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HomeMy WebLinkAboutL.A. CHA MAINTENANCE COMPANY0 City of Santa Ana Clerk of the Council AGREEMENT TERMINATION FORM Please complete this form when the attached agreement and all amendments (if any) are no longer in effect. Return form to the Clerk of the Council Office (M-30). Call 647-1520 if you have any questions. The agreement with LA Cho Maintenance COTC Office Use Only No. A-2007-120, A-2007- was completed on 5/31/2010 and final payment has been made. 120-001 (List all amendments. Use space below if needed.) Department: CDA Phone/Ext.: 6537 Signature: Cqd da P. Date: 6/17/15 INSURANCE ON FOE A-2007-120 WORK MAY PROCEED UNTIL INSURANCE EXPIRES fi09•• WC: / /-a8 CUSTODIAL MAINTENANCE AGREEMENT CLERK OF' COUNCIL WE, 6-/N-97 p: c oq (zXG. LoTHIS AGREEMENT, made and entered into this _� day of June, 2007 by and between L.A. CHA Maintenance Company, (hereinafter "Contractor), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"). RECITALS A. The City desires to retain a Contractor having special skill and knowledge in the field of litter control and maintenance services. B. Contractor represents that Contractor is able and willing to provide such services to the City. C, In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Contractor shall perform those services as set forth in the City's Request for Proposals (07-048) attached hereto and incorporated herein as Exhibit A to this Agreement. 2. COMPENSATION a. City agrees to pay, and Contractor agrees to accept as total payment for its services, the rates and charges identified in Attachment C hereto . The total sum to be expended under this Agreement, shall not exceed $425,524.00 for the initial two-year 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 have an initial two-year term with an option for three additional one-year terms. This Agreement shall commence on the date first written above and terminate on May 31, 2009, unless terminated earlier in accordance with Section 12, below. 4. INDEPENDENT CONTRACTOR Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. INSURANCE Prior to undertaking performance of work under this Agreement, Contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Contractor shall maintain commercial general liability insurance naming the City, its officers, 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 Contractor's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence. Contractor shall supply City with a fully executed additional insured endorsement in substantially the form attached hereto as Exhibit B upon execution of this Agreement and shall be approved in form by the City Attorney. b. Reserved. c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Contractor, if Contractor has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Contractor agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. Reserved. e. The following requirements apply to the insurance to be provided by Contractor pursuant to this section: (i) Contractor shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. f. If Contractor fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not effect Contractor's right to be paid for its time and materials expended prior to notification of termination. Contractor waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 6. INDEMNIFICATION Contractor agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, Contractors, special counsel, and representatives from liability: (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 of the Contractor 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 Contractor further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. 7. CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City. 8. CONFLICT OF INTEREST CLAUSE Contractor covenants that it presently has no interests and shall not acquire any interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. No persons having such interest shall be employed by or associated with Contractor. 9, NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 telefacsimile (714) 647-6956 with courtesy copies to: Executive Director of the Community Development Agency City of Santa Ana 20 Civic Center Plaza (M-25) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 647-6549 and, City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 647-6515 To Contractor: L.A. CHA Maintenance Company 18816 San Fernando Mission Boulevard Northridge, California 91326 Attn: Joseph Cha A party may change its address by giving notice in writing to the other party. Thereafter, any notice, tender, demand, delivery, or other communication shall be addressed and transmitted to the new address. If sent by mail, any notice, tender, demand, delivery, or other communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, any notice, tender, demand, delivery, or other communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 10. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 11. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City s prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Contractors retained by City. 12. TERMINATION a. This Agreement may be terminated by the City upon sixty (60) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: 1. As a condition of such payment, the Executive Director may require Contractor to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents to the City s use thereof for such purposes as the City deems appropriate. 2. Payment need not be made for work, which fails to meet the standard of performance specified in the Recitals of this Agreement. b. The City has the option to immediately cancel agreement if Contractor is the subject of any labor disputes. 13. DISCRIMINATION Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. JURISDICTION - VENUE This Agreement and all questions relating to its validity, interpretation, performance, and enforcement shall be 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 shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 15. PROFESSIONAL LICENSES Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of his inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 16, COMPLIANCE WITH GOVERNMENTAL REQUIREMENTS Contractor shall carry out all services pursuant to this Agreement in substantial conformity with all applicable laws, ordinances, statutes, codes, rules, regulations, orders, and decrees of the United States, the State of California, the County of Orange, the City, and of any other political subdivision, agency, or instrumentality exercising jurisdiction over the City, including all applicable federal, state, and local occupation, safety and health laws, rules, regulations and standards, applicable state and labor standards, prevailing wage requirements, the City zoning and development standards, City permits and approvals, building, plumbing, mechanical and electrical codes, as they map apply, and all other provisions of the City and its Municipal Code (as they may apply), and all applicable disabled and handicapped access requirements, including, without the limitation, the Americans With Disability Act, 42 U.S.C. § 12101 et seq., Government Code § 4450 et seq., and the Unruh Civil Rights Act, Civil Code § 51 et seq. 17. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herembelow has the power, authority and right to bind their respective patties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: PATRICIA E. HEALY �fll Clerk of the Council APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney By Lia . Storck Assistant City Attorney CITY OF SANTA ANA RECOMMENDED FOR APPROVAL By. j X—A -- Steph G. Harding, De uty City Manager for Development Services CONSULTANT President ID # 574-74-6887 EXHIBIT A ATTACHMENT B CONTRACTORSSCOPE Contractor shall provide all personnel, all labor, equipment and product to provide cleaning and labor services to the Downtown Santa Ana Area. GENERAL DESCRIPTION The area of responsibility of the litter maintenance contract include the region defined by both sides of the street on the following: Civic Center Drive on the North; French Street on the East; First Street on the South; and Ross Street on the West. (See Attachment E). GENERAL CONDITIONS The following is included as an attachment to the basic contract and must be complied with by the contractor. 1. Contractor shall famish employee identification cards for those employees working. Employees shall be required to wear such identification at all times while on duty. Contractor agrees that the City shall have the right of approval with respect to employees assigned to this agreement. 2. Contractor shall maintain a twenty-four (24) hour, seven (7) day a week telephone and facsimile machine service and shall respond within two (2) hours to clean up any work left undone after the City notifies the contractor of failure to perform. The City shall notify the contract service company by the quickest means possible including facsimile, electronic mail or personal delivery of any and all failures to comply with this procedure. 3. Contractor shall provide a minimum of three (3) individuals capable of communicating the English and Spanish language (read and speak) at all times. 4. Contractor shall designate in writing to the City the name of the person who will officially represent the contractor, and be responsible for communication between the City and the contractor. 5. The contract may he terminated under the following conditions: a. By mutual written agreement of the parties. b. Upon sixty (60) days written notice by City to contractor. C. The contractor may terminate responsibility of contract by notifying City one hundred and twenty (120) days prior to termination date. Item 6 of this Agreement sets forth specific methods of resolving a failure to perform by the contractor, including penalties and steps to termination. 