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HomeMy WebLinkAboutAddiction Medicine Consultants, Inc. - 2005-12-01Contracts Submittal to City Clerk's Office R, 7 C 7- I V F D Hunt &-ach* 2005 DEC 16 AM I I: I I To: City Clerk c;-Y IF I'll U ial T 1 � 4') T C,� J 1'3E A CH 1. Name of Contractor: Addiction Medicine i �Y . ..... `� 2. Purpose of Contract: For Example: Audit Services or Water Quality Testing Huntington Lake - Huntington Central Park 07- Drug and Alcohol Testing Program 3. Amount of Contract: $5,200 Copy of contract distributed to: The ORIGINAL insurance certificate/waiver sent to Risk Management Initiating Dept._ City Treasurer _ ORIGINAL bonds sent to Treasurer Natn6/Ex-rensio3/ City Attomey's Office Date: 12/15/05 g:/Attymisc/forrns/city clerk contract transmittal.doc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND ADDICTION MEDICINE CONSULTANTS, INC. FOR D.O.T. DRUG AND ALCOHOL TESTING PROGRAM Table of Contents Scopeof Services.................................................................................................... 1 CityStaff Assistance............................................................................................... 2 Term; Time of Performance.................................................................................... 2 Compensation.......................................................................................................... 2 ExtraWork.............................................................................................................. 2 Methodof Payment................................................................................................. 3 Disposition of Plans, Estimates and Other Documents ........................................... 3 HoldHarmless......................................................................................................... 3 Professional Liability Insurance.............................................................................4 Certificate of Insurance........................................................................................... 5 Independent Contractor........................................................................................... 6 Terminationof Agreement...................................................................................... 6 Assignmentand Delegation..................................................................................... 6 Copyrights/Patents.................................................................................................. 7 City Employees and Officials................................................................................. 7 Notices.........................................................................................7 Consent.................................................................................................................. 8 Modification............................................................................................................ 8 SectionHeadings..................................................................................................... 8 Interpretation of this Agreement............................................................................. 8 DuplicateOriginal................................................................................................... 9 Immigration.............................................................................................................. 9 Legal Services Subcontracting Prohibited............................................................... 9 Attorney's Fees......................................................................................................... 10 Survival.................................................................................................................... 10 GoverningLaw......................................................................................................... 10 Entirety..................................................................................................................... 10 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND ADDICTION MEDICINE CONSULTANTS, INC. FOR D.O.T. DRUG AND ALCOHOL TESTING PROGRAM THIS AGREEMENT ("Agreement") is made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY, and Addiction Medicine Consultants, hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to provide professional consulting services for a complete Department of Transportation (D.O.T.) drug and alcohol testing program as more particularly set forth in Exhibit A attached hereto; and Pursuant to documentation on file in the office of the City Clerk, the provisions of the Huntington Beach Municipal Code, Chapter 3.03, relating to procurement of professional service contracts have been complied with; and CONSULTANT has been selected to perform these services, NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows: 1. SCOPE OF SERVICES CONSULTANT shall provide all services as described in Exhibit "A," which is attached hereto and incorporated into this Agreement by this reference. These services shall sometimes hereinafter be referred to as the "PROJECT." CONSULTANT hereby designates David Herold who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. agree/citywide/revisions/profservl0/15/01-A 1 2. CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONSULTANT in the performance of this Agreement. 