Loading...
HomeMy WebLinkAboutTRANSOLUTIONS 1 -2002 ,ii-" ", N-2002-166 CONSULTANT AGREEMENT ~', pwA .tb .1 l. r\ N THIS AGREEMENT, made and entered into this 1 day of fJ() VfMPPR., 2002 by and between TRANSolutions, a sole proprietorship (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"). 03 l..LICl -' l..LI w::l.&.J-I 0_ Z ~ ~ RECITALS Oc... oJ ' ::;:) ...........0 ~i 0 0..Q... ZL.L..~ ....>-0- u - z~~Lij ~:;:o::..... a:::~~~ ::;:)o::oQ Cl)o ~3: A The City desires to retain a consultant having special skill and knowledge in the field of transportation planning to prepare a Transportation Demand Management Plan. 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 $9,900.00 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 June 30, 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 Public Works 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 $1 ,000,000 per occurrence. Consultant shall supply City with a fully executed additional insured endorsement in substantially the form attached hereto as Exhibit B upon execution of this Agreement and shall be approved in form by the City Attorney. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non-owned automobiles. c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. 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, CA 92702-1988 telefacsimile (714) 647-6956 With courtesy copies to: Executive Director of Public Works City of Santa Ana 20 Civic Center Plaza (M-93) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 647-5823 and, 4 , 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: TRANSolutions 310 Robinhood Lane Costa Mesa, California 92627 Telefacsimile (949) 642-6802 Attn: Catherine Higley 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. II. 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 5 shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 12. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 13. DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the 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 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 shall be determined and governed by the laws ofthe 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. 6 . , Ms. Joyce Amerson October 8, 2002 Page 5 Update). She enjoys established working relationships with City of Santa Ana staff in both the Planning Department and Public Works. SCOPE OF WORK It is our understanding that the City of Santa Ana desires a Transportation Demand Management (TDM) Plan that would provide developers and businesses an understanding of the City's requirements, goals and targets and the types of activities that the City suggests be undertaken to satisfy those requirements and meet identified targets. The following describes our proposed Scope of Work for development of a TDM Plan for the City of Santa Ana: Task1: Project Initiation Upon receipt of written notice to proceed, TRANSolutions staffwill meet with the City of Santa Ana. The purpose of the meeting will be to review, and if necessary, refine, the ,/} Scope of Work and to address any issues or concerns related to the study. We will also Aft' request background material from the City to gain a better understanding of the types C" , programs, plans and activities the City has found to be successful and workable and, vf~~/ "'~~ those that have not. 9 ~((l1'1V O(!..". f{" _ J. I/.,I d (I (yv^ Task 2: Literature Search and Research CJVV" .p' We will conduct a literature search of current successful TDM pro ams and activities in communities similar to the City of Santa Ana, and nationwide. B ed on the information obtained from the City in Task l..,amf through the literature search we will develop a conceptual plan. This initial draft will provide the City with opti6ns for program format and content. It will also provide a menu of activities that have had a successful record of compliance and