Loading...
HomeMy WebLinkAboutPETERSON GROUP, THE - 2008 INSURANCE ON FILE WORK MAY PROCEED UNTIL INSURANCE EXPIRES I - aR -oafUNC CLERK OF COIL D TE: 1 5_v CONSULTANT AGREEMENT A-2008-305 THIS AGREEMENT, made and entered into this 17`h day of November, 2008 by and between The Peterson Group, Inc., a California corporation (hereinafter "Consultant"), 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 consultant having special skill and knowledge in the field of marketing and public education. B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall create and deliver marketing and public education services for the Santa Ana Energy Efficiency Partnership, as set forth in Exhibit A to this Agreement. The Parties anticipate that additional funds will be made available for additional Energy Efficiency Partnership marketing and educational projects. If such funding is made available, future projects may be approved, in writing, by the Executive Director of Public Works or his designated representative. 2. WARRANTIES - OWNERSHIP - WORK FOR HIRE Consultant warrants and represents that it has the absolute right to enter into and perform this agreement and will perform its obligations hereunder in accordance with standards and practices prevailing in the industry. Consultant's contribution to the Project, including works to be produced by Consultant hereunder, will not infringe or misappropriate the proprietary or personal rights of any third person or party. Tangible visual and expressive creations including logos, stylized graphics, slogans, marks, brand dress, catch words or phrases, new photographs, new text, new audio or visual recordings and the like shall be deemed to be works for hire as defined in the United States Copyright Act and the City will be deemed to be the owner of such work. Consultant shall retain an interest in all other aspects of the work product and development including without limitation know how, ideas, skills and general knowledge obtained during development. Notwithstanding anything contained herein to the contrary, the City shall not obtain ownership or authorship rights to any preexisting tangible or intangible thing including, without limitation, software, applications, concepts or functionality. Consultant shall retain ownership and authorship of any software created, developed or adapted for the City's use and shall grant the City a license, at no cost to the City, for its reasonable use by executing a license agreement which complies with the terms of this Agreement. 3. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified in Exhibit A. The total sum to be expended under this Agreement shall not exceed $390,000.00 during the term of this Agreement. Consultant acknowledges that $250,000 of the total funding for the project is contingent on CPUC approval. 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. 4. TERM This Agreement shall commence on the date first written above and terminate on December 31, 2009, unless terminated earlier in accordance with Section 13, below. The term of this Agreement may be extended upon a writing executed by the Executive Director of Public Works and the City Attorney. 5. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended not shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence. Consultant shall supply City with a fully executed additional insured endorsement in substantially the form attached hereto as Exhibit B upon execution of this Agreement and shall be approved in form by the City Attorney. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non-owned automobiles. c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Consultant is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim. e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. f If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required 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 Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. INDEMNIFICATION Each party to this Agreement agrees to indemnify and hold the other party harmless from and against any and all damages, liabilities, actions, suits, proceedings, claims, losses, costs and expenses including, without limitation, reasonable attorneys' fees, caused directly or indirectly by or as a result of that party's breach of any obligation under this Agreement, or a failure of that party's representation or warranty given hereunder. 8. CONFIDENTIALITY Except as required by the California Public Records Act, each party to this Agreement ("Receiving Party") agrees that it shall not, at any time, disclose to any third party, not a party to this Agreement, any Proprietary Information of another party to this Agreement ("Disclosing Party") which has been disclosed to it by Disclosing Party except with the prior written consent of the Disclosing Party. Proprietary Information means information, ideas and materials of or about Disclosing Party, its affiliates, customers, clients and vendors, which Disclosing Party takes reasonable steps to keep confidential and may include information, ideas or materials relating to technology, intellectual property, products, plans, processes, employees, finances, but does not include information which is or becomes generally available to the public other than as a result of a disclosure by the Receiving Party in violation of this Agreement; was available to the Receiving Party on a non-confidential basis prior to disclosure by the Disclosing Party; or becomes available to the Receiving Party on a non-confidential basis from a person in legitimate possession of such information who is not otherwise under an obligation not to transmit such information. 9. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 10. 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 Fax 714-647-6956 With courtesy copies to: Executive Director of Public Works City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, California 92702 Fax 714- 647-5069 and City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 Fax 714- 647-6515 To Consultant: Alan Peterson, Jr. The Peterson Group, Inc. 180 Newport Center Drive, Suite 270 Newport Beach, California 92660 Fax 949-721-8434 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, 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, 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. 11. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 12. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 13. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 14. DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 15. JURISDICTION -VENUE 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. 16. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 17. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the 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: f PATRICIA E. HEALY Clerk of the Council CITY OF SANTA ANA DAVID N. REAM City Manager APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney N By: Laur Sheedy Assistant City Attorney APPROVED AS TO $xecutive Director Public Works Agency THE PETERSON GROUP, INC. ALAN PETERSON, JR. President/CEO 33- MWo31 Employer ID # or Individual SS # EXHIBIT A CS 1102.01- V'N[ x(,A7 h'H /( JI_1N(,YPRy(,R_jAT _30 Q(,TOI3L R 2008 EXECUTIVE SUMMARY Thu Peterson Group (TPG) has been engaged by the City of Santa Ana (City) in partnership with Southern California Edison (SCE) to develop an "Energy Efficiency Partnership Program "Welcome Kit" and distribute these kits to each single