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HomeMy WebLinkAboutON TIME CONSULTING SERVICES, INC. 1 -2011INSURANCE ON FILE WORK MAY PROCEED N-2099-062 UNTIL INSURANCE EXPIRES CLERK OF COUNCIL DATE: E _ U CONSULTANT AGREEMENT F M s C,? rUC e THIS AGREEMENT, made and entered into this 15L day of June, 2011 by and between On Time 1onsulting 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 City desires to retain a consultant having special skill and knowledge in the field of Lawson Software and Information Technology systems, to assist the City in fully utilizing the Lawson and TT systems currently in use by City. 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. 'recommendations, documentation, training, installation, design, development, database 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 perform those services as set forth in Exhibit A to this Agreement. City may request additional services including business process analysis, system setup and implementation, "best administration, troubleshooting and support, through a writing executed by the Executive Director of Finance and Management Services, or his designee. City shall comply with all reasonable Consultant requests to provide access to documents, materials and computer systems reasonably necessary to the performance of Consultant's duties under this Agreement. City shall test delivered services when applicable within ten (10) business days of notification by Consultant that services are ready to test. 2. CO-OWNERSHIP OF INTELLECTUAL PROPERTY City acknowledges that all Products and Materials, and all related object code and source code, and the systems, ideas, methods of operation and information contained therein are proprietary trade secret information of Consultant and are unpublished copyrighted materials. Ownership and title to all intellectual property rights, including patent, trademark, copyright and trade secrets relating to the custom software, and documentation, and all copies thereof, shall be shared (co-owned) with City once all invoices pertaining to this Agreement are paid in full. (Consultant seeks only to maintain ownership to the objects and routines within Consultant's source code, so that said items can be used on other engagements. It is rare that Consultant gets to use a program in its entirety without modifying it in some fashion. These building blocks of code are what provide Consultant a competitive advantage.) 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 B. The total sum to be expended under this Agreement shall not exceed $20,000 during the term of this Agreement. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 4. TERM This Agreement shall commence on the date first written above and terminate June 30, 2012, 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 Finance and Management Services 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 which 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. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary with respect to insurance or self-insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. 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 3700 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for 2 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. 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. e. 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 death, and claims for property damage, which may arise 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 this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The 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 challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. 