HomeMy WebLinkAboutAMERICAN HOMELAND SOLUTIONS 1-2006
INSUR'ANr,:' ON Fill
VI'C\.. :;,'\ 1 "hUCLED
~:i'~ 1",ui;1;NCE EXPIRES
---11~ '1 - 0 i.v
CLERK OF COUNCIL
DATE: <f ol7-() 0
A-2006-253
CONSULTANT AGREEMENT
, PD\.d1
o. ".',I-\~\
(e, v:nv-< - ()
THIS AGREEMENT, made and entered into this 5th day of September, 2006 by
and between American Homeland Solutions, Inc., a Delaware 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 emergency management training to provide National Incident
Management System Basic Training courses for City employees.
B. City, acting through the Santa Ana Police Department in its capacity as the
Core City for the Santa Ana Urban Area under the FY04 Urban Areas
Security Initiative, has applied for, received and accepted a grant from the
federal Department of Homeland Security, Office of Domestic Preparedness,
through the State of California, Office of Homeland Security, to enhance
countywide emergency preparedness, hereinafter referred to as "the Grant.
C. Consultant represents that Consultant is able and willing to provide such
services to the City.
D, 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 City's Request for Proposal
- RFP 06-098, dated August 7,2006, Consultant's Proposal dated August] 6,2006, both
of which are on file with the Santa Ana Police Department Homeland Security Division,
and Exhibit A attached to this Agreement.
2. COPYRIGHT
Except as otherwise provided in the terms and conditions of this agreement,
Consultant may copyright any books, publications or other copyrightable materials
developed in the course of or under this agreement. However, the federal awarding
agency, State Administrative Agency (SAA) and City reserve a royalty-free, non-
exclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize
others to use, for federal government, SAA and/or City purpose:
(1) the copyright in any work developed through this agreement; and
(2) any rights of copyright to which the subcontractor purchases ownership with
support through this grant. The federal government's, SAA's and City's rights identified
above must be conveyed to the publisher and the language of the publisher's release form
must ensure the preservation of these rights.
3. 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 $50,000.00 during the term of this Agreement.
b. Payment by City shall be made within thirty (30) days following receipt of
proper invoice evidencing work performed, subject to City accounting procedures.
Payment need not be made for work which fails to meet the standards of performance set
forth in the Recitals which may reasonably be expected by City.
4 . TERM
This Agreement shall commence on the date first written above and terminate on
completion of all training pursuant to this Agreement, unless terminated earlier in
accordance with Section 13, below.
5. 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 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.
6. 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, $2,000,000.00 general aggregate. 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. 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, ten
(10) days notice if cancellation is due to non payment of premium.
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 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.
7. 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] of this Agreement, to the extent the
same are due to their negligence or other wrongful conduct. 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.
8. 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.
9. 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.
10. 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:
Chief of Police
City of Santa Ana
60 Civic Center Plaza (M-97)
P.O. Box 1981
Santa Ana, California 92702
telefacsimile (714) 245-8007
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: American Homeland Solutions
Mr. Kenneth Bayless, President
2401 E. Katella Ave. #220
Anaheim, California 92806
Telefacsimile (714) 940-4930
and Lavoie, McCain and Jarman
Mr. Bob Lavoie
2401 E. KatellaAve. #310
Anaheim, Calfornia 92806
(714) 704-4706
A party may change its address by giving notice in writing to the other party.
Thereafter, 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.
II. 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.
12. 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.
13. 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 ofthis Agreement.
14. 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.
IS. 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.
16. 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 its inability to obtain or
maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall
be cause for termination of this Agreement.
17. CONSULTANT CERTIFICATIONS
a. Audit Records - With respect to all matters covered by this agreement all
records shall be made available for audit and inspection by the City, the grant agency
and/or their duly authorized representatives for a period ofthree (3) years from the
termination of this Agreement.
