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LEGAL SERVICES AGREEMENT INSURANCE ;'�""
BETWEEN THE CITY OF SANTA ANAWORK MAY lg�� s OCEED
AND DONALD H. MAYNOR
DATE:
1. IDENTIFICATION OF PARTIES. This Agreement, executed in duplicate with each party receiving an
executed original, is made between Donald H. Maynor, A Professional Corporation, hereafter referred to as "LAW
FIRM", with a business address of 235 Catalpa Drive, Atherton, CA 94027, and the City of Santa Ana, a charter city
and municipal corporation duly organized and existing under the Constitution and laws of the State of California,
a, 20 Civic Center Plaza, Santa Ana,
hereafter referred to as `'CITY", with a business address of City of Santa An
GA 92702-1988.
This Agreement is required by Business and Professions Code Section 6148 and is intended to fulfill the
requirements of that section.
2. LEGAL SERVICES TO BE PROVIDED. The legal services (and other related services requiring legal
expertise) to be provided by LAW FIRM to CITY are as follows: This Agreement is intended primarily to ensure the
availability of LAW FIRM to perform "Revenue Protection Services" to the CITY (as described in Section 3(B) of
"Exhibit A"), and to assist CITY and CITY's consultant (MMC) in connection with legal issues that arise in the audit
and compliance activities performed by MMC, all of which are described in the CITY's Agreement with
MMC/MRC entitled "Utility Users Tax/Franchise Compliance and Revenue Protection Program," dated July 1,
2000, and hereinafter referred to as "MMC Agreement", a copy of which is attached hereto and incorporated herein
as "Exhibit A".
3. LEGAL SERVICES SPECIFICALLY EXCLUDED. Legal services that are not to be provided by
LAW FIRM under this Agreement specifically include, but are not limited to, the following: Consultations beyond
those legal, tax preservation and protective services described in Paragraph 2 of this Agreement (and as more
specifically described in Section 3(B) of "Exhibit A" and any activity related to litigation. If CITY wishes that
be provided under this Agreement, a separate written agreement
LAW FIRM provide any legal services not to
between LAW FIRM and CITY will be required.
4. RESPONSIBILITIES OF LAW FIRM AND CITY. LAW FIRM will perform the legal, tax
preservation and protective services called for under this Agreement and respond promptly to CITY's inquiries and
communications. CITY will be truthful and cooperative with LAW FIRM and timely make any payments required
by this Agreement.
5. ATTORNEY CLIENT RELATIONSHIP WITH CITY ONLY. It is acknowledged
that LAW FIRM will work cooperatively with CITY's consultant, MMC, in the providing of services set forth in the
MMC Agreement, to the benefit of CITY. It is also understood that CITY, not MMC, is the client of LAW FIRM,
and that LAW FIRM provides no legal services directly to MMC that would establish an attorney/client relationship
between LAW FIRM and MMC.
6. ATTORNEY'S FEES. CITY will pay to LAW FIRM a total annual fee equal to one-eighth percent
(0.125%) of the total UUT revenues received by the CITY based on the 1998-99 fiscal year (Base Year) and shall be
paid in four equal quarterly payments with due dates of: September 30, and December 31, March 31, and June 30.
These quarterly payments are nonrefundable. For purposes of compensation under this section, the effective date of
this Agreement shall be deemed to be July 1, 2000.
7. MINIMUM TERM/TERMINATION. The CITY agrees to make quarterly payments to LAW FIRM as
required by Paragraph 6 for a minimum of eight (8) calendar quarters in consideration of foregoing past
consideration. After such time, either party may terminate the Agreement, with or without cause, at the end of any
calendar -year quarter by submitting written notice thereof to the addresses in Paragraph 1 of this Agreement.
8. DISCLAIMER OF GUARANTEE. Nothing in this Agreement and nothing in LAW FIRM's statements
to CITY will be construed as a promise or guarantee about the outcome of CITY's matter. LAW FIRM makes no
such promises or guarantees. LAW FIRM's comments about the outcome of any matter are expressions of opinion
only.
9. INSURANCE. Prior to undertaking performance of work under this Agreement, LAW FIRM shall
maintain and shall require its subcontractors, if any, to obtain and maintain insurance or to undertake self-insurance
as described below:
a. Commercial General Liability Insurance. LAW FIRM shall maintain in full force and effect, for the
period covered by this Agreement, comprehensive general liability insurance. This commercial general
liability insurance shall name the CITY, its officers, agents, employees, and volunteers, 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 LAW FIRM'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.
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, LAW FIRM, if LAW FIRM 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, LAW FIRM agrees to obtain and maintain any employer's liability insurance
with limits not less than $1,000,000 per accident.
d. 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 CITY. LAW FIRM
shall supply the CITY with a fully executed additional insured endorsement in substantially the form
attached hereto as "Exhibit B". In the event that the insurance carrier is unable or unwilling to provide
notice directly to the City or is otherwise unable or unwilling to satisfy the conditions set forth in this
provision, LAW FIRM shall provide thirty (30) day prior written notice in the event of cancellation, or ten
(10) day prior written notice in the event of cancellation as a result of non-payment of premiums.
e. LAW FIRM shall provide the CITY with proof of valid insurance and Additional Insured
Endorsement(s) prior to beginning work under this AGREEMENT. LAW FIRM waives the right to
receive compensation and agrees to indemnify the CITY for any work performed prior to approval of
insurance by the CITY.
f. If LAW FIRM 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.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective as of July 1, 2000.
ATTEST: CITY OF SANTA ANA
Patri' E. Healy iQ el A. Pulido
CI of the Council Mayor
APPROVED AS TO FORM:
,6,- Joseph W. Fletcher
City Attorney
RECOMMENDED FOR APPROVAL:
c R. Co m ecutive Director
Fin ce & Manageme t Services Agency
APPROVED AS TO CONTENT:
' 2�—
David N. Ream
City Manager
Donald H. Maynor, a Profeslional Law Corporation
BY:
TITLE:
TAX ID#:
I -OW
AGREEMENT TO PROVIDE
A UDI TING, GEOCODING, AND ASSOCIA TED CONSUL TING SER VICES
FOR
UTILITY USERS TAX/FRANCHISE
COMPLIANCE AND REVENUE PROTECTION PROGRAM
FOR THE CITY OF SANTA ANA
July 2000
by
MBIA MuniServices Company
EXHIBIT A
RM
UTILITY USERS TAX/FRANCHISE
COMPLIANCE AND REVENUE PROTECTION PROGRAM
This AGREEMENT is made and entered at Santa Ana, California, as of July 1 st, 2000, by and between MBIA
MuniServices Company/Municipal Resource Consultants (hereinafter referred to as "MMC"), with a business
address of MBIA MuniServices Company, 32107 W. Lindero Canyon Road #233, Westlake Village, CA 91361,
and the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the
Constitution and laws of the State of California (hereinafter referred to as "CITY"), with a business address of City
of Santa Ana, 20 Civic Center Plaza, Santa Ana, CA 92702-1988.
MMC agrees to provide CITY with certain professional services in furtherance of a comprehensive utility users
tax/franchise compliance and revenue protection program (hereinafter "PROGRAM"), with broad participation by
California public agencies, that is designed to preserve, protect, and enhance their utility users tax (UUT) and utility
franchise revenues.
1. PROGRAM OBJECTIVES
MMC's auditing, geocoding, information, and associated services and skills, in conjunction with the legal and
"protective" services of the CITY's outside counsel, Donald H. Maynor, A Professional Law Corporation
(LAW FIRM), will be used to establish and implement a PROGRAM that will allow participating California
public agencies to preserve, protect and enhance their UUT and utility franchise revenues through a
combination of auditing, geocoding, tax application compliance, business detection, ordinance update,
legislative monitoring, technology update, and other essential compliance and protective services. An effective
compliance PROGRAM will assist the CITY, and other participating public agencies, in identifying and
correcting errors/omissions causing revenue deficiencies, and thereby produce new or previously unrealized
revenue for such participants. The PROGRAM's tax preservation services will protect the CITY's existing
UUT revenues from erosion due to new legislation, new technologies, outdated ordinance language and
inaccurate information. By offering these essential services through a comprehensive PROGRAM, with
widespread participation, there are the additional benefits of. i) achieving lower individual costs for such joint
activities; and, ii) developing consensus -based decisions regarding ordinance interpretations and tax
implementation that utility industries require of California public agencies.
2. ROLE OF CLIENT EXECUTIVE COMMITTEE
A Client Executive Committee (CEC) will be formed, made up of client public agency representatives, to
review and approve the PROGRAM's proposed work plan, and provide general PROGRAM oversight. The
CEC will also function to develop consensus positions on tax application issues, and other matters requiring
uniformity among California public agencies with UUT ordinances. MMC will provide quarterly progress
reports to the CEC and to the CITY to establish the PROGRAM's continuing value to the CITY.
3. FIXED FEE SERVICES
A. Compliance Review Services
At any time during the term of this AGREEMENT, with the prior written consent of the CEC, or with
the prior written consent of the City where specifically indicated, MMC may perform compliance
review activity on behalf of the CITY in any of the following areas:
UUT Tax Application and Franchise Fee Review` In accordance with a work plan that has
been reviewed and approved by the CEC, MMC will perform compliance reviews of major
utility providers, with a focus on common client issues, to assure that the UUT is being
properly applied to taxable services and charges, and that the franchise fee formula is being
properly applied to the revenue base (as provided in standard franchise agreements). MMC
will use the legal expertise of LAW FIRM on matters requiring legal analysis or an
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interpretation of ordinances, standard utility franchises, laws, and IRS letter rulings, which
will be coordinated with the City Attorney.
2. Telecom Special Access Customers: At the option of CITY, MMC will assist CITY in
identifying sophisticated telecommunication users that may be employing new
telecommunication technologies that involve taxable telecommunication services to assure
tax compliance.
3. Geocode Information and Review: MMC will develop and maintain a proprietary address
range database to assure accurate address range information regarding the CITY's
boundaries. Such databases will reflect the latest available LAFCO information regarding
CITY boundary changes due to annexations or other municipal reorganizations. Upon
request, this service will be made available to any utility service provider that serves
customers within the CITY.
