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HomeMy WebLinkAboutTORRES MAINTENANCE CO. 4 ~ AGREEMENT TERMINATION A Please complete this form when the attached agreement is no longer in effect. Return form to the Deputy Clerk of the Council (M-30). Call 647-5237 if you have any questions. ------------------------------------------------------------------------------------------ ------------------------------------------------------------------------------------------ Date: ~ ..... ~ ~ PO ~ i1. \~~-\ I ~ (71 0 G- fp/~of <:xi' The agreement with I No. c-1'<Sl'?~11 J AI~ ~ fr)7, / .2..t OYJZ.,;;;I~ was completed on ; and final payment has been made. Department: Sig natu re: City of Santa Ana Clerk of the Council Re~sed 06-14-D7 < INSURANCE ON FILE WORK MAY PROCEED UNTIL INSURANCE EXPIRES o~/-O? CLERK OF COUNCIL2G07 OATE~O\J 8 0'. PoliceCZ; Ley' BfOV'lf\ N-2007 -128 CONSUL T ANT AGREEMENT THIS AGREEMENT, made and entered into this lih day of October, 2007 by and between TORRES MAINTENANCE CO., a California 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"). RECIT ALS A. The City desires to retain a consultant having special skill and knowledge in the field of removing lead from and cleaning shooting ranges. 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 Cons'l1t:mt ..,l-,,, 11 f1.~rt()rm th,,~c servi,p'O 'lS set forth in Exhi~it A to this A~!TeemeT1t 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges set forth in Exhibit A. The total sum to be expended under this Agreement shall not exceed $10,500.00 annually, during the term of this Agreement. b. Payment hy 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, 2008, unless terminated earlier in accordance with Section 12, below. The term of this Agreement may be extended for an additional one-year period upon a writing signed by the Chief of Police and the City Attorney. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter 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. 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 l>nrl;lv ~nd rcrsomll iniury, incln:hlg dC3tn fPsulting therefrom, and property d;1mage. in tnc tnt"l amount of $1 ,000,000 per occurrence. Consultant shall supply City with a fully executed additional insured endorsement in substantially the form attached hereto as Exhibit B upon execution of this Agreement and shall be approved in form by the City Attorney. b. 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 3grees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. c. 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. 2 (jii) 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. d. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 6. INDEMNIFICA TION 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 challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. 