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HomeMy WebLinkAboutMGT OF AMERICA, INC. 1e �I� City Of Santa Ana ` Clerk of the Council AGREEMENT TERMINATION FORM €i'."s_t, 1 °'— 27 RM * 0-5 Core Office Use Only Please complete this form when the attached agreement and all amendments (if any) are no longer in effect. Return form to the Clerk of the Council Office (M -30). i The agreement with a2k"Z C27?J��fy Na_ N-M O1 01 r{ was completed on 11 12-5110 and final payment has been made. (Ust all amendments. Use space below if needed.) Department: t4i 6 1 r_ Wows A6eNGK Phone /Ext.: Cif-() (PIVI 3 3 1 Signature: Date: IO�ZS� 11 Revised 0412 -10 ON {;L, Its Vii PROCEED N- 2010 -014 ,14111 NSURANGF EXPIRES _../d Gti-"ill OF COUNCIL "'JE - 02 -cPG -/Q AGREEMENT FOR COST RECOVERY STUDY 0- LDwAC 1N•M �kaye.s THIS AGREEMENT, made and entered into this 16th day of February, 2010 by and between MGT of America, Inc., a Florida 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 cost allocation methodology. B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: SCOPE OF SERVICES Consultant shall perform a cost allocation study of the City's graffiti abatement program to determine the City's square foot cost of graffiti abatement in order that the City may fully recover its abatement costs from those who . 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for all costs related to the graffiti abatement cost allocation study, a fee of $8,000.00. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above and terminate on delivery of the completed study and backup materials to the City, 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 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 which 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. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary with respect to insurance or self - insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 combined single limit. 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: 2 (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 negligence, recklessness or willful misconduct 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 negligence, recklessness or willful misconduct of Consultant 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. 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, 3 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 facsimile 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 facsimile (714) 647 -6956 With courtesy copies to: and To Consultant: Public Works — Maintenance Division City of Santa Ana 220 South Daisy Avenue, Bldg A Santa Ana, California 92703 facsimile (714) 647 -3345 City Attorney City of Santa Ana 20 Civic Center Plaza (M -29) P.O. Box 1988 Santa Ana, California 92702 facsimile (714) 647 -6515 Brad Burgess MGT of America, Inc. 2001 P Street, Suite 200 Sacramento, CA 95811 facsimile (916) 443 -1766 4 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 facsimile, 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. 5 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 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. Captions and headings in this Agreement, including the title of this Agreement, are for convenience only and are not to be considered in construing this Agreement. c. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. 0 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: . MARIA D. 14UIZAR Clerk of the Council APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney Bye, s 1 Laura Sheedy Assistant City Attorney RECOMMENDED FOR APPROVAL: RAU GODINE Executive Directo Public Works Age y CITY OF SANTA ANA DAVID N. REAM City Manager MGT OF AMERICA, INC. GESS or EXHIBIT A SCOPE OF SERVICES MGT OF AMERICA, INC. is a group of highly experienced consultants providing local governments with consulting services focused on the development of cost allocation plans, SB -90 reimbursement, indirect cost rates, and the calculation of user fee services. The City of Santa Ana devotes the resources of several departments to combat graffiti. The City now wishes to charge perpetrators a fee sufficient to offset the full cost of abatement. Santa Ana graffiti abatement fee study scope ❑ Quantify the annual direct cost of the graffiti abatement program, including efforts by Police, Code Enforcement, Public Works and City Attorney. ❑ Incorporate a Citywide indirect cost factor from the City's cost allocation plan to recognize support costs from departments such as Finance, City Manager, Human Resources, etc. ❑ Divide the resulting full annual cost by the annual square footage of graffiti abated to arrive at a per square footage cost. ❑ Prepare a brief write -up documenting the