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HomeMy WebLinkAboutMORELAND AND ASSOCIATES, INC. 1 - 2005 .. INSURANCE 01\ r1Lt WORK Mill PROCttu UNTIL INSURANCE EXPIRES 3~;;'lr05 CLERK OF COUNCIL DATE: ';'-/5 -05 O~ plU' THIS AGREEMENT, made and entered into this 25th day of January ,2005 by LC.~ and between Moreland and Associates, 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 ofthe State of California (hereinafter "City"). N-2005-016 -, CONSUL T ANT AGREEMENT RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of providing audits of Hotel Visitor Tax. B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall perform those services as set forth in the Informal Proposal Dated January 19, 2005 by Consultant, attached hereto as 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 $10,000.00 during the term of this Agreement. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above and shall last for (6) months, unless terminated earlier in accordance with Section 12, below. The term of this Agreement may be extended upon a writing executed by the Executive Director of the Finance and Management Services 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 of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, agents, volunteers, and employees as additional 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 ofthis 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 ofthe 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. If Consultant is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim. 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. (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: (I) 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 ofthe terms of or effects arising from this Agreement. This indenmity 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 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 of law; or ( e) is independently developed by the Consultant without reference to information disclosed by the City. 8. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 9. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk ofthe 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: Building Maintenance Superintendent City of Santa Ana 20 Civic Center Plaza (M-II) P.O. Box 1988 Santa Ana, California 92702 4 and, City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 Telefacsimile (714) 647-6515 To Consultant: Moreland and Associates 1201 Dove Street Suite 680 Newport Beach, CA 92660 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, that 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 5 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 ofthe 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 government and construed in accordance with the laws ofthe State of California. This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any ofthe 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, 6 . 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: _' ~ 60---- ~:J ~ Patricia E. Healy , Clerk of the Council CITY OF SANTA ANA . / t / /<<.} ~L,J//:j l/,.~----- David N. Ream City Manager APPROVED AS TO FORM: Joseph W. Fletcher City Attorney (\\ j ,-' u~~ \ By: Michael Vigliotta Deputy City Attorney RECOMMENDED FOR APPROVAL: CONSULTANT ~M\.~~~<:'0 ~\.. '_ Francisco Gutierrez Executive Director Finance & Management Services Agency ~~.:l1-~~,4_ BY: /~~ :1t!frD;Jrl? TITLE:_~::~ Employer ID itZ;?-c?