family household by the end of this year. TPG will develop the Welcome Kit program and its components and coordinate and manage the production and distribution. The City and SCE are seeking to take a leadership role in the move toward energy efficiency and conservation. The program's goal is to reduce consumption of electricity among Santa Ana residents and businesses by promoting the cost, convenience and environmental benefits of products and practices that promote energy efficiency via an effective public education program and activities. The Energy Efficiency Program Welcome Kits will serve as an introduction to the Partnership's three-year program, presenting an opportunity to raise awareness and encourage participation. Bits will be delivered to the 40,000 single family homes in the City of Santa Ana. PROGRAM COMPONENTS The recommended Energy Efficiency Program Kit would consist of the following components: • Discovery and Strategic Conceptualization: TPG will conduct situational discovery, strategy development and tactical planning for the program to determine the Partnership's specific needs, goals, benchmarks, expectations and budget. • Visual Concept/Logo/Slogan: Development of an overall "look at and feel" (color scheme, fonts, image, style, etc.) as well as a dynamic logo and memorable slogan for use on all program-related materials. Ongoing communications, including strategic in-person consultations and presentations - as needed - will facilitate the development of powerful visual and messaging elements that can support the campaign throughout its entire lifecycle. • Recyclable Bag: A branded bag with the Energy Efficiency Program logo and slogan prominently displayed. One-color and two-color option. TPG will source a creative solution for a recycled content plastic, paper or content bag that will further theme the "green" and "conservation" effort of the overall program. The bag will hang from the door of resident's home and contain a number of promotional items, including a CFL, nightlight, magnet, sticker and informational brochure. • CFL: Individually packaged CFL in a branded box that features the Energy Efficiency Program logo and slogan to promote immediate adoption of community energy reduction. • Custom CFL Box: Individually packaged CFL in an Energy Efficiency custom designed and branded box that features the program logo and slogan. • Magnet: Development of a magnet chat could be in the shape of a CFL. The magnet is a fun way to promote the program and key contact information and can easily be displayed in homes and businesses. • Sticker: Development of an eye-catching sticker that promotes the program and includes the program logo and slogan as well as a contact number for further information. Stickers could be vinyl with non-permanent stick surfaces so that they could be moved at will without leaving adhesive damage. • Brochure: Development of a 6-x-9-inch, four-color tri-fold brochure that tells the Partnership story in an emotionally compelling manner, explaining its goals and describing the role residents and local businesses will play in its success. Designed to engage target audiences and promote program adoption. • Fact Sheet: Development of a one- to two-page document that describes the City of Santa Ana/Southern California Edison Partnership and provides essential background information to both internal and exterior audiences. Fact Sheet information could include the program's official name, mission statement, principal objectives, key contacts with email addresses and phone numbers, times and locations of scheduled events, etc. PROGRAM INVESTMENT SUMMARY i;P? PC?RECC7TibttgU?EUS>31tV1SPQ1??i ?G7, F DISCOVERY AND PRELIMINARY PROGRAM $4,000-$5,000 DEVELOPMENT: TPG