Loading...
HomeMy WebLinkAboutADVANTAGE FITNESS PRODUCTS 1-2002 , ,,~<I\RJ.\i~J" i.....II \J;~ rI~E , .wORK MAY NOT PROCEED ( ~ -1-,' OctERK OF COUNCIL F/~ATE: 1/fA1..- CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into this j ~ day of ~ ~ , 2002 by and between Advantage Fitness Products, (hereinafter "Consultant"), and the ~nta Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"). N_2002-062 """ ~ --- - -6 3 RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of maintaining and repairing fitness equipment. 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 $10,000.00 during the term of this Agreement. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on July 1, 2002 and terminate on June 30, 20~, unless terminated earlier in accordance with Section 12, below. The term of this Agreement may be extended upon a writing executed by the Fire Chief and the City Attorney. 4. INDEPENDENT CONTRACTOR 1 . . '-' ""'" Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, 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 ofthis Agreement and shall be approved in form by the City Attorney. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non-owned automobiles. c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 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. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: 2 '-' 'wtI (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. e. 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: (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 ofthe Consultant or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason 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 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. 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. 8. NOTICE 3 '-' '-' 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 copy to: Fire Chief City of Santa Ana 1439 S. Broadway Santa Ana, California 92707 telefacsimile (714) 647-5779 To Consultant: Advantage Fitness Products 10131 National Boulevard, Suite B Los Angeles, California 90034 Attn: Sandy Van Hoek 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. 9. 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 4 "-' ~ 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. 10. 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 of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 11. TERMINATION This Agreement may be terminated by 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. 12. 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. 13. JURISDICTION - 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 5 '-' 'wi 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. 14. 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. 15. MISCELLANEOUS PROVISIONS a. Each nndersigned 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. 6 """' ....., IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: CITY OF SANTA ANA DAVID N. REAM City Manager APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney BY:~./&/ Laura Sheedy / Assistant City Attorney RECOMMENDED FOR APPROVAL: CONSULTANT /{Muc-uvaD- MARC MARTIN Fire Chief -~ iiJf 0i S YVANHOEK Service Manager hZcgZ Employer ID # or Individual SS # 7 "'"" >wi EXHIBIT A SCOPE OF SERVICES Consultant shall provide services as described in Schedule A, "Itemized Description of Preventative Maintenance Agreement", for the fitness equipment located at Santa Ana Fire Stations # 1,2,3,4,5,6,7,8,9,10 and itemized in Schedule B, "Equipment Covered and/or Excluded by this Agreement". Said Preventative Maintenance shall be performed quarterly, beginning July I, 2002 and shall include the following: . Consultant shall inspect the equipment to determine if repairs are necessary to make the Equipment in good operating condition suitable for coverage under this Agreement. City shall pay for all labor, parts and materials for any such repairs and adjustments. Consultant shall provide City with an itemized statement of necessary repairs for City's approval prior to Consultant performing any such repair. . Consultant's trained technician wil1 perform services on the equipment at City's Fire Stations during a mutually agreed upon schedule. Said services shall be performed between the hours of 8 a.m. and 5 p.m., Monday through Friday, excluding holidays. Consultant shall comply with City's security procedures in obtaining access to the equipment. City shall notify Consultant, when the technician arrives, of any problems the City is experiencing with the equipment. The City Manager, or