/P;{7?3 7 Moreland & ~ gna CERTIFIED PUBLIC ACCOUNTANTS 1201 DOVE STREET, SUITE 680 NEWPORT BEACH, CALIFORNIA 92660 (949) 221-0025 570 RANCHEROS DRIVE, SUITE 260 SAN MARCOS, CA 92069 (760) 752~3390 EXHIBIT A January 19,2005 Ms. Christine Calderon Treasury Manager City of Santa Ana P. O. Box 1988, M-17 Santa Ana, CA 92702 Dear Ms. Calderon: It was a pleasure discussing with you a proposed plan for monitoring compliance with the City's Transient Occupancy Tax (TOT) Ordinance. We have assisted many cities in developing such a plan. In addition to developing an overall plan, you are interested in quickly performing two TOT audits on an emergency basis. This letter will concentrate on performing the two emergency audits. We are prepared to begin your two emergency TOT audits almost immediately. We will provide you with a sample notification letter to send to the two hotels/motels indicating that our firm will be performing the audit and describing the records to make available to us. The letter will also indicate that Mr. David Cotellesse will be contacting them to arrange a convenient time for the audit We recommend testing three months during the most recent year. If significant exceptions are found, then the testing can be expanded to cover a far more significant period, perhaps one to three years. Because our test work is in the form of agreed-upon procedures, I want you to understand the typical procedures we will perform. I. We will gain an understanding of the hotel/motel system for the collection, accounting, reporting and payment of Transient Occupancy Taxes. 2. We will verify the mathematical accuracy of three monthly TOT returns filed during the prior year. 3. We will verify the timing requirements of the filing of the three monthly TOT returns selected for testing. 4. For the three months selected for testing, we will reconcile rental revenues from the TOT returns to the hotel/motel's monthly revenue summary. Ms. Christine Calderon Treasury Manager City of Santa Ana January 19, 2005 Page 2 5. We will select ten registration cards from throughout the year and compare the information to the daily revenue summary or comparable document. 6. We will select up to ten exemptions claimed from throughout the year and verify that the hotel/motel has documentary support for the exemption as described in the City's TOT Ordinance. 7. We will reconcile bank deposits for the entire fiscal year to reported revenues. 8. We will reconcile annual revenues from the monthly revenue summaries to the Federal Income Tax Return, ifit is available. 9. We will prepare a written report describing the procedures performed and our findings. Each written report will also provide a recommendation regarding the expansion of our work to additional reporting periods. We have considerable experience in the application of agreed-upon procedures in connection with Transient Occupancy Taxes. We have applied the above procedures to all or some of the hotels/motels for the Cities of Barstow, Bell Gardens, Big Bear Lake, Burbank, Calistoga, Costa Mesa, Cypress, Escondido, Hawthorne, Laguna Beach, Laguna Hills, Long Beach, Manhattan Beach, Mission Viejo, Momovia, Monterey Park, Newport Beach, Pomona, Richmond, Santa Clara, Santa Fe Springs, San Mateo, Santee, Seal Beach, Solana Beach, Solvang, Sunnyvale, Temecula, Torrance, Tustin, and Yuba City. We have also provided these services to selected hotels, motels and resorts for the County of San Diego. Our fees for the application of the above procedures in connection with the two emergency audits will be $2,500 each, including out-of-pocket expenses. If you authorize us to expand our work based on our initial results oftesting, the additional