will conduct situational discovery, strategy development and tactical planning to determine the Partnership's specific needs, goals, benchmarks, expectations and budget. VISUAL CONCEPT/LOGO/SLOGAN: Development of an $7,000-$8,000 overall "look at and feel" (color scheme, fonts, image, style, etc.) as well as a dynamic logo and memorable slogan for use on all program-related materials. On-going communications, including strategic in-person consultations and presentations - as needed. BROCHURE(S)*: Development of a brochure that tells the $4,00045,000 Partnership story in an emotionally compelling manner, explaining its goals and describing the role residents and local businesses will play in its success. Designed to engage target audiences and promote program adoption. MAGNET(S)*: Development of a magnet that could be in the shape $80041,200 of a CFL to promote the program. STICKER(S)*: Development of a program sticker to promote the $800-$1,200 program and disseminate key contact information. FACT SHEET: Development of a one- to two-page, 8.5 x 11 $2,500-$3,000 document that describes the City of Santa Ana/Southern California Edison Partnership and provides essential background information to both internal and exterior audiences CUSTOM CFL BOX: Development of an Energy Efficiency custom $3,000-$3,5o0 designed and branded box that features the program loo and slogan. Estimated Total Investment for TPG Services: $22,100-$26,900 ESTIMATEDPBODUGTION COSTS FORTtGltvtYkT 3tG$°;+ .,-FT $'' lA`41.Ps1t3 EFPICIENCY$ROGAA14YJT BAG(S): Recyclable, branded bag with the Energy Efficiency Program $11,000-$14,500 logo and slogan prominently displayed. Range reflects one-color and hvo-color option. BROCHURE(S)*: 6" x 9", tri-fold in four-color. Paper stock is FSC $7,000-$7,500 certified with a minimum of 25 percent consumer waste content. MAGNET(S)*: Printed on recycled paper. Range reflects one and $10,000-$12,000 two color option. STICKER(S)*: Static cling decals to adhere without adhesive to $3,50045,000 smooth surfaces. Range reflects one and two color option. CFL(S) **: Individually packaged CFL in a branded box that features $55,200 the Energy Efficiency Prograrn logo and slogan. Estimated Total Investment for Production Services: $86,700-$94,200 10 '0QI?:?I11I` gST1nIlTED11SfiI?A _ f#l)fr., r?; : ,1 ASSEMBLY: Assembly and final boxing of 40,000 Energy Efficiency $12,000-$17,000 Program Kits. DOOR HANGER DISTRIBUTION: Door to door delivery of $14,000-$18,000 40,000 Energy Efficiency Program Kits. Estimated Total Investment for Assembly and Distribution $26,000-$35,000 Services: - L'14Y dAf k„ 7?aA}t+" S iE ?? 4y# ? ° I W C l*16At} S $ ll s yg it3I3pd , BA ' ll e i?> ,, A- Estimated Program Investment: $134,800-$156,100 *Tbese tools could be adapted to promote subsequent Energy Effideng programs and events. ** Pricing shown is provided by Edison. TPG will seek and propose to the City optimal products from its sources to optimize pricing and program eechreness. Therefore, TPG may be able to ordure these prices by wring alternative sources. Pricing is based on preliminary concepts. Estimates will not exceed the range shown, or a specified "nol-lo-exceed cost," without the approval of the City ofSanla Ana. The program components and concepts are subject to change pending father discovery and strategic conceptualization to maximize program effectiveness and City approval Category Rate Account Coordinator $ 130.00 Administrative Support $ 70.00 Chief Executive Officer $ 342.50 junior Copywriter $ 130.00 junior Graphic Designer $ 130.00 Program Manager $ 152.50 Proofreader $ 107.50 Senior Copywriter $ 185.00 Senior Graphic Designer $ 185.00 11 EXHIBIT B ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY POLICY Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy # relating to the following: 1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its officers, employees, agents, volunteers and representatives are named as additional insureds ("additional insureds") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. 