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, 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 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: Finance and Management Services Agency -Applications Systems City of Santa Ana 20 Civic Center Plaza (M-42) P.O. Box 1988 Santa Ana, California 92702 Fax 714- 647-5486 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: On Time Consulting Services, Inc. 20245 Via Manzanillo Yorba Linda, California 92887 Fax 714-693-0617 Attn: Kenneth Herrscher 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 4 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. 5 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. /// /// /// /// /// /// /// /// 6 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: MARLA D. HUIZAR Clerk of the Council CIT F S?QANTA ANA PAUL. M. WALTERS Interim City Manager APPROVED AS TO FORM: JOSEPH STRAKA Interim City Attorney Laura Sheedy Assistant City Attorney RECOMMENDED FOR APPROVAL: FRANCISCO G IERREZ Executive Director - FMSA ON TIME CONSULTING SERVICES, INC_ KENNETH HERRSCHER President Tax ID # 9'I-'194'1589 EXHIBIT A Initial Scope of Work Three (3) days onsite Lawson Application Consulting Engagement to provide advisement, education, "best practice" recommendations, and troubleshooting on using the following Lawson application functions: Purchasing / AP /Inventory • P025 Encumbrances and Activities • Issuing Inventory from Warehouse Floor -Process Improvement • Process withholding payments -deduct percentage of invoice to pay to another entity (IRS, Franchise Tax Board, etc.) • Uploading invoices with activities (MS-Addins not working) • Entering requisitions with more than ten (10) AU -distribution code did not work. • Quarterly report Accounting • AC Cost Allocation-How to use AC32, AC37, AC30, AC130, AC131 to allocate the cost from one activity to multi other activities. • Relationship between AC35,AC34 and RW50.1 Other • Additional Lawson application topics to be determined as time permits and to the extent Consultant has knowledge of. Assumptions: 1. Lawson administrator will be available during project. 2. Internet access as needed to download products, patches, and access support. 3. Travel expense including Airfare, lodging, car rental, and actual and reasonable expense for meals will be waived for this initial scope of work. Consultant will obtain pre-approval from the City's Executive Director of Finance or his designee for any future travel expenses for future service engagements. City of Santa Ana (CSA) Responsibilities: 1 . Perform system backups of the development environment and product line that we are working on. 2. Access to Lawson products on download page. 3. Provided onsite workstation needed for on-site consulting activity. 4. Provide access to infrastructure including VPN remote network access and sign on credentials as needed to complete this SOW. 5. Conducting functional testing as required to certify successful completion of consulting activities. EXHIBIT B Service Rate Schedule Service Hourl Rate A lication /Business Consulting $150 S stems /Technical Consultin $150 Re orts 8r Interface Development $135 Software Develo ment &? Pro ammin $150 Business Intelligence Architectural ]Design and Development $150 Lawson LBI Development $150 *City will pay reasonable travel expenses, as pre-approved by the Executive Director of Finance or his designee. AG ORO CERTIFICATE OF LIABI M?y D/YY) LITY INSURANCE DA 06 O PRODUCER Yorba Linda Insurance Services, Inc THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION PO Box 661 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Yorba Linda, CA 92885 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Phone (714) 777-6368 Fax (714) 777-8369 INSURERS AFFORDING COVERAGE NAIC ? INSURED On Tim6 CiOnSUlting Setvice$ Inc INSURER A: TraVBle rS CaSUaI IDS