Loading...
HomeMy WebLinkAboutDROSMAN, THOMAS 1-2010J4 ' Ji: APIRES '0,1N IL f;f (J SEp ]. 4. 2010 0•.(I1)CAU PROFESSIONAL SERVICES AGREEMENT N-2010-088 THIS AGREEMENT, made and entered into this / `eday of August, 2010, by and between Thomas Drosman, an individual (hereinafter "Consultant"), and THE CITY OF SANTA ANA, a charter city and municipal corporation duly organized and existing under the constitution and laws of the state of California (the "City"). RECITALS A. The City desires to retain a skilled professional hearing officer to conduct administrative hearings under various provisions of the Santa Ana Municipal Code. 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: SCOPE OF SERVICES Consultant shall provide services to conduct administrative hearings on behalf of the City. The scope of services (including rates for fees and costs) is attached hereto as Exhibit A and is incorporated by this reference to this Agreement. 2. DELIVERY OF WORK PRODUCT Consultant shall deliver to City any work product such as an administrative record and findings and conclusions of law, as may required in any particular matter referred to Consultant. Such work product shall be in a format as directed by the City. 3. COMPENSATION City agrees to pay, and Consultant agrees to accept as total payment for its services, the cumulative rates and charges identified in Exhibit A. 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. Total compensation including fees and costs payable under this Agreement shall not exceed $25,000 during the Term, as set forth below. 4. TERM This Agreement shall commence on the date first written above and terminate on June 30, 2011, unless terminated earlier in accordance with provisions, below. The term of this Agreement may be extended upon a writing executed by the City Manager 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 nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 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 insureds) 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. 2 d. 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: (1) 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 ten (10) 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. 7. INDEMNIFICATION Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including health, and claims for property damage, which may arise due to negligent acts, omissions or willful misconduct in the performance, from the direct or indirect operations of the Consultant or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from negligent acts, omissions or willful misconduct in the performance of this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. 8. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, 3 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 Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 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 Council 20 Civic Center Plaza P.O. Box 1988 Santa Ana, CA 92702-1988 telefacsimile (714) 647-6956 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 Consultant: 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 4 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 proposal 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. NON-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: MARIA D. HUIZAR Clerk of the Council CITY O ANTA NA DAVID N. REAM City Manager 6 APPROVED AS TO FORM: CONSULTANT Thomas Drosman Tax ID# '),3 'y7SY1yy EHIBIT A SCOPE OF SERVICES Scope of Duties The Hearing Officer shall preside over the City's administrative hearings. The Hearing Officer will be required to independently evaluate the facts of each case and make a determination as to the merits of that case based upon the information presented at the hearing and the Santa Ana Municipal Code. The Hearing Officer will be expected to be experienced and knowledgeable in administrative hearing procedures. The Hearing Officer shall be responsive and maintain excellent working relationships with property owners, residents, business representatives, and City staff. . Hearing Officer service will include preparation of findings of facts, hearing dispositions, billing statements, and other documents as necessary. Fees The Hearing Officer shall be compensated at the rate of $195 per hour. Maximum compensation under this agreement shall not exceed $25,000 in any one fiscal year. 