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Home My WebLink AboutBOND LOGISTIX, LLC - 2005 r \/', AGREEMENT TERMINATION Please complete this form when the attached agreement is no fWlg4V1in4Mei('i 2: liS Retur.n form to the Sf. Deputy Clerk of the Council (M-3D). ~~;6<17-5238 ifY911fflve any questIons. 5, -GIL - -- - - -- - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - -- - - - - - - - -- - - - - - - -- - - - - - -- was completed on I)ond [O~isJt~ 'ha/OJ l I No N-,;),W5-0w5 , . The agreement with , and final payment has been made. Department: h~ Signature: 0~t" ~ Date: 7/.J-~/"7 , , City of Santa Ana Revised 8-7-03 Clerk of the Council N-2005-065 I,JSURANCE NOJ ON filE WORK MAY NOT PROCEED CLERK OF COUNCIL DATE: 5-;;Ur-DS CONSULTANT AGREEMENT t ~ fM <; (r;~0 THIS AGREEMENT, made and entered into this 10th day of May, 2005 by and between, Bond Logistix, LLC, a California limited liability company, (hereinafter "Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the Sate of California (hereinafter "City"). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of financial analysis. 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 ofthe 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 $8,000.00 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 that fails to meet the standards of performance set forth in the Recitals that may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above and terminate on June 30, 2005, or when total funds appropriated under said Agreement have been expended, whichever comes first. However, the term ofthis Agreement may be extended upon a writing executed by the Executive Director of the Finance Agency and the City Attorney only if the total expenditures have not exceeded total appropriations as approved by the City Council. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee ofthe 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, 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 of this Agreement and shall be approved in form by the City Attorney. b. Business automobile liability insurance, or equivalent from, 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. If Consultant is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim. e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be 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 affect 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. INDEMINIFICATION 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 I 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 ofthe 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 received 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 disclosed 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 interest 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, California 92702-1988 Telefacsimile (714) 647-6956 With courtesy copies to: Executive Director of the Finance Agency City of Santa Ana 20 Civic Center Plaza (M -17) P.O. Box 1988 Santa Ana, California 92702-1988 Telefacsimile (714) 647-5414 And, City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702-1988 Telefacsimile (714) 647-6515 To Consultant: Bond Logistix, LLC 777 South Figueroa Street, Suite 3200 Los Angeles, California 90017 Telefacsimile (213) 612-2499 Attn: Glenn R. Casterline 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 or 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 ofthe 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 that 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, relation, 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. JURISDICITON - 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 Sates, 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. 16. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each ofthe 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: CITY OF SANTA ANA ()- C-.-" 1 .~/ _~ ~c\ ~- L" <_ PATRICIAE. HEALY \ Clerk of the Council ) ~~~~ AVIDN. REAM City Manager APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney ~ " By: Micha Vigliotta Deputy City Attorney RECOMMENDED FOR APPROVAL: ':\;(\~~~-\.~,...) '\\* Francisco Gutierrez Executive Director of the Finance Agency CONSULTANT t"ll""-' ~~~-- Glenn R. Casterline Associate Director Tax ID# 51-0404065 EXHIBIT A A. Consultant shall provide financial analyses and calculations relating to the arbitrage rebate requirement on Santa Ana Financing Authority Revenue Refunding Bonds contained in Section l48(t) of the Internal Revenue Code. Consultant shall arrange with Orrick, Herrington & Sutcliffe LLP to provide a legal review and accompanying legal opinion for each analysis prepared by Consultant. Consultant shall provide the required analysis, calculations and opinion at a cost of$2,250 per each bond issue. The calculations are to be performed with respect to the following: I. $20,110,000 Santa Ana Financing Authority Water Revenue Refunding Bonds, Series 2004 2. $38,845,000 Santa Ana Financing Authority Police Administration and Holding Facility Lease Revenue Refunding Bonds, Series 2004A ~' /:I~~ :> ,\V/ I, .' ',.~J 777 South Figueroa Street, Suite 3200 BONDLOGISTIX Los Angeles, CA 90017 Phone 2/36122200 Fax2136/2 2499 1l-j~I'~hT. '~.'.O"..l'al';,. ,tHtC"',l";:'I'; www.bondlogistix.com May 5, 2005 Mr. Francisco Gutierrez Santa Ana Financing Authority 20 Civic Center Plaza MI7 P.O. Box 1988 Santa Ana, CA 92701 Re: Arbitrage Rebate Compliance Services Dear Mr. Gutierrez: This letter is to confirnl the engagement of Bond Logistix LLC ("BLX") by the Santa Ana Financing Authority ("Obligor") for the purpose of performing calculations relating to the arbitrage and rebate requirements contained in the Internal Revenue Code (the "Code"). The calculations are to be performed with respect to the bond issuers) listed on Exhibit A hereto (the "Bonds") applying applicable federal tax rules. BLX will calculate the amount of rebate liability with respect to the Bonds once per year as of the end of each bond year (unless specifically directed in writing otherwise by the Obligor) and as of the final maturity or redemption of the Bonds (each such date on which a rebate calculation is performed is referred to herein as a "Rebate Calculation Date") applying regulations of the United States Department of the Treasury ("Treasury") in effect on such Rebate Calculation Date. In addition, if a "penalty in lieu of rebate" election under Code Section 148(f)(4)(C)(vii) has been made by the Obligor with respect to the Bonds, BLX will calculate, every six months, the amount of such "penalty" as of the end of each six- month period beginning on the date of issue of the Bonds (each such date on which a penalty calculation is performed is referred to herein as a "Penalty Calculation Date"). (The tenn "Calculation Date" as used herein shall refer to a Rebate Calculation Date or a Penalty Calculation Date, as appropriate.) ill addition, if required or requested by the Obligor, BLX will include in each report delivered to the Obligor an analysis of compliance with applicable arbitrage yield restrictions. With respect to each Calculation Date, BLX will prepare or cause to be prepared schedules reflecting the relevant calculations and the assumptions involved and will deliver a rebate or penalty liability report addressed to the Obligor as to the amount of the rebate or penalty liability as of such Calculation Date. At the Obligor's election, which election is made by the Obligor's signature of this engagement letter, each such rebate or penalty liability report will include a legal opinion provided by the law firm, Orrick, Herrington & Sutcliffe LLP ("Orrick"). BLX will engage Orrick to provide legal oversight and review as it deems necessary to render its opinion that the computations shown in the report were performed in accordance with applicable federal law and regulations. Because BLX is an Orrick subsidiary, you may choose to consult counsel other than Orrick about the tenns of this engagement. The Obligor undertakes to provide or cause to be provided to BLX all such relevant data (the "Data"), as specified by BLX from time to time, and shall cooperate with all reasonable requests of BLX in connection therewith. BLX is authorized hereby to obtain Data held by a Trust Bank (the "Trustee") concerning funds and accounts established with regard to the bond issuers) of the Obligor listed on Exhibit A hereto. If available, BLX is authorized to obtain access to view and download said Data from any "online" or "internet based" system or application maintained by the Trustee for such purposes. If such systems or applications are not maintained by the Trustee BLX is authorized to request the Data from the Trustee in a format useful to BLX, and otherwise available to the Trustee. The Obligor also agrees to inform BLX of any actual or planned early redemption of the Bonds at its earliest opportunity. t ~> . ,i~lRT. G'.. . , ",~~ l"I, j) A L I A '" L () '.; ,\ 'i li F L E S N L \V Y ~) R K S ,\ N ' l< \ N ( ! S C () T ,'\ \-J l' /\ ... _0.' ".on".' <" ,hd~'" .,,,, Santa Ana Financing Authority May 5, 2005 Page 2 /':8 BONOlOUI';iili BLX is not being engaged hereunder, and BLX is not hereby obligated, to undertake any of the following: (1) independently determine whether securities allocable to proceeds of the bonds were purchased at fair market value within the meaning of the Treasury Regulations; (2) perform an audit or review of the investments acquired with gross proceeds or the payment of debt service on the Bonds; (3) perform calculations or other research as to the desirability of elections or selections that may be available under applicable federal tax law; (4) review the tax-exempt status of interest on the Bonds or any other aspect of the Bond program except for rebate and penalty liability to the extent set forth in this engagement letter; (5) consider any information obtained by BLX pursuant to this engagement for any purpose other than determining such rebate and penalty liability; and (6) update any report delivered hereunder because of events occurring, changes in regulations, or data or information received, subsequent to the date of delivery of such report. Should the Obligor desire BLX to undertake any of the foregoing, such work will be the subject of a separate engagement and a separate fee, if any. In addition, BLX will be entitled to rely entirely on information provided by the Obligor and the Trustee and/or their agents and assigus without independent verification, The fee with respect to the Bonds will be determined pursuant to Exhibit B hereto. Engagement Fees are due upon each engagement and Report Fees are due upon delivery of each report by BLX, This engagement is terminable by either party by written notice to the other, such termination to be effective immediately; provided that, if BLX terminates this engagement prior to delivering any calculations, the engagement fee (if previously paid) shall be refunded. BLX shall be entitled to assigu its rights and obligations under this engagement in whole or in part upon prior written notice to the Obligor; provided that no such notice is required so long as Orrick retains the obligation to deliver legal opinions hereunder. No additional fees will be charged by Orrick for providing the legal services described herein. BLX will separately compensate Orrick for such services. BLX and/or Orrick may have client relationships with other parties involved in some manner with the Bonds or the Obligor (for example, undenvriters, trustees, rating agencies, insurers, credit providers, lenders, contractors, developers, advisors, investment advisors/providerslbrokers, public entities and others) whether with respect to the Bonds or some unrelated matter(s). However, to the extent that a conflict-of-interest is created by this engagement, the Obligor hereby waives any such conflict. If this engagement letter is satisfactory, please have an authorized official execute one copy and return it to the undersigned. Very truly yours, BOND LOGISTIX LLC ~~< Glenn R. Casterline Associate Director Accepted: CITY OF SANTA ANA By: 't'\\\:\.~t\~).:t- ., '1\. :\:. Francisco Gutierrez Executive Director of Finance & Management Services Agency . - Print Name: Title: Date: 05/10/05 E-mail Address: fgutierrez@ci.santa-ana.ca.us :8 80NOldGI'i IX ~"." "",.,'" .c" ..;,.' ,0", EXHIBIT A Description 1. $20,110,000 1 Santa Ana Financing Authority Water Revenue Refunding Bonds Series 2004 2. $38,845,0001 Santa Ana Financing Authority Police Administration and Holding facility Lease Revenue Refunding Bonds Series 2004A 1 Annual Report Fee is capped at $2,250. <8 BONDlui:IS I): EXHIBIT B ARBITRAGE REBATE COMPLIANCE SERVICES FEE SCHEDULE BASE FEE Se~ice Engagement Fee (one-time fee, per issue) Report Fee (per report) Fee Waived $2,250 OPTIONAL SERVICES Evaluating various elections and applications To be negotiated separately l '/:8/ "'" , , . . ..- ", . .'....... BONDlar,ISIIX ...,...."...<1...-;..,..".;.,...;;.. EXHIBITC ARBITRAGE REBATE COMPLIANCE SERVICES - ADDITIONAL INFORMATION I. REpORT FORMAT SELECTION INFORiHATION Please select desired format: o Electronic Format Analysis provided in PDP format via E-Mail. PDP format requires the use.of Adobe Acrobat Reader which is available free of charge through the internet (please refer to Adobe's web site for further infonnation and/or instructions on how to download this program: www.adobe.com). Please provide your E-Mail address: o I prefer to have my report mailed on a CD G:J Paper Format Analysis provided in paper, spiral bound fonnat. Includes one (1) copy. Additional COpIeS provided at $10 per copy. !Z} Additional copies requested. Number of additional copies: 1 !Z) Please E-Mail me a copy of my report in PDP file fom1at at no additional charge Please provide your E-Mail address:bta@cLsanta-ana.ca.us II. TRUSTEE INFORMATION Name of Trustee: Trustee Contact: Trustee Phone: Bank of New York Teresa Fructuoso Tmst Account Number: (213) 630-6240 W:::lh::::.r RpvpnllP fundinG Bond Account Numbers 427040 Bond Proceeds 427038 Cost of Issuance 427037 Rebate FO 427036 Reserve FO 427035 Sinking Acct 427034 Redemption Ac 427033 Principle Acct 427032 Interest Acct 427031 Payment FO Santa Ana Police Admin & Holding Facility Acct Numbers 426958 Rebate FO 426961 Revenue FO 426962 Cost of Issue FO 426963 Principle FD 426965 Interest Acct . MARSH CERTIFICATE OF INSURANCE CERTIFICATE NUMBER SEA-000872126-01 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS MARSH RISK & INSURANCE SERVICES NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE P. O. BOX 193880 POUCY. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE SAN FRANCISCO, CA 94119-3880 AFFORDED BY THE POLICIES DESCRIBED HEREIN. CALIFORNIA LICENSE NO. 0437153 COMPANIES AFFORDING COVERAGE - ___n____..._ ------ .- -..------- ---- AUn: Laurie Mackintosh 415)743-8457 COMPANY 9025 -BOND-MM- A FEDERAL INSURANCE CO --- -- -- - ..