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HomeMy WebLinkAboutDAVIS RESEARCH, LLC 140 City of Santa i' 3 ©? O Clerk of the Council AGREEMENT TERMINATION FORM c? Tc Once Use Only Please complete this form when the attached agreement and all amendments (if any) CITY OF Sr c N TA ANA are no longer in effect. CLERK O tCOUNCIL Return form to the Clerk of the Council Office (M-30). Call 647-2520 if you have any questions. No. NI-2009-143 was coml The agreement with Mist aq sue- Use apace below if needed.) m? on and final payment has been made Department: CJD?S' Phone/Ext.: 5 3Q5 Signature: L" JAU 00,27m Date: Cot 0-2- J `?O Revises 07-22-08 INSURANCl= aN F:iLi/ N-2009-143 waR~ r~,aY I~RaC~arr UNTIE INSURANCE ~;di'IIiES ~~` ``t'_ CLERK QI= NIL CONSULTANT AGREEMENT pA7E; +, ~ O 2010 INCORPORATING COMMUNITY DEVELOPMENT ~ ~ C C>~ ~ ~~'~ BLOCK GRANT REQUIREMENTS Fri.,, nK l~ e r k~~; ~~~ ~ z THIS AGREEMENT, made and entered into this ~ day of December, 2009 by and between Davis Research, LLC (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 ("City"). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of researching demographic information to establish the City's service area. B. The City, as an entitlement recipient and grantee of the United States Department of Housing and Urban Development ("HUD") Community Development Block Grant ("CDBG") Program, desires to enter this Agreement with the Consultant for the expenditure of CDBG funds in accordance with Title 24, Part 570 of Code of Federal Regulations 24 CFR 570.000, et seq. ("CDBG Reg's"); and C. Consultant represents that Consultant is not listed as debarred, is able and willing to provide such services to the City, and will comply with the CDBG Reg's. D. 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 the services set forth in Exhibit A, attached hereto and incorporated herein. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges set forth in Exhibit A. The total sum to be expended under this Agreement shall not exceed $14,000.00 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 1 be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above and terminate upon completion of the project, unless terminated earlier in accordance with Section 9, below. The term of this Agreement maybe extended upon a writing executed by the Deputy City Manager for Development Services 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 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 2 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 cancelled 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 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. 3 7. CONSULTANT'S OBLIGATIONS A. No Conflict. To the best of Consultant's knowledge, Consultant's execution, delivery and performance of its obligations under this Agreement will not constitute a default or a breach under any contract, agreement or order to which Consultant is a party or by which it is bound. B. No Bankruptcy. Consultant is not the subject of any current or threatened bankruptcy proceeding. C. No Pending Legal Proceedings/Debarment. Consultant is not the subject of a current or threatened litigation that would or may materially affect Consultant's performance under this Agreement. Consultant further acknowledges that it is not on the list of debarred contractors. D. No Pending Investigation. Consultant is not aware that it is the subject of any current or threatened criminal or civil action investigation by any public agency, including without limitation a police agency or prosecuting authority, that would relate to affect performance of the Agreement or provision of services hereunder. E. Licensing. Consultant agrees to obtain and maintain all required licenses, registrations, accreditation and inspections from all agencies governing its operations. Consultant shall ensure that its staff shall also obtain and maintain all required licenses, registrations, accreditation and inspections from all agencies governing Consultant's operations hereunder. F. Audit Report Requirements. Consultant agrees that if Consultant receives Five Hundred Thousand Dollars ($500,000.00) or more in federal funds, Consultant shall have an annual audit conducted by a certified public accountant in accordance with the standards as set forth and published by the United States Office of Management and Budget. Consultant shall provide City with a copy of said audit by October 1 of the year following the program year in which this Agreement is executed, if applicable. G. Record Keeping/Reporting. Consultant shall keep and maintain complete and adequate records and reports to assist City in meeting and maintaining its record keeping responsibilities under