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Home My WebLink AboutDECKSIDE POOL SERVICE 2ACity of Santa Ana ° Clerk of the Council AGREEMENT TERMINATION FORM WA Lt. _#? pr t_?tom r Please complete this form when the attached agreement and vElr _ _;=I. amendments (if any) are no longer in effect. Return form to the Clerk of the Council Office (M-30). Call 647-6520 if you have any questions. The agreement with [ No.f- fV—,5>CA 0 — jaj -0 12wa�a completed on (List all amendments. Use space elow if needed.) A -Z10- 01 (z) (Orf, f Revised 08-23 10 Office Use Only final payment has been made. Department: D�7f—CSA Phone/Ext.: Lha Signature: c�ylt�l)_ t 4IQniV�iL� Date: A-2010-131-01 UR,ANCt NN F i, 0" OAK MAY PROC!_� r; lATIL INSUR,ANC XPiI� CLERK DATE �' FIRST AMENDMENT TO AGREEMENT THIS FIRST AMENDMENT TO AGREEMENT is entered into on July 18, 2011, by and between Deckside Pool Service, Inc., a California corporation ("Contractor") and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). �-� RECITALS: A. The parties entered into that certain Agreement A-2010-131, dated July 19, 2010, (hereinafter "said Agreement") by which Contractor has provided fountain cleaning and maintenance C services. B. In accordance with the terms and conditions of said Agreement, the parties wish extend the term for an additional four month period. 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. Contractor shall continue to provide pool/fountain cleaning and maintenance services in compliance with Exhibit A, attached to said Agreement. 2. Section 2.a., COMPENSATION, shall be amended to increase compensation by $19,620, to provide service during the extended term of said Agreement. 3. Section 3, TERM, shall be amended to extend the term for an additional four month period, through October 31, 2011. 4. 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: MARIA D. HUIZAR Clerk of the Council V APPROVED AS TO FORM: By: Lainn eedy Assistant City Attorney C OF S TA ANA PVLW4. WALTERSc A mg City Manager j Y" DECKSIDE POOL Ecq_ SERVI INC. 9-�.�,- ' �14 ) f ),P/ULttn1C; (NAME) (Title) DATE (MMVDDVYYyy) Ac<>Rtf CERTIFICATE OF LIABILITY INSURANCE } w-/, —' PRO4e OPIDEC DECKS -2 09/30/J valley Service, Inc. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION LicenseM 0566246 ` # 9566246 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 800 S. Barranca Ave, Suite 200 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES Covina CA 91723 BELOW. Phone: 626-966-3664 Fax: 626-966-3895 INSURERS AFFORDINGCOVERAGE INSURED NAIC # A 00 C) --/31 —/31 INSURER Enetcentric DBA: Deckside Pool INSURER B: t, I-- 33189 Service -------- 1547 W. Struck, Unit E INSURER C: The Hartford Insurance Co. 29424 INSURER D, of the Midwest Orange CA 92867 INSR DDL INSURER E COVERAGES THE POUCIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FORTHE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO VSSCM 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 POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY OF SUCH PAID CLAIMS, INSR DDL LTR NSRO TYPE OF INSURANCE POLICYNUMBER POLICY EFFECTIVE POLICY EXPIRATION LIABILITY DATE OATE LIMITS B X X COMMERCIAL LIABILITY W MAX012009000523 EACH OCCURRENCE DAMAGE TO $ 1,000,000 09/01/10 09/01/11 RENTED PREMISEs(FAAonAao) CLAIMS MADE FX] OCCUR 3 100,000 MED FXP(My —PHWA) 3 5,000 PERSONAL &ADV INJURY $ 1,000,000 OENL AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE S 2 , OOO , OOO POLICY PRP PRODUCTS-COMPWAGO2 , 000 000 JECT LOC AUTOMOBILE UAB IM ANY AUTO COMBINED SINGLE LIMIT (FA acdO�N) $ ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per P•w„q S HIREDAUTOS NON -OWNED AUTOS BODILY INJURY (P*r ax dV*) 3 . - . PROPERTYDAMAGE (Px aooawlt) S GARAGE LIABILITY ANY AUTO � / .// AUTO ONLY - EA ACCIDENT 3 t ... ._ l/-... OTHER THAN EAACC S AUTO ONLY: �— AGO S ExcEss / UMBRELLA LIABILITY OCCUR ❑ EACH OCCURRENCE $ CLAIMS MADE AGGREGATE $ EDUCTIBLE S RETENTION S 3 COMPENSATIOROYERS. LIASI(mW t e STATU- OTH• IETORIPARTNERF-XECUTIVE YIN 34WE-OG4050 X TORYLISTSER EMBER EXCLUDED? 02/19/10 02/19/11 NH) E.LEACHACCID:NTIA 3 1000000 d. OVI IOE.L OVISIONS MIOW DISEASE -EA EMPLOYEE 3 1000000 OTHER E.L DISEASE - POLICY LIMIT 3 1000000 IESCRIPTION OF OPERAYMS / LOCATNINS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS 'ity of Santa Ana, its officers, agents, and employees are added as additional insureds per the attached CG 20 33 07 04. Primary Wording applies to the General Liability per form CG 00 01 12 07 Pages li and 12 of 16 sttached *10 day notice in the event of cancellation for non payment of premiums. "-Nv^ L C nVLUtK City of Santa Ana 20 Civic Center Plaza Santa Ana CA 92705 25 SANTA01 CANCELLATION SHOULD ANY OF THE ABOVE DNCAU1W POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE SSUNG INSURER WILL ENDEAVOR TO MAIL 30* DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE To DO SO SHALL IMPOSE ND OBUOATIDN OR LIABILITY OF ANY KIND UPON THE INSURER ITS AGENTS OR REPRESENTATIVES. 