of producing reasonable, cost-effective results. We will submit the conceptual plan to the City for review and then schedule a follow-up meeting to discuss. Task 3: TDM Plan Based on the feedback from the City on the conceptual plan, we will develop the draft TDM Plan. The draft plan will be submitted to the City for review and comment. Upon receipt of comments from City staff, we will finalize the plan. We will provide electronic original and 25 copies of the final plan to the City. SCHEDULE AND COST We are prepared to begin work immediately upon receipt of notice to proceed. Working with City staff to coordinate document review and meetings, we will deliver the final plan 6 weeks from the Project Initiation Meeting. ~ TRANS ('. . . -;"'.y '~i\ ~ >T 11 .il Ms. Joyce Amerson October 8, 2002 Page 6 We understand that the tasks outlined in the Scope of Work constitute Work Item #1 of the Consuhant Agreement, and will perform these tasks on a time-and-materials basis as estimated in the following table: TASK C. Higley Clerical TOTAL Labor Hours Cost Hours Cost Hours Cost 1. Project Initiation 2 $240 1 $40 3 $280 2. Lileralure Search 12 $1,440 1 $40 13 $1,480 3. TOM Plan 12 $1 ,440 2 $80 14 $1,520 26 $3.120 4 $160 30 $3,280 Other Direct Costs Reproductions $150 Miscellaneous $100 $250 Total Cost $3,530 Thank you again for the opportunity to provide transportation planning services to the City of Santa Ana. We look forward to working with you and your staff. Sincerely, TRANSolutions ~€L Catherine Higley Principal TRANSOLUTIONS S4864Z68~ 11/~6/~Z 02:48pm P. ~01 Policy Number 92-WK-8292-5 DECLARATIONS PAGE ~ STATE FARM GENERAL INSURANCE COMPANY 31303 AGOURA RD, WESlLAKE VILLAGE,CA 91363-0001 A STOCK COMPANY WITH HOME OFFICES IN BLOOMINGTON, ILLINOIS " Named Insured and Mailing Address 8468-F415 D HIGLEY, CATHERINE DBA TRANSOLUTIONS 310 ROBIN HOOD LN COSTA MESA CA 92627-2134 Cov A -Inflation Coverage Index: N/A BUSINESS POLICY - SPECIAL FORM 3 Cov B - Consumer Pricelndex: 181.0 AUTOMATIC RENEWAL - If the POLICY PERIOD is shown as 12 MONTHS, this policy will be renewed automatically subject to the premiums, rules and forms in effect for each succeeding. pOliCY period. If this policy is terminated, we will give you and the MortgageelLienholder written notice in compliance WIlli the p61icy provisions or as required by law. Policy Period: 12 Months The policy period begins and ends at 12:01 am standard time at the Effective Date: OCT 24 2002 premises location. Expiration Date: OCT 24 2003 Named Insured: Individual Coverages & Property Section I A Buildings B Business Personal Property C Loss of Income - 12 Months Certificate Holder as Additional Insured: City of Santa Ana M-93 20 Civic Center Plaza Santa Ana, CA 92702 Limits oflnsurance Occupancy: Offlce Location of Covered Premises: 310 ROBIN HOOD LN COSTAMESACA 92627-2134 Excluded $ 10,000 $ Actual Loss Seetio n II L Business Liability M Medical payments products-Completed Operations (PCO) Aggregate General Aggregate (Other Than PCO) Deductibles . Section I 1 1,000,000 5,000 Excluded 2,000,000 $ SOO Basic $ In case of loss under this policy, the deductible will be applied to each occurrence and will be deducted from the amount of the loss. Other deductibles may apply - refer to policy. POLICY PREMIUM $ 273.00 Forms, Options, and Endorsements Special Form 3 Policy Endorsement TestinglConsutting E&O Excl Amendatory Endorsement Debris Removal Endorsement Business Policy Endorsement AdVertising Injury ExcI FP-6143 FE-6506.1 FE-6510 FE-6205 FE-6451 FE-6464 FE-6345 Prepared OCT 29 2002 FP-8030.2C 06/1993 Your polley consists of this page, any endorsemenls and the polley form. PLEASE KEEP THESE TOGETHER. Continued on Reverse Side of Page OTHER LIMITS AND EXCLUSIONS MAY APPL V. REFER TO YOUR POLICY ~;unters,gn7~ -J-- ~ 2-~ WAYNE IRELAND (949) 852-8573 Agent CKKU (o1f2172b) TRANSOLUTJONS 848642881212 