F or a period of three years after final delivery hereunder or until all claims
related to this Agreement are finally settled, whichever is later, Consultant shall preserve
and maintain all documents, papers and records relevant to the services provided in
accordance with this Agreement, including the Attachments hereto. For the same time
period, Consultant shall make said documents, papers and records available to City and
the agency from which City received
grant funds or their duly authorized representative(s), for examination, copying, or
mechanical reproduction on or off the premises of Consultant, upon request during usual
working hours.
b. Consultant shall provide to City all records and information requested by
City for inclusion in quarterly reports and such other reports or records as City may be
required to provide to the agency from which City received grant funds or other persons
or agencies.
c. Section 504 of the Rehabilitation Act of 1973 (Handicapped) - All
recipients of federal funds must comply with Section 504 of the Rehabilitation Act of
1973 (The Act). Therefore, the federal funds recipient pursuant to the requirements of
The Act hereby gives assurance that no otherwise qualified handicapped person shall,
solely by reason of handicap be excluded from the participation in, be denied the benefits
of or be subject to discrimination, including discrimination in employment, in any
program or activity that receives or benefits from federal financial assistance. The
Consultant agrees it will ensure that requirements of The Act shall be included in the
agreements with and be binding on all of its contractors, subcontractors, assignees or
successors.
d. Americans with Disabilities Act of ] 990 - (ADA) Consultant must comply
with all requirements of the Americans with Disabilities Act of ]990 (ADA), as
applicable.
e. Political Activitv - None of the funds, materials, property, or servIces
provided directly or indirectly under this agreement shall be used for any partisan
political activity, or to further the election or defeat of any candidate for public office, or
otherwise in violation of the provisions of the "Hatch Act".
f.. Civil Rights Compliance and Notification of Findin~s - Consultant will
comply, and all its contractors (or subrecipients) will comply, with the nondiscrimination
requirements of the Omnibus Crime Control and Safe Streets Act of 1968, as amended,
42 USC 3789 (d), or Victims of Crime Act (as appropriate); Title VI of the Civil Rights
At of 1964, as amended; Section 504 of the Rehabilitation Act of 1964, as amended;
Subtitle A, Title II of the Americans with Disabilities Act (ADA) (1990); Title ]X of the
Education Amendments of ] 972; the Age Discrimination Act of ] 975; Department of
Justice Non-Discrimination Regulations, 28 CFR Part 42, Subparts C, D, E, and G; and
Department of Justice regulations on disability discrimination, 28 CFR Part 35 and 39. In
the event a Federal or State court, Federal or State administrative agency, or the
Consultant makes a finding of discrimination after a due process hearing on the grounds
of race, color, religion, national origin, sex, or disability against a recipient of funds, the
Consultant will forward a copy of the findings to the City which will, in turn, submit the
findings to the Office of Civil Rights, Office of Justice Programs, U.S. Department of
Justice.
18. 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 ofthis Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and
year first above written.
AI~ _
~~~
PATRICIA E.HEALY
Clerk of the Council
CITY OF SAN~A
f2d)~
DAVIDN. REAM
City Manager
\
APPROVED AS TO FORM:
JOSEPH W. FLETCHER
City Attorney
"
By: ../
Laura Sheedy
Assistant City Attorney
AMERICAN HOMELAND
SOLUTIONS,INC.
~tf~
ETH L. BA S
President & CEO
~/~.~
L. GILL
Secretary
TaxID# 21t-af!18"[s&
EXHIBIT A
SCOPE OF WORK
Consultant shall provide National Incident Management System (NIMS); Standard
Emergency Management System (SEMS) and Incident Command System (ICS)
Training for Police, Jail and City personnel as selected by City. Said training will
comply with all of the following requirements.
(I) American Homeland Solutions (AHS) will provide a minimum of seven (7)
training sessions consisting of eight (8) consecutive hours of classroom
instruction that will train and result in FEMA recognized certification for
students in the SEMS Introduction Course, ICS-I 00, ICS-200, and IS-700 on
dates and times that are agreed upon by both AHS and the Santa Ana Police
Department.
. AHS will train a minimum of thirty (30) students and a maximum of
forty-five (45) students at each eight (8) hour session.
. AHS will be paid $177.00 per student for each student that attends the
eight (8) hour session, for a minimum number of 30 students and a
maximum number of 45 students per session. AHS may invoice after
the conclusion of each training class in which the students successfully
met the course requirements.
. The eight (8) hour block of classroom instruction in the SEMS
Introduction, ICS-IOO, ICS-200, and IS-700 shall be taught by a
minimum of two instructors who have the necessary experience to
properly and effectively deliver the training.
(2) AHS will provide a minimum of four (4) training sessions consisting of two
(2) hours of classroom instruction that will train and result in FEMA
recognized certification for students in the IS-800 class on dates and times
that are agreed upon by both AHS and the Santa Ana Police Department.
. AHS will train a maximum of 45 students in the 2-hour sessions.