3. TERM; TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSULTANT are to commence on December 1, 2005 (the "Commencement Date"). This Agreement shall automatically terminate three (3) years from the Commencement Date, unless extended or sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be completed no later than September 30, 2008 from the Commencement Date. The time for performance of the tasks identified in Exhibit "A" are generally to be shown in Exhibit "A." This schedule may be amended to benefit the PROJECT if mutually agreed to in writing by CITY and CONSULTANT. 4. COMPENSATION In consideration of the performance of the services described herein, CITY agrees to pay CONSULTANT on a time and materials basis at the rates specified in Exhibit "B," which is attached hereto and incorporated by reference into this Agreement, a fee, including all costs and expenses, not to exceed Five Thousand Two Hundred Dollars ($5,200.00). 5. EXTRA WORK In the event CITY requires additional services not included in Exhibit "A" or changes in the scope of services described in Exhibit "A," 'CONSULTANT will undertake such work only after receiving written authorization from CITY. Additional agree/citywide/revisions/profservl0/15/01-A 2 compensation for such extra work shall be allowed only if the prior written approval of CITY is obtained. 6. METHOD OF PAYMENT CONSULTANT shall be paid pursuant to the terms of Exhibit "B." 7. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONSULTANT agrees that title to all materials prepared hereunder, including, without limitation, all original drawings, designs, reports, both field and office notices, calculations, computer code, language, data or programs, maps, memoranda, letters and other documents, shall belong to CITY, and CONSULTANT shall turn these materials over to CITY upon expiration or termination of this Agreement or upon PROJECT completion, whichever shall occur first. These materials may be used by CITY as it sees fit. 8. HOLD HARMLESS CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents and volunteers from and against any and all claims, damages, losses, expenses, judgments, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) arising out of or in connection with CONSULTANT's (or CONSULTANT's subcontractors, if any) negligent performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement by CONSULTANT, its officers, agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of CITY. CONSULTANT will conduct all defense at its sole cost and expense and CITY shall agree/citywide/revisions/profservl0/15/01-A 3 approve selection of CONSULTANT's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as limitation upon the amount of indemnification to be provided by CONSULTANT. 9. PROFESSIONAL LIABILITY INSURANCE CONSULTANT shall obtain and furnish to CITY a professional liability insurance policy covering the work performed by it hereunder. This policy shall provide coverage for CONSULTANT's professional liability in an amount not less than One Million Dollars ($1,000,000.00) per occurrence and in the aggregate. The above - mentioned insurance shall not contain a self -insured retention, "deductible" or any other similar form of limitation on the required coverage except with the express written consent of CITY. A claims -made policy shall be acceptable if the policy further provides that: A. The policy retroactive date coincides with or precedes the initiation of the scope of work (including subsequent policies purchased as renewals or replacements). B. CONSULTANT shall notify CITY of circumstances or incidents that might give rise to fixture claims. CONSULTANT will make every effort to maintain similar insurance during the required extended period of coverage following PROJECT completion. If insurance is terminated for any reason, CONSULTANT agrees to purchase an extended reporting provision of at least two (2) years to report claims arising from work performed in connection with this Agreement. agree/citywide/revisions/profservl0/15/01-A 4 10. CERTIFICATE OF INSURANCE Prior to commencing performance of the work hereunder, CONSULTANT shall furnish to CITY a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement; the certificate shall: A. provide the name and policy number of each carrier and policy; B. state that the policy is currently in force; and C. promise that such policy 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. CONSULTANT shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverage shall not derogate from CONSULTANT's defense, hold harmless and indemnification obligations as set forth in this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of the policy of insurance. CONSULTANT shall pay, in a prompt and timely manner, the premiums on the insurance hereinabove required. 11. INDEPENDENT CONTRACTOR CONSULTANT is, and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of CITY. CONSULTANT shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, agree/citywide/revisions/profservl0/15/01-A 5 unemployment compensation and other payroll deductions for CONSULTANT and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services to be performed hereunder. 