Loading...
04-0824_DAVIS COMPANY, THE_Professional Services Agreementri E Professional Services Agreement For A Examination of Staffing and Skill Levels of the Planning Department, City of San Juan Capistrano The City of San Juan Capistrano (City, hereinafter) hereby agrees to retain The Davis Company (Consultant, hereinafter) to provide an Examination of Staffing and Skill Levels of Planning Department as described in Section 1: Project Objective. Section 1. Project Objective: Consultant shall evaluate and render opinions and recommendations on current and near-term future staffing and skill level requirements for the Planning Department. The evaluation to be undertaken by Consultant will consider available quantitative (i.e., activity volume) that the department can provide and rely heavily on qualitative factors that focus on plans, processes, priorities and service levels that are present or needed in the department. The department evaluation is to be completed within an eight-week period and in accordance with the attached Project Work Plan & Schedule (Attachment A). Section 2. Compensation: As compensation for providing the services described in Section 1 above, City agrees to pay Consultant a professional fee of $190.00 per hour for Partner level services for an estimated 50 hours of work, not to exceed $10,000, including expenses. Expenses shall include reimbursement for directly incurred expenses for such items as travel, printing/copies/facsimiles, long distance telephone conferences and postage/delivery charges, in accordance with the following schedule: Expense Category a. Travel, postage and long-distance telephone charges b. Copies/Printing a Faxes received d. Faxes sent Rate Direct Charges (no mark-up) $0.15 per page $0.15 per page $0.25 per page + long distance charges Fees and expenses shall be invoiced monthly for services provided the previous 30 days, and are due upon presentation to the City. Additional or optional services shall be provided by Consultant only upon written notice from City. Section 3. Term: The agreement is effective upon the date that it is executed by City and shall continue in force until all work is completed. City may terminate the agreement for any reason upon providing five days written notice of such termination to The Davis Company, c/o Michael Davis at 555 University Avenue, Suite 116, Sacramento, CA 95825. In the event City terminates Consultant's services for reasons unrelated to Consultant's performance, City shall pay Consultant for his services, including fees and actual expenses, through the phase of work in which the Consultant is engaged as of the date of termination. The balance of the fee is then waived. Section 4. Insurance: Consultant warrants to City that The Davis Company currently has and shall keep in force without interruption at his own expense during the term of this agreement, the following insurance: (1) workers' compensation and employer's liability insurance, in accordance with the laws of the State of California; (2) broad form comprehensive public liability and property damage insurance with a limit of not less than $1,000,000.00, and (3) PROFESSIONAL SERVICESAGREEMENTR£: PLANNINGDEPT. EVALUATION PACE I SD 0 0 automobile public liability and property damage insurance, including owned, hired, and non - owned automobiles. Consultant shall furnish the City with appropriate certificates naming the City as an additional insured. Section 5: Consultant agrees to indemnify and hold harmless City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses resulting from Consultant's negligent performance of the work described herein, caused in whole or in part by any negligent act or omission of consultant, any subcontractors, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, except whereby the active negligence, sole negligence, or willful misconduct of the City. Section 6. Non -Assignment: Consultant agrees not to assign, transfer or convey any interests, rights or responsibilities applicable to this contract to other parties without the City's written consent. Signature of Consultant: Michael Davis Date: 0 4/O / Signature of City Representative: Dave Adams, City Manager Date: �0 o1`t (0 4 PROFESSIONAL SERVICES AGREEMENT RE.' PLANNING DEPT EVALUATION PAGE 2 MICHAEL DAVIS JAMES D. WILLIAMS PA The Davis Company PROJECT WORK PLAN & SCHEDULE PROJECT: Staffing and Skill Levels Evaluation CLIENT/AGENCY: San Juan Capistrano; Planning Department DATE SUBMITTED: August 13, 2004 OR 1FCTIVF: Evaluate staffing requirements for comprehensive planning and related activities in the Planning Department (e.g. current and long range planning, housing, historic preservation, regional activity monitoring, public service counter and related activities). WORK PLAN ELEMENTS Task Description Schedule 1 Projenr initiation: Review and finalize study objectives, issues, Week 1 methodologies and schedule with Planning Dir., HR Mgr., ACM and City Manager. 