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Home My WebLink AboutBOND LOGISTIX, LLC - 2006~~ AGREEMENT TERMINATION Please complete this form when the attached agreement is no longer in effect~m~ !~'~~ 1 z~~~:~~. Return form to the Sr. Deputy Clerk of the Council (M-30). Call 647-5238 ~~ou have-any ~ ~ ~~~ questions. ~ ' .. ', r'~r v~=4:: i. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - The agreement with ~ No. /~-aDD(o-05~S was completed on ~~ ~ ~3d ~ C~Q'z~ ,and final payment has been made. ~~%~~ ~"'c>~1.~-_~~ d~Department: .~"r~-~{ac~c"ts~ ~~ >~/ ~ ~.~~ l ov Signature: GUt~t'~ ..L~ ?k> C~~-~'~" City of Santa Ana Revised x-7-0:~ ~ ~~ ~ ,~~ Clerk of the Council iNSURAN~~ Ui`: Fill. woRK rJ~AV Nkoc~~Fo UN7iL INSURFIJf,E LXPIRt°: /-(-07 CLERK OF GOUNGIiT~~ _ GATE 5_ ~ _p (p I o~. oFwm~, s C~~ ~"'- u CONSULTANT AGREEMENT N-2006-045 THIS AGREEMENT, made and entered into this I51 day of May, 2006 by and between Bond Logistix, LLC., a limited liability 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"). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of financial analysis. 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, and Consultant's letter dated May 5, 2005, attached hereto and incorporated by reference. 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 $8,000.00, annually, 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, 2006, unless terminated earlier in accordance with Section 12, below. In order to provide continuous uninterrupted service to City by Consultant, this Agreement shall cover all services rendered from July 1, 2005 to the termination of this Agreement. The term of this Agreement may be extended upon a writing executed by the Executive Director of Finance and Management Services 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 anemployer-employee relationship, ajoint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Due to the nature of services provided, general liability insurance is not required. b. 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. c. Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim. d. 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. 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 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 affect 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 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 1 of 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 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 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 Finance and Management Services City of Santa Ana 20 Civic Center Plaza (M-17) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 647-5414 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: Bond Logistix, LLC 777 South Figueroa Street, Suite 3200 Los Angeles, CA 90017 Telefacsimile (213) 612-2499 Attn: Glenn R. Casterline A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, 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, 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 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 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. 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. // // // // // // // // IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: PATRICIA E. HEALY Clerk of the Council APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney ~~,,1111 BY~!~~~'~e_ec~. Ladfa Sheedy Assistant City Attorney RECOMMENDED FOR APPROVAL: FRANCISCO GUITERREZ Executive Director of the Finance and Management Services Agency CITY OF SANTA ANA DAVID N. REA ~~~~ City Manager BOND LOGISTIX, LLC ~~~ ~ ~~~ GLENN R. CASTERLI Associate Director Tax ID # ~ /- L%`/0`JoG~ ~; EXHIBIT A SCOPE OF SERVICES A. Consultant shall provide financial analyses and calculations relating to the arbitrage rebate requirement on Santa Ana Financing Authority Revenue Refunding Bonds contained in Section 148(f) of the Internal Revenue Code. Consultant shall arrange with Orrick, Herrington & Sutcliffe LLP to provide a legal review and accompanying legal opinion for each analysis prepared by Consultant. Consultant shall provide the required analysis, calculation and opinion at a cost of $2,250.00 per bond issue. The calculations are to be performed with respect to the following: 1. $20,110,000.00 Santa Ana Financing Authority Water Revenue Refunding Bonds, Series 2004 2. $38,845,000.00 Santa Ana Financing Authority Police Administration and Holding Facility Lease Revenue Refunding Bonds, Series 2004A ~l ~~,tt~ pp y- a 777 South Figueroa Street, Suite 3200 V ~ 14 ~ ~ ~ ~ B~ ~ 1 1 ==!S Las Angeler, CA 