HomeMy WebLinkAboutDAVID TAUSSIG & ASSOCIATES, INC
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AGREEMENT TERMINATION
Please complete this form when the attached agreement is no lon_nlUW~ ... 9:'"
Retum form to the Sr. Deputy Clerk ofthe Council (M-30). Calct'iY-:Q!l83f\jpT\lt1'JI(MJlPY
questions. CLERK OF COUNCil
The agreement with J)QV~o-L -'-a..t~..o-Q.,,<(s ~ Asso,,-. , No. A-d.OO5- ~
was completed on ~NqA.eV....:::l1 -?a:7t;, ~ and final payment has been made.
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Revised 8-7-03
City of Santa Ana
Clerk of the Council
If~SUHMiGE . I
WORK MAY NQT PiWCl:ED
CLERK OF COUNCil
DATE SEP 2 9 2005
A-2005-225
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CONSUL T ANT AGREEMENT
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THIS AGREEMENT, made and entered mto thIS I 1 day of 5t=tJt&l1l:M/, 2005 by
and between David Taussig 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 of the State of California (hereinafter "City").
RECITALS
A. The City desires to retain a consultant having special skill and knowledge in the field of
formation of Community Facilities Districts to provide tax consulting services.
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 Exhibit A to this Agreement.
2. COMPENSATION
a. City agrees to pay, and Consultant agrees to accept as total payment for its
professional services, the rates and charges identified in Exhibit B.
· Consultant shall charge clerical assistance at the rate of $35.00 per hour, including,
typing, collation, printing and copying, plus copier and photography costs, including
photographic reproduction of drawings and documents.
· City shall reimburse out-of-pocket expenses, plus a 15% administrative charge for
transportation costs, including mileage, courier services, facsimile and telephones
expenses.
b. Payment by City shall be made within thirty (30) days following receipt of proper
invoice evidencing work performed, subject to City accounting procedures. Payment need not
be made for work which fails to meet the standards of performance set forth in the Recitals
which may reasonably be expected by City.
3. TERM
This Agreement shall commence on the date first written above and terminate when the
services set forth in Exhibit A have been performed.
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. WORK PRODUCT
All computer software (including financial models, compilations of formulas and
spreadsheet models), inventions, designs, programs, improvements, processes and methods
(collectively, the "Proprietary Models") used or developed by Consultant in performing services is
proprietary and shall remain property owned solely by, or licensed by a third party to Consultant.
City acknowledges and agrees that this Agreement provides only a license to use the hard copy, or
electronically transmitted reports generated and that any Proprietary Models used to generate such
reports are owned by, or licensed to Consultant, and not provided to City.
City acknowledges that Consultant expends its own time and effort in collecting and
compiling data and information in connection with its consulting services, and further
acknowledges that such data may be used by Consultant for other purposes, provided however,
Consultant will not sell or distribute any City confidential information, as that term is defined in
Section 8, below.
6. 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. 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.
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b. Professional liability (errors and omissions) insurance, with a combined single limit of
not less than $1,000,000 per claim.
c. 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.
d. 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.
7. INDEMNIFICATION
Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents,
employees, consultants, special counsel, and representatives from liability 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
negligent 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. 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 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.
City will be furnishing to Consultant various data, reports, studies, computer printouts
and other information and representations as to the facts involved in the project, which
information Consultant will use and rely on in preparing reports, studies, computer printouts and
other work product. Consultant is not obligated to independently verify the accuracy of such
information furnished by City, nor shall Consultant be responsible for the impact or effect on its
work product, in the event that such information is inaccurate. City shall indemnify and hold
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harmless Consultant from liability for personal injury, damages, just compensation, restitution,
judicial or equitable relief arising out of Consultant's use of inaccurate information supplied by
City.
8. CONFIDENTIALITY
If Consultant receives from the City information which due to the nature of such
information is reasonably understood to be confidential and/or proprietary, Consultant agrees
that it shall not use or disclose such information except in the performance of this Agreement,
and further agrees to exercise the same degree of care it uses to protect its own information of
like importance, but in no event less than reasonable care. "Confidential Information" shall
include all nonpublic information. Confidential information includes not only written
information, but also information transferred orally, visually, electronically, or by other means.
