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HomeMy WebLinkAboutDEKRA-LITE 2~~J AGREEMENT TERMINATION Please complete this form when the attached agreement is no longer`iri effect. ~% Return form to the Deputy Clerk of the Council (M30). Call 647-5237 if you have any gpestions. ---------- Thc agreement with ~p,~n _ ~~ No. /U ~ ~~(e - // was completed on (Q(~j~/(~ 5~ and final payment has been made. Department Signature: Date: Revised 08-28-0(i City of Santa Ana Clerk of the Council 1NSDFANCE ON FItE OF.i MAY PROCEED N-2006-112 ,~~TIL INSURANCE EXPIRES H-9' ~~~ CONSULTANT AGREEMENT CLERK OF COUNCIL DATE. /~-N'o4 p ~ 4'DR C 2? COane/~ ~lermdo) THIS AGREEMENT, made and entered into this 1s' day of November, 20065 by and between DEKRA-CITE, a California corporation (hereinafter "ConsultanP'), 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 consultatrt hating special skill and knorr~ledge in the field of installing holiday lighting and banners. R. Consriliant represents that Consultant is able and willing to provide such services to the City. C. In rmderlaking the performance of this Agreement, Consullturt reprosents that it is knowledgeable in its field and that any servrvices performed by ConsultanC under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NO~V TNEREFORF., in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: SCOPE OF SERVICES Consultant shall install, remove and store City owned decorations, as set forth in Exhibit A to this Agreement. 2. COMPENSA"PION a. City agrees to pay, and Consrdlant agrees to accept as total payment for its services, the sates and charges identified in Exhibit A. "Ihe total sum to be expended under this Agreement shall not exceed $8,900.00 during the term of this Agreement. b. Payment by Cit}~ shall be made as follows: • Fifty percent (50%) upon installation of decorations • Pifty percent (50%) upon removal and storage of decorations. Payment shall be made within seven (7) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made Ibr work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM fhis Agreement shall commence on the date first written above and terminate on June 30, 2007, unless terminated earlier in accordance with Seetion 12, below. The term of this Agrccment may be extended upon a writing executed by [he Assistant City Manager for Development Services and the City Attorney. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, he construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it he 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 axe the subject matter of this Agrccment; 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 similaz taxes relating to employees and shall be responsible for all applicahle withholding tares. 5. INSURANCE Prior to undertaking performance of work wider 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 insureds) and shall include, but not be limited to protection against claims arising Iiom bodily aztd 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 Agrccment, including, without limitation, acts involving vehicles. "Ihe amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1.000,000 per occurrence. Consultant shall supply City with a fully executed additional insured endorsement in substantially the li>rm attached hereto as Exhibit B upon execution of this Agreement and shall be approved in foml by the City Attorney. b. Business automobile liability insurance, or equivalcm form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owne~d_ 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 agaiust liability for worker's a~mpensation 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 insurmurce required above in Rill 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. ICConsultant fails or refi~ses to prutluce 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 tor, 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 tight 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 fur 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, subconnactors, agents, employees, or other persons acting on their behalf which relates to the services descrihed in section I of this Agreement. The Consuhant Curther 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, reguding any action by a third party asserting that personal injuq~, 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. 