12. TERMINATION OF AGREEMENT All work required hereunder shall be performed in a good and workmanlike manner. CITY may terminate CONSULTANT's services hereunder at any time with or without cause, and whether or not the PROJECT is fully complete. Any termination of this Agreement by CITY shall be made in writing, notice of which shall be delivered to CONSULTANT as provided herein. In the event of termination, all finished and unfinished documents, exhibits, report, and evidence shall, at the option of CITY, become its property and shall be promptly delivered to it by CONSULTANT. 13. ASSIGNMENT AND DELEGATION This Agreement is a personal service contract and the work hereunder shall not be assigned, delegated or subcontracted by CONSULTANT to any other person or entity without the prior express written consent of CITY. If an assignment, delegation or subcontract is approved, all approved assignees, delegates and subconsultants must satisfy the insurance requirements as set forth in Sections 9 and 10 hereinabove. 14. 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. 15. CITY EMPLOYEES AND OFFICIALS CONSULTANT shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of agree/citywide/revisions/profservl0/15101-A 6 CITY shall have any financial interest in this Agreement in violation of the applicable provisions of the California Government Code. 16. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONSULTANT's agent (as designated in Section 1 hereinabove) or to CITY 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, to the addresses specified below. CITY and CONSULTANT may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, a reputable overnight carrier or U. S. certified mail -return receipt requested: TO CITY: City of Huntington Beach ATTN: Irma Youssefieh, Human Resources Manager 2000 Main Street Huntington Beach, CA 92648 17. CONSENT TO CONSULTANT: David Herold, President Addiction Medicine Consultants, Inc. Post Office Box 8878 Redlands, CA 92375 When CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence of the same or any other transaction or event. 18. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. agree/citywide/revisions/profservl0/15101-A 7 19. SECTION HEADINGS The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 20. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in ,all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. agree/citywide/revisions/profservl0/15101-A 8 21. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 22. IMMIGRATION CONSULTANT 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. 23. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONSULTANT 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. CONSULTANT 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 CONSULTANT. 24. ATTORNEY'S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the nonprevailing party. agree/citywide/revisions/profservl0/15/01-A 9 25. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement, shall so survive. 26. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 27. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached exhibits, contain the entire agreement between the parties respecting the subject matter of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be -'>executed by and through their authorized officers on 1(� , 20�. agree/citywide/revisions/profsery 10/15/01 -A 10 CONSULTANT, Bye yo print name ITS: (circle one) Chairma resider ice President APPROVED AS TO FORM: (2 r4tsIbS City A o ey CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California r,mrvvier-yf �F Pu'ry C �"ii A �K ►� S1-a. wraiL (PursuantTo HBMC §3.03.100) AND By: �o�-A ktp e Secretary ITS: (circle on hief Financial Officer/Asst. Secretary — Treasu 1 t/IS/a �— agree/citywide/revisions/profservl0/15/01-A II REVIEWED AND PRC City do (only for contr cts $5 00 and over) EXHIBIT A CITY OF HUNTINGTON BEACH and ADDICTION MEDICINE CONSULTANTS, INC. (AMC) Effective October I, 2005 until September 30, 2008 CONTRACTOR SCOPE OF WORK Administrated Program Services and Fee Schedule Program Services Include: Urine Drug Test (Emit Screen with GC/MC Confirmation) SAMHSA Certified Laboratory for all Urine Drug Tests Chair of Custody Forms and Collectton Supplies Random Selection Generation for Covered Employees Supervisor Training & Educational Materials Storage of Positive Specimen as Required by D.O.T. Federal Reporting as Required Collection Site Selection MRO Services for all Urine Drug Tests Transportation to SAMSA Lab Employee's Policy and Procedure Design Employee Record Administration Test Reporting Alcohol Breath Testing as D.O.T. Requires Consultant will provide a complete D.O.T. drug and alcohol testing program with a 50% random selection method for a flat fee of $50.00 per covered employee for each contract year. For 90 covered drivers the annual fee is $4,500.00. This fee will be based upon the actual number of employees in the random pool. Services beyond the random drug and alcohol would be charged by the fee schedule listed below. EXHIBIT B PAYMENT SCHEDULE - TIME AND MATERIALS (For services beyond random testing for the specified covered drivers) Program Cost Per Urine Requisition Proceessed Breath Alcohol Per Test Mobile, On Site, or at SBCL Site Supervisor's Training Program per hour Employee's Training Program per hour Substance