HomeMy WebLinkAboutPGS SERVICES, INC. 1 - 2002
f0.' "'-"=.iIlGE ON FILE
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WORK MAY PROCEED
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CLERK OF OUNCI~
DATEr
N-2002-102
AGREEMENT FOR SERVICES
01..-
THIS AGREEMENT, made and entered into this ~ day of 5u ~ ' 2002 by
and between PGS Services, Inc., a California corporation (hereinafter "Contract roo), 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 contractor having special skill and knowledge in the field of
electrical work.
B. Contractor represents that Contractor is able and willing to provide such services to the
City.
C. In undertaking the performance of this Agreement, Contractor represents that it is
knowledgeable in its field and that any services performed by Contractor under this
Agreement will be performed in compliance with such standards as may reasonably be
expected from a professional 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
Contractor shall perform those services as set forth in Exhibit A to this Agreement.
2. COMPENSATION
a. City agrees to pay, and Contractor 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 $ 5000.00 during the term of this Agreement.
b. Payment by City shall be made within thirty (30) days following receipt of proper
invoice evidencing work performed, subject to City accounting procedures. Payment need not
be made for work which fails to meet the standards of performance set forth in the Recitals
which may reasonably be expected by City.
3. TERM
This Agreement shall commence on the date first written above and terminate on
December 31, 2002, unless terminated earlier in accordance with Section 12, below. The term of
this Agreement may be extended upon a writing executed by the Chief of Police and the City
Attorney.
4. INDEPENDENT CONTRACTOR
Contractor 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
Contractor performs the services which are the subject matter of this Agreement; however, the
services to be provided by Contractor shall be provided in a manner consistent with all
applicable standards and regulations governing such services. Contractor 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, Contractor shall
maintain and shall require its subcontractors, if any, to obtain and maintain insurance as
described below:
a. Commercial General Liability Insurance. Contractor 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 Contractor'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 ,000,000 per
occurrence. Contractor shall supply City with a fully executed additional insured endorsement in
substantially the form attached hereto as Exhibit B upon execution of this Agreement and shall
be approved in form by the City Attorney.
b. Business automobile liability insurance, or equivalent form, with a combined single
limit of not less than $ I ,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, Contractor, if Contractor 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, Contractor agrees to obtain and maintain any
employer's liability insurance with limits not less than $1,000,000 per accident.
d. (reserved)
2
e. The following requirements apply to the insurance to be provided by Contractor
pursuant to this section:
(i) Contractor 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 Contractor 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 Contractor's right to be paid for its
time and materials expended prior to notification of termination. Contractor waives the right to
receive compensation and agrees to indemnifY the City for any work performed prior to approval
of insurance by the City.
6. INDEMNIFICATION
Contractor agrees to and shall indemnifY and hold harmless the City, its officers, agents,
employees, Contractors, special counsel, and representatives from liability: (I) for personal
injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims
for personal injury, including health, and claims for property damage, which may arise from the
direct or indirect operations of the Contractor 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 Contractor further agrees to indemnifY, hold
harmless, and pay all costs for the defense of the City, including fees and costs for special
counsel to be selected by the City, regarding any action by a third party challenging the validity
of this Agreement, or asserting that personal injury, damages, just compensation, restitution,
judicial or equitable relief due to personal or property rights arises by reason of the terms of, or
effects arising from this Agreement. City may make all reasonable decisions with respect to its
representation in any legal proceeding.
7. CONFIDENTIALITY
If Contractor receives from the City information which due to the nature of such
information is reasonably understood to be confidential and/or proprietary, Contractor 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
3
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 Contractor disclosed in a publicly available source; (c) is in rightful possession of the
Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of
law; or (e) is independently developed by the Contractor without reference to information
disclosed by the City.
8. CONFLICT OF INTEREST CLAUSE
Contractor covenants that it presently has no interests and shall not have interests, direct
or indirect, which would conflict in any manner with performance of services specified under
this Agreement.
9. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this
Agreement shall be in writing and shall be deemed to be properly given if delivered in person or
mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other
telegraphic communication in the manner provided in this Section, to the following persons:
To City:
Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
telefacsimile (714) 647-6956
With courtesy copies to:
Chief of Police
City of Santa Ana
60 Civic Center Plaza (M-97)
Santa Ana, California 92702
telefacsimile (714) 245-8007
and,
4
City Attorney
City of Santa Ana
20 Civic Center Plaza (M-29)
P.O. Box 1988
Santa Ana, California 92702
telefacsimile (714) 647-6515
To Contractor:
PGS Services, inc.
