The URL can be used to link to this page

Home My WebLink AboutMR. CLEAN POOL CARE 1QP City of Santa Ana Clerk of the Council AGREEMENT TERMINATION FORM COTC Office Use Only ._........... . ..............._......-- ?P 27 PH ? 37 Please complete this form when the attached agreement and all MIR amendments (if any) are no longer in effect. CITY O[ `=. 'J TA ANA CLERK, COUNCIL Return form to the Clerk of the Council Office (M-30). Call 647-2520 if you have any questions. The agreement with UeQ(\ %Q` Co..('e, No. N - 9-00 3 - ?a-?- was completed on , 1Co IZR70, and final payment has been made. (List all amendments. Use space below if needed.) N - ?5 -1 l l7 C?_ - SOS ?l ? "l ? ? Department: N 5 3$ S Phone/Ext.: Signature: Date: q (2Z) 20\l? RevISed 04-12-10 , INSURANCE ON fiLE WORK MAY PROCEED UNTIL INSURANCE EXPIRES '1 - I - 04- CLERK Of COUNCIL DATE, 1/- 4-03 1'1-2003-124 CONSULTANT AGREEMENT c... ~ ti>4 (C.fì!I~) Fìl\\ THIS AGREEMENT, made and entered into this ay of , 2003 by and between Mr. Clean Pool Care, a sole proprietor (hereinafter "Consul t"), and he City of Santa Ana, a charter city and municipal corporation organized and exist" g under the Constitution and laws of the State of Cali fomi a (hereinafter "City"). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of cleaning and maintaining pools and fountains. 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 trom a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall perform those services as set forth in Exhibit A to this Agreement. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified in Exhibit A. The total sum to be expended under this Agreement, shall not exceed $5,000.00 during the term of this Agreement. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above and terminate on June 30, 2005, unless terminated earlier in accordance with Section 12, below. The parties that pool cleaning services provided on or after July 7, 2003, shall be included within the Scope of Services ofthis Agreement. The term of this Agreement may be extended upon a writing executed by the Executive Director of the Community Development Agency and the City Attorney. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter ofthis Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured( s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of$I,OOO,OOO per occurrence. Consultant shall supply City with a fully executed additional insured endorsement in substantially the form attached hereto as Exhibit B upon execution of this Agreement and shall be approved in form by the City Attorney. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non-owned automobiles. c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. Reserved. 2 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. Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. 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. (ii) (iii) 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 proofthat 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 ofthe terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense ofthe 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 3 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 oflaw; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 8. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 9. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 telefacsimile (714) 647-6956 With courtesy copies to: Executive Director of Community Development City of Santa Ana 20 Civic Center Plaza (M-25) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 647-6549 and, 4 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: Mr. Clean Pool Care 5753-G Santa Ana Canyon Road, Suite 251 Anaheim Hills, California 92807 Attn: Brandon Young A party may change its address by giving notice in writing to the other party. Thereafter, any notice, tender, demand, delivery, or other communication shall be addressed and transmitted to the new address. If sent by mail, any notice, tender, demand, delivery, or other communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, any notice, tender, demand, delivery, or other communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 10. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, 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 5 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 persounel or by other consultants retained by City. 12. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 13. DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. JURISDICTION - VENUE This Agreement and all questions relating to its validity, interpretation, performance, and enforcement shall be governed and construed in accordance with the laws of the State of California. This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 15. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of her inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 6 ~ 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 attomey'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. CITY OF SANTA ANA ?i~ ~)~ City Manager ATTEST: ~.- RICIA E. HEALY Clerk of the Council APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney By4»-~~kd¡ Laura Sheedy Assistant City Attorney RECOMMENDED FOR APPROVAL: CONSULTANT mJ1~EKSTIN Executive Director of the Community Development Agency ß c;;;;t2~ B NDON OUN Owner Tax ID# 5/P ¡-- g 5 - 8 }C:7(;. 7 SERVICE * SUPPLIES * REPAIRS 5753-G Santa Ana Canyon Rd. Suite 251 Anaheim Hills, CA 92807 (714) 906-4488 Maintenance A reement Date: Appt. Time: Name: Address: Home Phone: Cross Streets: City: Work Phone: Zip: Mr. CLEAN POOL CARE will perform pool maintenance which shall include but not be limited to the regular maintenance of the subject pool(s). ~ 1. The work - Technician shall perform the following work: - -:¡ -l ~ () . Oö jatA- A. Test water, add chlorine and acid as needed; clean skimmer and pump bas~ets, clean waterline tile, brush sides, vacuum, and skim on each regularly scheduled visit. B. Back wash filter as needed and add earth. 2. Service Exceptions - Holidays, rainy and windy days: A. HOLIDAYS: On ONE CALL per week pools, the service will be made up either prior to the holiday, or after. On MULTIPLE CALL pools, if the holiday falls on one of the service days, the call will not be made up. B. WINDY ANDIOR RAINY DAYS. All the normal services will be performed, with the following exceptions: Vacuuming and bottom netting. This is due to visibility problems. 3. Other work or material as needed not covered by standard monthly charge as noted in Section 1: A. Cost of service calls, labor and material to repair or replace parts on the pool system or in the pool itself. B. Any other chemicals other than the chlorine and acid used in the regular operation and maintenance of the pool(s). These other chemicals shall be interpreted as conditioner, algecides, etc. C. Filter teardown is recommended once a year, which includes the disassembling of all grids, acid clean if necessary, and reconditioning with diatomaceous earth. D. Replacement prices: . Replacement ofmotor....................$250.00 - $350.00 depending on horsepower. . Replacement offilter.....................$325.00 . Replacement ofpump....................$600.00 . Replacement of time clock................$75.00 . Replacement of filter cartridge.........$IOO.OO 4. Vacation - Since you are billed for only 48 weeks each year, yet receive 52 weeks of service, it is our policy to: A. Take 3-4 weeks of vacation and lor sick weeks one week at a time each year. B. During that week, if necessary, chemicals will be left with a note requesting that you add them. C. Vacation time consistently includes the weeks of Thanksgiving, Christmas, and Easter. EXHIBIT A . . .. . EXHIBIT B ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY POLICY Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy # relating to the following: I. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 9270 I; 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 ofthe named insured. 2. With respect to claims arising out ofthe operations and uses performed by or on behalf ofthe named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4. With respect to the additional insureds, this insurance shall not be cancelled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 9270 I. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective Policy # Issued to , this endorsement form as a part of Named Insured Countersigned by Authorized Representative 8 , Oot'14 03 10: 20a . T11ar;1 p.5 (j) /'JI.""", 'H231 UPA70I(AN ACORD. CERTIFICATE OF LIABILITY INSURANCE I"'~~I 10/13103 PRODUC. THIS CEIUlFICA'Æ IS ISSUED AS A MATÆR Of INI'ORIIIAT1ON US! of South.... California Oll~ Y ...IID CON'ERS NO RIGHTS UPON THE CERTlfIC"TE UdI 0351162 n, 818.$06-3350 HOLDeR. THIS CER11f1CA 1£ DOES NOT AMEND, EXTeND OR AI.1!II THe COVEItAGE AFI'OIUIED IY THE POLICI£S BELOW. PO Box 8004 Van Nup, CA 91409 III_liAS Al'l'OROIIIIG COVERAGE NAIC. -... -. The American Insurgce UP" t7.orenae County -....., A $251/ deductible 8PIi.. 8562 T,ofter Drive -'" to each JIC'OIerty daIIIage Hunllngton Bea"'" CA nt4I "'1IfW> °, n " lim. Exdudes INI~'E & Hired ""too. coveRAGES THE POLICIES OF INSURA/OCE LlST£Q BElOW "'v£ II£EN ISSue> ro 'II1E INSUN!I> -I!I) oaoY1! FOR Tt! POucY i>IINOD INDlCOTB>. N01'WITliSTANOING />NY R£QUIREllllNT. TeIW OR CONDl1lOf4 OF AAY CONTRACT OR OTHEII DOCUMENr WITH RESPICT TO WHICH ","S CEllTlPICATe MOY Bllssueo 01\ UÁ'Y PeATAIN. 'TtE ImU~CE ~f=ORDID BY THE POuCt!S DESC"'IED t-4EftE1N IS SU8JSCT TO AU. THE TERMS.I!XClUSIONS ANO CONOITIOHS OF SUCH POLIC1ES. oGGREGATE LIMITS SHOWN MoY """" BEEN REDUCI!D 6YPOID Cl.<II!S. y 1'YrE OF 1mIURA.-a! POUOy -- MXCI040289807 NeD E)\P (My on. PI""'. ~SOlW.&Af1II~" _""''-11 PRODUC'TS. CD~PIDP Mia T MlTOfItCfMU: UAltUTY ANY AUTO All. OWN£O AOTOS IQtWuLED "vTO$ H!tt&DAUfOS, NOt.¡.QWNED AUTOS COMItNliOSING\.EUM\r (I!'8lCQWllj ItJDIl Y INJURY (PQr~1 BDOILYItrU\IA"t' ~8GOiden1) PRoI'fR'TY DAM/lt.Qf tPetaoclll8m) AUTOONL,v -EA ACCICENT orHE!fIt'nfAN ~ACC AUTO OM.,v; AGG ANV AUTO C)(CI!.SSlUMUt~UA UA8LITT 0CCvR 0 C!..M.1$t.AaDI: IACMOOCUI'tRiNCE _GoTe CEOUC'TI'l£ fŒTlHTION $ 'WOfU(Øs C0llPeNÞ11ON A,Je IWi.C)V5Ar uAtlUtv ANY ~'T1;IRIP...ftTN&Rlt)l.e.CU11\1t! OR=1œMolitœf:R EXÇLUOEO? ~JtI.d8lcribt\lndtr aPE MCVI~~ 0- El.iACttAÇ~ S ~.I.. Dl5eASt. E.A EMPl , E,L. a_se - PQUCY LIMIT I . ~<.j \' ~~ !\.) TO DliIlC:8'TIOtI or OKRAt'IOM&l LOCA1QIS IV!tlCLiS IE"LU$lDN5 MOeD BY 'INOORRMØft' '''<:fAt. '1OVfSION$~ . 10. Day Noli... Of Canc;ellatlon For N"".paym- Of Premi~m. . j., The City of Senta Ana. lis officers, ~ & employee. ...., named as . ~ AddillonallnllUred for service ancI malnten.nee operatiOns of.jy Brandon Young .' I , CEItT1ftC"TE II"LMIt u.Ta Ii 000 150 '10 00II 11 000 800 13 0 000 .1-0 1 . . 1 , I . , I . I """ Sanla Ana Regional TranspOtt8lion Center 1000 E. Sa- Ana Blvd. 11300 Santa Ana. CA 92701 CAHCELULTlON SMOUUJ A"" 01' 'Dtl! AIIOYE œlOfœ8D ~CfQ aE ~LUD Blil!OMi 1ME UflIUTtON DAn; TIfERIOF. 1hE ISIU8NGINSURIIt WIU. l ¡II\,_MAtl -3œ.. DAYS WIII1'TEM MOl1CC TO 1M! Cl1t.1'IRCAtt tfO\.Dt.ttMCO to "'flU.I".." 1,.-4 L L - I AU1NOItIZEORUI.eseA;~ . i4-i.. /('. --- r -..'" - .oct' ~4 03 10: 20a ! "'" E ~ = Si = ii! II - == æ ~ .... == -- ~ !!!S - ¡¡ -- = 0 N ~ ií " '~ ~ :1.3 w ~ c N Ü Tllar;1 p.3 ., (2) Additional Iusured - Owners, Lessees or Contractors Person or Organization - CG 20 101001 Policy All=<lment(s) Couunercial General Liability - Scheduled lnaured: UPA # 7 Ba040n ~oung - Member Producer: USI or so. CA INS. SERVICES, DIe. Polity NUIU\Ier: MX.C804028ge-07 EffECtive Date: 07/01/0'3 Thios ...daranl~t modlGes insurahCC provided under the following: Commercial General liability CMengt P...