8/18 2 TntrnrinrePro jeCt to Planning Deput*nent Frnn—__tiny Pe_a: Conduct briefing(s) Week 2 for department employees. Suggest convening two briefing sessions to avoid closing department to the public. Briefings require approximately 8/25 30-40 minutes each. 3 FM Inyees Complete Work Activity k Inh Responsibility Weeks 3-4 Qnestionn ,�: Project consultant provides and reviews the questionnaire with employees during the Task 2 briefivs. Employees complete and 9/10 return the questionnaires by September 10 . 4 Crnr; ,t;rn) Tlntn Collection; City staff provides available statistical data re: Week 3 work load for major service activities such as: pre -application services, current application processing, long range planning, EIR processing, 9/10 counter /public service inquiries, commission support, administration and supervision, regional planning, public education, and special projects/activities, etc. (See note 2 on next page) 555 University Avenue, Suite 116, Sacramento, CA 95825 916.567.9510 TEL 916.567.9540 FAX 11150 Santa Monica Blvd., Suite 230, Los Angeles, CA 90025 310.473.1457 TEL 310.575.9739 FAX ATTACHMENT A: PROFESSIONAL SERVICES AGREEMENT RE: PLANNING DEPT. EVALUATION PAGE 3 PROJECT WORK PLAN & SPED ULE • SAN JUAN CAPISTRANO, PLANNING DEPT. PAGE 2 OF 2 PACES. Task Description Schedule 5 Review Questionnaires & Other Data: Review questionnaires in Week 5 preparation for conducting interviews with employees; review budget and organization chart(s); review statistical data (see task 4 above); 9/17 and review major plans and documents (e.g. general plan/elements; written operating procedures, manuals, guidelines, etc.). 6 Interview Employees: Interview Department employees, individually Week 6 or in small groups, to clarify workflow, work load, job tasks and 9/24 public service functions. 7 Review Staffing Support for Primary Functions: Information and Week 7 data obtained from Tasks 3-5 will be applied to evaluate staffing levels, skill requirements and workload distribution. The evaluation will also take into account supervisor's views on strengths, 10/1 weaknesses and new initiatives that are anticipated. (See notes 1-2 below) 8 Present Findings/Conclusions. Prepare and issue a Management Week 8 Letter outlining the consultant's findings, conclusions and recommendations. The Management Letter will specify 10/8 recommended solutions to existing and near-term service requirements. (See note 3 below) Note # I The main focus of the evaluation is on services and work activities that are currently assigned to the Planning Department. To the extent realignment of service activities involving other City departments may be needed to improve services and or productivity, these observations will be provided for further consideration and analysis by the City. Note #2: Through a review of employee -prepared questionnaires and interviews with employees and supervisors, an assessment of strengths and weaknesses of department staffing practices will be made with focus on: I. Permit Processing/CEQA: application intake and evaluation, initial studies and comprehensive environmental analysis, report writing, community meetings and public hearings, design review and mitigation monitoring. 2. Public Information & Assistance: counter services, public notices, dissemination of public information and pre -application assistance to prospective applicants. 3. Supervision: providing direction, supervision and training for employees and evaluating/overseeing work in progress. 4. Administrative Support: record keeping, scheduling, permit tracking and support for research and coordination of commission and community meetings. S. Special Projects: activities such as long range planning, regional/project mitigation monitoring, redevelopment/housing, historic preservation, updating of plans, policies, procedures, guidelines, and reporting to regional/State agencies, etc. Note #3: Deliverables will include recommendations to address staffing and skill level requirements, plus recommendations for organizational or reporting relationship changes that are appropriate. A TTACHMENTA. PROFESSIONAL SERV/CESAGREEMENTRE: PLANNING DEPT. EVALUATION PAGE • Professional Services Agreement For Executive Recruitment Services The City of San Jan Capistrano (City, hereinafter) hereby agrees to retain The Davis Company (Consultant, hereinafter) to provide executive recruitment services for the position of Engineering & Building Director as described in Section 1: Scope of Services. Section 1. Scope of Services: Consultant agrees to provide the services that are described in the attached letter and proposal to the City of San Jan