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HomeMy WebLinkAboutSCOTT FAZEKAS ASSOCIATES, INC. - 2001-04-24 ; DEPAR>TME, L CHECKLIST FOR i` A r� TRANSMITTING $20,OOOr,&UNDER AGREEMENTS T THE CITY CL FFICIAL FILING Yes No N/A ❑ ❑ Are all blanks filled in on agreement? ❑ ❑ Has contractor signed agreement? Are all other signatures (e.g., City Attorney Approval As To Form) on agreement? Does agreement have Exhibits and/or Attachments? If Yes, Are Exhibits/Attachments marked? Are Exhibits/Attachments attached? Yes No N/A ' j5- Is Insurance required? If Yes, Is Insurance attached? Is Insurance Approved As To Form by City Attorney El If waived, is Settlement Committee approval attached? If waived, has agreement been initialed by contractor or revised to remove insurance requirement from text of agreement? Yes No N/A El El If this agreement requires documentation to be on file regarding Requests for RFPs, have you attached this documentation (see Page 1 of agreement to determine if this requirement applies)? Please complete the section below so the City Clerk's Office can enter your agreement on the computer so that it is retrievable by keyword search (termination date is required for Clerk's co'mputel:.p=toflagcrofilming/destruction purposes). Descriptionose) (such as Perform Soil Analysis Waterfr nt �^� Hilton/PCH/Atlanta): 5 FA �,L� ,y SP A f � / Termination Date: 3 0J ot g:/forms/98forms/agrmts.doc //L�� ry h PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND SCOTT FAZEKAS ASSOCIATES, INC. FOR STAFFING SERVICES Table of Contents 1 DEFINITIONS 1 2 IMPLEMENTATION 2 3 COMPENSATON 3 4 SUPERVISION OF EMPLOYEES 3 5 HOLD HARMLESS 4 6 WORKERS' COMPENSATION INSURANCE 4 7 GENERAL LIABILITY INSURANCE 4 8 CERTIFICATES OF INSURANCE 5 9 INDEPENDENT CONTRACTOR 6 10 TERMINATION OF AGREEMENT . 6 11 ASSIGNMENT AND SUBCONTRACTING 6 12 COPYRIGHTS/PATENTS 6 13 CITY EMPLOYEES AND OFFICIALS 6 14 NOTICES 6 15 IMMIGRATION 7 16 LEGAL SERVICES SUBCONTRACTING PROHIBITED . 7 17 ATTORNEY'S FEES . 7 18 REPRESENTATION . 7 19 AUDIT 7 20 TITLES 7 21 SEVERABILITY 8 22 ENTIRETY 8 0 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY.OF HUNTINGTON BEACH AND SCOTT FAZEKAS ASSOCIATES, INC. FOR STAFFING SERVICES THIS AGREEMENT is made and entered into this aYA day of A _z 2001, by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and Scott Fazekas Associates, Inc., a California corporation, hereinafter referred to as "SFA." WHEREAS, SFA is a California corporation which provides the services of its employees to government agencies for the purpose of discharging the responsibilities of government agencies; and CITY has engaged the personal services of certain persons as its employees; and Economic reasons exist which make it in the best interests of CITY to discharge certain of its responsibilities through the use of SFA employees; NOW, THEREFORE, in consideration of the promises, covenants, and warranties hereinafter set forth, the parties hereto mutually agree as follows: 1. DEFINITIONS All terms used in this Agreement shall have the customary meaning afforded such terms unless the same are used in a technical or business context, in which event such terms shall have the technical and/or special meaning normally afforded such terms within the particular trade, industry, or business to which they relate. The following are the definitions of special tenns used herein: "Current Payroll" means the payroll set forth on the document attached hereto as Exhibit"A" and incorporated by this reference as though fully set forth herein. "Employees" means those individual persons who are subject to the terns of this Agreement and whose services are identified on Exhibit "A." "Employee Tax Forms" means all forms applicable to the payroll which are required by United States, state, and local governments to be provided by an employer to an employee, including U.S. Department of the Treasury, Internal Revenue Service Form W-2 (Wage and Tax Statement) and Form W-4 (Employee's Withholding Allowable Certificate) and Fonn 1099 (as and if applicable), as well as comparable and/or counterpart forms prescribed by the.state and/or local government in which employees are performing-services pursuant to this Agreement. "Payment Due Date" means any date on or before the last day of each payroll period. 