6. The City shall give the contractor written notice of work deficiencies prior to Notice of Default and adequate time to correct. Repeated instances of nonperformance by contractor shall be grounds for termination of Agreement by City. The contractor is engaged as an independent contractor and will be responsible for any federal or State taxes applicable to this contract and for complying with the requirements of all federal and state laws pertaining to income tax with jail, unemployment insurance and other insurance applicable and necessary for its employees. 8. The contractor agrees that the litter control Program covered by this contract shall be performed by carefully selected and efficient employees in conformity with accepted litter maintenance standards and practices. The contractor further agrees that upon request by City the contractor shall remove from premises any employees who, in the opinion of City are guilty of improper conduct or are not qualified to perform the work assigned. Contractor further agrees to provide City with a steady and dependable work force. Employee turnover shall be kept to a minimum. Employees working in the Downtown shall be required to have an interview with City prior to assignment. 9. The contractor shall not engage in discrimination in hiring, selection, retention, promotion, or treatment of any person in receipt of the benefit of any services or activities made possible by, or resulting from, the contract. Discrimination means any act that unreasonably differentiates treatment, intended or unintended, based on age, handicap, national origin, race, marital status, religion, or sex. 10. The City shall issue keys and/or cards to the contractor as necessary for the contractor to perform the services. The contractor shall adequately secure the keys provided by City. The contractor shall not duplicate and shall not allow such items to be duplicated. Any such items that become lost, missing or stolen shall be immediately reported to the City by the contractor. The contractor shall reimburse the City for all direct and indirect costs associated with re -keying any gates, fences or portions thereof when City determines that security of property is in jeopardy as a result of lost, misplaced, stolen or unauthorized duplication of keys or cards issued the contractor. The contractor shall insure that no gates normally locked are left unattended or not locked. The contractor shall insure that during nonbusiness hours any gates/fences unlocked before cleaning, shall be left in a locked condition when cleaning is completed. The contractor shall ensure that under no circumstance will employees of the Contractor admit entry into or grant any access to any locked and/or other restricted areas to any unauthorized person or persons. The contractor shall physically present all keys and access cards for verification upon request by City. 11. When an employee leaves the service of the contractor, the contractor shall notify City within twenty-four (2.4) hours. 12. All contractor's employees shall wear identical uniforms that clearly designate them as employee of the contractor at all times while on duty. Contractor's employees shall never bring alcoholic beverages or narcotics into the facility. Persons that are under the influence of alcohol or narcotics shall be denied work In the event of a dispute between contractor's staff and City staff regarding work procedures, security measures, etc., City shall have the final decision. 13. Contractor shall provide all cleaning supplies, appliances, utensils, equipment, etc. 14. Contractor will provide all prescribed services to approximately 60 blocks of the Downtown Area 15. Contractor shall secure work area and equipment to prevent passage by the general public and City sta$ and shall denote it as such Work area and equipment shall stay under that condition until work is complete, equipment is vacated, and passage is safe by the general public and City employees. The proper quantity and type of safety signs (such as "Caution - Wet Floor) shall be placed by the Contractor's employees every time conditions exist that warrant such signs. Signs shall be provided by the Contractor. Signs are to be picked up and stored in the proper j anitor room once the condition no longer exists to warrant such signs. 16. a. Contractor shall provide one (1) pickup truck for use of Supervisor or his designee. b. OPTIONAL -Contractor shall provide at least one (1) industrial grade tricycle/utility cart appropriately equipped for litter maintenance services. This unit is intended to allow maximum area coverage, especially during periods of reduced staff. 17. Contractor shall provide a gasoline credit card by which the Supervisor can keep fuel in the track. 18. Contractor shall provide a digital camera for use by Litter Team for identifying problem areas. 