0198 -2009 ACC The ACORD name and logo are registered marks of ACORD 4- -31 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 may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER This Certificate of Insurance does not constitute a contract between the issuing insurer($), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or after the coverage afforded by the policies listed thereon. ACORD COMMERCIAL GENERAL LIABILITY CG 20 33 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II — Who Is An Insured Is amended to in - dude as an additional insured any person or or- ganizatlon for whom you are performing opera- tions when you end such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy. Such person or organization is an additiofor Q�nnyal insured only with re. age"or"personal and advertlain11, Injury" "property dam - In whole or in part, by: g caused, 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf: in the performance of your ongoing operations for the additional Insured. A person's or organization's status as an additional insured under this endorsement ends when your operations for that additional Insured are com- pleted. B. With respect to the insurance afforded to these ad- ditional Insureds, the following additional exclu- sions apply: This Insurance does not apply to: 1. "Bodily Injury", "property damage" or "personal and advertising injury' arising out of the render- ing of, or the failure to render, any professional architectural, engineering or surveying ser. Ices, including: a. The preparing, approving, or failing to pre- pare or approve, maps. shop drawings. opinions, reports, surveys, field orders. change ordara or drawings and specifica- tions: or b. Supervisory, inspection, architectural or en- gineering activities. 2. "Bodily injury" or "property damage" occurring atter. a. AA work, Including materials, parts or equip- ment furnished In connection with such work, on the protect (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or b. That portion of "your work" out of which the I ury or damage arises has been put to its Intended use by any person or organization other than another contractor or subeem- tractor engaged in performing operations for a principal as a pari of the same pmjea CO 20 33 07 04 0 ISO Properties, Inc., 2004 Page 1 of 1 asoaocsa copy (3) The nature and location of any injury or damage arising out of the "occurrence" or offense. b. If a claim is made or 'suit" is brought against any insured, you must: (1) Immediately record the specifics of the claim or "suit" and the date received; and (2) Notify us as soon as practicable. You must see to it that we receive written no- tice of the claim or "suit" as soon as practica- ble. c. You and any other involved insured must: (1) Immediately send us copies of any de- mands, notices, summonses or legal pa- pers received in connection with the claim or "suit", (2) Authorize us to obtain records and other in- formation: (3) Cooperate with us in the investigation or settlement of the claim or defense against the "suit": and (4) Assist us, upon our request, in the enforce- ment of any right against any person or or- ganization which may be liable to the in- sured because of injury or damage to which this insurance may also apply. d. No insured will, except at that insured's own cost, voluntarily make a payment, assume any obligation, or incur any expense, other than for first aid, without our consent. 3. Legal Action Against Us No person or organization has a right under this Coverage Part: a. To join us as a party or otherwise bring us into a "suit" asking for damages from an Insured: or b. To sue us on this Coverage Part unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured; but we will not be liable for damages that are not payable under the terms of this Coverage Part or that are in excess of the ap- plicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us, the insured and the claimant or the claim- ant's legal representative. 