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HomeMy WebLinkAboutCENTER FOR HEARING HEALTH, INC. 1-2012INSURANCE ON FILE N- 2012 -084 VdORK MAY PROCEED UNTIL INSURANCE EXPIRES �� -is -iz CLERK OF COUNCIL .IUL 2 4 2012 MATE- � CONSULTANT AGREEMENT Q'. Per.S�+1h�i �g �� � $Morales THIS AGREEMENT, made and entered into this 1 8u' day of June, 2012 by and between Center for Hearing Health, Inc., a California corporation, (hereinafter "Consultant "), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City "). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of audiometric services. B. Consultant represents that it 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 fteld. 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 noise assessments, audiometric testing for covered employees, and hearing conservation training, as set forth in Exhibit A attached hereto and incorporated by reference. 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 B, attached hereto and incorporated by reference. The total sum to be expended under this Agreement shall not exceed $25,000 during the term of this Agreement. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date 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 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. 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 and not contributory 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 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 3700 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. 2 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 death, 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. 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. 3 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 Fax 714- 647 -6956 With courtesy copy to: Personnel —Risk Management City of Santa Ana 20 Civic Center Plaza (M -28) P.O. Box 1988 Santa Ana, California 92702 Fax 714- 647 -5475 To Consultant: Trent Lubiens Center for Hearing Health 2945 Bell Road #122 Auburn, California 95603 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. JL7RISDICTION -VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 15. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of 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: MARIA D. HL7IZAR Clerk of the Council APPROVED AS TO FORM: SOMA R. CARVALHO City Attorney C / Laura Sheedy Assistant City Attorney RECOMMENDED FOR APPROVAL: �u�_ EDWARD RAYA Executive Director — Personnel Agency 0 CITY OF SANIT- A A %NA �A,� 1 PAUL M. WALTERS City Manager CENTER FOR HEARING HEALTH ` �i'��� TRENT LUBIENS President �1 C � � � Canter for i HactFtnq FieaNh ME/�RrHG C�MSERrLTlON 5FRY6CE5 SERVICE CONTRACT AGREEMENT Hearing Conservation Program This agreement is between hereinafter known as the "Company" and Center for Hearing Health, Inc., herinafter known as "CHH ". The purpose of this agreement is to bring together the resources and commitment required to achieve the objectives of both parties. a) CHH agrees to perform audiometric hearing tests on a mutually agreeable date, time, and place for employees of the Company. b) The on -site hearing tests will be conducted onboard CHH's mobile van within aself- contained soundroom that has been constructed by the manufacturer to meet the acoustical test environment criteria Each audiometer receives and annual exhaustive calibration and is reassessed at each setup for performance accuracy. c) Hearing tests will be performed by an audiometric technician who is certified by the Council of Accreditation in Occupational Hearing Conservation. In addition to an academic