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 9 MDX 1 0 A? ° CERTIFICATE OF LIABILITY INSURANCE U022 DATE (MM/DD/YYYYI 08-23-2010 THIS CERTIFICATEIS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATIONIS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: BB&T INS SVCS OF CA INC / PHS / ORANGE PHONE FAX 866 467 8730 (877 905 045 180672 P (866 467 8730 F 877 905 0457 ) - ) - oEx: ( IA/C,No): : ) - : ( ) - PO BOX 33015 ADDRESS: SAN ANTONIO TX 7 8 2 6 5 PRODUC U TOMER 10 N: C INSURERIS) AFFORDING COVERAGE NAIC p INSURED INSURER A: Hartford Casualty Ins CO f?f? W-2010-088 DROSMAN & PERCIVAL LLP INSURER B 38 TECHNOLOGY DR STE 250A INSURER C IRVINE CA 92618 INSURER D INSURER E ; INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE Of INSURANCE BO R INVD POLICY NUMBER (MM/DD/YYYYI (MM/DD/YYVYI LIMITS GEN ERAL LIABILITY EACH OCCURRENCE S 1,0 0 0 0 0 0 COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurrencel 8 300,000 CLAIMS-MADE D OCCUR MED EXP (Any one person) 5 10,000 A X General Liab 72 SBA ND2251 03/08/2010 03/08/2011 PERSONAL & ADV INJURY 8 1,000,000 GENERAL AGGREGATE 5 2,000,000 'L AGGRE GATE LIMIT S- PER: p APPR vl!? SO F'- PRODUCTS - COMP/OP AGG 8 2,000,000 POLICY PRO - ECT X LOC I- 8 AUT OMOBILE LIABILITY _ COMBINED SINGLE LIMIT (Ee accident) 5 1 000 000 ANY AUTO ,A, ^ u , , vn Q FL CH BODILY INJURY (P ) 8 O er person ALL WNED AUTOS CITY A h1 NEY BODILY INJURY IP id ) 8 er acc ent A SCHEDULED AUTOS 7 2 ND2 1 PROPERTY DAMAGE $ X HIRED AUTOS 03/08/20 0 03/08/2011 (Per accidentl X NON-OWNED AUTOS $ 9 X UMBRELLA UAB X OCCUR EACH OCCURRENCE 8 EXCESS UAB CLAIMS-MADE AGGREGATE _ 8 A DEDUCTIBLE 72 SBA ND2251 03/08/2010 03/08/2011 8 X RETENTION $10,000 8 WORKERS COMPENSATION WG STATU- OTH- AND EMPLOYERS' LIABILITY TORY OMITS ER YIN ANY PROPRIETOR/PARTNER/EXECUTIVE? OFFICER/MEMBEREXCLUDED7 NIA E.L. EACH ACCIDENT 8 (Mandatory In NHI E.L. DISEASE - EA EMPLOYE 8 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ DESCRIPTION Of OPERATIONS I LOCATIONS/ VEHICLES (Attach ACORD 707, Add/Uonel Rematka Schedule, K mom apace le tepuhed) Those usual to the Insured's Operations. THIS ENDORSEMENT MODIFIES SUCH INSURANCE SUCH IS AFFORDED BY POLICY NUMBER RELATING TO THE FOLLOWING: THE CITY OF SANTA ANA 20 CIVIC CENTER PLAZA SANTA ANA CA 92701• ITS OFFICER EMPLOYEES AGENTS VOLUNTEERS AND REPRESENTATIVES ARE NAMEb AS ADDITIONAL I IUN CITY OF SANTA ANA 20 CIVIC CENTER PLZ SANTA ANA, CA 92701 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORUED REPRESENTATIVE W 7 atsts-ZUU.9 ACUHD CORPORATION. All rights reserved. ACORD 25 (2009/09) The ACORD name and logo are registered marks of ACORD BB&T INS SVCS OF CA INC/PHS/ORANGE PO BOX 33015 SAN ANTONIO TX, 78265 CITY OF SANTA ANA 20 CIVIC CENTER PLZ SANTA ANA, CA 92701 Additional Certholder Text ARISING FROM OPERATIONS AND USES PERFORMED BY OR ON BEHALF OF THE NAMED INSURED. RESPECT TO CLAIMS ARISING OUT OF THE OPERATIONS AND USAGE PERFORMED BY OR ON BEHALF OF THE NAMED INSURED, SUCH INSURANCE AS IS AFFORDED BY THIS POLICY IS PRIMARY AND NON ADDITIONAL TO OR CONTRIBUTING WITH ANY OTHER INSURANCE CARRIED BY OR FOR THE BENEFIT OF THE ADDITIONAL INSURED. THIS INSURANCE APPLIES SEPARATELY TO EACH INSURED AGAINST WHOM CLAIM IS MADE OR SUIT IS BROUGHT EXCEPT WITH RESPECT TO THE COMPANIES LIMITS OF LIABILITIES. THE INCLUSION OF ANY PERSON OR ORGANIZATION AS AS INSURED SHALL NOT AFFECT ANY RIGHT WHICH SUCH PERSON OR ORGANIZATION WOULD HAVE AS A CLAIMANT IS NOT SO INCLUDED. APPR OSEP FLETCHER Y ATTORNEY ACORD 25 (2009/09) COMMON POLICY CONDITIONS All coverages of this policy are subject to the following conditions. A. Cancellation 1. The first Named Insured shown in the Declarations may cancel this policy by mailing or delivering to us advance written notice of cancellation. 