90017 i xsiawr. inrv or:'.r~a w. iurccxatfa w. Phone 2136122200 Fax 213612 2499 www.bondlogisfix. com May 5, 2005 Mr. Francisco Gutierrez Santa Ana Financing Authority 20 Civic Center Plaza M17 P.O. Box 1988 Santa Ana, CA 92701 Re: Arbitrage Rebate Comoliance Services Deaz Mr. Gutierrez: This letter is to confirm the engagement of Bond Logistix LLC ("BLX") by the Santa Ana Financing Authority ("Obligor") for the purpose of performing calculations relating to the arbitrage and rebate requirements contained in the Internal Revenue Code (the "Code"). The calculations aze to be performed with respect to the bond issue(s) listed on Exhibit A hereto (the "Bonds") applying applicable federal tax rules. BLX will calculate the amount of rebate liability with respect to the Bonds once per year as of the end of each bond year (unless specifically directed in writing otherwise by the Obligor) and as of the final maturity or redemption of the Bonds (each such date on which a rebate calculation is performed is referred to herein as a "Rebate Calculation Date") applying regulations of the United States Department of the Treasury ("Treasury") in effect on such Rebate Calculation Date. In addition, if a "penalty in lieu of rebate" election under Code Section 148(f)(4)(C)(vii) has been made by the Obligor with respect to the Bonds, BLX will calculate, every six months, the amount of such "penalty" as of the end of each six- month period beginning on the date of issue of the Bonds (each such date on which a penalty calculation is performed is referred to herein as a "Penalty Calculation Date"). (The term "Calculation Date" as used herein shall refer to a Rebate Calculation Date or a Penalty Calculation Date, as appropriate.) In addition, if required or requested by the Obligor, BLX will include in each report delivered to the Obligor an analysis of compliance with applicable arbitrage yield restrictions. With respect to each Calculation Date, BLX will prepaze or cause to be prepared schedules reflecting the relevant calculations and the assumptions involved and will deliver a rebate or penalty liability report addressed to the Obligor as to the amount of the rebate or penalty liability as of such Calculation Date. At the Obligor's election, which election is made by the Obligor's signature of this engagement letter, each such rebate or penalty liability report will include a legal opinion provided by the law firm, Orrick, Herrington & Sutcliffe LLP ("Orrick"). BLX will engage Orrick to provide legal oversight and review as it deems necessary to render its opinion that the computations shown in the report were performed in accordance with applicable federal law and regulations. Because BLX is an Orrick subsidiary, you may choose to consult counsel other than Orrick about the terms of this engagement. The Obligor undertakes to provide or cause to be provided to BLX all such relevant data (the "Data"), as specified by BLX from time to time, and shall cooperate with all reasonable requests of BLX in connection therewith. BLX is authorized hereby to obtain Data held by a Trust Bank (the "Trustee") concerning funds and accounts established with regazd to the bond issue(s) of the Obligor listed on Exhibit A hereto. If available, BLX is authorized to obtain access to view and download said Data from any "online" or "internet based" system or application maintained by the Trustee for such purposes. If such systems or applications are not maintained by the Trustee BLX is authorized to request the Data from the Trustee in a format useful to BLX, and otherwise available to the Trustee. The Obligor also agrees to inform BLX of any actual or planned early redemption of the Bonds at its earliest opportunity. UALLAS LOS ANGF. I,.ES N7iW YpRK S.#N FRANC1SGp TA?t4PA ~~~°- __ r BONf3Lr7S1~31~ '' ~< Santa Ana Financing Authority May 5, 2005 Page 2 BLX is not being engaged hereunder, and BLX is not hereby obligated, to undertake any of the following: (1) independently determine whether securities allocable to proceeds of the bonds were purchased at fair market value within the meaning of the Treasury Regulations; (2) perform an audit or review of the investments acquired with gross proceeds or the payment of debt service on the Bonds; (3) perform calculations or other research as to the desirability of elections or selections that may be available under applicable federal tax law; (4) review the tax-exempt status of interest on the Bonds or any other aspect of the Bond program except for rebate and penalty liability to the extent set forth in this engagement letter; (5) consider any