4. UUT Exemption Review: MMC will review for accuracy the gas, electric, and water
exemption lists and telecommunication exemption certificates for non-residential customers,
as provided by the CITY, and identify to CITY staff possible errors. MMC will use the legal
expertise of LAW FIRM on matters requiring legal analysis or an interpretation of
ordinances, laws, and IRS letter rulings, which will be coordinated with the City Attorney.
5. UUT Business Detection: MMC will perform periodic compliance reviews of major utility
providers and utilize other detection tools to verify whether such companies are doing
business within the CITY, and then identify such possible non -complying companies to
CITY staff for enforcement actions. MMC will assist CITY in developing compliance
correspondence and enforcement procedures.
6. UUT Pavment Calculations and Deviations: If the CITY provides MMC with regular and
accurate UUT payment history (i.e., copies of all UUT remittances), N1MC will identify to
CITY staff possible gaps in payments, calculation mistakes, and other payment errors. MMC
will assist CITY in developing compliance correspondence and enforcement procedures. On
request, MMC will provide the CITY, on a semi-annual basis, with a spreadsheet reflecting
the CITY's UUT payments (based on remittance data provided by the CITY to MMC).
B. Revenue Protection Services
MMC will work cooperatively with LAW FIRM in providing the following revenue protection
services designed to protect the CITY's existing and future UUT and utility franchise revenues:
1. Statutory Compliance and Consulting Services
Publication of Ordinance Requirements. Maintain an accurate copy of CITY's
UUT ordinance and its administrative rules and interpretations on the MMC
Website, and otherwise assist the CITY in complying with Public Utilities Code §
495.6.
b. Tax Compliance Forms. Prepare model forms for exemption applications, UUT
remittances, information requests, and other tax compliance documents.
Access to Information. Assist the CITY staff in obtaining SB 278 lists, tax
compliance information, exemption lists of utility service providers, and in
determining the exempt status of utility customers pursuant to the exemption
provisions of the CITY's UUT ordinance or federal excise tax law relating to
telecommunications.
2. Ordinance Update and Leg islative/Regulatory Review Services
a. Ordinance/Franchise and Technology Update. Periodically review and update the
CITY's Utility Users Tax ordinance and standard utility franchise agreements, by
offering recommendations to address issues that may arise because of deregulation,
litigation, changes in laws or regulations, the unbundling of traditional utility
services, or the introduction of new technologies to provide utility services.
b. State and Federal Legislation. Monitor proposed state and federal legislation to
identify issues affecting the CITY's UUT or utility franchise revenues, and make
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appropriate recommendations, with the prior approval of the CEC, to the CITY, the
League of California Cities, the National League of Cities and other lobbyists of
California public agencies.
c. Regulatory Agencies. Monitor proceedings at the various regulatory proceedings
(e.g., California Public Utilities Commission, California Energy Commission,
Federal Commerce Commission, Federal Energy Regulatory Commission) that affect
the deregulation of the various utilities that are to be reviewed under this
AGREEMENT and make appropriate recommendations to CITY and the CEC.
d. Information Services. To accomplish the monitoring and review services in
Section 4(B) above, the PROGRAM will provide CITY with periodic newsletters,
special communications, and legislative bulletins. MMC may also provide
instruction to CITY staff through workshops and seminars on such subjects as
industry deregulation, new technologies, complying with new utility -related
legislation, and other timely subjects.
C. MMC Does Not Provide Legal Services.
It is agreed and understood MMC will provide no legal services that may be required under any of the
PROGRAM activities described in this AGREEMENT, but rather LAW FIRM will provide such legal
services by separate agreement with CITY. It is also acknowledged that in providing such legal
services, LAW FIRM's client will be CITY, and not MMC.
D. MMC To Provide CITY with Copies of Correspondence.
MMC will provide CITY with copies of all correspondence/documentation sent or issued by the
PROGRAM on CITY's behalf.
4. CITY -SPECIFIC AUDITS WITH PERFORMANCE-BASED FEE
A. Scope of CITY -Specific Audits
At any time during the term of this AGREEMENT, with the prior written consent of the CITY, MMC
may perform a CITY -specific audit of a utility franchise or UUT payments from a specific utility,
when the audit intends to focus on CITY -specific issues. See Section 6(C) below regarding
compensation for CITY -specific audits.
B. MMC's Responsibilities for CITY -Specific Activities
1. Work Plan Approval for CITY -specific Activities. MMC will submit to the CITY staff a
proposed Work Plan for review and approval that will serve as the basis for CITY -specific
compliance activities (e.g., CATV UUT or franchise review, gas or electric franchise review,
or payment deviation from a specific utility).
CITY Approval of Discovery Actions. For City -specific activities, MMC will receive prior
authorization from the CITY staff (including the City Attorney) to obtain and examine utility
and customer records (hard copy and data format) necessary to assure compliance with the
CITY's UUT ordinance through the use of administrative subpoenas, nondisclosure
agreements, and other procedures required by the utility service provider as a condition of
providing access to confidential customer information.
MMC to Comply with Local Laws. In performing the compliance review services described
in this subsection, MMC agrees to abide by the provisions of the CITY's UUT ordinance, any
administrative rules the CITY may adopt relating to such ordinance, and the confidentiality
requirements of state law (Revenue and Taxation Code Section 7284.6-.7). Throughout the
above process, MMC shall be available to meet with the CITY, utility service providers, or
their customers to review any MMC findings . or recommendations arising out of its
compliance review activities for the CITY.
5. CITY's RESPONSIBILITIES
To facilitate and maximize the effectiveness of the above compliance review activities, CITY shall diligently
assist MMC by performing the following:
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A. Necessary Information.
CITY will provide MMC, on a timely basis, with information necessary to conduct its compliance
review activities including but not limited to: monthly UUT payment histories, exemption lists, and SB
278 aas and electric lists (including names of customers refusing to pay surcharges), and certified
copies of the UUT ordinance and any subsequent amendments.
B. Authorizing Resolution.
CITY will adopt a resolution that authorizes appropriate CITY officers to execute administrative
subpoenas for the review of utility customer records by designated CITY personnel or authorized
agents of the CITY, and to execute necessary nondisclosure agreements approved by the CITY.
C. Letter of Authorization.
CITY will provide a letter of authorization identifying MMC as an authorized agent of the CITY to
perform utility users tax compliance audits, to receive and examine appropriate utility and customer
records (hard copy and data format) necessary to assure UUT tax compliance, and to execute necessary
nondisclosure agreements approved by CITY.
D. Legal Interpretations of Ordinance.
Upon request, CITY will provide MMC with appropriate legal and administrative interpretations of its
UUT ordinance. It is agreed and understood that CITY will retain the exclusive authority and
responsibility to administer, interpret, and enforce its UUT ordinance, recognizing that the role of
MMC and LAW FIRM is limited to employing their unique expertise and proprietary tools for: i)
detecting and identifying errors/omissions by utility service providers or utility users in the application,
calculation, collection, and/or remittal of UUT; and, ii) providing CITY with technical assistance,
without assuming or being delegated the authority or responsibility of CITY to administer, interpret,
and enforce its UUT ordinance and standard utility franchise agreements.
6. COMPENSATION/TERM
A. Annual Fixed Fee
The CITY's total annual fixed fee for participating in the PROGRAM shall be one-half percent (0.5%)
of the total UUT revenues received by the CITY based on the 1998-99 fiscal year (Base Year), and
shall be paid in four equal quarterly payments with due dates of. September 30, and December 31,
March 31, and June 30. These quarterly payments are nonrefundable. The payments for MMC and
LAW FIRM shall be made separately as follows: three-eighths of one percent (0.375%) to MMC and
one-eighth of one percent (0.125%) to LAW FIRM (as reflected in a separate attorney/client agreement
with the CITY). For purposes of compensation under this Section 6(A), the effective date of this
AGREEMENT shall be deemed to be July 1, 2000. In the event that total annual UUT revenue for any
fiscal year after the Base Year is less than the Base Year, then the Base Year shall be adjusted to reflect
said lower total annual UUT revenue, and shall be used for purposes of determining the compensation
for the next following calendar year. In the event that the total annual UUT revenue for any
subsequent fiscal year exceeds the unadjusted Base Year, the total annual revenue for the unadjusted
Base Year shall be used for purposes of determining the compensation for the next following calendar
year.
B. Waiver of Compensation for Prior UUT Compliance Agreement
As consideration for the CITY entering into this AGREEMENT for a minimum of twenty-four (24)
months, MMC/MRC hereby specifically waives its right to any and all compensation that is due, or
would be due, whether known or unknown, under any prior agreement with Municipal Resource
Consultants (MRC) and the CITY for UUT audit services, including the Agreement dated November
16, 1992.
C. Performance-based Compensation for City -Specific Audit Services
With respect to a CITY -specific audit of a utility franchise, including a CATV UUT/franchise audit
referred to in Section 4(A) above, MMC shall be entitled to additional compensation in the event that
MMC's compliance review activities result in the CITY receiving additional revenues from such
CITY -specific audit activity. Accordingly, the CITY shall pay MMC twenty-five percent (25%) of the
additional revenues, including interest and penalties, that MMC is able to reasonably substantiate has
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resulted from its CITY -specific compliance review activities. Said 25% applies to the additional
revenue received by the CITY for the first twelve quarters following the correction of the
error omission. In addition, MMC may seek to recover all revenue due the CITY from prior periods, if
any. In that case, MMC will also receive 25% of any retroactive recovery.
Notwithstanding the foregoing, nothing herein shall prohibit the parties from entering into a written
agreement on compensation for CITY -specific audit services on a fixed fee or any other separately
negotiated basis.
D. CITY's Obligations
Regarding the CITY -specific compliance review activities of MMC in Sections 4 and 6(C) above, the
CITY agrees to:
I. Invoice the responsible party for tax deficiencies (plus interest and penalties if applicable)
identified and confirmed by MMC within thirty (30) days following receipt of MMC's
detection report or correspondence;
2. Provide MMC with a copy of any settlement agreement with a taxpayer/tax collector within ten
(10) days of entering into such agreement; and,
3. Notify MMC within ten (10) days following receipt by the CITY of payments (cash,
installment, or other compensation directly benefiting the CITY) of such tax deficiencies,
whether invoiced or not. Upon receipt of such notice, MMC will promptly invoice the CITY.