Capistrano dated May 4, 2004, which is included as Attachment A and is a part of this agreement. This agreement includes all of the services for which Consultant is being retained. Section 2. Compensation: As compensation for providing the services described in Section 1 above, City agrees to pay Consultant a lump sum professional fee of $ 12,500.00 as follows: Professional Fee Installments * Amount Installment 1: 15 % of the fee is due upon being retained (i.e. retention fee) $1,875.00 Installment 2: 35% of the fee upon completion of • outreach tasks which as listed in Step 2 on the $ 4,375.00 Recruitment Schedule Installment 3: 35 % upon completion of Step 4 on the Recruitment Schedule — presentation of finalists $4,350.00 to the City. Installment 4: 15 % upon completion of Step 6 on the Recruitment Schedule — City's completion of $1,875.00 finalists interviews and evaluations. * See Attachment A for detailed list of Recruitment Steps In addition to the professional fee, City shall reimburse Consultant's actual cost for expenses that are directly related to the recruitment engagement in accordance with the following schedule: Expense Category Rate a. Outside printing, travel, postage and Long-distance telephone charges Direct Charges (no mark-up) • b. Copies/Printing $0.15 per page c. Report covers & bindings $1.50 per volume Professional Services Agreement — City of San Jan Capistrano page I SD 0 n u • Expense Category Rate d. Faxes received $0.15 per page e. Faxes sent $0.25 per page + long distance charges f Use of Personal Auto $0.42 per mile Fees and expenses shall be invoiced monthly and are due upon presentation to the City. The final 15% of the total fee, or $1,875.00, is invoiced upon completion of finalist interviews that City shall conduct within not more than three weeks following Consultant's presentation of finalists to City. Consultant shall be compensated at the rate of $170.00 per hour plus reimbursement for expenses in accordance with the schedule listed above for any optional or additional services that are required by the City and not included in Section I of this agreement. Additional or optional services shall be provided by Consultant only upon written notice from City. Section 3. Term: The agreement is effective upon the date that it is executed by City and shall continue in force until all work is completed. City may terminate the agreement for any reason upon providing five days written notice of such termination to The Davis Company, c/o Michael Davis at 555 University Avenue, Suite 116, Sacramento, CA 95825. In the event City terminates consultant's services for reasons unrelated to consultant's performance, City shall pay Consultant for his services, including fees and actual expenses, through the phase of work in which the consultant is engaged as of the date of termination. The balance of the fee is then waived. Section 4. Insurance: Consultant warrants to City that he currently has and shall keep in force without interruption at his own expense during the term of this agreement, the following insurance: (1) workers' compensation and employers' liability insurance, in accordance with the laws of the State of California; (2) broad form comprehensive public liability and property damage insurance with a limit of not less than $1,000,000.00, and (3) automobile public liability and property damage insurance, including owned, hired, and non -owned automobiles. Upon City's request Consultant shall immediately furnish City with appropriate certificates naming the City as and additional insured. Section 5. Indemnity: Consultant agrees to indemnify and hold harmless City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses resulting from Consultant's negligent performance of the work described herein, caused in whole or in part by any negligent act or omission of consultant, any subcontractors, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, except whereby the active negligence, sole negligence, or willful misconduct of the City. Professional Services Agreement — City of San Jan Capistrano page 2 • Section 6. Non — Assignment: Consultant agrees not to assign, transfer or convey any interests, rights or responsibilities applicable to this contract to other parties without the City's written consent. Signature of Consultant: Signature of City Representative: fT Michael Davis Date: `'-/,� Z,`7 Date: Professional Services Agreement — City of San Jan Capistrano page 3 All ACORD.a CERTIFICA OF LIABILITY INSURANCE oiio9/2 0 ) PRODUCER (916)286-5960 FAX (916)646-3996 Pan American Underwriters Inc Li c #0132491 PO Box 13792 Sacramento, CA 95853 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED The Davis Company DBA: Michael Davis 5SS University Ave Ste 116 Sacramento, CA 95825 INSURERA: Hartford Casualty Ins Company 