P.O. Box 8566
/M'Mission Ril/~, California 91346
Telefacsimile (818) 782-6733
Attn: Paul Stickelmaier
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
Contractor, 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 Contractor. The parties
agree that any terms or conditions of any purchase order or other instrument that are inconsistent
with, or in addition to, that terms and conditions hereof, shall not bind or obligate Contractor 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 Contractor,
Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior
written consent of the City and any such assignment, transfer, delegation or subcontract without
the City's prior written consent shall be considered null and void. Nothing in this Agreement
5
shall be construed to limit the City's ability to have any of the services which are the subject to
this Agreement performed by City personnel or by other Contractors retained by City.
12. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of
termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor
compensation for all services performed by Contractor prior to receipt of such notice of termination,
subject to the following conditions:
a. As a condition of such payment, the Chief of Police may require Contractor 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 Contractor consents to the City's use thereof for
such purposes as the City deems appropriate.
b. Payment need not be made for work which fails to meet the standard of performance
specified in the Recitals of this Agreement.
13. DISCRIMINATION
Contractor 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. Contractor affirms that it is an equal opportunity employer
and shall comply with all applicable federal, state and local laws and regulations.
14. JURISDICTION - VENUE
This Agreement and all questions relating to its validity, interpretation, performance, and
enforcement shall be government and construed in accordance with the laws 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
Contractor 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. Contractor shall notif'y the City
immediately and in writing of her inability to obtain or maintain such permits, licenses,
approvals, waivers, and exemptions. Said inability shall be cause for termination of this
Agreement.
6
16. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature hereinbelow has the power,
authority and right to bind their respective parties to each of the tenus 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.
7
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year
first above written.
ATTEST:
CITY OF SANTA ANA
~c-:'..~J~
PATRICIA E. HEALY
Clerk of the Council
{}~-
DAVID N. REAM
City Manager
APPROVED AS TO FORM:
JOSEPH W. FLETCHER
City Attorney
By.
Cristine 1. haw
Assistant City Attorney
RECOMMENDED FOR APPROVAL:
CONTRACTOR
CiA
Paul Walters
Chief of Police
~~/~~.
'Paul Stickelmaier
f tfl).zt 'IS' - If 7 gg 5" t)
Employer ID # or Individual SS #
8
. J......05 02 02: 40p
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. e5/22/2e62 11:26
SANTA ANA POLICEDEPT.
8187826733
(714l245-8098
p.3
PAGE 62
IF(Gi~ SERVICES, INC.
Sgt Brian Sheldon
Santa Ana PoHcc Dl!pt
60 Civic Center Plaza
SMta Ana
May 22. 2Q02
New Downlighting
The scope of work i9 (0 include removal of the e~isting fluorescent strip lights and insta.l1atioo of f1ine new dimmable
downlights connected to ~l. oxisting dimming sY'lem.
PeS will provide an electrical maleria\, work and cellini repair,
pas ",m provide allladdcr<. scaffolding and safely equipment required (0 comple\( Ihis work.
Scope docs not include testing fOT. or ttMoval of. any 49bcslo5 materialg shou.ld Lhi!. bec;ome net<:ssary. PGS reserves
th. righl to keep il' employ... ofT of Ihe job .;te withoul penaltll" of MY kind .hould ..be.to. malerials be
encountctcd,
Arthitectural, mechaniea.1 and lor structUt'll engineering. (tfrequlred) Is not a part of this $'Cope ofwor"k.. Elec.trlcal and
"""clllTIII engineering ;, available Ihrou&h PGS for an additional ree.
All work 10 be completed In a workman like manner according 10 standard pract;ce.. After Contratl i. signed MY
altmtion or dmaf;on from abo\"(: specificat.ians ;nvolving extra (:OsIS will be e1-ec:utc:d only upon written Qrdcrst Ifld
will become an extra ~harge. This includes c'hangc$ t'hat may be required by an c:ng;'lee1", 4I"Chltect or mllnicalitte_ AI'
asreemenrs c.ontingent upon !ltfi'lcts.. accidents t'.Ir delays l'1eyond our contrOl.