----------- _____n__ . -------- ----- INSURED IV - :JCC5 - O&J5 COMPANY BOND LOGISTIX, LLC B FUND SERVICES ADVISORS, INC. ------------ __n_______ --- 777 SOUTH FIGUEROA STREET - SUITE 3200 , COMPANY LOS ANGELES, CA 90017 C - - ----------- ----------- - ---- COMPANY D COVERAGES This certificate supersEtdes ancf-t~_pfaCesany previously issued certificate for the policy period notedb$:lQw. 1 THIS 15 TO CERTIFY THAT POLICIES OF INSURANCE DESCRIBED HEREIN HAVE BEEN ISSUED TO THE INSURED NAMED HEREIN FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THE CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, CONDITIONS AND EXCLUSIONS OF SUCH POliCIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. _________.u ~---,,- _n_ ,. coT TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR DATE (MMIDDIYY) DATE (MMIODIYY) GENERAL LIABILITY GENERAL AGGREGATE $ - n.______ COMMERCIAL GENERAL LIABILITY PRODUCTS - COMP/OP AGG $ I CLAIMS MADE [] OCCUR ----.- I ~f3~~I"!_~~& AP\!_I~}URY $ $ .------ 1- OWNER'S & CONTRACTOR'S PROT ! EACH OCCURRENCE --. i!~E DAMAGE (Anyone fire) $ - - - I -------- .- MED EXP (Anv one oersonl $ AUTOMOBILE LIABILITY $ -- COMBINED SINGLE LIMIT - ANY AUTO -- - ALL OWNED AUTOS BODILY INJURY $ {Per person) .-... SCHEDULED AUTOS ~. i - HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS (Peraccidenl) c- -- c- --.-.'.- PROPERTY DAMAGE $ GARAGE LIABILITY $ c- AUTO ONLY - EA ACCIDENT f-- ANY AUTO ! ..Q!!:!~R !!"l_~~ ALJTQ_ ONLY: iiti'iLic,c; ,"., ,. ~ - ----- _____EI..C_H_~~CIDENT $ i AGGREGATE $ EXCESS LIABILITY I ~f-:I_?~~_tJRRE!'J~E $ , =1 UMBRELLA FORM i ~_~_~:r.~ $ OTHER THAN UMBRELLA FORM $ A WORKERS COMPENSATION AND 7163-12-66 10/01/04 10/01/05 ~_J_IQR$L~JI~s I I u'R ~.' EMPLOYERS' LIABILITY EL EACH ACCIDENT $ 1,000,000 THE PROPRIETORI Fl'NCl .... . .--.-.. $ 1,000,000 EL DISEASE-POLICY LIMIT PARTNERs/EXECUTIVE 1 EXCL OFFICERS ARE: El DISEASE-EACH EMPLOYEE $ 1,000,000 u,ncR APP[- OVEiJ I\S It) I FORM '. .../ i -"'-- /'-"/-1" . c DESCRIPTION OF OPERATIONS/LOCATlONSNEHICLESISPECIALITEMS Lauru Slitt Sheeuy EVIDENCE OF INSURANCE ONLY I\,~:-'Ist c! n '- Cily Al1on,lOY Ce.I'1'II_:..~~'\!Eo.HEll;IlER .. "';C[ fftti/' eAlCCeLLATION ",.'ti..F..' . ..' .... ,," SHOULD ANY OF THE POLICIES DESCRIBED HEREIN BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. THE INSURER AFFORDING COVERAGE WILL ENDEAVOR TO MAIL -30 DAYS WRITTEN NOTICE TO THE CITY OF SANTA ANA CERTIFICATE HOLDER NAMED HEREIN, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR ATTN: FRANCISCO GUTIERREZ FINANCe & MANAGEMENT SERVICES AGENCY LIABILITY OF ANY KIND UPON THE INSURER AFFORDING COVERAGE. ITS AGENTS OR REPRESENTATIVES, OR THE 20 CIVIC CENTER PLAZA M17 ISSUER OF THIS CERTIFICATE P.O. BOX 1988 SANTA ANA, CA 92701 MARSH USA INC. ~ BY: Gene Williams I ~/....:.-I ...xX'..'i ~~1(3102) VALID AS OF: 06/08/05 , .:.....', . . 'MARS H CERTIF ICATEQjF1NSURANiCE CERTIFICATE NUMBER SEA-000872187-01 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS MARSH RISK & INSURANCE SERVICES NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE P. O. BOX 193880 POLlCY. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE SAN FRANCISCO, CA 94119-3880 AFFORDED BY THE POLICIES DESCRIBED HEREIN. CALIFORNIA LICENSE NO. 0437153 . r ~., . "."""'^'CO,,"'""'"~, -- - .'- 19025 -Finpr-E&O-2005 EO$5M A FEDERAL INSURAi'JCE COMPANY --- - ..n _..----~ INSURED COMPANY BOND LOGISTIX, LLC B FUND SERVICES ADVISORS, INC. -- _._.~ -...- 777 SOUTH FIGUEROA STREET - SUITE 3200 COMPANY LOS ANGELES, CA 90017 C - - COMPANY D CO\iERAGES ... This cedif~1'esuper$;e~d:~~'andre~*~CE}$:'i3ny,pniyfQ'~,~lY issueaec~rtificate for the poli'cyperiod noted:beiqw{; l' - ~ THIS IS TO CERTIFY THAT POLICIES OF INSURANCE DESCRIBED HEREIN HAVE BEEN ISSUED TO THE INSURED NAMED HEREIN FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THE CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, CONDITIONS AND EXCLUSIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. -- --- CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LT" DATE (MM/DDfYY) DATE (MM/DDfYY) GENERAL LIABILITY GENERAL AGGREGATE $ ~ - --- COMMERCIAL GENERAL LIABILITY PRODUCTS-COM~OPAGG $ fcC<- I CLAIMS MADE D OCCUR - PERSONAL & ADV INJURY $ f.- OWNER'S & CONTRACTOR'S PROT EACH OCCURRENCE $ ~ - FIRE D~MAGE (Anyone fire) $ MED EXP IAnv one oersonl $ AUTOMOBILE LIABILITY $ ~ COMBINED SINGLE LIMIT ~ ANY AUTO ~- f.- ALL OWNED AUTOS BODILY INJURY $ (Per person) f.- SCHEDULED AUTOS -------- f.- HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS (Per accident) f-- - --.--.-.- f-- - ---- PROPERTY DAMAGE $ I GARAGE LIABILITY ~9NL Y - EA ACCIDENT $ - - ANY AUTO ~!HAN AUTO ONLY: - EACH A~CIDENT $ -----~- AGGREGATE $ EXCESS LIABILITY ~~CURRENCE $ -----~ ~ ~MBRELLA FORM I AGGREGATE $ I --- OTHER THAN UMBRELLA FORM $ WORKERS COMPENSATION AND I T"6~-7 LfJI~s I I Ud~ , EMPLOYERS' LIABILITY ,., EL EACH ACCIDENT $ ---.--- THE PROPRIETOR! R'NCL EL DISEASE-POLICY LIMIT $ PARTNERS/EXECUTIVE .- OFFICERS ARE: EXCL EL DISEASE-EACH EMPLOYEE $ OTHER A INVESTMENT COMPANY 70232288 10/29/04 10/29/05 AGGREGATE LIMIT $5,000,000 PROFESSIONAL LIABILITY DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS REF: EVIDENCE OF INSURANCE COVERAGE ONLY AS TO FORM APPROVED ,;;, I " '::'<:',F",,' ': :,:(:,r;,',i":',,, CERTIFICATE HOI.D,ER ~ "'S~ ION " .... I Laura Stitt S 6djr CC:.. !\ssi:.,;tant City A r~lor~~'6~Y OF THE POLICIES DESCRIBED HEREIN BE CANCELLED BEFORE THE EXPIRATION OATE THEREOF, THE INSURER AFFORDING COVERAGE WILL ENDEAVOR TO MAIL --3D DAYS WRITTEN NOTICE TO THE CITY OF SANTA ANA CERTIFICATE HOLDER NAMED HEREIN. BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR ATTN: FRANCISCO GUTIERREZ FINANCE & MANAGEMENT SERVICES AGENCY LIABILITY OF ANY KIND UPON THE INSURER AFFORDING COVERAGE, ITS AGENTS OR REPRESENTATIVES, OR THE 20 CIVIC CENTER PlAZA M17 ISSUER OF THIS CERTIFICATE P.O. BOX 1988 SANTA ANA, CA 92701 MARSH USA INC. BY: Richard E. Cowan j-;;' ,,-; /."i.,/~C;-.,. -trr-"1-/ MM1 (3/0~) VALID AS OF: 06/09/05 . . DATE (MMfDDIYYYY) ACQRD. CERTIFICA TE OF LIABILITY INSURANCE OP 10 A~ ORRIC-1 06/09/05 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Jenkins/Athens Ins Concord ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE License No. 0545478 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P. O. Box 5668 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Concord CA 94524-2029 Phone: 925-798-3334 Fax: 925-609-5381 INSURERS AFFORDING COVERAGE NAIC# ---._--- INSURED ;Y- qvo5- oGS INSURER A Vigilant Insurance Company INSURER B: Federal Insurance Company Orrickf. Herrington & Sutcliffe INSURER c: LLP and Bond Logistix LLC 2121 Main St. INSURER 0- Wheeling WV 26003 INSURER E: COVERAGES THE POLJCIES 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 VvHJCH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POliCIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. I P LI E~f...t:~^~t: P~,L E w," I -- LTR NSR TYPE OF INSURANCE POLICY NUMBER 'DAlliMMfDDIYY D~Mtf)DIYY LIMITS GENERAL LIABILITY I ~~~~ OCCURRENCE .1,000,000 A X X COMMERCIAL GENERAL LIABILITY 35821151 01/01/05 01/01/06 PREMISES (Ea occurence) .1,000,000 J CLAIMS MADE ~ OCCUR , - -- l;D EXP (Any or_e person) '10,00C __ X Emp1 benefits PERSONAL & ADV INJURY . 2,000,000 r- I GENERAL AGGREGATE .2,000,000 r- GEN'l AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ incl n ,nPRO D Emp Ben. 1,000,000 POLICY JECT LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT r- .1,000,000 B ANY AUTO 74996569 01/01/05 01/01/06 (Eaaccident) r- All OWNED AUTOS BODilY INJURY - . SCHEDULED AUTOS (Per person) X HIRED AUTOS BODilY INJURY X (Per accident) . NON-OWNED AUTOS - PROPERTY DAMAGE . (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT . R ANY AUTO OTHER THAN EA ACC . AUTO ONLY: AGG . EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE . P OCCUR D CLAIMS MADE AGGREGATE . . R DEDUCTIBLE A r i)P~() \; 1:'\ " i\,.'