Title 24, Part 570 of Code of Federal Regulations 24 CFR 570.000, et seq. H. Access to Records. City and the United State Government and/or their representatives shall have access for purposes of monitoring, auditing, and examining Consultant's activities and performance, to books, documents and papers, and the right to examine records of Consultant's subcontractors, bookkeepers and accountants, employees and participants in regard to said program. City and the United States Government and/or their representatives shall also schedule on-site monitoring at their discretion. Monitoring activities may also include, but are not limited to, questioning employees and participants in said program and entering any premises or any site in which any of the services or activities funded hereunder are conducted or in which any of the records of Consultant are kept. Nothing herein shall be construed to require access to any privileged or confidential information as set forth in federal or state law. 4 I. Location of Records/Required Length of Record Keeping. All accounting records, reports, and evidence pertaining to all costs, expenses and the funds received by Consultant and all documents related to this Agreement shall be maintained and kept available at Consultant's office or place of business for the duration of the Agreement and thereafter for four (4) years after completion of an audit in conformity with the CDBG Reg's. Records which relate to (a) complaints, claims, administrative proceedings or litigation arising out of the performance of this Agreement, or (b) costs and expenses of this Agreement to which City or any other governmental agency takes exception, shall be retained beyond the four (4) years until complete resolution or disposition of such appeals, litigation claims, or exceptions. In the event Consultant does not make the above-referenced documents available within the city of Santa Ana, California, Consultant agrees to pay all necessary and reasonable expenses incurred by City in conducting any audit at the location where said records and books of account are maintained. J. Confidentiality. Without prejudice to any other provisions of this Agreement, Consultant shall, where applicable, maintain the confidential nature of information provided to it concerning participants in accordance with the requirements of federal and state law. However, Consultant shall submit to City and or HUD or its representatives, all records requested, including audit, examinations, monitoring and verifications of reports submitted by Consultant, costs incurred and services rendered hereunder. K. Lobbying. Consultant certifies that it will comply with federal law (31 U.S.C. 1352) and regulations found at 24 CFR Part 87, which provide that no appropriated funds may be expended by the recipient of a federal contract, grant, loan or cooperative agreement to pay any person for influencing or attempting to influence an officer or employee of any agency, Member of Congress, or an officer or employee of a Member of Congress in connection with awarding of any federal contract, the making of any federal grant or loan, entering into any cooperative agreement and the extension, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement. Consultant shall sign a certification to that effect in a form as set forth in Exhibit C attached hereto and by this reference incorporated herein. Consultant shall submit said signed certification to City prior to performing any of its obligations under this Agreement and prior to any obligation arising on the part of City to pay any sums to Consultant under the terms and conditions of this Agreement. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit a "Disclosure Form to Report Lobbying," in accordance with its instructions. L. Financial Interest. Consultant agrees that except for the use of funds to pay salaries and other related administrative or personnel costs, no persons who exercise or have exercised any function with respect to activities assisted under the terms of this Agreement, or who are in a position to participate in adecision-making process or gain inside information with regard to such activities, may obtain a financial interest or benefit from aCity-assisted activity of 5 Consultant, either for themselves or those with whom they have family or business ties, during their tenure or for one year thereafter. This prohibition applies to any person who is an employee, agent, consultant, officer, or elected or appointed official of City, or of any designated public agencies, or the Consultant. M. Drug Free Workplace. Consultant certifies that it has established the following drug- free workplace policy: 1. The unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the workplace for any employee involved in a federally funded program. 