his authorized representative, shall approve invoices prior to Consultant performing repairs, indicating that Consultant has inspected the equipment and what repairs are needed, including an list of replacement parts and materials not covered by the Preventative Maintenance Agreement. . If a replaced part is covered by a manufacturer's warranty, Consultant shall replace such part and invoice the cost of the replacement part and any associated service repair charges to such manufacturer warranting coverage. If the manufacturer does not pay Consultant, City will be responsible for the difference between the amount paid by the manufacturer to Consultant and the actual amount due. . Consultant shall maintain a stock of replacement parts appropriate to provide reasonable preventative maintenance on the equipment. Consultant shall use original equipment manufacturer replacement parts or parts of equal quality in performing preventative maintenance and repairs. Repairs not covered by Preventative Maintenance. Nonscheduled maintenance service calls requested by City and any repairs not covered by Schedule A, will be billed separately at $85.00 for the first half hour and $55.00 for each additional hour, in addition to the cost of replacement parts. Warranty and Remedies a. Consultant shall perform services under this agreement in a profession manner conforming to generally accepted industry standards. City shall report any deficiencies 8 '-" ..."j in Consultant's work within five calendar days of performance thereof. Customer shall correct any such deficiencies. b. The only warranty with respect to any part or accessory provided by Consultant is the manufacturer's original warranty. 9 ....... """" ,r SCHEDULE A Itemized Description of Preventative Maintenance Agreement CROSS TRAINERS . Check all resistance ccmponents . Check electronic components . Check and lubricate drive bell . Inspect all bearings, bolts and miscellaneous hardware . Calibrate to manufacturers specifications . Test overall operation of unit ROWING MACHINES . Check and clean control board functions . Check resistance system (mm, to max,) . Check pivot points. clean and lubricate . Clean and lubricate track and chain . Calibrate to manufacturers specifications . Test overall operation of unit STAIR CLIMBERS . Check all resistance components . Check eiectronic components . Inspect step drive components - clean and lubricate . Inspect all bearings, bolts and miscellaneous hardware . Calibrate to manufacturers specifications . Test overall operation of unit STATIONARY BIKES . Check control board functions . Inspect altemator brushes . Sand fly wheel and inspect tension bell for wear . Clean and lubricate chain . Inspect drive belt chain tension system (mln, to max,) . Inspect all bearings, freewheel sprocket, bolts/screws and chain/drive sprocket . Check speed assembly . Test overall operation of unit TREADMILLS . Inspect rear roller . Inspect rear brace and all welds . Align running belt and lubricate deck surface . Inspect lower electronics and adjust when necessary . Clean and vacuum drive motor, air intakes and fans . Inspect drive belt for wear and proper tension . Check lift calibration sellings . Calibrate to manufacturers specificalions . Test overall operation of unit STRENGTH EQUIPTMENT (WEIGHT MACHINES) . Inspect all cables for wear . Lubricate guide rods, carriage assembly, pulleys and miscellaneous hardware . Test overall operation of unit Advantage Fitness Products. Prevenlative Mainlenance Agreement- Page S of 7 , . '-' . '-' SCHEDULE B Equipment Covered and/or Excluded by this Agreement EQUIPMENT COVERED BY THIS AGREEMENT ITEM# PRODUCT SERIAL NUMBER DESCRIPTION. ADDITIONAL NOTES 1 Station#1 Lifecycle Bike, Stairmaster Stepper, StarTrac Treadmill, Smith Mach. 2 Station#2 Lifecycle Bike, Stairmaster Stepper, Startrac Treadmill, Lat Mach. 3 Station#3 Startrac Treadmill, Stairmaster Stepper, Lat Mach. 4 Slation#4 Stairmaster Stepper, Lifecycle Bike, Lat Pulldown, Smith Mach., StarTrac Treadmill. 5 Slation#5 Stairmaster Stepper, 2 Startrac Treadmills, Smith Mach, Lea Press, Lea Ex!, Lea Curt. 6 Slation#6 Slartrac Treadmill, Slairmaster Treadmill, Leg Ex!, Leg Curt, Lat oull. 7 Station#7 Stairmaster Stepper, Startrac Treadmiil. 8 Station#8 Slairmaster Steooer, Startrac Treadmill, Lat raw, 9 Station#9 Stairmasler Stepper, Slartrac Treadmill, Roman Chair. 10 Stalion#10 Lifecvcle Bike, Slairmaster Steooer, Startrac Treadmill. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 EQUIPMENT EXCLUDED FROM THIS AGREEMENT ITEM# PRODUCT SERIAL NUMBER DESCRIPTION. ADDITIONAL NOTES 1 2 3 4 5 6 7 8 9 10 Advantage Frtness Products. Preventative Maintenance Agreement. Page 6 of 7 i . '-' """ EXHIBIT B ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY POLICY Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy # relating to the following: 1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its officers, employees, agents, volunteers and representatives are named as additional insureds ("additional insureds") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. 2. With respect to claims arising out ofthe operations and uses performed by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit ofthe additional insureds. 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant ifnot so included. 4. With respect to the additional insureds, this insurance shall not be cancelled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 9270 I. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective Policy # Issued to , this endorsement form as a part of Named Insured Countersigned by Authorized Representative 10 ~ --. CERTIFICATE OF LIABILITY INSURANCE ACORD DATE (MMIDDfYY} '" 04/10/2002 PRODUCER (818)240-7670 FAX (877)396-8959 ONLY AND '~~~F~RS NO RIGHTS UPO~ ~~~ ~~RTIFICA TE 'V" Kni gh t Insurance Agency HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 104 N. Maryland Avenue ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Gl endal e. CA 91206 INSURERS AFFORDING COVERAGE Michele Fisher/Debbie Delia INSURED AFP International. llC INSURER A: Employers Fire Ins C. Advantage Fitness Products Inc INSURER B: State Compensation Insurance Fund 10131 National 81 vd. INSURER c: Los Angeles, CA 90034 INSURER 0: , INSURER E: THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONOITION OF ANY CONTRACT OR OTHER OOCUMENT WlTH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUEO 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. L1ft TYPE OF INSURANCE POLICY NUMBER DATE (MMIDDIYY) rOATe (MM/DDlYYl LIMITS GENERAL LIABILITY FAR782101 07/01/2001 07/01/2002 EACH OCCURRENCE . 1,000,000 - COMMERCIAL GENERAL LIABILITY FIRE DAMAGE (Anyone fire) X . 1,000,000 I CLAIMS MADE 0 OCCUR MED EXP (A.1Y one person) , IS,OOO A PERSONAL & ADV INJURY . 1,000,000 GENERAL AGGREGATE . 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOP AGG . 2,000,000 Xl ,n PRO- n X POLICY JECT LOC AUTOMOBILE LIABILITY AAB59159 07/01/2001 07/01/2002 COMBINED SINGLE LIMIT -'-'-'- (Eaaccident) . ANY AUTO 1,000,000 - ALL OWNED AUTOS BODILY INJURY - (Per person) . ~ SCHEDULED AUTOS A ~ HIRED AUTOS BODilY INJURY (Per accident) $ ~ NON-DWNED AUTOS I- PROPERTY DAMAGE . (Per accident) GARAGE LIABILITY AP~~b' AUTO ONLY - EA ACClDENT . R ANY AUTO OTHER THAN EA ACe . AUTO ONLY AGG . EXCESS LIABILITY CRI ;:,nM EACH OCCURRENCE , ~ OCCUR D CLAIMS MADE DepU ~ City Attornil AGGREGATE . $ ==1 DEDUCTIBLE $ RETENTION . . WORKERS COMPENSATION AND 506102 04/01/2002 04/01/2003 X ITO"vel;,;,'!-.i i'ER- EMPLOYERS' L1AeILlTY E.L. EACH ACCIDENT $ 1,000,000 B E.L- DISEASE. EA EMPLOYEE $ 1,000,000 E.L- DISEASE - POLICY LIMIT . 1,000,000 OTHER DESCRIPTION OF OPERATlONSILOCATlONSNEHICLESfEXCLUSIONS ADDED BY ENDORSEMENT/SPEctAL PROVISIONS PECIAl CONDITIONS AS RESPECTS GENERAl lIABILITY: it is agreed the certificate holder i. included a. dditional insured. If required, said insurance shall be primary. 10 days notice of cancellation as respects non-payment of premium CERTIFICATE HOLDER i I ADDITIONAL INSURED; INSURER LETTER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANYWlLLK~'tlQA(IX) MAIL ....3....0.- DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, City of Santa Ana .~M~M.ll~kIl6M~l'1I:c>JlMll~mcx 20 Civic Center Pl aza Illl.~MI'1llllllft<<'l(l)(nll'J!ltlD;!l!lc~lllIJlIlll:XXXXXXX Santa Ana, CA 92702 AUTHORIZED REPRESENTATIVE ~~ Debbie Delia/DO '7) ,,~"v COVERAGES . ..... 10 . d ltHOl '.,"'" ..._L.. EXHIBIT B , ADDITIONAL INSURED ENDORSE:rvmNT FOR COMMERCIAL GENERAL LIABILITY POLICY Insurance Company t rt~f "X"lts w'Q..fld This endorsement modifies such insurance as is afforded by the provisions of Policy # F" A..R t 'is':U 01 relating to the following: . I. The City of Santa Ana, 20 Ci.vic Center Plaza, Santa Ana, California 92701; its officers, employees, agents, volunteers and representatives are named as additional insureds ("additional insw-eds") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. 2, With respect to claims arising out of the operations and uses performed by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit ofthe additional insureds. 