HomeMy WebLinkAboutADVANTAGE FITNESS PRODUCTS 1-2002
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.wORK MAY NOT PROCEED
( ~ -1-,' OctERK OF COUNCIL
F/~ATE: 1/fA1..- CONSULTANT AGREEMENT
THIS AGREEMENT, made and entered into this j ~ day of ~ ~ , 2002 by
and between Advantage Fitness Products, (hereinafter "Consultant"), and the ~nta Ana,
a charter city and municipal corporation organized and existing under the Constitution and laws
of the State of California (hereinafter "City").
N_2002-062
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RECITALS
A. The City desires to retain a consultant having special skill and knowledge in the field of
maintaining and repairing fitness equipment.
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 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. 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 July 1, 2002 and terminate on June 30, 20~, unless
terminated earlier in accordance with Section 12, below. The term of this Agreement may be
extended upon a writing executed by the Fire Chief and the City Attorney.
4. INDEPENDENT CONTRACTOR
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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.
5. 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 ofthis 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. The following requirements apply to the insurance to be provided by Consultant
pursuant to this section:
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(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.
e. 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 proofthat 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 1 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
ofthis 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. 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.
8. NOTICE
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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 copy to:
Fire Chief
City of Santa Ana
1439 S. Broadway
Santa Ana, California 92707
telefacsimile (714) 647-5779
To Consultant:
Advantage Fitness Products
10131 National Boulevard, Suite B
Los Angeles, California 90034
Attn: Sandy Van Hoek
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.
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
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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 either party 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
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.
13. JURISDICTION - VENUE
This Agreement and all questions relating to its validity, interpretation, performance, and
enforcement shall 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 of any of the clauses of this Agreement
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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.
14. 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.
15. MISCELLANEOUS PROVISIONS
a. Each nndersigned 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 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.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year
first above written.
ATTEST:
CITY OF SANTA ANA
DAVID N. REAM
City Manager
APPROVED AS TO FORM:
JOSEPH W. FLETCHER
City Attorney
BY:~./&/
Laura Sheedy /
Assistant City Attorney
RECOMMENDED FOR APPROVAL:
CONSULTANT
/{Muc-uvaD-
MARC MARTIN
Fire Chief
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S YVANHOEK
Service Manager
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Employer ID # or Individual SS #
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EXHIBIT A
SCOPE OF SERVICES
Consultant shall provide services as described in Schedule A, "Itemized Description of
Preventative Maintenance Agreement", for the fitness equipment located at Santa Ana Fire
Stations # 1,2,3,4,5,6,7,8,9,10 and itemized in Schedule B, "Equipment Covered and/or
Excluded by this Agreement".
Said Preventative Maintenance shall be performed quarterly, beginning July I, 2002 and shall
include the following:
. Consultant shall inspect the equipment to determine if repairs are necessary to make the
Equipment in good operating condition suitable for coverage under this Agreement. City
shall pay for all labor, parts and materials for any such repairs and adjustments.
Consultant shall provide City with an itemized statement of necessary repairs for City's
approval prior to Consultant performing any such repair.
. Consultant's trained technician wil1 perform services on the equipment at City's Fire
Stations during a mutually agreed upon schedule. Said services shall be performed
between the hours of 8 a.m. and 5 p.m., Monday through Friday, excluding holidays.
Consultant shall comply with City's security procedures in obtaining access to the
equipment. City shall notify Consultant, when the technician arrives, of any problems the
City is experiencing with the equipment. The City Manager, or his authorized
representative, shall approve invoices prior to Consultant performing repairs, indicating
that Consultant has inspected the equipment and what repairs are needed, including an list
of replacement parts and materials not covered by the Preventative Maintenance
Agreement.
. If a replaced part is covered by a manufacturer's warranty, Consultant shall replace such
part and invoice the cost of the replacement part and any associated service repair charges
to such manufacturer warranting coverage. If the manufacturer does not pay Consultant,
City will be responsible for the difference between the amount paid by the manufacturer
to Consultant and the actual amount due.
. Consultant shall maintain a stock of replacement parts appropriate to provide reasonable
preventative maintenance on the equipment. Consultant shall use original equipment
manufacturer replacement parts or parts of equal quality in performing preventative
maintenance and repairs.
Repairs not covered by Preventative Maintenance. Nonscheduled maintenance service calls
requested by City and any repairs not covered by Schedule A, will be billed separately at $85.00
for the first half hour and $55.00 for each additional hour, in addition to the cost of replacement
parts.