information obtained by BLX pursuant to this engagement for any purpose other than determining such rebate and penalty liability; and (6) update any report delivered hereunder because of events occurring, changes in regulations, or data or information received, subsequent to the date- of delivery of such report. Should the Obligor desire BLX to undertake any of the foregoing, such work will be the subject of a sepazate engagement and a separate fee, if any. ht addition, BLX will be entitled to rely entirely on information provided by the Obligor and the Trustee and/or their agents and assigns without independent verification. The fee with respect to the Bonds will be detem~ined pursuant to Exhibit B hereto. Engagement Fees aze due upon each engagement and Report Fees are due upon delivery of each report by BLX. This engagement is ternunable by either party by written notice to the other, such termination to be effective immediately; provided that, if BLX terminates this engagement prior to delivering any calculations, the engagement fee (if previously paid) shall be refunded. BLX shall be entitled to assign its rights and obligations under this engagement in whole or in part upon prior written notice to the Obligor; provided that no such notice is required so long as Omck retains the obligation to deliver legal opinions hereunder. No additional fees will be charged by Orrick for providing the legal services described herein. BLX will separately compensate Orrick for such services. BLX and/or Omck may have client relationships with other parties involved in same manner with the Bonds or the Obligor (for example, underwriters, trustees, rating agencies, insurers, credit providers, lenders, contractors, developers, advisors, investment advisors/providers/brokers, public entities and others) whether with respect to the Bonds or some unrelated matter(s). However, to the extent that a conflict-of-interest is created by this engagement, the Obligor hereby waives any such conflict. If this engagement letter is satisfactory, please have an authorized official execute one copy and return it to the undersigned. Very truly yours, BOND LOGISTIX LLC ~~-~' Glenn R. Casterline Associate Director Accepted: CITY OF SANTA ANA BY~ ~ A~ ~ . Print Name: Francisco Gutierrez Title: Executive Director of Finance & Management Services Agency Date: OS/10/OS E-mail Address: fgutierrez@ci-Santa-ana.ca.us `~.~° ~ pFtt 11 l 0 ~ I ..~.tla :/ EXHIBIT A Descrintion $20,110,000 I Santa Ana Financing Authority Water Revenue Refunding Bonds Series 2004 2. $38,845,000 ~ Santa Ana Financing Authority Police Administration and Holding facility Lease Revenue Refunding Bonds Series 2004A ~ Annual Report Fee is capped at $2,250. ~,~' 6i1Ni~ltJ~t?i,~~. ~,~, „„..., ~«.n,.,.~,. ~~„a..r,a. ~" EXHIBIT B ARBITRAGE REBATE COMPLIANCE SERVICES FEE SCHEDULE BASE FEE Service Fee Engagement Fee (one-time fee, per issue) Waived Repo[ Fee (per report) $2,250 OPTIONAL SERVICES Evaluating various elections and applications To be negotiated separately i ~., EXHIBIT C ARBITRAGE REBATE COMPLIANCE SERVICES -ADDITIONAL INFORMATION I. REPORT FORiVIAT SELECTION INFORMATION Please select desired format: Electronic Format Analysis provided in PDF format via E-Mail. PDF format requires the use of Adobe Acrobat Reader which is available free of charge through the intemet (please refer to Adobe's web site for further information and/or instructions on how to download this program: wwa•.2dobe.com). Please provide your E-Mail address: I prefer to have my report mailed on a CD Paper Forurat Analysis provided in paper, spiral bound format. Includes one (1) copy. Additional copies provided at $10 per copy. Additional copies requested. Number of additional copies: 1 Please E-Mai] me a copy of my report in PDF file fommat at rra additiorra! c/rarge Please provide your E-Mail address: eta@ci.santa-ana.ca us II. TRUSTEE INFORMATION Name of Tmstee: Bank of New York Tmstee Contact: Teresa Fructuoso Tmstee Phone: (213) 630-6240 Tmst Accotmt Number: reUi-ar RPVPr1ilP Funding Bond Account Numbers 427040 Bond Proceeds 427038 Cost of Issuance 427037 Rebate FD 427036 Reserve FD 427035 Sinking Acct 427034 Redemption Ac 427033 Principle Acct 427032 Interest Acct 427031 Payment FD Santa Ana Police Admin & Holding Facility Acct Numbers 426958 Rebate FD 426961 Revenue FD 426962 Cost of Issue FD 426963 Principle FD 426965 Interest Acct ACORD CERTIFICATE OF LIABILITY INSURANCE OP ID A9 DATE (MNVDp/YYYy) ORRIC-1 O1 OS O6 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Jenkins Atheas Ins Concord ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE License No. 0545476 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P. O. Sox 5668 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Concord CA 94524-2029 Phone: 925-798-3334 Fax:925-609-5381 INSURERS AFFORDING COVERAGE NAIC# INSURED f ~- _ ~./_~ INSURER A: Vi ilant Insuraace Com an ti -ar~o ~ - lNJ INSURER B: Federal Insurance Co an Orrick Herringtppn & Sutcliffe INSURERc LLP and BondLOgistix LLC 2121 Main St INSURER D: Wheeling WV 26003 THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANV REQUIREMENT, TERM OR CONDITION OF ANV CONTRACT OR OTHER DOCUMENT W ITH 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, E%CLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAV HAVE BEEN REDUCED BV PAID CLAIMS LTR NSR TYPE OFINSURANCE POLICY NUMBER DATE MMIDDfIY DATE MMIDD/yl'N LIMITS GENERAL LIABILITY EACH OCCURRENCE S 1, OOO, OOO A X X COMMERCIAL GENERAL LIABILITY 35$21,151 01/01/06 01/01/07 PREMISES E fi 000 000 a oaurence) , , CLAIMS MADE uOCCUR MED EXP (Arty one perepn) f10, 000 PERSONALS ADV INJURY S2 OOO OO , , O X Empl he IIefitB GENERAL AGGREGATE f 2 000 000 _ ' , , GEN L AGGREGATE LIMIT APPLIES PER: PRO- PRODUCTS-COMP/OP AGG sincluded POLICY JECT LOC AU TOMOBILE LIgBILRY B ANY AUTO 74996569 01/01/06 01/01/07 COMBINED SINGLE LIMIT (Ea eccitlent) -- f 1000000 ALL OW NEDAUTOS SCHEDULEDAUTOS BODILY INJURY (Per person) S X HIRED AUTOS X NON-OWNED AUTOS BODILY INJURY (Pw actidenry S PROPERTY DAMAGE f (Per accltlent) GARAGE LIABILRY AUTO ONLY-EA ACCIDENT S ANV AUTO OTHER THAN ~ ACC S AUTO ONLY: qGG S ERCFSSIDMBRELLA LIABILITY EACH OCCURRENCE f OCCUR ~ CLAIMS MADE AGGREGATE S S DEDUCTIBLE _ 5:: S RETENTION f E WORKERS COMPENSATION AND - EMPLOYERS'LUIBILRY __TORY LIMITS. _ _ER_ . ANY PROPRIETOR/PARTNER/EXEGVTIVE E L EACH ACCIDENT ____ ___ S OFFICER/MEMBER E%CLUDED? . . If yes tlesuibe antler E.L. DISEASE-EA EMPLOYEE S SPECIAL PROVISIONS below OTHER E.L. DISEASE-POLICY LIMIT f DESC RIPTION OF OPERATIDNR n mennus r vew-, ee , ~..-..,~,....e .....-- -.. _.._-___. ._.._ _ _ _ _.. -.. 10 day notice of cancellation will apply if cancelled for non-payment of premium. City, its officers, agents, volunteers, and employees are named as Additional Inaured(s) per attached andt. SANTA-7 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE E%PIRATIOi City Of Santa Anaj PranCiaCO GATE THEREOF, THEISSUING INSURER WILL ENDEAVOR TO MAIL 3O DAYS WRITTEN Gutierrez Fin do Mgmt Svca Agcy NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO W50 SHALL 20 Civic Center Plaza M17 P O BOX 19B8 IMPOSE NOOBLIGATION OR LUV3ILRY OF ANY RIND UPON THE INSURER, RS AGENTS DR Santa Ana CA 92701 REPRESENTATIVE3_ General Liability Supplementary b. reluaseattachments; Payments but only I'or bond amounts within the avnilnble Limit Oftnsurance. W e do not hove t6 (ron(inuedJ furnish these bonds. C. rexsonnhlecxpensesincurred by the insured at our request to assist us iu the investigation or defense oFsuch clnim or stilt, including acuial loss of earnings up to 81(10(? n clay because of time off Fram work. U, costs nixed against the insured in the ,cult, except any: L attorney Ices or litiynlion cxpcuses; or ?. 0[11C1' lass, Cotit DI' CXpCI15C; in connection with any injunction or other equitable relict: F, prejudgmeNinturestawm'detlugninsl[heinsuredonlhntpnrtoFajudgmenlwe.pay.lfwe make an offer to pay the applicablcLimit Of Insurance, we will not pay mty prejudgment interest based on that period of time nRerthe o1Fer. P. intcrestontbefall(nnountoFajudgntentthataccruesaftereutryofthejudgmenlmtd-before we have paid, offered to pay or depatiitcd in court the part of thejudgmenl that is within the tlpplicable Limit Of [nsumncc. Supplementary Payments does not include any fine or other penalty. These payntenrs will not reduce the Limits Of htsurnnce. Our obligation to mttke thesepaymcntsends when we have usedup the applicable LimitOf insurance. . -:.- ...: • ~xaq.r_ w~.:,. ~~..f:+:. '.:.. .'.~ •v~.a...•x.+ n:v`^..: ' L";~.C,:d. .u3:'e}tti..v~F_?v ':£.. 1.. _.. t: Coverage Territory This insunmceappliesnnywhere,providedthehtsured'sresponstbilitytopaydamuyas,towhich this insurance applies, is detannined in a soft on the merits brought in the United Smtes• of America (including its pnssessionsand lemtories), Canada or Puerto Rico, or in a setllemant to which we agree. ..:. .. - .. .oar=.. ..x ... .:..: .:.. ... .. :: / ..~:::;x_.; .< ~.. ...