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 in£omtation except i^ 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. 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 Anv notice, tender, demand, delivery, or other commttnicalion pursuant to this Agreement shall he 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 iu this Section, to the following persons: To City: Clerk of the Council Citv of Santa Ana 20 Civic Center Plaza (M-30) P.U. Box 1988 Santa Ana. CA 92702-1988 telefacsimile (714) 647-G956 With courtesy coptes to: F,xeculive Director of the Community Development Agency City of Santa Ana 20 Civic Center Plaza (M-25) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 647-6939 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 Cunsultant: DEKRA-L1TE Marl: Roy 3102 W. Alton Avenue Santa Ana. California 92704 Telefacsimile (714) 436-0612 A pasty may change its address by giving notice in writing to the other pasty. If scut 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, drily registered or ceriiled, 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. Ibr purposes of calculating these time frames, weekends, federal, state, County nr City hulidays shall be excluded. 10. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement behveen the City and Consultant, and supersedes vny and all other agreements, oral or written, between the parties_ ht 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. l~he parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the teens 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 arc 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 Ciry and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this A~eement shall he construed to limit the City's abihty to have any of the services which are the subject to this Agreement perlbnned 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 compensaliun for all services performed by Consultant prior to receipt of such notice of temtination. 13. llISCRIMINATTON Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age.. national origin, tmecstry, 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. dhRiSDICTION-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 fiirther agree that Orange County, California, shall be the venue For any action or proceeding that may be brought or arise out of, i^ connection with or by reason of this Agreement. 15. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all ncecssary 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 Aua 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. 16. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties [o each of the terms of tlzis Agreement and shall indemnify City ftilly, including reasonable costs and attorney's lees, 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. h. Al] 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: -~ . l ~u ATR1C[A R. MEALY Clerk of the Council APPROVEll AS TO FORM: JOSEPH W.FLETCHF;R City Attorney ,~ ~, Laytt'a Sheedy Assistant City Attorney RECOMMF,NDED FOR APPROVAL: Ri ,~ LEPH& .HARKING Deputy Ctty Manager for Development Services CITY OF SANTA ANA `'bAVrn N. REnn'rJ l ~"~ City Manager CONSULTANT_~ ~~ ` ~~,~ MARK Vice President faxlD# 33' ~~~~~~~ ~ EXHIBIT B Alllll'fIONAL INSURED ENDORSEMENT b'OR COMMERCIAL GENERAL LIABILITY POLICY Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy {{ relating to the following: 1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; their officers: employees, agents, volunteers and representatives are named as additional insureds ("additional insureds") with regard to liability and defense of suits arising from the operatious 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 henefit 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 92701. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective Pnlicv fl Issued to this endorsement form as a part of Named Insured Countersigned by Authorized Representative ~~DEKRA-CITE ~ ~~~a. m ~a«w .=~~id4~a 3 f 02 W. ACTON AVE. SANTA ANA, CA 92704 PHONE: ')r 4.438.OJ06 FAX: "!14.436.0612 ffiLL TO: S:1NTA ANA DOWNTOWN DEVELOP. 305 E dTH STREET STE. 201 SANTA ANA CA 92701-4639 DAN ELL YIERCADO PHONE (714) 56~-4045 F.xt. 0000 FAX (7]4)647-649 Ext. 0000 PROPOSAL PRP009653 DATF, 6/I /2006 PAGE: 1 SHIP TO: SANTA AN.1 DOWNTOWN DEVELOP. 30J E 4TH STREET STE. 201 SANTA ANA CA 92701-4639 INSTALL DATE NOV 1-2.?, 200fi REMOVAL DATE lAN ~-20. 2007 PO Number Customer ID Salesperson ID Shippitg Method Payment Terms Req Ship Date Master No. R SAN028 SJ 1N8TALL 5050 0/0/0000 11,449 Quantity Item Vum her Description 71 PMIRS.Vi Pole Mount instnllatinq Removal anc Storage ofcustomcr-owned pole decorntions. 10 LABOKIKS Labor Ins[aGacion removal aid storage services of customervuwnedovarhead streamers. 370 LBC9C7WXCLXXSTK C9, I10 Vnlt7 Waa, Clear Bulb 1 REPIJKB[SH D¢COR Rcfurhish Decor Replacement of Flirters for Star Inserts Sturage. I SALESDISCOUNT Stiles Disco'anc Please sign and fax to 714-43 Fi-0612 we rropose M1«ebv to furnish wWOC[ aM/or labor completeN In azceroance wlVl above apeciecatton& for me zum of SOh pEWEIi DUc UPON ACCEPTANCE OF FROROSAL BALANCE AMOUNT DUE UPON INSTALLATION OR DELIVERY nN9 afkVYdM CIf[[ri0 «12. 0l StS Of L.Ai dIM M[4CYi r'Oe 9~drdr[« 1;017 Each Each F,ach F,ach iaan the inslatation Bate «betverv ca!e wleu sPecF.eb amve. ad reN tin fee. Am dmwnt rM eNa when rue. rs SubjeR tc a late Uargc KKa[iCnz f« a[ eECCRtron~ ard 1ae2rp lyh:i LYUa~Ne Rna[ re51 croact fca an arltibonal wrce. ui aatez eeetmee are vmjert;o r ~ aescrmee ware Nyl be wbl¢ct ee car amuml. owner rs rest 'tie 'tz rlanaoed or Icst tlue :C vaWMSm. 1P MS/EN015WTE. MV yYgem¢n[ urm tM dwar0 reMGlL21 W tnP dlEipdtGr mdy bP NMrN in anY tDW[ bdVillg Nr'SCS[gn nRROf Tne P'¢ViYX19 Pd~ In d^Jm3rCn Snau ce enurrtv'.u iu icaa momas fees ane tom >p~~i ~~ Stacey Jordan ~ ~I®~~ e->m ff rlot acrecteo wrtnm __ naY:. mi. pro-aosal may tie.dmbrawn pakra-Lne: prt¢ptyl[C Of gOpbSdL Tn¢ inanbuxl vgling VK Cmrrx: atcPnrz [I'.e a~t,vP Nut1NI aM rercifies ro 0.+k2~tR¢ Nat fIG or 5ne is durMrraM to enter n[0 N6 CCntracr on tIMaM Gf owner >rooertv awner wrnorneo agmr _. _.. Jrte. Bv. Unit Price Extended Price 579.00 55,609.00 $419.00 $4. L90.00 50.59 $159.30 $3li.00 $315.00 ls'l,4ro.o~~ (51,41ao71 Subtotal 58,8632.1 TaY $36.77 Freight 50.00 Total SB 900.00 54.468.38 S4 431-61 ACORD CERTIFICATE OF LIABILI DATE IMMmprrrrrl TY INSURANCE 11/e/aoo6 PRODUCER (626)275-3000 FAZ (626)273-0190 Goldea Pacific Insurance 9ervice6 GNIL CMIDFICONFERSISNOE RIGHTS UPONRTHE ICERTIF CA7E HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 181 W. Runtingtca Dzive Buita 200 IdOarOVia CA 9101fi-3494 INSURED INSURERS AFFORDING COVERAGE INSURERA GOldea Eag10 IIIB CCS•D NAIC# 10836 Inc. duatries I i INSURER e: , a Dekra-C te Avenue l m3URER C'. tOa 3102 W. A CA 92704 An INEURER D: a, Santa INSURER E'. CTIVFRACES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED rvAMtu Avuv¢ run me rMU.., .