CO Of America , - PO Box 580 INSURER B: Travelers Prop Casual Co of America 1?A62 Yorba Linda CA 92685 INSURER C: f 2p , H? INSURER D: INSURER E- COVERAGES INSURER F: THE POLICIES OF INSURANCE LISTED 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 W ITH 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 CONDrrIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 1NSR LTR ADD'L SRD TYPE OFINSURANCE POLICY NUM BEA POLICY EFFECTIVE DATE M/OINVV POLICY E]rPIRATION DATE M/DD LIMITS GENERAL LIABILITY EACH OCCURRENCE 2,000,000 Q COMMERCIAL GENERAL LIABILITY 16809490R516ACJ1 O 12/14/1 O 12/14/7 1 PREMISES Ea occurenca 300,000 ?? CLAIMS MADE ? OCCUR MED EXP (An one enlon) A y p 5,000 O PERSONAL 8 ADV INJURY 2 000 000 I D GENERAL AGGREGATE , , 4 000 000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODVCTS -COMP/OP AGG , , 4,000,000 I © POLICY Q PROJECT ® LOC AUTOMOBILE LIABILITY ANY AUTO Y6809490R516ACJ10 12/14/10 12/14/17 COMBINED SINGLE LIMIT Ea accldent) 7,000,000 O ALL OWNED AUTOS B © ? SCHEDULED AUTOS BODILY INJURY © HIRED AUTO (Par erson) S F RM BODILY INJURY Q NON OWNED AUTOS § l t? r?(? V 4 L??> ? (Per accident) O :\ ? ? ? PROPERTY DAMAGE (Per accdent) GARAGE LIABILITY __ - BELjy tit ` AUTO ONLY-EA ACCIDENT _,_ _ - j ?t SL ' ANY AUTO 0 ?-?1 ?ICa I n 1. ity At.[prn y OTHER THAN EA ACC , _.t> AUTO ONLY: AGG EXCESS/UMBRELLA L1ABlLITY EACH OCCURRENCE I ? OCCUR Q CLAIMS MADE AGGREGATE 0 DEDUCTIBLE RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LJABILITY iJUB1373X8711 O © WC SL M 72/14/70 12/14/71 T 0 ERH B ANY PROPRIETOR /PARTNER /EXECUTIVE OFFICER /MEMBER EXCLUDEDT I E.L. EACH ACCIDENT 1 ,000,000 N yes, describe under E.L. DISEASE - EA EMPLOYEE 7 ,000,000 SPECIAL PROVISIONS below E.L. DISEASE -POLICY LIMIT 1 ,000,000 OTHER A BUSINESS PERSONAL PROPERTY 16809490R516ACJ10 12/14/10 12/14/71 7,000 Deductible 4,000 DESCRIPTION OF OPERATIONS /LOCATIONS/ VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS 1 O day notice of cancellation for non-payment of premium. City of Santa Ana, its officers, employees, agents, volunteers and representatives are hereby recognized as additional insured per attached endorsement. HOLDER City of Santa Ana Clerk of the City Council 20 Civic Center Plaza (M-30) PO Bxo 1988 Santa Ana CA 92702-1989 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION 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 50 SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. 25 (2001/06) OF ®ACORD CORPORATION 1988 POLICY NUMBER 16809490R516ACri0 COMMERCIAL GENERAL LIABILITY . On Time Consulting Services, Inc. THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Name of Person or Organization: SCHEDULE City of Santa Ana, its officers, employees, agents, volunteers and representatives Subject to any limitation (s) shown in the above schedule the following applies: WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in [he schedule, but only with respect to liability arising out of "your work" or the work of others done for the named insured. CO 2010 11195 Copyright, Insurance Services Office, Inc. 1984 The insurance afforded by this policy for the additional insureds) is primary insurance and any other insurance maintained by or available to the additional insureds) is non-contributory. ?? ® ATE (MM/DD/YY) -`??'?R?° CERTIFICATE OF LIABILITY INSURANCE 06/01/11 PRODUCER Yorba Linda Insurance Services, Inc THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE PO Box 661 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Yorba Linda, CA 92885 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Phone (714) 777-8388 Fax (714) 777-8389 INSURERS AFFORDING COVERAGE NAIC # INSURER A Travelers Casualty Ins CO Of AmerlCa INSURED On Time COnSUI(In9 Se NIC@S, Inc. - - - - Travelers Prop Casualty Co of America INSURER B - -_ - PO Box 580 : __ INSURER C: Yorba Linda, CA 92885 -- - _ _.