2. As an employee working in conjunction with a federally funded program, the employees of Consultant will be required to: a) Abide by the terms above in statement 1. b) Notify appropriate officials of Consultant and City officials of any criminal drug statute conviction for a violation occurring in the workplace not later than five days after such conviction. 3. The City and the United State Department of Housing and Urban Development will be notified within ten days after receiving notice of any such violation. 4. Within 30 days of receiving such notice, appropriate personnel action will be taken against such employee, up to and including termination. Each such employee shall be required to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a federal, state or local health, law enforcement, or other appropriate agency. N. Nondiscrimination. Consultant agrees that no person on the ground of race, age, color, national origin, religion or sex will be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds received pursuant to this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. O. Conflict of Interest. Consultant agrees that no officer, employee, agent or assignee of City who was involved in the sale of said property, either directly or indirectly, shall serve as an officer of Consultant. Further, any conflict or potential conflict of interest of any officer of Consultant shall be fully disclosed in writing prior to the execution of this Agreement and said writing shall be attached and deemed fully incorporated as a part hereof. Notice shall be sent by Consultant to City regarding any changes or modifications to its board of directors and list of officers. 6 P. Prohibition Of Nepotism. Consultant agrees not to hire or permit the hiring of any person to fill a position funded through this Agreement if a member of that person's immediate family is employed in an administrative capacity by Consultant. For the purposes of this section, the term "immediate family" means spouse, child, mother, father, brother, sister, brother-in-law, sister-in-law, father-in-law, mother-in-law, son-in-law, daughter-in-law, aunt, uncle, niece, nephew, stepparent and stepchild. The term "administrative capacity" means having selection, hiring, supervisor or management responsibilities. 8. ASSIGNABILITY None of the duties of, or work to be performed by, Consultant under this Agreement shall be subcontracted or assigned to any agency, consultant, or person without the prior written consent of City. Consultant must submit all subcontracts and other agreements that relate to this Agreement to City. No subcontract or assignment shall terminate or alter the legal obligations of Consultant pursuant to this Agreement. 9• TERMINATION A. This Agreement may be terminated on thirty (30) days' written notice by either party. In the event of such termination, Consultant shall only be entitled to reimbursement for approved expenses incurred to the effective date of termination. B. This Agreement maybe suspended or terminated by City upon five (5) days' written notice for violation by Consultant of Federal Laws governing the use of Community Development Block Grant Funds. In the event of such suspension or termination, Consultant shall only be entitled to reimbursement for approved expenses incurred up to the effective date of suspension or termination. C. Pursuant to 24 CFR 85.43, in the event Consultant defaults by failing to fulfill all or any of its obligations hereunder, City may declare a default and termination of this Agreement by written notice to Consultant, which default and termination shall be effective on a date stated in the notice which is to be not less than ten (10) days after certified mailing or personal service of such notice, unless such default is cured before the effective date of termination stated in such notice. If terminated for cause, City shall be relieved of further liability or responsibility under this Agreement, or as a result of the termination thereof, including the payment of money, except for payment for approved expenses incurred for services satisfactorily and timely performed prior to the mailing or service of the notice of termination, and except for reimbursement of (1) any payments made for services not subsequently performed in a timely and satisfactory manner, and (2) costs incurred by City in obtaining substitute performance. D. The grant of funds under this Agreement may be terminated for convenience in accordance with 24 CFR 85.44. 7 10. VENUE/JURISDICTION 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. 