degree, the supervising Audiologist holds a "Certificate of Clinical Competency in Audiology" issued by the American Speech, language and Hearing Association and a current license from the state's Boazd of Medical Quality Assurance. d) Each employee will receive and audiometric pure tone air conduction test at the frequencies of 500, 1000, 2000, 3000, 4000, 6000, and 8000 Hz taken separately for each eaz. Compliance with the permissible noise level of the test environment is measured and monitored throughout the test procedure. CHH policy further directs the technician to record observations of each employee's otoscopic exam and, when applicable, determine and perform retest verification, i.e., spurious or "problem" audiograms. e) Test results will be individually reviewed and classified. A problem audiogram includes the reviewing Audiologist's stated opinion and recommended action. f) CHH manages the Company's hearing test records electronically. Ancillary forms (or master forms) used as a source of information are provided by CHH. Note: CHH is classified "not a covered entity" pertaining to compliance with the privacy of medical records, commonly known as HIPAA. Therefore, CHH is not required to obtain the employee's written consent to gather information, perform a hearing test, or maintain related documents on file. p)� CHH will present a summary Report to Management that documents all audiometric recordkeeping requirements along with individual test results, specific instruction to guide the Program Manager's responsibility in the fulfillment of requirements and recommendations, and a preprinted Audiologist Review Report for each employee whose test results suggest a medical and/or legal follow -up, Generally, this report is delivered within l0 business days following completion of the on -site testing. h) The CHH insurance portfolio includes general liability, auto liability, and workers' compensation coverage consistent with best business practices. Terms: Net 10 Days The foregoing services are provided by CHH to the Company at the current published rate unless arranged otherwise at noted below: Other considerations and/or comments: Company Authorized Signature � Center for Hearing Health � � - - Trent Lubiens - President -4 Date: � ■ - Date: July 13, 2011 r � 80_0- 228 -6067 530- 888 -9977 fax 530- 888 -1177 / 2945 Bell Rd., #122, Auburn CA 95603 _ chh .centerforhearinQhealth_com / www.CenterforHearingHealth_com �fi�l�t Cal OSHA Hearing Conservation Program (HCP) Overview Noise Assessment - Section 5097, (b) An initial noise survey must be performed to document exposures for the various jobs and departments. This will determine who is exposed to 85 dBA TWA or greater, the CaI OSHA Action Level, as well as which employees are required to wear hearing protection (exposures above the Permissible Exposure Limits —Table N -1). Dosimetry must be used if there are situations of variable noise levels, mobile positions, or a significant component of impulse noise. Noise surveys must be repeated when there are changes to production, process, equipment, or controls where more employees may be exposed or the hearing protectors are no longer adequate. Employer: Perform updated measurements that are triggered by changes in equipment, process, or controls. Recommended to update readings at least every three years. Measurements to be taken by employer safety personnel with Cal OSHA approved equipment. Noise Abatement — Section 5096, (b) When there are exposures above the Permissible Exposure Limits, feasible administrative or engineering controls shall be used_ Employer: Document any efforts to reduce employee noise exposures (eg: preventive maintenance to equipment, purchase of new equipment that produces lower noise then previous / alternative equipment, engineering controls). Audiometric Testing — Section 5097. (c) Baseline testing shall be performed on any employees exposed at or above 85 dBA TWA. It is strongly recommended to baseline all employees, from a Worker's Compensation standpoint. Annual audiometric testing must be performed on all employees exposed to 85 dBA TWA or greater. The annual testing must be compared to the baseline (there are mathematical calculations for age- adjusted Standard Threshold Shifts (STS's) and OSHA Log 300 recordability, so having a software program to track the data is very important). An audiologist or physician must review "problem" audiograms and determine is further testing and /or evaluation is warranted. These review reports need to be generated for documented follow -up with the affected employees. �. Emptoyer: Ensure annual audiometric testing is conducted on all required employees. Review report and perform any required /recommended follow -up, as indicated. For employees who miss annual testing, ensure that testing is performed either by CHH or a clinic_ If testing is performed at a clinic, forward results to CHH for data processing ,and. audiologist. review_ - - : r-'-� _ -�-- „/ _ � Em lo� ee education./ Trainin — Section 5099 Annual training must be provided to a ,employees exposed to 85 dBA TWA or greater. The training must include :a. effects of noise on hearing; purpose and procedure of annual audiometric testing; and instruction in the proper fit�use,iand care of hearing protection devices. The Cal OSHA Standard must be available to all employees -and permanently posted in a central work location. Employer: Ensure annual employee education on hearing conservation to include the required topics_ Document the training in terms of: date, presenter, employees in attendance, information reviewed. Exhibit 8 _ Fee Schedule Audiometric Testing and Training $19.50 audiometric test with training $15.00 audiometric test $5.00 enter, review, and report on clinic test $1.00 back enter of prior test data Noise Assessment $3,450.00` Comprehensive Noise Survey `Survey will require at least 2 days of monitoring in order to collect adequate data. The first day is billed at $1850.00 and the second, consecutive day at $1600.00. Any additional days would be billable at $1600.00 Jun 29 12 03:17p GARY WENBERG AGENT STAT 408"374 `2258 p.1 �'`°R °� CERTIFICATE OF LIABILITY INSURANCE °osrza�2o` 2" THIS CERTIFICATE !S ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE C6RTIF)CATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE PdLIC1ES 6�iDW- THIS CERTI FiCATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSVING INSURER(S), AUTHORIZED REPRESENfTATIVE OR PRODUCER, AND TKE CERTIFICATE HOLDER. [NIPORTANT: 11 the certificate holder Is an ADDITFONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, sub]ec[ to the Ee rrrrs aril coridltiorLS of the policy, certain policies may require an endorsement A statement on this eerHNeate does not confer rights to the certificate holder in Iieal of such endorsement(3). PROaucER GARY J WENBERG, AGENT LICENSE #0448533 120 W CAMPBELL AVE STE G PQ BOX 842 CAMPSELL CA 95009 KATHtH016tAN pNONeC fAx ' 406 374 -3080 No :408 374 -2258 e -wA,�� s, kath l.hom__ a_ n.iwsbgstafefamn.cam PRODVOER - INSVRERS AFFOROiNGCOVEliAGE NAIOf INSURED CENTER FOR i-iEARiNG HF�.LT1 -i FNC 2945 BELL RD #122 AUBURN CA 95603 1HSVRER A -Stale FaRn General lrrsuranW Company 