7. C01\TVHl11'N'1'l^, fTY 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. 3 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: Chief of Police City of Santa Ana 60 Civic Center Plaza (M -97) P.O. Box 1988 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: Torres Maintenance Company 29124 Highplains Court Castiac, California 913 84 Telefacsimile (661) 257-0179 Attn: James C. Torres A party may change its address by giving notice in writing to the other party. 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 4 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 ofa 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 5 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 Agreemen~ 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 fac~ 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. II II II II II II II 6 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: CITY OF SANTA ANA ~~~ City Manager APPROVED AS TO FORM: JOSEPH W. FLETCHER City Atto~y /1 RECOMMENDED FOR APPROVAL: CONSULTANT ; ; \...j-. c'( :.. "A l1- \J --~-j--------~:------------ - l'I'~uL ~\i1. \V r\.L 1 Ll'\...) Chief of Police ! ./ f c; 0 ~ /1/ .5~ t; r 7 EXHIBIT A SCOPE OF SERVICES Consultant shall annually complete the following maintenance services for the Super Trap type backstop at the Santa Ana Police Department Shooting Range: 1. Upper (30 feet) and lower range (30 feet) will be cleaned, up to 60 feet total. 2. Staging area for equipment will be required before start of job, 11 Ov outlet, water and repair area. 3. Bring down up to 18"-24" of rubber media, using Consultant's equipment separate rubber media from lead, place clean rubber back on slope. 4. All lead removed from cleaning will be placed in barrels. 5. Barrels will be moved and scheduled for pick up from the SAPD facility. 6. Cleaning of range site upon completion, pitch and groom slope, refill hopper baffle if applicable. 7. Any calcium bicarbonate, if applicable, will be applied to Range bullet containment area. All work will be completed during normal business hours (9:00 am - 5:00 pm). FEE SCHEDULE Total compensation to Consultant for labor and equipment shall be $9,500.00 during the 2007-08 fiscal year. City will pay applicable lead disposal and permit fees. If the parties agree to extend this Agreement beyond the 2007-08 fiscal year, the following fee schedule shall apply to subsequent terms: Fiscal year 2007-08 2008-09 9,500.00 10,500.00 8 . 01/01/2003 14: 08 1a/26/2037 15:04 1a/~2oe1 10.~~ 818-778-5525 81S71l~3B8B Cifjl:Z~D2:77E1 SUNQUEST AIR CHARTER IN5I.JRAI'CE: &VCS IJlIlIt1It lilt. PAGE 02 PAGe: 01/B1 ...... 