01 agree/fazekas/4/10/0) 1 "Pay Period" means the interval between payments to employees. "Payroll"means the total payroll applicable to all employees and includes the aggregate of net compensation to employees, federal withholding taxes, state and local (if any) withholding taxes, employer and employee costs pursuant to the Federal Insurance Contributions Act, employer costs pursuant to the Federal Unemployment Tax Act, employer costs for state unemployment taxes (if any), employer costs pursuant to the Voluntary Compensation Plan (if any), and employer listed service fees (as applicable). 2. IMPLEMENTATION Relationship of Parties. Effective at the commencement of business on the day of , 2001, SFA will provide to CITY those of its employees who are qualified to perform the services identified in Exhibit "A" and CITY hereby accepts such employees on the terms and conditions provided in this Agreement. Term of Agreement: This Agreement and the rights and obligations of CITY-and SFA shall commence on the effective time and date specified in paragraph 2 and shall continue until terminated. Either party may terminate this Agreement upon thirty (30) days written notice to the other party. Specification of Services and Approval of Compensation. CITY shall specify, and by notice to SFA may accept, modify, or reject the services and/or rate of compensation of .any and all employees leased to CITY in accordance with this Agreement. In the event of rejection of services and/or rejection of the rate of compensation of any employee leased to CITY, the lease made by this Agreement shall terminate as to such employee, effective upon receipt by SFA of written notice thereof. For purposes of business and financial accounting between the parties, this Agreement shall be deemed several as to each employee and shall be deemed prorated on a daily or other periodic basis necessary to give effect to the manifest intentions of the contracting parties. Changes and Adjustment in Payroll. CITY and SFA acknowledge the payroll will vary from pay period to pay period by reason of additions, terminations, and changes in compensation rates of employees. It is further acknowledged that the payroll also may vary from pay period to pay period by reason of changes in the rate and/or amount of employees withholding and/or employer payroll contributions and/or costs of employee benefit plans and programs. It is specifically agreed that the amount of all payments coming due and owing from CITY to SFA shall be adjusted (by increase or decrease, as applicable) to the extent necessary to directly reflect such changes on a current basis. All such changes and adjustments in payroll shall be mutually agreed by the CITY and SFA before revised hourly rates are applied. Employer Duties of SFA. SFA shall (1) pay all wages and other remuneration to its employees who are subject to this Agreement; (2) notify CITY of the current payroll prior to each pay period; (3) prepare and file all payroll tax returns and reports; (4) pay all amounts due and owing pursuant to the payroll tax returns and reports which are prepared and filed; (5) 01agrcedazckas/4/10/01 2 prepare, file, and furnish to employees applicable employee tax forms; and (6)prepare and file, with a copy to CITY, applicable employer tax forms. Duties of CITY. CITY shall (1) provide the workplace for all employees subject to this Agreement; (2) maintain the workplace in strict accordance with applicable health and working standards and specifications; (3) comply with all safety engineering and governmental health and safety rules, regulations, directives, orders or similar requirements; (4) provide all required safety equipment; (5) for employees located in California, take all actions necessary to establish and implement an injury and illness prevention program as required by the Occupational Injury Program Act, also known as Senate Bill 198, and codified at California Labor Code § 6401.7; (6) post or provide employee notices required by law; and (7) notify SFA immediately of all employee illnesses, accidents, injuries, and absences. 