29424 INSURERS: PHILADELPHIA INDEMNITY INS CO INSURERC IN R6: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDIN 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 kDD'L hm TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE IMMIDDIVY1 POLICY EXPIRATIONLTR LIMITS BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY 32400 Paseo GENERAL LIABILITY 57SBAG36006 07/29/2003 07/29/2004 EACH OCCURRENCE $ 1,000,00 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $ 300,000 CLAIMS MADE M OCCUR MED EXP (Any one person) $ 10,000 A PERSONAL 8 ADV INJURY $ 1,000,000 GENERALAGGREGATE $ 2,000,00 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGO $ 2,000,00 POLICY PRO LOC JECT AUTOMOBILE LIABILITY 57SBAGJ6006 07/29/2003 07/29/2004 COMBINED SINGLE LIMIT ANY AUTO (Ea accident) $ 1,000,00 BODILY INJURY $ ALL OWNED AUTOS SCHEDULED AUTOS (Per person) A BODILY INJURY $ X HIRED AUTOS X NON -OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO AUTO ONLY: AGO $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR rj CLAIMS MADE AGGREGATE $ $ $ DEDUCTIBLE $ RETENTION $ WORKERS COMPENSATION AND WC ,IT OTH- EMPLOYERS' LIABILITY E L. FACH ACCIDENT $ ANY PROPRIETORIPARTNEWEXECUTWE E. L. DISEASE - EA EMPLOYE $ OFFICER/MEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS below EL.DISEASE - POLICY LIMIT I $ roYessional PHSDO58786 06/11/2004 06/11/2005 $1000000 Per Claim Limit Liability B $1000000 Per Aggregate Limit $5,000 Retention DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS ertificate holder is named as Additional Insured per form SS00080401 with respects to general liability arising out of the operations performed by the named insured 30 day notice of cancellation for non-payment of premium CFRTIFICATF Mrd nFR CAVI I. LATION ACORD 26 (2001108) OACORD CORPORATION 1988 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL City of San Juan Capistrano 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Attn: Cindy Russell BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY 32400 Paseo Adel anto OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVE& AUTHORIZED REPRESENTATIVE San Juan Capistrano, CA 92675 ACORD 26 (2001108) OACORD CORPORATION 1988 W, 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 The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2007/08) E Maria Guevara 0 From: Maria Guevara Sent: Friday, December 10, 2004 10:13 AM fl JI To: Julia Silva n Subject: The Davis Company Hi Julia, I just want to inform you that I haven't received the workers comp insurance for T e Davis Company. I will be adding them to the non -pay list next Friday. Thanks, Maria Guevara, Administrative Secretary City of San Juan Capistrano City Clerk Division (949) 443-6309 NOV-5-2004 02:54P FROM:THE DACOMPANY 19165679540 019494683874P112 P:1,2 MICHAEL DAVIS JAMES D. WILLIAMS D s The Davis Company FAX MESSAGE TO: Julia Silva FROM: Mike Davis FAX °^O ""�'� SUBJECT: DATE: 11-5-04 PAGES (including cover sheet): 2 MESSAGE: Mike said he will work on g etting on for your City. Hope this will do for now. Sheila 555 University Avenue, Suite 116, Sacramento, CA 95825 916.567.9510 ILL 916.567.9540 FAX 11 150 Santa Monica Blvd., Suitc 230, Los Angeles, CA 90025 310.473.1457 T EL 310.575.9739 FAX NOV-5-2004 . 02:54P FROM:THE DA COMPANY 19165679540 019494883874P112 P:2/2 CER -h•^, ! DER COPY STAMS P.O. BOX 420307, SAN FRANCISCO, CA 94142-0807 COMPENSAT.ON . s RA NGE Fu N iDl CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATRe 10-28-2004 GROUP: POLICY HUMBER: 1759670-2004 CERTIFICATE ID: 4 CERTIFICATE EXPIRES 10-01-2005 4-.-OI-_701:'0-01-2005 01r8ICE OF Tim CITY CLERK 16600 CIVIC CENTER DR. SILLFLOwIR CA 907095494 This is to renrFj that we have issued a valid Worker's compensation insurance policy in a form approved by the California Insurance Ccrnmissionar to the employer named below for the policy period indicated. This policy Ia not subject to, cancellation by the Fund except upon 10 days advan�e written notice to the employer - We will also qh•e you 10 days advance notice should this policy be cancelied prlo> td its normal expirafon. _ Thosw:tm..� .' is sc:s^ce z not an insurance !icy a.^.d docs net a?nend. e? ta+ or agar the caverdfle afforded by the polity listed Herein. Notwithstanding any requirement, term or condition of any cork react or other document with respect to which tht certificate of irtsumnce may be issued or to which it may pertain, the insurance afforded by the policy described herein is subjuu io aii the Terms, exciustons, arid Wnuitiu,tb, of bush poky. JYIIIIV-�- :.r.GSG:.:.�up Arte wc90T!T, STANDARD POLICY EXCLUSIONS! XNDIVIDUAL MMLOYBES, HUBBaND AND WIFE WELOYSRS, WVLOYi:SH cc-im BD UNDER CPL INSURANCE AND EXPL40YERS =CLW D UNDER CALIFORNIA. WORXERF COMPENSATION LAW. gtipLOXb;R'S r>nrr.Imv- rTLZ ET r.,rnlrC-DS,—RN$L COSTES $1, Ov D; 000 PIS O^.."Z.7'RtANCB- Z6PL ,v DAVIS, HICHAEL DHA: THE DAVIS COMPANY 555 VWXWERSITY AVB STI 116 SlA —A � .