26161 ,NSURERe•S[a[e Farm Mutual Autom otii[e lnsuranae Company 26i7e INSURErt c :5teto FRrm Fire and Casualty Company 25143 INSURER D - 8 INSURER e - 5 5,000 INSURER f - S 2.000,000 f`/IV FRdr'�FQ r_F RTI FIf:ATF NI IMRFR• F1CVr�IL]rr NUMr3tK: THIS fS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAlfED ABOVE FOR THC POLICY PE R10D INDICATED. NOITMTHSTANDING ANY RECyU 1REM ENT, TERM OR CONDITION OF ANY GONTFiACT OR OTHER DOCUMENT VNTH RESPECT TO WFlICH THIS CERTIFICATE AU\Y BE ISSUED OR INAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES OESCRIBEO HEREIN i5 SUBJECT TO ALL THE TERMS, ET(GWSIONS ANO CONDITIONS OF SUCH POLICIES. OMITS SHOWri MAY HAVE BEEN REO UCEO BY PAIppD CLAIMS_ ILTR TYPE OFINSURANCE O L BR POUCYN MBEA � D F PMroD IXP � UHII"S A OENERAL LIABIUTV X COMMERCIAL GENERAL I_IABiLnY GWMSJdAOE � OGCVR Y � 97- gZ_Q429 -TG r 12M 8/20'11 72J18I20i2 EACH OCCVRREJ<CE s 2.000,OD0 PA EMIS�.^ rra 8 MED E%P ( one arson) 5 5,000 PERSONAL S ADV INJURY S 2.000,000 GEN ERAL AGGREGATE 5 d,000,0D0 GENL AGGREGATE LIllr17 APPLIES PER -_ PO(SGY ?C PRO- LOC PROOVC79- CONF/OP AGG 5 4,000,000 b B AUTONOa1LE I - x - X X - � LIABILITY ANY AUTO ALL OVW. ED AV705 - SCHEDV LEp AVFOS HwEDAUros HON- owlvEO avros 1565748- F18 -0SE 0476647- F18 -05R 1644022 - Fib -0SF 0432046- F18 -057 19fi 78'12 -F1 8-OSD 0692375 - Fib -0SK 12H8i2611 12/1Ef2011 D6Ii8/2012 12/18Yt0i1 12/ta12011 12/18Y1011 t2/18f2012 12/18/2012 72/18/2012 12/18/2012 12!18!2012 12118f20i2 CO.NB4YED SINGLE LIM.rr (Ea ea3Yn] b 2.000,000 Q BODILY ]NJURV (Per person) s I BODILY IN.IVRY (PeraW darO f fRgOP��I CDT Af/31GE '- f t f � f Uw OREtlA UAB EXGEfB L1AB OCCUR CLAVAS�.VIDE EACH OCCURRETIGE f AO.GREGA7E f OEOUCTBLE RETENTKJti S f I b G. 1VOPKEfLS COLPEN9A'f10N AHD EMPLOYERS• UABJLnY Y/ N ANY PROPRI ECORRARTNERrE %ECU'r1VE OFF[CERlMEMB.R EXCLUDE04 � lNandalory In NHT NN ye a, dasube v�der N / A X7.6 K•F4UD -D 121$1/2011 12/31f2012 LVC TA7U- x OTH- E_L EACR AGCIDElIT f 1,OD O,ODD E.L O15E.4SE- EA EMPLOYE f 1- OOO,OOD E_L DISEASE - POLICY IJMITf 1.ODO,ODO O65CRIPTION OF OPERATIONS /Lq CATIONS (AttacA ACORD t01, AddRi Rery�rlts SChad,ie, If more apace FS requlme) Laura Skit heady" ,�c�.'atxn7�. Lily �SLLOrriel, CITY OF SANTA ANA, ITS OFFICERS, EtVIPLOYEES, AGENTS AND REPRESENTAT]VE:S 2D CMC CENYER PLAZA SANTA ANA CA 92701 THE A90VE DESCRIBED POLdES BE CANCeLLED BEFORE TIE THEREOF, NOTICE WILL BE OELIYERED IN ACCORDANCE Wi'r?t THE ACORD 25 (2009109] The ACgRD name and logo aTa registerf -d mOrk�F A�ORD 7007466 132849.4 02 -ti -2070 Jul 10 12 01 :29p GARY WENBERG AGENT STAT 408 *374 *2258 p.2 P'ofjcy Number DECLARATIONS PAGE AMENDED JUN 20 20t2 97- BZ- C3i429 -7 STATE FARM GENERAL INSURANCE: COMPANY ••^�� 900 OLD RIVER RD., BAKERS FIELD CA 9331 1 -6000 A STOCK COMPANY UVITH HOME OFFICES IN BLOOMINGTON, ILLINOIS Named Insured and Melling Address 02- 6912 -F155 R CENTER FOR HEARINQ HEALTH INC 2945 SELL RD STE 122 AUBURN CA 95603 -2540 Cov A - Inflation Coverage Index_ NfA BUSINESS POLICY - SPECIAL FORM 3 Cov B - Consumer Price Index: 226.9 AUTOMATIC RENEWAL - If the POLICY PERIOD iS shown as i2 RAONTHS, this olicY will be renewed automaticaliY subject to the premiums; rules and forms in effect for each succeedinct pollc perio+ii If this policy is terminated, we will give you and itte tvtortgagee /Lienholder written notice in compliancewi<h the ypglicy provisions or as required by law. Policy Period: 12 Months The policy period begins and ends at 12:01 am standard time at the Effective Date: DEC 18 2011 premises location. Expiration Date: DEC 18 2012 Location of Covered Premises: 7005 LUTHER DR UNIT 3 SACRAMENTO CA 95823 -1828 Coverages 8c Property SeC110R 1 A Buildings B Business Personal Property C Loss of Income - 12 Months Section Il L Business Liability M Medical Payments Products - Completed Operations (PCO) Aggregate Qeneral Agggregate (Other Than PCO) Limits of Insurance Excluded 5 400 Actual !'