19. Contractor shall provide an open account at a local Janitorial Supply Store where all supplies necessary for the Program may be purchased 20. Contractor shall supply telephone/2-way radio equipment to all team members to enable the efficient coordination of the team and emergency communication. No Cell Phones, except for lead maintenance employee. PERSONNEL: Employment Standards: The CONTRACTOR agrees that the litter maintenance services covered by this contract shall be performed by carefully selected and efficient employees in conformity with accepted janitorial/maintenance standards and practices. The CONTRACTOR further agrees that upon request by Supervisor, the CONTRACTOR shall remove from the premises any employees who, in the opinion of the Supervisor, are guilty of improper conduct or are not qualified to perform the work assigned. CONTRACTOR further agrees to provide the City of Santa Ana with a steady and dependable work force. Employee turnover will be kept to a minimum. Employees working in the Downtown area shall be required to have an interview with Supervisor and city staff to be approved np •or to assignment Litter Team - Two (2) maintenance employees with one (1) supervisor three (3) days a week (Thursday, Friday and Monday) One (1) maintenance employees with one (1) supervisor two (2) days a week (Tuesday and Wednesday) Three (3) maintenance employees Saturday and Sunday One (1) maintenance employee five (5) days a week (Thursday through Monday) from 4:00 p.m. to 8:00 p.m. Blower Team — Two (2) blower employees five (5) days a week (Wednesday, Friday. Saturday, Sunday & Monday) Services will not be provided on the following holidays: Thanksgiving Day Christmas Day Daily Litter Operation Hours: 8:00 a.m. to 8:00 p.m. Daily Blower Team Hours: 2:00 a.m. to 6:00 am. GENERAL SPECFICATIONS A. PICK UP LITTER AND WASTE "Litter" is defined as, but is not limited to, boxes, cans, papers, containers marked "trash" (or are obviously trash), unwanted or useless materials, or rejected matter. "Waste" includes, but is not limited to, gum, food remains, sewage, excrement, grease, dust, dirt, decals, liquid or dried matter, oily or sticky substances, and graffiti, etc. Remove litter from all outside surfaces including, but not limited to, sidewalks, streets, curbs, ledges, window sills, outdoor counter tops, door frames, alleys, planters, tree grates, store entries and dumpster lids. Remove vegetable waste from tree grates and planters. All litter from such surfaces shall be removed from the Area and emptied into a designated trash dumpster or receptacle in such a manner as to prevent the adjacent area from becoming littered by such trash. Waste shall be removed from all outside surfaces including, but not limited to, sidewalks, streets, curbs, ledges, window sills, outdoor counter tops, door frames, alleys, planters, tree grates, store entries, trash receptacles and dumpster surfaces. All waste from such surfaces shall be removed from the Area and emptied into a designated trash dumpster or receptacle in such a manner as to prevent the adjacent area from becoming soiled by such waste. Waste removal shall be accomplished by the complete and thorough removal of said substances from the area —not by moving it from one surface to another or covering said substances with sand or similar materials. B. CLEAN AND EMPTY TRASH CANS All trash containers within the Downtown shall be emptied and returned to their initial location. Trash including, but not limited to, boxes, cans, papers, and other containers marked "trash" (or are obviously trash) shall be removed, along with the liner. All trash from such trash receptacles shall be removed from the Downtown and emptied into a designated trash dumpster or receptacle in such a manner as to prevent the adjacent area from becoming littered by such trash. Empty trash containers that may become filled prior to the scheduled routine cleaning, particularly between the hours of 11:00 a.m. and 4:00 p.m. daily. Trash containers should never have accumulated trash or waste above the level of the container. Whether full or not, container shall be emptied and cleaned if it is emitting a foul, rancid, or putrid odor or shows signs of insect or rodent infestation. Insert new liners as provided by contractor into trash containers, securing said liners in such a manner as to present a neat uniform appearance and replacing container lids in their correct position. Using a clean cloth or rag as provided by contractor, and germicidal detergent solution as approved by City, remove all waste including, but not limited to, gum, food remains, sewage, excrement, grease, dust, dirt, decals, liquids, dried matter, oily or sticky substances, and graffiti, etc. from the surface of trash containers. Cleaning shall be accomplished by the complete and thorough removal of said substances from the area —not by moving it from one surface to another or covering said substances with sand or similar materials. This includes, but is not limited to, the cleaning of the immediate area surrounding the trash containers. C. CLEAN PARKING METERS All parking meters within the Downtown shall be cleaned on a regular basis from dome to base using a clean, soft, lint -free cloth as provided by Contractor and detergent solution approved by the City. Remove all waste including, but not