl
PROOUCER
F~tness & We11ness Insurance
Agency
380 Stevens Ave., F~rst Floor
'Solana Beach CA 92075
I_~hone: 800-395-8075 Fax: 858-519-0822
INSUREO
I
1
I
u__!
!NSURERS AFFORDING COVERAGE
Peter Mangosing #0377819
Eff, 8/1/01
2049 So. Pacific Ave_
Santa Ana CA 92704
1~ISUf'!ER~__
~JSIJ~,E~_=----_
IrJSURERA.
Specialty National Insurance
--
[USURER:)
COVERAGES
.i:NS'..'~E~~
THE POL/CIESOF INSURANCE Lr$TED BELOW HAVE BEEN ISSUED TO THE INSURED NAMEOABO\lE FOR THE POLICY PERIOD INDICATED_ NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAy PE~TAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN 1$ SUBJECT TOAll THE TERMS, EXCLUSIONS AND CONDnlONS OF SUCH
POLICIEs A.GGREGATE LlMliS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS,
--I POLICy NUMBER I ~~~~C'Y~EFF~7yTfi" - I P::4~\.~:,:~~~J~ON -r--
I~:;
'!'YPEOFIN~'-'''-&-''lce
GFNEIIt&llf49IlfTY
A X i (;OMMEPCIAL CE'JE:.o..... (;AB!L1rv
r----r-: CJ\!~S PMOF I X , OCCJ"l
A Ix!~sc profes~nal
r--
LIMIT'!!
3%:Z-126451-00
08/01/01
08/01/02
'FArH'l<"IIP""'"C" _' ~ ~iO()O~OO__~
I f-lf.!EDAMAGE:!!'r:yonE~re) r;-100; 000
MED E>o.P (My ""B pBr<;{I~) $ 2 : 500
"fP~()~L&Ar1VllJjURY 1.1,000,000
I (;fN",PALAGGR",GATE i $ 3,000,000
r-::---._--~-t-..----.
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'I :)IS",,o.:;,. PC_ICYLlM'T
A I SEXUAL ABUSE
DESCRIPTION OF OpeAATlONSJlO(;ATIONSNEIiICLESlEXCLUSIONSAOOED BY ENOORSEMeNT/SPECIAL PROVISIONS
It is understood and agreed that the following entity is add~d as an
additional insured but only as respects the operations of the named insured
except tnat liabilit.l'" resulting from the additional insUJ::-eds sole negl.i.gence
100,000
300,000
CERTIFICATE HOLDER
I Y ADOltIONAl.lfllSU'U!O:INSUReA:LEnEA::
CANCELLATION
CITYOFS
DATe tHEReOF. TH.E ISSUING JNSURER WiLL ENOEAVCi:;: TO MAll
SHOULt> jl,NY OF T;.;i! ABO"i; t.lSSCRlBEO POLIt.IES BE C.....CElli;O I5EF~E THE EXPIRJ,TIOK
City of Santa Ana
Pearl Raya
20 Civic Center Plaza
Sant~ Ana CA 92701
t~OTICE TO Tl4E CERTIfiCATE HOLD!:R t-lAMED TO THE LEfT. nuT fAILURe TO 00 = SHAl..l.
10 OArSWRITT"rl
IMPOSE NO OBU"'ATtON OP. L!."Bl!..rn Of ."NY I<INO UPON THE IN5L'REFl. ITS AGENTS 0'"
Il!!ifP"lI=SENTATIVES
Jeffre E_ Frick
ACORD 2S-S (7/97) @ACORDCORPORATION1988
----