Confidential information disclosed to either party by any subsidiary and/or agent of the other
party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure
shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is,
through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful
possession of the Consultant without an obligation of confidentiality; (d) is required to be
disclosed by operation oflaw; or (e) is independently developed by the Consultant without
reference to information disclosed by the City.
9. 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.
Both parties acknowledge that Consultant is not a "public official" nor "participating in a
governmental decision" as those terms are used in Section 87100 of the California Government
Code.
10. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this
Agreement shall be in writing and shall be deemed to be properly given if delivered in person or
mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other
telegraphic communication in the manner provided in this Section, to the following persons:
To City:
Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
telefacsimile (714) 647-6956
With courtesy copies to:
4
Deputy City Manager for Development Services
City of Santa Ana
20 Civic Center Plaza (M-31)
P.O. Box 1988
Santa Ana, California 92702
telefacsimile (714) 647-6954
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:
David Taussig & Associates, Inc.
130 I Dove Street, Suite 600
Newport Beach, California 92660
telefacsimile (949) 955-1590
A party may change its address by giving notice in writing to the other party. Thereafter,
communication shall be addressed and transmitted to the new address. If sent by mail,
communication shall be effective or deemed to have been given three (3) days after it has been
deposited in the United States mail, duly registered or certified, with postage prepaid, and
addressed as set forth above. If sent by telefacsimile, communication shall be effective or
deemed to have been given twenty-four (24) hours after the time set forth on the transmission
report issued by the transmitting facsimile machine, addressed as set forth above. For purposes
of calculating these time frames, weekends, federal, state, County or City holidays shall be
excluded.
11. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and
Consultant, and supersedes any and all other agreements, oral or written, between the parties. In
the event of a conflict between the terms of this Agreement and any attachments hereto, the
terms of this Agreement shall prevail. This Agreement may not be modified except by written
instrument signed by the City and by an authorized representative of Consultant. The parties
agree that any terms or conditions of any purchase order or other instrument that are inconsistent
with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant nor
the City. Each party to this Agreement acknowledges that no representations, inducements,
promises or agreements, orally or otherwise, have been made by any party, or anyone acting on
behalf of any party, which are not embodied herein.
12. 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.
13. TERMINATION
This Agreement may be terminated by the either party upon thirty (30) days written
notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay
Consultant compensation for all services performed by Consultant prior to receipt of such notice of
termination, subject to the following conditions:
a. As a condition of such payment, the Executive Director may require Consultant to deliver
to the City all work product completed as of such date, and in such case such work product shall be
the property of the City unless prohibited by law, and Consultant consents to the City's use thereof
for such purposes as the City deems appropriate.
b. Payment need not be made for work which fails to meet the standard of performance
specified in the Recitals of this Agreement.
14. 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.
15. JURISDICTION - VENUE
This Agreement has been executed and delivered in the State of California and the
validity, interpretation, performance, and enforcement of any of the clauses of this Agreement
shall be determined and governed by the laws of the State of California. Both parties further
agree that Orange County, California, shall be the venue for any action or proceeding that may
be brought or arise out of, in connection with or by reason of this Agreement.
16. PROFESSIONAL LICENSES
Consultant shall, throughout the term of this Agreement, maintain all necessary licenses,
permits, approvals, waivers, and exemptions necessary for the provision of the services
hereunder and required by the laws and regulations of the United States, the State of California,
the City of Santa Ana and all other governmental agencies. Consultant shall notify the City
immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals,
waivers, and exemptions. Said inability shall be cause for termination of this Agreement.
6
17. 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, ~
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." PATRICIA E. HEALY . \
Clerk of the Council .
CITY OF SANTA ANA
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DAVIDN. REAM
City Manager
APPROVED AS TO FORM:
JOSEPH W. FLETCHER
City Attorney
By: \". 'x
Lauril Sheedy
Assistant City Attorney
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CONSULTANT
DAVID TAUSSIG & ASS
DAVID TAUSS
President
Tax ID#
7
EXHIBIT A
SCOPE OF WORK
COMMUNITY FACILITIES DISTRICT
SPECIAL TAX CONSULTANT
MACARTHUR PLACE SOUTH PROJECT
David Taussig & Associates, Inc. ("DTA") shall provide special tax consulting services necessary to
assist City of Santa Ana (the "Client") in the formation ofa Community Facilities District ("CFD") to
fund public infrastructure for the MacArthur Place South Project (the "Project"). The CFD will
finance public improvements which will ultimately be owned and maintained by the Client and/or
other public agencies.
