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Home My WebLink AboutACE PARKING MANAGEMENT 1B-2006 A-2006-105 INSURf..NCl UN FilL WORK Mf, Y Pli0CEED UNTIL INSURf\NCE EXPIRES ~(~(-O(o ClE K OF COUNCil. DATE: 1-1 j-CiP o C-bfl V) It> .1'lIallt.aolD THIRD AMENDMENT TO CONSULTANT AGREEMENT THIS THIRD AMENDMENT TO CONSULTANT AGREEMENT is entered into this 151 day of May, 2006, by and between Ace Parking Management, Inc., a California corporation ("Consultant") and the City of Santa Ana, a charter city and municipal corporation of the State of California ("City"). RECITALS: A. The parties entered into Agreement #2004-038, dated March 30, 2004, (hereinafter "said Agreement") by which Consultant has operated and managed the City's public parking garages. B. In accordance with the terms and conditions of said Agreement, the parties wish to extend said Agreement for an additional one-year term and to increase total compensation to pay for services during the extended term. WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all the terms and conditions of said Agreement, except those amended in this Second Amendment to Consultant Agreement, the parties agree as follows: 1. Section 2.a, COMPENSATION, shall be deleted in its entirety and replaced with the following: "City agrees to pay, and Consultant agrees to accept as total payment for its services, a Management Fee in the amount of Nine Hundred Ninety Five Dollars ($995.00) per month, as set forth in Exhibit A to said Agreement. The total sum to be expended under this Amendment to Agreement shall not exceed $11,940.00, during the term from May 1,2006 through April 30, 2007." 2. Section 3, TERM, shall be amended to extend the termination date one year, from April 30, 2006 through April 30, 2007. II II II II II IN WITNESS WHEREOF, the parties hereto have executed this Third Amendment to Consultant Agreement on the date and year first written above. CITY OF SANTA ANA ATTEST: ~- ... ~ - 'J PATRICIA E. HEALY Clerk of the Council t2az C\ DAVIDN. REAM City Manager APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney /, : 'j' I'\')i.-" , By: f,fll Ui'>__.b;",., Lauta Sheedy Assistant City Attorney ,,{, / / CONSULTANT ~. BAUMGARDNER . ACORD," CERTIFICATE OF LIABILITY INSURANCE I DATE {llMlDDIY't'YV} I 1012105 PROOUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION John Burnham SO 1610 A- ~t\5. tJ.35" ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND. EXTEND OR 750 B Street, Suite 2400 /v - da>'f- D3S ALTER THE COVERAGE AFFORDED BY THE POUCIES BELOW. San Diego, CA 92101 800421.6744 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER-A Federal Insurance Company 20281 Ace Parking Management, Inc. INSURER 8: Great American Insurance Company 16691 I 645 Ash St. INSURER c: .~ San Diego, CA 9210103299 INSURER D: INSURER E: Cnenl#' 795 ACEPARl COVERAGES THE POLICIES OF INSURANCE LISTED BEt-OW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATEO. NOTWITHSTANDING ANY REQlt;REMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERT ~\IN THE INSURANCE AFFORDED BY THE POLICiES DESCRIBED HEREIN IS SUBJECT TO ALL THE TEAMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAlO CLAIMS, T TYPE OF INSlJRANCf; POLICY NUMBER p_o.l.!S'f..~f.f8~lliE P'5i!;J,~l2"~N UMITS A GlNERAl LIABILITY 35776481 11101/05 11/01106 EACH OCCURREHCE .900 000 X ; COMMERCI.