work would be at the following hourly rates: Level of Work Performed Hourlv Rate Partner Manager Senior Accountant Assistant Accountant Clerical $125 100 75 65 30 Plus local transportation costs. . Ms. Christine Calderon Treasury Manager City of Santa Ana January 19,2004 Page 3 The field work will be performed by Mr. David Cotellesse, whose resume is attached to our proposal. Mr. Cotellesse will be managed by Ms Brenda Grubbs who will be working under my direct supervision. You will note that Mr. Cotellesse is extremely well qualified to perform these emergency audits for the City of Santa Ana. Please let us know if you need any additional information. Thank you for the opportunity to present this proposal as we would like to perform these two emergency audits. We are also very interested in assisting the City in developing an overall plan for determining TOT compliance within the City of Santa Ana. Please acknowledge acceptance of our proposal for the two emergency audits by signing and returning one copy of this letter for our files. Very truly yours, MORELAND & ASSOCIATES, INC. 4$kf ~~~ Michael C. Moreland, Partner ACCEPTANCE BY THE CITY OF SANTA ANA BY: -~I\t\~"'~'N" ,-.> \\ ~':. DATE: \, /1..":> I () ')- .. . RESUME OF DAVID COTELLESSE SENIOR ACCOUNTANT Mr. Cotellesse has over five years of experience in the hotel industry. Following his graduation from Eastern Michigan University with a Bachelor of Science degree in Business Administration, he spent one year as the Reservation Manager at a Sheraton Inn and one year as the Front Office manager at a Crowne Plaza. Next, he became the General Manager of an Extended Stay America, where he managed the overall operations of the hotel. Mr. Cotellesse has made a career change to public accounting. He has applied agreed-upon procedures at numerous hotels/motels relating to Transient Occupancy Taxes in connection with projects at the County of San Diego and the Cities of Escondido, Encinitas and Monterey Park. Mr. Cotellesse has strong written and oral communication skills. He works well with other staff members and clients at all levels of management. He has excellent analytical skills, initiates projects and acts as a team leader. Mr. Cotellesse also has strong computer skills. P2/B7/2BB5 17:35 71454753B4 02/02/2005 13:32 9494740499 CITY OF SANTA ANA BRIAN RDBINSCI-I PAGE B2 PAGE 01 AC.1JBD.. CERTIFICATE OF LIABILITY INSURANCe TIllS ClillllFIGATE III I8IlJ~D All Mil O~ INFORllAllOII OILY llND cOHFl!IllI NO IIIClHTlI UI'OIII TIlE QEIITI1'1ClATE MOLD.'" 1H\$ cEII1IFICA'11! DOES NOT llMEllD. 1!Il.'IENII llII llL'mI T & ocW!lll . AFFlIIIDEIl BY till 0UCI1i1i NJ,.OW, 0." ~I'I'I'I 2-2 OS _UCIII PHIL1P s, ROaINSON INSURANCE 2061 BUSINESS CENTER DR. # 200 LHVlNE, CA 92G12 9491719300 INBURI!JlS AFf'OIl1JING llOVII"...... --...---..-...-.-- ~.~k.AMER~CAN STATES INSURANCi co. ~ II:PHIJr!z>.DEL~llIA I,IlIPEMNITY INS cO. NlIJIIE!I c, .' ,,' !!!LUi!A- . - MORSLAND & ASSOCIATES 1201 DOVE ST # 660 Nll:Wi'01'.T B!i:p.CIl, CA 92660 2 All.. 110lE l'OOa!ll 01' lNalMNCE UlIIClll'iLOW MAVi _ lUllED 1ll1"~ MU_ ......~ _t roM 'II'. I'llua. - IN""'-\'mI. NmwllMlTANDlNr* Ntt II!QllIMillENT. TIRol OI! OQIIDmON OF ANY CQNllWlT OIl cnHEA CCCUMENf WlTM RESm:T 10 WHICH 1l1IlI OERllI'ICATO tN.Y 1& IIIUID 011 IIAY I'!Il'I'AIN, '!HE INlUft,t,NOi AFFllIlDED IY 'lME pouDIEII CE8O!IIII!C KERE1N IS SUBJECT TO All110lE lERIlS. !:XCWOIOHS 1IiD OOHDmCNll C~ 8lJCH I'OUQIII. Milo........ 1I1lITR R~1lllMII MAY HAV1! a!!eN Il!tl\lCEtl III ~ND Clo\IMII. _'" ""... . . .......' ,.- II'P I \NIl ,- -"~II_. :8076 1C;! 