11. VALIDITY The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. 12. NO_ 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, California 92702-1988 telefacsimile (714) 647-6956 With courtesy copies to: Deputy City Manager for Development Services Community Development Agency City of Santa Ana 20 Civic Center Plaza (M-25) P.O. Box 1988 Santa Ana, California 92702-1988 telefacsimile (714) 647-6549 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: Davis Research, LLC 23801 Calabasas Road, Suite 1036 Calabasas, CA 91302-1595 Telefacsimile (818) 591-2488 13. 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 Agency fully, including reasonable costs and attorney's fees, for any injuries or damages to Agency 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. c. No delay or omission by either party hereto to exercise any right or power accruing upon any noncompliance or default by the other party with respect to any of the terms of this Agreement shall impair any such right or power or be construed to be a waiver thereof. A waiver by either of the parties hereto of any of the covenants, conditions, or agreements to be performed by the other shall not be construed to be a waiver of any succeeding breach thereof or of any other covenant, condition or agreement herein contained. 9 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: CITY OF SANTA ANA Maria D. Huizar CityClerk APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney By: , ~ . ;,~,, ,r Lisa Storck Assistant City Attorney _~ ~.~.<i~G~~~ David N. Ream City Manager CONSULTANT Davis Research, LLC. / / Bill Davis Partner Tax ID# ~~--- C. / ~~ ~ ~ ~ C/ 10 ~~111 ~AVI~ -,,, RESEARCH LLC DATE: November 23, 2009 23801 Calabasas Road, Suite 1036, Calabasas, California 91302-1595 Telephone: (818) 591-2408 Fax: (818) 59i-2488 To: Frank Hernandez City of Santa Ana FROM: Jason Kerns Davis Research LLC INTRODUCTION Thank you identifying Davis Research as a potential partner for your upcoming intercept research project related to understanding demographic information related to your downtown patrons /workers. We feel we have the experience and diligence to properly execute this project in a flawless manner and deliver you with a final report that will provide valuable insights in answering your research objectives. Davis Research has been in operation in 1970 and is a leader in the industry in understanding the latest trends in data collection and methodology. We are extremely innovative in our approach to the data collection process and approach the experience from a scientific perspective to ensure that our clients receive quantitative data that is representative of the segment being researched. PROJECT OVERVIEW As outlined in your request for proposal, you would like to conduct intercept research of patrons /employees of downtown Santa Ana (defined as a four block area and respective parking structures). Respondents would be intercepted (on behalf of the City of Santa Ana) in and around the downtown or at one of four defined parking structures and asked up to two questions (zip code and other question). All of the Davis Research employees will be bilingual and will work in pairs for safety reasons. The interviewing will take place over five continuous days (7:30 am to 5:30 pm) Tuesday, January 12, 2010 to Saturday, January 16, 2010. Davis Research will collect the data of one or two questions and will output a detailed statistical report of the findings. The final data report will be just statistical in nature (no text) but will be presented in such a way that will make it very easy to understand and report on. Here are some examples of various reporting options that can be discussed: ~.~VIS~~~II 23801 Calabasas Road, Suite 1036, Calabasas, California 91302-1595 .("'1 1 /Jj Telephone: (81 B} 591-2408 Fax: (818) 591-2488 RESEARCH LLC Our interviewing team will have official City of Santa Ana badges along with a letter from the city to identify who they are and for what purpose they are conducting the research. We will have one supervisor onsite who will be monitoring the work of the employees daily. Although we cannot predict how busy these downtown areas and parking structures will be, we expect that we should be able to conduct 800 interviews in total over five days with three interviewing teams. This quote is good for at least 90 days. As per the city requirement, upon request, we will submit documentation of our company's general liability insurance with the City of Santa Ana as additionally insured. PROJECT COSTS Item Description Cost: Notes: tnterviewing: $12,000 6 employees (including supervisor) over 5 days / N = 700 to 800 total (350 to 400 downtown area, 350 to 400 in parking structure). Data