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HomeMy WebLinkAboutCORDAX INC. 3 - 2002 " e.'r ?WA fiN INSURANCE ON FILE WORK MAY PROCEED ,tJJl1U.~SURAN~~~ CLERK'OF C~CIL STANDARD CONSULTANT AGREEMENT DATE: \'"2/[3-0""2 THIS AGREEMENT, made and entered into this /2 tb day of p~e~ 2002 by and between Cordax, 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"), N-2002-177 0) RECITALS A The City desires to retain a consultant having special skill and knowledge in the field of CAD Macro programming and data population, 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. 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 terminate on November 15,2003, 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 the Public Works Agency and the City Attorney, 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 ofthis 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$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 $1,000,000 per claim. 2 e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. f. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 6. INDEMNIFICATION Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (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 harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason 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. CONFIDENTIALITY 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 3 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 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 Center Plaza (M-30) P.O. Box 1988 Santa Ana, California 92702-1988 telefacsimile (714) 647-6956 With courtesy copies to: Executive Director Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, California 92702-1988 telefacsimile (714) 647-5622 4 and, Ray Burk City of Santa Ana Public Works Agency 220 S. Daisy Avenue Santa Ana, CA 92703 Bldg A., M-85 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: Jeff Rachel Cordax 6430 Oak Canyon Road Suite 250 Irvine, CA 926 I 8 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 5 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 ofrace, 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 6 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 ofthis 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 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. 17. WORK PRODUCT All work product prepared by Consultant pursuant to this Agreement shall be the property of the City and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. Consultant shall submit all work product to City in hard copy and produced in a form compatible with City's computer system, as agreed between the City and Consultant. / / / / / / / / / / / / / / 7 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ~. iJ~ J.A11 - f ATRICIA E. HEALY Clerk of the Council CITY OF SANTA ANA: AVIDN. REA City Manager APPROVED AS TO FORM: JOSEPH W. FLETCHER City A By Cristine aw Assistant City Attorney J es G. Ross xecutive Director L.- Public Works Agency City of Santa Ana CONSULTANT fIiJ::e~ Je el ' Managing Principal .33 - Of1357~ Employer ID # or Individual SS # 8 . . \corDax Bringing Technology to Work for You WORK ORDER 1200 Westlake Ave. North Suile901 Seattle, Washington 98109 Phone: (206) 286-1344 Fax: 206 286-1663 CLIENT INFORMATION: The City of Santa Ana 220 S. Daisy Ave. M85 Santa Ana, CA 92702 Attn: Dave Patton Agreement Number: 0101 Task Order: 02 Issued Date: November 13. 2002 Due Date: Net one month DESCRIPTION OF WORK: Sanitary Sewer Mapping Professional Services During a one-week site visit Ie the client's location, perform the following services: _ Link elements on client's sanitary sewer maps to client's database using macros developed by the client in order Ie extrapolate the time it would take someone with skills similar to the CorDax employee's to complete the remainder of the worle _ Make recemmendations to client Ie improve client's existing macros used to acccmplish the work. - Pellorm programming services to improve client's macros as directed. COST ESTIMATE: Description Onsite Professionai Services Senior Systems Analyst Estimated Travel Expenses Units '. Rate Cost 60 hrs.