Warranty and Remedies
a. Consultant shall perform services under this agreement in a profession manner
conforming to generally accepted industry standards. City shall report any deficiencies
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in Consultant's work within five calendar days of performance thereof. Customer shall
correct any such deficiencies.
b. The only warranty with respect to any part or accessory provided by Consultant is the
manufacturer's original warranty.
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SCHEDULE A
Itemized Description of Preventative Maintenance Agreement
CROSS TRAINERS
. Check all resistance ccmponents
. Check electronic components
. Check and lubricate drive bell
. Inspect all bearings, bolts and miscellaneous hardware
. Calibrate to manufacturers specifications
. Test overall operation of unit
ROWING MACHINES
. Check and clean control board functions
. Check resistance system (mm, to max,)
. Check pivot points. clean and lubricate
. Clean and lubricate track and chain
. Calibrate to manufacturers specifications
. Test overall operation of unit
STAIR CLIMBERS
. Check all resistance components
. Check eiectronic components
. Inspect step drive components - clean and lubricate
. Inspect all bearings, bolts and miscellaneous hardware
. Calibrate to manufacturers specifications
. Test overall operation of unit
STATIONARY BIKES
. Check control board functions
. Inspect altemator brushes
. Sand fly wheel and inspect tension bell for wear
. Clean and lubricate chain
. Inspect drive belt chain tension system (mln, to max,)
. Inspect all bearings, freewheel sprocket, bolts/screws and chain/drive sprocket
. Check speed assembly
. Test overall operation of unit
TREADMILLS
. Inspect rear roller
. Inspect rear brace and all welds
. Align running belt and lubricate deck surface
. Inspect lower electronics and adjust when necessary
. Clean and vacuum drive motor, air intakes and fans
. Inspect drive belt for wear and proper tension
. Check lift calibration sellings
. Calibrate to manufacturers specificalions
. Test overall operation of unit
STRENGTH EQUIPTMENT (WEIGHT MACHINES)
. Inspect all cables for wear
. Lubricate guide rods, carriage assembly, pulleys and miscellaneous hardware
. Test overall operation of unit
Advantage Fitness Products. Prevenlative Mainlenance Agreement- Page S of 7
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SCHEDULE B
Equipment Covered and/or Excluded by this Agreement
EQUIPMENT COVERED BY THIS AGREEMENT
ITEM# PRODUCT SERIAL NUMBER DESCRIPTION. ADDITIONAL NOTES
1 Station#1 Lifecycle Bike, Stairmaster Stepper, StarTrac Treadmill,
Smith Mach.
2 Station#2 Lifecycle Bike, Stairmaster Stepper, Startrac Treadmill,
Lat Mach.
3 Station#3 Startrac Treadmill, Stairmaster Stepper, Lat Mach.
4 Slation#4 Stairmaster Stepper, Lifecycle Bike, Lat Pulldown, Smith
Mach., StarTrac Treadmill.
5 Slation#5 Stairmaster Stepper, 2 Startrac Treadmills, Smith Mach,
Lea Press, Lea Ex!, Lea Curt.
6 Slation#6 Slartrac Treadmill, Slairmaster Treadmill, Leg Ex!, Leg
Curt, Lat oull.
7 Station#7 Stairmaster Stepper, Startrac Treadmiil.
8 Station#8 Slairmaster Steooer, Startrac Treadmill, Lat raw,
9 Station#9 Stairmasler Stepper, Slartrac Treadmill, Roman Chair.
10 Stalion#10 Lifecvcle Bike, Slairmaster Steooer, Startrac Treadmill.
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12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
EQUIPMENT EXCLUDED FROM THIS AGREEMENT
ITEM# PRODUCT SERIAL NUMBER DESCRIPTION. ADDITIONAL NOTES
1
2
3
4
5
6
7
8
9
10
Advantage Frtness Products. Preventative Maintenance Agreement. Page 6 of 7
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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 ofthe
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 9270 I.
(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
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--. CERTIFICATE OF LIABILITY INSURANCE
ACORD DATE (MMIDDfYY}
'" 04/10/2002
PRODUCER (818)240-7670 FAX (877)396-8959 ONLY AND '~~~F~RS NO RIGHTS UPO~ ~~~ ~~RTIFICA TE 'V"
Kni gh t Insurance Agency HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
104 N. Maryland Avenue ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Gl endal e. CA 91206 INSURERS AFFORDING COVERAGE
Michele Fisher/Debbie Delia
INSURED AFP International. llC INSURER A: Employers Fire Ins C.