2. With respect to claims arising out 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 Authorized Representative 12 DatA:•11/17/2008 Time: 2:39 PM TO: 8 17147313806 • Page: 002 DATE (YYADffyM CORD CERTIFICATE OF LIABILITY INSURANCE 11 17 !GDS A THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UP•)N THE CERTIFICATE PRODUCER (949) 970-2111 PAY: (949) 410-2126 OR EXTEND ND , Superior Access Insurance Services Inc AHOLDE LTER THE CCIOVERCERTIFICATE DOES N07 AME S BELOW. AGE AFFORDED BY THE POLICIE 5 Oldfield 92618-2924 INSURERS AFFORDING COVERAGE NAIC# G Irvine ,ti_a;PEF A Hartford Casualty Ins Cc 29424 INSURED The Peterson Group Inc INSt FIFE 180 Newport Center Dr #209 NI-PEFC i'tY,Y+P V Newport Beach G 92660 IN9.PEP E "1 1 THE POLICIES OF INSLI OU FOR THE POLICY PERIOD RICA "ED- NOTWITHSTANDING ANY INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED, RESPECT TO WHICH THIS CERTIFICATE MAY IE ISSUED OR MAY PERTAIN. T H REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WI HE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONIIT IONS OF SUCH POLICIES. THE INSURANCE AFFORDED BY T POUCY EFFECTIVE POLCY EXPIRATION LIMITS ' Y INSR DDl POLICY "SIR DATE M DATE MMJODA QQQ TYPE OF INSURANCE _ 2 QQQ ? GENERAL UABILffY ?'uEA--TC - FEt:-E _ S 300,000 Y c:v': ==_5=-`+EF S_uA=.'IT' C 10,000 1/29/2008 1/29/2009 ;•EG c;r.r. ae . Esc., f A Y - -:•_vA_: ®72SBAAA1945 000,000 f 2 - , :: r. ?.f Arn: t> 4,000,000 4 000 000 Y =-. _. F._, - AUTOMOBILELIABLffY _'••=•'"?I'LE T S 2,000,000 c3 2:: Y':: Y 7??. _ v3?: _.r S GARAGE LIABILITY ., Oa. A a Tp g .. EXCESSMMBRELLA LABILITY " - -_- ,ca, Y, era -'. Ty. T F.? YARNERS COMPENSATION ANO EMPLOYERT LIABILITY "EP , ` ... ?. .- .C. C- E ELC$[A> •La.T S OTHER DESCRIPNON GF OPERATIONSLOCAMONSNEMCLESEXCLUSIONS ADDED BY ENDORSEMEMISPECIAL PROVISIONS City of Santa Ana added as additional insured(vondor) City of Santa Ana 20 Civic Center Plaza Santa Ana, G 92701 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. THE ISSUING NSUREI WILL ENDEAVOR TO MALL 10 DAYS vraTEN NOTICE TO THE CERTIFICATE HO DER NAMED TO THE LEFT. BUT FAILURE TO DO BO SMALL IMPOSE NO OBLIGATION OR L %B LIrY OF ANY KIND UPON THE I THORDEDREPRESENTAme . . C.._ I• INS025 ° -- late: 11/17/2008 Time: 2:39 PM TO: 8 17147313808 Page: 003 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies rray require an endorsement A statement on this certificate does not confer rights to the certificate holder it lieu of such endorsement(s)- DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract bet"m the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001103) _ INS025 %- --- D4tp: 11/21/2008 Time: 9:35 AM To: @ 17147313806 Page: 001 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. POLICY CHANGE This endorsement changes the policy effective on the Inception Date of the policy unless anothe date is indicated below: -^ Policy Number: 72 SBA AA1945 :.X n T 0 r O O 7 a a 0 O 0 ilk i i_ 1! s i? sa as !sue ;ems in i? dill; COPY Named Insured and Mailing Address; --.u PETERSON GROUP. IUC. 16G ti>k?ORT CENTER 1R-VE f27C N-@PORT BEACH C3 93660 Policy Change Effective Date: 11; 141106 Effective hour Is the same as :Mated in the Declarations Page of the Policy. Policy Change Number: O04 Agent Name- SJPERIOR ACCESS I1IS S2VC 71[C.'PFS Code: _alaao POLICY CHANGES: HARTFORD CASUALTY IIISURAITCE COMPANY ANY CE .NOES :N YOUR PREMIUM WILL EE RcFLECTED IN YOUR [TEXT BI:LI11; STA-EMEN'2. TFIS IS NCT A BILL. NO PREV.