-:.s.a Who !s An insured ~ "" ' " Sole Proprietorships lfyauare:windividunl,yauandyourspouseareinsttreds,but.yvumtdyoursportsettreiusuratls only with respect to thr, conduct ofa business nFwhich you are the sole owner. If van die: • persons ur organizntionshaving proper temporary cusuxly of your property m'e insureds, but they are insuredsonly with ruspuct to the mainlen.mce or use al'such properly and only For acts uulil your legal represauaU Ve has been appointed; and your legal representalives:ur insureds, but they are insureds only wish respect to their duties as ynur legal represematives. Such legal representati ves wi II assuntc your rights:utd duties under Ibis insur:mcc, IaUilll y Insurance _ Rom aa-02-lafII(ROV. v-pt) fnntracl P9gC b n/ AZ Who is An Insured (continued) PartnershipsOrJoint II'youm'eapartnership(inc)udingnlimite(Ilinbilityptutncrship)orajnimvenuu'e,younre:m Venfufes 'insured.Yourmembets,yourpnrtnersnndtheirspousesurcinsureds;buttheyarcinsurcrlsonly with respect to the conduct o1'your business. : LimltedLiability [Fyouarealimitedliabilitycompxny,youareanlnsure(f Yourmentbersandtheirspousesnrc Companies insw•eds; but they are insw'edsonly with rnspect to the cou(luct of your business. Your managers ¢rc insurcd~ but they are insnreds only with respect to their deli cs ns your mnnngers. OtherOrganrzafionS 1'fyou m'e nn organizadun (including a professional cotporation) other than a pm'ntetship,joiut vcnh¢c or limited liability company, you are rat insttrcfl Your (li rectors mul ol'ficcrs m•e insureds but they are insureds only with respect to dteir d1111US as yu W' di rectors or officers. Your stocl<holdenantl theirspnusecare insureds; but they are insureds only with respect to Iheir liability as y(mrstoclholders. Employees Your employees ore insureds; but they are insnreds only fortcts within the scope of their - engrloymentbyyouorwh(leperfonningdutiesrclntedtothcconductofyourbusiness. Idowever, no employcris au insuredfor. . A. hod[lyinjaty,adverrisinginjuryorpersonnlinjwy: I. to you, to any of yourdirecto[s,managers,members, officers or pariners(whe[heror not an employee) or to auy co-umploycc while such injured person is ciNxr in the course of his or her employmentor while performing duties related to the conduct of your business; ?. ro the brother, child, parent, sister or spouse of such injured person ns a consequence ofany iujury described in subparagraphA. L ¢bove; or 3. far which there is any obligation to share damages with or repip~ someone else who must pay datn¢ges because of auy injury described in suhpurabnaphs A, l , or .9,3. ' above. With respcctto b¢dilylnjury Drily, tltis limitation does not apply w; • you or to your directors, mnnngers, membets, uf(icers, partners or supa'visors as Ift3 WYd$ 01' your employees, as ittsnruls, with respect to such danucges caused by car(liu- pulmonary resuscitation or Gist aid services a(Iministered by such an rmployce; or Ci. pr¢p¢rt,1' damage to any properly mvned, uceupie(I or used by you or liy any of your directors, manngws.menthcrs,~fficers urparnters (whctheror not nn employee) or by any ofyourcmployccs 'this limitation does uul apply to property damage to premises whit(: rented to you or umporarilyoccupied by you with permission n(lhe owner. Lind'61y Insurance Form Un-02-2nn(t'Rev. tl-o'0 Conine( Page G of 32 General Liability Who /s An Insured (contirtuod) Volunteers persons who arevnlunteerwnfkecsforyounrelnsureds:butfheyareinsurndsualyforactswifhin dte scope of (heir activities for yvu and nt your direction. RealEStafaP/IanayarS Persons(othcrthanyouremployces)ororgvtizationsuctingdsyourre;tlestntenwnugnrsnre insureds; but they nre insureds onlywilh respwl to their duties as yoarrcal cstmentanugen, PermiSSlveUserSO( With respect to mobile cgnipmcntregisferedinyournametnxleramolorvehicleragisuationlaw: MobileEgtlipment A, parsons drivingsuch equipmenton n public road with yourpermissionure insureds; and D. persons ororgnnizationsrespottsiblefortheconductoFsuchpersuttsdescribatlin subparagraph A. above are insured; but shay nre insw•eds only wi th mspect to the operation of the equipment and only if uo other insurance of any kind is available to them. Jd.owever, no person or orgonization is an insured with respect to: • ~ bodily injury to nay co-umployea of the person driving the equipment; or • property dutnnge to anyproperty owned or occupiedtty or loaned or renard to you, or in your charge or the charge bf the.etnployerof;any person who is an insured under this provision. Vendors Persons or organizationswho are Jendors ofyourproductsare btsnreds; but they atz insurads onl y with respect to their liability titr damages I'or bodily injury or property damn~e resuhing fivm the distributi on or sale of your prudttcts in the regular cnursa o f their husiness zmd only if this