11106/02 ~3:01pm P. 002 Nov-05-02 11:57A Wayne Ireland 714 B52 B573 .6'~'~~ ~~l~~~ ~. ~~ P.Ol . .. EXIUBIT B APPm..mlAL.rn~URED ENDORSEMENT ml\. COMME!!..C1AL C~...ERAl. UABILlTY POLICY Insurance COllIpany This endorsement modifies such lIIS1lrancc as is afforded by the provi.lOIIS of Pobey 92WK_S'97_5_tdaIiug 10 the foll""ing: 1. Th: City of Santa Ana. 20 Civic Center Plaza. Sanra Am, C.alifomia 92701; its officers. employees, ag!lrlI$, vul.lllf:as and reprcsc:ntaIM:s an: named as addilIoaaI illSured. ('"additional iMUreds'') willlleganl to liabil;ty and deCcnse of milS arising from the """",tiom and uses by or OIl bdIaIf of lbe named insured. 1 W"nh respoct 10 claims arising O\Iloflhe llpCI'alIOOS IIllIIdeS peIfionned by or 01\ bebalf of the named iftsured, <ndt msur.mce as i. alfonlcd by this policy is primaly and I' lI<II additional'" or contributing willi any olbe, in.w,,,,,,,,, carrier by or for the benefit of lhe additiona1.nsureds -' This insurance appl~s separately to cacb i!lSllTed against whom .Jaim I. made or ...it is brou&hl """"pi with respect to the corrql3IIy's limits ofliability. The inclusim> afan} """"'. or OIpizuioo as an insuml sball not affilct any rig/ll whH:b _b penon or Oll!anilallOll would bave as a claunant if nol so i...luded 4. With...~ 10 rhc: addltional insureds, this insurance shall DOt be c"'1<,eJled, or llIlIltrially reduced in coverage or limits cxcc:plaflettltirty (30) dayt wriUtn ooIi",,1w been ,.....In the CiIy of Santa ADa. 20 Civic Ceuw Plaza. Santa ADa, CalifOl'flia 9270]. (CompletiOll of the following, including OOlIllImignatu'C, is rcquuro to lIIake Ibis endorsement eft'eaive ) EfYedive ...!J!j2l/ 2002 Policy ~ 92-WkB.292-5. 1ssaod1O~lL-. _.____..~ lhis cndoncment from as .. pori of Named r....m1 .._----~~ C~''-. ." .7_ !!"..~ ~-- - AlIlborized . WAYNE IRELA~!D, MiEra STATE FARM/NSIJRAlJG: 4500 CAMPlIS [l~. SUITE ::'UJ NEWPORT BEACH. Cp., 826GO (949) 852.8573 FAX (949) 852-10i9 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 iffully 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: CITY OF SANTA ANA ~ .. ~ PATRICIAE. HEALY Clerk of the Council DAVIDN. REA City Manager APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney By: Laura Sheedy Assistant City Attorne RECOMMENDED FOR APPROVAL: CONSULTANT a~~$~ President ES G. ROSS ecutive Director of the ublic Works Agency Tax ID# 5t")S('l.f;-97hfJ Employer ID # or Individual SS # K:\ WPDOCS\D009\POO I \00005888.DOC 7 TRANSOLUTIONS 8486426802 11/~6/02 02;48pm P. 001 Policy Number 92-WK-8292-5 DECLARATIONS PAGE ~ l=:J r STATE FARM GENERAL INSURANCE COMPANY 31303 AGOURA RD, WESTLAKE VILLAGE,CA 91363-0001 A STOCK COMPANY WITH HOME OFFICES IN BLOOMINGTON, ILLINOIS . Named Insured and Mailing Address 8468-F415 0 HIGLEY, CATHERINE DBA TRANSOLUTIONS 310 ROBIN HOOD LN COSTA MESA CA 92627-2134 I~tt N-WO'- ~ Cov A . Inflation Coverage Index: N/A BUSINESS POLICY. SPECIAL FORM 3 Cov B . Consumer Pricelndex: 181.0 AUTOMATIC RENEWAL - If the POLICY PERIOD is shown as 12 MONTHS, this policy will be renewed automatically subject to the premiums, rules and forms in effect for each succeeding. pOlicy period. If this policy is terminated, we win give you and tile MortgageeILienholder written notice in compliance Wl1I1 the pOlicy provisions or as required by law. Policy Period: t2 Months The policy penod begins and ends at t2:01 am standard time at the Effective Date: OCT 24 2002 premises location. Expiration Date: OCT 24 2003 Named Insured: IndIVidual Location of Covered Premises: 310 ROBIN HOOD LN COSTAMESACA 92627-2134 Certificate Holder as Additional Insured: City of Santa Ana M-93 20 Civic Center Plaza Santa Ana, CA 92702 Coverages & Property Section I A Buildings B Business Personal Property C Loss of Income - 12 Months Limits of Insurance ccupancy: lce Excluded $ 10 000 $ Actual (oss Section II L Business Liabilily M Medical Payments