limited to, gum, sewage, food remains, excrement, grease, dust, dirt, liquids, dried matter, decals, sticky substances, graffiti, etc. Meters shall be left in a "like new" condition. Damaged meters or meters needing more attention than routine cleaning must be reported to the Assistant Director of Community Development Agency or designee. PARKING METER DOMES must only be cleaned with WIPEOUT by Chemsearcb. Damaged domes shall be charged back at $100.00 per dome. D. CLEAN OUTDOOR FURNITURE, BOLLARDS AND LIGHT POLES All firniture, bollards and light poles within the Area shall be cleaned on a regular basis using clean cloths as provided by Contractor and a detergent solution approved by Supervisor. Remove all waste including, but not limited to, gum, food remains, excrement, grease, dust, dirt, litter, liquids, dried matter, decals, sticky substances, graffiti, etc. leaving object in "like new" condition. The immediate area surrounding the object shall be cleaned in the same manner. E. CLEAN ALLEYS Alleys shall be clear of trash, waste, graffiti, furniture, shopping carts, pallets, leaves, and excrement. Large furniture shall be picked up and disposed of properly. Shopping carts shall be picked up and taken to shopping center parking lot. Boxes shall be flattened and placed securely in trash container in such a manner as to not protrude excessively. Excrement shall be picked up and disposed of properly, and area washed down with proper germicidal solution. Contractor shall supply proper tools, rags, cleaning solutions, gum remover, germicidal solution, and graffiti remover. The following are alley locations within the Downtown: • 100 East Fourth Street (south alley) • 100 West Fourth Street (south alley) • 200 West Fourth Street (south alley) • 300 West Fourth Street (south alley) • 400 West Fourth Street (south alley) F. CLEAN BUS STOPS Bus stops shall be cleared of waste, litter, graffiti, shopping carts, leaves, and excrement. Trash containers should never have accumulated trash or waste above the level of the container opening. Trashcan liners shall be replaced accordingly. Excrement shall be picked up, disposed of properly, and area washed down with proper germicidal solution. Contractor shall supply proper tools, rags, cleaning solution, gum remover, germicidal solution and graffiti remover. The following are bus stop locations within the Downtown: • 400 North Main west side of street 300 North Main east side of street • 200 West 5'h street south side of street • 200 East 5'h street south side of street • 100 West Santa Ana Boulevard north side of street • 200 East Santa Ana Boulevard north side of street G. SIDEWALK LEAF BLOWER SERVICES All sidewalks within the designated area shall be cleared of waste and leaves on a daily basis, five days a week between the hours of 2:00 a.m. and 6:00 a.m. H. REMOVE GRAFFITI "Graffiti" is defined as an inscription or drawing made on some public surface. All graffiti found in the Downtown shall be photographed and logged onto a graffiti form. Graffiti will be immediately removed using proper tools, rags, and graffiti remover, leaving surface in a `like new" condition SPECIFIC REQUIREMENTS: The following services shall be required but not limited to in the area of responsibility: • Remove and replace trash bags in all City provided trash containers every 2 hours. • Wipe down trash containers and spot clean City provided trash containers daily • Wipe down and spot clean daily the City provided benches • Wipe down and spot clean City light poles once a week • Clean area surrounding dumpsters in all alleys every day. • Clean and litter pick up the sidewalks and alleys in area of responsibility every two hours • Maintain all tree planters and landscape planters in area of responsibility free of weeds and debris every two hours. • Report any repair requirements in public right of way to Supervisor. • Assist city staff with special maintenance related projects as required. • Supervisor to provide daily/weekly reports detailing assignments and hours • Provide other maintenance services as requested by contract administrator. EQUIPMENT AND SUPPLIES: CONTRACTOR shall provide all tools and equipment to do the litter maintenance service. CONTRACTOR shall provide all disposable products including trash bags, cleaning products, grafitti remover, rags, etc. Mal V) :13 Q Employees shall wear uniforms and ID clearly identifying them as the Downtown Maintenance Crew. REPLACEMENT PERSONNEL: If an employee calls in sick, CONTRACTOR shall provide a replacement person within 2 hours of the daily start time. 