. l;) '., . RETENTION . . . WORKERS COMPENSATION AND .---~-41L':d,,-c{ 1_-1ili~y''L'IMiTS I IVEF{ EMPLOYER(;' LIABILITY 7~-:i----- - ANY PROPRIETOR/PARTNER/EXECUTIVE r EL EACH ACCIDENT . LILri, \l :1 j E.L DISEASE - EA EMPLOYEE OFFICER/MEMBER EXCLUDED? . ffyes, describe under '.', hi " " . - SPECIAL PROVISIONS below E.L DISEASE - POLICY LIMIT . OTHER ! I DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES f EXCLUSIONS ADDEO BY ENDORSEMENT I SPECIAL PROVISIONS 10 day notice of cancellation will apply if cancelled for non-payment of premium. City, its officers, agents, volunteers, and employees are named as Additional Insured (s) per attached endt. CERTIFICATE HOLDER CANCELLATION City of Santa Ana; Francisco Gutierrez Fin & Mgmt Svcs Agcy 20 Civic Center Plaza M17 POBox 1988 Santa Ana CA 92701 SANTA-7 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AT RIZED~ '14 ACORD 25 (2001108) @ACORDCORPORATION 1988 Supplementary Payments (continued) Coverage Territory Who Is An Insured Sole Proprietorshl!lS LliJbility Insurance I-orm aO-02-20[)((Rev. " Of! General Liability b. release nuachments; but only ('or bond amounts within the avaiJablcLimit OrJnsurance. We do not have La fumish tbese bonds. c reasonable expenses incurred by the insured at ollr request La assist us in the invcstigatiollor defense of such claim or suit, including aClulI] loss of earnings up to $1000 a day be.cause of' time o[[from work D. costs taxed against the insured in the suit, except any: I. aUorney fees or litigation expenses; or 2. other Joss, cost or expense; in connection with any injunction or other equitable relief E. prejudgment interest awarded against the insured Oil that part ofa judgment we pay. If we make an offer to pay the applicable Limit or Insurance, we will not pay any prejudgment interesl based on that period of time ;:1l1enhc offer. r. inlereslon the full amount ofa judgment that accrues aftcr entry of the judgmenl and before we have paid, ()ff'en.~d to payor deposited in court the part orthc judgmentthut is within the applic:lble Limit or Insurance. Supplementary Payments docs not include any fine or other penalty. These payments will not reduce the Limits OfInsurancc. Our ob!igaliolllo make these payments ends when we have used up the' applicable LimIt Of Insurance. . "'~,,~::::~'" This insurance applies anywhere, provided the insurcd'sresponsibilityto pay damages, to which this insurance applies, is detennined in a suit on the merits brought in the United States of America (including its pnssessiollsand territories), Canada or Puerto Rico, or ill a setllemcllt to which we agree. Jfyou are an illdividual,you i:lIld YOllr :.;pousc are insureds; but you and your Spouse are insureds only with respect to the conduct ora busincssofwhicb you are the sole owner. rryou die: pcrsonsur organizations having proper temporary custody o/'your property are insureds; but they are insurcdsollly with respect to the maillten,Ulcc or use of such propcrty and oj}ly for acts until your legal repl'CSClltliLivchas been appointed: ilnd YOllr legal rcprescntativcsarc insureds; hUl they arc insureds only with respect to their dUlies ,IS your legal representatives. Such legal repres{~ntati ves wi 11 assume YOllr rights and duties under this insurance. Contract Page .5 oin Who Is An Insured (continued) Partnerships Or Joint Ventures Limited Liability Companies Other Organizations Employees !..WfJilily Insurance Form fJO 02-200trRev 4 0'1; If )lOll are tl partnership(including u limited liability partnership) or a joint venture, you are an , insured. YOlll'members, your partners and their spouses arc insureds; bUL they <Ire insureds only with respect to the conduct of your business. ffyat! are a limited liability company, YOll are an jnsurecL Your members and their spouses arc insureds; but they arc insureds only with respect t,o the conduct of your business. Your managers are insureds; bllt they arc insureds only with respect to their duties as your managers. tfyou are an organization (including a professional corporation) other than a pat1nctship,joint venture or limited liability company, you are an insured Your directors and oflicers arc insureds; but they arc insureds only with respect to their duties as your directors or officers. Your stockholden; and their spouses arc insureds; but they are insureds only with respect to their liability as your stockholders. Your employees arc insureds; but they are insureds only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However, no employee is an insured for: A. bodily injury, advertising injury or personal injury: I. La you, (0 allY of your directors, managers, members. officers or pal1ners (whether or not an employee) or to allY co-cmploycc while such injured person is either in the course of his or her employmenLor while performing duties related to the conduct of your business; 2. to the brother, child, parent, sister or spouse OfSllCh injured person as a consequence of allY injury described ill subparagraphA.I. above; Of 3. for which there is any obligation to share damages with or repay someone else who must pay damages because ofnny injury described in subparagraphs A. 1. or A.2. above. With respect to bodily injury only, this limitation does not apply Lo: YOll or to your directors. managers, members, officers, partners 01' supervisors as insurcd~ or your cmpJoyc.~s, as inslU'cds, with respect to such damages caused by cardio- pulmonary resuscilmioll or lirst aid services adminislered by such an l~mployec; or B. pruperty (Immlgc to any property owned, occupied or used by you or by any of your directors, munagers, members, officcrs or partners (whether or not an employee) or by any or your employees. This limitation does not apply to property damage to premises while renLed to you or temporarily occupied by you with permission orthc owner. COn/fact Page 6 of 32 Who Is An Insured (continued) Volunteers Real Estate Managers Permissive Users Of Mobile Equipment Vendors LinDilily Insurance Farm 80-02-200QRev .:+ 01) General Liability Persons who are volunteer workers for you are insurcd~ but they are insureds only for <lets within the scope of their activities for you and at your direction. Person.s (other than your employees) or organizations acting ns your real estate managers are insureds; but they are insureds only with respect to their duties as your real estate managers. With respect to mobile cquipmclltregistered in your name uncler a mOlorvchicle registration law: A. persons driving such equipmem on a public road with your permission are insureds; and B. persons or organizations responsible for the conduct or such persons described ill subparagraph A. above arc insureds; but they Bre insureds only with respect to the operation or the equipmcl1l and only ifno other insurance of any kind is avnilabJe (0 them. l'Iowever, no person or organization is an insured with respect to: bodily injury to any Co-cmr}loyec of the person driving the equipment; or property damage to any property owned or occupied by or loancd or rented to YOll, or in your chargc or the charge oflhe_empJoyer of any person who is an insured under this provision. Persons or organizations who are vendors of your products are insureds; but they are insureds only with respect to tbejf liability for damages fOf bodHy injury or I>Toperty damngc resulting from the distribution or sale of your products in the regular Course 0 f lheir ousiness and Dilly if this insurance applies to the products-eomplctcdJpcrations hazard. However, no such