-za C;� 1x065 1 SC''lUsi2� i aoliM eMYlwwarYNwu �c aaim mnreeG•oFF1=sfiW FUND DOMM r•^'=' Maria Guevara From: Maria Guevara Sent: Friday, November 05, 2004 1:32 PM 1)� y/ \� w To: Julia Silva ) V` Subject: RE: Insurance He doesn't if there are no other employees, in that case he needs to either fill out a form we have or send us a letter stating that he doesn't have any employees. -----Original Message ----- From: Julia Silva Sent: Friday, November 05, 2004 12:38 PM To: Maria Guevara Subject: RE: Insurance Maria, Mike Davis has worked alone on our project -- does he still need worker's comp ins? -----Original Message ----- From: Maria Guevara Sent: Friday, November 05, 2004 9:16 AM To: Julia Silva Subject: Insurance in I never received workers comp for The Davis Company. I need to add them to the non -pay list. Can you check with the before I do. Thanks, Maria Guevara, Administrative Secretary City of San Juan Capistrano City Clerk Division (949) 443-6309 Aft ^ C ALCOW, CERTIFICA IIABILITYINSUcATEIsI S DATE (MM/DDIYYYY) 08/(30/2004 PR(5S9�OF7L Pan American Underwriters Inc License #0132491 P 0 Box 3947 Fresno, CA 93650 IS D AS O1 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED The Davis Company DBA: Michael Davis SSS University Ave Ste 116 Sacramento, CA 95825 INSURERA: Hartford Casualty Ins Company 29424 INSURER B: PHILADELPHIA INDEMNITY INS CO INSURER C: INSURER INSURER E. nnVFRAf.FS THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDIN 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 LTA DD'TYpE NqR9DATE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE imminn,vyi POLICY EXPIRATION LIMITS GENERAL LIABILITY 57SBAG36006 07/29/2004 07/29/2005 EACH OCCURRENCE $ 1,000,00 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $ 360,000 CLAIMS MADE FX OCCUR MED EXP (Any one person) $ 10,000 A PERSONAL BADV INJURY $ 1,000,00 GENERAL AGGREGATE $ 2,000,00 GEN'L AGGREGATE LIMIT APPLIES PER. PRODUCTS - COMPIOP AGG $ 2,000,00 POLICY PRO- JECT M LOC AUTOMOBILE LIABILITY ANY AUTO 57SBAGJ6006 07/29/2004 07/29/2005 COMBINED SINGLE LIMIT (Ea aooidenU $ 1,000,00 BODILY INJURY $ (Per person) A X X ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS BODILY INJURY (Per accident $ PROPERTY DAMAGE $ IPer eceidenl) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO AUTO ONLY: AGG $ EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR EJ CLAIMS MADE AGGREGATE $ $ $ DEDUCTIBLE $ RETENTION $ WORKERS COMPENSATION AND WCSTATU- OTH- EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNEWEXECUTIVE OFFICERM/EMBER EXCLUDED? E . EACH ACCIDENT 5 E. L. DISEASE - EA EMPLOYE $ If yes, describB under SPECF�IAeL PROVISIONS below E. L. DISEASE - POLICY LIMIT $ B rOTesSlonal Liability PHSD092285 06/11/2004 06/11/2005 $1,000,000 Per Claim Limit $1,000,000 Per Aggregate Lmt $5,000 Retention DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS ertificate holder is named as Additional Insured per form SS00080401 with respects to general liability arising out of the operations performed by the named insured 10 day notice of cancellation for non-payment of premium City of San Juan Capistrano Attn: J. Silva Human Resources Manager 32400 Paseo Adelanto San Juan Capistrano, CA 92675 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 MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY AUTHORIZED REPRESENTATIVE ACORD 25 (2001/08) FAX: (949)493-IUS3 CACORD CORPORATION 1988 (b) That is Fire insurance for premises rented to you or temporarily occupied by you with permission of the owner; (c) That is insurance purchased by you to cover your liability as a tenant for 'property damage' to premises rented to you or temporarily occupied by you with permission of the owner; or (d) If the loss arises out of the maintenance or use of aircraft, autos' or watercraft to the extent not subject to Exclusion g. of Section A. — Coverages. (2) Any other primary insurance available to you covering liability for damages arising out of the premises or operations for which you have been added as an additional insured by attachment of an endorsement. When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (1) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (2) The total of all deductible and self- insured amounts under all that other insurance. We will share the remaining loss, it any, with any other insurance that is not described in this excess of the Limits of Insurance shown in the Declarations of this Coverage Part. c. Method of Sharing If all the other insurance permits contribution by equal shares, we will follow this method also. Under this approach, each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. This provision provides such insurance