1 eJ 1 a lXBIBIT B A.DIJITI~ ~ 1lNnn~~ 'PaR. ~"'''''[OI'!NDAL lJ..A.1JI,.lTY POtrY I'IIWIMO COIIpRD)' __ PeAl,! S';t./.. pr.( (J,~' this RI~ mt'ldtf'-1UOb tuunnace II . aflbrded bJ tH ~ ~'Po_ ;+ ~ S"t){ 2.~ft nladq lob ~ 1. TIaI Cfty of.... Am, 10 CMc eem.,.,.... A.., ~ 92701; jt. ~ ampJoylMl........ wM\lII8r'Ift .tp1'ClMlll1Mlld ...... .1ddJIioMI ~ .. C'........ h-l..-,with rtpnI to Hl\lllit ad ~ t1l1lllll.... ... tile .... dd .... ..,..tlw,Md by or Oft bIMIf oldie..... iIIDlId. 2. With _pec:t to ... arilllq Olle otth ""'.1IIIt perforaW4 by or 00 btlWfoftM .....811 tr-red.-" ~. it db'- by"'" polk!)' II""" .. tI Nt .~ to 01' ClUI'ltrttwtlDA'" ., odIer fnIuNl10f ...... 'by - In'dID baIdt.,.... IIddttInnaI. ...... 3. TbiI iwWI- ...... .....bIt.r to .-hl:at\nd ...... ... It .... Of _It .........~ witIl ~to rile ~ u.;w of..... "nwt IDoluIklB at.,y ......~. an __.....not lftIIot l"" dt'ht....... >>- at or.....tltID ..... e.v.... ~ if_. ~ 4. ~ttt ~ to the ~I ~. thIe lft.4I...... not" ...u.." or rntIIINtly reduoad in ooWfIP or liaUla ~t Ibrtkht1 (30) ..,. wriIM. ... .. .. given ., tbc CIty of. sora.ArlA, 20 Ctwto etaten' Plat, S.... AM., c...- ,.r701. (~oftht ......,.1IM:IIIdiaI ~ II r.eq\Ibal to... dill.....,.. e.fItaIlvo.) . =- ~..~;{~- lslIued CiO __ :;. ~ _A . tIdI ~ 4~ tWnt.. . pitt uf ~--~~.c; r. "-1#-1)' NMMd .... ~ ColaIIonlpolIW r . , . \ ArT'~ If/hI /.jA~ AC.OElQ.TI' CERTIFICATE OF LIABILITY INSURANCE I DATE (MMlDgr(VI 9/29/2007 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICAtE DOES NOT AMEND, EX1'END OR ALTER THE COVeRAGe AfFOROED BY TH!: POLICIES BI:LOW. PROPUCEFl IMPERIAL INSDRANCE AGENt~Y 22938 LYONS AVE SAN'fA CLARITA (661) 290-2777 CA 91321 CASTAIC COVERAGeS CA 9U84 INSURERS AFFORDING COVERAGE INSURER "" Penn Star Insurance Company INSURERB: PROGRESSIVE INSURANCE COMPANY INSURER C; INSURER D; INSURER 5; IN5UFlSO TORRES MAINTENANCE COMPANY 29124 HIGHP1AINES CT iHe POLICIES OF INSURANCe; I,.ISTE:O aELOW HAVe BEEN Issue;p TO THe INSUREO NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITI-ISiAIIIOllIIG f>IoiY REQUIREMENT, TERM OR CONDITlON Of' N-4Y CONTRACT OR oiHER DOCUMENT WITH RESPECT TO wHICH THIS CERTIFlCAiE! MAY BEi 1S$IJ~P OF! MAY PERrAIN. Ti'lE INSURANce AFFOADED BY THE POLICIES oeSCRIBED I-IElRclN IS sue.J1:Ci iO All. THE TERMS, exCLUSIONS AND CONDITIONS OF SUCH POL.ICII:s. AGGREGATE LIMITS SHOWN MAY JolAVLi EleEN REDUCED 8Y PAlO CLAIMS. INSJII TYPE OF INSUIlANCE POLICY NUMBER POucy EFfECTIVe POUCY EXPIRATION UMrrs L'tFl DATE IMMlDDlVY\ DA'I'e ruMJDOlYYl G~eilAL LIABIUTY EACH OCCURReNCE s 1,000,00 COMMERCIAl. G5NeRAL UABJUTY FIR5 DAMAGE (Any OI1e lire) ~ 100,00 CLAIMS MADE X OCCUR MeO EXP ("."y Oll~ palllOn I " 5,00 w A CI?S5012288 5/1/2007 5/1/200B PEIlSONAL a. p,DV INJURY S 1,000,00 GiiNERAL AGGREGATii