HomeMy WebLinkAboutBOND LOGISTIX, LLC - 2008City of Santa Ana
%i SO Clerk of the Council
AGREEMENT TERMINATION FORM
COTC Office Use Only
Please complete this form when the attached agreement and all
amendments (if any) are no longer in effect.
Return form to the Clerk of iha Council Office (M-30).
The agreement with
No. 2 L?J rf - y ;,::M5wc:3s completed on ?? ?? ?%` and Finol payment hos been made.
(List all amendments. Use space below if needed.) /?
Phone/Ext.:
?ry
Signature: y ?f % : /C-C
Date:L 3 'd'J
Revs-d 04-12- 10
INSURANCE ON FILE
WORK MAY PROCEED
UNTIL INSURANCE EXPIRES
0,a-
CLERK Of COUNCIL
bATE+ 3- I ~-D~
b Yiv~cnc c C~-~
CONSULTANT AGREEMENT
N-2008-025
~nvnala ~e~cls- K~~ THIS AGKEEMEN I', made and entered into this 27`h day of February, 2008 by and
between Bond Logistix, LLC., a limited liability corporation (hereinafter "Consultant°). and the
City of Santa Ana, a charter city and municipal corporation organized and existing under the
Constitution and laws of the State of California (hereinafter "City").
RECITALS
A. The City desires to retain a consultant having special skill and knowledge in the field of
financial analysis relating to arbitrage rebate requirements.
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:
SCOPE OF SERVICES
Consultant shall perform those services as set forth in Consultant's letter dated February
20, 2008, attached hereto as Exhibit 1.
2. COMPENSATION
a. City agrees to pay, and Consultant agrees to accept as total payment for its services.
the rates and charges identified in Exhibit l . The total sum to be expended under this Agreement
shall not exceed $20,000.00, annually, during the term of this Agreement.
b. Payment by City shall be made within thirty (30) days following receipt of proper
invoice evidencing work performed, subject to City accounting procedures. Payment need not
be made for work which fails to meet the standards of performance set forth in the Recitals
which may reasonably be expected by City.
3. TERM
This Agreement shall commence on the date tirst written above and terminate on June 30,
2009. unless terminated earlier in accordance with Section 12, below. In order to provide
continuous uninterrupted service to City by Consultant, this Agreement shall cover al] services
rendered from July 1, 2007 to the termination of this Agreement. The term of this Agreement
may be extended upon a writing executed by the Executive Director of Finance and Management
Services Agency and the City Attorney.
4. 1NDEPENDF,NT 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. Due to the nature of services provided, general liability insurance is not required.
b. Worker's Compensation Insurance. In accordance with the provisions of Section
3300 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured
against liability for worker's compensation or to undertake self-insurance. Prior to commencing
the performance of the work under this Agreement, Consultant agrees to obtain and maintain any
employer's liability insurance with limits not less than $1,000,000 per accident.
c. Professional liability (errors and omissions) insurance, with a combined single limit of
not less than $1,000,000 per claim.
d. The following requirements apply to the insurance to be provided by Consultant
pursuant to this section:
(i) Consultant shall maintain all insurance required above in full force and effect for
the entire period covered by this Agreement.
(ii) Certificates of insurance shall be furnished to the City upon execution of this
Agreement and shall be approved in form by the City Attorney.
(iii) Certificates and policies shall state that the policies shall not be canceled or
reduced in coverage or changed in any other material aspect without thirty (30)
days prior written notice to the City.
e. If Consultant fails or refuses to produce or maintain the insurance required by this
section or fails or refuses to furnish the City with required proof that insurance has been procured
and is in force and paid for, the City shall have the right, at the City's election, to forthwith
terminate this Agreement. Such termination shall not affect Consultant's right to be paid for its
time and materials expended prior to notification of termination. Consultant waives the right to
receive compensation and agrees to indemnify the City for any work performed prior to approval
of insuance by the City.
6. INDEMNIFICATION
Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents,
employees, consultants, special counsel, and representatives from liability for personal injury,
damages, just compensation, restitution, judicial or equitable relief arising out of claims for
personal injury, including health, and claims for property damage, which may arise from the
direct or indirect operations of the Consultant or its contractors, subcontractors, agents,
employees, or other persons acting on their behalf which relates to the services described in
section I of this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay
all costs for the defense of the Cih~. 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.