MMC's compensation is due and payable within thirty (30) days of the CITY's receipt of
MMC's invoice.
E. MMC Expenses
MMC shall absorb all expenses incurred by MMC in providing its services as described herein. These
expenses include items such as employee salaries and benefits, insurance, airfare, auto rentals, meals,
lodging, Federal Express, mail, telephone, copying, directories, on-line resources, and other overhead
and miscellaneous expenses.
7. TERMINATION OF AGREEMENT
A. Either the CITY or MMC may terminate this AGREEMENT, by thirty (30) days prior written notice as
provided in this Section; provided, however, if CITY terminates this AGREEMENT at any time within
twenty-four (24) months following the effective date of this AGREEMENT, CITY shall nevertheless
pay MMC eight quarterly payments from the commencement of the AGREEMENT.
B. Upon termination of the AGREEMENT as provided herein, MMC shall be entitled to retain any fees it
may have received from the CITY pursuant to Section 6(A) of this AGREEMENT. In addition, MMC
shall be entitled to payment according to the terms of Section 6(B) and (C) for all additional revenues,
including interest and penalties, that MMC is able to reasonably substantiate resulted from its
compliance review activities pursuant to Section 6(B) and (C) during the term of the AGREEMENT.
Within thirty (30) days following termination, MMC shall provide CITY with a list of detections of
non-compliance resulting from the compliance review activities of MMC. CITY shall, in good faith,
diligently seek to: i) correct such detections of non-compliance made by MMC prior to the date of
termination; and, ii) collect the additional revenues that are due the CITY and MMC for past periods
and for the 12 quarters going forward following the correction, even though the date of actual
correction may occur after the termination date. MMC shall assist the CITY in this
correction/collection effort, if so requested by the CITY.
8. OTHER GENERAL PROVISIONS
A. In addition to the above provisions, the parties also agree to be bound by the general provisions as set forth
in "Exhibit A" of this AGREEMENT, which are by this reference incorporated herein. In the event of
disagreement between the specific provisions of this AGREEMENT and the general provisions, the
specific provisions of this AGREEMENT shall prevail.
B. This AGREEMENT, and any attachments hereto, shall supersede the Agreement entered into by the parties
dated November 16, 1992, with regard to provision of services pertaining to the utility users tax.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective as of July 1, 2000.
ATTEST:
Patricia E. Healy
Clerk of the Council
APPROVED AS TO FORM:
Joseph W. Fletcher
City Attorney
RECOMMENDED FOR APPROVAL:
Roderick R. Coloma, Executive Director
Finance & Management Services Agency
CITY OF SANTA ANA
Miguel A. Pulido
Mayor
APPROVED AS TO CONTENT:
David N. Ream
City Manager
"MMC"
MBIA MuniServices Company
Municipal Resource Consultants
BY:
TITLE:
TAX ID#:
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4. MMC Not Aeent. Except as CITY may specify in writing, MMC shall have no authority, express or implied, to act
on behalf of CITY in any capacity whatsoever as an agent. MMC shall have no authority, express or implied,
pursuant to this AGREEMENT to bind CITY to any obligation whatsoever.
5. Assignment Prohibited. No party to this AGREEMENT may assign any right or obligation pursuant to this
AGREEMENT. Any attempt of purported assignmentof any right or obligation pursuant to this AGREEMENT
shall be void and of no effect.
6. Nondiscrimination. MMC shall not discriminate, in anyway, against any person on the basis of race, sex, color,
religion, sexual orientation, disability, ethnicity, or national origin, in connection with or related to the performance
of this AGREEMENT.
7. Reports Charts or Other Products. All reports, charts and other products produced by MMC and delivered to the
CITY are the property of the CITY.
8. CITY Representative. The City Manager or his/her designee is the representative of the CITY and will administer
this AGREEMENT for the CITY.
9. Indemnity and Hold Harmless. MMC shall indemnify and hold harmless the CITY, its officers, employees, and
agents, from and against all actions, damages, claims, or losses, which are in the nature of personal injury, physical
property damage, or intentional torts, and which allegedly arise out of or are caused by MMC's negligent or
intentional conduct in the performance of MMC's work under this AGREEMENT.
10. Waiver of Breach. No waiver of the breach of any of the covenants, agreements, restrictions or conditions of this
AGREEMENT by any party hereto shall be construed to be a waiver of any succeeding breach of the same or other
covenants, agreements, restrictions or conditions of this AGREEMENT. No delay or omission of any party hereto
in exercising any right, power or remedy herein provided in the event of default shall be construed as a waiver
thereof, or acquiescence therein, nor shall the acceptance of any payments made in a manner or at a time other than
as herein provided be construed as a waiver of or variation in any of the terms of this AGREEMENT.
11. Interest. Unless CITY requests in writing additional information regarding the billing or otherwise disagrees with
the billing, CITY shall pay MMC within thirty (30) days of receipt of MMC's billing, or from the date of agreement
on the billing in the event of a written request. Any payment received after such time period shall accrue monthly
interest of three-quarters percent (3/4%).
12. Whole and Entire Agreement. This instrument contains the whole and entire agreement of the parties hereto and
correctly sets forth the rights, duties and obligations of each to the others as of its date. Any prior agreements,
promises, negotiations or representations not expressly set forth in this AGREEMENT are of no force and effect.
13. Leal Interpretations. For purposes of this AGREEMENT, the City Attorney's opinion concerning the
interpretation of local ordinances and the legal rights, duties, and obligations of the CITY regarding collection of
taxes under State and local law shall be controlling.
14. CITY's Determination Final. Whenever the City Councilor a CITY Officer is empowered under State or local
ordinance to make a determination as to whether or not a tax assessed against a taxpayer is due, for purposes of this
AGREEMENT that determination shall be final and binding on the parties hereto.
15. Confidentiality. MMC agrees that it shall keep all information it receives concerning CITY taxpayers confidential
and shall use it solely for tax compliance purposes. Services performed by MMC prior to termination may result
in CITY's receipt of revenue after termination. This receipt of revenue entitles MMC to payment from CITY
even after expiration of contract or termination. CITY agrees to provide to MMC after expiration or
termination of this AGREEMENT such confidential payment information as is necessary to enable MMC to
calculate the compensation due to MMC as a result of said receipt of revenue and MMC shall maintain the
confidentiality of this information. Therefore, MMC shall be deemed a contractor under Revenue and Taxation
Code Section 7284.6 - .7 after expiration of contract or receipt of notice of termination from the CITY for the
sole and limited purpose of enabling MMC to have access to said information to calculate compensation.
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16. Notices. Any notice to be given from one party to the other pursuant to this AGREEMENT shall be deposited with
the United States Postal Service postage prepaid and addressed as follows:
To CITY: FINANCE DIRECTOR
CITY OF SANTA ANA
20 Civic Center Plaza
P.O. Box 1988
Santa Ana, CA 92702-1988.
To MMC: Grant Brimhall
MBIA MuniServices Company
32107 W. Lindero Canyon Road, Suite 233
Westlake Village, CA 91361
Nothing in this Paragraph shall be construed to prevent the giving of notice by personal service.
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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
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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 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 of the
additional insureds.
I 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 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 92701.
(Completion of the following, including countersignature, is required to make this endorsement
effective.)
Effective , this endorsement form as a part of
Policy #
Issued to
Named Insured
Countersigned by
E,XH1'BIT 6
Authorized Representative
�X
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
June 19, 2000
TITLE:
AGREEMENT TO PROVIDE UTILITY
USER TAX COMPLIANCE SERVICES
A-=
VA'a tion lsr
CLERK OF COUNCIL USE ONLY:
APPROVED
As Recommended
As Amended
Ordinance on 1s' Reading
Ordinance on 2nd Reading
Implementing Resolution
Set Public Hearing For_
ONTINUED TO
ILE NUMBER A-2000-10 2
RECOMMENDED ACTION
1. Direct the City Attorney to prepare and authorize the Mayor and
Clerk of the Council to execute an agreement between the City and
MMC/Municipal Resource Consultants.
2. Direct the City Attorney to prepare and authorize the Mayor and
Clerk of the Council to execute an agreement between the City and
Donald H. Maynor, a Professional Law Corporation.
DISCUSSION
The City of Santa Ana has contracted with MMC/Municipal Resource
Consultants since 1992 for audit, legal, and protective services relating
to the utility users tax (UUT). During FY 98-99, UUT revenue represented
approximately 13.9 percent of the City's total general fund revenue.
MMC/MRC's audit services and Donald H. Maynor's legal services have
combined to protect the City's UUT revenue. For example, two years ago,
Mr. Maynor and MMC/MRC worked at the state and national levels to ensure
that the Internet Tax Freedom Act did not preclude the City from
continuing to tax voice telecommunications that traveled over the
Internet. The MMC/MRC Program recently alerted us to the potential
threat of losing our entire telecom UUT by way of federal preemption, and
is spearheading a fight to preserve it. Due to the complexity of utility
tax issues, city staff cannot provide such needed expertise (i.e.,
lawyers, auditors, and accountants specializing in utility taxation).
In the past, compensation for MMC/MRC's work has been based on a
contingency fee of 25 percent of the total "additional new" revenue
received by the City for a period of three years following the correction
made by MMC/MRC, along with 25 percent of the total retroactive recovery
(if applicable). MMC/MRC now proposes, and City staff recommends, to
fund the program via an annual fixed fee equal to one-half of one percent
(0.5%) of the total UUT revenue less certain adjustments. The fixed fee
program would have two separate contracts - one with MMC/MRC for the
auditing work representing 75 percent of the total, and one with the law
Page 125
25.0.
Agreement to Provide
June 19, 2000
Page 2
Collection Agency Services
firm of Donald H. Maynor, PLC for the legal and protective services
representing 25 percent of the total. The total annual fixed fee is
calculated to be $96,748.81 and would be paid on a quarterly basis.