-I Schedule Name of Pt\'$on .... Org:mízalion The City of Santa Aua, Its officers, employees, agents, volunteers and :.", c" xe:presentat:1ves 20 Civic Center Plaza: Santa Ana, CA 92701 (If no entry appears above. infonnatlon required 10 complete tbi. I~ndor""m.nt wiU b. shown in tho l'Jed...lions as applíc:able 10 Ibis Endorsement.) Section II - Who Is an IlI5Uted is amended 10 in- clude .., an insured the penon or organization ahown In lho Schedule, but only wilh respect 10 liability arising aut of your ongoìnJ operation, perfonued for thaI in.ured. ß. Wilh respecI 10 Ihe insurance afforded 10 !hea. additional insureds. the foUowing exc1u.i(ln is added' A (l) All work, including materials, part' or equipment furnished in conncclion with such work. on the project (other lhan service. mointensna: or repairs) 10 be perfonned by or on behalf of !he addi- tional iJ¡.ured(s) allhe sit. of the covered operltion. has been completed; or (2) That portion of your wotk oul of which the Iniury or dama@e arises has bec:ß PUI lo it. intended use by any per$on or or- Ganizalion other lhan another conlractor or subconlractor ellJ!'ll!"d in perfoonina op~-rations for a principal as a part of the same pro jecl. 1. Exclu.ioos This insurance does oot apply 10 bodily injury or þrQ~ty damage occurring after; /.A' 1\) JC'n.Sd Thi$ for", fIIUU be <1.u.achrd to ChronIc Enàontmtnl wMn iUlu:d O(18r the palic;y if' wrinen. One Qr tht Fin=IQM."s Fund. b",n'Utce C.""allÎfl!S iU narnt(i in \he pøhcy ...~ /. f7-~ s.tJ:¡jS~. fp]¡!/ . ',ttorncy r t"1id~n~ '""''''''''.'..... Oot'14 03 10:20a . . T11ag1 IMPORTANT If the certificate holder is ao ADDITIONAL INSuRED, the poIicy(ies) mU$l be endorsed. A sta\el1lMt en this certificate does not """fer rights to the c.,lificatv holder in lieu of such ondOtsemen1(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, cer\¡¡in petiei... may require an endorsement. A sIaIom..,t on th1s œrtilieate does oot coni." righlo 10 1114 certinc:ate halosr io lisu of such undOtSelTlen!(s). DISClAIMER The Certificate of lr1$Urðrlœ on the reverse SIde 01 this form does not cOnstitute a contract between the issuing inSUfer(s). au\horiZed representative Of producer, and the certificate hoIdèr, nor dous a alfmnalively or ",gslIvÐIy emend. extend or alter the coverage affQfded by the polic:ies 6.ted thereon. p.4 (iJ . GOOf! (2) The uames and. addresses of any injuml persons md wime.ses; aud (3) The œture m.d location of my mjuxy or .I....Ar arising out of the oeeurreoee or o1fense. b. H a clIim is made or suit is brought against any insured, you must: (1) JmmNfi.tely œc:otd the ~ of the claim or suit md the date reœivi:d; and (2) Notify us 118 lOon 118 pødjRble- You mUlt see to it that we receive writteø. notice of the cWm or sait as 8OQD. as practi- cabk. c. You and any other mvol1lCd insund must: (1) IIIUDCdiate1y send us copies of my de- maDds. DOtic:es, "''''''''''''1eI or Iepl pa- pen receiwd in connection with the claim or suit; (2) Authøñze us to obtain ICrords and other iufOtlllatioD.; (3) Cooperate with us in the inv~on or stttl.....",t of the claim or .IP.fple apinat the II1Iit; aDd (4) Asaist us, upon our teqUeSt, in the ea. fo.n:emI:nt of my right against any person or orgp"¡7",tion which may be liable to the iusured because of inîury or .lAmar to which this in81lØl1œ DUly alao apply. d. No Ù18uI:ed will. except at that insured' 8 own S; cost. voluntarily make a paymeDt, assume lilY -':: obligatioll., or incur any expense, other tIum ,~ for first aid, wùhout our ~. '- 3. Lep1 Actiøa Agaiast Us r" No penon or orgmization bas a ri&ht UIIder thi&:.! C............ Part: .> ....-wov- 0 ',,' a. To join us as a party or othcrwíse bring ~ into a suit askin¡ for dam...~ iivm an ~ wredõ Of b. To sue us on this Coverap Part uu1ess aU of its terma have been fully compœd with. CGOOOl 10 01 Copyrich1o ISO P<opmi... 1=, :1000 ass' ON A penon or orgu>;~AtinU II1&}' sue us to J:£eOYeI: on a:ø. agreed øeltlo:tne1't or on a final juotpnomt against an insured.; but we will not be Jiabœ for .lamAr' that are nln payable under the temIa of thiJ Covaar,e Part or that are in exœsa of the "P- p~ble limit of iDsuraIu:e. An agreed settJrment means a settlement and œh:ue of liability sipd by 'OJ. the insumi aDd the ~1.......:mt or the claim. ant's lepl I;I;JI._tati:ve. 4. Other l'nsuranee H other valid and c:oI1ec1ib1e ÌIISIImII&;e is available to the i»&umf. for a Iosa we cover under CoYeRp:l A or B of this Coftrl.p Part, OIU (lh\Îptioo¡< &Ie limiled as foUows: a. Primaz:y Insmaz1ce Thù insuranœ is primary except when b. be- low applie1. H tbis ÌI18URDCe is priøIary, our obligations are not af£ecIed UIÙCSS any of the other ÚI81IIUIœ is aIao primary. 