3. COMPENSATION Fee. CITY agrees to pay within the hourly range rate established in Exhibit "A" on or before each payment due date. The range rates are based on current SFA costs and is subject to change when costs change due to factors which are beyond the control of SFA'(such-as insurance, payroll tax, etc.). Any adjustments made will be commensurate with increased costs to SFA as mutually agreed by the CITY and SFA. Payment Address: All payments due SFA shall be paid to: SCOTTFAZEKAS & ASSOCIATES, INC. 30 Corporate Park, Suite 107 Irvine, CA 92606-5132 Terms of Compensation. Invoices are due within 30 days of receipt. Delinquent payments will be subject to a late payment carrying charge computed at a periodic rate of 1-1/2% per month, which is an annual percentage rate of 18%, which will be applied to any unpaid balance owed commencing forty-five (45) days after the date of the original invoice. Additionally, in the event CITY fails to pay any undisputed amounts due SFA within forty-five (45) days after payment due date, then CITY agrees that SFA shall have the right to consider said default a total breach of this Agreement and the duties of SFA under this Agreement may be terminated by SFA without liability to SFA upon ten (10) working days advance written notice. 4. - SUPERVISION OF EMPLOYEES CITY shall supervise the daily activities of employees. Employees shall discharge government responsibilities and perform in accordance with the ordinances, resolutions, rules, regulations, and procedures adopted by CITY. SFA shall have no control over such government responsibilities and such ordinances, resolutions, rules, regulations, and procedures. 01agree/fazekas/4/10/01 3 5. HOLD HARMLESS SFA shall protect, defend, indemnify and save and hold harmless CITY, its officers, officials, and employees, and agents from and against any and all liability, loss, damage, expenses, costs (including without limitation, costs and fees of litigation of every nature) arising out of or in connection with SFA's negligent performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement by SFA, its officers, agents or employees except such loss or damage which was caused by the negligence or willful misconduct of CITY. SFA shall indemnify, defend, and hold harmless CITY for the purposes of all required payroll deductions and withholdings, legally required workers' compensation insurance, and health benefits of the employees. SFA shall also indemnify, defend and hold harmless CITY for any liability arising under the Public Employees Retirement Law, as set forth in California Government Code § 20000, et seq. 6. WORKERS' COMPENSATION INSURANCE Pursuant to California Labor Code Section 1861, SFA acknowledges awareness of Section 3700 et seq. of said Code, which requires every employer to be insured against liability for workers' compensation; SFA covenants that it will comply with such provisions prior to commencing performance of the work hereunder. SFA shall maintain workers' compensation insurance in an amount of not less than One Hundred Thousand Dollars ($100,000) bodily injury by accident, each occurrence, One Hundred Thousand Dollars ($100,000) bodily injury by disease, each employee, Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease, policy limit. SFA shall require all subcontractors to provide such workers' compensation insurance for all of the subcontractors' employees. SFA shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers' compensation insurance and SFA shall similarly require all subcontractors to waive subrogation. 