insurtnccnppliestotheproducts^complatedtpcrutionshuzard. However, no such person yr organization is an insured with respect to any; assumption ofliability by them in a contract yr agreement. T7tis limiuuiondoes not apply to the liability for damages for bodily injury or property damage that such vendor would ' have in the absence of such contract or agreuntent; represanlationorwarrnntyunautl>orizedbyyou; • physical or chamiad chmtgc in. yourprudncts made inkntioually by the vcrtdor; • repackaging, unless unpacked solaly for the pugtose of inspvclivn, demonsn'alion nr testing, or the substitution of jtnrts under instruction f}an the nuuutfacturermdrhan repacked in the original amtnincr; Failure to malce suds insparlions, adjustments, tests or servicing as the vendor has ugread to make or normally undertakes lv nutke in the ustwl course of businrss in connection with lbe distribution or sale of your prtducts; clemonstrntion, i»slallntiun, servicing or repai r operations, axccpl. such operations pert inntcd ai the vcndor'sprcntises in wnneclion with the sale of yom' products; or of your produch which, alter distribution ur sole by yai, have been Itibcled ur tchtbclad or used as a container, ingredient or pun of ;my outer thing or substance by or fm' the vendor. Liaailily Insurance Pomr 00-a2-e'UU(j ROV. a-n1J CnrtlraG -- Poge 7 oI 72 Who Is An Insured VBndors Further, no person or organization from whom you have acquired your products, yr any cmtluiner, (continued) ingredient or part entering into, accompanying or cunlaining,your pntdnctr, is an insured under this provision. Lessors OfEgdipment Persons nr organizations from whom you lease equipmeutare insurndrti but they are insundsonly with respect to the maintenaoce erase by you of'such equiryment and only il'you ore conlruntually obligated to provide theta with such insurance us is afforded by this contract. Flowever, no such person or organization is an insurtxl with respect to any: damagesarisittgoutoftheirsoleueglignnnc;or nCl'lII'I'L`IICL' 11181 OCCLILti, or nlTcnse that is conuniUed, after the C(IUIL1L11L""Ill leaae L`IldS. Lessors Of Premises Persons or organizations from whoa you lease premisesnre insureds; bttt they are insuradsonly with respect to [he ownership, maintenance or use ol'thnt par[iculnrpart ol'such premises leased to you uvd Duly if you are contructuullyohligated to provide them with such insuraner.tts is afforded by this cnntrac[. However, no such person or organization is un iusurod with respect to any: damugesarisingoutoftheirsolenegli{,ronce; occurrence shut occurs, or offense that iscotnmit[ed, n'Flnr you cease to be a tenant in the - premises; or - strucutminheration;newconstructionocdettiolitionoperationsperfnmtedbyoronhehtdfof them. SubsidiaryOf Newly ll'there is nn othcrinsutancenvnilable, the following rn-ganizacions will qualify as named insureds Fl cquiredOr Formed Organizations a suhsuiary m•ganization of the first named insured sltvwn in the peclarntiuns of wh ich, nt the beginning of the policy period and at dle time oi'lass, such First named insured controls, citherdirectly or indilectly,nture [hanFifty(50) percent of the inter'estsentided to veto generally in the election of the gvvcming body of such organizntimt; or ' u subsidiaryorganization of the firstn(uned insured shown in Ute Declarations that sucblirst named insured (requires or forms during the policy period, if at the time of lass such first nalrned htsured conuvls, either directly ur indirectly, more llutn l iliy (SD) percent of the interests entitled to vote generally in the election of the governing holy of such organization. LimifationsOn Whols An A. Lscept to the extant providc(I un(tcr the SubsidinryOr Newly Acquired Ur Formed Insured Orgmrinuions provision above, no pccson or organization is :m insured with respect to the conduct ol'any person or organizmivn that is not shown as a n:uncd insured in the Decl+lr:uionx. 0. ~o pccson or orgmtiration is an insm-e(1 with respect to the: I. ownership, maintenance nr use of any assets; or canchstaf any pecsno or organization whose assets, business or orgmtiz:uion; LiaWliry In ~urenre Form 80-02-200q'Rev, q-O1J Contract Pngc a M72 Genera/ Ljability Who is An Insured Limitations On Who Is An you acquire, either diteutly or indirecdy,l'or:my: Insured borlilyinjuryorpropertydnnwgethutoccutred;or (continued) ' advertiSinginjnry or personal iujury nrisingoul of nn offense first committed; in whole or in part, before you, directly or intliractly, atjuircd such nssuts, businessor orgnnirntiat. LIm1fS Of In,. ;b e.. .:."~:., ~ ;. L.SU~Y' ~.:r, t1Sv _);: s' ,~:m:o-- s...~.~S:..L'tl ~el -..