4. Other Insurance If other valid and collectible insurance is available to the Insured for a loss we cover under Cover- ages A or 13 of this Coverage Part, our obligations are limited as follows: a. Primary Insurance This insurance is primary except when Para- graph b. below applies. If this insurance is pd- mary, our obligations are not affected unless any of the other insurance is also primary. Then, we will share with all that other insurance by the method described In Paragraph c. be- low. b. Excess Insurance (1) This insurance is excess over. (a) Any of the other insurance, whether pri- mary, excess, contingent or on any oth- er basis: (i) That is Fire, Extended Coverage, Buildets Risk, Installation Risk or similar coverage for "your work"; (It) That is Fire insurance for premises rented to you or temporarily occu- pied by you with permission of the owner, (111) That is insurance purchased by you to cover your liability as a tenant for "property damage" to premises rent- ed to you or temporarily occupied by you with permission of the owner; or (iv) If the loss arises out of the mainte- nance or use of aircraft, "autos" or watercraft to the extent not subject to Exclusion g, of Section I — Coverage A — Bodily Injury And Property Dam- age Liability. (b) Any other primary insurance available to you covering liability for damages arising out of the premises or operations, or the products and completed operations, for which you have been added as an addi- tional Insured by attachment of an en- dorsement. (2) When this insurance is excess, we will have no duty under Coverages A or B to defend the insured against any "suit" if any other insurer has a duty to defend the insured against that "suit". If no other Insurer de- fends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. CG 00 0112 07 ISO Properties, Inc., 2006 Page 11 of 16 b. Any person (other than your "employee" or "volunteer worker"), or any organization while acting as your real estate manager. c. Any person or organization having proper tem- porary custody of your property if you die, but only: (1) With respect to liability arising out of the maintenance or use of that property; and (2) Until your legal representative has been ap- pointed. d. Your legal representative if you die, but only with respect to duties as such. That represen- tative will have all your rights and duties under this Coverage Part. 3. Any organization you newly acquire or form, other than a partnership, joint venture or limited liability company, and over which you maintain ownership or majority interest, will qualify as a Named In- sured if there is no other similar insurance avail- able to that organization. However: a. Coverage under this provision is afforded only until the 90th day after you acquire or form the organization or the and of the policy period, whichever is earlier; b. Coverage A does not apply to 'bodily injury" or "property damage" that occurred before you acquired or formed the organization; and c. Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations. SECTION III — LIMITS OF INSURANCE 1. The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay re- gardless of the number of: a. Insureds; b. Claims made or'suits" brought; or c. Persons or organizations making claims or bringing "suits". 2. The General Aggregate Limit is the most we will pay for the sum of: a. Medical expenses under Coverage C; b. Damages under Coverage A, except damages because of "bodily injury" or "property damage" included in the "products -completed operations hazard"; and c. Damages under Coverage B. 3. The Products -Completed Operations Aggregate Limit is the most we will pay under Coverage A for damages because of "bodily injury" and "property damage" included in the "products -completed op- erations hazard". 4. Subject to Paragraph 2. above, the Personal and Advertising Injury Limit is the most we will pay under Coverage B for the sum of all damages be- cause of all 'personal and advertising injury" sus- tained by any one person or organization. 5. Subject to Paragraph 2. or 3. above, whichever applies, the Each Occurrence Limit is the most we will pay for the sum of: a. Damages under Coverage A; and b. Medical expenses under Coverage C because of all "bodily injury" and "property dam- age" arising out of any one "occurrence". 6. Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of "property damage" to any one premises, while rented to you, or in the case of damage by fire, while rented to you or temporarily occupied by you with permission of the owner. 7. Subject to Paragraph S. above, the Medical Ex- pense Limit is the most we will pay under Cover- age C for all medical expenses because of "bodily injury" sustained by any one person. The Limits of Insurance of this Coverage Part apply separately to each consecutive annual period and to any remaining period of less than 12 months, starting with the beginning of the policy period shown in the Declarations, unless the policy period is extended after issuance for an additional period of less than 12 months. In that case, the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS 1. Bankruptcy Bankruptcy or insolvency of the insured or of the insured's estate will not relieve us of our obliga- tions under this Coverage Part. 