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'D 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 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 Policy # _ Issued to this endorsement form as a part of Named Insured Countersigned by 10 Authorized Representative Y ATTACHMENT C s., PROPOSAL f qk {' } Jl 4 r, Estimated Annual Hours Y. Maintenance Employee— 7,072 Lead Maintenance Employee — 2,896 Blower Team Member — 2,080 YEAR2 an y v t Hourly.. Overtime Billing Rate.' Rate Rate Total $9.00$13.50 $ 14.00/hr $ 99,008.00 $13.00 $19.50 $ 20.00/hr $ 57,920.00 $11.00 $16.50 $ 17.00/hr $ 35,360.00 TOTAL ANNUAL AMOUNT $ 192 , 288.00 Hourly Overtime Billing Estimated Annual Hours Rate Rate Rate Total Maintenance Employee — 7,072 $9.50 $14.25 $ 15.00/hr $ 106,080.00 Lead Maintenance Employee — 2,896 $13.50 $20.25 $ 21.00/hr $ 60,816.o0 Blower Team Member —2,080 $11.50 $17.25 $ 18.00/hr $ 37,440.00 TOTAL ANNUAL AMOUNT $ 204 , 336.00 GRAND TOTAL YEARS 1 AND 2 $ 396, 624.00 All charges identified with service cleaning costs and the service of this contract must be included in the above total. 23 FROM : L.A.CHA MAINTENANM CO. FAX NO. : 18183668403 Frei iCDA ADIIWECDN M;) FAX ND. '714697VO May. E"1 :007 0'.'3r p-1 &1 ME A. 98 2? JI :54?n M AT1'ACMAMT C PROPOSAL IW& stet WA be odnpbbd 1n A:e and r*wrAd wbk 0Rna3 Pmposet TMI Hoed` BMN Zdbwgd Amaaal HOW$ Eta" Raw Mdummma Bmploype-7,072 $9.00 S MablOomm&*Wap-Ovwd=Roo 513.30 S= Emdbfaot=32rBmok*100-21896 $13.00 S Load M*Wmm opBaplayae-Oi+aed Rain $19M S31. Rc slow Tm Member — 2jM S11A0 S St wwTwmMMpb&%OwrdmeRau S16.Si? $ .71, TOTAL ANNUAL AMOUNT S YBAR2 >aaw�y iGamatedAmeaalHeuta Rah Raw AmodnDeomoe Eamployoe —7,072 $040 $ Maimmmde Bmplap * 0vwdme Rate S14M Sa.:!° Im d lvlabodmeaee Empbyoe-2,896 $13.90 S C4dMaWWROeSMp109m.AvwdMRSta S20.25 Ste' Blower Team Malbw-2,030 $11.50 S Blower Teen Manbet 0migme Rate $17.25 $.27 TOTAL. ANNUAL AMOVNT s GRANDTOTALYEARSIAND2 C Total S S--- AU dump a ktaodSed wiffi sarvke a'unbag costa and die awAm of this owt=1M be inelttlad In tote above 1ata1. 23 CONSENT CALENDAR Motion: 1. Direct the City Attorney to prepare and authorize the City Manager and Clerk of the Council to execute an agreement. AGMT NO. 2007-117 - With Jones and Stokes in an amount not to exceed $20,000, pending receipt of funding from developers. 2. Approve an appropriation adjustment. (Requires Ave affirmative votes) APPROPRIATION ADJUSTMENT NO. 07-117 - Recognizing $20,000 in the 2006-2007 FY revenue account for environmental review fee for the California Palms transient/residential hotel and appropriating $20,000 to the Planning and Building Agency 2006-2007 FY budget allocation in the account for contractual services for payment to Jones & Stokes. 25.C. AGMT NO. 2007-118 -ANIMAL LICENSE FEE COLLECTION PROGRAM - Renew the agreement with Civic Collections, Inc. for an additional one- year term in an amount not to exceed $100,000 — Police Department 25.D. AGMT NO. 2007-119 — OFFICE SPACE LEASE AGREEMENT - With Mexican American Opportunity Foundation - Community Development Agency 25.E. AGMT NO. 2007-120 - LITTER CONTROL AND MAINTENANCE IN THE DOWNTOWN — With L.A. CHA Maintenance Company for a two year period with a provision for three -one-year renewals - Community Development Agency 25.F. AGMT NO. 2007-121 - THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS PROGRAM FY 2006-07 - Execute an amendment between the City of Santa Ana and The County of Orange Health Care Agency in the amount of $30,750 - Community Development Agency 2NJ With the County of Orange Probation Department in an amount not to exceed $35,000 — Parks, Recreation & Community Services Agency Motion: Direct the City Attorney to prepare and authorize the City Manager and Clerk of the Council to execute agreement. MOTION: Alvarez SECOND: Bustamante VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Pulido (5) CITY COUNCIL MINUTES 178 MAY 21, 2007 PRESENTATIONS CERTIFICATE OF RECOGNITION presented by COUNCILMEMBER BENAVIDES to Calvary Church recognizing their support for "Adopt -A -Park" at Cabrillo Park CERTIFICATE OF RECOGNITION presented by COUNCILMEMBER BUSTAMANTE to Tony and Leticia Bucio recognizing their Top Finish Collision Center and investment in the community CERTIFICATES OF RECOGNITION presented by COUNCILMEMBER MARTINEZ to the participants and sponsors of the First Annual Santa Ana Nutrition -Fitness Fair CERTIFICATE OF RECOGNITION presented by COUNCILMEMBER MARTINEZ to Juan Flores recognizing him as an "Emerging Youth of Santa Ana" CERTIFICATES OF RECOGNITION presented by COUNCILMEMBER MARTINEZ to Mike Gonzales, Alex Vega, Maria Ibarra, Nativo Lopez and Albert Castillo for their efforts in maintaining a peaceful Immigration Rally on May 15t CERTIFICATE OF RECOGNITION presented by COUNCILMEMBER TINAJERO to Alicia Berhow commending her on her five year's of service with Congresswoman Loretta Sanchez Councilmember Tinajero left the meeting at 7:28 p.m. CONSENT CALENDAR Mayor Pulido announced the following modifications to the Consent Calendar: ■ Mayor Pro Tern Alvarez pulled Item 25.G. for separate discussion Motion: Approve staff recommendations on the following Consent Calendar items. MOTION: Alvarez SECOND: Bustamante VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Pulido (5) NOES: None (0) ABSTAIN: None (0) ABSENT: Sarmiento, Tinajero (2) CITY COUNCIL MINUTES 173 MAY 21, 2007 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 21, 2007 