There are several important benefits to a fixed fee approach over the
standard contingency fee formula, including:
■ Money owed to MMC/MRC for prior compliance work for reporting periods
after January 1, 2000 would be forgiven in exchange for a two-year
commitment to the fixed fee program.
■ All auditing work would be included in the fixed fee, with the
exception of auditing work that is city -specific (e.g., cable
television and utility franchise reviews).
■ The City would establish an attorney/client relationship for the legal
and protective work, ensuring confidentiality and eliminating any
potential conflicts of interest.
• The new approach provides the City with comparable services for a fixed
rate that effectively limits the City's potential liability for future
billing for UUT compliance work.
No other firms were considered for these services, as MMC/MRC and Donald
H. Maynor, PLC are the only parties that offer these services to
municipalities.
FISCAL IMPACT
Funds for the contractual agreements are available in the proposed FY 00-
01 Finance Treasury Other Contractual Services account (account no. 11-
175-6291).
Rod R. Coloma
Executive Director
Finance & Management Services Agency
25.0• Page 126
CERTHOLDER COPY
%NW
STATE P.O. BOX 420807, SAN FRANCISCO,CA 94142-0807
COMPENSATION
INSURANCE
FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE
ISSUE DATE: 09-01-2006 GROUP:
POLICY NUMBER: 1028422-2006
CERTIFICATE ID: 9
CERTIFICATE EXPIRES: 09-01-2007
09-01-2006/09-01-2007
CITY OF SANTA ANA
ATTN CHRISTINE CALDERON -
20 CIVIC CENTER PLAZA
SANTA ANA CA 92701
TRESURY MANAGER
NA A— o — lo
This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the
California Insurance Commissioner to the employer named below for the policy period indicated.
This policy is not subject to cancellation by the Fund except upon 30 days advance written notice to the employer.
We will also give you 30 days advance notice should this policy be cancelled prior to its normal expiration.
This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded
by the policy listed herein. Notwithstanding any requirement, term or condition of any contract or other document
with respect to which this certificate of insurance may be issued or to which it may pertain, the insurance
afforded by the policy described herein is subject to all the terms, exclusions, and conditions, of such policy.
tTMORI�ZED REPRESENTATI PRESIDENT
EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE.
ENDORSEMENT #1600 - DONALD H MAYNOR, SECRETARY TREAS - EXCLUDED.
ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 09-01-1992 IS
ATTACHED TO AND FORMS A PART OF THIS POLICY.
EMPLOYER
DONALD H. MAYNOR A PROFESSIONAL LAW
CORPORATION
235 CATALPA DR
ATHERTON CA 94027
NA
M0408
PRINTED : 08-17-2006
(REV.2-05)
NA
CERTHOLDER Cr -y
'%11
%*We
TE P.O. BOX 420807, SAN FRANCiSCO,CA 94142--0807
isuRANCE
FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE
ISSUE DATE: 00-01-2005 GROUP: �Y
POLICY NUM90h 1028422-2005
CERTIFICATE ID: 9 r
CERTIFICATE EXPIRES: 09-01-2006
08-01-2005/09-01-2000
CITY OF SARA ANA NA
ATTN CHRISTINE CALDERON - TRESURY MANAGER
20 CIVIC CENTER PLAZA
SANTA ANA CA 92791
This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the
California lbsurance Commissioner to the employer named below for the policy peeled indicated
This policy is not subject to cancellation by the Fund except upon SQ days advance written notice to the amployor.
We will also give you 30 days advance notice should this policy be cancelled prior to its normal expiration.
This cartificato of insurance is not an insurance policy and does net amend, extend or alter the coverage afforded
by the policy listed herein. Notwithstanding any requirern*ne iterm
er door Conditto ion
t may of any conpertract
tor ,nth other
acumen
with rospect to which this certificate of insurance may
cg
afforded by the policy described herein is subject to all the 't@i-ms, exclusions, and conditions, of such policy.
YA44 . e— 1,, e •
N.,�
AUTHORIZED REPRESENTATIVE PRESIDENT
EMPLOYEReS LIABILITY LIMIT INCLUDING DEFENSE COSTS: Sl,0oo,00o PER OCCURRENCE.
ENDORSEMENT #1800 - DONALD H MAYNOR, SECRETARY TREAS - FXCLUDED.
ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 09-01-1992 IS
.� ATTACHED TO AND FORMS A PART OF THIS POLICY.
EMPLOYER
DONALD H. NAYNOR A PROFESSIONAL LAY! NA
CORPORATION
235 CATALPA DR
ATHERTON CA 04027
RE V.2.05)
Z0 39vd VNd C1NGS .d0 A110
140408
PRINTED ; 08-17-3005
rocG b9V U Z0:9Z 9007,/90/EO
This certificate of Ansuranae is not an insurance ,policy and
by the policies lis,tecl herein tvuittrstindino',�y roquiretrt
with respect to which this' eiilificet of lb;uramce !_ be..,
policies described herein is subject to all the terms, gxclu
EMPLOYER'S LIABILITY .t
ENDORSEMENT`°#2t6S.ENT]
FORINS`A PART OF THIS F
(REV.3-03)
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TH Policy No. 97-CF-1003-3� EFF: OCT 08 2001
ADDITIONAL INSURED ENDORSEMENT
DESIGNATED PREMISES ONLY
Polio/ No.: 97 -CF -1003-3
Named Insured: DONALD H MAYNOR ATTORNEY
TA ANA
Name of Additional Insured: THE CITY OF ITS OFFICERS, EMPLOYEES, AGENTS, VOLUNTEERS &
REPRESENTATIVES
Address of Additional Insured: 20 CIVIC
SANTA ANACENTER PL1AZA
Interest of Additional Insured: CONTRACT FOR SERVICES
Location of Premises: LOCATION PER CONTRACT
FE -6320
(7/88)
A
The word "insured", wherever used in this policy, also includes the designated person or organization named above
as Additional Insured under the provisions of the policy Sections shown below as applicable by an ")C to the extent
indicated.
❑ SECTION 1. This applies only to COVERAGE A - BUILDINGS.
❑ SECTION I. This applies only to COVERAGE B - BUSINESS PERSONAL PROPERTY.
Description of Property:
0 SECTION II. This applies only to COVERAGE L - BUSINESS LIABILITY and
COVaERAnceoGE M of
MEDICAL PAYMENTS and then only with respect to the ownership, Ir
the premises designated above and operations necessary or incidental thereto. These
SECTION II coverages do not apply to:
1. structural alterations or new construction performed by or on behalf of the designated person or
organization;
2. personal injury caused by the designated person or organization;
3. liability the designated person or organization assumed under a contract; or
4. products -completed operations hazard arising out of goods or inventory which are not sold or
distributed by you or arising out of the manufacturing or packaging of such goods or inventory.
All other provisions of the policy apply.
Printed in U.S.A.
FE -6320
(7188)
JAN -23-2001 10:20
Rohnert Palo, CA 94$26.0001
POLICY NUMBER
$7 -CF -1003-3
iii
DONALD H. MRYNOR
OCT 16 2000 TO OCT 16 2001
L- 2005- F152 F U 3
DONALD H NAYNOR ATTORNEY
A PROFESSIONAL CORPORATION
235 CATALPA OR
ATHERTON CA 44027-2002
Location: 235 CATALPA DR
ATHERTON CA
Add Ins -i1_ CITY OF ANAHEIM ITS OFFICERS,
Acid Ins -IC CITY OF HUNMNGTON BEACH
Add Ins -II: CITY OF BURBANK
Forms, Options, and fEndorsements
$207.01)
Special Form 3
FP -6143
Additional Insured
FE -6320
Glass Deductible - section i
FE -653$.1
Amendatory Endorsement
FE -6205
Tree Debris Removal
FE -6451
Policy Endorsement
FE -6506.1
Policy Endorsement -Business
FE -6464
APPROVED
Ag TO FCjr.�
L4! ssistant City Attorney
OCT 16 2000-
P.03
$220.
Coverages and Limits
Section I
A Buildings Excluded
8 Business Personal Property 32 300
C Less of Income Actual Loss
Deductibles . Section I
Basic 250
Other deductibles may
apply - refer to policy
Section if
L Business Liability $1,000,000
M Medical Payments 5,000
Gen Aggregate (Other than PCO) Z, 000, 000
Products -Completed Operations 2,000,000
(PCO Aggregate)
Annual Premium
$207.01)
Bus Liability - Cov L
13.00
Amount Due
$220, 00
Premium Reductions
Your premium has already been reduced
by the following:
Renewal Year Discount
Yrs in Business Discount
Claim Record Oisccunt
Cov. A - Inflation Index: NIA
Cov. R - Consumer Price: 172.3
AA, at M" See reverse side ibr impartant intarmadan-
MARTIN JOHNSdN INS AGCY INC A/ease keep this part for your record.
JAN -23-2001 10:20
..dlilmhii.
UTATe
comPlaNswriaN
INSURANCE
"1111111111110e Nft.010
DONALD H. MAYNOR
P.O. BOX 807, SAN FRANCISCO CA 94101-0807
161 CERTW-ICATE OF
ISSUE DAZE
CITY OF Huwr i NG-rpp*; EACH
P.O. BOX 2740
VMRKMS' COMPENSATION iNsuRAmm,
HUNTINGTON BEACH CA 92645
This is to certify that we have issued a valid Workers' Compensation insuranco policy in a form approved by the
Ullfomia Insurance Commissioner to the employer named Wow for the policy period indicated
P.04
This p31icy 1!; not subject to comeliation by the Fund except upon 30 days' advanced written notice to the employer.
We will also give you 30 days' advance notice should this policy be cancelled prior to its norma! expiration.
This certificate of irdsuranoo is rmt an insurance policy and do" not amend, extend or after the coverage afforded
by the policies listed herein. Notwithstanding any rewirement, term or condition of any coraract or other document
with respect to which this certificate of insurmce may be issued or may partalm the insurance afforded by the
policies described herein is subject to all the terms,'excl.usloms and conditions of -such:policies.
EMPLOYER'S LIABILITY U1114T, IWI UJDIM MFOOOr" C630--.- 1 '000.. ow. 00-PrA-40=**zNM.