@ $120.00 $1,600.00 This is a cest estimate for the client. An invoice will be submitted at cempletion of work per the existing Application Development Support Contract in place between The City of Santa Ana and CorDax. Should the client feel this estimate is incerrect. the client should centact CorDax immediately. SUBMITTED BV: 9H7:~ CorDa DATE: /l1r"llol-.. f f ." AUTHORIZED BV: DATE: The City of Santa Ana WO 01 01-Q2.doc 11/13102 !XH181T A Sent By: COAOAXj 949 753 1299; Oeo.9-02 12:11PM; Page 2/3 ACORD. CERTIF C OF LIABILITY INSU'-- ~'CI ~"&lr :ZIJlUM1lCE r: 31"-. AXII.llIIlX ,,~ , C\l" IIlIIIA cr. lIuat ! ~.,71"444-2679 - OILY ANIlIIG....1IO lIl":ro- THE......."'.......,"&: lICIl.IlIR. TlIII Cl!M1I'1CATf: ID'r AlIIIID,IIlTIIlD 011 ALTn Tll(CG\IIIWII! _1IlID IlYlMIl'OUOIU 1IUlW, lMIUltetIlI IlfFGGING ClM!1U.1I1! - , ~~~~~1:.+g !~~U~ I P~,. COVIIlAIIU 1w.PU.caOJ ..~L....._aw ......_I!IIr. TI...OIICOt1Dmil11CIF ....P8lT....1Itl!__DIY PQJOIII. "~11i.1IITS.......,. _., s_caa _II I . ..._e, 1..~D1 -- xO.. Ceo "._D___________ ___r:TfO__CIIlI'lPICmI..V.........DR ...... IUlKTTOALL _ ~"'II~_ ~.~ OPIUCtI .... ....... V 1'."'"""-''';' "-' '-~" '.d _~). .1. u..a.:.J~u-l~_' '-'--'-'- 110~31l l . \ ~ 1 \f f , , . , . 02/011/02 021011103 ..... MCMC)CQ -. 11 000 000 __IAIW__ I 0 00 -- .. I .!l DO -.-- I -"" 12 - .1 000 000 me.....m ~ ,_LIlI1LJTY ;-DCCl,IR Oc..oooll- I i t , _111......_ . (Iio_ ...:.=- . l!f:"-.:.=rr . FORM ~~ . Ol/IlIOILY-M_ I ....---- ~~ "'ACe . 14' . eN:HOCClJl'l'aa s - . . . 07/01/02 07/01/0J [ ~ ! II 1[ , I ""-':UMILtr"f -....., , , . _....J.I'1~.. B I-UMUJY , 02/011/02 02/011/03 '-o_ m '1,000,000 11 000 000 *IlZOlp't. 10 daya MUoe d ina1.... 11_4-.' . ~ ..-d OlD IlllWiUlIDOI1 LOI i.nn!;" , INmlIIA CI--"""" "'!ION .......N<<.._......_....B1..'G:IJI'aU..~- ....,.,. .....'NIaDf','ftII_.....u._.._ _ ._..uL ..AG:L.....mN tIIIn1.,.....-....-NIIIJ8...-T01ftEIoIF'I'.Nf ...dlnITll . .~... ,.A.L....___ ~~.4.._ ..RI..fIlIM CDTlPICA'I1I1ftILDIIl y - .." , lil'd 1 'd t i St>EEl.t>9t>11. S>i.JOl'l o~lqnd dEt>:al ao El oaa Sent By: COADAX; 949 753 j 299; Dee-9-02 12:11PM; Page 313 ~.UL .J; ....UfIlUAA; , j' 94~ 753 1Z99; NOV-1!1.D~ lc:UI'II; I i ~ag. III -' '!-' '-' ; i I ; ! UtUBIT I ! . . ~ ~. EY.nston Il'IIUnnc:e Co. ~l I I .. This GDdoT#tIIIDI .J.i~ 11I4 .1II1ImDCC pis donIed by \he provllionl of Polley " 1!D-810m -L- I . to !he folloWiq: I. 11M C 20 Civic: CIOtel'bL'Ia, SanII A.na, CaJifumia 92701; i15 o~ mploy*. . t.s md ..~VCS.. DIIIlt4 u adllili01lIl iDlurt4s (kMdltlOllII iDIuIcdI . to tiUillty ad do"'" of sul1S1riJiq from Ihe opmdOM andlllCs pwIll,...ecl . fotthulIIlIJCl iNuled, 4, With --..aI, *110I4 ill Blvn lO lh. Clat 01. '* CIlifDlAil \12701, + ! (Caa.pIClion of lhD 'J,.. i eftCeI1vc.) ! U1ftclive Z 9 O~ 1 Polico,1I luued to Cor to ~I .'1'4J win; nal afdUI opdlioot .. IUtt pG....ad by or 011 . . i-.oe III il .Il'o~ DY tlU.s puliey ill prilil.ry led is nOt my oIher IIlslIIuIaI cmltd by or Cor 1Il. benefit of the 2, With 1IoMU' uC 1M JlIDM4 i . edditiolll1 to or c alIdltionll inslllCdS. i . .u.t scpullllll)' 10 ctdI. illSlII'Id apIn.st wham ~ i. mIdo or . to Ihe coJDPlllY'S "milS ofli.b\l~, 'IlK iDcIlllluu uf Moy . sballDM Ift'el:uny riB" whic1I sucll penon or llfB,ftl_nl\ ID;1\Idcd. . ddiliDlllillmredl. 1hI. ilU1llll\Ce shin not \). ClDIOCI11CI. or :JIIIIiIs a-.- 1e.1hirI;y (30) ~.....macn AO'ieeIW ban CilY oC SuIa Alii, 10 Civic CIIl. Plaza. Santa A.na, '1\' colll\t8Nipl1Ura, Is JequUM to m;alr.e this eAdOlle",...t dill ~ tbnn Illpll1 DC NUIICllnallml c::e'd Z'd ~ I l. i ! I c. ipcd byQtJ\Jt\..aD. /J, ~r;[ D^Wtetrl7JlJ4ltepmcnlatiVC ~AS TO roBM . ~ ~~?:; Deputy City Attorney i:i::Blil ~-6Il--:)M Sl>EEl.l>Sirtl. 