-'jm DUE! AS OF POLIC7 ::FANGE EF?ECTIVE DA-n F^RM \'TS^RS OF EITDORSENEHTS REVISED AT ENDORSEMENT ISSUE: 13[12001155 ADDITIONAL INSURED - PEPSO1T-ORGA\=ZATi Ct1 PFO RA?A FA-'OR: 1.000 ^!?IS -MORSEMENT DOSS NOT T?IA11GE THF. PCICY EXCEPT AS SHOWN. Form SS 12 11 04 05 T Page 001 Process Date: "- 120/2 Policy Effective Date: li .4 0s Policy Expiration Date: 0:/25 09 V1 COPY Date: 11/21/2008 Time: 9:35 AM TO: @ 17147313806 Page: 002 POLICYNUMBER:72 SBA AA1945 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADD: '-'10\aL IHS'.iRED - PEp.SOt1-OR=jTZATIOL] '(SS, KSL LA COSTA RESORT CC, LL,C; KSL rLA COSTA DEVELOPMEV"_' _CR?ORAT_Cl% AND HSL LA COSTA PA?ENT, LLC 21CC COST? DEL VAR ROAD. =At_,ESBAD, CA 92CC9 A.TTN: HCSEA FTC\?id.^.OD ?ROPEP.mIES ?535 EIRCH STREET STF 180 .,E4.?OR'I- BEACE, CA 92550 L;0001 13113GO01 -IT] OF EOPE C7_AR' CA 910-'C CITY OF SANTA A\A Z0 CIVIC _EITTER PLAZA SANTA ANA. CA 92'701 Form IH 12 0011 95T SEQ. NO. 003 Printed in U.S.A. Page C01 Process Date: '-1!20/CS Expiration Date: O'_ / 2 9/ C 5 Doi COPY Trujillo Rose Ann From: Sheedy, Laura Sent: Wednesday, December 03, 2008 4:14 PM To: Kindig, Christy Cc: Trujillo, Rose Ann Subject: RE: The Peterson Group I have Peteson's workers comp ins. I will send it up to the Clerk. Thank you Laura From: Kindig, Christy Sent: Wednesday, December 03, 2008 2:52 PM To: Sheedy, Laura Subject: The Peterson Group Laura, I got your message that The Peterson Group is all clear for insurance. Rose Ann Trujillo has the contract and it shows Worker's Comp is still outstanding. Would you mind replying via email to Rose Ann and myself saying it is cleared? Thanks, Christy Kindig, Office Supervisor City of Santa Ana Public Works Agency P.O. Box 1988, M-21 Santa Ana, California 92702 (714)647-5022,(714)647-5069 FAX ckindig(a- Santa-ana.orq ,__Commercial Certificate of insurance Agency . ALLINSON, AGENCY INC. Name . 14151 NFWPORTAVF#101 & • TUSTIN, CA. 92780 Address • 714 838 2860 St. 97 Lust. 66 Agent 323 Insured THE PETERSON GROUP INC. Name 180 NEWPORT CENTER DR. #270 & NEWPORT BEACH, CA. 92660 Address FARMERS' Issue Date (MMtDDfri'} ' I210Z'08 This cestifiicste is hoed as a matter of infomrtation only and confers no rights upon the certificate holder. This certificate does not amend, extend or alter the coverage afforded by the policies 9town below. Companies Providing Coverage; company A Truck insurance Fxchangc icau company $ Farmers Insurance Exchange my C Mid-Century Insurance Company cm to paiy f) Coverages r j This is to certify that the pokits of i surance listed below have been Lcared to the inn¢ert named above for the poor period indicated. Nowitlatar g any requirement. rennet or condition of any contract or other domflustt with reTect to which this certificate may be issued or rimy pertain, the insurance afforded by the polices described herein is object to all the tom. exclusions and conditions of such policar. Limits shown may have been reduced by ; d daims --t i Type of Insurance ; Panty Number ? Policy Effective Dae i:tAwom7 ration Date ration Policy L imits . General A88tegate- 3 General bability 3 i ? Corutmetciat General ? A&regate i Liability i 1 ' Personal & i ' S ( - Occurrence Versurn Advzrtisiog njury f Contractual - Incidental i I Farb Occurrence Fire Damagnnage I 5 i only _ (Airy"fire) I S Owners & Contractors Prot ... , /. . ;: ; FOR i Medical Fxpeme 6 i l (Any onep -, mu) AutornWleLiabildy Combined Single 5 ` t An Owned Commercial Autos . scheduled Auto Hired Autos { rfg ( ? E d A Per j Non-Owne utos i Garage OaotldY 1 Garage A@Bte&tte -- I -- Y Umbrella liability Limit A j Workers' Compensation 3 401097222 111/11108 04111109 sta" Each Accident S 1,000,000 and Disease -Each Emtdgxc $ 1,000,OW Employers- Liability