Area IInd. accus to tw fO.lclf and {TC:C of aU de'Mi!l or obmuclions one dRY priO'r to -glm of work. Contf8(:tor wil11eavc
work aml broom <lean upon completion of job.
Co.MCtors .'" required by law !o be licensed and rogulated by lIle Contractor< State Lic..,e BORrd. Any questions
conemini a con_lor may be reftn'ed to the glstrar, Contnctors Slate L icen.. Board, 982\ Bu.ine.. P..... DTlvc,
Sncramento, C 5821. . Maihn ddr.... 0 Bo. 26000. Swnme"IO, CA 95826.0026
L1c.... q 78097]
Signed
(818) 782-6732 fAX (818) 7Sz.673:l
PO. BOX II'" MISSION HILLS. CA 91146
EXHIBIT A
.Jul~18 02 04:53p SAw
"TA ANA POLICEDEPT.
87/17/2002 14:38 8187826733
Sent By: HOFFMAN BROWH COIIPAHV'
. 07/11101 DI/ 11:20 FAI 7.0 f37 T81t 8189811 8510; Ju!.11.02 4:59PM;
IIIlt By: HOPfJIIN _ CllPANV' ILII' , ~
- "11I~7 -5 · '" ..e litO; Jul.'.lIII .:471'1I,
. -.. 4 411712I_
17141245-8098
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'-'-~SHAW
DeputY CitY Attorney
'Ju1 18 02 04: 53"
r SANTA ANA POLICEDEPT.
07/17/2002. 14:38. 8187826733
Sent By: HOFFMAN BROWN COMPANY'
,
. '7/11/0! TIV 1..1. FAl 7.0 7a7 7...
17141245-8098
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818 988 8510; Jul.11.02 4:58PMj
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PAGE 02
Page 213
liIoO!
HOPPMAIf-aaolCN COMPANY
lS:z3J vmmJRA BLVlJ
SHERMAN OAKS CA 914n3
-
PAUL STICQLMI\IER AND roB
SERVICES, INC.
P.O. BOX 8566
MISSION gILLS, CA 913+6
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0010 DAYS NOTICE FOR lIOJI-PA"JM15NT 0' PRBM~UMu CBRTtFIC/I.'1'B HDLOBll. IS
NAM!D AS ADDITIQIIW.. INSURED PO tHE l\.'l'TACHBD BlUIJ:BIT "Il" FDIlM.
CUY OP SAnA IlHA
20 CIVIC CiNTIR PlAZA
SAN'l'A AlIA, CA !/Z701
'I SERVICES, INC.
Sergeant Brian Sheldon
City of Santa Ana Police Dep!.
60 Civic Center Plaza M-97
PO Box 1981
Santa Ana, CA 92702
July 25, 2002
Dear Sgt. Sheldon,
Attached please find original copies of the insurance information that [ faxed to you on July 17th
1J
Sandra Graves
(818)782-6732 FAX (818)782-6733
PO. BOX 8566 - MISSION HILLS, CA 91346
pgs.services@worldnet.att.net
A.~"I~".
HOFFMAN-BROWN
15233 VENTURA
SHERMAN OAKS
COMPANY
BLVD
CA 91403
DATE (MM/DDIYV)
07/11/02
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
COMPANIES AFFORDING COVERAGE
PRODUCER
INSURED
. ---._-.~_.~---_._~~
COMPANY
A NAVIGATORS INSURANCE COMPANY
PAUL STICKELMAIER AND PGS
SERVICES, INC.