methodology behind the graffiti abatement fee calculation. PROPOSED PRICE MGT will conduct the study described above for a not -to- exceed fee of $8,000. AtE RW CERTIFICATE OF LIABILITY INSURANCE OP ID NK Vrt """ MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH MGTOF-1 02/25/10 PRODUCER PE OF INSURANCE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION DATE (MMIDDIYY`YY) Earl Bacon Agency, Inc LIMITS ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 3131 Lonnbladh Road GENERAL LIABILITY HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P.O. Box 12039 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Tallahassee FL 32317 A X X COMMERCIAL GENERAL LIABILITY CLAIMS MADE Fx—1 OCCUR Phone:850- 878 -2121 Fax:850- 878 -2128 07/01/09 INSURERS AFFORDING COVERAGE NAIL# INSURED MGT of America, Inc. MED EXP (Any one person) INSURER A: valley Forge Ins Co. 20443 and Public Resourse Management INSURER Continental Casualty 20443 a wholly owned subsidiaOfOr MG T MG INSURER C American Cas,CO.of Reading PA 20443 2123 Centre Point Blvd. Tallahassee FL 32308 Blkt Waiver of Su INSURER D Travelers Cas &Surety Cc of Ame 25623 1 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. LTR INSIRD PE OF INSURANCE POLICY NUMBER DATE (MMIDDIYY`YY) DATE (MMIDD/YYYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ $1,000,000 A X X COMMERCIAL GENERAL LIABILITY CLAIMS MADE Fx—1 OCCUR 2093390918 A -XV RATING 07/01/09 07/01/10 PREMISES E occurein $ $ 300,000 MED EXP (Any one person) $ $ 5,000 PERSONAL & ADV INJURY $$1,000,000 Blanket Add' l Ins Blkt Waiver of Su GENERAL AGGREGATE s$2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS - COMP /OP AGG $ $2,000,000 JPRECT X POLICY O LOC C AUTOMOBILE X LIABILITY ANY AUTO 2093563501 A -XV RATING 07/01/09 07/01/10 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS APPROVED AS TO E C RM BODILY INJURY (Per accident) $ X X HIRED AUTOS NON -OWNED AUTOS � J Laura PROPERTY DAMAGE (Per accident) $ t Sheedy GARAGE LIABILrrY Assistant "City AttorneS, AUTOONLY - EAACCIDENT $ ANY AUTO OTHER THAN EA ACC AUTO ONLY AGG $ $ EXCESS I UMBRELLA LIABILITY EACH OCCURRENCE $ 4,000,000 $ OCCUR ❑ CLAIMS MADE 2093563496 A -XV RATING 07/01/09 07/01/10 AGGREGATE $4,000,000 $ $ DEDUCTIBLE X RETENTION $10,000 $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR /PARTNER /EXECUTIVE El OFFICER/MEMBER EXCLUDED? (Mandatory inNH) If yes, describe under SPECIAL PROVISIONS below 311086712 A -XV RATING BLANKET WAIVER OFSURRO 07/01/09 07/01/10 - X TORY LIMITS ER E. L. EACH ACCIDENT f-, $ 500000 EL .DISEASE - E �YEE $ "5'00000 E.L. DISEASE- P60I LIMIT $ 300000 B OTHER Workers Comp - CA 311086788 A -XV RATING 07/01/09 07/01/10 ' T Empl Liab $1,000,000 D I Prof Liab- (E &O) Clm 104968324 RETRO:7/5/95 07/01/09 07/01/10 Liab /Aggr J3, 000, 000 DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS *45 Days Written Notice of Canc- Nonrenewal. *10 Days Written Notice of Canc - Nonpayment. Included as an additional insured under the general liability is the City of Santa Ana, its officers, employees, agents volunteers and representatives - GL form written on primary & noncontributory basis. ctK I IrICA I t MULLitK CANCELLATION City of Santa Ana Attn.: Will Hayes 20 Civic Center Plaza (M -30) P. O. Box 1988 Santa Ana CA 92702 -1988 ACORD 25 (2009/01) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION SAANSA4 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 _ The ACORD name and logo are registered marks of ACORD reserved. 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 This Certificate of Insurance 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. AGORA ZS (2009101) Y.1� z�to- vt•-t .acoRa"" CERTIFICATE OF LIABILITY �� INSURANCE DATE (MI♦A'DD/YYYY) 6 18 2010 PRODUCER pyyone: 850 -878 -2121 Fax: 85o -B78 -2128 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Earl Bacon Agency, Snc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE P.O. Box 12039 Tallahassee FL 32317 ?��� pl)l� .y � HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ER THE COVERAGE AFFORDED BY THE POLICIES BELOW. POLICY EXPIRATION LIMITS A I SU ERS AFFORDING COVERAGE NAIC # INSURED -: MGT o£ America, Snc., & Public R�- {��i�cC? M mt !' Group, a wholly owned subsidiary o3= `MGT -g � /`INS - A -Valle For e Snsurance Co 20508 RB:American Cas.Co.o£ Readin P 20427 INSURER C:Continental Casualt Company_ __ 20443 2123 Centre Point Blvd. wsu.RER D. Travelers Casualt & Surety__C 31194 Tallahassee FL 32308 INSURER E' $ 3 Q Q QQQ MED EXP (Any one person) 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 T ADD' POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS A X _GENERAL LIABILITY 2 0 9 3 3 9 0 919 7 1 2 Q 1 Q 7 1 2 Q 11 / / EACH OCCURRENCE ___ $ _ 1_,_�_Q_Q 0 � 0 X COMMERCIAL GENERAL LIABILITY A A� Et�NTED PREMISES Ea occurrence $ 3 Q Q QQQ MED EXP (Any one person) _ $ rj Q Q Q CLAIMS MADE � OCCUR PERSONALSADV INJURY $1000 QQQ X A -XV RaYin� GENERAL AGGREGATE $ 2 O O O Q Q Q GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP A_GG $ 2 QQQ O O O X POLICY PRO LOC B AUTOMOBILE X LIABILITY ANY AUTO 2 Q 9 3 5 6 3 5 Q 1 7 1 2 Q 1 Q 7 1 2 Q 11 COMBINED SINGLE LIMIT (Ea accident) $ 1, 0 0 0, 0 0 0 BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS /1, � " �(,� [ / � _ X BODILY INJURY (Per accitlent) $ HIRED AUTOS NON -OWNED AUTOS -XV Rating 1 �. � - "'- -- - _ i L � �C: {. ..y��� �_��� i ` Ll , � � ' _ _ X X PROPERTY DAMAGE (Per accitlen[) $ GARAGE LIABILITY /»:,I� CH i 'ZJl l y !t L I OC>; L AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO $ AUTO ONLY: AGG C EXCESS /UMBRELLA LIABILITY X OCCUR � CLAIMS MADE 2 0 9 3 5 6 3 4 9 6 - 7/ 1/ 2 Q 1 Q 7/ 1/ 2 Q 11 EACH OCCURRENCE S 4 QQQ Q Q Q AGGREGATE $ 4 QQQ O Q Q $ g DEDUCTIBLE g RETENTION $ A C WORKERS COMPENSATION AND EMPLOYERS'LIABILITY ANY PROPRIETOR /PARTNER /EXECUTIVE � OFFICER /MEMBER EXCLU DED7 3011086712 3 011 0 8 6 7 8 8 CA 7/1/2010 7/ 1/ 2 Q 1 Q 7/1/2011 7/ 1/ 2 011 WC STATU- OTH- X X CA EL -below E.L. EACH ACCIDENT $ rj Q Q Q Q Q E.L. DISEASE - EA EMPLOYE $ Cj Q Q Q Q Q (Mantlatory In NH) If yas, describe untler SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT $ Q Q Q Q Q D OTHER Professional Liab. (E6�0) Claims -Made form 104968324 7/1/2010 7/1/2011 Limit 2, 000, 000 ggregate 3,000,000 7/5/95 Retro Dale DESCRIPTON OF OPERATIONS /LOCATIONS /VEHICLES /EXCLUSIONS ADDED BY ENDORSEMENT /SPECIAL PROVISIONS lanket Additional Insured endorsement under General Liability. Blanket waiver of Subrogation applies to General lability, California and All Other Workers Compensation policies- Umbrella: A -XV Rating. All Other Workers' Comp nd CA Workers' Comp: A -XV Rating. California Employers Liability Limits: $1,000,000 Each Accident /$1,000,000 Disease olicy Limit /$1,000,000 Disease Each Employee 45 Days Written Notice o£ Canc- NOnrenewal. X10 Days Written Notice of Canc - Nonpayment_ Included as an additional ee Attached__ �., r =rt I It -1\.,M 1 C tTV LVCR l.A1Y l.CLLA I IVIV SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WSLL ENDEAVOR TO MAIL 30 DAYS WRSTTEN NOTICE TO THE City O f Santa Ana , At to . Wi 1 1 Haya S CERTIFICATE HOLDER NAMED TO THE LEFT , BUT FAILURE TO DO SO 20 Civic Canter Plaza (M -30) SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON P. O. Box 1988 THE INSURER, STS AGENTS OR REPRESENTATIVES. Santa Ana CA 92702 -1988 AUTHORIZED REPRESENTATIVE �� /_yiC! /!� ACORD 25 (2009/01) ©1988 -2009 ACORD CORPORATION_ All riofrts reserved_ The ACORD name and logo are registered marks of ACORD IMPORT74NT 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 This Certificate of Insurance 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. ACORD 25 insured under the general liability isthe City o£ Santa Ana, its officers, employees, agents volunteers and representatives - GL form written on primary & noncontributory basis. MGT of America, Inc. Policy#2093390918 Effective 7/1/10 -11 cwi�► G- 17957 -G (Ed. 01/01) IMPORTANT: THIS ENDORSEMENT CONTAINS DUTIES THAT APPLY TO THE ADDITIONAL INSURED IN THE EVENT OF OCCURRENCE, OFFENSE, CLAIM OR SUIT. SEE PARAGRAPH C.1. OF THIS ENDORSEMENT FOR THESE DUTIES. ALSO, THIS ENDORSEMENT CHANGES THE CONTRACTUAL LIABILITY COVERAGE WITH RESPECTS TO THE "BODILY INJURY" OR "PROPERTY DAMAGE" ARISING OUT OF THE "PRODUCTS- COMPLETED OPERATIONS HAZARD ". SEE PARAGRAPH B.3. OF THIS ENDORSEMENT FOR THIS COVERAGE CHANGE. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTOR'S SCHEDULED AND BLANKET ADDITIONAL INSURED ENDORSEMENT WITH LIMITED PRODUCTS - COMPLETED OPERATIONS COVERAGE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Name of Person or Organization: tY�3�1=[D1UA4 Designated Project: (Coverage under this endorsement is not affected by an entry or lack of entry in the Schedule above.) m A. WHO IS AN INSURED {Section II) is amended to 2. The Limits of Insurance applicable to the � include as an insured any person or organization, additional insured are those specified in the o including any person or organization shown in the written contract or written agreement or in the � schedule above, (called additional insured) whom you Declarations of this policy, whichever is less. ° are required to add as an additional insured on this � These Limits of Insurance are inclusive of, and not policy under a written contract or written agreement; in addition to, the Limits of Insurance shown in the but the written contract or written agreement must be: Declarations. 