· AHS will be paid $800.00 per IS-800 session, with a maximum
number of 45 students. There will be no minimum number of students
for these training classes. AHS may invoice after the conclusion of
each training class in which the students successfully met the course
requirements.
(3) AHS must have the ability to teach the 2-hour block of IS-800 instruction
before or after the 8-hours of instruction of SEMS Introduction, ICS-IOO,
ICS-200, and IS-700.
(4) All training must be approved for reimbursement through the Urban Area
Security Initiative grant by the federal office of Grants and Training.
(5) All training must be certified by the California Commission on Peace
Officers Standards and Training (POST) and the training must be eligible
for POST Continuing Professional Training (CPT) credits.
(6) All training must meet or exceed the training requirements established by
the California SEMS Advisory Board, Homeland Security Presidential
Directive-5, the requirements of the California Senate Bill (SB) 1350, and
Penal Code 13519.
(7) AHS must utilize a Powerpoint presentation to deliver the course material
and the presentation must be saved on an external data storage device that
uses a USB port connection.
(8) AHS must provide students with written course material including copies of
the Powerpoint slides. All written course material must be provided by the
AHS. Costs for the written material will be incurred by AHS.
(9) AHS must be able to deliver more courses, with additional costs to the City
of Santa Ana, if additional courses are needed.
(10) All students will receive Training Certificates indicating the courses for
which they are receiving certification. The Training Certificates will be
provided by AHS and the costs associated with the Certificates will be
incurred by AHS.
(II) All training must be completed and invoiced by 10-31-06.
.
EXHIBIT B
ADDITIONAL INSURED ENDORSEMENT
FOR COMMERCIAL GENERAL LIABILITY POLICY
Insurance Company
This endorsement modifies such insurance as is afforded by the provisions of Policy
# relating to the following:
I. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California
9270 I; its officers, employees, agents, volunteers and representatives are named as
additional insureds ("additional insureds") with regard to liability and defense of suits
arising from the operations and uses performed by or on behalf of the named insured.
2. With respect to claims arising out of the operations and uses performed by
or on behalf of the named insured, such insurance as is afforded by this policy is primary
and is not additional to or contributing with any other insurance carried by or for the
benefit of the additional insureds.
3. This insurance applies separately to each insured against whom claim is
made or suit is brought except with respect to the company's limits of liability. The
inclusion of any person or organization as an insured shall not affect any right which such
person or organization would have as a claimant if not so included.
4. With respect to the additional insureds, this insurance shall not be
cancelled, or materially reduced in coverage or limits except after thirty (30) days written
notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana,
California 9270].
(Completion of the following, including countersignature, is required to make this
endorsement effective.)
Effective
Policy #
Issued to
, this endorsement form as a part of
Named Insured
Countersigned by
Authorized Representative
I . . I DATE (MMIDDNY)
ACORO," CERTIFICATE OF LIABILITY INSURANCE 09/15/06
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Dealey, Renton & Associates ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
P. O. Box 10550 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Santa Ana, CA 92711-0550
714427-6810 INSURERS AFFORDING COVERAGE
INSURED tlNSURER A: Zurich American Insurance Co.
American Homeland Solutions INSURER B: American Automobile Ins. Co.
2401 E. Katella Avenue, Ste. 300 INSURER c: XL Specialty Insurance Co.
Anaheim, CA 92806 INSURER 0:
, INSURER E:
Client#. 6540
WILLDAN
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REOUCED BY PAID CLAIMS.
I~~:I TYPE OF INSURANCE POLICY NUMBER Pg~fEY/~~55~~ p~h.lfl ~:lCCWN LIMITS
A ~L LIABILITY GL0904316300 11/09/05 11/09/06 EACH OCCURRENCE .1 000 000
X COMMERCIAL GENERAL LIABILITY FIRE DAMAGE (Anyone fire) .1 000 000
I l CLAIMS MADE [i) OCCUR INDP. CONTRACTORS MED EXP (Anyone person) .10000
X CONTRACTUAL INCLUDED PERSONAL & ADV INJURY .1000000
XlBFPD,XCU GENERAL AGGREGATE .2 000 000
n'~ AGG~E~E LIMIT APnS ,PER: PRODUCTS -COMP/OP AGG .2 000 000
POLICY X ':'8.9,: LOC
A ~TOMOBILE LIABILITY BAP904316200 11/09/05 11/09/06 COMBINED SINGLE LIMIT
0- ANY AUTO (Eaaccident) '1,000,000
, ALL OWNED AUTOS
L- BODILY INJURY $
L- SCHEDULED AUTOS (Per person)
0- HIRED AUTOS BODILY INJURY
X (Per accident) .