Task 1.
Preliminarv Tax Spread
Prepare initial spread of special taxes (the "Tax Spread") based on land use, building square footage,
and/or acreage. Calculate special taxes to support proposed financing. DTA may recommend
alternative techniques to apportion special taxes to enhance project feasibility.
Data necessary for Tax Spread shall be provided by Project Landowner and/or the Client with the
assistance of DTA. The Project Landowner and/or the Client are responsible for providing and
verifying data describing types of projected development, improved property values, development
absorption rates, net taxable acreage, estimated water usage, and the estimated cost of the public
improvements proposed to be financed. DT A shall rely on such data provided by the Client and
Project Landowner, and shall not be responsible for verifying its accuracy. The Client may hire an
appraiser or other outside consultants to verify this data.
Task lA
Tax Spreads for Additional Improvement Areas or Zones (OPTIONAL)
Should more than one Projec,tLandowner participate in the CFD, and should it be necessary to
establish separate Imprqvement Areas or Zones for any of these additional Project Landowners, DTA
shall prepare Tax Spreads and undertake the activities listed under Task I for each additional
Improvement Area or Zone. The Client and each additional Project Landowner shall have the same
responsibilities as listed under Task I.
Task 2.
Tax Spread Revisions
Based on input from Client and Project Landowner, prepare revisions to Tax Spread. DTA shall
prepare up to a total of fifteen Tax Spreads, utilizing various absorption, cost and bond assumptions.
Task 3.
Rate & Method of Apportionment and Public Report
Prepare the Rate and Method of Apportionment of Special Tax which describes the methodology
City of Santa Ana
Agreement for Consulting Services
PageA.1
July 1,2005
used to calculate the annual special tax levy for the CFD. Prepare the Public Report, containing
descriptions ofthe proposed public facilities, their estimated costs, projected bonded indebtedness,
the anticipated issuance date and proj ected annual special tax rates.
Task 4.
Document Review and Preparation
Assist Bond Counsel and Underwriter's Counsel with the preparation of required documents,
including the Resolution of Intention, Resolution of Formation, various tables in the Official
Statement and related items. Also provide necessary data and advice to Bond Counsel regarding the
implementation of the CFD, including policies which address changes in land uses which occur after
district formation, parity bonds tests, integration of reimbursement programs from the State or other
public districts or fee programs, and the formation of an advisory board to make decisions regarding
the issuance of parity bonds and/or the enrollment of special taxes.
Task 5.
Meetinl!s
DT A shall attend up to a total of five meetings. These meetings may be used to discuss or present
the Tax Spread, Rate and Method of Apportionment of Special Tax, Public Report, or other items
prepared by DT A. They may also be used for the protest hearing, or other public meetings. After a
total of five meetings attended by DT A have been completed, additional meetings will require fees
beyond the maximum established in the Fee Schedule lithe budgeted amount has been completely
expended based on hourly rates quoted herein.
Task 6.
Bond Sizinl!
Assist Underwriter in sizing of bond issue (e.g., use of increasing debt service, capitalized interest,
etc.) to establish an optimal schedule of bond sales to maximize funding capacity and generate the
greatest possible benefit to all interested parties, as well as to alleviate cash flow constraints.
Task 7.
Special Tax Consultant Certificate
DT A shall prepare and execute a Special Tax Consultant Certificate confirming the adequacy of
special taxes to meet debt service requirements for fust bond issue. If applicable, DT A shall require
an executed landowner information certificate from each Project Landowner confirming net taxable
acreage and other relevant data prior to executing the Special Tax Consultant Certificate.
Task 8.
Verbal Consultiul! Services
Provide verbal consulting services and advice to Client and Project Landowners regarding the
financing during the period in which Tasks I through 7 are being completed.
Task 9.
Additional Consultinl! Services
For additional fees, DTA shall complete other tasks related to financing and administration of the
CFD as agreed upon by DTA and the Client. Such tasks may include holding additional meetings
with various participants in the formation process, preparing additional computerized Tax Spreads, a
City of Santa Ana
Agreement for Consulting Services
Page A.2
July 1, 2005
detailed value-to-lien or overlapping debt analysis, annual special tax setting, and/or construction
management.
