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Home My WebLink AboutTOLERICO'S ELECTRIC 7 - 2001 . ; . 'N~Uf'1ANCE m,J FiLE WOr-;i< l\t.\Y r'i<:~~,:i:=D UNn);i~~~~~t [;;?:R=S , r;.; CLEf\[( OF Ci.H,CIL DATEp.'ct'>NSULTANT AGREEMENT THIS AGREEMENT, made and entered into this~daYOf (1,1" ,2001 by and between Tolerico's Electric, a sole proprietor (hereinafter "Consult~ity of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"). N-2001-188 ... RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of electrical and lightening repair at the Santa Ana Depot. 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 services, the rates and charges identified in Exhibit A. The total sum to be expended under this Agreement, shall not exceed $5,000 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 the 30th of June, 2002, unless terminated earlier in accordance with Section 12, below. The term of this Agreement may be extended upon a writing executed by the Executive Director of Community Development Agency and the City Attorney. 1 . . 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term ofthis 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, ajoint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1 ,000,000 per occurrence. Consultant shall supply City with a fully executed additional insured endorsement in substantially the form attached hereto as Exhibit B upon execution of this Agreement and shall be approved in form by the City Attorney. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non-owned automobiles. c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Consultant is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim. 2 e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. f. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proofthat insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 6. INDEMNIFICATION Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (I) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including health, and claims for property damage, which may arise from the direct or indirect operations of the Consultant or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 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 ofthe 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 ofthis Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. 7. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of 3 like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation oflaw; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 8. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 9. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 telefacsimile (714) 647-6956 With courtesy copies to: Executive Director of Community Development Agency City of Santa Ana 20 Civic Center Plaza (M-25) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 647-6549 and, 4 City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 647-6515 To Consultant: Kenneth Tolerico Tolerico's Electric 12321 Moana Way Garden Grove, California 92640 Telefacsimile (714) 636-6764 A party may change its address by giving notice in writing to the other party. Thereafter, any notice, tender, demand, delivery, or other communication shall be addressed and transmitted to the new address. If sent by mail, any notice, tender, demand, delivery, or other communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, any notice, tender, demand, delivery, or other communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 10. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 11. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without 5 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 which fails to meet the standard of performance specified in the Recitals of this Agreement. 13. DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. JURISDICTION - VENUE This Agreement and all questions relating to its validity, interpretation, performance, and enforcement shall be government and construed in accordance with the laws ofthe State of California. This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 15. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of her inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 6 . 16. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each 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 PATRICIA E. HEALY Clerk ofthe Council APPROVED AS TO FORM: JOSEPH W. FLETCHER City At ey By: Cristine L. aw Assistant City Attorney RECOMMENDED FOR APPROVAL: CONSULTANT ~<-C:LJ~ c- I~ Kenneth Tolerico Owner ();L Jo~ P. Reekstin Executive Director of the Community Development Agency I:B"P. '-fY- - 5'f8:1 Employer ID # or Individual SS # 7 p.2 i TOLERICO'S ELECTRIC LICENSE .427918 PI'\JIlClIAI City of Santa Ana Regional Transportlllion Center 1000 E. Santa Ana Blvd. . Suite 1011 Santa Ana, CA. 92701 Carolyn: Listed below are the Hourly Rates ancI Material Markup that wc will be charging the City for the 2001-2002 Agreement. Matcrial: Standard MarkUp, 25% over coSl. Labor Rates: Midnight to 7 AM. SUlldays and Holidays S 47,00 per hour S 47.00 per hour S 70.50 per hour $ 70.50 per hour S 97.00 per hour Monday through Friday. 7 AM to 6PM Saturday 7AM to 4PM Monday through Friday, 6PM to 12PM Saturday 5PM to 12PM Rcspectfully submittcd 03. October. 2001 1<(0 (')~/4"~~"?D Kenneth J. Tolerico Owner 12321 MOAN'" WAY, GARCEN GROVE, CA 92640' (714)636-6742' fax (714) 636-6764 II cXfla:13:Crl/~ n'~' I T Ta07 ,,,,a !(;IT ACORD,. CERTIFICATE OF LIABILITY INSURANCE I DATE (MMIDDNY) 05/31/2001 PRooueER' '(!l49)472-6560 FAX (949)588-8348 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION California Southwestern . ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Insurance Agency/Lie.' 0443354 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 15520 Rockfield Blvd, Suite B Irvine, CA 92618 INSURERS AFFORDING COVERAGE INSURED Tolerico's Electric INSURER A Commercial Union Insurance COI11)any Kenneth Tolerico INSURER B: General Accident Insurance Co. of America 12321 Moana Way INSURER C Garden Grove, CA 92640-00.n INSURER 0 I ~ .L-- Yl IfisUREREA A"1~ COVERAGES .If . W IX j" 7 aJ- ~ THE POLlCI~~OF INSURANCE LISTED BEl05'! HAVE BEEN ISSUED !rr_HE 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 1$ SUBJECT TO P.LL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE POLICY NUMBER P8,k+~~:~j6&W,E POtICY EXPIRATION LIMITS LTR DATE MMJDDIYY ~NERAl LIABILITY CALH73889 04/22/2001 04/22/2002 EACH OCCURRENCE , l,Ooo.OO~ X COMMERCIAL GENERAL LIABILITY FIRE DAMAGE (Any O/1e fire) , 300,OO~ I CLAIMS MADE [!] OCCUR MEO EXP (Anyone person) , 5,OO~ A PERSONAL & ADV INJURY " l,OOO,OO~ GENERAL AGGREGATE , 2,OOO,OO~ GEN'l AGGREGATE LIMIT APPLIES PER PRODUCTS - COMPIOP AGG , 2,000,000 Xl POLICY n r;r2i n LOC ~TOMOBILE L1ABIUTY QAAH02047 08/15/2000 08/15/2001 COMBINED SINGLE LIMIT (Eaaccident) , 500,OO~ ANY AUTO - X ALL OWNED AUTOS BOall Y INJURY , SCHEDULED AUTOS (Per person) A X HIRED AUTOS Boall Y INJURY X (Per accident) , f-'- NON-OWNED AUTOS - PROPERTY DAMAGE , (Per accident) ~":GE LIABILITY AUTO ONLY - EA ACCIDENT , ANY AUTO OTHER THAN EAACC , AUTO QNL Y AGG , EXCESS LIABILITY EACH OCCURRENCE $ ::~rOCCUR D CLAIMS MADE AGGREGATE , , ==1 ~EOUCTIBLE , RETENTION , , WORKERS COMPENSATION AND I TO);.}' ll1.i,~s I IV E"'- EMPLOYERS' LIABILITY E.L EACH ACCIDENT , E-L. DISEASE - EA EMPLOYEE $ Ei. DISE:.^.SE . POLICY I !MIT $ OTHER DESCRIPTION OF QPERATlONSILOCATIQNSNEHICLESIEXCLUSIONS ADDED BY ENDORSEMENTJSPECIAL PROViSIONS Certificate holder to be named as Except 10 day notice of cancellation for non-payment of premium. dditional insured per attached endorsement CG2010 10/93 with respect to general liability. CERTIFICATE HOLDER I I ADDITIONAL INSURED; INSURER LETTER: CANCELLATION :APPROVED AS TO FOF MSHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE 1;{~AAt<-4l~* EXptRATION DATE THEREOF, THE ISSUING COMPANY WILL 1I>>tIX~ MAil City of Santa Ana *30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, 1000 E. Santa Ana Blt~l1ra Sh'o.'dy -.- ~IIll0IttXiIIJCtlIl(lf.n,YJ(XX Sutie 108 CA 92701 Deputy CilY AlIllri,','y , ~ ~ ~K<<XXXXXXXX Santa Ana, AUTHORIZ ,~;;E.SEjAT J -'1 If h '\ {s?, I ' ',rl u, - I IFf}' Pi J./} ACORD 25-5 7/97 r @ACORD CORPORATION 1988 , IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25-S (7/97) '.1.~.~E."