CONFIDENTIALITY
if Consultant receives from the City information which due to the nature of such
information is reasonably understood to be confidential and/or proprietary, Consultant agrees
that it shall not use or disclose such information except in the performance of this Agreement,
and further agrees to exercise the same degree of care it uses to protect its own information of
like importance, but in no event less than reasonable care. "Confidential Information" shall
include all nonpublic information. Confidential information includes not only written
information, but also information transferred orally, visually, electronically, or by other means.
Confidential information disclosed to either party by any subsidiary and/or agent of the other
party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure
shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is,
through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful
possession of the Consultant without an obligation of confidentiality; (d) is required to be
disclosed by operation of law; or (e) is independently developed by the Consultant without
reference to information disclosed by the City.
8. CONFLICT OF INTEREST CLAUSE
Consultant covenants that it presently has no interests and shall not have interests, direct
or indirect, which would conflict in any manner with performance of services specified under
this Agreement.
9. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this
Agreement shall be in writing and shall be deemed to be properly given if delivered in person or
mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other
telegraphic communication in the manner provided in this Section, to the following persons:
To Ciry: Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
telefacsimile (714) 647-6956
With courtesy copies to:
Executive Director ofFinance and Management Services
City of Santa Ana
20 Civic Center Plaza (M-17)
P.O. Box 1988
Santa Ana. California 92702
telefacsimile (714) 647-5414
and
City Attorney
City of Santa Ana
20 Civic Center Plaza (M-29)
P.O. Box 1988
Santa Ana, California 92702
telefacsimile (714) 647-6515
To Consultant: Bond Logistix, LLC
777 South Figueroa Street, Suite 3200
Los Angeles, CA 90017
Telefacsimile (213) 612-2499
Attn: Nancy Kummer
A party may change its address by giving notice in writing to the other party. Thereafter,
any communication shall be addressed and transmitted to the new address. If sent by mail,
communication shall be effective or deemed to have been given three (3) days after it has been
deposited in the United States mail, duly registered or certified, with postage prepaid, and
addressed as set forth above. If sent by telefacsimile, communication shall be effective or
deemed to have been given twenty-four (24) hours after the time set forth on the transmission
report issued by the transmitting facsimile machine, addressed as set forth above. For purposes
of calculating these time frames, weekends, federal, state, County or City holidays shall be
excluded.
10. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and
Consultant, and supersedes any and all other agreements, oral or written, between the parties. In
the event of a conFlict between the terms of this Agreement and any attachments hereto, the
terms of this Agreement shall prevail. This Agreement may not be modified except by written
instrument signed by the City and by an authorized representative of Consultant. The parties
agree that any terms or conditions of any purchase order or other instrument that are inconsistent
with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant nor
the City. Each party to this Agreement acknowledges that no representations, inducements,
promises or agreements, orally or otherwise, have been made by any party, or anyone acting on
behalf of any party, which are not embodied herein.
11. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Consultant..
Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior
written consent of the City and any such assignment, transfer, delegation or subcontract without
the City's prior written consent shall be considered null and void. Nothing in this Agreement
shall be construed to limit the City's ability to have any of the services which are the subject to
this Agreement performed by City personnel or by other consultants retained by City.
12. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of
termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant
compensation for all services performed by Consultant prior to receipt of such notice of termination,
subject to the following conditions:
a. As a condition of such payment, the Executive Director may require Consultant to deliver
to the City all work product completed as of such date, and in such case such work product shall be
the property of the City unless prohibited by law, and Consultant consents to the City's use thereof
for such purposes as the City deems appropriate.
b. Payment need not be made for work which fails to meet the standard of performance
specified in the Recitals of this Agreement.
13. DISCRIMINATION
Consultant shall not discriminate because of race, color, creed, religion, sex, marital
status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited
by applicable law, in the recruitment, selection, training, utilization, promotion, termination or
other employment related activities. Consultant affirms that it is an equal opportunity employer
and shall comply with all applicable federal, state and local laws and regulations.
14. JURISDICTION-VENUE
This Agreement has been executed and delivered in the State of California and the
validity, interpretation, performance, and enforcement of any of the clauses of this Agreement
shall be determined and governed by the laws of the State of California. Both parties further
agree that Orange County, California, shall be the venue for any action or proceeding that may
be brought or arise out of; in connection with or by reason of this Agreement.