_oss 2,oao,aao 5,000 4,000,000 $ 4,000,000 Forms Options, -and Endorsements Special Form 3 FQ -6143 `Section II Additional Insured FE -6609 Amendatory Endorsement FE -6205 Tree Debris Removal FE -6451 Policy Endorsement FE- 6506.2 Policy Endorsement - Business FE -6464 Glass Deductible - Section I FE- 6538.1 ' New Form Attached Your ppolicy is amended JUN 20 2012 ADDITEONAL INSURED ADDED PREMIUM ADJUSTMENT ENDORSEMENT FE -6609 ADDED ancy: mercan Deductibles - Section 1 $ 500 Basic In case of lass under this policy the deductible will be app[Eed to each occurrence and will be deducted from the amount of the loss. Other deductibles may apply -refer to DOIICV_ Endorsement Premium Increase � 19.84 Discounts Applied: Renewal Year Years in Business Sprinkler Claim Record Continued on Reverse Side of Page Prepared OTHER LIMITS AND EXCLUSIONS MAY JUN 28 2012 ��� FP- 8030.2C AX7Z gY PPLY -REFER TD YOUR PDLICY :.,.,o� `-fir 1n ��n 06/1993 GARY WEN33 Your policy consists of this page, any endorsements (409) 374 -3D80 and the policy Form_ PLEASE KEEP THESE TOGETHER. (0 7 i2172b Jul 10 12 Q1:29p GARY WENBERG AGENT STAT 408 *3 74 *22 58 p. 3 F E -6609 Page � of 1 SEGTION Il ADDITIONAi_ INSURED ENDORSEMENT Policy No.: 97- BZ- G429 -7 Named insured- ,,. CENTER FOR HEARING HEALTH INC 2945 SELL RD STE 122 AUBURN CA 956Q3 -2540 Additional Insured (include atldress): VOLUNTEERS 8c REPIiGSENTAT`1VE30FFICERS, EMPLOYEES, AGENTS, ATTN RISK MANAGEMENT M -ZS 20 CIVIC CENTER PLZ SANTA ANA CA 92701 -4058 WHO IS AN INSURED, under SECTION 11 DESIGNATION OF INSURED, is amended to include as an insured the Additional Insured shown above, buf only to the extent that liability is imposed on that Additional Insured solely because of your worn performed for that AddKional Insured shown above. Any insurance provided to the Additional Insured shall only apply with respect to a claim made or sui: brought for damages for which you are provided coverage_ The Primary Insurance coverage below applies only when there is an "X" in the box. ® Primary Insurance. The insurance provided to ttte Additional Insured shown above shall be primary Insurance. Any insurance carried by the Additional Insured shall be noncontributory with respect to coverage provided to you. Alt other provisions of the policy apply. FE -6609 Aug 191403:53p p.2 CERTIFICATE 08 H 12014 _OF LIABILITY INSURANCE 0 M 089 9/2014 i IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS IS NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE q qCO1rVER�1A�GE AFFORDED BY THE POLICIES iTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEMI HffUL16�If�G IItl Uf R(($) AUTHORIZED OR PRODUCER, AND THE CERTIFICATE HOLDER. a - - - -- '-' -- -"" - .•..,w•,,. ^�....rw.., . Iu Pvxcypes) must no annotated. It SUBROGATION IS WAIVEO Subject to the temts and conditions of the PDlloy, c9nam policies may require an endorsement. A statement �F, (��rc�NtFlc kf of f N hW 10 the certificate holder In lieu Of Such endorsemen s), ti'l'l' "l 9 PROOuo" GARY J WENBERG, AGENT LICENSE# 0448533 NA °ME THI HDNIAN 120 W CAMPBELL AVE STE G PHONE 17C 3p8 — P - -- B•MAI ol'" &2ai�eF�sm PO BOX 942 ADnRBSg ka011,hOrnan Iws6 stala(arm.Dam____ . CAMPBELL CA 95009 Al -RO /� °08 V - _INMu_nts Al FFCrRDirvecOVEnADe nAic u INwxeb `- ---m- INSURenpr5 le Flenerel lnsnranCO Cum�Rny _ 1 CENTER FOR HEARING HEALTHINC NweEna1SA12±4 vmMutuaALIOMObllaieaumnCecamgnnv p 2945 BELL RD STE 122 I980N41t2_-9 nle A Ffreend Casua �C any �z AUBURN CA 95603 INSUREAD: _. -. O ._.