." CG 20 10 1093 ADDITIONAL INSURED-GWNERS, LESSEES OR CONTRACTORS (FORM B) CL690 (10.93) This endorsement modifies insurance provided under the following, COMMERCIAL GENERAL LIABILITY COVERAGE PART This endorsement changes the policy effective on the inception date of the policy unless another date is indicated. SCHEDULE Name of Person or Orcanlzatlon: BLANKET ADDITIONAL INSURED WHO is AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of your ongoing operations performed for that insured. APPROVED AS TO FORM b~~0y peputy , ,'(1' ,.'1 POLICY NUMaER, CALH73889 4 AGENT COPY . . , I "CQBo'. CERTIFICATE OF LIABILITY INSURANCE DATE (MMfODIYY) 04/16/2002 PRODUCER (949)472-6560 FAX (949) 588-8348 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION California Southwestern ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Insurance Agency/Lic.# 0443354 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 21 Orchard Lake Forest, CA 92630 INSURERS AFFORDING COVERAGE INSURED INSURER A: General Security Insurance INSURER B: CGU Insurance Companies Tolerico's Electric INSURER C 12321 Moana Way INSURER D: Ganden Grove, CA 92640 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. N01WITHSTANDING 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 TYPE OF INSURANCE POL.ICY NUMBER P~k}i~.i~68,w\E Pg~!fJr~~~~N LIMITS LTO ~NERAL LIABILITY ~2L2400601O 10/11/2001 10/11/2002 EACH OCCURRENCE $ 1,000,00C X COMMERCIAL GENERAL LIABILITY FIRE DAMAGE (Anyone fire) $ 100 , 000 I CLAIMS MADE 00 OCCUR MED EXP (Anyone person) $ 5,001 A PERSONAL 8. ADV INJURY $ 1,000,001 f-- f-- GENERAL AGGREGATE $ 2,000,001 ~r AGG~EnE ~~~ AP~t PER: PRODUCTS - COMP/OP AGG $ 1,000,00< X POliCY JECT lOC ~TOMOBILE LIABILITY lAAH02047 08/15/2001 08/15/2002 COMBINED SINGLE LIMIT (Eaaccidenl) $ 1,000,000 I-- ANY AUTO X ALL OWNED AUTOS BODILY INJURY (Per person) $ B --'-'- SCHEDULED AUTOS ,-- HIRED AUTOS BODILY INJURY (Per accident} $ f-- NON-OWNED AUTOS f-- PROPERTY DAMAGE $ (Paraccidant) RGE LIABILITY AUTO ONLY - EAACCIDENT $ ANY AUTO OTHER THAN EAACC $ AUTO QNl Y AGG $ EXCESS LIABILITY EACH OCCURRENCE $ ::~rOCCUR D CLAIMS MADE AGGREGATE $ FOBM. $ ~ ~EDUCT"LE ...""~ AH 2 $ RETENTION $ :;..::r. , t $ WORKERS COMPENSA nON AND CR NE LEE S AW I T'6~~I~.JNs I IUE~- EMPLOYERS' LIABILITY DePllty City Artc rney E.l. EACH ACCIDENT $ E,L, C:8EASE - EA EMPLOYEE $ EL DISEASE - POLICY LIMIT $ OTHER ...D!SCR1PTION OF OPERATlONSILOCATIONSNEHICLESJEXCLUSIONS ADDED BY ENDORSEMENT!SPECIAL PROVISIONS (03/99A) form with respects to _ertificate holder is named additional insured per attached CG 2010 ~eneral liability. ~O day notice for non-payment of premium. CERTIFICATE HOLDER I X I ADDITIONAL INSURED; INSURER LETTER: A CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL 1UXJtX~ MAIL ..l.L DAYS WRITTEN NOTlCE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, City of Santa Ana ~JliI(~XIXllrllIl6$)(llIllIlIlil0iitKllllXl1lJ(llJOO(llXX 1000 E. Santa Ana Blvd., #108 1Ij(~lOOllOOIK4OOl~~XXXXXXXX Santa Ana, CA 92701 AUTHOR~E 1/';S7r~V! )l1JJ/~ (J. />1.1 j" - ACORD 25-5 (7/97) r @ACORDCORPORATION 1988 . , , IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). if SUBROGATION is WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate hoider in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmativeiyor negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25-5 (7/97) , \ . POLICY NUMBER: 22-L24006010 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POI,.ICY. p,LEASE READ IT CAREFULLY, , , ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS- SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: city of Santa Ana, its officers, employees, agents and representatives (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) Who Is An Insured (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of your ongoing operations performed for that insured. Such insurance as is afforded by this endorsement for the additional insureds, shown in the schedule, shall apply as primary insurance. Any other insurance maintained by the additional insureds or its officers and employees shall be excess only and not contributing with the insurance afforded by this endorsement, except in the event of sole or contributory negligence on the part of the additional insureds." 'J fORM CG 20 100399 A Includes Copyrighted Information Insurance Services Office, Inc., 1996 Page 1 of 1 10/22/0 I