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits ofliabilit~. The inclusion of any person or organization as an insured shall not affect any right which:such person or organization would have as a claimant ifnot so included. 4, With respect to the additional insureds, this insurance shall not be cancelled, or materially reduced in coverage Or limits except after thirty (30) dayS written notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, C~lifomia 92701, (Completion of the following, including countersignature, is require\! to make this endorsement effective.) Effective Policy # Issued to 11 \. ( :l DO). , this endorsement form as a part of n~l 'bJ-lOI . FD 1I\.,it1"I1CL'tl'IlM.l, l.-t..0 , Named Insured Countersigned by oriz rcsentati ve , TINE LEE SHAW ~puty cIty Attorney 10 J0'd W~SS:0t c00c-ct-~0 . r .. ~' , ADDITIONAL INSURED ENDORSEMENT Insurance Company krJ \ 6 Hi' ~U(L l'l-T1cr;- This endorsement modifies such insurance as is afforded by the provisions of Policy # Fritz.- 79J 'L I 0 \ relating to the following: 1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92702; its officers, employees, agents and volunteers are named as additional insureds ("additional insureds") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. 2. With respect to claims arising out of the operations and uses perfonned by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4. With respect to the additional insureds, this insurance shall not be canceled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, Califomia 92702. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective ~ I \ ~DO'2- Policy # F 1te.'7 ~2-1 0 I Issued to An ::r:,.,.:kI\A.ilO~.Jl .. LU!/ - N'm~ Countersigned by /.... ~ C/ A~~~rized Representative , this endorsement form as a part of J\PPR~'7" FOBI4 c' 12- CRI L.Et SHAW DePUty City AtUlrney ACOR'b,. 'CERTIF,ICATE OF LIABILITY INSURANCE DATE (MM/DDJYYI 04/10/2002 PRODUCER (818)240-7670 FAX (877)396-8959 !.':'!~. ~ ~~ ~ MA" c", Knight Insurance Agency ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 104 N. Maryland Avenue ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Gl endal e. CA 91206 INSURERS AFFORDING COVERAGE Michele Fisher/Debbie Delia INSURED AFP International. LLC INSURER A: Employers Fire Ins Co Advantage Fitness Products Inc INSURER B: State Compensation Insurance Fund 10131 National Blvd. INSURER C: Lo, Angeles, CA 90034 INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOlWlTHSTANDING 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 SUBJECTTO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OF INSURANCE POLICY NUMBER DATE (MMIDDlYYI DATE (MM/DDlYYI LIMITS GENERAL LIABILITY AR782101 07/01/2001 07/01/2002 EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAl LIABILITY FIRE DAMAGE (Any one fire) $ 1,000,000 I CLAIMS MADE 0 OCCUR MED EXP (Ai,y one perso~} , 15,000 A PERSONAL & ADV INJURY . 1,000,000 GENERAl AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOP AGG , 2,000,000 Xli .nPRO. n, X POLICY JECT LOC AUTOMOBILE LIABILITY FAAB59159 07/01/2001 07/01/2002 COMBINED SINGLE LIMIT f- (Eaaccident) $ f- ANY AUTO 1,000,000 ALL OWNED AUTOS BODILY INJURY f- (PerpersOl1) $ ~ SCHEDULED AUTOS A ~ HIRED AUTOS BODILY INJURY (Per accident) $ ~ NON-OVvNED AUTOS f-- PROPERTY DAMAGE $ (Per accident) ==fGE LIABILITY AUTO ONLY. EA ACCIDENT $ ANY AUTO OTHER THAN EAACC $ AUTO ONLY: AGG $ EXCESS LIABILITY EACH OCCURRENCE $ :=J OCCUR D CLAIMS MADE AGGREGATE $ $ ~ ~EDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND ~506102 04/01/2002 04/01/2003 X ITOR-i'[i'MITSI I\R- EMPLOYERS' LIABILITY APPR l~ ~~o E.l. EACH ACCIDENT $ 1,000,000 B E.L. DISEASE. EA EMPLOYEE ~J ~ 2-- $ 1,000,000 E,L. DISEASE - POLICY LIMIT $ 1,000,000 OTHER CRIST E LEE SHAW Depyty CI y Attor",~Y DESCRIPTION OF OPERATlONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS PECIAL CONDITIONS AS RESPECTS GENERAL LIABILITY: it i. agreed the certificate holder is included as dditional insured. If required, said insurance shall be primary. 10 days notice of cancellation a. respects non-payment of premium CERTIFICATE HOLDER I I ADDITIONAL INSURED; INSURER LETTER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, nlE ISSUING COMPANYWlLLKWa'1lQrft(lXJ MAIL ....l..n...- DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, City of Santa Ana M'l(WII-~~~~lllI_l<Il<IMIl.'IIlJI~~M___nX 20 Civic Center Plaza R~~M~~lJll~!l.'lWll_JM1lIJI"'XXXXXXX Santa Ana, CA 92702 AUTHORIZED REPRESENTA TNE ~&:-- Debbie Delia/DD AlIUt(U;t;O.;J\ '98'