~~••+~ •••~•w-~ --~ °-• -~° ~ ~-- -~---- ~ -- ER DOCUMENT WRH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAV PERTAIN. REQUIREMENT, TERM OR CONDITION OF AN INSURANCE AFFORDED BV THE POLI V CONTRACTOR OTH CIES DESCRIBED HEREIN 6 SUBJECT TO ALL THE TERMS, E%CLU610NS ANO CONDITIONS OF SUCH POLICIES. THE AGGREGATE UMR6 SHOWN MAY HAVE BEE N REDUCED BV PAIDCLAIMS. ' pD FEOTNE POUCY EYPIRAnON L0AR5 INSR ADD L TypE OF INSURANCE LTR INSRO POLICY NUMBER DATE MIDD MTE MMIO odD, DDD 1 GENEMLLM01DTy , EACH OCCURRENCE B T 0 WMAGE O lOD, 000 X LOMMERCW.GENERAL LWBLITY PREMISES EB OCWmrca 000 5 A cuDns MADE ^X OCCUR , cBPe13965a 4/9/2006 4/9/3007 MED E](P aN c„oB B PERSONAL6AW INJURY B S, DOD, ODD X dodaotJble -0- 000 3 000 , , GENERAL AGGREGATE B PR000LT3-COMPIOP AGG 6 2x000, ODD GENLAGGREGATE DMRAPPLIES PER: X POLICY PRQ LOC AUT OMOBaE LIABRfTY COMJNNEO SINGLE LIMIT B 1,000,000 (Ee BvJde,U X ANY AUTO A ALL OWNED AUTOS CBP6139650 4/9/2006 6/9/2007 IiODILV INJURY B (PU PwBm) SCHEOULEDAUTOB HIRED AUTOS BODILY INJURY B IP&eccidenl) NONOWNEO AUTOS PROPERTY DAMAGE B (PefattMBnl) GAMCE MABILfTY AUTOONLY-EA ACCIDENT d OTHERn1AN EAACC e ANY AUTO AUTOONLY: pGG e E%CESSNMBRELN MPaILfTY EACH OCCURRENCE B 2,000,000 ~ AGGREGATE B 2, 000, DOD CLAD.16 MADE X OCCUR B COe]J9fi50 4/9/200fi 6/9/2007 8 A DEOUCnBLE X RETENTION f 10,000 MPENSAnON AND NC5 ~~ppT~U _ TO'PY UMW O B WOgKER6 CO EMPLOYERS' DABRRY E.L EACH ACCIDENT B ANY PROPPoETOPR'ARTNERE%ECUnVE DFDLER9AEMRER E%CLUDFDT EL DSEASE-E4 EMPLOYEE B If yBB, dnscnbe ubBT EL DISEASE-PyJGY LIMIT 6 A SPECIAL PROVISIONS hxlvx DTTIEa gpaipmeat Yloater CBPe139a30 4/9/2006 4/9/2007 T,...eaJRaec.e eavin. 50, 000 Hired P1Lyeical r.+-Te 50,000 DeIDBae DESCRIPTION DF OPERATION9ILOLATONSNEFIILLEBIE%C WBIONB ADDED BY ENDORSEMENDSPECIAL PROVISIONS ]US, ly¢Nntown Chriatma0 DOeoYatlone. C1ty ¢E Baste .9Ra, ite RttieaYe, aaployeea, ape¢te, volunteers and rapro0entativea aze included as additional iawrad ae xeapecta to the iaeurade epetationa sad oNDx iE required by Vrittea eeatraot Der the attached eneereemeat. 30 date NOC except 1D days l:ar ¢oa-payment of Dremium. ___.._.- SXODLD ANY OF THE ABOVE DEBCR1060 POLICIES BE CANCELLED BEFORE City of HantB Ana dP0iAn0N GATE THEREOF, THE ISSUING INSURE0. WILL ](t~~AYid(L)(YO(MAIL Attn: DBaJall 33BYCadO 3D DAYS WRITTEN NOTCE TD THE CERTIFlCAIE HULOER NAMED TO THE LEFT, 20 Civic Ceatar Plata, D7-25 Santa Ana, CA 92701 pU1HOR12FA REPRESENTATIVE Fritz MuttedMER ACORO 25 (2001/88) - - ®ACORD CORPORATION 7888 INSD251B1DB)BB ANS VMP MBn0e9B SClutlwe.Irc.IS001~Zr-0Sd5 PB0BI WR ADDITIONAL INSURED ENDORSEMENT' FOR CONIIvIERCIAL GENERAL LIABILITY POLICY Insurance Company Golden Eagle Insurance Company This endorsement modifies such insurance as is afforded by the provisions of PoHcv # CHP8139450 relating to the fallowing: L The Ciry of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its officers, employees, agents, volunteers and representatives aze named as additional insured ("additional insured") will[ regard to Hability 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 benefu of the additional insured. 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 organizaion would have as a claimant if not so included. ` 4. With respect to the additional insured, this insurance shall not be cancelled, or materially reduced in coverage or limits except after thirty (301 days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza. Santa Ana, California 92701. (Completion of the following. including countersignature, is required to make this endorsement effective.) Effective 11/8/06 ,this endorsement form as a pa:, of Policy # CHP8139450 Issued to Dekra-Lice Industries, Inc. Named 3nsure~ l ~ Countersigned by "~~2 ~~ Exhibit ~, Page 2 of 4 1 ACORD CERTIFICATE OF LIABIL ITY INSURANCE °ATE,MM/ODIYYYY) 10/13/2006 PRODUCER (626)275-3000 FAx (626)275- 0130 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Golden Pacific Insurance Services ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 181 W. Huntington Drive ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, Suite 