3-26-05 r-'~""--. .~l., OQO.d!l A iY~1otMRW- Oe&IUL UA1lU1Y """ ./\MoI\!E -... 1;000 , 000 ~!M1lE [{] 1lCWl 0I!lI Elf' r~,,""'''- ,.1,0 1000. ~UIVIIWIIr .1,000,000 J;:BL-- GIll~" .20DO-OOO _--- AtPROVED S TO FO. INlmH_oTPAoia1 !l00, 00 (\ : autOYODU LM81JT1' "",AU1ll ....0WIlEll1llllllll . !104mlLIlI A1iTO! 0:2~07698HI '- ., ,000,000 8l'JDI\..Y~ . II"'..",~ MCILYfN.IJtY' I (1'1I- i'l!Clf'!I'1YD"""'" . ~II_- .If.Jm ot!-y.. T I .1HfH Ell lICe . ONI.:r. ~ . IAC~ Q~ .1 3-;/6-04 3-26-05 '~-''11 .1 -- _Nl~ ~~I~~ ~CIH . ....__.._ Alii -- ........ .J _..-rrr AlIJalXlUR OQ.....- 01CTOOlf.l99 A OHICO 7275 4-1-0 4-1-05 &l "" iJ.D_,.!I._~ 13.L. DIIiPSI . .1,QOO,OQO 11 000,! ODD 1 000 000 - I! PROFEf3DJ:ONAL HSP094821 4 1. 04 . H ...,." 011 0IeA'fIMIIU]e1~1II~'- II't ftIOaIIl",UlkW. '"...... CPA * Ir CANCELED fOR NONPAYMENT 10 DAY NOTICE WILL BE GIVEN CERTIFICATE HOLDER IS NAMED AS ADDITIONAL INSURED WITH LIABILITY LIMITED TO CLAIMS ARISJ:NG OU~ OF TK~ INSUREDS OPERATIONS ONLY ;jl 000 000 ....,,-,. - t;J.'L'X 0 SA 11 MIA 20 eIVIC CENTER ~LAZA SANTA ANA, CA 92701 . OANO :JlO1I OlUlNto.., D111111. AIICftIII M~.1ftIII1dJCIM II CAMC8LID ~l,........,.. DlIIIE ......1 'ftfI .... ....... lIIU. r-'" ., _II. .3.0..- Daft ..,.".. lIO'IICl.m~ ~.,.,.. ~1O'ftIIII UPl', ~ .__............mu.. 1Iir__.... __.:_~..,' __....., - "'no _._ _~ ..... _JUL.. j.. -.....,. -. ..AM _..__.-A:. AU1ltOR_ ~_A_ _ ..__ ...........a...AU ... ,82/8712885 17:36 7146475384 CITY OF SANTA ANA PAGE 81 EXHIBIT B ADDITIONAL INSl IREO ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY POLICY Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy # tP:z'W'1c..q8'1 q relating to the following: 1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its officers. employees, agents. volunteers and representatives are named as additional imIweds ("additional insureds") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf ofjile named insured. 2. With respect to claims arising out of the operations and uses perfonned by or on beha1f oithe named insured. such insurance as is affo((led by this policy is primary and is not additional 10 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 fillt 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 92701, (Completion of the following, including countersignature, is required to makc this endorslmlent effective,) Effective ~~. :2 (." '?.I.l 04 , this endorsement form as a part of Po]jcy# ~.E2Q ~QJ~lq Issued to /' M()r<'t:'LAiJ ri..J. ~a.i.. A-'r"eS' Named Insu d Countersigned by AI'PROVED AS TO FORM l6'-'~ ; !~ .: n Stitt Sheedy , r'\ ttorney .02/07,2005 17:35 eile2/2~e5 1,:,2 7145475304 ~<l~<l7<lM88 CITY OF SANTA ANA I!I<:rAN ~8!NSIJN PAGE 03 PAGE ~2 policy Number: Q,2B0769119 'fHIS ENDOlUlEMENT CHANGES mE poUCV. PLEASE READ 1'1' (;A!U:ltlLLY. ADDITIONAL J.N'SUlUD - MANAGERS OR u:SSOkS OF PREMISES Thi. cndu..cm<:ntm..dlfi.. ii1I\lTf.".' provltlnri ""der ih. followin-.: COMMERCIAL GB'NBRAL LlABlLITY COVE.RAO~ PART. St.llcdul. t. Namu .rp....n or Q..al:uotinn (Addltlonallnnrall: CITY 01' SANTA ANA, ITS OFF1CIRS, El'o'IPLOVlIS,AGENTS, VOl.Ul'1TURS AND REPRESENTATIVES (JiM '''''Y aJlllellB above. !be illlillllUllion l'IlIu,"d IQ OOl1ll'lcte this OTldorscmotlt will be ,hoWII in the 4elllarwOIlS as applicable to this endorI4mOftt.) wHO IS AN INSURED (tl<l~le" II) is OJ1'lI'l1dcd 10 i"dllde s,"n in~lll'Cd the 1'8"'on or O1)I,IlIlZ3Iloll shown in the SGhd~le but only with respec:t U1l1abilily ati;;ng alll afllle ownel'!;hlp, Mainlllnlllce or use of that Plrt ofNlIrwmisea I_cd 10 you and .hown in the Sohtdul. and .ubjeclllllhe following additional IIXCluslons' Thi. inllUtB_ does not R[l\'lly Ia. I. Any "OCCUlTence" which 1aIce. place a!tor)"lll c__ to be Illeftllll11n that premisS!. 