Task 10.
Preparation of Boundarv Map (OPTIONAL)
This task entails the preparation of the CFD boundary map pursuant to the requirements of the
Mello-Roos Act and the County Recorder's Office, assuming that computerized base maps are
provided by Project Landowner. Record map at the County Recorder's Office.
City of Santa Ana
Agreement for Consulting Services
Page A.3
July 1,2005
EXHIBIT B
FEE SCHEDULE
COMMUNITY FACILITIES DISTRICT
SPECIAL TAX CONSULTANT
MACARTHUR PLACE SOUTH PROJECT
Fees for First Bond Issue
Total compensation (excluding expenses) for completion of Tasks 1-9 in Exhibit A should a
Community Facilities District be formed and a first bond issue be sold shall be based on the size of
the bond issue, due to the increased liability risk associated with larger bond issues. DT A's proposed
budget for Optional Task 10 is $3,500. The total fee to be charged for Tasks 1-9 shall be based on
the following schedule:
First Bond Issue Size
Total Fee (excluding Out-of-pocket
Expenses)
Less than $2,000,000
$2,000,000 - $5,000,000
$5,000,001 - $10,000,000
$10,000,001+
$27,500
$27,500 + .003 of amount over $2,000,000
$36,500 + .002 of amount over $5,000,000
$46,500 + .0008 of amount over $10,000,000
Prior to the sale of a first bond issue, DT A shall be remunerated for services based on the hourly
rates shown in Table I below, with invoices being submitted to the Client on a monthly basis. Upon
the sale of a first bond issue, any remaining portion of the total fee shall be paid from the proceeds of
the issue. Should no bonds be sold, DT A shall only receive remuneration for hours worked and out-
of-pocket expenses.
Should more than one Project Landowner participate in the formation of the CFD, and should one or
more ofthese additional Project Landowners desire to be placed in a separate Improvement Area or
Zone from the first Project Landowner, additional time and materials may be charged, up to a
maximum of $6,000 per Improvement Area or Zone (Optional Task IA).
Table 1
Hourly Rates
President
Senior Vice President
Vice President
Manager
Senior Associate
Associate
Financial Analyst
Research Assistant
$225/Hour
$210/Hour
$210/Hour
$180/Hour
$160/Hour
$140/Hour
$120/Hour
$IOO/Hour
City of Santa Ana
Agreement for Consulting Services
Page B-1
July 1,2005
.
Consulting services related to the annual collection of special taxes, or the preparation of
certifications or tax spreads for later bond issues, shall be covered under a separate Agreement.
Any additional tasks assigned by Client if the total fee listed above has been exceeded shall be
charged at the hourly rates listed above. An excessive number of meetings (more than five) or tax
spread computer runs (more than fifteen) may also require additional fees if the total fee has been
exceeded. Such additional fees shall be added to the "Total Fee" amounts listed above.
The above hourly rates apply for a l2-month period from execution of an agreement and are subj ect
to a cost-of-living and/or other appropriate increase every 12 months thereafter. Consultant shall
review hourly rates annually and, if appropriate, adjust them to reflect increases in seniority,
experience, cost-of-living, and other relevant factors. Consultant shall notifY Client in advance of
any such increase.
In addition to fees for services, Client shall reimburse DT A for travel, photocopying, courier,
facsimile, clerical, telephone expenses, and administrative charges, not to exceed $2,000.
J:\PROPDSAL\MELLO\Santa Ana\MacArthur Place Agreement.doc
City of Santa Ana
Agreement for Consulting Services
Page B-2
July 1,2005
ACORD," CERTIFICATE OF LIABILITY INSURANCE 1 DATE (MMIODfYYVY}
10/19/05
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Dealey, Renton & Associates ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
P. O. Box 10550 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Santa Ana, CA 92711-0550
714427-6810 INSURERS AFFORDING COVERAGE NAIC#
INSURED INSURER A: United States Fidelity & Guaranty
David Taussig & Associates ,4-X:OS -'>>-5 INSURER B: American Automobile Ins. Co.
1301 Dove Street, #6001670 INSURER c: Evanston Insurance Co.
Newport Beach, CA 92660 INSURER D:
INSURER E:
Client#. 5341
DAVIDTAUS
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES, AGGREGATE LIMiTS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
LTR NSR TYPE OF INSURANCE POLICY NUMBER "t?.ki~~ri~68~E P%~fl,~~IX~N L.IMITS
A ~NERAL. LIABILITY BK01565403 12/08/04 12/08/05 EACH OCCURRENCE '1 000000
X COMMERCIAL GENERAL LIABILITY General Liab. DAMAGE TO RENTEDn"", '1 000000
I CLAIMS MADE [!J OCCUR excludes claims MED EXP (Anyone person) .10000
- arising out of PERSONAL & ADV INJURY .1 000000
- the performance GENERAL AGGREGATE .2 000 000
~'L AGG~EnE LIMIT APPlSIPER: of prOfessional PRODUCTS - COM PlOP AGG .2 000 000
POLICY j~gT LOC services.
A ~TOMOBILE LIABILITY BA01576048 12/08104 12/08105 COMBINED SINGLE LIMIT
1L ANY AUTO (Ellilcddent) '1,000,000
- ALL OWNED AUTOS BODlL Y INJURY
,
- SCHEDULED AUTOS (Per person)
.1L HIRED AUTOS BODILY INJURY
,
.1L NON-OWNED AUTOS (Per accident)
- PROPERTY DAMAGE .
(per accident)
~RAGE UABILITY AUTO ONLY - EA ACCIDENT .
ANY AUTO OTHER THAN EAACC .
AUTO ONLY AGG ,
A ~ESSIUMBRELLA LIABILITY 7BK0156403 12/08/04 12108/05 EACH OCCURRENCE .2 000 000
X OCCUR 0 CLAIMS MADE (Not included AGGREGATE .2 000 000
Professional .
=i DEDUCTIBLE Liability) .
RETENTION . ,
B WORKERS COMPENSATION AND WZP80933953 09/01105 09/01/06 X I -r"J2vS"!,~I~~ I 10!!;!-
EMPLOYERS' UABIUTY .1,000000
ANY PROPRIETOR/PARTNER/EXECUTIVE E,L. EACH ACCIDENT
OFFICER/MEMBER EXCLUDED? E,L, DISEASE - EA EMPLOYEE ,1,000,000
If yes, describe under ,1,000000
SPECIAL PROVISIONS below E.L, DISEASE. POLICY LIMIT
C OTHER Professional E0822435 11/01104 11/01105 $1,000,000 per claim
Liability $1,000,000 annl a99r.
Claims made $25,000 Deductible
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT} SPECIAL. PROVISIONS ';, r7~xjVeD AS TO II()ltM
*Except 10 days notice of cancellation for non-payment of premium.
Re: All Operations as pertains to named insured. ',/L). .l ~
City of Santa Ana, its officers, employees, consultants, special council 7dt~-l.r
and representatives are Additional Insured on General Liability coverage in ;' ,j U SL~l;Jy
(See Attached Descriptions) ,', ,...,'" . C;, y 1-\ tlil\":,..:\
CERTIFICATE HOLOER
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
City of Santa Ana DATE THEREOF, THE ISSUING INSURER WILL ENJt~IL ~ DAYS WRITTEN
Clerk of the City Council NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. BIJI)6NUdItU:JIJlU:8!lO(Xx
20 Civic Center Plaza(M-30) _Jlaao:.~_IOOlXJlIl:.DnC"'JlllR\W:lleOI)(~n:lXtUXSXXX
P.O. Box 1988 __~..x
Santa Ana, CA 92702-1988 ~U~~R~Z~D. ~EPRE~N~
x
ACORD 25(2001/08) 1 of 2
#S140945/M136911
TMN
@ ACORD CORPORATION 1988
DESCRIPTIONS (Continued from Page 1)
accordance with the policy terms, but only as respects to work being
performed by the insured.
Waiver of Subrogation included in General Liability and Work Compo
V, AS' '1'0 FOl~M
APPRO i:D -
AMS 25.3 (2001/08)
2 012
#S1409451M136911
Policy Number: BK01565403
ownersbLessees or Contractors (Form B)
ADDITI NAL INSURED
Change(s) Effective: 10/19/05
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT
CAREFULLY. This endorsement modifies insurance policy under the following:
LIABILITY COVERAGE PART:
Schedule
Name of Person Dr Organization:
City of Santa Ana
Clerk of the City Council
20 Civic Center Plaza(M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
SECTION II - WHO IS AN INSURED is amended to include as an insured the
person or organization shown in the Schedule, but only with respect to liability
arising out of "your work" for that insured by or for you.