7. GENERAL LIABILITY INSURANCE In addition to the workers' compensation insurance and SFA's covenant to indemnify CITY, SFA shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering the Project. Said policy shall indemnify SFA, its officers, agents and employees, while acting within the scope of their duties, against any and all claims arising out of or in connection with the Project, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of$1,000,000 per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than $1,000,000 for this Project. Said policy shall name CITY, its agents, its officers, employees and volunteers as Additional Insureds, and 01 agree/fazekas/4/10/01 4 shall specifically provide that any other insurance coverage which may be applicable to the PROJECT shall be deemed excess coverage and that SFA's insurance shall be primary. Under no circumstances shall the above-mentioned insurance contain a self- insured retention, or a "deductible" or any other similar form of limitation on the required coverage. 8. CERTIFICATES OF INSURANCE Prior to commencing perfonnance of the work hereunder, SFA shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement; said certificates shall: A. provide the name and policy number of each carrier and policy, B. shall state that the policy is currently in force; and C. shall promise that such policies shall not be suspended,voided or canceled by either party, reduced in coverage or in limits except after thirty(30) days prior written notice; however, ten (10) days prior written notice in the event of cancellation for nonpayment of premium. SFA shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverages shall not derogate from the provisions for indemnification of CITY by SFA under the Agreement. CITY or its representative shall at all times have the night to demand the original or a copy of all said policies. of insurance. SFA shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. 9. INDEPENDENT CONTRACTOR SFA is, and shall be, acting at all times in the perfonnance of this Agreement as an independent contractor. SFA shall secure at its expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for SFA and its officers, agents and employees and all business licenses, if any, in connection with the services to be performed hereunder. 10. TERMINATION OF AGREEMENT All work required hereunder shall be performed in a good and workmanlike manner. CITY may terminate SFA's services hereunder at any time with or without cause, and whether or not Project is fully complete. Any termination of this Agreement by CITY shall be made in writing, notice of which shall be delivered to SFA as provided herein. 0 1 agree/fazekas/4/1 0/01 5 11. ASSIGNMENT AND SUBCONTRACTING This Agreement is a personal service contract and the supervisory work.hereunder shall not be delegated by SFA to any other person or entity without the consent of CITY. 12. COPYRIGHTS/PATENTS CITY shall own all rights to any patent or copyright on any work, item or material produced as a result of this Agreement. 13. CITY EMPLOYEES AND OFFICIALS SFA shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the applicable provisions of the California Government Code. 14. NOTICES Any notice or special instructions required to be given in writing under this Agreement shall be given either by personal delivery to SFA's agent (as designated in Section I hereinabove) or to CITY's Director of Building & Safety as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid; and depositing the same in the United States Postal Service, addressed as follows: TO CITY: TO SFA: Director-of Planning Scott Fazekas & Associates City of Huntington Beach 30 Corporate Park, Suite 107 2000 Main Street Irvine, CA 92606-5132 Huntington Beach, CA 92648 15. IMMIGRATION SFA shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification. 