- NON-OWNED AUTOS
L- ~ PROPERTY DAMAGE $
(Per accident)
HRAGE LIABILITY AUTO ONLY - EA ACCIDENT .
( ANY AUTO OTHER THAN EAACC .
AUTO ONLY: AGG $
OESS LIABILITY EACH OCCURRENCE $
OCCUR D CLAIMS MADE AGGREGATE $
.
R OEOUCT'BLE .
RETENTION $ .
B WORKERS COMPENSATION AND WZP80936177 11/09/05 11/09/06 X WC STATU- I IOJ!;,-
EMPLOYERS' LIABILITY $1,000,000
E.L. EACH ACCIDENT
E.L. DISEASE -EA EMPLOYEEI $1,000,000
E.L DISEASE - POLICY LIMIT .1,000000
C OTHER Professional DPR9415196 11/09/05 11/09/06 $1,000,000 per claim
Liability $1,000,000 annl aggr.
DESCRIPTION OF OPERATIONSfLOCATIONSIVEHICL.ESfEXCLUSIONS ADDEO BY ENDORSEMENTISPECIAL PROVISIONS
General Liability policy excludes claims arising out of the performance of professional
services
Re: NIMS / SEMS Training
City of Santa Ana, its officers, employees, agents I volunteers and
(See Attached Descriptions)
CERTIFICATE HOLDER I I ADDmONALINSURED'INSURERL.ETIER: CANCELLATION T^^ . fnr "nn_ , nf
SHOULD ANYOFTHEABOVE DESCRIBED POLlCIESBECAHCELL.ED BEFORE THE EXPIRATION
City of Santa Ana DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TOMAlL3.D.--DAYSWRITTEN
Att: Brian Whitley NOTICETOTHE CERTIFICATE HOLDER NAMED TOTHELEFT, BUT FAILURE TODOSOSHALL
60 Civic Center Plaza 1M POSE NO OBLIGATION OR LIABILITY OF ANY KINO UPON TH E INSURER,ITS AGENTS OR
Santa Ana, CA 92702 REPRESENTATIVES,
, A~)r~~IZED REPRE2~~TlVE "
ACORD 25-S (7/97)1 of 2
#M142681
RLL
@ ACORD CORPORATION 1988
DESCRIPTIONS (Continued from Page 1)
representatives are additional insured as respects to General Liability as
required by written contract. Primary and Non-Contributing coverage, Cross
Liability coverage apply to GL as required by written contract.
(American Homeland Solutions)
AMS 25.3 (07/97) 2
of2
#M142681
"
Additional Insured - Automatic - Owners, Lessees Or
Contractors - Broad Form
~
ZURICH
Policv No. Eff. Date of Pol EXD. Date of Pol Eff. Date of End Producer Add'l Prem. Return Premo
G L09043I6300 11/09/05 11/09/06 11/09/05 Dealey, $ N/A $ N/A
Renton .
THlS ENDORSEMENT CHANGES THE POLlCY PLEASE READ IT CAREFULLY.
This endorsement modifies insurance provided under the:
Commercial General Liabili,ty Cov~rage Part
A. WHO IS AN INSURED (Section II) is amended to include as an insured any person or organization whom you are required
to add as an additional insured on this policy wider a written contract or written agreement.
B. The insurance provided to additional insureds applies only to "bodily injury", "property damage" or "personal and advertis-
ing injury" covered under Section I, Coverage A, BODILY INJURY AND PROPERTY DAMAGE LIABILITY and
Coverage B, PERSONAL AND ADVERTISING INJURY LIABILITY, but only if:
1. The "bodily injury" or "property damage" results from your negligence; and
2. The "bodily injury", "properly damage" or "personal and advertising injury" results directly from:
a Your ongoing operations; or
b. "Your work" completed as included in the "products-completed operations hazard', performed for the additional
insured, which is the subject of the written contract or written agreement.
C. However, regardless of the provisions of paragraphs A. and B. above:
1. We will not extend any insurance coverage to any additional insured person or organization:
a. That is not provided to you in this policy; or
b. That is any broader coverage than you are required to provide to the additional insured person or organization in
the written contract or written agreement; and
2. We will not provide Limits of Insurance to any additional insured person or organization that exceed the lower of:
a. The Limits ofInsurance provided to you in this policy; or
b. The Limits of Insurance you are required to provide in the written contract or written agreement.