TITLE: AGREEMENT AWARD FOR LITTER CONTROL AND MAINTENANCE IN DOWNTOWN SANTA ANA (RFP NO. 07-048) CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2n0 Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute an agreement with L.A. CHA Maintenance Company for litter control and maintenance in the Downtown for a two-year period with a provision for three one-year renewals. The Downtown area includes approximately 600 retail, service and professional businesses. The comprehensive scope of services includes: litter pickup and trashcan maintenance. Additional services include painting; cleaning parking meters, light poles, bollards and outdoor furniture; sidewalk -blowing to assist street sweeping; and maintaining high standards of cleanliness for alleys and bus stops. A Request for Proposals was advertised on April 25 and 26, 2007, and proposals were solicited. A summary of the proposals requested and received is as follows: 10 Request for Proposals mailed 6 Request for Proposal mailed to Santa Ana vendors 2 Proposals received 0 Proposal received from a Santa Ana vendor On May 7, 2C07, two proposals were received. The proposals were evaluated by a City team comprised of representatives from the Public Works Agency and Community Development Agency using the following criteria: organizational credentials, experience, work plan and pricing. The maximum obtainable score is 500. The ratings for the two respondents are as follows: 25E-1 Agreement Award for Litter Control and Maintenance Services May 21, 2007 Page 2 FIRM LOCATION PRICE PER ANNUM RATING L.A. CHA Northridge, CA $196,234 / first year 371 Maintenance $209,290 / second year Company Pacific Building Costa Mesa, CA $189,620 / first year 344 Care $199,740 / second year The proposal from L.A. CHA Maintenance Company received the highest overall rating, is responsive to the specifications and meets the City's requirements. The L.A. CHA Maintenance Company proposal included an extensive work plan and demonstrated the organizational credentials and staff experience necessary for maintaining the Downtown. They are currently providing these services for the Downtown and have consistently demonstrated the ability to provide a high standard of service. Staff recommends an agreement with L.A. CHA Maintenance Company for the annual amounts of $206,234 for the first year and $219,290 for the second year. This includes $10,000 for additional work, if needed. The agreement term will be from June 2007 through May 2009. FISCAL IMPACT Funds for the first month of the contract are available in the fiscal year 2006-2007 Downtown Maintenance Fund (account no. 407-933-6291). Funds for the duration of the contract term will be included in the proposed 2007-2008 and 2008-2009 budget. 4J, e Sten G. &arding Deputy City Manager for Development Services Community Development Agency SGH/GL/mlr APPROVED AS TO FUNDS AND ACCOUNTS: A^Francisco Gutierrez Executive Director Finance 6 Management Services Agency H:\ACTT0N8\2007 CC\AgreeAwardLandscape5ervices 5-21-07.doo 25E-2 • •FPQM : L. A. CHR MA I NTENRNCE CO. FAX NO. 19183668493 Mar. 2^_- 2F307 i ] : = HI9 - NDr?t-2007I'13an OnTF LIABILITY Rt-.I _CERTiFIG,-.TE_OF _ __ PaCLticFR I\$;J2i,:VCE 's:dC I631,E�P."tCF -E,a,. •-SU _I_�_ISUCE ^TA* CERTIFICATE IS ISSUED AS A NATTER OF INFI'RMAnOA' . jcn R�Tt BHIR'il BLVD tt3cli OtGlle. DTHi$08CRTlF(CAT! NFeRS NO RtpOE9S NOT AMEND. EF: RND tTIFJCATE OR AL7%R THE COVERAGE AFFORDED BY THE POLICIES BEI W. f5 hFvELES CA 3,: C _ C LC INSURERS AFFORDING COVERAGE _.: EN''.'URS slixJP_ '_7: __%,I:_ f4 ;..b• l _. rl.C.`". Slvi,. INSLtaEAE STATE E' Nf• m. DBA: L.A. (-4A MAINTENANCE '',.NwNErc 18^e 16 9AN :7?$NANDO N=3S:0?a a!:,, VSt:r.E0. D..... I NCATHdIUCC _ CA 9132E RIsJ,Rwc: `f 1112 ANY GERMAL UAftm" -LwzN:LAI GFMEM AEiL CV.IMS NLNt: iC GCGUR BELOW HAVE SEEN LSSI:ED TC THE :MSURW NRMED ABOVE POR T-F_ POLICY FEMOD NOCATRO, Nl�o tbTANO!N�.a TWN OF ANY CONTRACT OR OTHER DOClMIRNT 'ARTH RESPECT TO 'A'HCHi THIS CERTIFKATE MA'• JE SS:;ED OR iDED SY THE POLICES DE$CMRED HEREIN IS S:JQFIIT TO ALL THE TF.RIA^a, 6XCLUS:O�S A'JD CON^:90 uF i:ICH µAY HAVE BEEN RBOUCED BY PAID O.AIM[- POOCY NLVA&IR •—__ drE iEtYYS Tyryi�� d S iicJl; .. ._ V uxrs _ .. ' , LeACH OCCJnF'n GE. .. - ,LI � 11GC SIRE GANt,CE UN mt flP) - •'� IAED EfiPiA!ry R1E CdFNT) - ��'!�i" CC?393437 / C. P5559_3 =?/:; 2v9. 12/_; 22:;? o-ERSDKi.3AOP:NJUR" --`-, cENEltxx�3Ai=- s -- Cp; DEG GEHt ACCREOA?E IJNRAM'i1pp PER >RDOUC�S.CFVO�aGCi , , AYTDNOpLLRUMINTY F7PKi3 UNIT y ANYAUTO _..__ ..... _...... LLS VWWOAMS FODILPLW Y INJURY SGMEONLED AItiCS 'IPP�; _._...._. xtlISD.WTDB POOLLY.N.IURY _ NOILOWMr0AUT0p I���G_„ .. • PROPERTY ]AWGE ' � GApADE WBILnY I AUTD W i-EA ACGDEK' . i ANYAUPD 'OITi�ERRTwWv ,FANG a ' iI AI,TOONYY AGG i _ IXWgL1Ni'.I}Y ,fsC_H DCCJRRLN(:E�f ._. _ t OL'CUR tl.IJNRfMOE AGGREG]TE,,, ___. S ( ReTealaF �-:'�_T4,TY —_•....--J' ,TDRpN19 CD1EC1pATIWI ANO a _. 5.......�. ER+--. � 01P(DYFItS'LtApIUTY B 1?6y3.v—a'r 1:1/zcDT vl/2oo E�EAGn %,SCIDENT ;s _ i J�•).'uE�...^,� °_ O'dFAFE. cA EL1PLDYSa: S !.]'