0MRSEMENT 02065 ENTITLED C6RTI FICATE N0LKRS:1;"N0TIC5 EFFECTIVE 04101766 19 ATTACWV TO AND
F=G A PART OF THIS POLICY.
P�S, To -Fo?vl
LISA F-STORCKr}i�Y
nt C,IVPtto
pss.. Ista
TIOL "amr-.102B422 00
I W".
EOR41CATO EMnES: ?v-ol-ol
HUNTINGTON BEACH CA 92645
This is to certify that we have issued a valid Workers' Compensation insuranco policy in a form approved by the
Ullfomia Insurance Commissioner to the employer named Wow for the policy period indicated
P.04
This p31icy 1!; not subject to comeliation by the Fund except upon 30 days' advanced written notice to the employer.
We will also give you 30 days' advance notice should this policy be cancelled prior to its norma! expiration.
This certificate of irdsuranoo is rmt an insurance policy and do" not amend, extend or after the coverage afforded
by the policies listed herein. Notwithstanding any rewirement, term or condition of any coraract or other document
with respect to which this certificate of insurmce may be issued or may partalm the insurance afforded by the
policies described herein is subject to all the terms,'excl.usloms and conditions of -such:policies.
EMPLOYER'S LIABILITY U1114T, IWI UJDIM MFOOOr" C630--.- 1 '000.. ow. 00-PrA-40=**zNM.
0MRSEMENT 02065 ENTITLED C6RTI FICATE N0LKRS:1;"N0TIC5 EFFECTIVE 04101766 19 ATTACWV TO AND
F=G A PART OF THIS POLICY.
P�S, To -Fo?vl
LISA F-STORCKr}i�Y
nt C,IVPtto
pss.. Ista
DONALD H MAYNOR. A -PROF LAW (;ORP MMLD--Ii. KAYWR
235 CATALPA DR A lanrESSIONAL-LAW COMORATIO"
TWFRTnu rk 44027
:V
DONALD H MAYNOR. A -PROF LAW (;ORP MMLD--Ii. KAYWR
235 CATALPA DR A lanrESSIONAL-LAW COMORATIO"
TWFRTnu rk 44027
°4.e'
JON -23-2001 10:21 DONRLD H. MAYNOR P.05
DEC -11-2000 17 els
ADDMONAL INSURED ENDORSEMENT
insuranoe Cvmpeny STAT; rARM OENTRAL INSURANCE
This endtxsern m modilft such irhauM"Ca as is afforded by the provisions of Poky
?-1003- 3 _ !0t'1Ij to the 1WkYwing:
1. The CRy of Santa Ana, 20 Civic Codw , Santa Aro. Caiifornia
g7Df; ft afters, wV"M, Mom and voiur*wm are named as additnat kwreds
f oddltanai insuroW) with r+e f d to lisbiity and def 3o of VOW atrstnd iron+ the
OMMMM end uses pWftyned by or on WW of the named inwrod.
Z. W4h rem to cWffw #tieing out of the operations and uses peftrrned by
or on behalf of the nerved insured. such insurarxe as is atlorddd by US Policy is
primary and is nN addKOW to or embft§M with any other irtsurence carried by or for
the bane& of to addihorrilli in#uMKIS.
3. Itis irWutanve apptiee separately to each insured against whore claim to
meds or wh is bfflugM 0000 WR h IWO to the compRrn(s M to of Rabidly. The
Wgiusion of any Person or orqwWjUon as an insured shall not oftect any dO whtch
such p9mon or 0190 edon would helve as a Chair M if nut so beck .
4. With to e'1e eddiap"I MmJredo, this iitoUW4e ShsN not pe
caregw, or moWdly reduced in o or thf a ntar Pled 0) daYszo. Barth
I has been SN" id ft
Anc
Cis WT01.
ft.�► o► iho lbllo�winp, indudirlp aounbn4natum. Is r+ "red fm nWW this
Eftecft 10/1+6/2000 , this ondorse'MntI&M 88 a part of
Pour " 3
--ApmAn _ n PROFESSIONAL CORP.
Issued 10 -
AppRpVED AS TO F0w
LISA E. S7O;�CK
Assistant City Al'o" `'
Em
Iftw
JAN -23-2001 10:19 DONALD H. MAYNOR P.02
DECD v aTIONS
Lawyers Professional Liability Insuxa=ce Policy
This is a claizw-mads Policy. Please review yoar Policy carefully.
The Policy is limited to liability for only those claims that are
first made against the Insured during the policy period.
Insured by the Stock CoMany below and hereinafter called the company.
Chicago Insurance) company
A Member of Interstate Insurance Group
Executive Offices: 55 E. Munroe St.
Ohicogo, Illinois 60603
POLICY XjV_4=.- LWW2000340
ITEM 1 � "
Named Inaured a Addresses: Producer Name:
Donald H. Maynor Seabury & Smith
1776 West Lakes parkway
235 Catalpa Drive West Dan Moines, IA 50398
Atherton, CA 94027
ITEM 2. Policy Period: From: 9101109 To: 9/01/01
(12:01 A.M. Standard Time at the addreou of the Named
insured as stated herein.)
ITEM 3. Form of Named Insured's Busineses Insured is:
( ) Individual ( ) Partnership (X) Corporation ( ) Other
ITSH 4. Limit of Liability: $1,000,000 Each Claim
$1,000,400 Aggregate
CLAIM EXPENSES:
(X) a.Claim expenses are included within the limits of liability.
( ) b.A separate limit of liability applies to claim expenses (see
policy Section III, Limit of Liability, item B.).
ITRH S. Deductible: $10,000 Per Claim
( }a.The deductible amount specified above ies only to damages.
(X) b.The deductible amount (specified abov,@ pliep to both damages
and claim expenses. j
ITEM 6. Premium.
$4,671 Amount
No. of Lawyers 1
ITEM 7. Forms Attached at Issues A0 ;4T27 (04100) PON 2203(06/9-9)
BY acceptance of this policy the Insured agrees that the statements
in the Declarations and the Application and any attachments hereto
are the Insured's agreegimte and representations and that this
policy embodier# all agreements existing between the insured and the
company or uny of its representatives relating to this insurance.
Do Not Write In This Box
Remarks.-
countersigned
emarks:Countersigned at: Da Moines. IA r Date Countersigned: 8/39100
DEC -11-2000 15:26 DONALD H. MHYNUH
cm
`r%
ADDITIONAL INSURED ENDORSEMENT
Insurance Company STATE FARM GENERAL INSURANCE
This endorsement modifies such insurance as is afforded by the provisions of Policy
# 97 -CF -1003-3 relating to the following:
1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California
92701; 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 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 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,
California 92701.
(Completion of the following, including countersignature, is required to make this
endorsement effective.)
Effective 10/16/2000 , this endorsement form as a part of.,,
Policy # A7 -CF -1 003-3
Issued to
n,
IONAL CORP.
Named insured
37
Countersigned
A orized Representative
s=
TOTAL P.02
Mar -120 07 02:23p DONALD MAYNOR
F'et) 13 07 09:09p
16503272844
CERTIFICATE OF INSURANCE
This certifies that ❑ STATE FARM FIRE AND CASUALTY COMPANY, Bloomington.
Illinois
®STATE FARM GENERAL INSURANCE COMPANY, Bloomington Illinois
•tet ❑ STATE FARM FIRE AND CASUALTY COMPANY, Scarborough, Ontario
❑ STATE FARM FLORIDA INSURANCE COMPANY, Winter Haven, Florida
❑ STATE FARM LLOYDS, Dallas, Texas
insures the following policyholder for the coverages indicated below:
Policyholder DONALD R M.4YNOR ATTORNEY A PROFESSIONAL CORPORATION
Address of policyholder 235 CATALPA DR, ATHERTON, CA 94027
Location of operations 235 CATALPA DR,AI'IiTftTGN, CA 99027
Description of Operations
p•2
P. i
A -a000 -1 oi:�
The policies listed below have been issued to the policyholder for the policy periods shown. The insurance described in these
subject to all the terms, exclusions, and conditions of thou. ontiriec - r ..:.- ... pOtioies is
"• •- • •• -"' yr 1. ur un l5 NU I A CONTRACT OF INSURANCE AND NEITHER AFFIRMATNELY NOR NEGATIVELY
AMENDS, EXTENDS OR ALTERS THE COVERAGE APP ROVED BY ANY POLICY DESCRIBED HEREIN.
Name and Address of Certificate Holder
558 -BB 1-5 rwv. 11-0&2004 P 1'W in u sS
If any 0 the described Policies are canceled before
their e)piratmn date, State Farm will try to ma® a
written notice 101he t ertficale holder 30 days before
cane H r, we fail to mail such notice,
no o liability will be imposed on State
Fa is or representatives.
TeleW Number 650-325-0051__
Agent's Code Stamp
Agent Codo 2005
AFO Code F163
...._._,r peen reduced by any paid claims -
POLICY PERIOD
POLICY NUMBER
97 -CF -1003-3
TYPE OF INSURANCE
Effective Date i Expiration tate
LIMITS OF LIA13ILFTY
(at begkming of podoy
G
Comprehensive
OCP -16-06 OCT -16-07
Period)
-----------"----""
Business Liability
BODILY INJURY ANp
This insurance intludcs:
.. - Products -Completed Operations -
PROPERTY DAMAGE
0 Contractual LiatitTay
W Personal Injury
Each Occurrence $1,000,000
® Advertising Injury
General A99mliam $2,000,000
❑
❑
Products Completed $2,000,000
O ions A e
EXCESS LIABILITY
POLICY PERIOD
BODILY INJURYAND PROPERTY DAMAGE
Q Umbrella
Ef ectrve Date ' ExPirapon Date
(Combined Single Limit)
❑ Other
Each Occurrence $
!Aggregate $
POLICY PERIOD
Part I - Workers Compensalion - Statutory
Effective Date Expiration w pa
WOrrs' Compensation
Part II - Employers Liability
and E
and Employers liability
Each Accident $
Disease - Each Employee $
Disease - Policy Limit $
POLICY NUMBER
TYPE OF INSURANCE
POLICY PERIOD
Effective Date Exair150" Dateat
LIMITS OF LIABILITY
( beginning of polity period)
"• •- • •• -"' yr 1. ur un l5 NU I A CONTRACT OF INSURANCE AND NEITHER AFFIRMATNELY NOR NEGATIVELY
AMENDS, EXTENDS OR ALTERS THE COVERAGE APP ROVED BY ANY POLICY DESCRIBED HEREIN.