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit a. You must see to it that we are notified as soon as practicable of an "occurrence" or an offense which may result in a claim. To the extent pos- sible, notice should include: (1) How, when and where the "occurrence" or offense took place; (2) The names and addresses of any injured persons and witnesses; and CG 00 0112 07 ISO Properties, Inc., 2006 Page 10 of 16 OP ID: KB `.� CERTIFICATE OF LIABILITY INSURANCE °" 0111`""a "" THIS CERTIFICATE IS 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(les) must be endorsed. If SUBROGATION IS WANED, 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 endorsemen s . PRODUCER 626-966-3664 Valley Insurance .Service, Inc. Ucense# 0586246 626.966-3895 800 S. Barrancs Ave, Suite 200 Covina, CA 91723 Gary Champlin COwFA= HAM PHONE I Hal! E4MLaL a: . DECKS -2 INSURER(S) AFFORDING COVERAGE NAIL a Deckside Pool 1547 W. Struck, Unit E Orange, CA 92867 — C'z C ' 1 ?51— 1 INSURER A: M9rCIJrY Insurance Company 27553 INSURER a:Alterra Excess & Surplus Ins 33189 INSURER c: The Hartford Insurance Co. 29424 INSURER o: of the Midwest INSURER E INSURER F V UY CRAM W [ JFK , JFK .O , F N� ,MQFO• wC /,w.A...., .�.w�w_ 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. wsR .6111. TYPE of INSURANCEPam J= wyn POLICY NUMBER Eff MMA POLICY EXIS LBmS GENERAL LIABILITY EACH OCCURRENCE a 1100010 B X COMMERCIAL GENERAL LIABQM X MAX012009000828 09/01111 09101112 S S 100,00 CLAIMS-MADE❑X OCCUR MED one $ 5100 PERSONAL a ADV INJURY a 11000,00 GENERAL AGGREGATE a 2,000,00 GENL AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPIOP AGG a 2,000,00 POLICY iFcTPRO' LOC a AUTOMOBILE LIASLnY COMBINED SINGLE LIMIT : 1,000,00 A ANY AUTO CCA0007272 02115111 02115/12 (Ea a= da,u) BODILY INJURY (Per perum) s X ALL OWNED AUTOS BODILY INJURY (Per amde v) i X SCHEDULED AUTOS PROPERTY DAMAGE (pw �,y) i HIREDAUTOS NON-OWNEDAUTOS a a UMBRELLA LIAR OCCUR EACH OCCURRENCE S EXCESS LIAR CLAIMS -MADE AGGREGATE _ DEDLICTIBLE S RETENTION Sa WORKERS COMPENSA710N AND P.MPLOYERV LIABILITY VNC STATU OTH C TIN ANY PROPRIETOWARTNEROEXECUTIVE Y f N OFFICERIMEMBER EXCLUDED? N I A 34WEOG4050 02119/11 02/19/12 E.L. EACH ACCIDENT S 1,000,00 - EA EMPLOYEES 11000100 KMy;NI" � �E.L.DISEASE OES RIPTIO OPERATIONS below E.LDISEASE - POLICY LWr a 1,000,00 X DESCRIPTDON OF Off -mum I LOCATIONS I vE10CLES (AWeh (CORD 161. Ad iftimal Ramarb SeheduK N mora space b nWj1nd) (SEE ATTACHED FOR ADDITIONAL INSUREDS) f+etlTlttin�Tr uwwww SA A01. City of Santa Ana Parks, Re, i atlan 8 Community: �.C- Services Agency 28 Chrk Center Plaza 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. AUTROREED REPRESENTATIVE ®1988-2009 ACORD CORPORATION. All riahts reserved. AGVRU [O tzuuwuul The ACORD name and logo are registered marks of ACORD MAX01 2009000828 ADDITIONAL INSURED INCLUDING PRIMARYINON-CONTRIBUTORY WORDING - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Locations l Of Covered operations City of Santa Ana, its officers, CITY HALL FOUNDATION - 26 CIVIC CENTER Agents, employees, and representatives PLAZA SANTA ANA, CA 26 CIVIC CENTER PLAZA SANTA ANA, CA 92701 Information required to complete this Schedule, If not shown above will be shown in the Declarations. A. Section 11— Who Is An Insured Is amended to include as an additional Insured the persons) or organizz- tion(s) shovm In the Schedule, but only with respect to liability for "bodily Injury", "property damage or Opersonal and advertising Injury" caused, In whole or In park by., 1. Your acts or omissions; or Z Tice acts or omissions of those acting on your behalf-, in the performance of your ongoing operations for the additional Insured(s) at the locallon(s) designated above. S. With respect to the Insurance afforded to these additional Insureds, the following additional exclusions apply. This Insurance does not apply to "bodily injury' or "property damage* occurring after. 1. All work, including materials, parts or equipment furnished In connection with such vxrk, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional Insured(s) at the location of the covered operations has been completed; or 2. That portion of 'your work" out of which the Injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged In performiq operations for a principal as a part of the same project. C. It is further agreed that this Insurance shall be primary and non-contributoryl but only in the event of a named insure(fs negligence. ALL OTHER POLICY TERMS, EXCLUSIONS AND CONDITIONS REMAIN UNCHANGED. MXG612 (1W10) ir.ziwfer, capyrfarl:cd moluijai of In,2urtstirr Sarvirri Office. J -1c, A,-.th 11$ Dear ission Page 1 of 1