~_N.^?~6,. :rw:4.: rc....: .-•- suranCB T~hC Llnlll\ GJ h»;tlr4lnLCSI)UWn In the DLC1;118t1an5and the rnICS bL1ON' lt\ tltl: moSl WG wlii pity, regardless of the numberaP. ' IRTL(I'Cd S, • claims mntle or suitsbrought•, or _ personsororgxnizatinnsm:tkingclaimsorbringingsnitx The Limits Of Insurance npply separately to each consecutivennnuulpenod and to nny remaining period of less Than twelve (12) months, starling with the beginning of the policy period shown in the Declarati ons; unless the policy period is extended u Rer issuance form ndditiotwl period of less than twelve (12) mdnths.In that case,.the additional periodwill be deemed part of the lust preceding period for purposes of determining the Limits Of Insur¢uce. GeneralAggrBgafeLimlt SubjeG to the Each OccurrenceLimit, dte Genernl AggregateLimit is themost we will pny fonhe sum of: • dnmageslorbodilyhUuryandpropertydnntnge,exceptdumagesinclutledinthe pt•uducts-completetbperutions hnzard; wrd • mcdiculexpenses, Products-CoTpleted Subject to the Each Occurrence: Limit, lbeProducts-Cuntplctctgpcrutions Aggregatu Limit is the Operafio/75Aggregate must we wit! pay I'or the sum of damagesforbadilyinjury and property damage. included in the Llrnlt products-conq)Ictcd>pcrndons hazard, Advertising/n%UryAf7d The Ath~ertising fnjuq~ And personal Injury Aggregate Limit is the most we will pay 1'm'the sum of Personalln%ury Aggregate dunwgex l'or ndvcrtisinginjru•y ttnd pcrsannl injury. Limit Each Occurrence Limit The Each gccnnence Liinii. is the most we will pay Ivr the sum oF. danwges for bodily injnrp and prnpm'tt~ tlanwgc; and ' medical expeuse~ arising out oPany one uccurrcncc. Aoy ;unuunt paid far damages or medical espenscs will rechlce the ;unount of the applicable aggregatr: limit available for any other payment. Liability Insure, ncu Form aU-U7-2ooQRUV. •1-off Qmlrac! Pane Doi 77 . .MARSH CERTIFICATE OF INSURANCE I:E"T'F'GATE"DMBEIi sFA_mnR~~T ~R.rn PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONIY AND CONFERS MARSH RISK & INSURANCE SERVICES NO RIGHTS UPON THE CERTIFICATE HOLDER OTNER THAN THOSE PROVIDED IN THE P. 0. BOX 193880 POLICY. THIS CERTIFICATE DOES NOT AMEND, E%TENO OR ALTER THE COVERAGE SAN FRANCISCO, CA 94119.3880 AFFORDED BY THE POUCIE9 DESCRIBED HEREIN. CALIFORNIA LICENSE NO 0437753 . _ COMPANIES AFFORDING COVERAGE Alm: Audrey Segaud {415)743-8632 _ __ coMPAHV 9025 -BOND-MM- __ _. _.._ _. . __ A FEDERAL INSURANCE CO INSURED . -__ _ COMPANY BOND LOGISTIX, LLC g FUND SERVICES ADVIS DRS INC ---- - , . 777 SOUTH FIGUEROA STREET- SUITE 3200 - ___ COMPANY LOS ANGELES, CA 90077 C -_- COMPANY ~- -~ 5- ~ ul D COVERAGES.' Thiseertlflcate supersedes and-replaces anq;previously issued certificate fot the policy periodnoted belDV?.. 1 THIS IS TO CERTIFY THAT POlIGES OF INSURANCE DESCRIBED HEREIN HAVE BEEN ISSUED TO THE INSURED NAMED HEREIN FOR THE POLICY PERIOD INDICATED . NOTWITHSTANDING ANY REDUIREMENT, TERM OR CONDITON OF ANV CONTRACT OR OTHER DOCUMENT WITH RESPECT TD WHICH THE CERTIFICATE MAV BE ISSUED OR M AY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. CONDITIONS AND EXCLUSIONS OF SUCH PDLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO LTR rypE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY E%PIRATION ' UMIT9 DATE (MM/OD/Yl ) DATE(MMIDD/YY) GENERAL LIABILITY GENERAL AGGREG4IE $ COMMERCIAL GENER'~L UABIGTY $ - Y i FROWCTS-GOMPpPAGG I I ICLAIMS MADE ~ OCCUR S _ rrT PERSONALBAOV INJURY S OVrNER'S BCOMRACTORSPROT r 1 . __-__.- _-_. EACH OCCURRENCE $ I I $ --- ' ~" 1 I FIRE DAMAGE (Any Dna fYe) MED EXP (An one n $ AUT OMDBILE UA&UTY COM&NEDSINGLE LIMIT $ _ ANY AUTO j ALL OWNED AUTOS - ~ '~ r1S ' ~ `~ O FORM BODILY INJURY $ SCHEDULED AUTOS (Per pen;m) _,. ~ HIREp AUTOS I BODILY INJURY $ NON~fWJNED AUTOS (Per acciBent) - ...... '~:: it S :LC y PROPERTY DAMAGE $ ....... tiac' ~~ a rr:e GARAGE LIABILITY ~,. --- ' AUTOONLV-EA ACCIDENT _. $ ANY AUTO OTHER THAN AUTO DNLV --- EACH ACCIDENT _ $ AGGREGATE $ E%CESS LIABILITY , EACH OCCURRENCE $ UMBRELLA FORM AGGREGATE $ OTHER THAN UMBRELLA FORM $ A SC MPENSATION AND ' 7163-12-66 10!01)05 10/0106 A - H- :, - ENPLOYERS LIABILrrY X TORY LIMITS ER . I EL EACH ACCIDENT $ 1,OW,DOO THE PROPRIETOR/ ' Ip,CL PARTNERSIEXEGUTIVE - ' f EL GISFASE70LIC'/UNIT S 1,DDD,UDD OFFICERSARE: E%LL EL DISEASE-EACH EMPLOYEE $ 1,000,000 I I DESCRIPTION OF OPERATIONS)LOCATIONS/VEHIClE87SPECIAL ITEMS EVIDENCE OF INSURANCE ONLY CERTIFICATE. HOLDER ,~CFe 1:17>)pp) BMOV W ANV OF THE PoLICIES DEBCRIBEO HEREN BE CPNCELLED BEFORE THE EXPIRAnON GATE n1EREOF, THE NBUgER AFFOROINO COVERAGE YALL ENOEAYOR TO MAA _ ,{' Q MVR WRITTEN NOTKE TO THE CITY OF SANTA ANA .