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HomeMy WebLinkAboutBEAVENS SYSTEMS, INC. 1 - 2003City of Santa Ana Clerk of the Council AGREEMENT TERMINATION FORM Please complete this form when the attached agreement and all amendments (if any) are no longer in effect. Return form to the Clerk of the Council Office (M -30). COTC Office Use Only 7M S50 24 PH It 20 C T TA A H A The agreement with IY\c e /-2033 -o /` No. \ 13/ Zcav3 was completed on k j l3 /Zcs«4- and final payment has been made. (List all amendments. Use space below it needed.) Department: Phone /Ext.: Signature: r� cxlo%L Sc Vjc Date: °l 1 Z2 ( 7-c-1 1L0 Revised 0412 -10 N- 2003 -011 CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into this t3�� day of , 2007 by and between Beavens Systems, Inc. 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 "). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of providing East Reservoir Control Valve Programming and Training. 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 provide a model program for control of filling tanks; including but not limited to control strategy development, PLC programming, training on the programming and one day of start up assistance as further detailed in Exhibit A to this Agreement. The program shall become the property of the City of Santa Ana. 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 A. The total sum to be expended under this Agreement, shall not exceed $ 5,000.00 during the term of this Agreement. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. INSURANCEAV ON FILE WORK MAY ,PROCEED CLERK OF COUNCIL DATE: C, owl o3 3. TERM This Agreement shall commence on the date first written above and terminate on June 30, 2003, unless terminated earlier in accordance with Section 12, below. The term of this Agreement may be extended upon a writing executed by the Executive Director of the Public Works Agency 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, agents, volunteers, and employees as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence. Consultant shall supply City with a fully executed additional insured endorsement in substantially the form attached hereto as Exhibit B upon execution of this Agreement and shall be approved in form by the City Attorney. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self - insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Consultant is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim. e. 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. f 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. INDEMNIFICATION Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (1) 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; (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement; and (3) from any claim that the MWD program infringes a proprietary right, patent or copyright . This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from 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 arising from any claim that the MWD program infringes a proprietary right, patent or copyright, 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 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: Executive Director of the Public Works Agency City of Santa Ana and, 220 South Daisy Avenue Santa Ana, California 92703 telefacsimile (714) 647 -3378 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: Greg Argano Beavens Systems, Inc. 2200 Pacific Coast Hwy, Ste 307 Hermosa Beach, CA 90254 310 - 376 -0506 A party may change its address by giving notice in writing to the other party. Thereafter, any notice, tender, demand, delivery, or other communication shall be addressed and transmitted to the new address. If sent by mail, any notice, tender, demand, delivery, or other 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, any notice, tender, demand, delivery, or other 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, that 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 and all questions relating to its validity, interpretation, performance, and enforcement shall be government and construed in accordance with the laws of the State of California. 