S 2,000,00 GEN'L AGGREGATE LIMIT APpLli:S t>SA; t>ROOUCTS" COMP/Of' AGG s 2,000,00 POLICY I"tlO. LaC JECT AUYOMOIllLE LIABILITY COMrllNED SINlllLE LIMn' :, l,OOO,OO /lHY AUTO (E8 sccidElnt) AlL OWNED AUTOS aoOILY Ii'lJURY :$ X SC~IEDULED AUTOS 3/21/2007 3/21/2008 (Per per.;cn) B 084896860 HII'IEO AUroS BOOIL Y INJURY 'I NONoOWNED AUTOS If'&( ilCQld,;n11 PFlOPER~'Y DAMAGE . (P~r accldenll GARAGI! I.IABILITY AU'rO ONL V . EA ACCIDENT $ ANY AU'fO o'rHiiA THAN I'AACC $ AUTO ONL V: AGG S ElCCIlSS UABIUTV EACH OCCURRENCE $ OCCUR CLAIMS MADE AGlllREGATE $ S OEDUCTIl~LE s FlETeNrlOfll $ $ ", .~ ~~IliAWs OTH- WORKERS COMPENSA....ON AND ER eMPLOVEFlS' uAENUTY E,L EACH ACCIDENT $ 5.1,. DISEASe" EA EMPLOY,"F. $ E.l.. PISEAllE . POUCY LIMI~ $ OTi'lEFl \ !' T) .) .... ,;",M DSSCRlPTION 01' OPERATlONSlLOCATIONSlVEHICLIlSl~CLU5I0NS ADDED lilY ENDOFlSEMI'NT/SPECIAI. PROVISIONS ,~ ..L J .:.. "'- ),. .- -~ /I~ CA 92702 CANCeLLA'tION SHOULD ANY 01' 'l'HS ABOVEUSSCRIBEtl POUClSS Be CANCELLeD 8EI'OI'l15 l'till ellPlRATIC 'N WlTE 'tIlEREOF, THli ISStJlNCilINSUREIl Wll.1. ENDEAVOR TO MAIL ..} 0 . DAYS WJlITTl N NOrICE! TO THE CEIlT1I'lCATE HQu)1al NAMI!O TO llCil LEFT. BUT FAILURe TO 00 50 SHA' .L IMPOsE NO OBLIGATION OA UABlLtI'V OF ANV Kll/D uPON THE INSUFlER, ITS AGENTS ('II RePRESENT A TIVl!S. AUTi'lOillZED nEPRUI!NT;~ ~..- ~ CERTIFICATE HOLDER ADDI1l0NAl.INllUI'lI5D; INSUFlSR l.eTH;I'l: CITY OF SANTA ANA POLICE OEPARTMEN'I' PO BOX 1981 SAN'l'A ANA ACORD 25-8 (7/97) IJ,4: LPWv1.9,B 0I191aaJ07 -11;31 ny UllBrNllmC't --" (!l ACORD CORPORATION 15188 PF V1 1),1 lJi': LPW v 1.9.8 on 9128/07 - 11 :31 by ~rNam9 Hll10 39\1d S:::>AS:3:::>N\1ClnSNI 888EP0L818 LE:ll L00l/8l/60 01/01/2003 14:08 . , , 1~/2b/2ee7 1::04 1Et/2W2007 10.:J~ 818-778-5525 81Snu3SSe 661Z~OZ77E:l SUNQUEST AIR CHARTER INSUR~E:SVCS I~IAL. ttXHmrr 9 ADO~ ll'!!VII'D MNnn~l~ POR. C()MMlttlr.t4.I. Omma..u. UAII!l.IT'( POLICY JMII'I1WO Coaptin)' __ f/!!.JJ,! Sm~ ~ p-r.( ~! ThIs ,AdcnlCfU1lt mod~ Db iDJunnIce .. it aftbrded by du!: ~ g' PoIWy 1# ~ ~() {2. ~n ntl8dllllo tbtI fbtkrwfD8; t. TIle City of SarI.ta ~ 20 Civfu ~ P,.., hnta Aaa,OiliA'nui. 92701; j" ~ owp~ ~_ voIII:Ibaerl.M l'fIP"lNltat:fvte ~ _Dud . ~l"'_ r......' In""" with ~ to IilbUlQ' .ad ~ or....... _ ttae opcmtoM am "'Be p.d'hllled by or Oft, bIIlllt oflhe 1MlUlI iIImId. 2. With l1IIpect to ~uo. BrilIIn& Dut of W .radolll and UM8 porfomw4 by or 0(1 bOMIf of the ~ad ~ IlSCh inruranoe.1t aflbrdtId by lMJ JIOlky I. .pmn.ty md ill J'Ot .~ to or oorttr!bwtiq 1ri* ..., c4er ~ utrlod by or 1br dIG beneftt fJtiM lIddittMaI mllH'lda. 3. Tbit ___1(lP1Ia ~lIlf1 tli IIl&lh mI\Wd ... dt8 claim It ..... Of aUt It bto'qbt.cepe with IelIpIlCttD the ~ HmitI ofilbllky. nwtlDclUfffe of"'Y ptllOlllllt ~ . ad.....1IbaJI not lfIaot lIlY dtb1 ~ -ll"ftOIl 01 oc,..