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Home My WebLink AboutALL CITY MANAGEMENT SERVICES INC. (ACMS) (2)-2010Mgi.-".DICE ON FILE Vj: jRr-',AY PROCEED 6ATIL JISLI%NCE EXPIRES CLERK t cuu UL PATE: I la/111 FIRST AMENDMENT TO AGREEMENT A-2010-038-001 THIS FIRST AMENDMENT TO AGREEMENT, made and entered into this d? day of March, 2010 by and between ALL CITY MANAGEMENT SERVICES, 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 parties entered into that certain Adult Crossing Guard Program Agreement, dated March 1, 2010, (hereinafter "said Agreement") by which Consultant is to provide crossing guard services for the City. B. In accordance with the terms and conditions of said Agreement, Consultant is required to provide $10,000,000 worth of aggregate general liability insurance. According to the price schedule provided by Consultant, the total cost of the crossing guard program with that amount of insurance would be $826,783. However, the Compensation term in said Agreement states that the total sum to be expended under said Agreement shall not exceed $795,450, which is based upon only providing $5,000,000 worth of aggregate general liability insurance. As such, the parties wish to amend the compensation clause of said Agreement to reflect the proper amount of compensation. WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all the terms and conditions of said Agreement, except those amended in this First Amendment to Agreement, the parties agree as follows: 1. Section 2, COMPENSATION, shall be amended to increase the maximum sum able to be expended under said agreement from $795,450 to $826,783. 2. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in full force and effect. // // // // IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to Agreement on the date and year first written above. ATTEST: L-jl/) A-, a /J -&/-,f" MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attomey By: Rya Dep CITY OF SANTA ANA DAVI N. AM City Manager i i RECOMMENDED FOR APPROVAL: 0?ce? Ltv?--- Paul M. Walters Chief of Police CONSULTANT Employer ID # or Individual SS # `??-3V I6 IF 0 .iCORV CERTIFICATE OF LIABILITY INSURANCE ALL T 1 DATE (MIlJODA'YYY) O S 04/01/10 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ISU Curry Insurance Agency ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Lic #0588757 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 489 E. Colorado ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Pasadena CA 91101 Phonel626-449-3870 Paxt626-449-5268 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURERA: Lexington Insurance Co INSURER B: All City Man Bement Inc INSURERC: 1749 S La Gene a Blvd . Los An eles CA 9035 INSURER D: g INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICYPERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT W ITN RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECTTO ALL THE TERMS, EXCLUSIONS AND CONDITIONSOF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INS L7R DO' NSR TYPE OF INSURANCE POLICY NUMBER DAT MMIDD DATE JMMIDDNYYYJ LIMITS GENERAL LIABILITY EACH OCCURRENCE $1,000,000 A X X COMMERCIALGENERALLIABILITY 013135904 04/01/10 04/01/11 PREMISES Eaoccurence) _ S50,000 CLAIMS MADE FXJ OCCUR MED EXP (Any one *son) $ Excluded PERSONAL 8 ADV INJURY S1,000,000 GENERAL AGGREGATE $2,000,000 GEMLAGGREOATELIMI7APPLIES PER: PRODUCTS -COMPIOPAGG s2,000,000 POLICY PRO•JECT X LOC AUT OMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANYAUTO (Ea accident) ALL OWNED AUTOS BODILY INJURY S SCHEDULED AUTOS (Per Person) HIRED