Abuse Professional per hour D/L Isomer Confirmation Test Split Specimen GC/MS Confirmation Test $49.50 $40.00 $100.00 $100.00 $150.00 $65.00 $150.00 Rates for services are based upon current market contracts, adjustments in rates can occur with the agreement of both parties. s11 PROFESSIONAL SERVICE CONTRACTS Htiom, � PURCHASING CERTIFICATION 1. Requested by: Irma Youssefieh, Human Resources Manager 2. Date: November 3, 2005 3. Name of consultant: Addiction Medicine Consultants, Inc. 4. Attach the written statement of the specification, conditions and other requirements for the requested services that was provided to solicted consultatnts in your answer to 11 of this form. See Exhibit A of contract 5. Amount of the contract: $ 5 , 200.00 6. Are sufficient funds available to fund this contract?' ® Yes, ❑ No 7. Company number and object code where funds are budgeted: 10030403.69365 8. Is this contract generally described on the list of professional service contracts approved by the City Council'? ] Yes, ❑ No 9. Is this contract within $25,000 or 25% (whichever is less) of the amount stated on the list of professional service contracts approved by the City Council?' In Yes, ❑_N�_--.__.. - 10. Were (at least) informal written proposals requested of three consultants? ❑ Yes, Q No Interagency transaction with City of Oxnard per Agreement No. 3519-05-HR 11. contact telephone number). N/A 12. Attach proposed scope of work proposals were requested (including a See Exhibit A of contract 13. Attach proposed payment schedule. See Exhibit B of contract R HAR AMADRIL, Mana er Purchasing/Central Services ' If the answer to any these questions is "No," the contract will require approval from the City Council. Documentl 11/3/2005 10:47 AM Y AY INSURANCE AND INDEMNIFICATION WAIVER MODIFICATION REQUES DEC C 6 2005 1. Requested by: Christi Mendoza, Risk Management city of whim . un 8e e, 2. Date: December 6, 2005 pity Attomey's Offic 3. Name of contractor/permittee: Addiction Medicine Consultants Inc (dba: AMC) 4. Description of work to be performed: Company participates in the city's random drug testing program collecting urine sampling. 5. Value and length of contract: $5,200.00; Three (3) years 6. Waiver/modification request: Cancellation clause wording/professional liability insurance 7. Reason for request and why it should be granted: Unable to comply with the cifir's cancellation clause wording insurance requirement 8. Identify the risks to the City in approving this waiver/modification: None. De Varn6iit d Sign ture ate: APPROVALS Approvals must be obtained in the order listed on this form. Two approvals are required for a request to be granted. Approval from the City Administrator's Office is only required if Risk Manag!T!5±inb oe City Attorney's Office disagree. 1. Risk Management Approved ❑ Denied' Signature Date 2. City Attorney's Office roved ❑ Denie (�YV / 1vit Z inn., Date 3. City Administrator's Office ❑ Approved ❑ Denied Signature Date If approved, the completed waiverimodification request is to be submitted to the City Attorney's Office along with the contract for approval. Once the contract has been approved, this form is to be filed with the Risk Management Division of Administrative Services agennlr_eeFn . AC014 'CERTIFICATE OF LIABILITY INSURANCE 11/15/ 5D ) PRODUCER BB&T Insurance 110 Dixie Street 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. Carrollton, GA 30117 770 214-1991 j-4- INSURERS AFFORDING COVERAGE NAIC # INSURED Addiction Medicine Consultants Inc. dba AMC P.O. Box 8878 Redlands, CA 923755 wsURERA: Markel lns(StringerWare) ; 38970 INSURER B: INSURER C: INSURER D: INSURER E: COVFRAGFS THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES_ AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR ADD' NSR TYPE OF INSURANCE POLICY NUMBER DATEYMM/D CTIVE PDATE MM/DD CY EXPIRATION LIMITS GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY DAM APREMAGEISES (RENTED E occurrence) $ CLAIMS MADE 1-1 OCCUR MEEK EXP_(Avy one person) $. PERSONAL 8 ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ POLICY PRO- JECT LOC AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per accident) .... _... $ ». _.... _. HIRED AUTOS - NON -OWNED AUTOS - - - - .. .... - .... .NSA �� PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY �� A AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO $ AUTO ONLY: AGG EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR F1 CLAIMS MADE AGGREGATE $ $ DEDUCTIBLE $ RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE T OR LIMIT OTH- E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYE $ OFFICER/MEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE -POLICY LIMIT$ A OTHER Professional 3CD33013042 09/08/05 09/08/06 $1,000,000 Occurrence $3,000,000 Aggregate DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS Professional Liability - Testing Services; Claims Made; Retro Date: 09/08/03 Deductible: $1,000; Training Endorsement; CERTIFICATE HOLDER CANCELLATION City of Huntington Beach, HR Div. Attn: Irmayoussefieh 2000 Main Street Huntington Beach, CA 92648 LD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN :E TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL jE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR ACORD 25 (2001108) 1 of 2 #1635462 PDW 0 ACORD CORPORATION 1988