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. 17. WORK PRODUCT All work product prepared by Consultant pursuant to this Agreement shall be the property of the City and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. Consultant shall submit all work product to City in hard copy and produced in a form compatible with City's computer system, as agreed between the City and Consultant. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: PATRICIA E. HEALY Clerk of the Council APPROVED AS TO FORM: JOSEPH W.FLETCHER City o y By• --� Cristi L Shaw Assistant ity Attorney RECOMMENDED FOR APPROVAL f Ja G. Ross ecutive Director of the Public Works Agency CITY OF SANTA ANA DAVID N. REAM City Manager CONSULTANT Greg Ar ano ` Project Manager Employer ID # or Individual SS # 12/09/ ?002 14:22 31F)375,P599 BEAVENS SYS?E��'S iPiC PAGE t71 BEAVENS SYSTEMS INCORPORATED 2200 Pacific Coast Highway • Suite 307 • Hermosa Beach, CA 90254 Phone 310.376.0506 • Fax 310.376.0599 • Email greg @beavens.com December 9, 2002 Nabil Saba City of Santa Ana Water Resources Division 220 S. Daisy Ave. Santa Ana, CA 92703 Post-It- Fax Note 7671 Date 12,162 Pagas� 7, TOM L. 5„iyJA From AA6AAjo %1`9 ka A '0 t/DNS DNS Phone 0 PhOnQ r Fa e % t _ 7. 3/ �t -2 pp F- I RE: East Reservoir Bypass Control Valve Programming & Training Proposal Nabil, This proposal is to provide the City of Santa Ana with a model program for control of filling tanks in your system. East Reservoir will be used as the model and commissioned under this proposal. Items included in the proposal include control strategy development, PLC programming, training on the programming and I day of start -up assistance for the East Reservoir installation. The PLC logic will be a variation of a Beavers; Systems previously programmed MWD connection. The training class should require approximately 1 day of time. In the class the following items will be covered: the PLC logic, operation of the station control loop, interfacing with the existing SCADA system and testing of field signals. The Start -up of the East Reservoir Station will occur on the day after training. The goal of this is to provide the City of Santa Ana with a model "Bypass Control Valve" logic that can be modified by and reused for the City of Santa Ana for their other tanks. Total cost for the aforementioned services is a not to exceed value of $4800.00. Billing for the project will be on an as used basis. We are including a Beavens Systems' rates sheet for breakdown on hourly rate, mileage rate and billing methods. Scheduling for the class will probable require 2 weeks. The start -up does not have to follow the training class immediately, but as soon as possible is desirable. If you have any questions regarding this proposal, feel free to call, page or email me for further information. Cell/Pager310.466.1973. Regards, J 0 Greg Argano NFSlbobalC1ty of Santa AnaltralnlnplEast Reservoir Bypass Control Valve Loplo.doc EXHIBIT A 12/0912002 14:22 31 ©376 ©599 BEAVENS SYSTEMS IPA: BEAVENS SYSTEMS INCORPORATED JANUARY 1, 2001 RATESCHEDULE 1. SENIOR FIELD SERVICE ENGINEER ......................... S125 /hour 2. SYSTEMS / SOFTWARE ENGINEER .......................... $125 /hour 3. TECHNICIAN .................................... ............................... S75 1hour 4. DESIGNER / CAD SYSTEM OPERATOR ..................... $65 /hour 5. CLERICAL ......................................... ............................... $35 /hour Portal to portal travel time for any out -of- office services will be added at the appropriate rate. All rates provided above are constant for weekdays, weekends, Holidays and overtime. An auto expense will be added @ $0.40 / Mile portal to portal between our Hermosa Beach, CA office and the job site. Any living expenses will be added at actual cost. Standard billing is monthly and terms are NET 30. of Pacific Plaza a 2200 Pacific Coast Highway a Suite 307 a Hermosa Beach, CA 90254 0111 a7a.ncna car nim 17A -1*1s00 "LlE.