Disease - Polity Limit $ 1,o0o ooo --- Description of Operations(Vehicles/Restrictions/SPedal items; Cer ificate Holder CITY OF SANTA ANA Name 20 CIVIC CENTER PLAZA & SANTA ANA, CA 92701 Address Cancellation Should any of the above dex rlbed policies be cancelled before the espiration date therent the lmdng tamtpany will endeavor to mail 30 days written notice to the certificate how named to the lit, but h9ure to retail such notice shall impose no mlxesentatlws. obf n o Bairinty of any ldnd jtport di; company. its agmts or 562492 4-94 .'age c ACORD CERTIFICATE OF LIANI IN INSURANCE -- 3 ' ,. C 1 1 FAX (9$9, 4 J - 1?6 H15 yERTt.NWI 'S WSUED AS A MAT ER vF mF A4' T Q > r...r1 A. -e.._• 7n. uranca 3en;a?es :"^ ONLY AND G WERS NO 91GHTS DPON THE t 1 Ai HOW ER THIS CERT"CA7E DOES NOT AMEND, EiTEI,D OR ALTER UE CWERAGE 1FFIRCED B'*' THF. FG.!CES 3ELCr'r ion n' __-.._.. _ 4SURER$A Fii;'GJ:: G'rO VERAGE ti4av a T _ _ Naz?£ozd _3?u?lty lris ?? 999 _. .. ....Ct: az? IIIC - I .c Ccrpotatii? ?13zr 0150 -----------_.__. 1 Its,=,,.Y E L C;L 9'66^ -- . OF'" 0170' ? It TtD Er HAVE i .: I C. - . I I r WO G R NGIT... ;F AN? C ITp r y 1 ?.2E". rN f:i? iltf =i GY FQ• ,, C-sT o. ""V - _? .:: C, •,? . T - F - '? ,tr PJ J o H F c D °.. HK EA T H tr i i" > rt ?,. ;7 1 uF y r A+ to I ' SU Af_?+aC• A _ J +?: :r dE 2E G]FF N" I .t - IF ++.. FTC ?la.,.o I . ,NC ja OF J.!Lo .... C.... '. - :+' r ?.. ;'.:!. :.•,...- '._i :r'. ill _ bE "CAN - Fk M" 'II A ? I i _ f zwom 7 Go, ?. 0r0 r I- 77 E RP.FIC - tiv C= of Santa Ana .-C y!?1.V1.(_r- Center Plaza :Tanta A4a, 'ri 92701 •lo_. ::AtiC@LLAT'Ot. -t '.TAT s? ACC'RE, C?RPORATON 9_8b I !I l 71 ,I '.:f LI I '- 1 7? ??1 ''. ',-? ._.:',, Ld. L. A ?( ,j :i. .•; .I .'III I 1--.. I, , L' .1{t' .2`I•, I ...'I:Ir,l:. ?:. ? ?t ? .. ,I t ....,-•I..- .I, ..; t:.._ tl{I•. !11! .. I „ 1 ' . ..1 ? lllY ._. 1 1. {?'l'. 1 I.'•,I 1a .'?I I.u II f ... I li'11 111.' .'t .r• 1 1 .-I l'I. !- ..?I .. {; 111 ..'1"t?•{,. '.t: 't?. ! :! • .,.r II:. ..I :r ?.. _..'lla... -, tlr ilrl` r .I•_ I.?:I r I t v _I .. I'I ... .. i.'.I lit' a:lI: I ,• 'tIW.. :i?'• 'I it ., 'ICI-I ..I,il I:C' .. Ift 1:. .I ,..... ,. .Ett1:L ?.i 1,. IIY'•I ?'•. ,..,'!.:..._ I, ,.aa L. .. ! . :li'l't`, .. .. -1) 'I'!: '1' , I '.I' ' C(->nnnlercial Certificate cat ITIsurance ?artl'' 1.151 NL11'PO I AVT-)01 * I I S j IN, i'', I27so l riy l i rr??l I I Ir Ill.I I-R-SON (.110 P ('11, W -'()RA I I III ,' / A DR I ;rr ;'uliler?tia FARMERS' t?suep?t? ,`,].`vtiC?I7,?Yt'1 t7-: I°?'lll [11;ti I rrrlrlu ltr as it,nrrl as a I,r,irt?ri ;rl 1a1i;I1;1.1tinrl II]Il: arl+i if-iW,t'7% I "I Iil?ht, ujx{ li the, rtitlidtF, Lnldi,r. 'I his rertitir'jle 11"It'A merlJ, po. 'ud cr'iltrr ;h, '1-l m lif"!; 'y IN, l?iil i Iry %hir fl he i.;i"; Compuies Proyidin, Cover .%m I it -d^cli?nti U ' lt-1TiCrA 111511 r!l Tl t"C I'.XCh:E11 ,, rrr hIii.l -i. ?•ntanv I:r,r_um1i (- Ct14a1i'x4riv ??:ar1 D f rS i4 k celflk the 11011. )eS ot ilmjldmi lislp'I tlrr Ei )?,t I ;±'.'F €?et n l!aiwd I') :it[, 1"mlml rm:11"l d1unf' fur Ille poll Il?ji., ild XU?v.il nl.iIldilit' II.ilIli r wlr(.. trf+14 Ur I:;(u3rr1Itt i;f,rrn ittr rt UI urlt(l ci 1t1-.ilvnl -sirlr t_iiA'rl.'I"mhich It l% _.rticdrt I) j I;t iV,IIeiI.:+ a peraiI I II1P II.fIIIJI If, ssr ltli. irl3 `i,, r; IC' p, ri ?u'i fir•4r17k'il ht'r`m IS:?Ilhle:`1 'r+ all rho h';tl1S v ;'.7i.L1CIS 1[I?j Ci)rU1111?i15 nl a 11 S,1(rA1 I .a ' }1fi%Y C)e?'il rEdureil i14 I::1ba r?Id=r;rt 11 r . = thl t rr 1' dl .pi I ll:ra; I,I+rufI[15aITdf"lf"C" I I11( NIf naIx'' l) I r,"iS :t rci ,.1rC ail 1t?lir': LI:I1Ij5 :c+r l 6i,ncrat Liability t11 '41 1'. l ?"rrtd Ut'1+. ?. nlilp ..+ti?. ? ??nn:mercial ;.encraP ;1?,?-`rt.?ar'-' 11It1111r A' #: [.rsrrelu,. ?.r-nir?n r`..dw illti I? Injur S i dr1 r )r I I,:n.-1111 r. Irl1 'iR=ll7nl?e E ,.y 11• ...ill l n'. I ... ?