City of Santa Ana, its officers, employees, consultants, special
council and representatives
WAIVER OF SUBROGATION:
IT IS UNDERSTOOD AND AGREED THAT THE COMPANY WAIVES THE RIGHT OF
SUBROGATION AGAINST THE ABOVE ADDITIONAL INSURED(S), BUT ONLY AS RESPECTS
THE JOB OR PREMISES DESCRIBED IN THE CERTIFICATE ATTACHED HERETO.
APPROVED AS TO FORM
CLlBF 22 40 03 95
~ytj
taura Stitt SI,ocJy
^~::iistailt City Altorney
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT
This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different
date is indicated below.
(The following "attaching clause" needs to be completed only when this endorsement is issued subsequent to preparation of the policy.)
This endorsement forms a part of Policy No. WZP80933953
Issued to: David Taussig & Associates
By: American Automobile Ins. Co.
Premium (if any) TBD
We have a right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our
right against the person or organization named in the Schedule. (This agreement applies only to the extent that you
perform work under a written contract that requires you to obtain this agreement from us).
You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work
described in the Schedule.
The additional premium for this endorsement shall be 2-5% of the California workers compensation premium otherwise
due on such remuneration.
Schedule
Person or Organization
Job Description
City of Santa Ana
Clerk of the City Council
20 Civic Center Plaza(M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
Re: All Operations as pertains to named
insured. City of Santa Ana, its
officers, employees, consultants,
special council and representatives
APPROVED AS TO FORM
~(~~y
AS:::.lslant City Attor~.I~Y
..1Vv"1A1 f "".t:..u.-
WC 04 03 06
(Ed. 4-84)
Countersigned by ~____~~____~~____~~____~_____~____~____~__
Authorized Representative
r-, ACORD," I
CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DDIYYYY)
11102105
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Dealey, Renton & Associates ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
P. O. Box 10550 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Santa Ana, CA 92711-0550
714427-6810 INSURERS AFFORDING COVERAGE NAIC#
INSURED INSURER A: United States Fidelity & Guaranty
David Taussig & Associates INSURER B: American Automobile Ins. Co.
1301 Dove Street, #600/670 INSURER c: Evanston Insurance Co.
Newport Beach, CA 92660 1\ - "J.o05 -,;us INSURER D:
INSURER E:
Clienl#' 5341
DAVIDTAUS
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POlleY PERIOD INDICATED. NOTWITHSTANOING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR ~~R TYPE OF INSURANCE POLICY NUMBER PD01-~~~J~f,;gsW\E Pg~I.fJ ~~I~~N LIMITS
TO
A ~NERAL LIABILITY BK01565403 12/08/05 12/08/06 EACH OCCURRENCE $1 000 000
X COMMERCIAL GENERAL LIABILITY General Liab. DAMAGE TO RENTED $1 000 000
j CLAIMS MADE LX) OCCUR excludes claims MED EXP (Anyone person) $10000
arising out of PERSON/\l. & ADV INJURY $1 000 000
the performance GENERAL AGGREGATE $2 000 000
~'~ A.GG~EnE fUMIT APnSIPER: of professional PRODUCTS - COMP/OP AGG $2 000 000
POLICY ~f,Q,: LOC services.
A ~TOMOBILE LIABILITY BA01576048 12108105 12/08/06 COMBINED SINGLE LIMIT
2L- ANY AUTO (Ea accident) $1,000,000
- ALL OWNED AUTOS BODILY INJURY
(PerpBrson) $
- SCHEDULED AUTOS
2L HIRED AUTOS BODILY INJURY
$
2L NON-OWNED AUTOS (PeraccidBnt)
- PROPERTY DAMAGE $
(Peracc'ldent)
==iAG'L1ABILITY AUTO ONLY - EA ACCIDENT $
ANY AUTO OTHER THAN EA ACC $
AUTO ONLY: AGG $
A ~ESS/UMBRELLA LIABILITY 7BK0156403 12/08/05 12/08/06 EACH OCCURRENCE $2 000 000
X OCCUR 0 CLAIMS MADE (Not included AGGREGATE .2 000 000
Professional .