Products-Completed Operations (PCO) Aggregate General Aggregate (Other Than PCO) Deductibles . Section I 1 1,000,000 5,000 Excluded 2,000,000 $ 500 Basic $ In case of loss under this policy, the deductible will be applied to each occurrence and WIll be deducted from the amount of the loss. Other deductibles may apply - refer to olicy. POLICY PREMIUM $ 273.00 Forms] Options, and Endorsements specia Form 3 Policy Endorsement TestinglConsutting E&O Excl Amendatory Endorsement Debris Removal Endorsement Business Policy Endorsement Advertising Injury Excl FP-6143 FE-6506.1 FE-65tO FE-6205 FE-6451 FE-6464 FE -6345 Continued on Reverse Side of Page OTHER LIMITS AND EXCLUSIONS MAY APPLY. REFER TO YOUR POLICY Prepared J . \ ",.., OCT 29 2002 Countersigned -?-. v c-- FP-8030.2C CKKU By (:..== - '- ~ 0611993 WAYNE IRELAND Your polley consists of this page, any endorsemenla (949) 85~-B573 and the polley form. PLEASE KEEP THESE TOGETHER. Agent (o112172b) TRANSOLUTIONS 848842881212 11/08/~Z 11:48am P. 003 Policy Number 92-WK-8292-5 CONTINUED FROM FRONT SIDE ~ . '. BUSINESS POLICY - SPECIAL FORM 3 FormS,ODttons,and Endorsements ProductsiOperations Liab Excl Personallnlury Exclusion Glass Deductible - Section I Additional Insured FE-6312 FE-6346 FE~538.1 FE-6320 IMPORTANT NOTICE: California law requires us to provide you with Information for filing complaints with the State Insurance Department regarding the coverage and service provided under thls policy. Comlllalnts should be filed only after you and State Farm or your agent or other company representative have failed to reach a satisfactory agreement on a problem. Please forward such complaints to: California Department of Insurance Consumer Services Division 300 South Spring Street Los Angeles, CA 90013 Or cali toll free: 1-SDO-927-HELP Prepared OCT 29 2002 (0112176<) (01121750) r----- TRANSOLUTIONS 848B42681Z1Z 11/08/02 03:01pm P. 002 Nov-05-02 11:57A Wayne Ire'and 714 852 8573 ..'~.~, ~~l~~rr ~,~~ P.Ol . EXlUBIT B . M1PfIJ!lliAL-WSURED ENDORSEMENT ~C1AL CENF.RAl. UABII fO' POLICY IIlsurancc COIIIpatly Th,. cndorsemCDI mo,lIlies such J/IS1lrance as i. afforded by the provi51011S of Policy 92WK-ID92-5 relaliDl!IO d.e foll.".l.g: ] . "., City of SaDta Ana. 20 C",ic COllIer PW:t. SaaIa ArIa. C.alifomia 9210 \ ; its officeB. employees, agonts. volunteefs and "'I'rescmalivcs an: named as addiIIoaal i..urcds ,addilionalm.ureds''} with reganllo Imbdily and defense of milS arising ftom the Of'C"ltions and uses by or 011 bcbalf of the named insured 2 With respocIlb claims arising IlUI of the opcrallOOS and uses petfunncd by or OIl bellalf of the .amecI imurtd, mch msurance as is afforded by this policy is primaly aN! IS Illll additional.... or CODlribuling with any aibel' '....ranee caniet by Of for the benefit of Ihe additional msureds -' This iGlfllJlce applies !C)l8rately to each illSllfed against whom claim IS made or suit is brous/rt ..ape with respect 10 the company's limits ofbability The iloclusion of any """"'0 01 DllP'i:zation 0$ an insun:d shall no! at'fect any rigln ,vhicl> sucb penon or "'llalllla\1On would have as a claunlInt if uol '" included 4 With ra~ 10 the oddltioaal insureds, this insurance shall DOt be call1:e11ed, or lIJ8lcrially reduced in coverage Of limits e>:cepl after thirly (30) dayt wrillM IIOIice bas been gll'Oll to lhe City of SamaAna. 20 Civic Center PW:t. Santo Ana, Califomia 92701 (Completion of lhe foUowiDl!. it1cluding crollltl'5ignaru... is required to malte liIi. endorsement effective ) Effective __ill 23/2002_________-' thisendonclllCltt from"" aport of Policy ~ 92-'l/Kdl.292-5 .._ Issued '" -1R1\.,'j So 1 u ti onlL- Named I....red _._----~~ COlJlltdW ~- .~ .. Z- g., A.; ~--- . - Autborized R . AP~ AS TO F'~.,- ~f~L~AW Deputy Cltv Marney WAYNE IRELA~!O, AGBJT STATE FARMINSIJRA,JG: 4500 CAMPUS OF:. SUITE ::'vJ NEWPORT BEACH. CA. 92660 (949) 8c.>2-8573 FAX (949) 852-10i9