persall or organizalion is an insured with respect to any: assumption ofliability by them in n contract or agreement. This limitation does not apply to the liability for damages for bodily injury or property damage that slIch vendor would have in the absence of such contract or agreement: represcntmiol1or wamlllly unauthorized by you; physicul or chemical change in your products made intentionally by the vendor; repackaging, unless unpacked solely for the purpose of inspection, demonstration or testing, or the substitution ofparls under instruction from the manu faclurerand then repacked in the original container; f~lilure to make such inspections, adjuslincllls, tcsts or servicing as the vendor bas agreed to make or normally undertakes to make in the usual course or business in connection with tbe distribution or sale of your pruducts; denlOllstrmion, installation, servicing or repuir operations, exccpl such operations perf<mned at the vcndor'sprcl11ises in connection with the sale of your products; or o[yollr products which, "ner distribution or sale by you, have been labeled or relabeled or used as a cOllwiner, ingrcclientor part of uny (lther thing or substance hy or for the vendor. Contract Page 7 of 32 Who Is An Insured Vendors (continued) Lessors Of fquipment Lessors Of Premises Subsidiary Or Newly AcquiredOr Formed Organizations LimitationsOn Who Is An Insured UafJIHty Insurance Form 80 02-200QRev. 4 01) Further, no person or organization from whom YOll have acquired your products, or any container, ingredient or part enlering into, accompanying or cOIllaining your products, is an insured under , Ihis provision. Persons or organizations frolll whom you lease equipmenl are insureds; but they are insureds only with respect to the maintenance or use by you of such equipment and only if you are cOlltractually obligated to provide them with sLlch insurance as is afforded by this Contract. However, no slIch person or organization is an insured with respect to any: damages arising out urlheir sole negligence; or OCcurrence lhat occurs, or offense thal is conmlil1ed, after the equipment lease ends. Persons or organizmions from whom youlcase premises are insureds; but they are jnsureds only with respect to the ownership, maintenance or use of that pmticulnr parI of stich premises leased to you and only if you arc contructuullyobligared to provide them with slIch insurance as is afforded by this contracl. However, no such person or organization is au insured with respec! to any; damages arising out of their sole negligence; occurrence that occurs. or offense that is committed, after you cease to be tl tellal1\ ill the premises; or structural alteration, new constmction or demolition operations per fanned by or on bebal r o( them. It'therc is no other insurance available, !he following organizations will qualify as named insureds: a subsidiary organization of the I-irst named insured shown in the Declaralions or which, nL the beginning oCthe policy period and at the time of!oss, such first flamed insured con!rols, either directly or indirectly, more than filty (50) percent ot'tlle intercSlsenlitled to VOle genera II y in the ejection ot' the governing body of such organization; or a subsidiary organization of tbe first named insured shown in the Dcclarmions thut such firsL named insured acquires or famls during the policy period, ifat the time of loss such first named insured controls, either directly or indirectly, more than fifty (50) percent of the interests entitled La vole gent::rally in the eleclion of !he goveming body of sucb organization. A. Except [0 lhe exlenl provided under the Subsidiary Or Newly Acquired Or Formed OrganizntiollS provision above, 110 perSall or orgnnizatioll is all insured with respect lo the conduct orallY person or organizatiolllhut is not sbown as a named insured in the Dccl,lra[ions. 13. No person or organization is an insured with respccllO lhe; 1. ownership, maintenance OJ' use of any assets; or 2. conduct of any perSall or organization whose assets, business or organization; Coo/rac/ Page (1 of 32 . . Who Is An Insured LimitationsOn Who is An insured . (continued) Limits Of Insurance GeneralAggregateLimit Products-Completed OperationsAggregate Limit Advertisinglnjury And Personallnjury Aggregate Limit Each Occurrence Limit LHlbiiily insurance Form 80-02 200qRev 4 (1) General Liability you acquire, either directly or indirectly, for any: bodily injury or property damage that occurred; or advertising injury or personal injury arising out oran offense first committed; in whole or in p.1rt, before you, directly or indirectly, aquired such assets, business or organization. Tbe LimitsOfInsurallccshown in the Declaraliollsand theruJes below fix the most we will pay, regardless or the !lumber of insureds; claims made or suits brought; or persons or organizations making claims or bringing suits. The Limits or fnsllrancenpply sepanllely to each consecutiveannuul period and to any rcmaining period orlcss than twelve (12) months, starting with the beginning oCtile policy period shown in the Declllrations, unless the pol icy period is extended after issuance for an additionul period of less than twelve (12) months. In that case, the additional pedod will be deemed part of the last preceding period for purposes of dete1mining the Limits OfJnsurance. Subjecf to the Each Occurrence Limit, the General Aggregate Limit is the most we will pny (or the gum of: damages lor bodily inj lIry ilnd property damage. except d<lmages included in the pruducts-complctcwpenltions hazard; and medical expcnscs. Subject to the Eaeh Occun'ence Limit, the Products-Coll1pletccOperations Aggregate Limit is the mOSl we will pay Jor the sum or dal11<lges for bodilyinjury and property damage included in the prod ucts-cornplctc(ilpcnltions hazard. The Advertising Injury And PCl'sonallnjury Aggregate Limit is the most we will pay for the sum of damages for ;l(lvcrtishlginjul'Y and personal injury. The Each Occurrence Lil111llS the most we Will pay for lhe Slim of: damages for bodily injUl'Y and property d.mwgc; and medic:11 cxpcllse~ arising out of allY one occurrence. AllY amount paid for damages or medical expcnses will reduce tbe <lmOUIH of the applicable aggregate limit available.: for any other puyment. Cun/raet Page 9 oi 32 . . MARSH . . . . CERTIFICATED.FINSURANCE CERTIFICATE NUMBER SEA-000872126-02 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS MARSH RISK & INSURANCE SERVICES NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE P. O. BOX 193880 POLlCY. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE SAN FRANCISCO, CA 94119-3880 AFFORDED BY THE POUCIES DESCRIBED HEREIN. CALIFORNIA LICENSE NO. 0437153 COMPANIES AFFORDING COVERAGE L- --...- Attn: Audrey Segaud (415)743-8632 COMPANY 9025 -BOND-MM- A FEDERAL INSURANCE CO . -- _. INSURED COMPANY BOND LOGISTIX, LLC B FUND SERVICES ADVISORS, INC. .- 777 SOUTH FIGUEROA STREET - SUITE 3200 COMPANY LOS ANGELES, CA 90017 C .. t.l-1Jb';> COMPANY -lIto S D COVERAGES ThiscertiflCate.supersedesandreplacesanypreviouslyissuedcertificme for the :policy-periodnoted below. 1 THIS IS TO CERTIFY THAT POLICIES OF INSURANCE DESCRIBED HEREIN HAVE BEEN ISSUED TO THE INSURED NAMED HEREIN FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THE CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, CONDITIONS AND EXCLUSIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS -- ",_.. ----- CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR DATE (MM/DDfYYJ DATE (MM/DOIVY) GENERAL LIABILITY GENERAL AGGREGATE i $ ----- COMMERCIAL GENERAL LIABILITY i PRODUCTS - COMP/OP AGG $ ~ CLAIMS MADE n OCCUR' PERSONAL & ADV INJURY $ - -.