- ATTN: FRANCISCO GUTIERREZ CERTIFKATE NOLDEq NAMED HEREIN, BUT FAIWRE TO NNLL W[H NOTKE BHALI MPoEE NO OBLIGATION OR FINANCE SMANAGEMENT SERVICES AGENCY IABRRV OF ANY KNOUWHTHE N9IRER AFFORONG CWERAGE, (fB AGENT50R RfPgE6ENTATNES, OR ME 20 CIVIC CENTER PLAZA M17 P.O. BOX 1988 Issufa DFTHlsceanNCATE. SANTA ANA, CA 92701 MARSH USA INC. sr: Gene Williams ~~~- ~1NM9(0l02( VALID AS OF:10l03/OS Y~ DA izjz9%o6 II1"Y:~~~ANCE CER'ITS'ECA'E'Et3~:~,ItI ' ACORQ . . vauucc%a THIS CER'1'IN'ICA'1'S IS ISSUED AS A MATTER OF INFORMATION ONLY Aon Risk Services, Inc. of Northern California AND CONFERS NO RIGHTS UPON TILE CER'1'1N'ICA'l'E HOLDER. THIS 199 Fremont Street Suite 1400 CERIlF[CATE WES NOT AMEND, ERTEN'D UR AI,TF,R TIIE San Francisco CA 94105 USA WVF,RAGE AFFORDED BY TIIF.POLIC[ES BELOW. INSUKERS AFFORDING COVERAGE more- 415 486-7000 rA%(415 486-7029 WsuReD WsuRERA Vigilant Ins Co Orrick Herrinyton & Sutcliffe LLP wsnREa s. Federal insurance Company and RondLOgi siix uC 7]7 SDUth Fl yUe rOd Street, SUl t2 3200 INSURER C. Los Angel e5 CA 90017 USA h/-ZOE ~-9lS N-=OCL -ONS C/ LVSCAER D: /J"e'OOL ( ~~ ITSORE0. E'. '~IH91-..- C6R€. I- ~ -__. -.. - -. ~.~_ diSL41l~1ans'- ~S1LLM15YDJ .«..mF t .:3 TIfE POLIC'IGS OP WSURANCE LISTED BLLUW HAVE BEEN ISSUED TO THE I NSURED NAMED AROVF. FOR THE POLICY PIiR10D WDICA"I'ED,NOTWITHti]ANUWG ANY RGOUlI(BMEVT, TERM UR CVNUI ^UN uF ANY CONTRACT nR nTHER 1X1CI1MENT WITH RESPECT TO W IIICII THIS CERTIACATF. MAY 8E 1SSLi F.D OR MAY PEIiTA W. T}IF INSOKANCE AFFORDLn NY THE P-1LICIES DFSCKIHED HF.RGI N IS SUBIECT TO ALL TIIE T LRMS. E%CLUSIONti A6U CUNUITIVNS OF SUCH POLICIES AGGREGAVE LIMITS sHV W N MAY HA\4' REEN REDI ICED RY PAID CLAMS. RtiR ' POLICY NLMBEB POLICY EM}ECIIVfi POLICY"F.YPIRAtION LIMIFS LTa 1VSURINCE TYPE OF DATEIMMIDDIYYI DATEINNIDMYYI 3YDL 1IJe'L6 O1/O1/Ol U1/OI/88 EACH (%'f11RRENCE $L BUU,000 A CE\ERAL L11aU.1'IT Packaye Policy 51 000 000 X COMMERCIAL GENERAL WADILITY RRE DAMAGEIAnv ore fircl , , CLAIM1IS NAUL~LC(P,R MEV LxP IAnv unr Pen,m $l0. BO0 X Weivef of SubfOgLti on YERSUNALk AVV IVILAY $1, D00, 000 f.ENFRAL AQOI(EGAIL $Z,OBO, Of18 OE.V L PGGREGATE I IhIIT nPP1.lE5 PER PRODUC I S -COMP/OP AGG PRII POLICY ^ IF("F Ur B A UTOMOBILE LIABILITY 74996769 AIItOm06112 POIiCy Ol/Ol/0] Ol/Ol./UR COMBINED SISGLL LIMIT (H+mcitlenp $1.000,000 ANY AUTO ALL (IWNED ACTUS Bt InILY INH IRY 1 r~. PCmnl M HEVLLED Al1TD$ x HIREU>LTOS BODILY INNRY Rer nmNenl i X lIT05 W D NUN O NL A YR VPERTY D4MAG0 IPCrawiJmO GARAGE LIABIL]'CY AIITOONLT ~ EA ACCIDEN'C ANT .V ITO OTIfER THAN EA ACC AF'TO ONLY AGG B R%CESS IJARILITY 01701707 6ACH Ix:CURRENCL $25,000,000 OCGIIR ^ CLAIMJ MAUE Umbrella POIiCy AGGREGATE $L 5, 000,000 DGUIICTIBLE RGTEFI'101.' WC STATU OTH- WORAERl COA1PENFATION ANU IVRY'I IhIITS ER EMPLOYEBS' LIABILITY E L FArH ACCIGEM I L.L. DISEASE POLICY LIMIT ~ , EL. DISEnSE~FlA EMPLOYEL , / OTIIF.R I ~ ' DESCRIPTION OF OPERATIOFS/LOCATIIINLVEHICLES/EXCLUSIURS ADUEU Bt FNDORSENFNT/SPECIAL PROVISIONS The [i ty, lts officers, agents, volunteers and employees are named as Additional msu reds per the attached endorsement. ~ it _ 51{OL'LD ANY UE IHEAbVVF. DES RIaLU PU1 I('IRS kE rAVCELWiU REFORETI[LXPIRA CION Clt Uf SdOCd And y HATIt THEREOF. THE ISSLING COMPAFS' WILL EVphAVOR TO hIAIL 4itD: FYaDCl 5C0 [iDilerrrCZ )O DdYS WRITTLV FOTICE TU t'H5CERTIFICAIE HVLUGR VAMEDIVlHEIF.FT. FSndnce and Mand9Cm Cnt SErVI Ces P.]EnCy BIIT FAILL'R6 TOWSU tiH.LLL1.NYVSE Nil ONl 1GnTION OR LIABILITY 2O C1 VlC C2nLCr P1 dLd MI7 pF ANT'%IND OPON THE CUNFANY, ITS AGENTS OR RtiI'RF.$ENTATIVES. P.O. Box 1988 $dn Ld Ana CA 9]7H1 115A Al-IIURILLU REPRF.SEN IAIIVF y~c._. - :c-~._ c~a ~. ~- i r:. V 'y' O d 0 O O z A V ~`J J J L'w ~_ "f 'yri ~_ ~~ •~ ~_ P S 12/29/06 PRI 10:52 FAR 212 812 4G22 CRUBB & SON 1~9U2 Liablliry Insurance Endorsement Policy Period JANUARY 1, 2007 TO JANUARY L, 2008 EHactive Date JANUARY 1, 2007 Policy Number 3562-11-51 Ensured pRRICK, HERRINGTON b 9UTCb3FPE, LLP a0N- LOGISTIX,LLC Marne of Company VIGILANT YNSURANCE COMPANY Date Issued -ECEMBER 29S%[2006 This Encorsemeotapplies to thcfollowing forms: .. ~_...: efollowin Provleio~. - ~:... ..,ce :. ,... .. . Under V/ho is An Insured, tit g nts added: ~~ Who Is An Insurod OWIIOf$, Lessees Or Apy pnrsanm arganiralion deeignatedbelow is eninsured; bus they are insureds only with rosyect COnfrnCfOrS to their Lability as owner, lessee or eunhaetornrisingoutafyour ongoing operatimta perfomttd for shat insured ANY PERSON OR ORGANIZATION AS REQUIRE- HY WRITTEN CONTRACT. uonrmu.d Llenlury Iwurance AtlWrion•1lnsured' Owners. Lesrees Or Conhedors 1'e9e 1 Form BO-02~~d09Nev. a-ni) Endorsement