15. PROFESSIONAL LICENSES
Consultant shall, throughout the term of this Agreement, maintain all necessary licenses,
permits, approvals, waivers, and exemptions necessary for the provision of the services
hereunder and required by the laws and regulations of the United States, the State of California,
the City of Santa Ana and all other governmental agencies. Consultant shall notify the City
immediately and in writing of her inability to obtain or maintain such permits, licenses,
approvals, waivers, and exemptions. Said inability shall be cause for termination of this
Agreement.
16. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature hereinbelow has the power,
authority and right to bind their respective parties to each of the terms of this Agreement, and shall
indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to
City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn.
b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set
forth in the body of this Agreement.
//
//
//
//
//
//
//
//
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and
year first above written.
ATTEST:
~/ ~RICIF~,;. EALY
Clerl: ofthe Counci]
CITY OF SANTA ANA
DAVID N. REA
City Manager
APPROVED AS TO FORM:
JOSEPH W.FLETCHER
City Attorney
gy: ~
La a Sheedy
Assistant City Attorney
RECOMMENDED FOR APPROVAL
FRANCISCO GUITERREZ
Executive Director of the
Finance and Management Services Agency
BOND LOGISTIX, LLC
Managing Dir~ct6r
Tax ID # 5t-oaoaoss
EXHIBIT 1
February 20, 2008
Santa Ana Financing Authority
20 Civic Center Plaza M17
I'.O. Box 1988
Santa Ana. CA 92701
Re: Arbitrage Rebate Compliance Services
Ladies and Gentlemen:
777 South Figueroa Street. Suite 3200
Los Angeles, CA 90017
Phone 213 612 2200 Fax 213 612 2499
www. bontl lagistix.com
This letter is to confirm the engagement of Bond Logistix LLC ("BLX") by the Santa Ana Financing
Authority ("Obligor") for the purpose of performing calculations relating to the arbitrage and rebate
requirements contained in the Internal Revenue Code (the "Code") and the legal advice described below.
f he calculations aze to be performed with respect to the bond issue(s) listed on Exhibit A hereto (the
"Bonds") applying applicable federal tax rules.
BLX will calculate the amount of rebate liability with respect [o the Bonds once per yeaz as of the end of
each bond year (unless specifically directed in writing otherwise by the Obligor) and as of the final
maturity or redemption of the Bonds (each such date on which a rebate calculation is performed is
referred to herein as a "Rebate Calculation Date") applying regulations of the United States Department
of the Treasury ("Treasury") in effect on such Rebate Calculation Date. In addition, if a "penalty in lieu
of rebate" election under Code Section 148(f)(4)(C)(vii) has been made by the Obligor with respect to the
Bonds, BLX will calculate, every six months, the amount of such "penalty" as of the end of each six
month period beginning on the date of issue of the Bonds (each such date on which a penalty calculation
is performed is referred to herein as a "Penalty Calculation Date"). (The term "Calculation Date" as used
herein shall refer to a Rebate Calculation Date or a Penalty Calculation Date, as appropriate.) In addition,
if required or requested by the Obligor, BLX will include in each report delivered to the Obligor an
analysis of compliance with applicable arbitrage yield restrictions.
With respect to each Calculation Date, BLX will prepare or cause to be prepared schedules reflecting the
relevant calculations and the assumptions involved and will deliver a rebate or penalty liability report
addressed to the Obligor as to the amount of the rebate or penalty liability as of such Calculation Date.
At the Obligor's election, which election is made by the Obligor's signature of this engagement letter,
each such rebate or penalty liability report will include a legal opinion provided by the law firm, Orrick,
Herrington & Sutcliffe LLP ("Orrick"). Accordingly, the Obligor is retaining BLX for the purpose of
obtaining legal advice from Orrick in the form of the legal opinion. BLX will engage Orrick to provide
legal oversight and review as it deems necessary to render its opinion that the computations shown in the
report were performed in accordance with applicable federal law and regulations. Because BLX is an
Orrick subsidiary, you may choose to consult counsel other than Orrick about the terms of this
engagement.