Name and Address of Certificate Holder
558 -BB 1-5 rwv. 11-0&2004 P 1'W in u sS
If any 0 the described Policies are canceled before
their e)piratmn date, State Farm will try to ma® a
written notice 101he t ertficale holder 30 days before
cane H r, we fail to mail such notice,
no o liability will be imposed on State
Fa is or representatives.
TeleW Number 650-325-0051__
Agent's Code Stamp
Agent Codo 2005
AFO Code F163
Mar 20 07 02:24p DONALD MnYNOR 16503272844 p.3
Arch
Insurance Group
ARCH INSURANCE COMPANY
A Missouri Corporation
ADMINISTRATIVE OFFICE
One Liberty Plaza
53rd Floor
New York, NY 10006
Tel: 800-817-3252
HOME OFFICE
3100 Broadway, Suite 511
Kansas City, MO 64111
LAWYERS PROFESSIONAL LIABILITY INSURANCE POLICY
THIS IS A CLAIMS -MADE AND REPORTED POLICY. PLEASE REVIEW YOUR POLICY
CAREFULLY. THE POLICY IS LIMITED TO LIABILITY FOR ONLY THOSE CLAIMS THAT
ARE FIRST MADE AGAINST THE INSURED AND REPORTED TO THE COMPANY DURING
THE POLICY PERIOD UNLESS AND TO THE EXTENT THAT AN EXTENDED REPORTING
PERIOD OPTION APPLIES.
Policy Number: Il LPL0709903
Item 1 Named Insured and Address
Donald H. Maynor, APC
235 Catalpa Drive
Atherton, CA 94027
Item 3. Policy Period From
9/1/2006
Item 4. Limit Liability
DECLARATIONS
Renewal Of: I 1 LPLO709902
Item 2. Producer Name
Marsh Affinity Group Services,
a service of Seabury & Smith
PO Box 9277
Des Moines, TA 50306-9277
To 12iGy Pj.M. Standard Time at the address
911/2007 of the Named Insured as stated herein.
$ 1,000,000 Each Claim
$ 1,000,000 Aggregate
a. Claims expenses are included within the Limit of Liability.
Item 5. Deductible
$ 10,000 Per Claim
The deductible amount specified above applies to both damages and claim expenses.
Item 6. Premium
$ 8,751.00 Amount No. of Lawyers I
Item 7. Forms Attached at Issue
LPL 00036 00 0902 Program ERP Endorsement
LFL 00002 05 0902 Policy Form
By accep;anso of lhts p.t, the tntee. ag ,loll lha s:a!yrr¢nr;in:nn Cncrara:inns hid the Apy:.h, acd ony atlah^Rns Gerelo d the lnsu.v-.Ps ap and
n;aI,.,, and l^al this p.R, embodies ail lne apwem=ns ¢dsti^,9 he:'neen loe Inured artl the Cempanyor any ofi ,t re: ,;,, atben real, to Hn nuance.
Do Not Write Remarks Countersigned At Issue Date
In This Box Des Moines 9/1&2006
9/18/2006
Authorized Representative Countersign Date
05 LPLD0090 00 12 03
ijG�J'ler ��
Page 1 of 1
. N CERTHOLDER COPY NA
STATE P.O. BOX 420807, SAN FRANCISCO,CA 94142-0807
COMPENSATION
INSURANCE
FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE MA
ISSUE DATE: 09-01-2007 GROUP: f
c� U _� POLICY NUMBER: 1Q28422-2007
A- O0 CERTIFICATE ID: s 9 t f
CERTIFICATE EXPIRES-, 9;F*1-2008
09 -01-2O&;& =O 1- 2008
CITY OF SANTA ANA NA
ATTN CHRISTINE CALDERON - TRESURY MANAGER
20 CIVIC CENTER PLAZA
SANTA ANA CA 92701
This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the
California Insurance Commissioner to the employer named below for the policy period indicated.
This policy is not subject to cancellation by the Fund except upon 30 days advance written notice to the employer.
We will also give you 30 days advance notice should this policy be cancelled prior to its normal expiration.
This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded
by the policy listed herein. Notwithstanding any requirement, term or condition of any contract or other document
with respect to which this certificate of insurance may be issued or to which it may pertain, the insurance
afforded by the policy described herein is subject to all the terms, exclusions, and conditions, of such policy.
,,K��r-�
tTHORIZED- REPRESENTATI IPRESIDENT
EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE.
ENDORSEMENT #1600 - DONALD H MAYNOR, SECRETARY TREAS - EXCLUDED.
ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 09-01-1992 IS
ATTACHED TO AND FORMS A PART OF THIS POLICY.
EMPLOYER
DONALD H. MAYNOR A PROFESSIONAL LAW NA
CORPORATION
235 CATALPA DR
ATHERTON CA 94027
M0408
PRINTED : 08-17-2007
(REV.2-05)
Insurance Group
ARCH INSURANCE COMPANY
A Missouri Corporation
ADMINISTRATIVE OFFICE HOME OFFICE
One Liberty Plaza 3100 Broadway, Suite 511
53rd Floor Kansas City, MO 64111
New York, NY 10006
TO 800-817-3252
LAWYERS PROFESSIONAL LIABILITY INSURANCE POLICY
THIS IS A CLAIMS -MADE AND REPORTED POLICY. PLEASE REVIEW YOUR POLICY
CAREFULLY. THE POLICY IS LIMITED TO LIABILITY FOR ONLY THOSE CLAIMS THAT
ARE FIRST MADE AGAINST THE INSURED AND REPORTED TO THE COMPANY DURING
THE POLICY PERIOD UNLESS AND TO THE EXTENT THAT AN EXTENDED REPORTING
PERIOD OPTION APPLIES.
Policy Number: 111 ?1,0709909
Item 1 Named Insured and Address
Dmuld It. ilaxrtnr..APLC
235 Calstpa Dri+e
;Ailwrtoai CA 94427
Item 3. Policy Period From
91!C2012
Item 4 Limit Liability
Renewal of: I I ITt.aR 91198
Item 2 Producer Name
3iams Affinity - We>t Dcs Moines. a wmce of Scahun k Smith.
f irsurancc prug'am 'Nanapement
PO Box 9277
Ocs Wines, IA 50',1* -9277
To 12:01 A.M. Standard Time at the address
91"201, of the Named Insured as stated herein.
Each Claim
$ t.0D0,U0U Aggregate
a. Claims cs}xnses arr indutk.d uithni the `imit, l.iabiliq
Item 5. Deductible
$ I0.txxt Per Claim
The deductihle amount slxcified abriw aoplics u, Ixtifl damages and claim cxiwnncs_
Item 6. Premium
$ 6.824.00 Amount
Item 7. Forms Attached at Issue
05 TH. W2 05 06 04 Policy Fom
00 LPL 0174 04 0412 Data iircaeh Esix _xa Fn.lwvucnl
00 NIL 0065 DO (W7 0EAC
No. of Lawyers I
PI�°"—z'Ft+�=v'bHb SW%i'"^+"��a'Z.�S^npr T�emrv!'ro�'�Cc!'e�.xae.5tl:�J.rt:4(....sicer a.]eCrS.actr-o,K''n Y.l& ?£SikX9S5 ay55mt'-'ffd0
t@Ci£y�xfyy4;vf5 fiN�'hdt °d9 CaY"=S m'u SC.J`,`n8^y/d£„aE'{.q£�9fffi•'.'R'n65n YM'=7ziY..i.M kx:Cmtim,�a S't�'C!•rg44yRFW z:r:ar_y�t 'rvS c3a`�
Do Not Write Remarks Countersigned At Issue Date
In This Box
05 LPLD0090 00 12 03
Authorized Representative
APPROVED AS TOOytFORM�
LISA E. STORCK
Assistant City Attorney 1 /2_�
v. I'; 3012
20t2
Countersign Date
Page 1 of 1
CERTIFICATE OF LIABILITY INSURANCE S74 47 0 12
WiSWCO AS A MATTER OF IWOAWT*N ONLY AND CO"FtA$ fAD MOWS UPON THE CERVW"Te Hof PER- tws
CSIMPOAft WES *OT AFFIRMA"LY OR NE"lWftY AWEKOEXTEND OR ALTER THE A�.0)&MAOe AtPOROW AV THE flatkC*3
oetow. Irma lcjmr;fx*rf or INSLAANCE DMS NOT CONSTITUTP A CONTRACT BErWtOR T415 ISS1004 NWREA(S� AVO10fUMP
REPRESEWATITTE OR PFCOUICER, AND THE CERTIF)CATE WXOfft,
JJVVRTAAt- ff to tindki" hotdw is an AWUXX4AL WSUREV** "fitV44N) muO bo 66domod. I SUBROGATtOR tS WArVED. oubfw ITT The
tw" AW M)oloowt of v* poocv"(wo poft" mtv (*qteo an er4�MW"M A OW"" On tftft C#?V� 4M Pat 1�� ffqhft to M4
cetinc*0 h~ In bou of OWN frou"Wro"l),
STATE FARM 1USURANCE rumf .... . . ........