'l'ben. we will shue with all that other Î.II8umIee by the Jnethod described in c. beJøw. b. E_sl:D.sntmœ This insuraDœ is eKeIS over: (I) Any of the other insurance. whether pri- mazy. exœIS, continJlmt or on BUY other basis: ..... I I I I .I (a) Tba1 is Fire, Bxt-.I...I Coverage, Builòer"s Risk, Jnst,nAtion Risk or siJ:Di]ar covenge fot yaur wark; (b) That Í8 Pitt insuraøœ for premises rented to you or ~.aíily occu- pied by you with penJ);Nion of the owner; ~: (c) Tba1 ÌI insurance pun:hut:d by you to cover your liability as a teøant for /8"'" ty dam., to p;emises rented to you or temponrily oa:upied by you with pmnission of the owner; or (d) If the loss ~ out of the mainte- uanœ or use of Ù{CrÚt, IlUtas or watm:nft to the exIent DOt subject to Exdusion g. of Sec:Iion 1 - Cov- era¡e A - Bodily Injury a:ø.d Prop- erty Dama¡e liabiJity. Page 12 of 17 S~SS¿VSV~¿~6 ~ ~IN~O~Il~~ '05 ~O ISn ŒØG/S~/ø~ 8~:Ø~ .it: , :? " I - ~ ':' (2) Any other primary insurançe available to you covering üablli:ty for damages ari8ins out of the premi¡cs or opeJaûons for which you have been added as an addi- tional inlured by attachøu:nt of an en- dOl!lelllent. When thia insurance is ex¡;e&S, we will have ».0 duty under Coverage A or II to defend the ~ against any suit if any other ÌIl$UtC1' baa a duty to defend the insUted against that llUit. If no otheJ ins~ dct'endI, we will u:o.- dertake to do so. but we will be entitlr.d to the ínsuted's nahtl againat all thoBO other insm- crs, When thia insurance is excess over other in- surance, we will pay only our share of the amount of the loiS, if any, that exceedl the sum of: (I) The total amount that all such other in- SUl8J1Ce would pa.y for the 105$ in the ab- sence of this insurance; and (2) The total of all deductible and self-in- sured amounts under all that other in- surance. c, We willlhue the remaining loss, if any. with any other insurance that is not described in Ibis ExcelS lnsU:ra1lœ proviUoIl and was not bought spe,.;flr-aÐ.y to apply in excess of the Limits of Insurance shown in the DecIara.- lions of this Coverage pa.(t. Method of Sharing If all of the other ~ permits contrib- ution by equal shares, we will fonow this 1Uethod also. Under this approach each in- surer contribmes equal a¡nounts u:o.til it has paid its appfu:able lìmìt of insurance or none of the loss remains, whichever comes firat. If any of the other insuranc:e does not permit contribution by equal ~, we will contrib- ute by limits. Under this method, each in$UJCt"s sha1e is based on the ratio of i18 ap- plicable limit of insurance to thc total appli- cable limits of insurance of all insurers. 0;00001 '001 Cupytien~ ISO I'roporli.., I.'., 2000 I £000 SS9 . ON 5. Premiwn Audit a. We will coxnpute all p~ums for this Cov- erage Part in accoroance with our rules and. ratel. b. Premium lIhown in this Coverage Part as ad. vance pmnium is a deposit premium only. At the close of each audit period. we will compute the earned plCmium for tlW period. Audit pmpiums are due and pø.yable on no- tice to the firat Named Insurel\. If the sum of the advanceond audit prcrniumJ¡ paid for the policy period is peater than the earned premium, we will rernm the excess to the lint Named Inswed. c. The firat Named IIISUI'ed. must. keep recorda of the Ï>;Jformation we need for premium computation, and send. us copies at such times as we may req,ue.!t. 6. RCII'CbçIltatiOllS By al:Cepting this policy, you agree: a. The stateJnen1s in the Dec1aratio.m an: accu- rate and comp1ete; . b. ThOR &t*~e'(\ts are ba5ed Upon representa- tions you made to US; and c. We have issued this policy in reliance upon your representations. 7. Separation of Jnsqrats Except with ICspect to the Limits of Insurance:, and any rights or duties spe<:j(irAl1y asaigoed in this Coverage Part to the first Named In_ed, this in- surance applies: a. IU if each Named. Inswed wen: the only Named Insured; and b. Separately to each insured apin.st whom claim is made: or suit is brought. 