as is afforded under this coverage form, but only with respect to your operations, 'your work' or facilities owned or used by you. E gESS LIABILITY COVERAGE FORM F. OPTIONAL COVERAGES If listed or shown as applicable in the Declarations, one or more of the following Optional Coverages also apply. These coverages are subject to the terms and conditions applicable to Business Liability Coverage in this policy, except as provided below: 1. Additional Insured - Designated Person or Organization WHO IS AN INSURED under Section C. is amended to include as an insured'the person or organization shown in the Declarations, but only with respect to liability arising out of your operations or premises owned by or rented to you. 2. Additional Insured - Managers or Lessors of Premises a. WHO IS AN INSURED under Section C. is amended to include as an insured the person(s) or organization(s) shown in the Declarations; but only with respect to liability arising out of the ownership, maintenance or use of that part of the premises leased to you and shown in the Declarations and subject to the following additional exclusions: b. Additional Exclusions This insurance does not apply to: (1) Any 'occurrence' which takes place after you cease to be a tenant in that premises; or (2) Structural alterations, new construction or demolition operations performed by or for that person or organization. 3. Additional Insured - Grantor of Franchise WHO IS AN INSURED under Section C. is amended to include as an insured the person(s) or organization(s) shown in the Declarations, but only with respect to their liability as grantor of franchise to you. 4. Additional Insured - Lessor of Leased Equipment a. WHO IS AN INSURED under Section C. is amended to include as an insured the person(s) or organization(s) shown in the Declarations, but only with respect to their liability arising out of the maintenance, operation or use by you of equipment leased to you by such person(s) or organization(s). b. Additional Exclusions: This insurance does not apply: Form SS 00 08 04 01 Page 16 of 20 3USINESS LIABILITY COVERAC -ORM • (1) To any 'occurrence' which takes place (a) 'Bodily injury' or 'property damage' after the equipment lease expires; or for which the vendor is obligated to (2) To 'bodily injury' or 'property damage' pay damages by reason of the arising out of the sole negligence of the assumption of liability in a contract lessor. or agreement. 5. Additional Insured - Owners or Other This exclusion does not apply to Interests From Whom Land Has Been Leased liability for damages that the vendor WHO IS AN INSURED under Section C. is would have in the absence of the amended to include as an insured the person or contract or agreement; organization shown in the Declarations, but only (b) Any express warranty unauthorized with respect to liability arising out of the by you; ownership, maintenance or use of that part of the (c) Any physical or chemical change in land leased to you and shown in the the product made intentionally by Declarations and subject to the following the vendor; additional exclusion: (d) Repackaging, unless unpacked This insurance does not apply to: solely for the purpose of inspection, a. Any 'occurrence' that takes place after you demonstration, testing, or the cease to lease that land; or substitution of parts under b. Structural alterations, new construction or instructions from the manufacturer, demolition operations performed by or for and then repackaged in the original the person or organization shown in the container; Declarations. (e) Any failure to make such 6. Additional Insured - State or Political inspections, adjustments, tests or Subdivision - Permits servicing as the vendor has agreed a. WHO IS AN INSURED under Section C. is to make or normally undertakes to amended include s an insured the state make in the usual course of politicalal subdivision shown in the business, in connection with the D Declarations, but only with respect to distribution or sale of the products; operations performed by you or on your (f) Demonstration, installation, behalf for which the state or political servicing or repair operations, subdivision has issued a permit. except such operations performed b. Additional Exclusions at the vendors premises in This insurance does not apply to: connection with the sale of the product; (1) 'Bodily injury', 'property damage' or 'personal Products s which, (g) Productch, atter distribution or and advertising injury' arising sale e youhave been labeled or out of operations performed for the state relabeled or used a container, or political subdivision; or part or ingredient of any other thing (2)'Bodily injury' or 'property damage' or substance by or for the vendor. included in the 'product -completed operations' hazard. (2) This