Advantage Fitness Products Inc INSURER B: State Compensation Insurance Fund
10131 National 81 vd. INSURER c:
Los Angeles, CA 90034 INSURER 0:
, INSURER E:
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT. TERM OR CONOITION OF ANY CONTRACT OR OTHER OOCUMENT WlTH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUEO 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.
L1ft TYPE OF INSURANCE POLICY NUMBER DATE (MMIDDIYY) rOATe (MM/DDlYYl LIMITS
GENERAL LIABILITY FAR782101 07/01/2001 07/01/2002 EACH OCCURRENCE . 1,000,000
- COMMERCIAL GENERAL LIABILITY FIRE DAMAGE (Anyone fire)
X . 1,000,000
I CLAIMS MADE 0 OCCUR MED EXP (A.1Y one person) , IS,OOO
A PERSONAL & ADV INJURY . 1,000,000
GENERAL AGGREGATE . 2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOP AGG . 2,000,000
Xl ,n PRO- n
X POLICY JECT LOC
AUTOMOBILE LIABILITY AAB59159 07/01/2001 07/01/2002 COMBINED SINGLE LIMIT
-'-'-'- (Eaaccident) .
ANY AUTO 1,000,000
-
ALL OWNED AUTOS BODILY INJURY
- (Per person) .
~ SCHEDULED AUTOS
A
~ HIRED AUTOS BODilY INJURY
(Per accident) $
~ NON-DWNED AUTOS
I- PROPERTY DAMAGE .
(Per accident)
GARAGE LIABILITY AP~~b' AUTO ONLY - EA ACClDENT .
R ANY AUTO OTHER THAN EA ACe .
AUTO ONLY AGG .
EXCESS LIABILITY CRI ;:,nM EACH OCCURRENCE ,
~ OCCUR D CLAIMS MADE DepU ~ City Attornil AGGREGATE .
$
==1 DEDUCTIBLE $
RETENTION . .
WORKERS COMPENSATION AND 506102 04/01/2002 04/01/2003 X ITO"vel;,;,'!-.i i'ER-
EMPLOYERS' L1AeILlTY E.L. EACH ACCIDENT $
1,000,000
B E.L- DISEASE. EA EMPLOYEE
$ 1,000,000
E.L- DISEASE - POLICY LIMIT . 1,000,000
OTHER
DESCRIPTION OF OPERATlONSILOCATlONSNEHICLESfEXCLUSIONS ADDED BY ENDORSEMENT/SPEctAL PROVISIONS
PECIAl CONDITIONS AS RESPECTS GENERAl lIABILITY: it is agreed the certificate holder i. included a.
dditional insured. If required, said insurance shall be primary.
10 days notice of cancellation as respects non-payment of premium
CERTIFICATE HOLDER i I ADDITIONAL INSURED; INSURER LETTER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANYWlLLK~'tlQA(IX) MAIL
....3....0.- DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
City of Santa Ana .~M~M.ll~kIl6M~l'1I:c>JlMll~mcx
20 Civic Center Pl aza Illl.~MI'1llllllft<<'l(l)(nll'J!ltlD;!l!lc~lllIJlIlll:XXXXXXX
Santa Ana, CA 92702 AUTHORIZED REPRESENTATIVE ~~
Debbie Delia/DO
'7) ,,~"v
COVERAGES
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EXHIBIT B
,
ADDITIONAL INSURED ENDORSE:rvmNT
FOR COMMERCIAL GENERAL LIABILITY POLICY
Insurance Company t rt~f "X"lts w'Q..fld
This endorsement modifies such insurance as is afforded by the provisions of Policy
# F" A..R t 'is':U 01 relating to the following: .
I. The City of Santa Ana, 20 Ci.vic Center Plaza, Santa Ana, California 92701; its
officers, employees, agents, volunteers and representatives are named as additional insureds
("additional insw-eds") 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 ofthe
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 ofliabilit~. 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, C~lifomia 92701,
(Completion of the following, including countersignature, is require\! to make this endorsement
effective.)
Effective
Policy #
Issued to
11 \. ( :l DO). , this endorsement form as a part of
n~l 'bJ-lOI
. FD 1I\.,it1"I1CL'tl'IlM.l, l.-t..0
, Named Insured
Countersigned by
oriz
rcsentati ve
,
TINE LEE SHAW
~puty cIty Attorney
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W~SS:0t c00c-ct-~0
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ADDITIONAL INSURED ENDORSEMENT
Insurance Company
krJ \ 6 Hi' ~U(L l'l-T1cr;-
This endorsement modifies such insurance as is afforded by the provisions of Policy
# Fritz.- 79J 'L I 0 \ relating to the following:
1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California
92702; 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 perfonned 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
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,
Califomia 92702.