-.L GENERAL lIABILITY $100,000 SIR DAMAGE TO RENTED .900 000 e =J=:l CLAIMS MAOE ~ OCCUR MEO EX? (An1 gne pltl'lgn) 'Excluded PERSONAl & /1.JJV INJUIfV .900 000 GENERAL AGGREGATE .2 000 000 ~;!'l'~ f>..OO~En ~L1MIT APlilS ~ER: PRODUCTS. COMP/Of> AGG .2 000 000 POliCY P~.g. X loe A ~_!OMOBIlE UABILITY 73500390 11101105 11/01106 COMBINEO SINGlE liMIT ~J ANY AUTO $100,000 Deduct. (E..cc:idlml) '1,000,000 -1 ALL OWNED AUTOS E1001L Y INJURY . ___. flCHEDULEiJ AUTOS (f'l:lfperaonl ~.j l-IIREOAUTOS ElODIL Y INJURY . ~~_, NON..oWNED AUTOS (Peractidentl ! PROPERlY DAMAGE . L (PefOCGid.mt\ A , : RAGE LIABILITY 35776481 11/01105 11101106 ....UTO ONt Y - EA ACCIDENT . ANY AUTO $100,000 SIR OTHER THAN EAACC $2,900,000 'xl Garagekeepers Legal Liability AUTO ONLY: AGG . B ~ESSlOMeRELLA UA81UTY TUU3578454 11101/05 11/01106 EACH OCCURRENCE $10 000 000 ~ OCCUR 0 CLAIMS MADE AGGREGATE .10 000 000 f-., $ ; ~lEDUCT1flLE . f----; X ! RETENTION .0 . A WORKFRS COMPENSATION AND 71603581 11/01105 11/01106 X I, we STATU- 10TH. EMPLOY!:RS' UABILlTY .1 000 000 ANY PRC"RIETORIPART",eRlEXeCUTIVE E,l, EACH ACCIDENT OFFice" l\EMBER EXCLUDED? E.l. DISEASE - EA EMPLOYEE .1 000 000 ~~ECi~,~_"'RbOv:S1~rNS below E.l. DISEASE - POLICY LIMIT .1 000 000 A OTHU' C:om.Property 35796156 11/01105 11/01106 EqU:!'i..lentl Prop. $50,000 Limit Each Loc. Socc.i;;l Form $2,500 Deductible DESCRIPTIOI'< UF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDEO BV ENDORSEMENT/sPECIAL PROVISIONS ATTACHE,) FORMS ARE APPLICABLE IF REQUIRED IN A WRITTEN CONTRACT WITH THE NAMED INSURED. RE: Lot721, 722, 723 & 724. 3rd & Broadway, 5th & French, 310 N. Birch St., and 410 N. Main, Santa Ana, CA Cartlficata Holder is Addltionallm;ured for General Liability as respects premises leased/managed by named Insured. CERTifiCATE HOLDER CANCELLATION City of Santa Ana 20 Civic Center Plaza M-25 Santa Ana, CA 92702 SHOU1.D ANY OF TliE ABOVE OESCRIBEO POUCIES BE CANCELLED BEi=ORE nil. EXPIRAnON DATE THEREOF. THI:: ISSUING INSURERWfLl ENDEAVOR TO MAIL ~ CAYS WRITTEN NOT1CE TO THE CERTIFICATE HOLDER NAMED TO mE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER. ITS AGENTS OR ACORD 2S:Z001108} 1 of 2 VSBRI @ ACORD CORPORATION 1988 '. IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). J# If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy. certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder. nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ~~ <:/6 ACORD 25-$ (2001/08) 2 012 #M294355 " Endorsement Date Issued OCTOBER 20, 2005 Insured ACE PARKING MANAGEl\lENT, INC. Policy No. Eftective Dale 3577 -64-81 NOYEMBEROI,2005 Name of Company FEDERAL INSURANCE COMPANY Producer JOHN BURNlIAll & COIIPANY BLANKET ADDITIONAL INSURED UNDER COMMERCIAL GENERAL LIABILITY AND GARAGE KEEPER LEGAL LIABILITY COVERAGE, WHO IS AN INSURED, THE FOLLOWING PROVISION IS ADDED: ANY PERSON OR ORGANIZATION DESIGNATED BELOW IS AN "INSURED" BUT ONLY WITH RESPECT TO LIABILITY ARISING OUT OF YOUR OPERATIONS OR PREMISES OWNED BY, MANAGED BY, OR RENTED TO YOU. DESIGNATED PERSON OR ORGANlZA TlON: ANY PERSON OR ORGANIZATION WHERE REQUIRED BY A WRlTTEN CONTRACT OR WHERE A CERTlFICA TE OF INSURANCE SHOWING THAT PERSON OR ORGANIZATION AS AN ADDITIONAL INSURED HAS BEEN ISSUED, All Other Terms and Conditions Remain Unchanged. Endorsement Date Issued OCTOBER 20, 2005 Insured ACE PARKJNG MANAGEMENT, INC. Policy No. 3577-64-81 Efteclive Oale NOVEMBER 01, 2005 Name 01 Company FEDERAL