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HomeMy WebLinkAboutFRASCO INVESTIGATIVE SERVICES (2)-2008INSURANCE ON FILL , WORK MAY PRQCEE~ UNTIL INSURANCE EXPIRES ~-l-oq~_.____. CLERK OF COUNCI'~. naTF ~.5~'_©~ C'~ 2 o w`~ m ~~21 ~ CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into this 22°d day of December, 2008 by and between Frasco Investigative Services, 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 investigative services. 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 Consultant shall perform investigative services on an on-call basis for the City of Santa Ana. Consultant shall report directly to, and provide services at the written direction of, the Executive Director of Personnel Services. 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 $10,000.00 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. 3. TERM N-2009-002 This Agreement shall commence on the date first written above and terminate on expenditure of allocated funds, unless terminated earlier in accordance with Section 12, below. 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 anemployer-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 insureds) 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. 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; and (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. 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 effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. 7. 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 Personnel Services City of Santa Ana 20 Civic Center Plaza (M-24) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 647-5103 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: Frasco Investigative Services 2900 Bristol Street, Building A, Suite 285 Costa Mesa, California 92626 Telefacsimile (714) 528-8937 Attn: Derek Nelson 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 maybe 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 its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 16. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties 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: 1 `1~ TRICIA E. ALY Clerk of the Council CITY OF SANTA ANA /.. t~ ~~ ~~~ DAVID N. REAM City Manager APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney ;i La `Speedy Assistant City Att rney FRASCO INVESTIGATIVE SERVICES RECOMMENDED FOR APPROVAL: HENRY J. V Executive ' ec r the Personne ervices Agency ~GGrG~ /LI/ %~~ (Name)f/ (Title) v` ~L ~ ~r~ ~/ ~~~ v Tax ID# EXHIBIT A QUICK FACTS ABOUT FRASCO Years in Business .........................................................................................................44 Full Service Offices .....................................................................................................12 Turnaround Time ................................................................................. 21 Days or Less* Rush Service Available .........................................................Anytime/No Extra Charge Investigations Hourly Rate ...........................................................................$71.50/Hour SIU & Complex Investigations Hourly Rate ................................................$85.00/Hour Mileage ............................................................................................................. $.70/Mile Discount Rates .....................................................................Available Based on Volume Coverage Areas ...................California, Arizona, Nevada, Midwest & Eastern Regions Employees ..................................................................Over 100 Full Time Investigators Subcontractors ................................................................................ We Don't Use Them Insurance ............................................................................ $5 Million E & O Coverage Licenses ............................... California, Arizona, Nevada, Utah, Minnesota, Wisconsin, Massachusetts & Texas Upcoming Offices .................................................................................................. Texas Frasco, Inc. has full service offices throughout California, Arizona, Nevada, Minnesota and Massachusetts. We have been in business for over forty-three years and have developed strong ties with the communities we serve, ensuring a depth of knowledge for the demographics and the challenges certain areas present. We care about our employees and offer full benefits, including a company matching 401k Plan. Our staff members are loyal, long-term employees; many of them have worked with us for ten years or more. We believe this commitment to our employees carries over in the way they treat our clients and assures a consistent, high quality product, as well as investigators who will be there when you may need them most -for court appearances a year or two from now. * You will receive a report within twenty-one days or less from the date you make the assignment. Additional time maybe required to complete the assignment. Frasco Investigative Services is a service of Frasco, Inc. Corporate Headquarters 215 W. Alameda Ave., Burbank, CA 91502 ~*..