1. Currently in effect or becoming effective during the 3. The coverage provided to the additional insured term of this policy; and by this endorsement and paragraph f. of the � = 2. Executed prior to the "bodily injury," "property definition of "insured contract" under "bodily damage," or "personal and advertising injury". DEFINITIONS (Section V) do not apply to "property � injury" or damage" arising out of the ; B. The insurance provided to the additional insured is "products - completed operations hazard" unless limited as follows: required by the written contract or written agreement. When coverage does apply to "bodily _ 1. That person or organization is an additional injury" or "property damage" arising out of the insured solely for liability due to your negligence "products - completed operations hazard" such specifically resulting from °your work" for the coverage will not apply beyond: I� additional insured which is the subject of the = written contract or written agreement. No a. The period of time required by the written coverage applies to liability resulting from the sole contract or written agreement; or negligence of the additional insured. G- 17957 -G Page 1 of 2 (Ed. 01/01) b. 5 years from the completion of "your work" on the project which is the subject of the written contract or written agreement, whichever is less. 4. The insurance provided to the additional insured does not apply to "bodily injury," "property damage," or "personal and advertising injury' arising out of an architect's, engineer's, or surveyor's rendering of or failure to render any professional services including: a. The preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and b. Supervisory, or inspection activities performed as part of any related architectural or engineering activities. C. As respects the coverage provided under this endorsement, SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS are amended as follows: 1. The following is added to the Duties In The Event of Occurrence, Offense, Claim or Suit Condition: e. An additional insured under this endorsement will as soon as practicable: G- 17957 -G (Ed. O 1 /O 1 ) (�) Give written notice of an occurrence or an offense to us which may result in a claim or `suit" under this insurance; (2) Tender the defense and indemnity of any claim or "suit" to any other insurer which also has insurance for a loss we cover under this Coverage Part; and {3) Agree to make available any other insurance which the additional insured has for a loss we cover under this Coverage Part. f_ We have no duty to defend or indemnify an additional insured under this endorsement until we receive written notice of a claim or "suit" from the additional insured. 2. Paragraph 4.b. of the Other Insurance Condition is deleted and replaced with the following: 4. Other Insurance b. Excess Insurance This insurance is excess over any other insurance naming the additional insured as an insured whether primary, excess, contingent or on any other basis unless a written contract or written agreement specifically requires that this insurance be either primary or primary and noncontributing. G- 17957 -G Page 2 of 2 (Ed. O t /01) ^: a MGT of America Policy#2093390918 Effective 7/1 /1 O -1 1 POLICY NUMBER: CG 24 04 10 93 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Refer to SCHEDULE CG2404 (If no entry appears above, information required to comp applicable to this endorsement.) The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV -- COMMERCIAL GENERAL LIABILITY CONDITIONS) is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown in the Schedule above lete this endorsement will be shown in the Declarations as because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products- completed operations Jiazard." -This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 10 93 Copyright, Insurance Services Office, Inc., 1992 �_ �_ MGT of America, Inc. Policy 3011086788 Effective 7/1/1 0 -11 - CA ANA � -1 s1 so -B (Ed. 1 1 /97) WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY INSURANCE POLICY BLANKET WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS This endorsement changes the policy to which it is attached. It is agreed that Part One Workers' Compensation Insurance G. R ®covery From Others and Part Two Employers' Liability Insurance H. Recovery From Others are amended by adding the following: We will not enforce our right to recover against persons or organizations. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) PREMIUM CHARGE - The charge will be an amount to which you and we agree that is a percentage of the total standard premium for California exposure. The amount is G- 19160 -B (Ed. 1 1/97) Page 1 of 1