2. SWC'lu,..l n\~""" "ew consml,,~on or clomolltloD .,.,1lI~a. porfOll1l1e~ 1')' ~ nr on betlalf of tho PIII"QIl or orpni:zatimI shown In the Seb~ule. CO 20 11 01'16 Copyript, Insurance Smvicc! Office, I""., 1994 Page I of! '\PPROVED AS TO FORM ~( .,~, _ "f") . i! ra Stitf i1eedy ~'it\' Attornev ACORD~ CERTIFICATE OF LIABILITY INSURANCE I DATE (MMlDDIYV) 7-1-05 PRODUCER THIS CERllFICATE IS ISSUED AS A MATTER OF INFORMAllON PHILIP B. ROBINSON INSURANCE ONLY AND CONFERS NO RIGHTS UPON THE CERllFICA TE HOLDER. THIS CERllFICATE DOES NOT AMEND, EXTEND OR 2081 BUSINESS CENTER DR. # 200 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. IRVINE, CA 92612 9494749300 INSURERS AFFORDING COVERAGE __u fJ - ;1005- c> i 0 ------- INSURED INSURER A,AMERICAN STATES INSURANCE CO. ------ MORELAND & ASSOCIATES Ii - ;;(tD(,-{YfD INSURER ",PHILADELPHIA INDEMNITY INS CO. ------- ---- 1201 DOVE ST # 680 92660~-;{ro5~'If) '-0/ INSURER C: - --- - NEWPORT BEACH, CA INSURER O- n ------- 949 221 0025 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 PERT,~.!N. THE !NSURANCE AFFORDED BY THE POLICIES DESCRI8ED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. t.m ' TYPE OF INSURANCE -;- GENERAL lIABILITY A Li~~MERCIAL GENER~~llITY lti~AIMS MADE <_OCC~R GEN'L AGGREGATE LIMIT APPLIES PER -: POLICY ~- ~~,9T 7- LOC ~~fMOBILE LIABILITY __~ ANY AUTO __ ALL OWNED AUTOS _---,- SCHEDULED AUTOS A .J HIRED AUTOS -J- NON-OWNED AUTOS POUCY NUMBER POLICY EFFECnvE ' DATE fMUIDOIVV\ 3-26-05 POIJCY EXPIRATION DATE IMU100lVV\ 3-26-06 LIMITS EACH OCCURRENCE . ...~OQL.Q Q 0 ~RE D~~9~-'Any one lire) _ ~~, 00_9_1 000 MED ~~_C~y.~ne person) _ _~lQLQ_OO PERSC?~A!:._~ADVINJU~~______~J ,J2_QO, OOQ GENERAL A9_~EGATE __ ...!~_! 000 , 000 PRODUCTS_~. S:2..MP10P A~~ -.!1_1 0.9 9 , 0 0 0 02B0769819 COMBINED SINGLE LIMIT (Ea accident) $ 1.L00~_00 02B0769819 3-26-05 3-26-06 ! BODILY INJURY I (Per person) --- $ ------ r--- I__C!~~AGE LIABILITY ANY AUTO BODILY INJURY (Per accident) .- PROPERTY DAMAGE (Per accident) $ $ EXCESS LIABIUTY A ITI OCCUR [ J CLAIMS MADE i-- I DEDUCTIBLE 01CT001899 3-26-05 3-26-06 ~'2_2~_LY - EA_~~~ OTHER THAN ~~~ .!___ AUTO ONLY AGG $ I EACH OC~~~RENCE____ _!I.LQO Q_&~_ : AGGRE,,^"-___.. $~QO , 000 $ , RETENTION $ ! WORkERS COMPENSATION AND EMPLOYERS' LIABILITY AI T OTHER , BlpROFESSIONAL $ $ 01WC027275 4-1-05 4-1-06 I , WC STATU. I 10TH I 'V_JIORY LIMITS _l.ER._ ______ ____ i E.L. EACH ACCIDE_~T __ _~_.9 O.QL 000 _ ~EIS~_E - EA_~_~PLOYEE I $1 , q QgJ 000 E.L. DISEASE - POLICY LIMIT $1 I 000 I 000 PHSD094821 :4-1-05 4-1-06 2 000 000 DESCRIPTION OF OPERATIONSILOCATIONSlVEHICLESlEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS CPA * IF CANCELED FOR NONPAYMENT 10 DAY NOTICE WILL BE GJi.~ovm) ;\S IU F'ORM CERTIFICATE HOLDER IS NAMED AS AN ADDITIONAL INSURED .Y-$:{\.;:_c,i.L ."- "Laura Stitt Sb-",.tj" CANCELLATION Assi~tanl City A11.,1rnc\ SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WIU I!IJf>b...un It MAIL ~ DAYS WRITrEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Btn I"ItII:tlRIi .- "^ C!n C!IJAU ALL OPERATIONS CERllFICATE HOLDER I .J I ADDmoNAL INSURED, INSURER LETTER, A CITY OF SANTA ANA PO BOX 1988, M-17 SANTA ANA, CA 92702 TTN - MIRELLA VARGAS 1....t'\1;:t... I\IU Ua...........:.,J un .....DILlII Vr" "1'1I1 ,Hili ""'<:'.. 'Alii 11I8Y'q~" I'T'C! AI':!"NTC: OR li........c.ox;nl..II."'~ AUTHORIZED REPRESENTATIVE !f~ /? , ACORD 25-S (7/97) @ ACORD CORPORA llON 1988