5'1.J01'I ::q Tqnd dEl>:ZT ~o E1 oan t ---- .. CERTIF.ICA:TE OF LIABILITY INSURANC~~~'~ N~ "" ACORD. DATE (MMIDDIYYI 11/26/02 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE CLARKE GARVEY INSURANCE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 3188-B AIRWAY AVENUE ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COSTA MESA CA 92626 Phone: 714-444-2679 INSURERS AFFORDING COVERAGE INSURED INSURER A: Evanston Insurance Comnanv Cordax, lnc. INSURER B: Everest National Ins. Co. Pacific Cascade Technologies, INSURER c: Inc. and Cadpro 6430 Oak Can1'on Drive, Ste 250 INSURER D: Irvine CA 92 18 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLlCY 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 PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUS!ONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. iN"R'- 'LrR: TYPE OF INSURANCE POLICY NUMBER I GENERAL LIABILITY A Xl COMMERCIAL GENERAL LIABILITY EOS10 638 l _~_c.- CLAIMS MADE n_X- OCCUR I ;====-~~==-I ~N'L AGGR~G~.:E LIMIT A~~-,=-I.;S PER: I x-l POliCY i ,jr2-i I I LOC I b~HfrM'Mib'5'7Vvrl: DATE MJ6~~?NI I EACH OCCURRENCE 02/09/02 02/09/03 FIRE DAMAGE (Anyone fire) MED EXP (Anyone person) PERSONAL & ADV INJURY GENERAL AGGREGATE PRODUCTS - COMPIOP AGG AUTOMOBILE LIABILITY _-~_-] ANY AUTO ~ ALL OWNED AUTOS _.__~ SCHEDULED AUTOS HIRED AUTOS NON-OWNED AUTOS i j___H I I COMBINED SINGLE LIMIT (Ea accidenll BODILY INJURY (Per person) BQDIL Y INJURY (per accident) PROPERTY DAMAGE (Per accident) GARAGE LIABILITY ANY AUTO AUTO ONLY. EA ACCIDENT $ Ell. ACC $ OTHER THAN AUTO ONLY EXCESS LIABILITY OCCUR CLAIMS MADE I EACH OCCURRENCE AGGREGATE B 'I DEDUCTIBLE ----I RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY 07/01/02 07/01/03 X~~~T~I~YTS' IUEFt E.L. EACH ACCIDENT $ $1,000,000 . E.L.DISEASE-EAEMPLOYEEI $ $1,000,000 'E,L.DISEASE-POLlCYLlMIT I $ $1,000 000 OTHER 02/09/02 02/09/03 ! i Per Occur Aaareaate is LIMITS .1,000,000 '500,000 $ 5,000 'Excluded .2,000,000 '1,000,000 Is I [----- " , . AGG $ $ , , -+ , , $1,000,000 $1 000 000 SANTANA CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL 1::1............ol~ T a. MAIL ~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,,l..l;JT r..IUlIRIi T8 88 Be Gllabl CERTIFICATE HOLDER I y I ADDITIONAL INSURED; INSURER LETTER: A The City of Santa Ana, its officers, employees, agents, Volunteers and representives 20 Civic Center Plaza Santa Ana CA 92701 ".., "..~_...~,..L~. IIYI"V~I: nv Vg...,,,,,,,,, , 'V" vn ..,""..,..,, , .... ...", "".......'...... ,.,... ......~"ef\., ITO "'8LU~ 8R AUTHORlZEOREP~~ U, The Garv"< C ~mnariv . --.../ @ACORDCORPORATION 1988 /7 de' ()nrM ACORD 25-5 (7/97) Sent By: COADAX; \ . ;.. 949753 1299; NOV.19.D2 12:13PM; Page 7/7 . , EXHIBIT B ADDlTlONAL iNSURED ENDORSEMEN:r FOR COMMERCIAL GENERAL LIABILITY PllLlCY Insurance Company _.~vanston I nsurance Co. This endorsement modifies such insurance as is afforded by the provisions of Policy # 50-81 0638 relating to the following: 1. The City of Santa Ana, 20 Civic Center Pla:l.3, Santa Ana, California 92701; its officers, employees, agents, volunteers and representatives arc named as additional insureds ("additional insureds") with regllrd to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. ? With respect to claims arising out of the operations and uses perfomed by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4. With respect to the additional insureds, this insurance shall not be cancelled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the Clerk of the COWlcil, 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.) Eftecti ve Policy II Issued to 2/9/02 EO-810638 Cordax. Inc. _, this endnrsement fonn as a part of Named Insured C~"";""d 'ayf)~ (J. ~ ^l1thori~ed Representative 9