D. The insurance provided to the additional insured person or organization does not apply to:
1. "Bodily injury", "property damage" or "personal and advertising injury" that results solely from negligence
of the additional insured, or
2. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering or failure to
render any professional architectural, engineering or surveying services including
U-GL-1175-A CW (9/03)
Page J of2
.... ...
a. The preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys,
field orders, change orders or drawings and specifications; and
b. Supervisory, inspection, architectural or engineering activities.
E. The additional insured must see to it that:
1. We are notified as soon as practicable ofan "occurrence" or offense that may result in a claim:
2. We receive written notice of a claim or "suit" as soon as practicable; and
3. A request for defense and indemnity of the claim or "suit" will promptly be brought against any policy issued by
another insurer under which the additional insured also has rights as an insured or additional insured.
F. The insurance provided by this endorsement is primary insurance and we will not seek contribution from any other in.
surance available to any additional insured person or organization unless the other insurance is provided by a contractor
other than you for the same operations and job location. Then we will share with that other insurance by the method de-
scribed in paragraph 4.c. of SECTION TV - COMMERCIAL GENERAL LIABILITY CONDITIONS.
Any provisions in this Coverage Part not changed by the terms and conditions of this endorsement continue to apply as writ-
ten.
U-GL. 1175-A CW (9/03)
Page 2 of2
ACORD.. CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DDIYY)
11/10/06
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Dealey, Renton & Associates ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
P. O. Box 10550 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW,
Santa Ana, CA 92711-0550
714427-6610 INSURERS AFFORDING COVERAGE
INSURED INSURER A;, Zurich American Insurance Co.
American Homeland Solutions INSURER B: American Automobile Ins. Co.
2401 E. Katella Avenue, Ste. #220 INSURER c: XL Specialty Insurance Co.
Anaheim, CA 92806 INSURER 0:
-L A.-;).Dolo - ),03 INSURER E:
Cllent#: 6540
WILLDAN
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID ClAIMS.
f:: TYPE OF INSURANCE POLICY NUMBER P8~Y/~'J~g~ P%~fl,T::Io~~N UMlTS
A GENERAL UABILrTY GL0904316301 11/09/06 11/09/07 EACH OCCURRENCE 11 000 000
-
X COMMERClAlGENERALLIABILlTY FIRE DAMAGE (Anyone fire) 11 000 000
...;...:.... n Cl.AIMS MADE [X] OCCUR INDP. CONTRACTORS MED EXP (Anyone person) 110000
~ CONTRACTUAL INCLUDED PERSONAl & ADV INJURY 11 000 000
~ BFPD, XCU GENERAl AGGREGATE 12 000 000
GEN'I... AGG:Eril LIMIT APPLIES PER; PRODUCTS.COMP~PAGG 12 000 000
Ii POLICY X ~r& r=f LOC
A AUTOMOBILE UABILITY BAP904316201 11/09/06 11/09/07 COMBINED SINGLE LIMIT
X- ANY AUTO (Eaaccldent) 11,000,000
~
ALL OWNED AUTOS BDDIL Y INJURY
~ I
SCHEDULED AUTOS (Perpertlon)
X- HIRED AUTOS BODILY INJURY
X- I
NON.OWNED AUTOS (Persccldent)
-
PROPERTY DAMAGE I
(Peraccldent)
GARAGE L1ABIUTY AUTO ONLY. EA ACCIDENT I
~ANY AUTO OTHER THAN EA ACe I
AUTO ONLY; AGG I
EXCESS UABILITY EACH OCCURRENCE I
P OCCUR 0 CLAIMS MADE AGGREGATE I
I
R DEDUCTIBLE I
RETENTION I I
B WORKERS COMPENSATION AND WZP80945444 11/09/06 11/09/07 X IT~$I~J,~s I IOJ~.