MEN 4OZ15 A�ta' FTC, "AAM",
t;0 PA11K (,A 9
DONALO H MAYNOR ATTORNFY
A PROFE-5540NAL CORPORAT10N lZ"'Wo C
235 CATALPA DR
ATHERION CA W27-2=' I
I ff,7 15 -30 C"MY nAT Tt-f P(AJC4r,- SW W%OAW�f LWTM, MWW MAPF 9F0 W%strz ro 7N€ tmwqco NAW -0 Aarw fOR 'r�qr pr't*>' or rtyr,
#D�An'a ftQl%v_rnTmcfW AMY i;�9OAVWXT IEJAM OR C51f;0`D-,N t* ANY K DR OTHER Cccl;,VVNJ PATH kkvf'(;T M, Wf-rtf Tpg>
t"FicArF MAY W 15"6 EV OR "AV Ft4plok* TK ft5URANQf, AFFCOMFED SY THE PCOCTES DEW"" *,tREM t, TO Alt TYO
TV% QWW AND L' -F "MO Pl <=M I lMffSl"34)W MAY'hAYF DF, FN #WnW, D BY PAM ('l,ATMS
1093W3
mmm
*Z�ArcArc Its T APOLA K9ift u'*w-'f'V *-.A; 1
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CIF=WW44" "AMhS, LCA;AUYW40�Ckjl (AaA, XW'tP V%Ai" plo**04 $u".* 0m# *rwT 4 mryW"
------ --------
YON)LO ANT Cc THWAWVF rf%CAME6 4`fi OC -@8 W, (:Aw'rXkVt'Arrr:Tke
IM WIKAI" UATL 7)VMXW. NOTWE WkL " tALGYRED 14
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lha A(;QRO nanac k9C1 lago ar* mqiglerfo m* -kA of ACURV
x
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CIF=WW44" "AMhS, LCA;AUYW40�Ckjl (AaA, XW'tP V%Ai" plo**04 $u".* 0m# *rwT 4 mryW"
------ --------
YON)LO ANT Cc THWAWVF rf%CAME6 4`fi OC -@8 W, (:Aw'rXkVt'Arrr:Tke
IM WIKAI" UATL 7)VMXW. NOTWE WkL " tALGYRED 14
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lha A(;QRO nanac k9C1 lago ar* mqiglerfo m* -kA of ACURV
")o d-
kld�
;.W -Arch
Insurance Group
ARCH INSURANCE COMPANY
Corporation
A Missouri
ADMINISTRATIVE OFFICE HOME OFFICE
One Liberty Plaza 3100 Broadway, Suits 511
53rd Floor Kansas City, MO 64111
New York, NY 10006
Tel: 800-817-325.2
LAWYERS PROFESSIONAL LIABILITY INSURANCE POLICY
THIS IS A CLAIMS -FADE AND REPORTED POLICY. PLEASE REVIEW YOUR POLICY
CAREFULLY. THE POLICY IS LIMITED TO LIABILITY FOR ONLY THOSE CLAIMS THAT
ARE FIRST MADE AGAINST THE INSURED AND REPORTED TO THE COMPANY DURING
THE POLICY PERIOD UNLESS AND TO THE EXTENT THAT AN EXTENDED REPORTING
PERIOD OPTION APPLIES.
Policy Number: I ILPL0709910
Item 1 Named Insured and Address
Donald H. Maynor, APLC
235 Catalpa Drive
Atherton, CA 94027
Item 3. Polley Period From To
9/112013 9/1/2414
Item 4.
Item 5
Limit Liability
Renewal of: I1LPL0709909
Item 2, Producer Name
Marsh Affinity - West Des Moines, a service of Scabury & Smith.
Insurance Program Management
PO Box 9277
Ides Moines, IA 50306-9277
12:01 A.M, Standard Time at the address
of the Named Insured as stated herein.
$ 1,000,000 Each Claim
$ 11000,000 Aggregate
a. Claims expenses are included within the Limit of Liability.
Deductible
$ 10.000 Per Claim
The deductible amount specified above applies to both damages and claim expenses.
Item 6. Premium
$ 7,097.00 Amount No. of Lawyers 1
Item 7. Forms Attached at Issue
05 LPL 0002 05 06 09 Policy Form
00 LPL 0174 00 0412 Data Breach Expenses Endorsement
00 ML 0065 00 0607 OFAC
By acceptance of this policy the lnsurad agrees that the srtatements in ft Oertaral" aa10 the Apoacatcn and any ateachmeots hereto are the Insureds agmamenta and
repfesanlatlons and that this policy an odles all Ila agreements existlng Cettvaen the lns(red'alld traCampany Of any Of its faptasantatives relating to Ilia insurances,
Do Not Write Remarks Countersigned At Issue Date
In This Box Des Mbrnes 5/29/2013
4va—e—
5/29/2013
Authorized Representative
Countersign Date
05 LPLD0090 00 12 03 Page 1 of 1
I�OV441�Vle - , — /�//op �� //p ?
U._S/O�i1r�/ i ^."1@ 1) "C e- A
74�Le�Im;7'
CERTIFICATE OF LIABILITY INSURANCE
'!WS CEWTUFKATE 145 46StleD AS A MATTER OF, INFORMATION ONLY AND CONFERS NO'R"TS UPDN THF CERTWICAFEF—HK FL THIIS
CERTIFICATIE DOES NOTAPFIRM4TWELY OR kFGAWFLY "AND, 9XTEND OR ALTER THE COVERAGE AFFORNO Il y 'lm-. Poucies
UIILQWTMS QW11MAll OP INSURAKt DD11# NOT GOW1111IT4 A CON'WXY 0111YOU rHe l*SVWG jNbt)RMg� s.oj"4ko
IDI ilitSINTAIVAL 014 PROWCOR, AND rl4s Cth-11FICA It WWUL
mm twivis 040 camlifthI6 a ths ;KAicy, wu" POR043 MOV P*q-4if# $0 W400*dhoft A *Wmo*m om Nrp4Ms 000 1* r4rjeW riot to ft
--ommlo W16" i" Now of 404h
STAlt FARM INSURANCE
-STEV� FlrJRFNTlW lNlj ArjZ-.NI7,,y
I I V CHE VT IST
&w 1--6 PArm cA. 94025
kk5_,4 *'O�AjA' F;N.,-4 6ray fl ae'av groj cov gwy HUI!
�y
.A PROFESSIONAL CORPORUUION
235 CATALPA W
ATHERTON CA 94027-24
('Om':XTM OF :47-& OC'UTRACT 0R OT)-g{R DMUVENT All RJESPEC, I[*
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CERTIFICATE OF LIABILITY INSURANCE
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CERTIFICATE 0 'NOTAFf"OWTIVELY OR NEGATIVILY ;Fa" ND, EX7TEND OR Al'TER TME COVERAGE , FSC i BYTHE POUTS
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A C"RL> 1212412014
-- CERTIFICATE OF LIABILITY INSURANCE
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. 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 end'orsement(s).
PRODUCER
CONTACT
POLICY EXP
MWDD/YYYY
NAME: Rene Hetzer
Mercer Consumer, a Service Of
Mercer Health & Benefits Administration LLC
PHONE
(AIC, No, Ext): 866-795-4154 Ext 52915
FAX
{AIC, 1 515.365-0657
E-MAIL
P.O. BOX 9277
Des.. Moines., IA 50306-9277
ADDRESS: Rene. hetzer@mercer.com..
EACH OCCURRENCE $,
DAMAGE 70 PREMISES (Ea. ncTE,1,1 cel $
INSURERS AFFORDING COVERAGE N'AIC #
INSURED
INSURER A: Arch Insurance Company 11150
Donald H. Maynor, APLC
INSURER B:
235 Catalpa Drive
Atherton, CA 94027
INSURER C:
INSURER D:
INSURER E:
INSURER F:.
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
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,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
NSR
TR
TYPE OF INSURANCE.
ADD'ADD'L
INSRD
SUER
WVD
POLICY NUMBER
POLICY EFF
MM1DDf YYYY
POLICY EXP
MWDD/YYYY
LIMITS
GENERAL LIABILITY
EACH OCCURRENCE $,
DAMAGE 70 PREMISES (Ea. ncTE,1,1 cel $
COMMERCIAL GENERAL. LIABILITY'
MED EXP (Any one person)
CLAIMS -MADE F-1 OCCUR
u
'... PERSONAL & ADV INJURY $
GENERAL AGGREGATE $
GEN`L AGGREGATE LIMIT APPLIES PER:
PRODUCTS _ COMPIOP AGG $
$.
POLICY PRO- LOC
JECT
AUTOMOBILE LIABILITY
COMBINED SINGLE LIMIT $
Ea accident!
BODILY INJURY $
Per I
ANY AUTO
BODILY INJURY
Per acdclent $
A
ALL OWNED AUTOS SCHEDULED
AUTOS
HIRED AUTOS NON-OWNIED AUTOS
PROPERTY OAMAGER
Per accident
'UMBRELLA LAB OCCUR
EACH OCCURRENCE S.
''., AGGREGATE $
EXCESS LIAR CLAIMS -MADE
S
ED I IRETENTION $
WORKERS COMPENSATION
WC STATU- OTH:-
AND EMPLOYERS" LIABILITY
TORY LIMITS E^
„__...
E.L EACH ACCIDENT S
ANY PROPRIETOR/PARTNERlEXECUTIVE YIN
NIA
E.L DISEASE - EA EMPLOYEE S � .....��
If yes, describe underI�
DESCRIPTION OF OPERATIONS below u
E.L DISEASE - POLICY LIMIT S
(Mandatory in NH)
OFFCGERJMEMBER EXCLUDED?
OTHER • PROFESSIONAL LIABILITY INSURANCE
11LPL07D9911
0910112014
09/0112015
LIMITS: PER CLAIM: $1,000,000
A
RETRO DATE: Full Prl or Acts
AGGREGATE: $1,000,000
DEDUCTIBLE: $10,000
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 181, Additional Remarks Schedule, if more space is required)
Claims Made
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED
BEFORETHE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED
City of Santa. Ana T INACCORDANCE WITH', THE POLICY PROVISIONS.
20 Civic Center Plaza AUTHORIZED REPRESENTATIVE
Santa Ana, ICA 92702 � "'APPR(I",
The ACORD name and logo are registered marks of ACORD
2-
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M*
A6��Zo CERTIFICATE OF LIABILITY INSURANCE 9Y'221'2
T11
I
mW
lillAMENg W Z ag1w, sic 19 w4m,104711 MAP 144"
NO
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'__W_P0RTA1Nt� Fif th-ei—c—ortIficate -I o Id- eir"Isi'an"Ab IDITIONAL INSURED, the policy(les) must be endors(
t�he terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
e
R
certificatholder In lieu of such endorsoment(s). ---- ---
R
I Steve Fiorentino 'O"D"U C E NA E,
Steve Fiorent�ino Insurance Agency Inc.