(Completion of the following, including countersignature, is required to make this
endorsement effective.)
Effective ~ I \ ~DO'2-
Policy # F 1te.'7 ~2-1 0 I
Issued to An ::r:,.,.:kI\A.ilO~.Jl .. LU!/
- N'm~
Countersigned by /.... ~
C/ A~~~rized Representative
, this endorsement form as a part of
J\PPR~'7" FOBI4
c' 12-
CRI L.Et SHAW
DePUty City AtUlrney
ACOR'b,. 'CERTIF,ICATE OF LIABILITY INSURANCE DATE (MM/DDJYYI
04/10/2002
PRODUCER (818)240-7670 FAX (877)396-8959 !.':'!~. ~ ~~ ~ MA" c",
Knight Insurance Agency ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER, THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
104 N. Maryland Avenue ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Gl endal e. CA 91206 INSURERS AFFORDING COVERAGE
Michele Fisher/Debbie Delia
INSURED AFP International. LLC INSURER A: Employers Fire Ins Co
Advantage Fitness Products Inc INSURER B: State Compensation Insurance Fund
10131 National Blvd. INSURER C:
Lo, Angeles, CA 90034 INSURER D:
INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOlWlTHSTANDING
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 SUBJECTTO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
LTR TYPE OF INSURANCE POLICY NUMBER DATE (MMIDDlYYI DATE (MM/DDlYYI LIMITS
GENERAL LIABILITY AR782101 07/01/2001 07/01/2002 EACH OCCURRENCE $ 1,000,000
X COMMERCIAL GENERAl LIABILITY FIRE DAMAGE (Any one fire) $ 1,000,000
I CLAIMS MADE 0 OCCUR MED EXP (Ai,y one perso~} , 15,000
A PERSONAL & ADV INJURY . 1,000,000
GENERAl AGGREGATE $ 2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOP AGG , 2,000,000
Xli .nPRO. n,
X POLICY JECT LOC
AUTOMOBILE LIABILITY FAAB59159 07/01/2001 07/01/2002 COMBINED SINGLE LIMIT
f- (Eaaccident) $
f- ANY AUTO 1,000,000
ALL OWNED AUTOS BODILY INJURY
f- (PerpersOl1) $
~ SCHEDULED AUTOS
A
~ HIRED AUTOS BODILY INJURY
(Per accident) $
~ NON-OVvNED AUTOS
f-- PROPERTY DAMAGE $
(Per accident)
==fGE LIABILITY AUTO ONLY. EA ACCIDENT $
ANY AUTO OTHER THAN EAACC $
AUTO ONLY: AGG $
EXCESS LIABILITY EACH OCCURRENCE $
:=J OCCUR D CLAIMS MADE AGGREGATE $
$
~ ~EDUCTIBLE $
RETENTION $ $
WORKERS COMPENSATION AND ~506102 04/01/2002 04/01/2003 X ITOR-i'[i'MITSI I\R-
EMPLOYERS' LIABILITY APPR l~ ~~o E.l. EACH ACCIDENT $
1,000,000
B E.L. DISEASE. EA EMPLOYEE
~J ~ 2-- $ 1,000,000
E,L. DISEASE - POLICY LIMIT $ 1,000,000
OTHER CRIST E LEE SHAW
Depyty CI y Attor",~Y
DESCRIPTION OF OPERATlONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
PECIAL CONDITIONS AS RESPECTS GENERAL LIABILITY: it i. agreed the certificate holder is included as
dditional insured. If required, said insurance shall be primary.
10 days notice of cancellation a. respects non-payment of premium
CERTIFICATE HOLDER I I ADDITIONAL INSURED; INSURER LETTER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, nlE ISSUING COMPANYWlLLKWa'1lQrft(lXJ MAIL
....l..n...- DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
City of Santa Ana M'l(WII-~~~~lllI_l<Il<IMIl.'IIlJI~~M___nX
20 Civic Center Plaza R~~M~~lJll~!l.'lWll_JM1lIJI"'XXXXXXX
Santa Ana, CA 92702 AUTHORIZED REPRESENTA TNE ~&:--
Debbie Delia/DD
AlIUt(U;t;O.;J\ '98'