insurance does not apply to any 7. Additional Insured - Vendors insured person or organization, from whom you have acquired such products, a. WHO IS AN INSURED under Section C. is or any ingredient, part dr container, amended to include as an insured the entering into, accompanying or person(s) or organization(s) (referred to containing such products. below'as vendor) shown in the Declarations, (3) This Provision 7. does not apply to any but only with respect to 'bodily injury' or vendor included as an insured by an property damage' arising out of 'your endorsement issued by us and made a products' which are distributed or sold in the part of this Coverage Form. regular course of the vendors business. b. Additional Exclusions (1) The insurance afforded the vendor does not apply to: Page 16 of 20 Form SS 00 08 04 01 Form SS 00 08 04 01 Page 17 of 20 ` �• E•.17ESS LIABILITY COVERAGE FORM (4) This Provision 7. does not apply if 'bodily However, 'advertisement' does not include: injury' or 'property damage' included a. The design, printed material, information or within the 'products -completed operations images contained in, on or upon the hazard' is excluded either by the packaging or labeling of any goods or provisions of this Coverage Form or by products; or endorsement. b. An interactive conversation between or 8. Additional Insured – Controlling Interest among persons through a computer network. WHO IS AN INSURED under Section C. is 2, 'Advertising idea' means any idea for an amended to include as an insured the person(s) advertisement'. or organization(s) shown in the Declarations but bnly with respect to their liability arising out of: 3. 'Auto' means a land motor vehicle, trailer or semi -trailer designed for travel on public roads, o a. Their financial control of you; or including any attached machinery or equipment. N b. Premises they own, maintain or control while But 'auto' does not include 'mobile equipment'. you lease or occupy these premises. 4. 'Bodily injury'means bodily injury, sickness or This insurance does not apply to structural disease sustained by a person, including mental o alterations, new construction and demolition anguish or death resulting from any of these at 0 operations performed by or for that person or any time. organization. 5. 'Coverage territory' means: 9. Additional Insured – Owners, Lessees or E Contractors – Scheduled Person or a. The United States of America (including its Organization. territories and possessions), Puerto Rico N and Canada; WHO IS AN INSURED under Section C. is b. International waters or airspace, but onlyif amended to include as insured the person or the injury or damage occurs in the course of * organization shown in the Declarations, but only travel transportation between any places —_ with respect to liability arising out of your included in a. above; =_ ongoing operations performed for that insured. 10. Additional Insured – Co -Owner of Insured C. All other parts of the world if the injury or = Promises damage arises out of: = WHO IS AN INSURED under Section C. is (1) Goods or products made or sold by you =_ amended to include as an insured the parson(s) in the territory described in a. above; or Organization(s) shown in the Declarations, but (2) The activities of a person whose home only with respect to their liability as co-owner of is in the territory described in a. above, the premises shown in the Declarations. but is away for a short time on your G. LIABILITY AND MEDICAL EXPENSES business; or DEFINITIONS (3) 'Personal and advertising injury' offenses that take place through the — 1. 'Advertisement' means the widespread public Internet or similar electronic means of =_ dissemination of information or images that has communication the purpose of inducing the sale of goods, provided the Insureds responsibility to pay — products or services through: damages is determined in the United States of a. (1) Radio; America (including its territories and possessions), (2) Television; Puerto Rico or Canada, in a suit on the merits (3) Billboard; according to the substantive law in such territory, or in a settlement we agree to. (4) Magazine; 6. 'Employee' ' includes a 'leased worker'. — (5) Newspaper; 'Employee' does not include a 'temporary c b. The Internet, but only that part of a web site worker'. that is about goods, products or services for 7, 'Executive officer means a person holding any the purposes of inducing the sale of goods, of the officer positions created by your charter, products or services; or constitution, by-laws or any other similar c. Any other publication that is given governing document. widespread public distribution. Form SS 00 08 04 01 Page 17 of 20 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 The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001108)