INSURANCE COMP ARY Producer JOlIN BURNIIA!I & COMPANY W AfVER OF SUBROGATION UNDER GENERAL LIABILITY CONDITIONS, TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US, THE FOLLOWING PROVISION IS ADDED: HOWEVER, WE WAIVE THE RIGHT OF RECOVERY WE MAY HAVE AGAINST THE DESIGNATED PERSON OR ORGANIZATION SHOWN BELOW BECAUSE OF PAYMENTS WE MAKE FOR INJURY OR DAMAGE ARISING OUT OF OUR ONGOING OPERATIONS OR DONE UNDER A CONTRACT WITH THAT PERSON OR ORGANIZATION AND INCLUDED IN THE GENERAL LIABILITY OTHER THAN AUTO ONLY HAZARD. DESIGNATED PERSON OR ORGANIZATION: ANY PERSON OR ORGANIZATION WHERE REQUIRED BY WRITTEN CONTRACT. All Other Terms and Conditions Remain Unchanged. ~316 '. Endorsement [late Issued OCTOBER 20, 2005 Insured ACE PARKING MANAGEMENT,INC. porIeY No. Effective Date 3577-64-81 NOVEMBER aI, 2005 Narne of Company FEDEIlAl. IN5UR.'.NCE COK!' AllY Producer JOHN B1lR1llWl & COM!' AllY UNDER GENERAL LIABILITY CONDITIONS, TIffi FOLLOWING CONDITION IS ADDED: Olher Insurance - Primary Addilionallnsured: If you agree, in a written contract, .greement or permit, to provide primary insurance for any person or organization included in Who Is An Insured, this Other Insurance - Primary Additional Insured condition applies. If other valid and colJectible insurance is available to the insured for loss we would otherwise cover Wlder this insurance, our obligations are limited as follows. Primary Insurance. This insurance is primary. We will not seek contributions from any other insurance available to the person or organization with whom you agree to include in Who Is An Insured, except when the Excess Inswance provision applies. Exces:; Insurance. This insurance is excess over any other insW'ance, whether primary, excess, contingent or on any other basis: A. that is Fire, Extended Coverage, Builder's Risk, Installation Risk or similar insurance far your work;. B. that is insurance that applies to property damage to premises rented to you or temporarily occupied by you with permission of the owner; C. if the loss arises out afaircraft, autos or watercraft (to the extent not subject to the Aircraft, Autos Or Watercraft exclusion); D. that is insurance: 1. provided to you by any person or organization working under contract or agreement for you; or 2. under which you are included as an insured; or E. that is insurance under any Property section of this policy. When this insurance is excess, we will have no duty to defend the insured against any suit if any other insurer has a duty to defend such insured against such suit. Ifno other insurer defends, we will undertake to do so, but we will not be entitled to the insured's rights against all those other insurers. When this insurance is excess over other insurance, we will pay only our share of the amount orloss, if any, that exceeds the sum of the total: amount that all other insurance would pay for loss in the absence of this inswance; and if an deductible and self-insured amoWlts under all other insmance. We will share the remaining loss~ if any, with any other insurance that is not described in this Excess Insurance provision and was not negotiated specifically to apply in excess of the Limits Of Insurance shown in the Declarations oHhis insurance. Method afSharing. If all ofthe other insurance permits contribution by equal shares, we will follow this method also. Under this method each insurer contributes equal amounts until it has paid its applicable limits of insurance or none of the loss remains. whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limits of insurance to the total applicable limits of insurance of all insurers. All other terms and conditions remain unchanged. *)-0 9/0 ,::),) Cf / Form 80-02.2653 (Ed. 4-01) Other Insurance-Primary Additional Insured Endorsement Endorsement ~Ie Issued OCTOBER 20, 2005 Insured ACE PARKlNG MANAGEMENT, INC. Policy No. EffectiVe Date (06)7350-03-90 NOVE/YlBER 0 1, 2005 Name of Company fEDEFAL INSURANCE COMPANY Producer JOHN BURNlWI ~ COIiP ANY BLANKET ADDITIONAL INSURED UNDER AUTO LIABILITY COVERAGE, WHO IS AN INSURED, THE FOLLOWING PROVISION IS ADDED: ANY PERSON OR ORGANIZATION DESIGNATED BELOW IS AN "INSURED" BUT ONLY WITH RESPECT TO LIABILITY ARISING OUT OF YOUR OPERATIONS OR PREMISES OWNED BY, MANAGED BY, OR RENTED TO YOU, OR ANY AUTO. DESIGNATED PERSON OR ORGANIZATION: ANY PERSON OR ORGANIZATION WHERE REQUIRED BY A WRITIEN CONTRACT OR WHERE A CERTlFICATE OF INSURANCE SHOWING THAT PERSON OR ORGANlZA TION AS AN ADDITIONAL INSURED HAS BEEN ISSUED. NI Other Terms and Concfrtions Remain Unchanged. Endor~ement Date Issued OCTOBER 20, 2005 Insured ACE PARKlNG MANAGEMENT, INC. Policy No. Effective Oate (06)7350-03-90 NOVEMBER 01, 2005 Name of Company FEDERAL INSURAIICE COIiPANY Producer JOHN BURNllAli L COMPANY WAIVER OF SUBROGATION UNDER AUTO CONDITIONS, TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US, THE FOLLOWING PROVISION IS ADDED HOWEVER, WE WAIVE THE RIGHT OF RECOVERY WE MAYIHAVE AGAINST THE DESIGNATED PERSON OR ORGANIZATION SHOWN BELOW BECAUSE OF PAYMENTS WE IIAKE FOR INJURY OR DAMAGE ARISING OUT OF OUR ONGOING OPERATIONS OR DONE UNDER CONTRACT WITH THAT PERSON OR ORGANIZATION AND INCLUDED IN THE AUTO LIABILITY OTHER THAN AUTO ONLY HAZARD DESIGNATED PERSON OR ORGANIZATION ANY PERSON OR ORGANIZATION WHERE REQUIRED BY WRITTEN CONTRACT. Nt Other Terms and Conditions Remain Unchanged. ~5;f;, -, WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY INSURANCE POLICY WC:!S2 (4-84) we 04 03 06 lEd. 4-64) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT- This endorsement changes the policy to which it is attached efteclive on the inception date of the policy unless a different date is indicated below. . (The following ~attac:hing c"usQ'~ need be completed only whQn this endorS'iment is i$sued subSlqulInt to preparation 01 the policy) This endorsement, effective an 11/0]/05 lOA"lE) at 12:01 A. M. standard time, forms a part of Policy No. 7160-35-81 of the FEDERAL INSURANCE COMPANY (NAME OF iNSURANCE COMPANY) ACE PARKING MANAGEMENT, INC. (SEE NAMED INSURED ENDT.) Endors6Iment No. issued to We have the "ghllo recover our paymen's from anyone liable for an injury covered by this policy. We will not entorce our righ' against the person or organization named in the Schedule. (ThO> agreement applies only to the extent that you pertarm work under a written contract that requires you to obtain this agreement trom us.) Y QU must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work de-scribed ir. the Schedule. The additional premium lor this endorsement shall be 0 c/o of the California workers' compensation premium otherwise due on such remuneration. Schedule Person or Organization Job Description BLANKET WHERE REOUIRED BY WRITTEN CONTRACT we 252: (A~84) we 04, 03 06 (Eoj, 4-84) ~ &/er Paga 1 of 1