__--- ___-- - -- --- - _ _. -_ - -. INSURER D: ____ INSURER E COVERAGES INSURER F: THE POLICIES OF INSURANCE LISTED HAVE BEEN ISSUED TO THE INSURE D NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANV REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAV 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 ADD'L TYPE OF INSURANCE _ LTR INSRD-_ ____ _ POLICY NUMBER PO LICY EFFECTIVE I DATE (MM/DD/YY) POLICY EXPIRATION DATE LMM/DD/Y? LIMITS GENERAL LIABILITY n COMMERCIAL GENERAL LIABILITY CLAIMS MADE L] OCCUR A Ll LJ 11 GEN'L AGGREGATE LIMIT APPLIES PER: - - - ? POLICY 0 PROJECT 0 LOC AUTOMOBILE LIABILITY ANY AUTO ?.-_-] ALL OWNED AUTOS B r? ?.-_-? SCHEDULED AUTOS HIRED AUTOS [? NON OWNED AUTOS L_J ___- -__._-___-.--__ GARAGE LIABILITY _] ?--? ANY AUTO EXCESS/UMBRELLA LIABILITY ?] OCCUR n CLAIMS MADE u 16804940851 6ACJ 1 O 12/14/1 O 1 6809490851 6ACJ 1 0 12/14/1 O EACH OCCURRENCE 2 000,000 12/l 4/1 l DAMAGE TO RENTED PREMISES.(Ea occurence) -_ __ 300,000 - MED EXP (Any one person) -- -- 5,000 __ - - PERSONAL & ADV INJURY -2 000,000 GENERAL AGGREGATE 4,000,000 PRODUCTS -COMP/OP AGG 4,000,000 COMBINED SINGLE LIMIT l ,000,000 12/14/1 1 (Ea accident) BODILY INJURY BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) AUTO ONLY - EA ACCIDENT OTHER THAN _ EA ACC ? _ AUTO ONLY: AGG __ __ EACH OCCURRENCE AGGREGATE - - - - - EMpL [ 1 DEDUCTIBLE RETENTION $ WORKERS COMPENSATION AND U WC STATU- ?? OTH- OVERS' LIABILITY iJUB1373X8711 O 12/14/10 12/14/11 TORY LIMITS ER ' B ANV PROPRIETOR /PARTNER /EXECUTIVE E.L. EACH ACCIDENT 1 ,000,000 OFFICER /MEMBER EXCLUDED? If yes, describe under E.L. DISEASE - EA EMPLOYEE 1,000,000 SPECIAL PROVISIONS below E.L. DISEASE -POLICY LIMIT 1 ,000,000 OTHER A BUSINESS PERSONAL PROPERTY 16809490R516ACJ10 12/14/10 12/14/11 1,000 Deductible 4,000 DESCRIPTION OF OPERATIONS /LOCATIONS /VEHICLES /EXCLUSIONS ADDED BV ENDORSEMENT /SPECIAL PROVISIONS ? O day notice of cancellation for non-peen pre, mium. City of Santa Ana, its officers, employees, a s-vblu?e?s ?r?d representatives are hereby recognized as additional insured per attached endorsement. CfTY ?_; r .);.:.? CERTIFICATE HOLDER -- ' `-" <??-li_ CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE ' EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL City of Santa Ana 3O DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO Clerk Of the Clty COU nC1I THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABI LITV OF ANV KIND UPON THE INSURER, ITS AGENTS REPRESENTATIVES. 20 Civic Center Plaza (M-30) PO BXO l 988 AUTHORIZED REPRESEN E Santa Ana CA 92702-1988 ACORD 25 (2001/08) OF ® ORD CORPORATION 1988 POLICY NUMBER 68094908516 COMMERCIAL GENERAL LIABILITY On Time Consulting Services, Inc. THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: City of Santa Ana, its officers, employees, agents, volunteers and representatives Subject to any limitation (s) shown in the above schedule the following applies: WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the schedule, but only with respect to liability arising out of "your work" or the work of others done for the named insured. The insurance afforded by this policy for the additional insureds) is primary insurance and any other insurance maintained by or available to the additional insured(s) is non-contributory. CG 2010 11/85 Copyright, Insurance Services Office, Inc. 1984 DATE (MM/DD/YY) ?`? °® CERTIFICATE OF LIABILITY INSURANCE os/ol /1 l PRODUCER Yorba Linda Insurance Services, Inc THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION PO Box 661 A / l'"7/ / _?7 ?? LJ / - O(J OG ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND EXTEND OR /(/ Yorba Linda, CA 92885 , _ ALTER THE COVERAG E_AFFORDE D. BY THE POLICIES BELOW. Phone (714) 777-8388 Fax (714) 777-8389 INSURERS AFFORDING COVERAGE NAIC # INSURER A _ Travelers Casualty Ins Co of America - INSURED On Time Consulting Services ? g ' F -- Travelers Pr C lt C f A _ ? ? = ? I I t= ? 