~tUlo tIrQQ~ haw 8t . oJnotQt U' QOt 10 iwulDded. 4, WIth resp;ot; to tlIt tdctitit)ttllll~, tMe 1M.tI'lMO.... not" OIMIltJed, (It' ~Iy r.edUOQd in OOYt.ltl,P or liJlrita OXCCIpc Ibr thirty (30) dayt wriaeD. nodoo bit been given 1(1 the CIty or sora ~ 20 CMo Ct,vatcr PlIza, S.na AI., ~ mot. (CompJ~ Qftht fo~ tlldDdfq Comt~,1I1eqldmll1O Db tWa ~ e1IIotlvo.) . B~ I~~%~ hllcy" c,.,s 1ssJcd to _ -:r~1!:r . .. _*__ tbrnl.. . pWt of :~ -. . ~--~~"".c:- .ca.....~ NIIIllOd __ Co-....~ ~- , PAGE 02 PAG: tll/iJl I"'Ae[ lfJ/lD 01/01/2003 14:08 818-778-5525 la/2G/2ee7 15:04 81S70~3S8a 1012G/200? 10.;;;~ Cifj12~0277€l SUNQUEST AIR CHARTER INSiJRAl'CE: SVCS IJft:lItlAt.. PAGE 02 PAGE 01/81 I"'MI[ 111/1 D 1!XHmrr B ADDm~ .ll!BVQP 1INDO~fJ~ FOR.I"nUUll:1lM 4.1. O~ UJ.111J,.'(J"'{ POLICy IIIftMO COIIpRn)' __ Pi!!JJ,! .$"17\,( pr..( (),,~, TIlls n~ modtfW I1JOIl tIlJunmce . . aflbrded "I. ~ ~'PoHoy ~ ~ S-() l2..:tU nladq &0 tbD fbbowtaa: 1. TIae City of5ala ~ ~ CMo ~ '!qa, hQtI Atla, OtUbDil92701; i,. ~ ompJoyeee.... WlL.fMtIeM reprcIMlfi1MJl...... . ~ ........ r........ tu...rd") with ~ to u.blll~.1M! ~ of...... ... tile opcnda:II alld QPll ~,_ by or Oft blMlf af'~o DCtdIanrld. 2. Wllh .pec:t to .. al'il4l:q out of tb .... edd UIItI pcrlorawd by or oa l:dIaifGfrhe ....&!d ~ Dh inNl'lDOfl. illdImlId by G* poUey II prImtry Illd it '* .~ to or CIOIItriMIIq'" ., odler....... ctIItIod by or..... bcna!It .r.... 1lddttInnal...... 3. ". ___-.... .....bIt1-1IIUlh I:aIWId .... w>>a c.... It .... Of _It ~.CIpI widlllSlJlNld to die 00IJlI*I}'a JimiW oflilbllky. 'I1Ie IDolUMD Df.,y I*IOft . ~ .1UlJ.md1ball not lflIDot lny dt'ht...... ,... ell Of....W.tioD .... haw ....... <<_ ~ t.:tadMt. 4. Wllh resp:crt to tlte ~I ~. _ ~..... not" ..,.lted, or mtltINlly rafuoad in OGwtIP or liaUII ~t I" ddrty (30) dlq1I wriIIe1l DC.ldoo '- '"*' giwn to tbc CIty or.sora~ 20 CMo ~1m'Plaa. S... Aa, ~ !mOl. (~ofthe fU.....lJu:Dlaac~' 1I1eq1lba1 toDbtWI ~ eIIIatlvo.) . IlfBlotlw I'~ . ......... tar:n&.. . plitt uf hlley' c,s --:r-.,;eA~ =_A ' lsPdtG__ _ _-1:. ~~--~~~...c: CA.-IJL.<}' N..-__ ~-.-~~ , 01/01/2003 14:08 818-778-5525 le/2G/2ee7 15:04 81B70~)S88 1a/2e;2~7 10;~~ e61z~UZ77e SUN QUEST AIR CHARTER I NSURAl'CE: SVCS I~IAL UXHmtr B ADDtm'IlAL ~ WNOO~8~ POR. ~4.[. ofJNUAL ~I~ POLICX r..... CclfIpm)' __ Plf-N,J S't.?\,(.P""..c; ~! Thi. Ncn.Cf'II.t1lt modtf'el Db tDIunmee II. aflbrdcd by tJuo: ~ o'PolWy ~ ~ $"(J (2~,ft __10 * fbtfowfu8; t. TIle City of'" ADt, 20 CM'o c~ PIQa, hnIia A..., OiIUbmi. 