P.O. BOX 8566
MISSION HILLS, CA 91346
COMPANY
B
COMPANY
C
THIS is TO CERTIFY THAT 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,
I__~)(_CLUSIONS_AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN M_AY1HAVE BEEN REDUCED BY PAID CLAI~S. .~__~_ __."____
. CO' TYPE OF INSURANCE I POUCYNUMBER ! POLlCYEFFECTlVE !POL.ICYEXPIRATION! LIMITS
LlA I DATE (MM/DD/YY) , DATE (MM/DOIYY)
A, GENERAL LIABILITY i GENEAALAGGREGATE $ 2, 000/ 0..00
j- Xl COMMERCIAL GENERAL LlABIUrY ' P~ODUCTS _ COMP/OP AGG 'S 1 / 000 I 0 0 0
1'1~ CLAIMS MADE JD OCCUR GA4 0 04 67 08/25/01 08/25/02 PERSONAL&ADVINJURY $ 1, 000, 000
'------i OWNER'S & CONTRACTOR'S PROT EACH OCCURRENCE $ 1, 0 0 0 I 0 0 0
l_,_~ --,.- FIRE DAMAGE (Anyone fire) $ 50 , 000
liMED EXP (Anyone person) : $ 5 I 0 0 0
COMPANY
o
i AUTOMOBILE LIABILITY
r.~
I ANY AUTO
I ALL OWNED AUTOS
COMBINED SINGLE LIMIT $
;-.--:
SCHEJULED AUTOS
I' BODILY INJURY! S
{Per person)
BOalL Y INJURY I
(Per accident) _!$
PROPERTY DAMAGE j' S
r-!
HIRED AUTOS
NON-OWNED AUTOS
~
I
GARAGE LIABILITY
,_ ---J ANY AUTO
,~ -.~._----
AUTO ONLY - EA ACCIDENT $
OTHER THAN AUTO ONLY
EACH ACCIDENT $
AGGREGATE ; 5
EACH OCCURRENCE ' $
I AGGREGATE ___.~.______
1$
! EXCESS lIABILlTY
UMBRELLA FORM
: OTriER THAN UMBRELLA FORM
i WO;::;i\i:R;3 COfl.irEfiSA ~IUI~ AND
I EMPLOYERS' LIABILITY
I THE PROPRIETOR! IINCL
, PARTNERS/EXECUTIVE
i OFFICERS ARE EXCL
I OTHER
I
i
STATUTORY LIMITS
EACH ACCIDENT
s
DISEASE - POLICY LIMIT $
DISEASE - EACH EMPLOYEE $
DESCRIPTION OF OPERATIONSILOCATIONSNEHICLES/SPECIAL ITEMS
**:8 DAYS NOTICE FOR NON-PAYMENT OF PREMIUM** CERTIFICATE HOLDER IS
NAMED AS ADDITIONAL INSURED PER THE ATTACHED EXHIBIT "B" FORM.
CITY OF SANTA ANA
20 CIVIC CENTER PLAZA
SANTA ANA, CA 92701
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOf, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL
~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEfT,
BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
OF ANY KINO
AUTHORIZED RE
ITS AGENTS OR REPRESENTA TlVES.
JENNIFER
,
~
en,t By: .HOFFMAN BROWN COMPANY;
. ~1/~2f2BB2 B9:54 8187826733
818 986 8510;
Jul-2-02 4:47PM;
Page 212
PAGE 02
EXHIBIT B
ADDITIONAL INSURED ENDORSEMENT
FOR COMMERCIAL GENERAL LIABILITY POLICY
Insurance Company NAVIGATORS
This endorsement modifies such insurance as is afforded by the provisions of Policy
# GM 004 6 7 relating to the following:
i, The Chy of Santa Ana, ZO Civic Center Piau, Santa Ana, Caiitbmia 92701; its
officers, employees, agents, volunteers al1d representatives are named as additional insureds
("additional in~UledS") with regard to liability and defcnee of suits arising from the operations
and uses performed by or on behalf of the named in~llIed.
2. With respect to claims arising out of the operation.s and uses perfonned by or on
behalf of the named insured, Buch insurance as is 'afforded by this policy is primary and is not
additional to or contributing with any other insw:ance carried by or for tbe benefit of the
additional insureds.
3, This insurance applies separately to each insured against whom claim is made or
suit is brought except with respect to the company's Umit9 ofliabHity. The inclusion ofany
person or organintion as an insured shall not affect any tight which such person or organization
would have as a c1aiman.t if not so included.
4. With respect to the additional insureds, this in.sufllnce shall not be cancelled, or
materially reduced ill coverage or limits except after thirty (30) days written notice has been
given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701.
(Completion of the following, including countersignature, is required to make this endorsement
effective.)
Effective 07-U2-02
Policy # GM 0 04 6 7
Issued to PGS SERVICES, INC.
, this endorsement fonn as a part of
N~......?
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Counte,rsigned ... . . . . - ~ .,....
Authorized R~presentative
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