2. We may cancel this policy by mailing or delivering to the first Named Insured written notice of cancellation at least: a. 5 days before the effective date of cancellation if any one of the following conditions exists at any building that is Covered Property in this policy: (1) The building has been vacant or unoccupied 60 or more consecutive days. This does not apply to: (a) Seasonal unoccupancy; or (b) Buildings in the course of construction, renovation or addition. Buildings with 65% or more of the rental units or floor area vacant or unoccupied are considered unoccupied under this provision. (2) After damage by a Covered Cause of Loss, permanent repairs to the building: (a) Have not started; and (b) Have not been contracted for, within 30 days of initial payment of loss. (3) The building has: (a) An outstanding order to vacate; (b) An outstanding demolition order; or (c) Been declared unsafe by governmental authority. (4) Fixed and salvageable items have been or are being removed from the building and are not being replaced. This does not apply to such removal that is necessary or incidental to any renovation or remodeling. (5) Failure to: (a) Furnish necessary heat, water, sewer service or electricity for 30 consecutive days or more, except during a period of seasonal unoccupancy;or (b) Pay property taxes that are owing and have been outstanding for more than one year following the date due, except that this provision will not apply where you are in a bona fide dispute with the taxing authority regarding payment of such taxes. b. 10 days before the effective date of cancellation if we cancel for nonpayment of premium. c. 30 days before the effective date of cancellation if we cancel for any other reason. 3. We will mail or deliver our notice to the first Named Insured's last mailing address known to us. 4. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. 5. If this policy is canceled, we will send the first Named Insured any premium refund due. Such refund will be pro rata. The cancellation will be effective even if we have not made or offered a refund. 6. If notice is mailed, proof of mailing will be sufficient proof of notice. 7. If the first Named Insured cancels this policy, we will retain no less than $100 of the premium. B. Changes This policy contains all the agreements between you and us concerning the insurance afforded. The first Named Insured shown in the Declarations is authorized to make changes in the terms of this policy with our consent. This policy's terms can be amended or waived only by endorsement issued by us and made a part of this policy. Form SS 00 05 04 05 Page 1 of 3 0 2005, The Hartford BUSINESS AUTOMOBILE INSURANCE p.2 nwn rover CERTIFICATE OF INSURANCE SUCH INSURANCE AS RESPECTS THE INTEREST OF THE CERTIFICATE HOLDER NAMED BELOW WILL NOT BE CANCELED OR OTHERWISE TERMINATED WITHOUT GIVING 10 DAYS PRIOR WRITTEN NOTICE TO THE CERTIFICATE HOLDER, BUT IN NO EVENT SHALL THIS CERTIFICATE BE VALID MORE THAN 30 DAYS FROM THE DATE WRITTEN. THIS CERTIFICATE OF INSURANCE DOES NOT CHANGE THE COVERAGE PROVIDED BY ANY POLICY DESCRIBED BELOW. This certifies that STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY of Bloomington, Illinois ? STATE FARM FIRE AND CASUALTY COMPANY of Bloomington, Illinois ? STATE FARM COUNTY MUTUAL INSURANCE COMPANY OF TEXAS of Dallas, Texas ? STATE FARM INDEMNITY COMPANY of Bloomington, Illinois, or ? STATE FARM GUARANTY INSURANCE COMPANY of Bloomington, Illinois haa. nnvpraoe In force for the followina Named Insured as shown below: NAMED INSURED: DROSMArr, TOM ADDRESS OF NAMED INSURED: 17552 COTTONWOOD, IRVINE, CA 92612-2808 POLICY NUMBER 252 5786-A25-75 75-F3-5096-9 EFFECTIVE DATE OF POLICY 07/25/10- 01/25/10 06/19/10-06/19/11 DESCRIPTION OF 1991 MAZDA MX5 VIN # PERSONAL LIABILITY VEHICLE (Inducting VIN) JV11NA351=1223250 UMBRELLA POLICY LIABILITY COVERAGE ® YES ? NO ® YES ? NO ? YES ? NO ? YES ? NO LIMITS OF LIABILITY a. Bodily Injury Each Person 5250,000 APPROVED FORM Each Accident $500,000 b. Property Damage 1,10 ET HER Each Accident $100,000 r- Bodily Injury & Property Damage Single Limit Each Accident $1,000,000 PHYSICAL DAMAGE COVERAGES ® YES ? NO ? YES ? NO ? YES ? NO ? YES ? NO a. Comprehensive $ 250 Deductible $ Deductible $ Deductible $ Deductible ® YES ? NO ? YES ? NO ? YES ? NO ? YES ? NO b. Collision $ 250 Deductible $ Deductible $ DeductlNe $ Deductible EMPLOYERS NON-OWNED CAR LIABILITY COVERAGE ? YES ? NO ? YES ? NO ? YES ? NO ? YES ? NO LIABILIIY G HIRED ? YES ? NO ? YES ? NO ? YES ? NO ? YES ? NO VE E FLEET - COVERAGE FOR ND N D ? YES ? NO ? YES ? NO ? YES ? NO ? YES ? NO MOTOR E S THE CITY OF SANTA ANA 20 CIVIC CENTER PLAZA SANTA ANA, CA 92701 AGENT 8644 08/31/2010 Tithe Rick Reed 1125 E 16°-" Street, Suite 7 Upland, CA 91784 Holder INTERNAL STATE FARM USE ONLY: p Request permanent Certificate of insurance for liability coverage. 