92701; i. ~ omployees. ~ w111ll16m mf ~tatlvea...1IIUId .. ~.... r~ ~witf1""" to HlWlli1lM ~ of....... _ the opentWII add "'lIS ~/Md by or Oft. bllNatf oftM"..1amtd. 2. With l'IIpec:t to aUdl arillln& D~t of thlI.radmlIltJ:\d UM8 pclI'forawd by at oa batwlfofthe Ml'Cld ~ IUh mNl'lnoe. it afIbrdId by"'" poUq it pma.rr Iftd ill,.. .rJdItIImIaI. to or oorttrlbwtlq". ., oC5ler ~ llldrlod 'by or ftrr ... beneftt r;t.... IdditInnaI ~..... 3. TbiI ~_1(lP1teI ~ _1Oh I:DI\Wd ....va c:hdm It ... Of _II bro'qbt.ctp with ~tu die ~ 1iIIliW of~. 11wI1DcluticD of.,y I*lOl'. at 6l~ . an JNanclIbaII not tftIDot.ny ........... JltlI*II CIt ~w.tioo ~t.ve.. .~if_ __1DdMl 4. ~fh ~ to tlI4J tdditimtIt I~, tMe ~.. not" oMlCelled, (If' mtl'IlNJly raluoOO m oowtQt or liJIUD ~t a. thirty (30) dI.yI wriIIeca nodao bit "'" givon fCI tbc CIty ~ Sura Ana, 20 CMc o.lcr Plna, SIfIbt AtxI., ~ ,.r101. (~ofttw IOIlo'triIIe ~III C01M~, II J:eqIIlnld to Db tWa ~ cft'Iatlvo.) . Btftlcttw /"~ hl""" ~ Ch ~ :r 1.-1 to ~~ . ......... fbtm. .. l pWt of ~ ~--~~("'..,c; CA.w~ N... __ ~~~~.. , PAGE 02 PAGE ellln ~ HlJ lD .' ~f'{fJ 0" ~~/ _/ 'EXHIBIT B APDI1'lONAL.JtlSYlYID EN...DORSEMENT FOR COMMERCW, GENF,R.A.L UABILITY POLlCY Insurance Company ~ peN" 577\1... J:"r..J. a,~Nl This endouement modUles such inSU1'8nCe as is afforded by the provisiotlS of'Policy # cp.s 5'0 I 2.. 2~ rclatinS to the foUowing: 1. The City of Santa Ana, 20 Civio Center Plaza, Santa Ana, CalifoTllia 92101; its officers, employees. al!leDts~ volunteers and representative:i ate na1llOO as additional iMUtedS ("additional insutedslt) with regard to liability and defense of suits aTi$ing from the operations and uses perfutmed by or on bebalf of the named insured. 2. With respect to claims ariain,g out of the operations and \16eS performtd by or on bebalf of the named insured. such insurance as is lIfford.ed by this policy is pri.marY and is not add1'tiooal to or contributing with any other insut'Ol.Ule carried by or for the benefit of the additional insareds. 3. This insurance applies separately to ~ac:b insured asainst whom "lDim is made or suit is broUght ~cept with respect to the cOll1pany'~ limits of liability. The inclusion of any person at orga.nization as an insured shall not affect my right which suoh person or organization would have BIJ l\ ~laima:nt 1f not so bleluded. 4, With resj1eCt to the add;t;nnal insUf(lds, this insul'Mlcc shan not be canoelled, 01' materl.ally roouocd in covorage or limit& IIlltcept a&r thirty (30) days writasn notice bas bccm given to the City of Santa Ana, 20 Civio Conter Plaza, Santa Anaf Californja 9270l (Completion Qfthe follo\YinS. iMlUding COWlterSignatl.1ro, i~ Rquired to we this eAdol&mmmt effective. ) EtreoIiv. . /.t> ~ ~ ~ .,. ~ -' this ..,lDlflOlllOlllfoJm .. · part of Poliay#~P5 ~~~;g~ ~- . Issued to _ . t:?~~:r -;::::;;-1'1/ ;;~.J~r-,c' ~~j< Named Insured eo....,aigoodby ~~ !) 10/10 39\;;id i\;;iICJ3dWI 0LLG06G199 EE:11 L00G/0E/01