~ tel: (818) 848-3888 fax: (818) 846-9995 www.frasco.com LOS ANGELES • HAY AREA • ORANGE/INLAND EMPIRE • SACRAMENTO • FRESNO/BAKERSFIELD • VENTURA • SAN DIEGO • PHOENIX • LAS VEGAS • ST. PAUL • BOSTON • TEMECULA Frasco, Inc. • CA License PI 6277 • AZ License 1003887 • NV License 1026 • MN License 972 • UT License P101535 • WI License 16499- 062 • MA License P-1537 • TX License A14817 ACORD CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) TM 12 23 2008 PRODUCER phone: 916-925-2525 Fax: 916-925-3595 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION James C. Jenkins Ins. Services Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE PO Box 13847 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR i ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. L cense No 0545478 Sacramento CA 95853 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURERA: State Com ensation Ins Fund Frasco, Inc. 215 W l d INSURER B: . A ame a Ave. Burbank CA 91502 INSURERC: INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR DO POLICYNUMBER POLICY EFFECTIVE POLICYEXPIRATK)N LIMITS GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY DAMA T R N ED PREMISES Eaoccurence $ CLAIMS MADE ~ OCCUR MED EXP (Any one person) $ PERSONALRADVINJURY $ GENERAL AGGREGATE $ GEN'LAGGREGATELIMITAPPLIESPER: PRODUCTS-COMP/OPAGG $ POLICY PRO LOC AUT OMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANY AUTO (Ea accident) ALL OW NED AUTOS BODI I LY NJURY $ SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY $ NON-0WNED AUTOS (Per accident) ~ l ~~ PROPERTY A ~ D MAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO EA ACC OTHER THAN $ AUTO ONLY: AGG $ EXCESSAIMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR ~ CLAIMS MADE AGGREGATE $ $ DEDUCTIBLE _ $ RETENTION $ $ A WORKERS COMPENSATION AND ' 3 8 0 9 2 0 0 9 1/ 1/ 2 0 0 9 1/ 1/ 2 010 X wR SIAM u- orH- EMPLOYERS LIABILITY ANY PROPRIETORIPARTNER/EXECUTIVE E.L. EACH ACCIDENT $ 1 Q 0 Q (7 Q Q OFFICERIMEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE $ 1 Q Q Q Q Q Q If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE -POLICY LIMIT $ OTHER DESCRIPTION OFOPERATIONS / LOCATK)N8 /VEHICLES /EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS E: Evidence of coverage. 10 day notice of cancellation will apply if cancelled for non-payment of premium. Evidence of Coverage Insureds use only 215 W. Alameda Ave. Burbank CA 91502 ACORD 25 (2001/08) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 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 UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE 1988 IMPORTANT If 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). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of 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. r+~,vrcv ~~ ~~uu~rva/ ACORD CERTIFICATE OF LIABILITY INSURANCE OPID SN DATE(MMrDD/YYYY) PRODUCER FRASC-1 12 29 08 Alliance Mgt . & Insurance Serv THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION 355 Via Vera Cruz #7 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND EXTEND OR CA Agent/Broker Lic# 0737966 , ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW San Marcos CA 92078 . Phone:760-471-7116 Fax:760-471-9378 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: FlrSt Mercu Iris . CO al'1 INSURER B: First Mercu Ins . Co an Frasco IIIC 215 W Al d INSURER C ame a Avenue Burbank CA 91502 INSURER D: INSURER E: CA\/FR Ar CC THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR NSR TYPE OF INSURANCE POLICY NUMBER DATE MMIDDlYY DATE MM/DDM' N LIMITS GENERAL LV181LITY EACH OCCURRENCE $ 1 ~ QQQ ~ QQQ A X X COMMERCIAL GENERAL LIABILITY FMMI005261-4 04/01/08 04/01/09 PREMISES (Eaoccurence) $ 100,000 CLAIMS MADE ~ OCCUR MED EXP (Any one person) $rj , Q Q Q X Errors & Omiss FMMI005261-4 04/01/08 04/01/09 PERSONALBADVI NJURY $1 OOO,OOO X Owners 6 Contr. FMt~II005261-4 O4/O1/O8 O4/O1/O9 GENERAL AGGREGATE ' $ 2 r QQQ ~ ~QQ GEN LAGGREGATELIMITAPPLIESPER: D O- PRODUCTS-COMP/OPAGG $ 1 ~ 000 ~ QQQ EC ]{ POLICY LOC AUT OMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMIT (Ea accident) $ 1 r QQQ i 000 ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per person) $ A A X X HIRED AUTOS NON-OWNED AUTOS FMNII005261-4 FMMI005261-4 04/01/08 04/01/08 04/01/09 04/01/09 BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESSlUMBRELLA LIABILITY EACH OCCURRENCE $ Q ~ QQQ ~ QQQ B X OCCUR ~ CLAIMS MADE CEMI000625 04/01/08 04/01/09 AGGREGATE $ 4 ~ QQQ ~ QQQ DEDUCTIBLE $ RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY TORY LIMITS ER ANY PROPRIEiOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? E.L. EACH ACCIDENT $ If yes, tlescribe under E.L. DISEASE- EA EMPLOYEE $ SPECIAL PROVISIONS below E.L. DISEASE -POLICY LIMIT $ A OTHER Misc Property FMMI005261-4 04/01/08 04/01/09 $500 Ded $50,000 DESCRIPTK)N OF OPERATIONS /LOCATIONS /VEHICLES /EXCLUSIONS ADDED BY ENDORSEMENT /SPECIAL PROVISIONS THE CITY OF SANTA ANA IS NAMED AS AN ADDITIONAL INSURED; ITS OFFICERS, i ~ , EMPLOYEES, AGENTS, VOLUNTEERS AND REPRESENTATIVES. 'L~'(~'~~ /`.CRT/ CI!`ATC unl nCC _ _ _. _ -_ The City of Santa Ana 20 Civic Center Plaza Santa Ana CA 92701 ACORD 25 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATIO DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3O 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 UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. ©ACORD CORPORATION ~9RR