-.- _. OINNER'S & CONTRACTOR'S PROT EACH OCCUR~~~CE $ FIRE DAMAGE (Anyone fire) $ ----- , ~E~-~XP (Anv one nersoll\ ! $ AUTOMOBilE LIABILITY $ I-- COMBINED SINGLE LIMIT in ANY AUTO i , ---- I-- ALL OWNED AUTOS ,j \i~J AS "0 FORM I BODILY INJURY $ ~ ~ (Per person) - SCHEDULED AUTOS , HIRED AUTOS -1d.. ot.J , BODILY INJURY _n (Peraccidellt) $ ~ NON-OWNED AUTOS "..----'". .__n.~~,: .;, .ct S ;o,~t~ PROPERTY DAMAGE $ - \....:][v All niC" , "_".,1> GARAGE liABILITY _~UTO O.~!- Y - EA ACCIDENT $ , , .... H :YAUTO OTHER THAN AUTO ONLY' -,-._>- I EACH ACCIDENT' $ -~GGREGATE I $ EXCESS LIABILITY ~~CURRENCE $ -~ ~ UMBRELLA FORM AGGREGATE $ --- , OTHER THAN UMBRELLA FORM $ A WORKERS COMPENSATION AND 7163-12-66 10/01/05 10/01/06 X T~lIfrrl~S I i OJ!' EMPLOYERS' liABILITY ER EL EACH ACCIDENT $ 1,000,000 - .,---~-- THE PROPRIETOR! L___,INCL ! I EL DISEASE-POUCY LIMIT $ 1,000,000 PARTNERS~XECUTIVE OFFICERS ARE: EXCL EL DISEASE-EACH EMPLOYEE $ 1,000,000 OTHER , I DESCRIPTION OF OPERATIONS/LOCATIONSIVEHICLESlSPECIAL ITEMS EVIDENCE OF INSURANCE ONLY CERTIFICATE HOLDER < CANCELLATION SHOULD ANY OF THE POLICIES DESCRIBED HEREIN BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE NSURER AFFORDING COVERAGE WLL ENDEAVOR TO MAIL ----3Q DAYS WRITTEN NOTICE TO THE CITY OF SANTA ANA CERTIFICATE HOLDER NAMED HEREIN, BUT fAIWRE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR ATTN: FRANCISCO GUTIERREZ FINANCE & MANAGEMENT SERVICES AGENCY LIABILITY OF ANY KIND UPON THE INSURER AFFORDNG COVERAGE, ITS AGENTS OR REPRESENTATIVES, OR THE 20 CIVIC CENTER PLAZA M17 ISSUER Of THIS CERTIfiCATE P.O. BOX 1988 MARSH USA INC, SANTA ANA, CA 92701 ~ ~L'-~ BY: Gene Williams MM1(oi.", - V AUD AS OF: 10/03/05 ..: .... .... ...... '. ::., :.:.::. '..:. :..' vV';r ( , ACORD. CERTIFICATE OF LIABILITY INSURANCE OP 10 A91 DATE (MMlDOIYYYY) ORRIC-J. 0J./05/06 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Jenkins Athens Ins Concord ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE License No. 0545478 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P. O. Box 5668 ALTER THE COVERAGE AFFORDED BY THE POUCIES BELOW. Concord CA 94524-2029 Phone: 925-798-3334 Fax:925-609-538J. INSURERS AFFORDING COVERAGE NAIC# INSURED ;\[ -0-005.- cJ.o5 INSURER A: Vigilant Insurance Company INSURER B: Federal Insurance Company Orrick Herrington & Sutcliffe LLP and BondLogistix LLC INSURER c: 2J.2J. Main St INSURER D: Wheeling WV 26003 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. I~~~ ~R TYPE OF INSURANCE POLICY NUMBER ~';!~1MMlDDlYY't DATE MMlb~~N LIMITS ~NERAL LIABILITY EACH OCCURRENCE 'J., 000, 000 A X ~ ~MMERCIAL GENERAL LIABILITY 3582U5J. 0J./0J./06 0J./0J./07 PREMISES (Ea occurence) $,~, 000, 000 ~j CLAIMS MADE [!J OCCUR MED EXP (Anyone person) 'J.O,OOO c- PERSONAL & ADV INJURY '2,000,000 ~ Empl benefits GENERAL AGGREGATE '2,000,000 h'L AGG~EnE LIMIT APPlS PER: PRODUCTS. COMP/OP AGG $ included PRO- POLICY JECT LOC ~TOMOBILE LIABILITY COMBINED SINGLE LIMIT , J.OOOOOO B ANY AUTO 74996569 0J./0J./06 0J./0J./07 (Eaaccident) c- C- ALL OWNED AUTOS BODILY INJURY , SCHEDULED AUTOS (Per person) c- - ~ HIRED AUTOS BODILY INJURY , ~ NON.OWNED AUTOS (Peraccidenl) f---- PROPERTY DAMAGE , (Per accident) RGE LIABILITY AUTO ONLY - EA ACCIDENT , ANY AUTO OTHER THAN EA ACC , AUTO ONLY; AGG , OESSIUMBRELLA LIABILITY EACH OCCURRENCE , OCCUR D CLAIMS MADE AGGREGATE , ///?u , R DEDUCTIBLE ~/\JL-- _G'-;, , RETENTION , , WORKERS COMPENSATION AND I ~_hB'~~::;~~\~~ L_I~~E~ EMPLOYERS' LIABILITY -~-- ---- --- ANY PROPRIETOR/PARTNER/EXECUTIVE , E.L. EACH ACCIDENT , OFFICER/MEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE , If yes, describe under SPECIAL PROVISIONS below E.L DISEASE - POLICY LIMIT , OTHER DESCRIPTION OF OPERATIONS I LOCATIONS' VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT' SPECIAL PROVISIONS J.O day notice of cancellation will appJ.y if cancelled for non-payment of premium. City, its officers, agents, volunteers, and employees are named as Additional Insured (s) per attached endt. CERTIFICATE HOLDER CANCELLATION SANTA-7 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Santa Ana; Francisco DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN Gutierrez Fin & Mgmt Svcs Agcy NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL 20 Civic Center Plaza M17 P 0 Box J.988 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR Santa Ana CA 9270J. REPRESENTATIVES. A(TrRlZEDR~ ACORD 25 (2001/08) @ACORDCORPORATION 1988 J_ Supplementary Payments (continued) General Liability b, release attacbments; but only ['or hond amOllllt:-; within the avaiJa.~lc Limit Of Insurance. We do not hnve to fLlrni~h these bonds. c. reasonable expenses incurred by (he insured at our request La assist Wi illlhe investigation 01' defense of snch clnim or suit, including lICltja] loss or earnings tip to $1000 n dllY because or time off from work. costs taxed against the insured in [he .mit, except any: 1. attorney fees or litigation expenses; or 2. other loss, cost or expense; in cOllnection with any injunction or other equitable relic!: E. prejudgment interestawnrded against the insured all that part ofa judgment we. pay. If we make all offer to pay the applicllblcLirnit OfInsurnnce. we wiJ1nat puy any prejudgmel1t interest based on that pel'iml of' time afterthe offer. D. F, intereSLoll the fuJl amount of II judgment that accrues after entry oCthe judgmenl ancJbefore we have paid, offered Lo pay or'd.eposited in court the part of thejudgmenl that is within the applicable Limit Of Insurance. Supplementary Payments does not include any fine or other penalty. These payments w.iIl nor reduce the LimilSOflnsurance. OUt' obligation to make these payments ends when we have wied up the' applicable Limit Of Insurance. " .', ~ - ',.'-:.. ~;. 3:~....;-:-<i:2::i:.",:~'::'::';;~:l:.::;:.,;v'.'(.';::;;~:Y:~.:~.::':,~;~-';-Ztt'"""""1(;,.;~;-.i:;.t.i;.;",,'v.~.(:,';,,,;.:~;'.':~::::.;:::',,!_;"~:.:t,;~-j;'~;;:-;~;}~:;~:;:~,::'."1.%'P..'i;;,'Gi{;:.;:u-_::~~;~~~:.;i:: :;~':~_i'.L~:n,:,".-::":-:..; Coverage Territory This insurance applies 1.111ywhere, provided the iusul'ud'sresponsibilityto pny damages. to which this !n~uranceilpplies, is detennined in a suit on the merits brought in ihe United Stotes of America (including its posscssionsand Len'jtories)l Canada or Puerto Rico, or in n settlement to which we agree. ... ...:....:::':',... Who Is An Insured Sole Proprietorships LliJbili/y Insurallce r'orm tlO-02-20U((Rev. 4-(H) '.. -~-.' .: . ~.'. : ':_''-',~ ..-:.,,'-;; :-- ~~:._~~:~. 7,:"(,).., '_,-.':, . '.'-..'-"" ;. -,: ~\ :_~.: . ::'~T::.'f.! ::::,:",,:\~.~; x'..."';'".'....,., '..