PHONE 650-322-3499 k50-323-8231
Ste!ve Ficrentino, Agent INC,,
EbMAIL
StateFarn? _A RESS_SteVeflorqLtno.cgs4@statefann.com
1182 Chestnut Street
Menlo Park, CA 94025
INSURER A � State Farm General Insurance Company
INSURED DonaId H Maynor Attorney INSURER B:State Farm Mutual Autorriobfle Insurance, Ccmp�jn
A Professional Corporation
235 Catalpa Drive 'N"BRIERIk"
Atherton, CA 94027 1 INSURER E; -- -----
COVERAGES CERTIFICATE NUMBER: REVISION NUM ER::
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE SEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PFR765
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 POUCIE�S DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
;U8R CY EXP
LTR'TYPE OF WSURANCE Isso WVD POUCYNUMLIER faIMIDUYyyyl (MM1Dwy)ffyj LIMITS
A X COMMERCIAL GENERAL LIABILITY EACH OCCORRENCE 1,000,000
In rDrIlr
300,
CLAIMS -MADE F _V1 OCCUR
.. ... .......
,
97-CF1003-3 G 1011612015 101161 000
2016 M'EO'E'X_P('A'nyona prre'rs'an)$ 5 000
$
--
2,000,000
.9E,NT AGGREGATE UMIT APPUES PER: GENERAL AGGREGATE S 2,000,000
,000
POLICY LOC 2.000
OTHER� SINGLE UWT —
MOBILE
B AUTOMOBILE LIABIUTY 1,000,000
ANYAUTO 026 1456 -C19 -0S 0911912015 0311912016 B. OOIILY IN r JU RY (Per p - am - on)--
ALL OWNED SCHEOLHLED BODILY INJURY (Per accident) $
U
AUTOS ATOS
NON�OWNED YDAMAGE S
HIRED ALITOS AUTOS
UMBRELLA LIAR
'("UR JACH C_C"P.RENCE------- - ---
00
EXCESS LIAR CLAW MADE AGGREGATE
...... . .....
11,07-1 'RETENTION S $
RKERS COMPENSATION ,_p ON -
AND EMPLOYERS'LIAMLITY YIN
ANY PROPRIETOR�PARTNEMEXECUTNF r---1
OFFICEMMEMBER EXCLUDEW� NIA .......... . .....
(Mandatm In NH) E. L. 04SEASE - EA EMPLOYEE S
H yaae, describe under
DC;SCRIPTION OFOPERATIONS below 'E,t DISEASE POLICY LIM� �T $
ERA17NS I LOCAnONS I VEHICLES JACORD 1T1
DESCRIP Additional Remarks Schedule, may be attached If mom space I. ren.
ADDITIONAL INSUORED:
THE CITY OF SANTA ANA
ITS OFFICERS, EMPLOYEES,
VOLUNTEERS & REPRESENTATIVES
20 CIVIC CENTER PLZ I�X'RSANTA ANA CA 92701-4058t
THE CITY OF SANTA ANA N DATE THEREOF, NOTICE WILL BE DELIVERED IN
ITS OFFICERS, EMPLOYEES, ITH THE POLICY PROVISIONS,
V01LUNTEERS & REPRESENTATIVES
2�O CIVIC CENTER PLZ
SANTA ANA CA 92701-4058
(61988-2014 �CORD CORPORATION. All rights reserved.
ACORD,26 (2014101) The ACORD name and logo are registered rnarks of ACO�RD 1001486 1328499 0,2-04-2014
09122/2015
5
CERTIFICATE OF LIABILITY INSURANCE,
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE. CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE.. POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE. A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If'the certlff tate holder Is an ADDITIONAL INSURIED, the pol'Icyi must be endorsed. If SUBROGATION IS WAIVED, suabjeGt to
the terms and conditions of the policy,, certain policies may require an endorsement. A statement on this certificate does riot canter (rights to the
certificate holder In lieu of such endorsement(s).
PRODUCER CONTACT
NAME: Mercer Consumer
Mercer Consumer, a service Of PHONE FAX
Mercer Health & Benefits Administration LLC AAC ND EXt I' BQp.343 p13 AIC No): 515-2'82-8324
P.O. BOX 9277 E-MAIL
Des Maines, IA 50306-9277 ADDRESS: CABar.servlce mercer.com
INSURER S AFFORDING COVE OE NAIL
INSURED INSURER A: Arch Insurance Company 111150
Donald H. Mayncr, APLC INSURER B:
235 Catalpa Drive
Atherton, CA 94027 INSURER C:
INSURER D:
INSURER E:'
INSURER F:
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THATTHE POLICIES OF INSURANCE LISTED BELOW HAVE. BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERI10
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 HEREINIS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS,
_... ... _.. m_m ._..___ _ _ . __ ._ _._... _._
SR,i
ADD'L SUB�R POLICY EFIF POLICY EXP
TR TYPE OF INSURANCE INSRD VVVD POLICY NUMBER IYYYYi IMMIDD/YYYY) LIMITS
GENERAL. LIABILITY EACH OCCURRENCE
..m.._. ............... ........m__--_-_
Y?AB+>7id,GL rCaChJB
COMMERCIAL GENERAL LIABILITY PREMISCS (Ea gs.currrr
anrc)
CLAIMS -MADE I � OCCUR MED EXP (Any one (person), $ .._....._._.__._
�
PERSONAL & Ai INJURY
GENERAL. AGGREGATE. ...._._ _...._._.__._......._...._
III _.._.._._.._.___.._......._......'.
GEN"L AGGREGATE. LIMIT' APPLIES PER:PRODUC1 S...—GOMP/OP' AGO
'', ._.........._.._................... __..._........... ..... ......_......m._......_.....__..._.._ ..... ..._....._...............
._...--------.-'.--
POLICY PRC- LOC i
JIECT
AUTOM013ILE LIABILITY 1 COMBINED SINGLE I..IMIT
Ea accident _._._.__._...._,.._,.
NY AUTO BODILY INJURY
Per ersran._........_______.............. _...e.._._._........__
ALL OWNED AUTC7SSCHEDULED BODILY INJURY
AUTOS Per accident
HIRED AUTOS NON -O WNED AUTOS PROPERTY DAMAGER
"' Per aeciden8
UMBRELLA LIAROCCUR EACHGCCLURPE.NCE ..
EXCESS LIAn CLAIMS-MADEAGGREGATE 1 3
i
DED I ETENT'ION 5 $
WORKERS COMPENSATION LNC _W U GT°Fi
H-
AND EMPLOYERS' LIABILITY lC1R�l I.IVIIeUTS _. _ER.— ---------
ANY PROPRIETORIPARTNER/EXECUTIVE. YIN NSA I EACH ACCIDENT S
If yes, describe under E.L DISEASE...... EA EMPLOYEE S
DESCRIPTION OF OPERATIONS br:lcrw
(Mandatary In NH) E.IL DISEASE — POLICY LIMOT $ �.
OFFICERIMF_MBE,R EXCLUDED?
OTHER-PROFESSIONIALLIABILITY INSURANCE_...._..._. 11LPL.0709912 0910112015 09101l201l6 LIMITS: PER CLAIM: $1,000,000 .
A RETRO DATE: Full Prior Acts
AGGREGATE: $1,000,000
DEDUCTIBLE 1'10,000
DESCi2 PTION OF OPERATIONS I LOCATIONS C VEHICLES (Attach ACORD 101, Additional Remarks .Schedule, If more space Is required)
Evidence Of Insurance
CERTIFICATE HOLDER CANCELLATION
City of Santa Ana, It leers,. Employees,Volunteers,end SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED
BEFORETHIE EXPIRATION DATE THEREOF, INOTICE'WhfILL BE DELIVERED
Representatives INACCORDAiNCE WITH THE POLICY PROVISIONS,
20 Chic Center plaza i AUTHORIZED REPRESENTATIVE
Santa Ana, CA 927112
pp a+
ACORD 25 (2010105) @1988-20110 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks off ACORD I
9' 9 �00 0
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M
SECTION 11 ADDITIONAL INSURED ENDORSEMENT
Pol.' 97 -CF -1003-3
Named Insured:
DONALD H MA' NOR ATTORNEY
A PROFESSIONAL CORPORATION
236 CATALPA DR
ATHERTON CA 94,027-2002
Additional Insured (include address)
THE CITY OF SANTAANA
ITS OFFICERS, EMPLOYEES,
VGLUNTEERS & REPRESENTATIVES
20 CIVIC CENTER PLZ
SANTA ANA, CA (92701-4058
i
WHO IS AN INSURED, under SECTION 11 DESIGNATION OF INSURED, is amended to include as an insured the
Additional Insured shown above, but only to the extent that liability is imposed on that Additional Insured solely because
of your work performed for that Additional Insured shown above.
Any 'insurance provided to the Additional Insured shall! only apply with respect to a cliairri made or suit brought for
damages for which you are provided coverage.
The Primary Insurance coverage below applies only when there is an 'X'in the box.
CD Primary insurance. The insurance provided to the Additional Insured shown above shail be primary insurance.
Any Insurance carried by the Additional Insured shall be noncontributory with respect to coverage provided to
yoiu
PE -6609
APPROVE]
CD Policy Cho. 9"i -CF -1003-3 FE -6671
Page I of I
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST
OTHERS TO US
PolicyNumber: 97 -CF -1003i-3
Named insured: r)ONALD H MAYNOR ATTORNEY
The City of Santa Ana
Its Officers, Employees
Volunteers & Representatives
20 Civic Center Plz
Santa Ana, CA 92701-4058
The foHowing is added to Paragraph 10.b. of SECTION I AND SECTION 11 — COMMON CONDITIONS.
We waive any right of recovery we may have against the person or organization shown in the Schedule
because of payments we make for injury or, damage arising out of:
a. Your ongoing operations; or
b, Your work done under contract with that person or organization and included in the products -
completed operations hazard,.
This waiver applies only to the person or organization shown in the Schedule.
All other policy provisions apply.
FE -6671
0, Copyright, State Farm Mutual Automobile Insurance Company, 2008
Includes copyrighted materIM of Insurance Services Office, Inc., with its permission,