The Obligor undertakes [o provide or cause to be provided to BLX all such relevant data (the "Data"), as
specified by BLX from time to time, and shall cooperate with all reasonable requests of BLX in
connection therewith. BLX is authorized hereby to obtain Data held by a Trust Bank (the "Trustee")
concerning funds and accounts established with regard to the bond issue(s) of the Obligor listed on
Exhibit A hereto. If available, BLX is authorized to obtain access to view and download said Data from
any "online" or "internet based" system or application maintained by the Trustee for such purposes. If
such systems or applications are not maintained by the ll'ustee BLX is authorized to request the Data
from the Trustee in a format useful to BLX, and otherwise available to the Trustee. The Obligor also
agrees to inform BLX of any actual or planned early redemption of the Bonds at its earliest opportunity.
BLX is not being engaged hereunder, and BLX is not hereby obligated, to undertake any of the following:
(1) independently determine whether securities allocable to proceeds of the bonds were purchased at fair
market value within the meaning of the Treasury Regulations; (2) perform an audit or review of the
investments acquired with gross proceeds or the payment of debt service on the Bonds, (3) perform
calculations or other research as to the desirability of elections or selections that may be available under
applicable federal tax law; (4) review the tax-exempt status of interest on the Bonds or any other aspect
of the Bond program except for rebate and penalty liability to the extent set forth in this engagement
letter, (5) consider any information obtained by BLX pursuant to this engagement for any purpose other
than determining such rebate and penalty liability; and (6) update any report delivered hereunder because
of events occurring, changes in regulations, or data or information received, subsequent to the date of
delivery of such report. Should the Obligor desire BLX to undertake any of the foregoing, such work will
be the subject of a separate engagement and a separate fee, if any. In addition, BLX will be entitled to
rely entirely on information provided by the Obligor and the Trustee and/or their agents and assigns
without independent verification.
The fee with respect to [he Bonds will be determined pursuant to Exhibit B hereto. Engagement Fees are
due upon each engagement and Report Fees aze due upon delivery of each report by BLX. This
engagement is terminable by either party by written notice to the other, such termination to be effective
immediately; provided [hat, if BLX terminates this engagement prior to delivering any calculations, the
engagement fee (if previously paid) shall be refunded. BLX shall be entitled to assign its rights and
obligations under this engagement in whole or in part upon prior written notice to the Obligor; provided
that no such notice is required so long as Orrick retains the obligation to deliver legal opinions hereunder.
No additional fees will be charged by Orrick for providing the legal services described herein. BLX will
sepazately compensate Orrick for such services.
BLX and/or Orrick may have client relationships with other parties involved in some manner with the
Bonds or the Obligor (for example, underwriters, trustees, rating agencies, insurers, credit providers,
lenders, contractors, developers, advisors, investment advisors/providers brokers, public entities and
others) whether with respect to the Bonds or some unrelated matter(s). However, to the extent that a
conflict-of-interest is created by this engagement, the Obligor hereby waives any such conflict.
If this engagement letter is satisfactory, please have an authorized official execute one copy and return it
to the undersigned.
Very truly yours,
BOND LOGISTIX LLC
Nancy Kummer
Managing Director
Accepted:
CITY OF SANTA ANA
By:~mr is~r. ~
Print Name:_j=tZAi~CISCO (7u-nG--/LYLEZ ___
flue: ~~~ ~t Ti VE t~„2BLTU2
Date: _~A A2G F+_ Co r zoo R __
E-mail Address: >=(~trrtE~u2EZ~S~tNrA_-kdA.Ok'C?
Ew uerr A
Description
1. $20.110,000
Santa AnaFinancing Authority
Water Revenue Refunding Bonds
Series 2004
3. $38.845,000
Santa Ana Financing Authority
Police Administration and Holding facility
Lease Revenue Refunding Bonds
Series 2004A
3. $107,399,438.50
Santa Ana Financing Authority
Police Administration and Holding facility
Lease Revenue Refunding Bonds
Series 1994A
a. $~s,olo,ooo
Cih~ of Santa Ana
Gas Tax Revenue Certificates of Participation
(2007 Local Street Improvement Project)
10
$XHIBIT B
ARBITRAGE RGBA"fE COMPLIANCE SEAVICES FFlI'. SCHGDULE
B:A54: FEE
Service Fee
Engagement Fee (one-time fee, per issue) waived
Report Fee (per report) $2,250
OPPIOVAI. SERVICES
Evaluating various elections and applications To be negotiated separately
11
~
<~>
BONOLOGISTIX
IrH'C~l .N"'""V"'O" ""'r.'~"O"
EXHIBIT C
ARBITRAGE REBATE COMPLIANCE SERVICES - ADDITIONAL INFORMATION
I. REPORT FORMAT SELECTION INFORMATION
Please select desired format:
o Electronic Format
Analysis provided in POF format via E-Mail. POF format requires the use of Adobe Acrobat
Reader which is available free of charge through the internet (please refer to Adobe's web site for
further information and/or instructions on how to download this program: www.adobe.com).