~t ,..... If you are an individual, yotl ami YOllr spouse are insureds; but you and your spouse are instlruds only with respect t{) the conduct orn bllsille~m()fwbicb you arc Ihe sole owner. lryou die: pel':Wns or organizations having proper lemporary custody of your properly are insureds; hUl they are immrcdsonly with resp~clto the mainlenullce or use of slIch property and Ollly for acts llllLilyour legal represclllalivehns been appointed: tlnd your legal rcpresenlallvc:;an~ in:'illreds; lHlt they .Ire insureds only wilh res peel 10 their duties as your legal reprcsematives. Sltl.:h leg,ll repres(~nlati veswilJ ass lime your righLs and dllties under Ihis insurum:c. COn/racE Pege-.5 f)i.J2 Who Is An Insured (continued) Partnersl1ipsOr Joint Ventures Limited Liability Companies Otl1erOrganizations Employees Lm/Jilily Insurance 'Form 80-02-2UO{rRev. .:i-O'f) If YOll are a partnership(illcluding u limited liability partnership) or a joinl venture, you arc an , insured, Your members, you!' partners Ilnd their sl'ouse,<;urc i1uml'cd~ but they ;II'C jnsurcrls only witb respect to the conducl of your business. Ifyot! are a limited liability company, you are an insul"e{L Your mernben; and their spoLlses arc insureds; but lhey are in.'illl"cds only with respect t.o the conduct ofyollr business. Your managers are insul"cds; bUllhey arc insureds only with resp~cl to their duties us your managers. If you arc. all organization (including <l professionalcorporalion) other than II pnrtncl'Ship,joint venture Of limiLed liability company I youure an insurc(l Y ollr di rectors und ofliccrs arc insureds; but they ~Irt: iusurcdsollly with respect 10 their chHjeS!IS your direCLol'SOr ofi1ccrs. YOUI' slockholdersalld their spouses arc insurcd~ but they nre insureds only with respect to their liability as your stockholders. Your employees are insureds; but they ,u'e insureds only f'or acts withilllhe scope .of their emploYlTlcnt by you or white performing duties related to the conduct of your business. However, no empluJ'oe.is ~ulinsuredfor: A, bodily injurYl advcrtisillginjury or p~I'sonaI injury: 1. to you, to any of your directors, managers, li.lembers, ufficers or partners (whether l)r not all employee) or to mlY co-empLoycc wliile such injured person is either in the cOlirse of his elr heremploymentor while perf'orming duties related lo the conduct of your businessi 2. 10 the brother, child, parent, sister or spouse of such injured person liS ;l consequence oLany injury described in subparagraph A. t. above; or 3. ['or which there is any obligation 10 share damages with orrep<.1)' someoncelse who must pay dmnuges becnuse of llUY injury described in subparagraphs A.I. or A..2. . llbove. With rcspcctto bodily injury only, {tJifj limitmioll docs not llpply to: YOlJ or to YOUI' directors, managers, members, oft1ce.rs, partners or supervisors as insureds; or your cmploye.us. .IS insureds, with respect to such damages caused by cardio- pulmonaryrcfiusciunionor lirsl aid :-:ervices adlllil1isten~d by such nn l:mploycc; or B. property dmnagc to allY properly ownt:d, occupied or used by YOll or by }IllY of your dirl:lctors,lrl..l1lag~rs. members, o[ficcn orpanncrs (wllctheror 1101 ,HI cmrJJoYGt'l Dr by ilny of your employees. This limilaliDlldoes not apply to prop~rty damage to premises wllile rented to YOlI or tcmporJrilyoccupied by you wHh permission or Ihe owner. COn/me( Page 6 0'- 32 Who Is An Insured (continued) Volunteers Real Estate Managers Permissive Users Of MobiJe Equipment Vendors Li<lbilily Insurance Farm UO-02-200Q"Rav. 4 01) General Liability Persons who arc volunteer workers for you rlre insureds; but they are illsurudsonly for act~ within the scope of their Hctivities for YOll and at YOllr direction. Pel'SOllfi (other than you!' employees) 01' organizalionsucting n!i your real cslntc managers are insureds; but they are insureds onlY with respect to their duties as YOllr real CSlntc manager!i. With respect to mobile eqllipmcntregistered in your name under fl 111.0101" vehicle registration law: i\. persons driving slIch cquipmelltoll it public rond with YOllrpermissional'e insureds; and B. persons or orgunizations responsible fol' the conduct of such persons described in subparagraph A. above arc insureds; but they [Ire insureds only with respect to the operation orthe equipment and only ifno olher insurance of any kind is nvailable to them. H,owever, no person or organization is all insure.d wilh respect (0: bodily injury to any co-employee of the person driving the equipment; or p-roperty dalnagc to any' property owned or occupieduy or lm1l1ed or renlCd Lo YOl1~ Ol' in your charge or tbe charge ofthe.employe~oral1y-pet'son wbo is an insured under this provision. Per.sons or organizations who are vendors OfYOllf products are insu.re.ds; but they are insureds only with respect to their liability fbr dumages far bodily injury or property damnge resulting from the dislriblltion or sale of your products in the regular course 0 f their business and only if lhi5 insurance applies Lo the prfJducts-complctcdJperntioIls ha:.::unl. . However, no sucb persoll or ()rganizatioll is an insured with respect to any: a~sulTIption of liability hy them in u contract or agreement. This limitation does 110t npply to the liability for damages f'Or bodily illjur;y or prope.rty damnge that such vendor would have in the absence of slIch contract or agreement; representalion or wU[nmly lUlullthorized by you; physical or chemical change in your products illUde intentionally by the vendor; rcpnckaging, unless lInpacl.<.cd solely for the purpose of'inspcction, demonstration or lesting, or the slIbSlilutionofparls llntler inslruction from the mallul~lctU['erand then repacked in the original container; Failure 10 makc slIch inspeclions, adjustments, tcsts or servicing as the vcndl1rhus agreed Lo makc or norrnnlly undertakes to muke illlhe usuul course orbusim~ss in connection wilh the distribution or sale of your products; dClllOllstrattOll, inslall<llion, sl;rvicing or n:pair operaliolls, excepl such operations per[{lrlllcd al the vClldor'sprclllises in cOllnection with the sale oryour pl'oducts; or or your products which, after dislribution or sale by you, Iwve been labeled or relabeled or ll.sed as a container, ingredient or part of any oLher thing or subsmllcc by or for the vcndor. Contrilct Page; 7 of 32 Who Is An Insured Vendors (continued) Lessors Of f'quipment Lessors Of Premises SubsidiaryOr Newly AcquiredOr Formed Organizations LimilationsOn Who Is An Insured LialJililY In:;ur<lrl(;e Form BO-02-200a:Rev. q-01} Further, no perSOll or organization from wholl1 YOll have acquired your products, or any cOl1winer, ingredient or part entering into, accompanying or contuiningyour products., is nn inmu'ed Linder , this provision. Persons or Ol'ganizations from whom you lease equipment arc insureds; but they are insurcclsoll/Y with respect to the maintenance aruse by you ofslIch equipment and only if YOll are contractually obligmcd \0 provide them witb slIch insurance as is afforded by lhis conlracl. However, no such person or organiznlinrJ is an insured with respect to any: damages arising out oflheir sole negligence; or occUI'I'cncc that occurs, or olTense that is conuniucd, after the equipmcnt lease ends, Persons or organizations from whom you Jense premiRes are insureds:; hut the)' me insureds only with respect to the ownership, maintenance or use of that pUlticulnrpart of slIch premises leased to YOll and only if you are contructunllyobligatecllo provide them with slIch insurance as is afl-orded by this contract. However, no such person or organizalion is an insured with respect to any: damages arising out oFtheir sole neglibrence; occ.urrence that occurs. 01' offense that is-committed, after you cease to be il tennnL inlhe premises; or stl'ucltl"ral t~lteration,ne~v construction or demolition operations perf01l11ed by or on behaJr uf lhem. lrthere is no other insurancenvailable, the following organizations wiI( qualify us named insureds: a subsidiary organization of the -nrst named insured shown in the Decll.lrations of which, at the beginning of the policy -period and at the time of Joss, such f"irst named insured controls, either directly or indirectly, more than fifty (50) percent of the interests enlitled to vOle generally in the election of the governing body of sllch orgal1iZl\tion; 01' a sllbsidiaryorganizatioll of the first named insured shown in the Declarations that such Iil'~a named insured acquires or fom1s during the policy period, if althe lime of loss such firsl nurned insured controls, either directly or indirectly,lIlore than /"iliy (50) percenloflhe imcrest:> entitled La vote generully in the eleclion of the goveming body of such organiziltion. It. E:'\cepllO the extenl provided under the Subsidinry Or Newly Acquired Or FOrlnr;d Organizn\ions provisionabovc,110 person 01' organizaLion is [Ill insured with respecL to Lhe (:ollclllC\ OrallY person or organizaLion thaL is not shown as a named insured in 'lhe Decluraliolls, B. No person or organization is un iIlsured wiLh respecllO the: I. ownersllip, mainlenanceor Wie of an)' assets; or 2. conductor any pers!)