-._--_..,....... REVISION NUMBER: - -- THIS W-TO CERTIFY THAT THE POLICIES OF WSURANCE LISTED BELOW NAVE BEEN ISSUED i0 THE INSURED INDICATED. NOTIMTHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE NAMED ABOVE FOR THE POLICY PERIOD OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH LIMNS SHOWN MAY HAVE BEEN yDDPA��''OUCIES, REDUCED BY TA 6EBEl1( —° PAID CLAIMS. TYPEOFFRISURANCE POLICYEFF PDUCVNNMoen MMIOD POIJ: VB%P •"" —"'— °— -- !t_' A GENERAL UA6ILRY 97- BZ- G429.7 12/18/2013 COMMERCIAL UCHF,RALUARk" V UMRS 120102014 EACH OCCURRENCE $ 2,Otlq,wO - CIAIySJ,WOE OCCUR I I DTtdi[GE10W•GTt9 -` --- — ,}',.t,4SR-s IEn WaaLyel: i MEO EXP An mM pnrrcan} S 6,000 _PCRSONALBAOV INJURY -a OENi AGGREGATE LIMITAPpUES PER, GENER_nLACGREG A_ 4. /,000,000 X POLICY X .PRO- LOO 9R04UC1B- COMPIOP AGO ! 4.000,000 9 AUTOMOBILE UASILRY 2468689 1211812013 ANY AUTO s 121181201{ Ea oaidanr I t R E 2,D00 2486690 1211812013 AUTO OWNED x AUTOSOgULEO ,000 12/1812014 _eODaYINJURY(PorPatton) �_ _ ,� HIRED AUTOS I NON-OWNED 24$6691 12118/2013 ,- 12N812094 DOOLYlNduav(Peraccuarl) 1 -PF10 '— '--- AUTOS 2789473 1211812013 eNTY -°-- -- 12/18/2014 owe _mnre UMERELLALMO OCCUR = EXCESS EXCESS LIpB CLAIMS-10A DE EACH OCCURRENCE y CEO RETENTIONI - AGGREGATE s G WORKERS COMPENSATKN 1 AND EMPLOYERS' LIABILITY ANY PROPRIETCRMARTNERODECUTIVE YIN 97m ®4.23664 12131f2013 777 WC AT 0 M 12)31/2074 rr!$ x 01 OFFICEIMEMRER EXCLUDED Y NIA ZMan4 wyea NH) EL EACH ACCIDENT 1 1,0001000 - IIyogd.WesundM. EL LIISEASE•EA CFAPLOYE A 11000.000 E.L. DISEASE - POLICY UMR' a 11000,000 OSSCIU ON OF OPERATIONS LOCANONS I VENICLES(AtacN ACORD 401, Add10ane1 Ranurka SRNaduia. It mom apace M MgUIM" 'Fo AUTOMOBILE LIABILITY CONTINUED: POLICY 288 0078 POLICY EFF 12118/2013, 1271812014 A,S ro rn nv gtralsa Joseph mtorneY C RTIRCATE HOLDER ."'—"° �": City CITY OF SANTA ANA, ITS OFFICERS, EMPLOYEES AND SHOULD ANY OF THE ABC REPRESENTATIVES THE EXPIRATION DATE ACCOROANCG`WITH THE 20 CIVIC CENTER PLAZA SANTA ANA CA 92701 nuruDmx xPSr:Hr/K r: POLICIES BE CANCELLED BEFORE )TICE WILL BE DELIVERED IN ACORD 25 (2018106) The ACORD name and logo"' I'a11is1 0� lka 90 2010 ACORD ACORD CORPORATION. All rights reserved. 1001486 132849,8 01.23.2013 RECEIVE: NO.0640 08/19/2014/TUE 01:33PM �� Aug 1914 03:54p UUM Policy No.: 97 BZG429 7 SECTION II ADDITIONAL INSURED ENDORSEMENT Policy No.: 97 BZG429 7 Named Insured: CENTER FOR HEARING HEALTH INC Additional Insured (include address): CITY OF SANTA ANA, ITS OFFICERS, EMPLOYEES, AGENTS, VOLUNTEERS AND REPRESENTATIVES 20 CIVIC CENTER PLAZA SANTA ANA, CA 92701 p.4 FE-6809 LED WHO IS AN INSURED, under SECTION it DESIGNATION OF INSURED, is amended to include as an insured the Additional Insured shown above, but only to the extent that liability is imposed on that Additional Insured solely because of your work performed for that Additional Insured shown above. Any insurance provided to the Additional Insured shall only apply with respect to a claim made or a suit brought for damages for which you are provided coverage. The Primary Insurance coverage below applies only when there is an 'XI in the box. ® Primary Insurance. The insurance provided to the Additional Insured shown above shall be primary insurance. Any insurance carried by the Additional Insured shall be noncontributory with respect to coverage provided to you. All other policy provisions apply. FE-6609 Printed in U S.A. RECEIVE: N0.0640 08/19/2014/TUE 01 :33PM