AUTOS BODILY INJURY NON-OWNED AUTOS (Per 8CLIdent) PROPERTY DAMAGE (Per eceldenl) S GARAGELIABILITY AUTO ONLY-FA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS I UMBRELLA LIABILITY EACH OCCURRENCE 5 8,000,000 A X OCCUR CLAIMSMADE 013136396 04/01/10 04/01/11 AGGREGATE $8,000,000 S DEDUCTIBLE 5 RETENTION $ S WOR KER S COMPENSATION Lb 'I (J 11 VKM AND EMP LOYERS' LIABILITY 1 TORY ClI.fITS ER YIN ANY PROPRIETORIPARTNERIEXECUTI OFFICERIMEMBER EXCLUDE 1 I 51. EACH ACCIDENT S D? (Mandatary in NH) ? `? L DISEASE E EA EMPLOYE S " . . - 11 es, descdbe under R Hod SPECIAL PROVISIONS belm E.L. DISEASE - POLICY LIMIT S OTHER DESCRIPTION OF OPERATIONSI LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS _ * 10 days notice of cancellation in the event of non-payment of premium. The City of Santa Ana, its officials, officers, employees and volunteers are additional insrueds as respects operations of the named insured per attached forms LX9466 10/03, LX9838 08/05, LEXOCC234 11/03. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES HE CANCELLED BEFORE THE EXPIRATION CTYOFSA 1 DATE THEREOF. THE ISSUING INSURER WILL ENDEAVOR TO MAIL *30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL City of Santa Ana 20 Civic Center Plaza P. O. Box 1988 Santa Ana CA 92702 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. ACORD 25 (2009I01) The ACORD name and logo are regl ered m ks of ACORD reserved. EXHIBIT "D" AUD[T1ONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERA LIABILITY POLICY Insurance Company Lexington Insurance Company (NAIC #: 19437 This endorsement modifies such insurance as is afforded by the provisions of Policy t 013135904 relating to die following: 1. The City of Santa Ann, 20 Civic Center Plaza, Santu Ana, Califomia 92701; Its officers, ctrtployees, agents, volunteers and representatives are named as additional insureds ("additional insureds") with regard to liability and de Nnse of suits arising from the operations and uses performed by or on behalf of the named insured. 2. With respect to plaims 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 ndditional to or contributing wi0i 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 willi respect to the company's limits of liability. "rhe inclusion of any person or orgtu.ization as an insured shall not affect any light which such person or organization would iimre as a claimant if not so included. 4. With respect to the additipnal insureds, [his insurance shall not be cancelled, or materially reduced, in coverage or limits except after d.ikly (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701. (Completion ol'the following, including countersignature, is required to maize this endorsement cffeclive.l Pttcctive 04/01/2010 this endorsement form as a part of Policy H 013135994 Issued to All CIty Management Inc Named Countersign by Authorized tepr a entalive ENDORSEMENT This endorsement, effective 12:01 AM 04/0112010 Forms a part,of policy no.: 013135904 Issued Ia. ALL CITY MANAGEMENT INC. By: LEXINGTON INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED REQUIRED BY VVRITTEN CONTRACT A. Seotion'll - Who.Is. An Insured is-amended to include any person or organization you are'. re- quired to Include as. an additional Insured on this policy by a vxitten contract or written agreement In effect during .this. policy period. and executed prior is the "occurrence" of the "bodily*injury or "property damage." B. The insurance provided to the above described additional insured under this endorsement is limited as follovils: 1. COVERAGE A BomLY INJURY AND PROPERTY DAMAGE (Section 1 - Cov . erages)only; Z The person or organizationi is only an ad- ditional insured Wth respect tc. liability arising out of "your work" er "your pro- duct" for that additional Insured. 