!) or organization whose assels, business or organization; COIl/ract Page lJ of 32 Who Is An Insured Limitaliol1s0n Who Is An Insured ' (continued) General Liability you acquire) either din::ctly or indirectly, for an'y: bodily injury or property dalllJlgc [hat occurred; or udvc/'tisinginjury or personal injury nrisingoul of an alTense l1rsl committed; in whole or in part, before you, directly or indirectly, ,Iquired such assets) business or organization. .. . :;:. ," :))'. ;,~;':~r,.~~' . . '::~J;..' ~;<; '.', :'..:;:';j'-:'~;:-: .' ;";;':~I";'}r;l!(r;:'{jtt~~r('t;\l.:,':!j:'"!\:li),\J:it~!P..',:~';);~;. ':!~r:'~;;: ;'i':.:,.;:~;',ZlE;:rl~j,"~::;.t;:;!~.'.H.:tl!.t,>:,D::f.1f~1~':?~'r:;~f..!!~;'~'.j~?Y!l;ai.~'.jf!;:,~;;:r)\;:",;"t,~~~~'.;:~'.-:: ,ii::.~:';: Limits Of insurance The LimitsOflnsuranccshown ill the Dcclaralions<lncl the HIles below Hx the mo!>t we will pay, regardless o!"thc !lumber or: GeneralAggregateLimit Products-Completed Operatiol7sAggregate Limit Advertisinglnjury And Personallnjury Aggregate Limit . Each Occurrence Limit Uabiiily Insumncu insured!>; claims maclc or suits brought; or persons or organizations making claim!; or bringing suits. The Limits or fnslIrancenpply sepal1ltely to each consecutive annual period and to any remaining period of less than twelve (12) months, starling with the beginning of the policy period shown in the Declnrmions; unlesslhe policy period is extended after issuance for an additiumll peliod of less than twelve (12) mcinths. In that cnsel.tbe additional period_wi!( b~ deemed part of the last preceding period for purposes of detelmining [he Limits O[lnsurance. Subject to the Each Occurrence Limit, the Geneml Aggregate Limit is the most we win puy for the sum of: . damages for bodily injury and property damage, except damages included in the products-complctecbperutions hazard; and rnt~dica' expenses. Subject to the Each Occurrence~ Limit, the Products-ComplclccDperatiolls Aggregate Limit is the 1110st \-ve will pny l'or the sum of damages for bociily,injury and pr()p(,~rty danmgc. induded in the. procJucts-complctctbpcrations hnzal"d. The Advertising Injury And Personal Injury Aggregale Limit is the most we will pay for the sum of dumages ror lldvertisinginj !try and pcr~itln~_1 illj ury. The Each Occurrence Limit is the 1110St we will pay I'or the sum of: uamugcs for bodily injury and property dnmagc; lInd medical cxpellsc~ urising olll OrallY one uccurrence, Any ;unuunl paiel for damages or lIH.:dicnl cxpcllsl:swill reduce the <lmounlllFthc Hpplicable aggregaLe limil available far any other p<l'ylllcnl. P;Jge 9 of 32 ,r.:orm 80-02-200((Rov. 4-01} COlllrac{ ~. ACORD,. aijr""~'1i TILE POLICIES orU-;:SURANCE LISTED BEWW HAVE BEEN ISSUED TO lHE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANlJl"G ANY REQUIREME'lT, TERM OR CONDITION OF ANY CO:'\lTRACT OR OTHER OOC1JMEtH W1TH RESPECT TO willen TillS CERTIFICATE MAY HE ISSUED OR MAY PERTAlN. THE INSUKANCb AFFORDED BY TIlE POLICIES DESCRIBED HEREIN IS SUBJECT TO All TIlE TERMS. EXCLUSIONS Ar\D CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEK REDLlCED BY PAID CLAIMS IJ';SR '.TR !'MOULTER Aon Risk services, Inc. of Northern California 199 Fremont Strept Suite 1400 San Francisco CA 94105 USA P110:\"E- 415 486-7000 FAX-(415 486 7029 INSURED orrick Herr-ington & Sutcliffe LLP and BondLogistix LlC 777 South Figueroa Street, Suite 3200 Los Angeles CA 90017 USA A1.2-6c5~N,5 jI/-1Ctl(".-I'I:>--t'1 ;J- ?oC't.-r ,/S- TYPE Of INSURANCE POLICY NUMBER A 3582115t'LI::. Package Policy GEl'ERAL Ll,\HlLITY X COMMERC]AL GENERAL LlADlLlTY CLAlMS.\1ALJb0 OCCUR X wdi\ter of Subrogation GIi:>!'LAGGREGATE UMTT ,WP1JES PER O PRO_ 0 POLlCY lEeT LOC B 74996769 Automobile policy AUTOMOIIILE LIABILITY ANY AUTO ALL OWNED At:TOS SCHIiVLLED AUTOS X HTRED AL'T(),~ X NON OWNED AUTOS GARAGE LIABILITY B DEllUCTlBLE RETE)'..jIOK ANYII!.:TO EXCE"S UARILITY OCCUR 0 CLAIMS MAllb umbrellol policy WORKERS COMPF.NSATlON AND FJ'>II'LOYERS'LlABILlTY ()TIIF.R TIllS CERTIFICATE IS ISSUED AS A MA ITER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON TIlE CERTIFICATE HOLDER, mIS CERTIFICATE DOES NOT AMEND, EXTEND OR AlTER TilE COVERAliE A,FFORDED BY THY. POLICIES BELOW, INSU KERS AFFORDING COVERAGE ]NSURER A vigilant Ins Co Federal Insurance Company ]NSURERB INSURER C " . !S ~ c . :s " . '0 "0 == I.'ISt:RERD, INSURERE POLl!,;" En'OCTlVIi: POLICY RXPIRATION DATE(MM\DDlYY) DATE(:\-[\I\DDlYY) LIMITS '" o o o ., ~ o N o o ~ ~ 01;01j07 01/01/0B $I, OUO, 000 $1,000,000 $10,000 $1,000,000 $2,000,000 EACH OlrURRENCE RRE DAMAGElAny nne Ii",) MED EXP r An,. LlI1~ r>er5<m) PbRSUNAL& ADV L\lJl'RY GFNERAL AGGREGATE PRODUCTS - COMP/or ,\GO o Z . .. u ~ " . " 01/01/07 01/0l/0B COMBINED SI:->GLE L1).llT (Eaacciuenl) $1,000,000 BODlLY1NJURV Irap''''''".1 BODlLY1NJURY (P~r ,,"cidem) PROI'ERTYD,"JI.1AGE (P<or"".iJ~nl) AUTO ONLY. EA ACCIDENT Ol1UiR THAN ,1,1:1'0 ONLY EAACC AGO 01101/07 EACH OCCURRbNCli $Z5,000,OOO $25,000,000 AGGREGATE - ~ ~ 'it;; ,.. ~ ~ !M ~ ~ ~ !:':;:; -=:.; ...- ~ - E,1.. DISEASE-POlley LlM]T / ./:' ~', ,~" 'i ,( E.L DL~E^"E.RA EMPLOYEE , , / DESCRIPTION OF OPERATIONSILOCATIONSNEHJCLESIEXCl.l'SJU;\IS ADDED BY ENDORSF.:v1ENTISPEC]AL PROVISIONS The City, its officers, agents, volunteers and employees are named as Additional Insureds per the attached endorsement. City of Santa Ana Attn: Francisco Gutierrrcz Finance and Management Servlces Agency 20 Civic center Plaza M17 P.O, Box 1988 Santa Ana CA 92701 USA SHOL'LD ANY UI' THIi AHOVE DESCRlBEll rol.TnF.~ fiE CA~CELLED BEFORE T1 IE eXPIRATION DATE THEREOr. THE ISSL'lNG CQMPA)',')' W1LL EC'lDb\\'OR TO MAIL 3D DA YS WR]1TE~ KOTlCE TO THE CERT1F1CATb HULDER ~AMED TO THE I,EFT. BUT FAILURE TO DO SO SHALL I.VlPOSE 1\'0 08] ]GATION OR LIABILITY OF ANY KIND UPON THECO\1PANY, ITS AGENTS QRR!i]'RESENTAT1VES AUTI]UR1LHJ REPRESENTA11VE ../.!?-;;;..-z.-?_ ~;;~ J.--- L (' t; 12/29/06 FRI 10:52 FAX 212 612 4522 CHUBB & SON laJoo, liability Insurance Endorsement Policy Pftfiod JANUARY 1, 2.007 'IO JANUARY 1, 200S Effective Dare JANUARY 1 t 2007 Polfcy Number 3582-11-51 msu~d ORRICK, HERRtNGTON ~ sUte~!FPE, LLP ~OND LOGISTIX,LLC Name of Company VIGILANT INSURANCE COMPANY Date Issued DBCEMBER 29JH2006 This EnclorSCl1Itllltapplies to th~ followinll; fonns: ",..' ",:"":,',,," .,,'"'' i_.,. Who Is An Insurod Ownef'S,LesseesOr Contrllctors LtBl)jutyJnstN'lmr:/l' FoTmB!)--tl2,'230!'fRell...-01) 'v' ..;c ,'" ,.: : ,~ "" ' ."'",:,,. Under Who Is All Insured, the following provlgion j!; added: AllY person Of Ol'ganiZlllioll designlltedbelow is an ins\lred; but they an:: iusureds only with respect to their liability as owner, lessee or contractor arising outofyo\lr ongoing operatiOlls perfonned for thatllllured. ANY PERSON OR ORGANIZATION AS REQUIRED BY WRITTEN CONTRACT. \..;~ ? Ie. ~' '- Addition'" Insured' Ownq/'S. LKnI"~ Or Cl;lntrar:lorll Enriof3Ir'fllrrl C:OIItfnulld -,