16. LEGAL SERVICES SUBCONTRACTING PROHIBITED SFA and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. SFA understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by SFA. 0l agree/fazekas/4/1 1/01 6 f • 17. ATTORNEY'S FEES In the event suit is brought by either party to enforce the terms and provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees. 18. REPRESENTATION. A CITY representative shall be designated by the CITY and an SFA representative shall be designated by SFA as the primary contact person for each party regarding performance of this Agreement. The following are the designated representatives: Scott Fazekas for SFA Mary Beth Broeren for the City of Huntington Beach 19. AUDIT CITY shall have the right to audit and inspect SFA records and accounts covering costs under this Agreement for a period of two years after termination of the Agreement. 20. TITLES The titles used in this Agreement are for general reference only and are not part of the Agreement. 21. SEVERA 31LITY Should any provision of this Agreement be determined to be unenforceable, such determination shall not affect the remaining provisions. REST OF PAGE NOT USED 01agree/fazekas/4/II/0] 7 22. ENTIRETY This Agreement and Exhibit "A" attached hereto, represents the entire and integrated Agreement between CITY and SFA and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be modified or amended only by a subsequent written agreement signed by both parties. IN WITHESS WHEREOF, the parties have executed this Agreement as of the date and year first above written. SCOTT FAZEKAS & ASSOCIATES, INC., CITY OF HUNTINGTON BEACH, a a California corporation California municipal corporation By: tv Scott Fazek , President Ci Administrator AND By: 5-*- APPROVED AS TO FORM: Scott Faze a, Chief Financial Officer P�� 0.2f fb/ ` 141 Ci y At or ei U v REVIEW D, INITIATED AND APPROVED: By: _ Plannin ector 0 1 agreedazekas/4/1 0/01 8 EXHIBIT "A" Services included in this Agreement by and between the City of Huntington Beach and Scott Fazekas & Associates, Inc., are listed below: Service 1: Professional Services Hourly Billing Rate Range: $40.00 to $150.00 per hour* Service 2: Counter Services Hourly Billing Rate Range: $15.00 to $50.00 per hour* Service 3: Field Services Hourly Billing Rate Range: $30.00 to $75.00 per hour* *It is understood that employees providing services may be driving City vehicles for any field assignments. If the employees use a personal car on such assignments, billing to the City of Huntington Beach will be at.the rate of$0.32/mile.: Exhibit A Page 1 of 1 4/s:4-99Agree:S FA6914 US 99-618 9/14/99 � . � :±. � . y �. �.\ � � � /%� }\~\ � � ° . . d� . . m�/\x . ^/ °^ \ � , \��. � � ate` ^ 2�: . ?}?© . . � �\( � � »# � - � � �\ . . yJ° � \� . . � � // < �� . . � \ � � 2\�� `� � \ �� . �` . , � � � \/ y . � . , \> : . � � \ \ } ° ��� < . . �: ?/ � . � \ / \ .� . � � ` �a . � ƒ � � � � ) « �\ � f � . yy , . . . � . � �» � ^ �1 _ � . »/ ° .>°±� . z/ ` \\ / © « y: » � . < .� � .»\\ . � � � � � /®�</` \ . � ; � � � �� <}\» . . � . � � :/\ \/\d � 0 • Scott F:Itzcltac & Ascoclatcx, luc. S®"o A Building Safety for Government March 21, 2001 Ms. Mary Beth Broren, A.I.C.P. City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Subject: Employment for Duane Bankey Dear Ms. Broren: Pursuant to your request, we have arranged to employ Mr. Duane Bankey at a payroll rate which will provide a similar take-home pay to what he currently receives. For FICA adjustments we will be paying $35.35/hour without benefits. The billing rate will be $44.46/hour and $68.19 for overtime if 1 '/z rate is incurred. If this meets with your approval, please sign and return. If not, please contact me at 949-475 2901. A second copy of the agreement is provided for your records. Sincerely, SCOTT FAZEKAS & ASSOCIATES, INC. Scott R. Fazekas, AIA, CBO _ President Ma BetYl Broren Date 30 Corporate Park,Suite 107, Irvine,CA 92606-5132•949/475-2901 •FAX 949/475-2560 An Equal Opportunity Employer • Scott I:poeksax & Acxochatec, Isic. ® Building Safety for Government Q�p APR 2 Z001 �TiyfF�T�Fp14AN IA10 April 9, 2001 Ms. Mary Beth Broren, A.I.C.P. City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Subject: Employment for Duane Bankey Dear Ms. Broren: In reviewing the billing for Duane Bankey my secretary realized that she had made a typing error in the original letter to you regarding his hourly rate. She changed the overtime rate to the correct new amount but didn't correctly change the straight time rate. The billing rate should have been $45.46/hour and not $44.46/hour. The overtime rate of$68.19 is correct. If you have any questions regarding the hourly rate to be charged, please call me at 949-475- 2901. Sincerely, SCOTT FAZEKAS & ASSOCIATES, INC. Scott R. Fazekas, AIA, CBO President 30 Corporate Park, Suite 107, Irvine,CA 92606-5132•949/475-2901 •FAX 949/475-2560 An Equal Opportunity Employer v� _. 2 'Jol' M- . - Nw� i I I HC.V/fU„ VCC� t> If ll.�/`1 I C. V1 LF/"IL�ILF I I J.FV�J.VI \/11VUL:' "' 06/14/00 4C0UCER THIS CERTIFICATE I ED AS A MATTER OF INFORMATION S. Levine Insurance • ONLY AND CONFERIVWIGHTS UPON THE CERTIFICATE ervices, Inc. HOLDER.THIS CERTIr1rATE DOES NOT AMEND,EXTEND OR 377 Carmel Mountain Road ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 'an Diego CA 92121 COMPANIES AFFORDING COVERAGE Kelly Howell COMPANY none No. 858-481-8692 Fax No. A American Motorists Ins/Kemper ISURED COMPANY B Lumbermens Mutual Cas/Kemper COMPANY Scott Fazekas & Associates C 15583 Harrow Lane COMPANY Poway CA 92064 D ;OVERAGES: 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. O TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS TR; DATE(MM/DD/YY) DATE(MM/DD/YY) GENERAL LIABILITY GENERAL AGGREGATE S 2,000,000 A X COMMERCIAL GENERAL LIABILITY 7RS68869403 06/05/00 06/05/01 PRODUCTS-COMP/OPAGG j s2, 000,000 CLAIMS MADE X OCCUR PERSONAL&ADV INJURY S 1, 000,000 OWNER'S&CONTRACTOR'S PROT EACH OCCURRENCE S 11000,000 FIRE DAMAGE(Any one fire) S 100,000 MED EXP(Any one person) S 10, 000 �AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT S 1, 000,000 A �_ ANY AUTO 7RS68869403 06/05/00 06/05/01 ' ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) S t X 1 HIRED AUTOS .. - ' i - �.'.::.: BODILY INJURY — - $ X: NON-OWNED AUTOS (Per accident) - ��.. .., PROPERTY DAMAGE j S GARAGE LIABILITY ` AUTO ONLY-EA ACCIDENT i S ~ ANY AUTO OTHER THAN AUTO ONLY: EACH ACCIDENT S — — i AGGREGATE S EXCESS LIABILITY EACH OCCURRENCE $ UMBRELLA FORM AGGREGATE S OTHER THAN UMBRELLA FORM S WC STATU- OTH- WORKERS COMPENSATION AND X TORY LIMITS ER EMPLOYERS'LIABILITY EL EACH ACCIDENT 5 1000000 B THE PROPRIETOR/ INCL 7BA00753403 06/05/00 06/05/01 I EL DISEASE-POLICY LIMIT S 1000000 PARTNERS/EXECUTIVE — OFFICERS ARE: EXCL EL DISEASE-EA EMPLOYEE S 1000000 OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLESlSPECIAL ITEMS Re: Buildin Safety Plan Check Services City of Huntington Beach its agents, officers and employees are named as Additional Insured per t{Le attached BP8662 endorsement. *10 day notice of cancellation applies for non-payment of premium. xx CERTIFICATE HOLDER CANCELLATION CITY= SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING COMPANY WILL41148@00094WOMAIL 3 0* DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, City of Huntington Beach Attn: Mr. Ross Cranmer 2000 Main Street Huntington Beach CA 92648 ACORD:25-S(1/95). ACORD CORPORATION 1988 • ARCHITECTS AND ENGINEERS PROGRAM ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE. READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESSOWNERS POLICY A. ADDITIONAL INSURED The following is added to paragraph C., WHO IS AN INSURED. of the Businessowners Liability Coverage Form. BP 71 08: All persons or organizations on file with the company as Additional Insureds are also an insured, but only with respect to liability arising out of your ongoing operations for that insured. B. PRIMARY COVERAGE With respect to claims arising out of the operations of the.Named Insured, such insurance as afforded by this policy is primary and is not additional to, or contributing with any other insurance carried by or for the benefits of the above Additional Insureds. C. WAIVER OF SUBROGATION, Paragraph 2., of the TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US condition, of the Businessowners Common Policy Conditions, BP 71 10, is deleted and replaced by the following: 2. Applicable to Businessowners Liability Coverage: a. If the insured has rights-to recover all or part of any pay- ment we have made under this policy, those rights are trans- ferred to us. This insurance shall not be invalidated should the Named Insured waive in writing, prior to a loss, any or all right of recovery against any party for a loss occurring. However, the insured must do nothing after a Foss to impair these rights. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. This condition does not apply to Medical Expenses Coverage. b. After a loss you may waive your rights against another party in writing, only if, at the time of the loss, that party is one of the following: A business firm: 1 ) Owned or controlled by you; or 2) That owns or controls you. D. NOTICE OF CANCELLATION 1 . If we cancel this policy for any reason other than nonpayment of premium, we will mail written notice at least 30 days before the effective date of cancellation to the Additional Insureds in paragraph A. above. 2. If we cancel this policy for nonpayment of premium, we will mail written notice at least 10 days before the effective date of cancellation to the Additional Insureds in paragraph A. above. THIS ENDORSEMENT MUST BE ATTACHED TO A CHANGE ENDORSEMENT WHEN ISSUED AFTER THE POLICY IS WRITTEN. 8P 86 62 (ED. 09 96) 9 q /� �i rnu DATE(MMIDD/YY) ACORD, .. CERT[FICA7.t...a.I'.. LIABILt�"Y �NSVI��k, E 06/02/99 PRODUCER 619-231-101 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION John Burnham & Company�I ;L�C/�,� jL�f ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE �/ HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 610 West Ash Street No. /D ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P.O. Box 2910 Ap Yd✓ems COMPANIES AFFORDING COVERAGE San Diego, CA 92112-421 //� COMPANY 1/ C'O(1��I ��� A CONTINENTAL CASUALTY INS CO/VOS INSURED COMPANY B Scott Fazekas & Associates, Inc. COMPANY ATTN: Scott Fazekas C 15583 Harrow Lane COMPANY Poway CA 92064 D _. _ _ ..._ _. ...... LISTED HAVEEEN:I:..,:UED.T E INSURED :.OR.TH::.:.: .. THIS IS 70 CERTIFY THAT THE POLICIES OF INSURANCE LIS D 0 B ISSUED TO THE I SURED 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. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR DATE(MM/DD/YY) DATE(MM/DD/YY) GENERAL LIABILITY GENERAL AGGREGATE ! COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OP AGG ! CLAIMS MADE 7OCCUR PERSONAL&ADV INJURY ! OWNER'S&CONTRACTOR'S PROT EACH OCCURRENCE ! FIRE DAMAGE(Any one fire) ! MED EXP(Any one person) S AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ! ANY AUTO ALL OWNED AUTOS ,C Fp��titi• BODILY INJURY SCHEDULED AUTOS 4(�N y AS (Per person) ! HIRED AUTOS A�4 ' ' ' �:- ti.V BODILY INJURY (Per ! NON-OWNED AUTOS �p.S-Z-' •'t� � PROPERTY DAMAGE ! GARAGE LIABILITY E•Z AUTO ONLY-EA ACCIDENT ! ANY AUTO OTHER THAN AUTO ONLY: EACH ACCIDENT ! AGGREGATE ! EXCESS LIABILITY EACH OCCURRENCE ! UMBRELLA FORM AGGREGATE ! OTHER THAN UMBRELLA FORM ! WORKERS COMPENSATION AND T RY LIMITS CTR EMPLOYERS'LIABILITY EL EACH ACCIDENT 4 THE PROPRIETOR/ INCL EL DISEASE•POLICY LIMIT ! PARTNERS/EXECUTIVE OFFICERS ARE: Fli EXCL EL DISEASE-EA EMPLOYEE 9 A OTHER PRE113970938 6/05/99 6/05/02 PROFESSIONAL 1,000,000 EACH CLAIM LIMIT LIABILITY 1,000,000 ANNUAL AGGREGATE LMT 1,000 DEDUCTIBLE PER CLAIM DESCRIPTION OF OPERAMONS/LOCATIONSNEHICLES/SPECIAL ITEMS RE: ALL OPERATIONS OF THE NAMED INSURED . :eERTIE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED THE 6n CITY OF HUNTINGTON BEACH EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL MNQ MAIL ATTN: ROSS CRANMER 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. 2000 MAIN ST. 3G�CXA�6i3baC'�6 'X3i,X°?C°Y° 14'�tIJ(vXs�CXrXi '`fo�' 6'�£rh` HUNTINGTON BEACH, CA 92648 `X `X�" X `�C�a�E?�TXd�Xd�iSXI + AUTHORIZED REPRESENT TIVE :..::.:..:...:.:;::,::..::.:; ;. : ;: :.:;..;:.>.:.:;,:.;.::...:. ::;::::::;...;:::::�3COlD EORPQfAiIaN .9....