+ 1 L lr . i •? { Cl rt[tdr Gr: Fn,t 1 V.Irnccil L xp:?--I}c JArlA I Au[r,m?blle Ll,?bliii;; 7. L or .bawd Sin:,.C I' k i?hnrrl Cr;rltllu:idi 1; ' try f L '? Ill,(,rh Injuri Imtl+rli-ll Aura, 51 ?? ??? = i'er puv-rl ')'C 1 UdL rf C? ? ?. I l ?h134?t• 1_Ia+31111 e i l'rr,p r LJilrn;ge , ?- I i f;al ?,,e ti p,tr.alr j, tlmbrr11a tirabllii;; b'?orkors' Crmpens;?t 4n AO I09, 12 04,!11 10 and Employer,,' Llabillty 1 )t'Y'l €11i WH Of C)j3"latinrt5 5. r.h:clr 5 Restric uo:;s.?>pFCial rte Ills; Certificate Holder C I LI' 01' ;;111-1 A tiNA `;arne. . ?0 C1tiIC(TN'7E'KL'L_Al.n tiS..%'+l'A ANA, C.:1, U?_',1.11 Liam s i'3: I t y Sratutuy Each Mien t'1001-0 100 ,`ilft. r.nl E•.u,1?lu}r? 1 I Oojllit) ?i5tasc pchc Lxa331 ? 1,Ui,11,[illf3 fancellation Should any o€ tote above desaiLed pokm'-? b:? r_armOli,d lwfl'rt m v I!xmrari+,n date Ihlel t-J tht, iuuing n;+Inpnm "Oll I'llLi avor ut inail30 day .wit c:n nrltiee:o the cortirtr.ittt hrlblta amril" l rri 1hr IcG, hill hrilul+' L:: tte,rrl Slia'.li r-ori: I. shill illipihe Ito nVilip;3tiori car iiahilirv of airy kitxtLup m the comparly, its agr--ers or representari' re : f'arn%. Allinson Aumorvcd lT. r+'Sklliilite -t 114 Copv Distribution: Ser\ ice CeetFr Cope atld Amt's (?:opv A? I?' CERTIFICATE OF LIABILITY INSURANCE °A G' ? THIS CERTIFICATE IS ISSUED AS A BATTER 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 INSURERS), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. ! n„ IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(iss) must he endorsed. 1 5 B ATiON IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsemenL A statement on this certificate does not confer rights to the certificate holder in lieu of such andorsement(s). PRODUCER CONTACT NAME At< DREV+1 W MORRIS,„ p? (94%470-2111, Fax (949)470-2220 z l Na 3d(- ?j Fjj {71 kid 391A SUPERIOR ACCESS INSURANCE SERVICES IN(, EMAIL ADDRESS .?RTOrr"s_c,¢lfarrtt?L58gERLC#ft71 5 OLDFIELI3 INSllRE 5 A£FORI3FNG COVEIiACsE _?iAID aI . .. IRVINE CA 92618 .._.... ... ... ..._. ....- .................. INSURER A: HARTFORD CASUALTY INC CO 29424 L*ISURED THE PETERSON GROUP INC INSURER a : ........... ..._--, - .. ....._. .,.. _ _....... - , ...._..? RPORATE PLA ITE 0 MUAER C 2 CO ZA DR SU 15 NEWPORT BEACH, CA 92660 INSURER D _---- _._...._..._ .......... A-2008-305 INSURER IN5lIRER 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 LWCH THIS CERTIFICATE MAY HE ISSUED OR F,4AY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOVI,, I MAY HAVE BEEN REDUCED BY PAID CLAIMS tr€SR' .?__.... n[stu,SUBR LTR TI PE t tIaSURANC> iTtStICYEi POLICY lap POLICY NUMBER M YYYY MMJ?DQNYYY _.,...._...- ..._....._.... + LIMITS GENERAL LIABILITY rC^ OCCURREICE S 000,000 E? . c0 " ? ; .._SI'Eacra.ta'3 30{I,0{}t I : ?r? ..... A ..... 72SBAAA1945 01I29i2011 0112912012 5 Zfl00,4? s4,000,000 .......... S 4,000 000 wC+- r' :C'f .' ECT. '. LOC , c AUTOMOBILE LIABILITY S 2. ............. L _. A .? ....__... S 'S'3'. 72SBAAA1945 0112312011 4112912012 ...._ .......... _.. .,..... ??.. ., } UMBRELLA LIAR .: C-CC€:R r v r; `E zS EXCESS LIA$ MS-MACE 3 ._..- ...._.... ._ .................,_ i k.._ ........ ?_D RETE iTZNS S . WOR'RERSCOMPENSATION '-- C--, AND ENPLDYERS LUteIUTY Y N ... ANY b-R RTNE2-Y;GLMVC - ?' I2xaizuy m}i H} - .E E. t4'-L - - 3EASE-PO zCY Y i s -UFQRM DESCRIPTION OF OPERATIONS I LOCATIONS i VEItICLES {Attach A CORD,a? H nwm spate i3 m pfirsd) Certificate Holder added as Additional Insured ?,ttL* ??3c:e aU G ••. J f; _ fCl CERTIFICATE HOLDER CANCELLATION CITY OF SANTA ANA 20 CIVIC CENTER PLAZA SANTA ANA, CA 92741 SHOULD ANY OF THE ABOVE OESCRIBEO POLICIES aS CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. REPFIESE2iTATNE 0 1 988-201 0 ACOR€) CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD