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Contract - Kasprzyk, Theresa R. - 2012-07-20AGREEMENT FOR CONSULTANT SERVICES This Agreement ( "AGREEMENT ") is made and effective as of July 20, 2012, between the Costa Mesa Sanitary District, a sanitary district ( "DISTRICT "), and Theresa R. Kasprzyk, an Independent Contractor ( "CONSULTANT "). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: Recitals WHEREAS, the DISTRICT has determined that it is in the best interest of the DISTRICT to contract for website redesign services; and WHEREAS, CONSULTANT is an independent contractor and DISTRICT desires to utilize the services of CONSULTANT to review and redesign the DISTRICT's website located at www.crosdca.gov, and WHEREAS, the DISTRICT has determined that the CONSULTANT possesses the professional skills and ability to provide said services for the DISTRICT; NOW, THEREFORE, the parties hereto agree as follows: TERM This AGREEMENT shall commence on July 20, 2012, and shall remain and continue in effect until tasks described herein are completed unless sooner terminated pursuant to the provisions of this AGREEMENT. 2. SERVICES CONSULTANT shall perform the tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. CONSULTANT shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. 3. PERFORMANCE CONSULTANT shall, at all times, faithfully, competently, and to the best of his /her /its ability, experience, and talent perform all tasks described herein. CONSULTANT shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of CONSULTANT hereunder in meeting its obligations under this AGREEMENT. PSA 12 07 4. DISTRICT MANAGEMENT The General Manager shall represent DISTRICT in all matters pertaining to the administration of this AGREEMENT, including review and approval of all products submitted by CONSULTANT. Notwithstanding the foregoing, the General Manager's authority to enlarge the tasks to be performed or change CONSULTANT's compensation is subject to Section 5 hereof. 5. PAYMENT (a) DISTRICT agrees to pay CONSULTANT an amount not to exceed Seventeen Thousand Dollars ($17,000.00) for the total term of this AGREEMENT unless additional payment is approved as provided in this AGREEMENT. Said sum includes travel and other costs. DISTRICT agrees to pay 50 percent ($8,500) prior to commencement of services and 50 percent ($8,500) upon completion of the project. (b) CONSULTANT shall not be compensated for any services rendered in connection with its performance of this AGREEMENT that are in addition to those set forth herein, unless such additional services are requested in a written change order and are approved in advance and in writing by DISTRICT. The written change order requirement cannot be waived. The General Manager may approve change orders for additional work not to exceed the cumulative value of ten percent (10 %) of the total contract sum. Any additional work in excess of this cumulative amount shall be approved by the Board of Directors. (c) CONSULTANT will submit invoices upon task completion unless otherwise agreed. Payment shall be made within thirty (30) days of receipt of each invoice as to all non - disputed fees. If DISTRICT disputes any of CONSULTANT's fees, DISTRICT shall give written notice to CONSULTANT within thirty (30) days of receipt of an invoice of any disputed fees contained in the invoice. 6. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE (a) The DISTRICT may, at any time, for any reason, with or without cause, suspend or terminate this AGREEMENT, or any portion hereof, by serving upon the CONSULTANT written notice. Upon receipt of said notice, the CONSULTANT shall immediately cease all work under this AGREEMENT, unless the notice provides otherwise. If the DISTRICT suspends or terminates a portion of this AGREEMENT, such suspension or termination shall not make void or invalidate the remainder of this AGREEMENT. (b) In the event this AGREEMENT is terminated pursuant to this Section, the DISTRICT shall pay to CONSULTANT the actual value of the work performed up to the time of termination, provided that the work performed is of value to the DISTRICT. 2 PSA 12 07 CONSULTANT shall immediately turn over all work - product to DISTRICT in a readily usable form. Upon termination of the AGREEMENT pursuant to this Section, the CONSULTANT will submit an invoice to the DISTRICT pursuant to Section 5. 7. DEFAULT OF CONSULTANT (a) The CONSULTANT's failure to comply with the provisions of this AGREEMENT shall constitute a default. In the event that CONSULTANT is in default for cause under the terms of this AGREEMENT, DISTRICT shall have no obligation or duty to continue compensating CONSULTANT for any work performed after the date of default and can terminate this AGREEMENT immediately by written notice to the CONSULTANT. If such failure by the CONSULTANT to make progress in the performance of work hereunder arises out of causes beyond the CONSULTANT's control, and without fault of negligence of the CONSULTANT, it shall not be considered a default. (b) As an alternative to the procedure for immediate termination for default set forth in subparagraph (a), if the District Manager or his /her delegate determines that the CONSULTANT is in default in the performance of any of the terms or conditions of this AGREEMENT, he /she may in his /her discretion cause to be served upon the CONSULTANT a written notice of the default and demand to cure. The CONSULTANT shall have ten (10) days after service upon it of said notice to cure the default by rendering a satisfactory performance. In the event that the CONSULTANT fails to cure its default within such period of time, the DISTRICT shall have the right, notwithstanding any other provision of this AGREEMENT, to terminate this AGREEMENT without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this AGREEMENT. 8. OWNERSHIP OF DOCUMENTS (a) CONSULTANT shall maintain complete and accurate records with respect to the professional services required by this AGREEMENT and will produce the work product specified in Exhibit A and other such information required by DISTRICT that relate to the performance of services under this AGREEMENT. CONSULTANT shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. CONSULTANT shall provide free access to the representatives of DISTRICT or its designees at reasonable times to such books and records; shall give DISTRICT the right to examine and audit said books and records; shall permit DISTRICT to make transcripts therefrom as necessary; and shall allow inspection of all work, data, documents, proceedings, and activities related to this AGREEMENT. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. 3 PSA 12 07 (b) Upon completion, termination, or suspension of this AGREEMENT, all work product reduced to any medium and other documents prepared in the course of providing the services to be performed pursuant to this AGREEMENT shall become the sole property of the DISTRICT and may be used, reused, or otherwise disposed of by the DISTRICT without the permission of the CONSULTANT. With respect to computer files, CONSULTANT shall make available to the DISTRICT, at the CONSULTANT's office and upon reasonable written request by the DISTRICT, the necessary computer software and hardware for purposes of accessing, compiling, transferring, and printing computer files. Said software and hardware shall be made available to DISTRICT at CONSULTANT's cost. 9. INDEMNIFICATION (a) Indemnification for Professional Liability. When the law establishes a professional standard of care for CONSULTANT's services, to the fullest extent permitted by law, CONSULTANT shall indemnify, protect, defend, and hold harmless DISTRICT and any and all of its officials, employees, and agents from and against any and all losses, liabilities, damages, costs, and expenses, including attorney's fees and costs to the extent the same arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of CONSULTANT, its officers, agents, employees, or subconsultants (or any entity or individual that CONSULTANT shall bear the legal liability thereof) in the performance of professional services under this AGREEMENT. (b) Indemnification for Other than Professional Liability. Other than in the performance of professional services and to the fullest extent permitted by law, CONSULTANT shall indemnify, defend, and hold harmless DISTRICT and any and all of its employees, officials, and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses, or costs of any kind, whether actual, alleged, or threatened, including attorney's fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise out of, pertain to, relate to, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this AGREEMENT by CONSULTANT or by any individual or entity for which CONSULTANT is legally liable, including, but not limited to, officers, agent, employees, or subconsultants of CONSULTANT. 10. INSURANCE CONSULTANT shall maintain prior to the beginning of and for the duration of this AGREEMENT insurance coverage as specified in Exhibit B attached to and made part of this AGREEMENT. 4 PSA 12 07 11. INDEPENDENT CONSULTANT (a) CONSULTANT is and shall at all times remain as to the DISTRICT a wholly independent consultant. The personnel performing the services under this AGREEMENT on behalf of CONSULTANT shall at all times be under CONSULTANT's exclusive direction and control. Neither DISTRICT nor any of its officers, employees, or agents shall have control over the conduct of CONSULTANT or any of CONSULTANT's officers, employees, or agents, except as set forth in this AGREEMENT. CONSULTANT shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of the DISTRICT. CONSULTANT shall not incur or have the power to incur any debt, obligation, or liability whatsoever against DISTRICT or bind DISTRICT in any manner. (b) No employee benefits shall be available to CONSULTANT in connection with the performance of this AGREEMENT. Except for the fees paid to CONSULTANT as provided in the AGREEMENT, DISTRICT shall not pay salaries, wages, or other compensation to CONSULTANT for performing services hereunder for DISTRICT. DISTRICT shall not be liable for compensation or indemnification to CONSULTANT for injury or sickness arising out of performing services hereunder. 12. LEGAL RESPONSIBILITIES The CONSULTANT shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this AGREEMENT. The CONSULTANT shall at all times observe and comply with all such laws and regulations. The DISTRICT and its officers and employees shall not be liable at law or in equity occasioned by failure of the CONSULTANT to comply with this Section. 13. UNDUE INFLUENCE CONSULTANT declares and warrants that no undue influence or pressure has been used against or in concert with any officer or employee of the DISTRICT in connection with the award, terms, or implementation of this AGREEMENT, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of the DISTRICT will receive compensation, directly or indirectly, from CONSULTANT or from any officer, employee, or agent of CONSULTANT in connection with the award of this AGREEMENT or any work to be conducted as a result of this AGREEMENT. Violation of this Section shall be a material breach of this AGREEMENT entitling the DISTRICT to any and all remedies at law or in equity. 5 PSA 12 07 14. NO BENEFIT TO ARISE TO LOCAL EMPLOYEES No member, officer, or employee of DISTRICT, or their designees or agents, and no public official who exercises authority over or has responsibilities with respect to the project during his /her tenure or for one year thereafter shall have any interest, direct or indirect, in any agreement or sub - agreement, or the proceeds thereof, for work to be performed in connection with the project performed under this AGREEMENT. 15. RELEASE OF INFORMATION / CONFLICTS OF INTEREST (a) All information gained by CONSULTANT in the performance of this AGREEMENT shall be considered confidential and shall not be released by CONSULTANT without DISTRICT's prior written authorization. CONSULTANT and its officers, employees, agents, or subconsultants shall not, without written authorization from the General Manager or unless requested by the District Counsel, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories, or other information concerning the work performed under this AGREEMENT or relating to any project or property located within the DISTRICT. Response to a subpoena or court order shall not be considered "voluntary" provided CONSULTANT gives DISTRICT notice of such court order or subpoena. (b) CONSULTANT shall promptly notify DISTRICT should CONSULTANT or its officers, employees, agents, or subconsultants be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, requests for admissions, or other discovery request, court order, or subpoena from any person or party regarding this AGREEMENT or the work performed thereunder or with respect to any project or property located within the DISTRICT. DISTRICT retains the right, but has no obligation, to represent CONSULTANT and /or be present at any deposition, hearing, or similar proceeding. CONSULTANT agrees to cooperate fully with DISTRICT and to provide the opportunity to review any response to discovery requests provided by CONSULTANT. However, DISTRICT's right to review any such response does not imply or mean that DISTRICT has a right to control, direct, or rewrite said response. (c) CONSULTANT covenants that neither he /she /it nor any officer or principal of their firm have any interest in, or shall acquire any interest, directly or indirectly, which will conflict in any manner or degree with the performance of their services hereunder. CONSULTANT further covenants that in the performance of this AGREEMENT, no person having such interest shall be employed by it /them as an officer, employee, agent, or subconsultant. CONSULTANT further covenants that CONSULTANT has not contracted with nor is performing any services, directly or indirectly, with any developer(s) and /or property owner(s) and /or firm(s) and /or partnership(s) owning property in the DISTRICT or the study area and further covenants and agrees that CONSULTANT and /or its subconsultants shall provide no service or enter into any agreement or agreements with a /any developer(s) and /or property owner(s) and /or 6 PSA 12 07 firm(s) and /or partnership(s) owning property in the DISTRICT or the study area prior to the completion of the work under this AGREEMENT. 16. NOTICES Any notices which either party may desire to give to the other party under this AGREEMENT must be in writing and may be given by: (i) personal service, (ii) delivery by a reputable document delivery service, such as, but not limited to, Federal Express, which provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by notice: To DISTRICT: Costa Mesa Sanitary District 628 West 19th Street Costa Mesa, California 92627 Attn: District Clerk To CONSULTANT: Theresa R. Kasprzyk 13861 Jasperson Way Westminster, California 92683 17. ASSIGNMENT The CONSULTANT shall not assign the performance of this AGREEMENT, nor any part thereof, nor any monies due hereunder, without prior written consent of the DISTRICT. 18. LICENSES At all times during the term of this AGREEMENT, CONSULTANT shall have in full force and effect all licenses required of it by law for the performance of the services described in this AGREEMENT. 19. GOVERNING LAW DISTRICT and CONSULTANT understand and agree that the laws of the State of California shall govern the rights, obligations, duties, and liabilities of the parties to this AGREEMENT and also govern the interpretation of this AGREEMENT. Any litigation concerning this AGREEMENT shall take place in the superior or federal district court with jurisdiction over the DISTRICT. 7 PSA 12 07 20. ENTIRE AGREEMENT This AGREEMENT contains the entire understanding between the parties relating to the obligations of the parties described in this AGREEMENT. All prior or contemporaneous agreements, understandings, representations, and statements, oral or written, are merged into this AGREEMENT and shall be of no further force or effect. Each party is entering into this AGREEMENT based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 21. CONTENTS OF REQUEST FOR PROPOSAL AND PROPOSAL CONSULTANT is bound by the contents of Exhibit A, hereto and incorporated herein by this reference. In the event of conflict, the requirements of DISTRICT's Request for Proposals and this AGREEMENT shall take precedence over those contained in the CONSULTANT's proposals. 22. MODIFICATION No modification to this AGREEMENT shall be effective unless it is in writing and signed by authorized representatives of the parties hereto. This written modification requirement cannot be waived. 23. AUTHORITY TO EXECUTE THIS AGREEMENT The person or persons executing this AGREEMENT on behalf of CONSULTANT warrant(s) and represent(s) that he /she /they has /have the authority to execute this AGREEMENT on behalf of the CONSULTANT and has /have the authority to bind CONSULTANT to the performance of its obligations hereunder. 24. INTERPRETATION In the event of conflict or inconsistency between this AGREEMENT and any other document, including any proposal or Exhibit hereto, this AGREEMENT shall control unless a contrary intent is clearly stated. 25. BUSINESS LICENSE CONSULTANT shall obtain a business license from the City of Costa Mesa unless legally exempt. 8 PSA 12 07 IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be executed this day and year first above written. COSTA MESA SANITARY DISTRICT Scott C. Carroll, General Manager Anna Sanchez, A inistrative Service Manager ATTEST: District Clerk APPROVED AS TO FORM: Colin Burns, Associate District Counsel 9 PSA 12 07 THERESA R. KASPRZYK ignature Theresa R. Kasprzyk Typed Name Consultant Title Exhibit A Theresa R. Kasprzyk Website Design — Graphic Design — Multimedia — Grant. Writing — Publicist Services February 10, 2012 (Revised July 3, 2012) Costa Mesa Sanitary District 628 W. 19th Street Costa Mesa, CA 92627 -2716 Subject: RFP for CMSDCA.GOV Website Design Proposal for Website Design for Costa Mesa Sanitary District This Design Proposal is made on February 10, 2012, between Costa Mesa Sanitary District herein referred to as "Client "., and Theresa Kasprzyk, herein referred to as "Contractor ", functioning in the capacity of an Independent Contractor, for Consulting Services to be rendered by Contractor on behalf of Client for the web site located at WWW. CMSDCA.GOV for the purpose of achieving a complete web site design. The purpose of this Design Proposal is to precede a.possible longer term, continuing working arrangement'forperformance of web site. Review of Current. Web Site and Charity Advantage Prototype Current site pages were indexed at a total of 170 pages. Information about District services and policies number approximately 50. Meetings, agendas; minutes and other document pages numbered approximately 90. The remaining pages were linked to photo galleries. Charity Advantage prototype pages were indexed at 46 pages which include the core information pages about the District. Site navigation with dropdown menus and sidebars will improve both performance and. ease of use. Charity Advantage prototype has established clear categories for new dropdown menus. Meetings, minutes, and agenda pages could be consolidated using tables and a. customized navigation for those sections. Archived documents need to be resorted, renamed and accessed efficiently. A sample template for the site map is included with this proposal as a starting point for development of the site based on the Charity Advantage prototype provided,by Management Analyst, Javier Ochiqui. For development purposes, the site map template will act as a blueprint for Contractor. Best practices for document handling will improve site performance and user experience. PDF files need consistent naming conventions to make searching and indexing.more efficient. Currently, the file structure and similar names for many documents will cause search result errors or return null results. New naming strategies for all documents need to be established by staff consensus. Lower case and underscore between words are already being used inmost cases For accessing from a database, use consistent 6 place date format mm- dd -yr, 02.- 10 -12, for February 10, 2012. Database guidelines and tips are available to help with file naming conventions. PDF size ranges from 1 MB to 20 MB. Given that many documents are text only, it appears in some cases the documents were scanned rather than converted froin Word or Excel documents to Acrobat PDF. These scanned documents will not render on many portable devices or electronic readers. In addition-the text cannot be enlarged or read by voice translators for accessibility. ADA Compliance: Code and tags for images, links, and layout should follow the latest recommendations to make the site accessible. This is inherent in the new design which will be rendered with style sheets and adjustable text size. Consider including the following in the new site: ADA Policy Costa Mesa, Sanitary District is. committed to making this website as accessible as possible to everyone. To this end, we continually strive to ensure the pages on this website meet or exceed the requirements of Section 508 of the Rehabilitation Act of 1973. Please note that although many documents and applications on this site are accessible to machine- reading devices, some legacy documents and applications are not. Our efforts to retrofit and/or upgrade non - accessible information are ongoing. If you are experiencing difficulties accessing information or would like other information on or about this site, please call the Costa Mesa Sanitary District at (949) 645- 8400 or email us at webmaster @crosdca.gov. 1. Services To Be Performed. Contractor agrees to provide the following consulting services for Client. for the purpose of achieving satisfactory web site design. Per description of project by Management Analyst, Javier Ochiqui, the new site will consist of. a redesigned home page, over 100 total site pages, links to internal and external web pages, archiving and links to District minutes and agendas from previous years, image gallery, company logo, new banner, search capability, with the ability to provide customer satisfaction surveys. 2. Site Development Recommendations. a. Review hosting contract and consider relocating the site to a company that installs and maintains the latestversions of web management software. Contractor recommends using HostGator http://www.hostgator.com/ for the Hosting Service based on platform stability, and technical support. Staff will be trained after completion of project to perform basic page updates and uploading images using FTP or other content management software: b. Professional images may be obtained from Shutterstock, http : / /www.shutterstock.com, which offers 12 royalty free images for $49 which may be used to graphically enhance the site. District will purchase images if needed. Website Package Elements: E- mail/phone /on -site consultation: Up to 12 hours total for general orientation and education, Web design consultation, and helping Client learn to update the site. Additional education and consultation are at $30 hourly rate. Words of text supplied by the Client.. PDF documents supplied by Client. All content available on current live website will be downloaded to Contractors location, reviewed and incorporated into the new design. • Navigation menu will appear on every page either horizontally and/or vertically as directed by Client. Navigation will be established prior to design and includes dropdown menus, sidebars, and external links. A sitemap template will act as a guide for the Contractor, Organization of archives by staff consensus. • Links to external pages and PDF files will open a new browser window. Currently the live site has 40 external links to outside sites. • Logo, graphics package. Masthead graphic at the top of each page will incorporate company logo. Top -of -page section identifier text for all other pages. Professional formatting and color palette compatible with company logo and colors. Purchase of images or graphics as shown on Charity Advantage prototype by Client. • Photos and other miscellaneous graphic images supplied.by Client will.be incorporated in website, in addition to masthead. Preferred formats: jpeg, gif, tiff, prig. Will resize and crop Client supplied photos as directed from digitized images via email or CD. • Installation and testing of webpages on the client's web hosting service or new host. • Minor updates and textual changes to existing webpages for 30 days from date of completion, subject to the limits outlined below. Additional changes or new pages that involve changing, the navigation will be billed at $30 /hourly rate. • E -mail, contact information, and copyright appear on each page. • Search Box for internal navigation All items delineated in items, as listed above, are included, and are based upon the site as -is at the time, services are contracted. Modifications independently made to pages by Client which can substantially affect and alter rendering, appearance and performance for the site pages, without timely notification to Contractor, may result in duplication of work by Contractor. Such altered pages will, therefore, no longer be considered part of the original agreement, and may be, billed separately in order for work to continue on the altered pages. 2 Payment. In consideration and for compensation, of Contractor's performance of these services, Client agrees to pay the Contractor the mutually agreed upon price of $17,000.00, to be performed on behalf of Client to be paid at 50% prior to commencement of services and 50% upon completion, either by U.S.P.S., or in person. .3. Time Considerations. The term of this agreement is for a period of 120 days with work commencing after receipt by Contractor of the agreed upon payment, to be received no later than 7 days of signed agreement. Client understands that he may not hold Contractor responsible for failure of either himself or the Web Developer of his choice to provide necessary materials, text and information, or to execute and/or implement recommended modifications, or to implement in a timely fashion. 4. Client Responsibility and Copyright Considerations. Client will supply Contractor with all text, documents and other necessary materials, if applicable to the project, for performance of agreed upon services. Client affirms that he is the full copyright owner of such materials, or that he has obtained proper permission from the copyright owner(s) for use of such materials. Client will indemnify Contractor and hold Contractor harmless against any claims of libel, copyright, or trademark infringement brought against Contractor with respect to use of those materials. 3 6. Legal Venue. Any disputes arising from this Agreement will be litigated or arbitrated in (my county; my state). This Agreement shall be governed in accordance with the laws ofthe State of California, USA. 4 Mi - - - - 6. Legal Venue. Any disputes arising from this Agreement will be litigated or arbitrated in (my county; my state). This Agreement shall be governed in accordance with the laws ofthe State of California, USA. 4 To: From: Date: Subject: Exhibit B ... an Independent Specia( District Contractors Anna Sanchez, Administrative Service Manager July 17, 2012 District Insurance Requirements Minimum Scope of Insurance Coverage shall be at least as broad as the latest version of the following: (1) General Liability. Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001): (2) Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); and (3) Workers' Compensation and Employer's.Liability: Workers' Compensation. insurance as required by the State of California and Employer's Liability Insurance. Minimum Limits of Insurance Contractor shall maintain limits no less than: General Liability $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with general aggregate limit is used, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit. Automobile Liability $1,000,000 per accident for bodily injury and property damage Workers' Compensation and Employer's Liability -Olj Workers' Compensation limits as required by the Labor Code the State of California Employer's Liability limits of $1,000,000 per accident for bodily injury or disease. Insurance Endorsements The insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms supplied or approved by the Costa Mesa Sanitary District to add the following provisions to the insurance policies: Protecting our community's health by providing solidwaste and'sewer colXection services crosdca.gov District Insurance Requirements Page 2 (A) General Liability. The general liability policy shall be endorsed to state that: (1) the Costa Mesa Sanitary District, its directors, officials, officers; employees, agents and volunteers shall be covered as additional Insured with respect to the Work or operations performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such work; and (2) the insurance coverage shall be primary insurance as respects the Costa Mesa Sanitary District, its directors, officials, officers, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant's scheduled underlying coverage. Any insurance or self- insurance maintained by the Costa Mesa Sanitary District, its directors, officials, officers, employees, agents and volunteers shall be excess of the Consultant's insurance and shall not be called upon to contribute with it in any way. (B) Workers' Compensation and Employers Liability Coverage. The insurer shall agree to waive all rights of subrogation against the Costa Mesa Sanitary District, its directors, officials, officers, employees, agents and volunteers for losses paid under the terms of the insurance policy which arise from work performed by the Consultant. (C) All Coverage. Each insurance policy required by this Agreement shall be endorsed to state that: (A). coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the Costa. Mesa Sanitary District; and (B) any failure to comply with reporting or other provisions of the policies, including breaches or warranties, shall not affect coverage provided to the Costa Mesa Sanitary District, its directors, official, officers, employees, agents and volunteers. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best's rating no less than A- :VIII, licensed to do business in California, and satisfactory to the Costa Mesa Sanitary District. All insurance documents must be submitted and approved by the District's Risk Manager prior to execution of any Agreement with the Costa Mesa Sanitary District. L(Y -6077 FA S8AD18REPSUR COSTA-MESA,-CA 92626651 TERMINAL 10: 000393391 MERCHANT 01 . 345119512880 VISA #xxxxxxxxxxxx2091 SALE BATCH: 000047 INVOICE 1472910100. DATE JUL 151 :12 TIM 08:18. S0:.082 AU1H NO lelil TOTAL X25:.00 CUSTOMER COPY is •.: :�. r x r:Y� .:mss xxw;.v CITYy OF COSTA. MESA COSTA MESA, CA 92626 Reg# #!Rcp0:.001- 00236.101 [ LB 1 Accounl:ing Date: Wed Jul:25, 2012 Date /Time: (led, .Jul 25, 2012 8 18 AM 1.045 /TAX - BUSINES8 LICENSE TAX REF# : APPLICATION FOR NEW B 1. FEE AMOUNT: $25.00 RECEIPT TOTAL- - $25.00 Payment Data: Pmt# ;1 Payer: THERESA KASPRZYK FOR TERRASTAR MEDIA Method: CC Ref#: VISA AMOUNT _ $25.00 RECEIPT SUMMARY TOTAL TENDERED = $25.00 RECEIPT TOTAL $25.00 CHANGE DUE THANK.YOW ! u: 1.0.3431 UATE FARM !LM i9 olicy No.: 92 CFN648 5 FE -6609 SECTION II ADDITIONAL INSURED ENDORSEMENT iwsnuw. Policy No.: 92 CFN648 5 Named Insured: KASPRZYK, THERESA DBA TERRASTAR MEDIA Additional Insured (include address): COSTA MESA SANITARY DISTRICT,ITS DIRECTORS, OFFICIALS, OFFICERS, EMPLOYEES, AGENTS AND VOLUNTEERS 628 W 19TH ST COSTA MESA, CA 92627 -2716 WHO IS AN INSURED, under SECTION II DESIGNATION OF INSURED, is. amended to include as an insured the Additional Insured shown above, but only to the extent that liability is imposed on that Additional Insured solely because of your work performed for that Additional Insured shown above. Any insurance provided to the Additional Insured shall only apply with respect to a claim made or a suit brought for damages for which you are provided coverage. The Primary Insurance coverage below applies only when there is an "X" in the box. ® Primary Insurance. The insurance provided to the Additional Insured shown above shall be primary insurance. Any insurance carried by the Additional Insured shall be noncontributory with respect to coverage provided to you. All other policy provisions apply. FE -6609 Printed in U.S.A.