Report: $1,250 Project Management: $750 Total: $14,000 Please let us know if you would like to schedule a meeting to discuss this project or if you have any questions about items addressed in this proposal. Regards, Jason Kerns Davis Research LLC ~. ~~ CERTIFICATE OF LIABILITY i NSURANCE OP ID SK DATE(MMlDD,YYYV) PRODUCER DAVIS-1 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION 09 Riviera Insurance Service, LLC ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 3710 State St. Suite 8 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Santa Barbara CA 93105 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Phone:805-880-4260 Fax:805-880-4259 INSURED INSURERS AFFORDING COVERAGE NAIC # INSURER A, aartPOrd Casualty Sneuranoe Go Davs.s Resaarch, LLC INSURER B Evaraat national Inauranoa Co. Attn' MrS{, ~T®nnyfes Davis .INSURER C' 23801 Calabasas Rd. Suite 1036 Calabasas CA 91302 INSURER D: COVERAGES INSURER e. 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 8E 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 MAV HAVE BEEN REDUCED BY PAID CLAIMS. LTR NSR TYPE OF INSURANCE POLICY NUMBER „~ LIC___ FFE NE L v rwrwnr GENERAL LIABILITY A X X COMMERCIAL GENERAL LIABILITY 72SHAUC18273 CLAIMS MADE ~ OCCUR GEN'L AGGREGATE LIMIT APPLIES PER' ---I POLICY I,.._..-I PRO' I----l LOC JECT f AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS _ NON-OWNED AUTOS OARAGE LUU3ILITY ANY AUTO - - ""' T ~ UMITB EACH OCCURRENCE 04/12/09 04/12/10 $ 2, 000, OOO pREMISES(Eaoccurence $ 300 000 MED EXP (qny one person) _ $ 10 ~ OOO PERSONAL &ADV INJURY $ 2, OOO, OOO GENERAL AGGREGATE $ 4,000, OOO -PRODUCTS-COMP/OPAGG $4,000,000 F~ ,~ ;: R~ ~ ~4gp•~EU _ ~ KA ..••p ~'~ . ..t ~,~ty p'~K;~ EXCESS / UMBRELLA LIABILTY ~- A X OCCUR ~ CLAIMS MADE 72SBAW8273 DEDUCTIBLE X RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LUU3ILITY $ ANYPROPRiETOR/PARTNERlEXECUTI Y!N OFFICER/MEMBER EXCLUDED? ~ 6000002452091 (Mandatory in NH) COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) $ BODILY INJURY (Peraccidenq $ PROPERTY DAMAGE (Per accmenQ $ I AUTO ONLY - EA ACCIDENT $ I~ OTHER THAN EA ACC $ AUTO ONLY AGG $ EACH OCCURRENCE $ 3 , 0OO 000 04/12/09 04/12/10 AGGREGATE $ 3, 000, 000 E _.. $ 09/30/09 09/30/10 E.L. EACH ACCIDENT $ 1 , 000, 000 E.L. DISEASE-EAEMPLOVEE $ 1,000,000 E.L. DISEASE -POLICY LIMIT $ 1, OOO , OOO utst:RiPTION OF OPERATIONS /LOCATIONS !VEHICLES !EXCLUSIONS ADDED BY ENDORSEMENT / SPECWL PROVISIONS Certificate Holder is Additional Insured as respects to the General Liability regarding a work project for the City of Santa Ana from 1/12/10 to 1/16/10. Primary and Non-Contributory; See attached Additional Insured Endorsement for Commercial General Liability Policy supplemental form; *Except 10 days notice of cancellation due to non-payment of premium, CERTIFICATE HOLDER CANCELLATION BHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATIO C'IT--20 DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL *3O DAYS WRITTEN ity of Santa Ana; Community NOTICE Tp THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE 70 DO SO SHALL Development Agency; Deputy City IMPOSE NO OBIJOATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR Manager for Development SrvOB REPRESENTATNES. 20 C`iViC Center Plaza, M-25 AUTHORI76pR pRESENT~TNE ~ ~ ~ ~~ Santa Ana CA 927ni ~ JJ // 2b (2009/01) - ~~ ~/ The ACORD name and logo are reg[stered markss of r , ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY POLICY Insurance Company , ~ ~ C~rj`nG ~ 1 ~, ~~`~ , ~~~-.~~n ~1~ ~ This a dorsement modifies such insurance as is afforded by the provisions of Policy # ~a ~ ~~ relating to the following: 1 • The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 9270I; 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 ofthe 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;separateiy to each insured against whom claim is made. or suit is brought except withrespe~t~ to:.the company's limits of iiabilit}r. :The inclusion of any • person or organization; as an -insured shall.not affect any right which such person or or anization _. would have as a claimant ifnot so included: g .. ,. 4. With respect to.the additional insureds, this insurance shall not be cancell materially reduced- in coverage orlimits except a$er thi _ ed, or ve to the Cityof Santa .Ana, 20 Civic Center Plaza, :Santa3AnnaaGalifornia 92701 ha` :.been •, (Completion of the following, including countersignature is_r~quir~d~to m~l~e this en o`~ i 1~~,,~ ~ j effective.) ~'rseme}lt ~ .~.. Effective _~'" ~_ Policy # ~ --__~~ this endorsement form as a part of Issued to ~ Named Insured ~ ~~ n ~ ~'~ Countersigned b ` '~~~'~ JZ~'L '~~' ~, y .. '~ ~'~~ .~pRG ,~ney Authorize Represents'' e 5 ~•o ~~gP ~'G~~y P ~s`S~a~