~ DEDUCTIBLE Liability) .
RETENTION $ $
B WORKERS COMPENSATION AND WZP80933953 09/01/05 09/01/06 X wc STA~';!;:.I IOJ,~- ---
, EMPLOYERS' LIABiLiTY ,_'_ IDBlllMI L
ANY PROPRIETOR/PARTNER/EXECUTIVE EL. EACH ACCIDENT $1,000000
OFFICER/MEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE $1,000.000
If yes, describe under $1,000,000
SPECIAL PROVISIONS below --~- E.L, DISEASE POliCY liMn
C OTHER Professional E0827172 11/01/05 11/01/06 $1,000,000 per claim
Liability $2,000,000 annl aggr.
Claims made $25,000 Deductible
DESCRIPTION OF OPERA.TIONS' LOCATIONS /VEH1CLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS
*Except 10 days notice of cancellation for non-payment of premium.
Re: All Operations as pertains to named insured. j6!7 /!7'
City of Santa Ana, its officers. employees, consultants, special council
and representatives are Additional Insured on General Liability coverage in
(See Attached Descriptions)
v
CERTIFICATE HOLDER
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
City of Santa Ana DATE THEREOF, THE ISSUING INSURER WILL ENJt~IL ---3.fr'.. DAYS WRITTEN
Clerk of the City Council NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, B~KmJ!.lIJloaocxx
20 Civic Center Plaza(M-30) l;IDUlBl>>lX.~MDDC.ID..RI(\O(n.:XJ.\1lXll8eO)t~~DXXX
P.O. Box 1988 JJX"",V
Santa Ana, CA 92702-1988 ~U;;~RlZED REPRESEN~
. - <;
ACORD 25 (2001/0S11 of 2
#M142087
THC
@ ACORD CORPORATION 1988
cAt
DESCRIPTIONS (Continued from Page 1)
accordance with the policy terms, but only as respects to work being
performed by the insured.
Waiver of Subrogation included in General Liability and Work Compo
yriJ5 2fcf
AMS 25.3 (2001/08)
2 of2
#M142087
Policy Number: BK01565403
Owners;...Lessees or Contractors (Form B)
ADDITluNAL INSURED
Change(s) Effective: 11/02/05
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT
CAREFULLY. This endorsement modifies insurance policy under the following:
LIABILITY COVERAGE PART:
Schedule
Name of Person or Organization:
City of Santa Ana
Clerk of the City Council
20 Civic Center Plaza(M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
SECTION II - WHO IS AN INSURED is amended to include as an insured the
person or organization shown in the Schedule, but only with respect to liability
arising out of "your work" for that insured by or for you.
City of Santa Ana, its officers, employees, consultants, special
council and representatives
WAIVER OF SUBROGATION:
IT IS UNDERSTOOD AND AGREED THAT THE COMPANY WAIVES THE RIGHT OF
SUBROGATION AGAINST THE ABOVE ADDITIONAL INSURED(S), BUT ONLY AS RESPECTS
THE JOB OR PREMISES DESCRIBED IN THE CERTIFICATE ATTACHED HERETO.
Yff5 3/Y
CLlBF 22 40 03 95
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT
This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different
date is indicated below.
(The following "attaching clause" needs to be completed only when this endorsement is issued subsequent to preparation of the policy.)
This endorsement forms a part of Policy No. WZP8 0 93 3 953
Issued to: David Taussig & Associates
By: American Automobile Ins. Co.
Premium (if any) TBD
We have a right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our
right against the person or organization named in the Schedule. (This agreement applies only to the extent that you
perform work under a written contract that requires you to obtain this agreement from us).
You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work
described in the Schedule.
The additional premium for this endorsement shall be 2-5% of the California workers compensation premium otherwise
due on such remuneration.
Schedule
Person or Organization
City of Santa Ana
Clerk of the City Council
20 civic Center Plaza(M-30)
P.o. Box 1988
Santa Ana, CA 92702-1988
Job Description
Re: All Operations as pertains to named
insured. City of Santa Ana, its
officers, employees, consultants,
special council and representatives
~ c;/r
~f~
WC 04 03 06
(Ed. 4-84)
Countersigned by
Authorized Representative