122429.3 Rev. 07,26-2005 ? Request Certificate Holder to be added as an Additional Insured. WORKERS' COMPENSATION INSURANCE POLICYHOLDER COPY SG P.O. BOX 420807, SAN FRANCISCO,CA 94142-0807 CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 08-23-2010 CITY OF SANTA ANA SG 20 CIVIC CENTER PLZ SANTA ANA CA 92701-4058 GROUP: 000388 POLICY NUMBER: 0002323-2010 CERTIFICATE ID: 1 CERTIFICATE EXPIRES: 04-01-2011 04-01-2010/04-01-2011 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 10 days advance written notice to the employer. We will also give you 10 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. tth,r,zed Representative Interim President and CEO EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE. ENDORSEMENT #0015 ENTITLED ADDITIONAL INSURED EMPLOYER EFFECTIVE 2010-08-23 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. NAME OF ADDITIONAL INSURED: CITY OF SANTA ANA ENDORSEMENT #1700 - DROSMAN, C. THOMAS - EXCLUDED. ENDORSEMENT #1700 - PERCIVAL, JAMES R - EXCLUDED. APPROVED fie!5;q_Q-FORM In YEY SIT TORNEY EMPLOYER DROSMAN, C. THOMAS (PARTNER) AND PERCIVAL, JAMES R. (PARTNER) DBA: DROSMAN & PERCIVAL, LLP 38 TECHNOLOGY DR STE 250 IRVINE CA 92818 [PAR,CS] (REV.1-2010) PRINTED : 08-23-2010 PROFESSIONAL LIABILITY INSURANCE A CORD CERTIFICATE OF LIABILITY INSURANCE DATE (MWDDff" 08/24/2010 TM. PRODUCER Phone: (831) 624-5588 Fax: 831-624-5108 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION CHRISTOPHER LEE INSURANCE SERVICES ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE P.O. BOX 221818 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR CARMEL CA 93922 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # Aoencv Licit: OE36383 INSURED INSURER A: XL INSURANCE DROSMAN, & PERCIVAL, LLP INSURER B: 38 TECHNOLOGY DRIVE, SUITE 260A INSURER C: IRVINE CA 92618 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 LTR ADD INSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MMID POLICY EXPIRATION DATE MMID LIMITS GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES Ea --n4/ $ CLAIMS MADE 7 OCCUR MED. EXP (Any one person) S PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPIOP AGG. $ POLICY PRO LOC JECT AUT OMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANY AUTO (Es eoeident) ALL OWNED AUTOS BODILY INJURY (Per erson) $ SCHEDULED AUTOS p HIRED AUTOS Rlv? BODILY INJURY $ NON-OWNED AUTOS OU A APPR (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY t-L 30 H L AUTO ONLY - EA ACCIDENT $ ANY AUTO TT CITY A Y OTHER THAN EA ACC AUTO ONLY: AGG $ EXCESS I UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR ? CLAIMS MADE AGGREGATE $ S DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND 1/JC STATU- OTHER TORY LIMITS EMPLOYERS' LIABILITY ER EXECUTIVE E.L. EACH ACCIDENT $ ANY PROPRIETORIPARTN I OFFICERIMEMBER EXCLUDED? E.L. DISEASE-EA EMPLOYEE $ N yes, describe under SPECIAL PROVISIONS below E.L. DISEASE-POLICY LIMIT S A OTHER: LAWYERS PROFESSIONAL LIABILITY INSURANCE XLP9605601 10/15109 10115/10 $1,000,000 PER CLAIM, $1,000,000 PER AGGREGATE, $10K DEDUCTIBLE DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS CERTIFICATF HCII nFR CANCFI 1 ATICIN SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE CITY OF SANTA ANA EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS , 20 CIVIC CENTER PLAZA, WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL I SE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, SANTA ANA, CALIFORNIA 92701." ITS AGENTS OR P NTATIVES. AUTHORIZ ESENTATIVE Attention: MaryChancellor A%'Unu LO (LUUT/UO) uenincate 1F Zytf ( 0 ACORD CORPORATION 1988