3. In the event that. the Limits of Insurance proyided',by this policy exceed the. Limits. of Insurance required by (he written contract 0i written pgreement, the insurance pro- vided by 'this- endorsentieAt shall be limited to the' Limits -of Insurance required by -the written contract or written agreement: This endorsement shall :not increase the Limits of insuranco stated in the Declarations urider'Item 3. Limits of insurance pertaining to the coverage provided herein, 4. The insurance provided to such an additional Insured does not apply to "bodily injury"':or. "pr6p0rty_!si6mag.d" arising out of an architect's, enyipeer's or surveyor's rendering of or failure .to render any pro= fessional services . including:. i The preparing,, approving Or 4eiling 'to, prepare or .approve mans, shop draw- ings, opinions, reports,- durveys, field orders, chs3rige .orders; or drewirigs and speaiflcations; and li Supervisory, Inspection, architectural or engineering, activities. fj. This insurance does: not apply -to,. "bedity injury" or "property damage" arising out.of .'your v?ork" of "your product" Included`in the "products-compietsd operatoris hazard" unless. you are .required to provide such coverage by witten contract. or Witten agreement and tfen only for the period of time required. by the written- contract or written agreerent _and in no event beyond the expiraflon date of tha policy. Includ@RA tltA¢1,?iJo{niation of the insurance: Services dlilees. Inc. 1X0466 110l0a1 will it o a?b???II?Ii?rlphis.rosmved. Page 1 of 2 6. Any coverage provided by this endo'e- ment to an additional insured shall be excess over any other valid and collectible insurance available to the additional insured whether primary, excess, contingent or on any other basis unless a written contract or written agreement specifically requires that this insurance apply on a primary or non-contributory basis. C. Subparagraph (1)(a) of the Pollution exclusion paragraph 2.f., Exclusions of COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY (Section i - Coverages) does not apply to you if the "bodily injury" or "property damage" arises out of "your work" or "your product" performed on premises which are owned or rented by the additional insured at the time "your vork" or "your product" is per- formed. D. In accordance with the terms and conditions of the policy and as more fully explained in the policy, as soon as practicable, each additional insured must give us prompt notice df any "occurrence" which may result in a claim, forward all legal papers to us, cooperate in the defense of any actions, and otherwise comply with all of the. policy's terms and' conditions. Authorized Representative OR Countersignature (In states where applicable) lnclud yrl gtpcWAilormation of the Insurance Services Offices, Inc. LX9466 (10103) wlih It a (?s W rights reserved. Page 2of 2 ENDORSEMENT This endorsement, effective 12:01 AM 04/01/2010 Forms a part of policy no.: 013135904 Issued to: ALL CITY MANAGEMENT INC. By., LEXINGTON INSURANCE COMPANY PRIMARY/NON CONTRIBUTORY ENDORSEMENT This endorsement modifies insurance provided by the.policy: NoWthstanding any other provision of the policy to the contrary, the insurance afforded by this policy for the benefit of the Additional Insured shall be primary insurance, but only with