Please provide your E-Mail address:
o I prefer to have my report mailed on a CO
[1;] Paper Format
Analysis provided in paper, spiral bound format. Includes one (1) copy. Additional copies
provided at $10 per copy.
o Additional copies requested. Number of additional copies:
~
Please E-Mail me a copy of my report in POF file format at no additional charge
Please provide your E-Mail address:;.k P_ S4-r-.k - Q<\ - (A(s"
BTA~ $ANTA-Al'iA. 01'&
II. TRl'STEE INFORMATION
Name of Trustee:
Trustee Contact:
Trustee Phone:
Trust Account Number:
260389384.1
II. TRUSTEE INFORMATION
Name of Trustee:
Trustee Contact:
Trustee Phone:
1. $20,110,000
Santa Ana Financing Authority
Water Revenue Refunding Bonds
Series 2004
2. $38,845,000
Santa Ana Financing Authority
Police Administration and Holding facility
Lease Revenue Refunding Bonds
Series 2004A
3. $107,399,438.50
Santa Ana Financing Authority
Police Administration and Holding facility
Lease Revenue Refunding Bonds
Series 1994A
4. $68,010,000 (NEW)
City of Santa Ana
Gas Tax Revenue Certificates of Participation
(2007 Local Street Improvement Project)
EXHIBIT C
The Bank of New York
Teresa Fructuoso
213-630-6249
Trust Account Number
427031
427032
427033
427036
427037
319625
319683
319684
319685
319686
319687
426958
426961
426963
426965
323201
323204
323206
323208
Santa Ana Water 2004 Payment Fund
Santa Ana Water 2004 Interest Account
Santa Ana Water 2004 Principal Account
Santa Ana Water 2004 Reserve Fund
Santa Ana Water 2004 Rebate Fund
Santa Ana F/A 94A Collateral
Santa Ana F/A 94A Police Revenue
Santa Ana F/A 94A Interest
Santa Ana F/A 94A Principal
Santa Ana F/A 94A Police Reserve AIG
Santa Ana F/A 94A Redemption
Santa Ana '04 Rev Bd Rebate
Santa Ana '04 Rev Fund
Santa Ana '04 Rev Pricipal
Santa Ana '04 Rev Interst
Revenue Fund
Reserve Account
COI Fund
Bond Proceeds
.~
r~
.' ~', ..?~
....." .."_..:,..,,.-<-,,.,
PRODUCER
MARSH RISK & INSURANCE SERVICES
P. O. BOX 193880
CALIFORNIA LICENSE NO. 0437153
SAN FRANCISCO. CA 94119-3880
CeRTIFICATE NUMBER
" SEA-000992010-o6
THIS CERTIFICATE IS lS$UED AS A MATTER OF INFORMATION ONLY AND CONFERS
NO RIGHTS UPON TH! CERTFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE
POUCY. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE
AFFORDED BY THE POUCIES DESCRIBED HERE....
COMPANIES AFFORDING COVERAGE
9025 -FINP-E&O-o7-Q8
COMPANY
A FEDERAL INSURANCE COMPANY
INSURED
BOND LOGISTIX LLC
777 SOUTH FIGUEROA STREET, SUITE 3200
LOS ANGELES. CA 90017
COMPANY
B
COMPANY
C
COMPANY
D
'~;"';,~ t,} ~thia,'*1;fi~$UPR~-~aQd " '.~_r~;'~:.J.~:~j,~. ~..~,;.
THIS IS TO CERTIFY THAT POUCIES OF INSURANCE DESCRIBED HEREIN HAVE BEEN lSSUED TO THE INSURED NAMED HERBN FOR THE POLICY PERIOD INDICATED,
NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESf'ECT TO YoIHICH THE CERTIFICATE MAY BE ISSueD OR MAY
PERTAIN. THE IiSURANCE AFFORDED BY Tl-lE POLICIES DESCRIBSO HEREIN IS SUBJECf TO All THE TERMS, CONDITIONS N<<J EXCLUSIONS OF Sua-t POLICIES. AGGREGATE
UMITS SHOWN MAY HAVE BEEN REDUCED BY PAlO ClAIMS.
CO TYPE Of INSURANCE POUCY NUMBER POUCY EFFECTIVE POUCY EXPIRATION UMITS
LTll DATE (MMlDDIYY) DATE (MMIDDlYY)
GENERAL UABIUTY GENERAL AGGREGATE $
COMMERCIAL GENERAL UA8lLITY PRODUCTS. COMPfOP AGG $
aAlMS MADE D OGaJR PERSONAL & ADV INJURY $
OWNER'S & COHTRACTOR'S PROT EACH OCCURRENCE $
FlREDAMAGE All one fire $
MED EXP Ar1 one " $
AUTOMOBILE lIABlUTY $
COMBINED SINGLE LIMIT
AJf'fAUTO
AU. OWNED AlfTOS BODILY INJURY $
SOiEDUlED AUTOS (Per p&rson)
HIRED AUTOS BOOfl Y INJURY $
NON-oWNED AlITOS {Per accident)
PROPERlY DAMAGE $
GARAGE UABlUTY AUTO ONL. y. EA ACCIDENT $
AHYAUTO OTHER THAN Amo ONLY:
EACH ACCIDENT $
AGGREGATE $
EXCESS UABlUTY EACH OCCURRENCE $
UMBRELLA FORM AGGREGATE $
OTHER THAN UMBRELLA FORM $
R P 110 AND
EMPL.OVERS'~ ER
THE PROPRIETOR! INCl. EL. OlSEASE-POLlCY lIMIT $
PAA1NERSlEXECl./TIVE B. DISEASE-EACH EMPLOYEE $
OFFICERS ARE; EXCl.
A PROFESSIONAL LIABILITY 7023-2286 10129107 10129/08 AGGREGATE liMIT
INVESTMENT COMPANY
RELATED CLAIMS FOR E&O
DESCRIPTION Of OPERATIONSfLOCATIONSIVEHICLESISPECIAL.ITEMS
REF: EVIDENCE OF INSURANCE COVERAGE ONLY
,::;.,"""~'; '~
.,fl.
$5,000,000
.r ~
.,.
~ _,....4."'"__.;~, ..
t{."''^:~!~\;;t.- "':";,
SHOULD NfV OF THE POlICIES DESCAISED HeREIN fle CAHCELl.l:D IlUOftli THE EXPIlATION OATE THeAEDf
THE lNSURE.R AffORDIHOi COVERAGE. Wl.l ENDU.VOR TO MAl.. ----D DAYS WRITTEN NOTICE TO THE
ca:t.TFrCATE IfOI.DE.R NAMED HEREIN, BUT fAI.URE TO MAlL SUCH NOTICE SHALl IUPOSe: NO OBUGATlON OR
l.l.\BlLITY OF ANY tUND UPON THli NSURER AffOROlNIi COVERAGE, ITS AGENTS 011 IlEPRESEHTAT.....ES. OR THE
ISSUER Of THIS CIlRTFfCATE.
MARSH USA-INC.
y, Richard E. Cowan
CITY OF SANTA ANA
ATTN: EMY BADA
20 CIVIC CENTER PLAZA M.25
SANTA ANA, CA 92701
MARSH CERi1TIfFlCAc1TIS.;(l).F..I "'SOAANCE CERTIFICATE NUMBER
SEA 001064557-01
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS
MARSH RISK & INSURANCE SERVICES NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE
P o BOX 193880 POLICY. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE
CALIFORNIA LICENSE NO 0437153 AFFORDED BY THE POLICIES DESCRIBED HEREIN.
SAN FRANCISCO. CA 94119-3880 COMPANIES AFFORDING COVERAGE
Atln: Audrey Segaud (415)743-8632 --.- -~~~-- ~ ~ -~._._._--
COMPANY
19025 -BOND-MM-07108 A TWIN CITY FIRE INSURANCE CO.lHARTFORD
--- - _..._~-- ---
INSURED COMPANY
BOND LOGISTIX LLC B HARTFORD UNDERWRITERS INS CO
FUND SERVICES ADVISORS, INC, -, .--
777 SOUTH FIGUEROA STREET, SUITE 3200 COMPANY
LOS ANGELES, CA 90017 C
~..~---- - -..-
COMPANY
D
...
mrs--Is TO CERTIFY THAT POLICIES OF INSURANCE DESCRIBED HEREIN HAVE BEEN ISSUED TO THE INSURED NAMED HEREIN FOR THE POLICY PERIOD INDICATED.
NOlWlTHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENTWITH RESPECT TO WHICH THE CERTIFICATE MAY BE ISSUED OR MAY
PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. CONDmONS AND EXCLUSIONS OF SUCH POLICIES. AGGREGATE
liMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS
LTR DATE (MMIDDfYY) DATE IMMIDDIYYI
GENERAL LIABILITY GENERAL AGGREGATE $
_.
COMMERCIAL GENERAL LIABILITY PRODUCTS - COMP/OP AGG $
I CLAIMS MADE o OCCUR PERSONAL & ADV INJURY $
-- OWNER'S & CONTRACTOR'S PROT EACH OCCURRENCE $
- FIRE DAMAGE (Anyone fire) $
--
MED EXP {Anyone person\ $
AUTOMOBILE LIABILITY , $
- COMBINED SINGLE LIMIT
~- ANY AUTO
ALL OWNED AUTOS BODILY INJURY $
-- (Per person)
- SCHEDULED AUTOS
HIRED AUTOS BODILY INJURY $
" (Per accident)
- NON-OWNEDAUTOS
- . PROPERTY DAMAGE $
GARAGE LIABILITY ,
AUTO ONLY - EA ACCIDENT $
- ;;;;;<.;.;;
ANY AUTO OTHER THAN AUTO ONLY:
-- $
- EACH ACCIDENT --
AGGREGATE $
EXCESS LIABILITY , I EACH OCCURRENCE $
=1 UMBRELlMORM AGGREGATE $
OTHER THAN UMBRELLA FORM $
A WORKERS COMPENSATION AND 57 WE TU9541 (AOS) 10/01/07 110/01/08 X I T~2t[fill\tS I 10;"- ..../-;.;. .//..//;;.;;.;
EMPLOYERS' LIABILITY ER
B 57 WE TU9541 (TX) 10101/07 10/01/08 EL EACH ACCIDENT $ 1,00~
THE PROPRIETORJ f~:NCL ! EL DISEASE-POLICY LIMIT $ 1,000,000
PARTNERS/EXECUTIVE $ 1,000,000
OFFICERS ARE. EXCL: EL DISEASE-EACH EMPLOYEE
OTHER
I
I
DESCRIPTION OF OPERATIONS/LOCATIONSJVEHICLESISPECIAL ITEMS
Evidence of Workers' Compensation coverage.
CERTI~rCATg/1I0LDER ;B, .../..../..
SHOULO ANYOF THE POllC.ES DESCRIBED HEREIN BE CANCELLED BEFnRE THE EXPIRATION DATE TI-<EREOF
!tAU7 THE INSURER AFFORDING COVERAGE WILL ENDEAVOR TO MAIL ___-30 DAYS WRITTEN NOTICE TO 1J-iE
City of Santa Ana CERTIFICATE HOLDER NAMED HEREIN, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OOUGATION OR
Attn: Bich Ta
20 Civic Center Plaza M~17 LIABILITY OF AN'! KINO UPON THE INSURER AFFORDING COVERAGE, ITS AGENTS OR REPRESENTATIVES, OR THE
Santa Ana. CA 92701 ISSUER OF THIS CERTIFICATE.
AUTHORIZED REPRESENTATIVE ! ~ .W"~.-:...........
Marsh Risk & lnsuranee Services
BY: Gene Williams
../ VALID AS OF:03/11/08
._ .II! -_ 2 0128 - ~eR~ -- -- ""I
'PRo~~ORD~ C_ER"fIFICATE 9F !-IA~ILI"f~Jl~;~~~~~ED AS A MATTER l-I~~i~:N:-1
I MARSH RISK & INSURANCE SERVICES ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
1 CALIFORNIA STREET HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
CALIFORNIA LICENSE NO. 0437153 ALTER THE COVERAGE AFFORDED BY THE POUCIES BELOW.
I' SAN FRANCISCO, CA 94111
Alln: Audrey Segaud (415)743-8632
,~:~::~BOND-MM-08-09 1,:~;~E:~w~E6~:~i;~n~~:::c~ - ~:~9~
, BOND LOGISTIX LLC I
I FUND SERVICES ADVISORS, INC. r'N~~ERB: ~artford Un_~_rwriter~~suranGe C~mpa~. 130104
I 777 SOUTH FIGUEROA STREET, SUITE 3200 INSURER c: .=
LOS ANGELES, CA 90017 __ __ _n__'
INSURER D"
[INSURER E:-
1
I
-COVERAGES
-- --
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICA1ED.
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.
INSRj ADD'L TYPE OF INSURANCE POLICY NUMBER rOllCY EFFECTIVE POLicy EXPIRATION
LTR INSRD DATE tMM/DDfYY) DATE tMMIDDNY)
I GENERAL LIABILITY
I' I COMMERCIAL GENERAL LIABILITY
_ ~ CLAIMS MADE l _I OCCUR
r j - - -
,GENERAL AGGREGATE LIMIT APPLIES PER
POLICY j~g LaC
AUTOMOBILE UABlLITY
-F
LIMITS
-j
~
-"-'
1
EACH OCCURRENCE
DAMAGE TO RENTED ~ - - -,
P.B-EM!~E~a occurenc~ 1$- --1'
MED EXP (Anyone person) $
-- -- - -
. -
~ER~O. NAL & ADVIN,JU~'( jt$ __ --------1. '
GENERAL AGGREGATE $ , I
L~RODLicTS - COMP/OP AG $---==--
COMBINED SINGLE LIMIT
(Ea accident)
$
I ANY AUTO
! '--~' ALL OWNED AUTOS
I SCHEDULED AUTOS
HIRED AUTOS
r-~ NON.QWNEDAUTOS
GARAGE UABlLlTY
I -_OJ ANY AUTO
Ii
EXCESS/UMBREUA LIABILITY
I I
~I
f-
, BODILY INJURY
(Per person)
~ODIL Y INJURY
(Peracc_identl___
PROPERTY DAMAGE
(Per accident)
$
- I
--I
OTHER THAN
AUTO ONLY:
- ----j
AUTO ONLY - EA ACCIDENT $
EA ACC $
AGG $
EACH OCCURRENCE $
AGGREGATE $
JL
$
OCCUR
CLAIMS MADE
I
x I WC STATl). IjOTH-
H1RY IIMIT~ ~, _
L EACH ACCIDENT 1$
~IS~ASE.EAE~~LOYE~
L. DISEASE - POLlC.... LIMIT $
-j
_1 ,000~00A
1,000,000
1,000:000
'A
DEDUCTIBLE
RETENTION $
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
ANY PROPRIETORfPARTNERfEXECUTlVE
OFFICER/MEMBER EXCLUDED?
57 WE TU9541 (AOS)
57 WE TU9541 (TX)
10/01/08
10/01/08
10/01/09
, 10101/09
B
If yes. tlescribeunder
SPECIAL PROVISIONS below
OTHER
APPROVED AS TO FORM
I
DESCRIPTION OF OPERATIONSfLOCATIONSNEHICLESlEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
I Evidence of Workers' Compensation coverage.
Laura ~Ltlt ::,Lccdy
Assistant City AttuTney
L
SEA-001249344-02
CANCELLATION
CERTIFICATE HOLDER
r
I
_I
City of Santa Ana .1.1
Attn: Slch Ta X 5"',$-r
20 Civic Center Plaza M-17
Santa Ana, CA 92701
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING INSURER WIll. ENDEAVOR TO MAIL
3L- DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND
ITS
AGENTS
OR
REPRESENTATIVES.
UPON THE INSURER,
~T~~~:f~'r~~~~8rvic8S
Gene Williams
~
I
I
o ACORD CORPORA nON 1988 .
ACORD 25 (2001/08)
.
IMPORTANT
II the certificate holder is an ADDITIONAL INSURED. the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
II SUBROGATION IS WAIVED. subject to the terms and conditions 01 the policy. certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu 01 such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer{s), authorized representative or producer. and the certificate holder, nor does it
affirmatively or negatively amend. extend or alter the coverage afforded by the policies listed thereon.
c::~
'"
L'l
.,
:::1
~-"'~
-<
N
<::)
?::
~
,.
:.>
'9
C) .
Q
Acord 25 (2001/08)
Reverse of Page 1