200 Monrovia CA 91016-34 94 INSURERS AFFORDING COVERAGE NAIC# INSURED IN3URER A:_G_Olden Ea le Ins Cor 10836 Dekra-Cite Indus trigs, Inc. INSURER B~ 3102 W. Alton Avenue w3u RERc Santa Ana, CA 92704 INSURER D~ INSURER E' C(1VFRAf:FS 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 CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED 8Y 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. INSR AOD'L POLICY EFFECTIVE POLICY EXPIRATION LTR IN RO TYPE OFINSURANCE POLICY NUMBER DATE MbVDOM'I DATE MMIDO/YY LIMITS GENERAL LIABILRV EACH OCCURRENCE 3 1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES Ea occurrence 100,000 S A CLAIMS MADE ®OCCUR CBP8139450 4/9/2006 4/9/2007 MED EXP An one rson) 9 5,000 X deductible -0- PERSONALS ADV INJURY 9 1,000,000 GENERALAGGREGATE 5 2,000,000 GENL AGGREGATE LIMIT APPLIES PER; PRODUCTS-COMP/OP AGG S 2,000,000 X POLICY jECT LOC AUT OMOBILE LIABILITY COMBINED SINGLE LIMIT 000 000 9 1 X ANY AUTO (Ea ecddmt) , , A ' AU OWNEDalrros CBP3139450 4/9/2006 4/9/2007 BODILYIwuaY SCHEDULED AUTOS (Per P~$O") 3 HIRED AUTOS BODILY INJURY NON-0WNED AUTOS (Per student) S PROPERTY DAMAGE S (Per acddenp GARAGE LIABILRY AUTO ONLY-EA ACCIDENT s ANY AUTO OTHER THAN EA ACG 3 AUTO ONLY: AGG 3 EXCESSNMBRELLA LIABILITY EACH OCCURRENCE 3 2,000,000 X OCCUR CLAIMS MODE AGGREGATE 3 2,000,000 S A DEDUCTIBLE cuB139660 4/9/2006 4/9/2007 3 X RETENT)ON $30,000 S WORKERS COMPENSATION AND ' pp TTUU TORYTIMIT3 OER EMPLOYERS LIABILITY ANY PROPRIETOlLPARTNERIEXECUTIVE EL EACH ACCIDENT 3 OFFICER/MEMBER EXCLUDED? II EL DISEASE - EA EMPLOYEE 9 yes, de3pibe under SPECV~L PROVISIONS belay E.L. DISEA3E~POUCY LIMIT 6 A OTHER Equipment Floater CBP8139450 4/9/2006 9/9/2007 teased/Rented Equip. 50,000 Hired Physical Damage Limit 50,000 DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLESIEXCLU310N3 AOOED BY ENDORSEMENTI3PECIAL PROVISIONS City of Santa Ana, Its officers, employees, agents, volunteers and representatives are included as additional insured as re apacta to the insureds operations anfl ONLY if required by written contract per the attached endora errant. 30 days NOC except 10 days for non-payment of premium. City of Santa Ana Attn: Danell Maxcado 20 Civic Center Playa, Santa Ana, CA 92702 ACORD 25 {2001108) INS025 (Oioeyoo AMS SHOULD ANY OF THE A80VE pESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING IN3URER WILL ~6~1J(c~€JC3F-C MVvAIVvL 3 D DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, alYex M- 2 5 ~)G~afrasl6~zlYa61YI~Bl6ksXl~4~'i,ZE~6MXrz~'iXA~5~i~4~4~CditdCll4YoKIY~MJ411't=7C itz Mutter/MER ' O ACORD CORPORATION'1988 Ina (800)32].0545 Page t oft ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY POLICY Insurance Company Golden Eagle Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy # CBP8139450 relating to the following: 1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its officers, employees, agents, volunteers and. representatives are named as additional insured ("additional insured") with regard to Iiability and defense of suits arising from. the vperations and uses performed by or on behalf of the named insured. 2. With respect to claims arising out of the operations and uses performedby or nn behalf of the named insured, such insurance as is afforded by Yhispolicy is primazy and. is not additional to or contributing with any other insurance carried by or for the benefit of the additional insured. 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 insured, 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 92701. (Completion of the following, including countersignature; is required to make this endorsement effeetive:) Effective 10/13/06 ,this endorsement form as a part of Policy # CBP8139450 Issued to Dekra-Cite Industries, Inc Named Insured/6t~ ~~ii11 ff A Countersigned t,y Exhibit ~, Page 2 of 4 i~~ 2/~