2 ? ? t ???? INSUREa s op asua y o o menca PO Box 580 - Or a Inda, A 92885 INSURER C _ INSURER D { ?? 1 ?t INSURER E -__ -__ COVERAGES ? ? -?" I ( INSURER F: THE POLICIES OF INSURANCE LISTED 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 R ESPECT 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. .T _.. ___ _-_ _.. _._ _. INSR ADD'L TYPE OF INSURANCE _LTR INSRD ___ __ __ _ POLICY NUMBER _ __ _ _ POLICY EFFECTIVE DATE MM/_D D/_YY?. _ POLICY EXPIRATION DATE (MM/DD/YYZ LIMITS GENERAL LIABILITY EACH OCCURRENCE 2,000,000 ??J COMMERCIAL GENERAL LIABILITY 16809490R516ACJ10 12/l 4/10 12/14/11 DAMAGE TO RENTED PREMISES-?aoccurence) { _ 300,000 CLAIMS MADE ? ] OCCUR MED EXP (Any one person) 5,000 ? r? PERSONAL 8 ADV INJURY 2,000,000 ?J _____ _ ___ ___ GENERAL AGGREGATE 4,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS COMP/OP AGG 4,000,000 POLICY [? PROJECT n LOC _____ ___ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 2 000 000 17 ANY AUTO i 16809490R51 6ACJl O l2/l4/1 O l2/l 4/1 1 (Ea accid_ent)_ _ , , ALL OWNED AUTOS _ I I B L?J ?... ? SCHEDULED AUTOS BODILY INJURY (Per person) L? HIRED AUTOS -- -- [?/? NON OWNED AUTOS BODILY INJURY (Per accident) -- ? - _--- --- ? ? ?P?RU?? -' PROPERTYDAMAGE (Pe a d t ____. _. _ _. ___. __.... ??3'E}- RM - r cci en ) ___-._. -- GARAGE LIABILITY AUTO ONLY - EA ACCIDENT ?. ] n ANY AUTO 1 ,? _ OTHER THAN EA ACC -- -- ..? ,- - -- ? ? __ AUTO ONLY: ._AGG _ _..._ EXCESS/UMBRELLA LIABILITY allra tltt .Stl Y __._ _ __ . _ - __ __ EACH OCCURRENCE __. _._.J I__] OCCUR I ] CLAIMS MADE !?SS1StaIIt Clt Y ttorne AGGREGATE ?_ _ ] DEDUCTIBLE 1 [_.? RETENTION $ - _ WORKERS COMPENSATION AND I EMPLOYERS' LIABILITY IJUBl373X8711 O 12/14/1 O 12/14/11 ??? TORY LIMITS ? I OqH- B ANY PROPRIETOR /PARTNER /EXECUTIVE E.L. EACH ACCIDENT l ,000,000 OFFICER /MEMBER EXCLUDED? If yes, describe under E.L. DISEASE - EA EMPLOYEE l ,000,000 SPECIAL PROVISIONS below E.L. DISEASE -POLICY LIMIT 1 ,000,000 OTHER A BUSINESS PERSONAL PROPERTY 16809490R516ACJ10 12/14/10 12/14/11 1,000 Deductible 20,000 DESCRIPTION OF OPERATIONS /LOCATIONS /VEHICLES /EXCLUSIONS ADDED BY ENDORSEMENT /SPECIAL PROVISIONS 1 O day notice of cancellation for non-payment of premium. City of Santa Ana, its officers, employees, agents, volunteers and representatives are hereby recognized as additional insured per attached endorsement. CERTIFICATE HOLDER City of Santa Ana Clerk of the City Council 20 Civic Center Plaza (M-30) PO Bxo 1988 '? Santa Ana CA 92702-1988 ACORD 25 (2001/08) OF CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION 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 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REP ENTATIVES. AUTHORIZED REPRESENTATIVE ACORD CORPORATION 1988 POLICY NUMBER 68094908516 COMMERCIAL GENERAL LIABILITY On Time Consulting Services, Inc. THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Name of Person or Organization: SCHEDULE City of Santa Ana, its officers, employees, agents, volunteers and representatives Subject to any limitation (s) shown in the above schedule the following applies: WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the schedule, but only with respect to liability arising out of "your work" or the work of others done for the named insured. The insurance afforded by this policy for the additional insureds) is primary insurance and any other insurance maintain¢d by or available to the additional insureds) is non-contributory_ CG 2010 1 1/85 Copyright, Insurance Services Office. inc. 1984