EMPLOYERS' LIABILITY 11,000,000
E.l. EACH ACCIDENT
E.L. DISEASE. EA EMPL OYEE 11,000,000
E.L. DISEASE. POLICY LIMIT 11,000000
C OTHER Professional DPR9600717 11/09/06 11/09/07 $1,000,000 per claim
lability $1,000,000 annl aggr.
t /)pJ, ,/. /
DESCRIPTION OF OPERATlONSJLOCATlONSNEHIClESlEXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS ?v / 117
General Liability polley excludes claims ariSing out of the performance of professional
services
Re: NIMS / SEMS Training
City of Santa Ana, Its officers, employ~es, agents, volunteers and
(See Allached Descriptions)
CERTIFICATE HOLDER I I ADDmONAl..lNSURED'INSURERLETTER: CANCELLATION Ten dor Non_
SHOULD ANYOFTH E ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
City of Santa Ana DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TOMAIL3.0..--oA'I'SWRITTEN
All: Brian Whitley NonCEToTHE CERTIFICATE HOlDERNAMEDTOTHELEFT, BUTFAlLURE TOOOSOSHAl..L
60 Civic Center Plaza IMPOSE NO OBLIGATION ORL1ABlLITYOF ANY KIND UPON THE INSURER,ITS AGENTS OR
Santa Ana, CA 92702 REPRESENTATIVES,
A~~~~!ZED REPRE~Anv~ 0
ACORD 25-5 (7/97)1 of 2
#Ml77950
RLL
@ ACORD CORPORATION 1966
".
representatives are additional Insured as respects to General Liability as
required by written contract. Primary and Non-Contributing coverage, Cross
Liability coverage apply to GL as required by wrltt~n contract.
(American Homeland Solutions)
AMS 25,3 (07197) 2
of2
#M177950
(-$5Z/1
Additional Insured - Automatic - Owners, Lessees Or
Contractors - Broad Form
@
ZURICH
Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer Add 'J. Prem Return Premo
pL090431630 I 11/09/06 11/09/07 11/09/06 pealey, Renton $ N/A $ N/A
& Associates
TillS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
This endorsement modifies insurance provided under the:
Commercial General Liability Coverage Part
A. WHO IS AN INSURED (Section IT) is amended to include as an insured any person or organization whom you are required
to add as an additional insured on this policy under a written contract or written agreement.
B. The insurance provided to additional insureds applies only to "bodily injury", "property damage" or "personal and advertis-
ing injury" covered under Section I, Coverage A, BODILY INJURY AND PROPERTY DAMAGE LIABILITY and
Coverage B, PERSONAL AND ADVERTISING INJURY LIABILITY, but only if:
1. The "bodily injury" or "property damage" results from your negligence; and
2. The "bodily injury", "property damage" or "personal and advertising injury" results directly from:
a. Your ongoing operations; or
b. "Your work" completed as included in the "products-completed operations hazard",
performed for the additional insured, which is the subject of the written contract or written agreement.
C. However, regardless of the provisions of paragraphs A. and B. above:
1. We will not extend any insurance coverage to any additional insured person or organization:
a. That is not provided to you in this policy; or
b. That is any broader coverage than you are required to provide to the additional insured person or organization in the
written contract or Mitten agreement; and
2. We will not provide Limits of Insurance to any additional insured person or organization that exceed the lower of:
a. The Limits ofInsurance provided to you in this policy; or
b. The Limits of Insurance you are required to provide in the written contract or written agreement.
D. The insurance provided to the additional insured person or organization does not apply to:
1.
"Bodily injury", "property damage" or "personal and advertising injury" that results solely from negligence of the addi-
tional insured; or
?:6 3 It;
Includes coDvriohted material of Insurance Services Office, Inc. with its permission.
U-GL-1175-A CW (9/03)
Page 1 of2
"
2. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering or failure to
render any professional architectural, engineering or surveying services including:
a. The preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field
orders, change orders or drawings and specifications; and
b. Supervisory, inspection, architectural or engineering activities.
E. The additional insured must see to it that:
I. Weare notified as Soon as practicable of an "occurrence" or offense that may result in a claim:
2. We receive written notice of a claim or "suit" as soon as practicable; and
3. A request for defense and indemnity of the claim or "suit" will promptly be brought against any policy issued by an-
other insurer under which the additional insured also has rights as an insured or additional insured.
F. The insurance provided by this endorsement is primary insurance and we will not seek contribution from any other in-
surance available to any additional insured person or organization unless the other insurance is provided by a contractor
other than you for the same operations and job location. Then we will share with that other insurance by the method de-
scribed in paragraph 4.c. of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS.
Any provisions in this Coverage Part not changed by the terms and conditions of this endorsement continue to apply as writ-
ten.
'fJf5 i! Ii
U-GL-1175-A CW (9/03)
Page 2 of2