respect to any claim, loss or liability arising out of the Named Insured's operations; and any insurance inaintained by the Additional Insured shall be non-contributing. All other terms and conditions of the policy remain the same. Authorized Representative OR Countersignature (in states where applicable) LX9638108106i ENDORSEMENT This endorsement, effective 12:01 AM 0410112010 Forms a Part of Polley no.: 013135904 Issued to: ALL CITY MANAGEMENT INC. BY: LEXINGTON INSURANCE CO. WAIVER OF SUBRCIGATION (BLANKET) It is agreed that we, in the event of a payment under this policy, waive our right of subrogation against any person or organization Where the insured has waived liability of such person or organization as part of a written contractual agreement b6twoon the insured and such person or organization entered into prior to the "occurrence" or offense. All other terms and conditions remain unchanged. Authorized Representative OR Countersignature Iln states whore applicable) LEXOCC234 f t1r031 Lx0466 State Farm Mutual Automobile Inourance Company 1 1 6400 State Farm Drive Rohnert Park CA 94926 NAMED INSURED 00002 75-1289-1 X 000002 n , ALL CITY MANAGEMENT, INC 1749 S LA CIENEGA BLVD LOS ANGELES CA 90035-4601 E AS TO FORM 4H I10 R n Hodg put ity Attorney A "? ^ ! 5 t`$ DO NOT PAY PREMIUMS SHOWN ON THIS PAGE. SEPARATE STATEMENT ENCLOSED IF AMOUNT DUE. 73993- . A MATCH 00002 MUTL VOL I DECLARATIONS PAGE POLICY NUMBER 65 0693-A16-75G P? ICY PERIOQ JAN 16 2010 to JUL 16 2010 -` `GENT WILLIAM HAMMONDS lr 11040 SANTA MONICA BLVD SUITE 420 LOS ANGELES, CA 90025-7581 PHONE: (310)473-3276 YEAR ICE MOM OODY $TYL VEHICLE ID, NUMBER CLASS NONOWNED AUTO 66000000 S'YMOMS 00VEMOE9 PREMIUMS See policy for coverage details. NONOWNED A Bodily Injury/Property Damage Liability . $457,56 Limit of Liability-Coverage A 0 Each Total "pr.mi.UMOr,iAl?i iB:2R10#o JUL 1 4 $4a7 56 7hks is not a biii. IMPORTANT MPSAGF,$ Your policy consists of this declarations page, the policy booklet - form 9805A, and any endorsements that apply, including those issued to you with any subsequent renewal notice. Replaced policy number 0650693-75F. EXCEPTIONS ANR ENIDOR MIENTS (5?s 1ndlvldual ea?vrs$mot for deltails.? IMPORTANT - IDENTIFICATION CARDS MUTL VOL STATE FARM POLICY NUMBER M"113-A16-750 EFFECTIVE POLICY NUMBER 063 06"-A16.79G EFFECTIVE YR MAKE NONOWNED JAN 162010 TO JUL 16 2010 YR MAKE NONOWNED JAN 162010 TO JUL 162010 MODEL VIN MODEL VIN AGENT WILLIAM HAMMONDS N AGENT (WgILWIM HAMMONDS II S THE MINIMUM LIABILITY UNITS COVOEAAGT1PRbYl? BY THE POLICY MEETS THE MINIMUM LIABILITY UNITS CO PHONE %E16 VIDED BY THE POUC HY IEET25178 PRESCRIBED BY LAW. PR ED BY LAW. )0014100014 COVERAGES A SEE THE REVERSE SIDE FOR AN EXPLANATION COVERAGES A SEE THE REVERSE SIDE FOR AN EXPLANATION KEEP A CARD IN YOUR CAR SUDMYH' THIS CARD, OR A PHOTOCOPY OF THOS CARD, WITH YOUR VEHICLE REGISTRATION RENEWAL. 7Slf6X-1-X Pol Issue faI10:l1mal Slats Fame Mutual Autome00e Imur+nce Comparry State Farm Mutual AULOm0A0e msura=6 GOO 6400 Stab Farts Drive Rohllwt Pack CA f4926 6400 State Farts Drive Rohnert Park CA 9492 INSURED ALL CITY MANAGEMENT, INC MUTL INSURED ALL CITY MANAGEMENT, INC MUTL VOL VOL CtRTHOLDER COPY Sc P.O. BOX 420807, SAN FRANCISCO,CA 94142-0807 CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 04-13-2010 SANTA ANA POLICE DEPARTMENT SC ATTN: RICARDO DIAZ, CORPORAL 60 CIVIC CENTER PLZ SANTA ANA CA 92701-4060 GROUP: 000780 POLICY NUMBER: 0000497-2009 CERTIFICATE ID: 177 CERTIFICATE EXPIRES: 06-01-2010 06-01-2009/06-01-2010 This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon 30 days advance written notice to the employer. We will also give you 30 days advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policy listed herein. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate of insurance may be issued or to which it may pertain, the insurance afforded by the policy described herein is subject to all the terms, exclusions, and conditions, of such policy. ouc-? V,4%m tth.r,zed Representative Interim President and CEO EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE. ENDORSEMENT 1!1600 - RONALD FARWELL PRES - EXCLUDED. ENDORSEMENT 111600 - BARON FARWELL SEC,TRES - EXCLUDED. ENDORSEMENT 112065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 10-01-2008 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. A O E AS TO FORM 41410 Hodge puty ity Attorney EMPLOYER ALL CITY MANAGEMENT INC SC 1749 S LA CIENEGA BLVD LOS ANGELES CA 90035 [B13,SC] (REV.1-2010) PRINTED : 04-13-2010 a® CERTIFICATE OF LIABILITY INSURANCE °ALISD,C2H1 S3U Curry =nauranca Agency ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Lic #0588757 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 489 E . Colorado ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Pasadena CA 91101 P2aona: 626-449-3870 Fax: 626-449-5268 INSURERS AFFORDING COVERAGE '? NAIC# INSURED ? -? IO ??6 - ??k ` o W INSURER A: xationai onion Giro ineurancu INSURER B: A11 City Management Snc INSURER c.- 1749 $. La Genec3a Blvd INSVRERD: '? Los Angeles CA 90035 INSURER E COVERAGES 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. EXC IUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAV HAVE BEEN REDUCED BY PAID CLAIMS- LTR INSR TYPE OF INSURANCE ?' POLICV NUMBER !DATE MM/DD DATE MM/OD LIMITS ?. '. GENERAL LIABILITY '', EACH OCCURRENCE ' $ ' X COMMERCIAL GENERAL LIABILITY '. ? PREMISES Ea occurence) $ ' CLAIMS MADE ? ! OCCUR MED EXP (Any one person) $ PERSONAL & ADV INJURY GENERAL AGGREGATE S GEN'L AGGREGATE LIMIT APPLIES PER: PRODVCTS-COMPIOP AGG 3 POLICY I-?' PRO- ?? LOC i JECT AUTOMOBILE LIABILITY - _- COMBINED SINGLE LIMIT I ANY AUTO (Ea acc dent) $ ?? ?? ALL OWNED AUTOS - - BODiL" INJURY ?. SCHEDULED AUTOS r,?o (Per persc?) As ro FoR?vt< _ S _ __ ___ I _ ? HIRED AUTOS BODILY INJURY II 1 NON-OWNED AUTOS ? ? ? V (Per accdent) ? - ___ ____ R Hodge PROPERTY DAMAGE S U ? Attorne (Per accident) GARAGE LWBILITY AUTO ONLY - EA ACCIDENT S ANY AUTO OTH ER THAN EA ACC $ -___ _ - AUTO ONLY. gGG S EXCESS/UMBRELIAL LABILITY OCCUR i '? CLAIMS MADE EACH OCCURRENCE AGGREGATE _ __ S _S . ? -_ ? __- ? DEDUCTIBLE S _ __ RETENTION $ $ WORKERS COMPENSATION ' X ?' IMITS ' ! ER O Y AND EMPLOYERS LIABILITY Y/N . T R L . _ A ANY PROPRIETOR/PARTNER/EXECUTIV? wL'Q67712518 06?01?10 06?01?11 E.L. EACH ACCIDENT $ 1000000 OFFICER/M EMBER EXCLUDED? (Mandakory In NH) E.L. DISEASE-EA EMPLOYEE. s 1000000 S SPECIAL P ROVIS ONS below EL DISEASE -POLICY LIMIT $10000 QO OTHER I ' DESCRIPTION OF OPERATIONS /LOCATIONS /VEHICLES /EXCLUSIONS ADDED BY ENDORSEMENT /SPECIAL PROVISIONS *10 days notice o£ cancellation in t:he event o£ non-payment o£ premium. j GtK 1 It IGA 1 t 1'1VLUCK GANGCL LA T IVN SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION SA2TTAAIS DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL *3O DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL Santa Ana P011 C6 Depar tmant IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR Linda Floras 6D C1v1C Cen tar P18Za REPRESENTATIVES. ' Santa Ana CA 92702 AUTHORIZED REPRESENTATIVE _? The ACORD name and logo are ragiafe red ma'Fks of ACORD