-A(HIBIT A f'v_,E 02 EXHIBIT B ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY POLICY Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy # relating to the following: 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 insureds ( "additional insureds ") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. 2. With respect to claims arising out of the operations and uses performed by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4. With respect to the additional insureds, this insurance shall not be cancelled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective Policy # Issued to this endorsement form as a part of Named Insured Countersigned by Authorized Representative I S Apr - 04,03 10:09A P -05 -,?c0 3 -U // AC-0--RD, CERTIFICATE OF LIABILITY INSURANCE DATE 01/18/20 6 /20 3 03 PRODUCER 310- 374.8011 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATIO PODEGRAC2 INSURANCE AGENCY ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICAT 0812544 HOLDER- THIS CERTIFICATE DOES NOT AMEND, EXTEND O 1117 11TH ST p2U4 ALTER THE COVERAGE AFFORDED BY THE POLICIES BEL091 . MANHATTAN , CA 90266 I INSURERS AFFORDING COVERAGE INSURED BEAVENS SYSTEMS INC. 2200 PACIFIC COAST HIGi IWAY #307 HERMOSA CA, 90254 COVERAGFS INSURER ZURICH GROUP INSUH kR B INSURER C- INS(IRF.R 0, THE POLICIES OF IN SURANQF LISTED BELOW HAVE SEEN ISSUED TO THE INSURED NAMED ABOVE FOR THS POLICY PERIOD INDICAI ED 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 rnr POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL TI IF. TERMS, EXCLUSIONS AND CONDITIONS OFD GH P01 -orS. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. WSR TYPE OF INSURANCE PDUCY EFFECTIVE POLICY NUMBER POLICY EIPIRATpN LYI3ITE GENERAL LIABILITY kACH OCCURHk NCE E 1,000,QOD A X cGMMFRCIAL GEHLHAI l 'ABILITY - PAS 039090650 09 -25 -2002 09- 25-2003 FIRE DAMAGE Iqny ane urAl 3 100.000 CLAIMG MADF X OCCUR MEU FLIP (P,''ry RnR person) S 5,000 PkRHONAI. A AOV INJURY, 3 1,000I000 GENE RAL AGURF CATE 3 2,000,000 CANT AGGREGATE LIMITAPPLIES PLH I' PRODUC[S- COMPIOPAOr3 Is 1,000,000 POLICY PRO- I CIC '- AUTOMOBILE LIABILITY CUMBINEO SINULE LIMIT S ANY AIITD (ke BCGiEdnll ALL OWN"] AUTOS n BODILY IN. TRY i Ht3HED ULED AUIt1H IPer MleVlll 3 HIRED AIICOH NC1N -OWNED AU I Oy BDOILY IN.IURY (For SCUJenl) S PROPkRry DAMAGE 3 IPer ectiaenq GARAO E LIABILITY A117C ONLY CAA(:ClOENT E ANYAUTO 'OTHER THAN EAAnC S AUrO ONLY nGG { 99CE88 LIABILITY EACHO(;UURRENCC { OCCUR CLAIMS MAIIF AGf3RF.GPTE 3 nEOUCTQLL 3 RCTk NII(1N 3 I "- WORRERSCONPENSATIONAND LAI 6 rgTU TH. EMIMLOVERS'LIABILITY ITORY LIMITSS; ER F. L. EACH ACr:OFNT 3 E.L. OISCASF. - EA EMPLOYEE S OTHER L MSEABC PIE ICY LIMIT S -. ... -- --- ---- - ---- o, ­,I, IO CERTIFICATE HOLDER IS ALSO NAMED AS AN ADDITIONAL INSURED Al / SHOULD ANY OF THE ABOVE DESCRIBED PCUCIEB BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER wILY,WOEAYpR. TO MAIL 30— DAYS WRITTEN THE CITY OF SAN TA ANA, ITS OFFICERS, NOTICE TO THE CERTIFICATE HOLDER NAMED TOrHELEFT. EMPLOYEES, AGENTS, AND REPRESENTATIVES 20 CIVIC CENTER PLAZA SANTA ANA, CA 92702 AUTHORIZED REPREWNTATIVP Apr - 04.-03 10:08A 1a, 1. U� :nYp ruoire WorKS rare F,XHIBIJ, H P.02 714 -647 3342 p.3 Alll)ITLWS �L INSURED EENDORSFMENT PC�R 1)—NL U( --Q—AL Q LJ.jAT UAISII_1'fY PUI_(Cy Insurance Company ZU TCH__t Rrsrp '1 his endorsement modifies Such insurance as is afforded by the provisiotts of Policy uPAS -0-3kO -0650- _.. tclating to [he following: I, 1he City ofSama Ann, 20 Civic Center Plaza, ,Santa Ana, California 92701; hs Officers, employees, agents, vulurtteers and representatives are named as additional insureds ( "additional insureds ") with regard to liability and defense of suits arising from the op ratiotts and uses perlhrnted by or nn behalf of the named insured, 2. With respect to claims arising out of tlhe operations and uses porlihrnied by or on l7chal f of the named insured, such insurance as is alIotdcd by this policy is primary Lind is not additional to or contributing with any outer insurance cuvried by or for the benefit of the additional insureds. 3 This insurance applies separately to each insured against whom claim is made or suit is brought except with mspect to the company's hnlits of liability. 7'he inclusion of any Person of org;mization as rat insured shall not affect any right which such person or organization would havers a claimant if not so included. 4, With respect to the additionul insureds, this insurance shhall not he 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, Caliloncia 92701. (Completion of the following, including countersignature, is required to make this endorsement effective.) Policy !! P 3904 ivc ...912 5 / n.2— this endorsernem fa pal as a al i>f Fohc1t500�0 _ _ _ issued to _gEAVFJ�YSTFmG Named Insure l � "t - — fyPPRO 'J h. 1 C)R Countersigned by Author i Rcprese.ntativc ih ^W.v 1'iR 4ttoru cv ��� —� Apr - 04 0 3 10:08A imilirl ACORD„ CERTIFICATE OF LIABILITY INSURANCE DATE IBMfoonq 01!18!2003 PRODUCER 310 -37A -8011 THI5 CERTIFICATE IS ISSUED AS A MATTER OF INFORMATIO1 PODEGRACZ INSURANCE AGENCY ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE OF 0112544 HOLDER. TER THE COVERAGE AFFORDED BY THE POLICIES BELOW W 1117 11TH ST. #204 MANHAT IAN, CA 90266 INSURERS AFFORDING COVERAGE INSURED INSUHCRA GREAT AMERICANERS - BEAVENS SYSTEMS INC. INSURER B 2200 PACIFIC COAST HIGHWAY 0307 INSURER C. HERMOSA BEACH CA 90254 INSURER INSURER F' 1HF POLICIES OF INSURANCE LI ,TfD BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INUICATED. NOT WITHSTANDING ANY REQUIREMENT, TERM ON CONDITION OF ANY CONTRACTOR OTHER OOCUMEN'I WITH RESPLCT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFTORDED BY INC POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL I HC TERMS, LXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMI T S SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ,TIER TYPE OF INSURANCE FOU THURBER PDLICY EFFlCnvE - POLICVBlPIRATIDN' OMITS GENERAL LIABILITY EACIHOCCURRLNLF S CnMMERCIALGLNERAI LIABILITY FIRE DAMAGF(Any ate role) 7 Cl AIMS MADE uT;T;UR MEU EKP (Any one pRrsen) 5 PERSONAL A ADU INJURY S GENFRALAGGRLCAIF S aFN'L. AGGREGATE LIMIT APPLIES YLR PRCOUCTS COMPIOPAGG X POLICY PR O- I ._... T If1C AUTOMOBILE LIABILITY COM DI NI SINGLE LIMIT S ANY AUTO (FA XCGtltlnt) ALL OWNF,D AUTOS I - BODILY IN.n,IRY SCHEOUICU AU IDS (PEr Dereun) i3 .IIIREU AU105 NON-OWNED AU I (Iti -' BODILY IN.IUNY 5 (Par nCCiJenH PnOPEk I nAMAGE S (PA, ECCmem) GARAGE LIABILITY iAUTO ONL Y - EA ACCIDENT S ANY AUTO - Of HER THAN EA ACC I AUT'0(INL° AGG S EXCESS LIAeILIry 1 EACH OCCUNRE NCE '� S OCCUH CLAIM.; MAnp I '`"' AGGRPGATE y DEDUCTIULIE 3' NEIFNTION S WORKERS COMPENSATION AND 77 TNT TH- EMPLOYERS't WLIT. i '.. TORY LIMITS ER Si" %t � - E -L. EACII AC(:InENT : , ., E.L. DISEA$F - EA EMPLOYPEI, S OTTER E T)ISEASE POLICY LIMIT II S ! �- A PROFESSIONAL LIABILITY ZRU980012 09 -25 -2002 09-25 -2003 j LIMIT 1,000,000 DESCRIPTION OF OPERATIONSILOCAMNVYFHICL Ift1 LU510NS ADDED BT ENMRSEMENT13PECIAL PROVISIONS POLICY INCLUDES BLANKET CONTRACTUAL COVERAGE, SEE ATTACHED SPECIMEN ENDORSEMENT •10 DAYS FOR NON -PAY CERTIFICATE HOLDER X ADDITIONAL INSURED' INSURER LETTERI CANCELLATION SHOULD ANY OF THE ABOVE DESC144WO POLICIES BE CANCELLED BEFORE THE EXPIRATION THE CITY OF SANTA ANA, ITS OFFICERS. DATE THEREOF' THE ISSUING INSURER WILL MMi�TO MAIL 30"_ DAYS WRITTEN EMPLOYEES, NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, AGENTS, AND REPRESEN iATIVES 20 CIVIC CENTER PLAZA SAN IA ANA, CA 92702 AUTHORIEED ROPRIESENTAPIIIIi ACORD 25 -3 (7197) 0 ACORD CORPORATION 1980 Apr - 04,03_10 :08A P -03 aNt NO. eOLICYNUMBER INSURED _ e'ffective date 1 ZRU980012 BEAVENS SYSTEMS 9/25/02 R CONTRACT 1VAL LL"L=Y In consideration of the Premium paid, it is understood and agreed that Exclusion 1 of this policy is deleted and replaced by the followirrg: 1. WF will cover YOU for any liability which YOU asitame under any coutracts or agreeracurs for professional services, whether written or oral, to any and all persons or orlrnanizations with whom YOU so contract or agree to the extent that such liability arises from YOUR negligent act, error or omission in the performance of YOUR professional services- Notwithstanding the above. WE will not cover YOU for liability ofOU.us which YOU sssrune under any contract or agreest crk% whe *r written or oral, except to the extent that such liability arises to another solely as a Icgult of its vicarious or imputed liability for YOUR own negligent act, error or omission in the performance of YOUR professional services. Nor will WE cover YOU for warranties, glrarantaea, certifications, penalty clauses or liquidated dumages. This endorsement does not amend or increase OUR Urnit of Liability shown on the Declatations Pad 6: ofYoUR policy- LL OTHF.RTEIUNISAND CONQITIONS REMAIN UNCHANGED. aAOKlWAORNT. DATE OF ISSUE. fii\ l4 -- . ^- •• ^• � °" "tea U�uBtRl GS:ST S(d0z- DQ -Ntif SENT RY: EROL HASSAN STATE FARM INSURANCE;310 546 6821; {I�iE IPM IM {Y t/.Nfl RMKS DECEMBER 20, 2002 POLICY #: 013 3445- CO8 -75i DEAVF.NS, ARTHUR DBA HEAVENS SYSTEMS INC 2200 PACIFIC COAST HWY STE 307 HERMOSA BEACH, CA 90254 -2702 *•VEHICLE SUMMARY ** DFC -20 -02 13:13; PAGE 1/1 IV1}l3)l` AGENT COPY AGENT: F176/1308 PHONE #: (B) 310- 376 -0506 00 FORD EXPEDITION SPORT WG VIN: 1FMPU16L2YLA71166 IRG: 018 CLASS: 1HOHCV END OXD: 03/08/2000 COV: A /1MM /, C5000, D100, G250, H, R1 16/4(:), U 100/300 CDR SR 859.64, LD 6 86.69, CGDD .345.92, VSD 30% 17.76, ODM 1000 02 -00, MLp 150.85. Eff date:(12 /20/02) Curr date: (12/20/02) Time: (01:02 PM) RO REMARKS: (PLEASE LIST THE FOLLOWING AS CERTIFICF-PE HOLDER CITY OF SANTA ANA ) (ATT:SIIARON HEIT P.O. BOX 1988 SANTA ANA;, CA 92702_ ) REMARKS APPLY TO: Auto EROL E HASSAN, AGENT 310 - 545 -6579 INITIALS(CJ ) AS 1�0 I-ORNI "1 c'Itc ,q guru cy CERTIFICATE HOLDER COPY STATE P.O. BOX 420807, SAN FRANCISCO, CA 94142 -0807 COMPENSATION I N S U R A N C E FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE JANUARY 6, 2003 GROUP: POLICY NUMBER: 428297 -2002 CERTIFICATE ID: 38 ..CERTIFICATE EXPIRES: 09 -24 -2003 - 09 -24- 2002/09 -24 -2003 CITY OF SANTA 'ANA ATTN NABIL SABA P 0 BOX 1988 SANTA ANA CA 92702 This is to certify that we have issued a valid Worker's Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon 30 days advance written notice to the employer. We will also give you 30 days advance notice should this policy be cancelled prior to its normal expiration. This certificate of Insurance is not an insurance', policy and does not amend, extend or alter the coverage afforded by the policies listed herein. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate of insurance 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. er AUTHORIZED REPRESENTATIVE PRESIDENT EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 09 -24 -2002 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. AI'PROV1,✓D AS t'O i ORNI La ra .hL°cdy Deputy City Atlorncy EMPLOYER BEAVENS SYSTEMS, INC. 2200 PACIFIC COAST HWY HERMOSA BEACH CA 90254 SCIF 10265 rEPF -UI: JT 1