8. Transfer of RI¡bts of Recovery Agaiost Others to Us If the insured has rights to recover 1111 or pa¡t of any payment we have made under this Coverage Part, those rights are transferred to us. The in- sured must. do nothing after loss 1.0 impair them. At O\lr request., the insured will bring suit or Page 13 of 17 S1S9¿v9v1¿16 ~ ~IN~O~Il~J '05 ~O ISn 81 :01 EØ0C/S1/01 ACORDTM CERTIFICATE OF LIABILITY INSURANl;1: UPA #07-0range County 6562 Trotter Drive Huntington Beach, CA 92648 . (2.1 ,~ ol Cax~ !\/ - ø1ðD3- /iL 4 INSURERS AFFORDING INSURE:R A: The PRODUCER USI of Southern California Lic# 0351162 *** 818-906-3350 PO Box 9004 Van Nuys, CA 91409 INSURE:]) INSURER B: INSURER C: INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR HE P ICV PERIOD INDICATED. NOlWITHSTANDING ANV REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WlTli RESPECT TO WHICH THIS CERTlflCATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BV THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH rOLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. POLICY EFF¡;CTlVE POLICY EXPIRATION D TYPE OF INSURANCE POLICY NUMBER UMITS I LTR NSR X PD Ded:250 MED EXP (MY one person) PE:RSONAL & ADV INJURY GENERAL AGGREGATE PRODUCTS - COMP/OP AGG $1 000000 $50 000 $10 000 $1000000 $3 000 000 $1 000 000 A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS MADE ~ OCCUR MXC8040883107 07/01/04 07/01/05 EACH OCCURRENCE DAMAGE TO RENTED LOC COMBINED SINGLE LIMIT (Eo accident) $ ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per person) s HIRED AUTOS NON..oWNED AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) EXCESSIUMBRELLA LIABILITY OCCUR 0 CLAIMS MADE I/r AUTO ONLY - EA ACCIDENT $ GARAGE LIABILITY ANY AUTO EACH OCCURRENCE AGGREGATE EA ACC $ AGG $ $ OTHER THAN AUTO ONLY: DEDUCTIBLE RETENTION "fn fNAfy" ~l~ M ~i.J $ $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? ~~~~litS~~ÔJ'I~~NS I A OTHER Pollution Cleanup E.L. EACH ACCIDENT E.L. DISEASE - EA. EMPLOYEE 1& MXC8040883107 07/01/04 07/01105 E.L. ClSEASE - POLICY LIMIT $ $5,000 Limit DESCRIPTION OF OPERATIONS I LOCATIONS ¡VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPI,CIAL PROVISIONS Excludes Non-owned & Hired Automobile Liability *30 day notice of canc:ellation; 10 day non-payment of premium. RE: Brandon Young Certificate Holder is amended to Include Santa Ana Regional Transportation (See Attached Descriptions) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF TIiE ABOVE DeSCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATtON Santa Ana Regional DATE "[HEREOF. THE ISSUING INSURER WILL ~Rø MAIL ~ DAYS WRITTEN Transportation Center, etal NOTIC:. TO THE CIiRTIFICATE HOLDER NAMED TO THE LEFT._J:~ 1000 E. Santa Ana Blvd. #300 M'ØII:JI~JtII:XØIUIX~~~xx Santa Ana, CA 92701 AUTHORIZED REPRESENTATIVE ~ /(. ~ ACORD 25 (2001/08) 1 of 3 #M251000 $LD @ ACORD CORPORATION 1988 ~-d 1 ~Eq 1.1 d6v:~0 VO 90 ~n~ Au~ 06 04 02:49p Tlla~l p.3 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ~,,¿IY ACORD 25-8 (2001/08) 2 of3 ØII?r¡:1nM Rug OS 04 02:50p Tllagl p.4 Center, The City of Santa Ana, its officers & employees are listed as Additional Insured as respects to CG2010. ~rJy J/1 3 0'3 #M251 000 . . Rug OS 04 02:50p Tllagl p.5 POLICY NUMBER: COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS Scheduled Person or Organization This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: AS per attached certificate of insurance (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. Section II - Who Is An Insured is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of your ongoing operations performed for that insured. B. With respect to the insurance afforded to these additional insureds, the following exclusion is added: 2. Exclusions This insurance does not apply to "bodily injury" or "property damage" occurring after: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the site of the covered operations has been completed; or (2) That portion of "your work" out been put to its intended use by any contractor or subcontractor engaged a part of the same project. of which the injury or damage arises has person or organization other than another in performing operations for a principal as CG 20 10 10 01 @ ISO Properties, Inc., 2000 ~?SI/Y