-. i l t:.'_IR,SEASE-RUUCYLLLRT e. �D:). COC'I CTHEE i i OedCRf•EWM DPOPCMTNMIryLOCAY Itl2'dEE.OLLWRNEADClO pY FNDORFAIENTJ:FfCUt •RDUSIOLi6 —� ;7F.t CITY OB 9At:;A ANA, r „N4 T V'• C e MST ITv DFFT CERd,=�C.-E_. A^.EVT_ FVD F.E FEL.n Ee.'_tTI': _;S Nat,:F' I ry ' ADJIT:OhT`.. INSDP.EC. %D-'T_ODiA:.. T 4 T _ PLCSSE� .CO!?�iEScCSF.: ^3NE_AL :.IABIL_T" �N pi^']?SE.i":e 1? ^- 9B. j IC?. POISCY NO. '^.CP39343? TERMS 3ETW:ZN _2i1/2005 - 12/1/2706 I Ic_ PDLICY NO. CCP4549:? TEAMS B21WEEN _2i 1/2GC5 - 12i1/2007. � ENQn1 nJ.s'YOFTRSA®uEDFyCpIpFO FOIfaFS Pf :ANCFJ.tFD 8EOg6 +E En+iFaTION 17FF C17! OF SLVIA ANA � pAip HFApGF,TK PJpUNG.NAUPF+w.LL. rtGtiGiS ka:L :Ave ,N0.,rt�yrsu I NGYICE TOTYE CERTFTCATE MOLDER NY.ICD Try THE LEF'.:GYd41:dIPY>�3K 5�1.� 7B9i 75:QlIF D92cOSi4l F H@QK'OfE4FiQDBpB' 'AimL:x6FK ao c2 _c � "ITZR KAZA- 1 AIRMOR@O RSPREEEIRATNE �SANA AVP. Cs. 3i"�92 ACORD TSS (7197; m ACORD CORPCItAT10N 1PBS _M'.LM/u,.PYa'Yl,1C!_11W WLFrNw tP. Wvr19Bm3L^f/N-,�::^Cy tlewrypne P^a'C� AP ROVED AS TO FORM I { al Stitt Sce-c /L Assistant City Attor., ev R. CHR MRINTENRNCE CO. FAX NO. : 181835684@3 Mar. 21 20071 11.4 qj ADDITIONAL INSURED ENDORSEMENT Insurance Company CENTURY SURETY This endorsement modifies such insurance as is afforded by the provision of Policy # CCP454918 relating to the following: 1. The city of Santa Ana, 20 Civic Center Plaza, Santa Ana California 92701;its officers, employees, agents 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 nained insured. 2. With respect to claims arising out of the operation 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 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 12/01 /06-12/01 /0] this endorsement form as apart of Policy# CCP454918 Issuedto City of Santa Ana Named insured APPROi1Ei) AS To FORIA - -2 — Laura Stitt Snaedy Assistant City Attorscv A - zoo? - [ate ACORD,, CERTIFICA! _ OF LIABILITY INSUR. VCE I DATE122F/200007' PRODUCER INSURAN�_'E LAND INSURANCE SERVICES THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION 403ll WTLSHIRE BLVD Vu!) ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. LOS ANGELES CA 90010 (213) 38P-5505 INSURED L.A.C.M. INC. DBA: L.A. -HA MAINTENANCE 18816 SAN FERNANDO MISSION BLV NORTHRIDGE CA 91326 INSURERS AFFORDING COVERAGE INSURERA: Western World Insurance Company (A+) INSURERB. Granite State Insurance Company (A+) INSURER C. �'ni'=ed Finan,�ial Casualty Insurance Co INSURER D' THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTNE LTR DATE MMIDD/VY POLICY EXPIRATION LIMITS DATE MM/DD/Y1' GENERAL LIABILITY EACH OCCURRENCE $ I, 0n0, 010(J X COMMERCIALGENERALLIABILITY FIRE DAMAGE(Anyanefinin $ I00, COO CLAIMS MADE X OCCUR MED EXP(Any one person) $ 5, 000 21 NPPI142566 12/1/2007 12/1/2006 PERSONAL ADV INJURY $ 1,001),0(JO GENERAL AGGREGATE $ 1, 000, l)(I to GE N'L AGGRE GATE L IMIT APPL IES PER PRODUCTS - COMP/OP ADS $ '�-, 000, 01)Q POLICY PRO- JECT AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ i, 011 (I, 0Q0 ANY AUTO (Ea ancidenll ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per Penson) 3/25/200Ei $ i ?� 1`� 9 9/25/2007 0.0685 9- HIRED AUTOS BODILY INJURY $ NON -OWNED AUTOS (Per accident) X Specified Auto PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY AGO $ EXCESS LIABILITY EACH OCCURRENCE S OCCUR CLAIMS MADE AGGREGATE $ DEDUCTIBLE $ RETENTION S $ X WC STATU- 01 WORKERS COMPENSATION AND TORY LIMITS ER EMPLOYERS' LIABILITY 1, 600, U')U B W(1jOR 530I 1i_/2008 1/1/2i�U5 E. L. EACH ACCIDENT $ E L. DISEASE - EA EMPLOYEE $ 1, 000, 000 EL DISEASE POLICY LIMIT $ 1, 00U, Iwo OTHER DESCRIPTION OF OPERATIONSILOCATIONSNEHICLESIEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS CF.PTIFI('A:TE HOL_)F,R IS AS AN ADDITIONAL INSURED. /`CDTICIn ATc WWI nFD Anmmniunl iucnaFn iNRURFR I FTTPR CANCFI 1 ATU1N SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION (-IT,I OF SANTA ANA DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN COMMUNITY SERVICES AGENCY NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR U CI V I:' CENTER PLAZA, M-2 S Fr-1 BOX 198r REPRESENTATIVES. AUTHORIZED REPRESENTATIVE li A rA yL^02 SANTA ANA % , ACORD 25-S (7197) LM LPW v1 98 on ID28)0] 11 09 by UserNarre �('a f.,, n vi`e P LPW v1 9P01212817,11.14 DyU La' n5lu Y © AGURD CURPORA I ION l UEU PF v1C1 CoC C71rll �C9 FROM : L.A.CHR MAINTENANCE CO. FAX NO. : 18183668403 Jan. 28 2008 12:40PM P3 ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY POLICY Insurance Company WESTERN WORLD INSURANCE This endorsement modifies such insurance as is afforded by the provision of Policy # NPP1142566 relating to the following: 1. The city of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701;its officers, employees, agents 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 operation 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 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 1 2 / 01 / 2 0 0 7 -1 2 / 01 / 2 0 0 8 this endorsement form as a part of Policy # NPP1142566 Issued to City of Santa Ana Named insured Countersigned