Loading...
HomeMy WebLinkAboutDOWNTOWN INC.INSURANCE: ON FILE A-2018-303 WORK MAY PROCEED UNTIL I OUR NCE EXPIRES bI S , A DATE, O COUNCILDATE ��,Y�,� � 7 ���� FIRST AMENDMENT TO 0 : tq % ko} THE DOWNTOWN CLEAN AND SAFE PROGRAM ',r\vak vativn SERVICES AGREEMENT THIS FIRST AMENDMENT TO THE DOWNTOWN CLEAN AND SAFE PROGRAM SERVICES AGREEMENT is entered into this 1.8th day of December, 2018, by and between the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the State of California ("City), and Downtown Incorporated, Inc., a California non-profit corporation ("DTI''). RECITALS A. On January 10, 2018, the City entered into the Downtown Clean and Safe Program Services Agreement #A-2017-325 with DTI to fund the downtown's Clean and Safe Program, which includes a security team, a litter team, and a power washing team ("said Agreement"). The intent of said Agreement is for DTI to receive $500,000 for downtown Clean and Safe Program services each calendar year that such funding is approved by City Council. B. The City hereby approves an additional $500,000 for downtown Clean and Safe Program services for use by DTI in 2019 pursuant to the terms and conditions of said Agreement. C. In accordance with the terms and conditions of said Agreement, the parties desire to amend said Agreement to extend the term of said Agreement, add an additional $500,000 for downtown Clean and Safe Program services for the extended term of said Agreement, and amend said Agreement to update the services to be provided. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions of said Agreement, except as herein modified, the parties agree as follows: Pursuant to the terms of said Agreement, the City Council approved an additional $500,000 for downtown Clean and Safe Program services for the 2019 calendar year to be utilized by DTI pursuant to the terms of said Agreement. 2, Section 1.03, Term of Services Agreement, shall be amended to read as follows: "This Services Agreement shall commence on the date first written above and terminate on December 31, 2019, unless terminated earlier in accordance with sections 4.02 or 4.05 below." 3. Section 2.01, Clean and Safe Program Services, shall be amended to include the future Skate Park in Downtown. Santa Ana, to be constructed in an alley located behind the parking structure on the southwest corner of French and Spurgeon, in the City of Santa Ana (APN #398-326-11), within the Scope of Work for all Clean and Safe Program services. 4. Section 2.04, Bi-Annual Financial Statement and Audit, shall be amended to read as follows: "Annual Financial Statement and Audit No later than November 1 of each year, DTI shall submit to the City Manager a complete statement of DTI's Clean and Safe Program expenditures, and a financial audit for the preceding year prepared by an independent certified public accountant." 5. Except as hereinabove modified, the terms and conditions of said Agreement remain unchanged and in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Approval and Amendment to said Agreement the date and year first above written. ATTEST: MAR IA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: Sonia R. Carvalho Ci or �e Ry io e Assis nt Ci Attorney RECOMMENDED FOR APPROVAL: STEVEN A. MENDOZA Executive Director Community Development Agency CITY OF SANTA ANA O -�— r RAUL GODINEZ lI City Manager DOWNTOWN INCORPORATED, INC.: Ryan Chase President Tax ID# 26-4051161 `` r� CERTIFICATE OF LIABILITY INSURANCE DATE (MIMMolyyy) 06128/2018Y THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Eddie QUIllare5 Jr. State Farm Agency 415 N. Broadway NSanta Ana, CA 92701 CONTACT NAME: Eddie Quillares _jHON1d_Nvy O �14_6n. 7150. aC. gPU: 71as9].71se E-MAIL ADDRESS oddle@eddlqq[nsur@nce.com INSURERS AFFORDING COVERAGE NAIC# INSURERA: State Farm General Insurance Company 25151 INSURED DOWNTOWN INC INSURERS: State Farm Fire and Casualty Company 25143 INSURERC: 200 N MAIN ST FL 2 INSURER D: SANTA ANA CA 92701 INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER:75-04F0 RFVIAIr1M MIIMRCP- 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. LTR TYPE OF INSURANCE AO L J= SR Wye POLICY NUMBER MMIOIolYY1 VY MMIDOIYVYY LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE N OCCUR Y Y 92-CE-Q933.0 061o5/2018 06105l2019 EACHocTOR=NCURENCE$ 1,000,000 AGENT PREMISES Ea ddc.menden $ 300,000 MED. EXP (Any one person) $ 5,000 PERSONAL &ADV INJURY $ 11000,000 _ GENERAL AGGREGATE $ 2,000,000 GEN'LAGGREGATE LIMITAPPLIES PER: 17 POLICY PRO- JECT 71 LOCI _ PRODUCTS-COMPIOPAGG$ _ 2,000,000 $ A rTOMOBIUE LIABILITY ANY AUTO _ AOSCHEDULED AUU TOSS AUTOS HIRED AUTOS NON -OWNED AUTOS ❑Y ❑' 75.0450-X94 0612812018 12128/2018 COMBI. adNED Df SINGLE LIMIT $ BODILY INJURY (Per parson) $ 250,000 BODILY INJURY (Per accitlent) PROPERTYDAMAGE Peraccidonl __500,000 "— S 100,000 Comp/Coll Ded $ 250 A X UMBRELLA LIAB '.x EXCESS LIAB OCGUR CLAIMS -MADE ❑Y ❑Y 92•CE-Q781-7 06/05/2018 06105/2019 EACH OCCURRENCE $ 1,000.000 AGGREGATE $ 2,090,900 1pED is RETENTION$ 10,060 $ B WORKERS AND EMPLO ERTLIABIurY ANY PROPRIETOFoPARTNEREXECUTIVE YIN OFFICE/MEMBER EXCLUDED? Y� (Mandatory in NH) If yss, describe under DESCRIPTION F OPERATIONS bald,�i NIA 92-LH-2053.2 06/0512018 06/05/2019 TORY UMns X oEiz 1,000,000 E.L. EACH ACCIDENT $ 1,000,000 EL DISEASE -EAEMPLOYEq $ 1.000,000 EL DISEASE -POLICY LIMIT $ 1,000,000 A FIDELTY BOND 92-WV-6044-5 10103/2017 10103/2018 BOND- AMOUNT $ 500,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) City of Santa Ana its officers, agents, employees and volunteers are named as additional insured. Additional Insured endorsement issued for certificate holder with Wavier of Subrogation and non-contributory cz CITY OF SANTA ANA 20 CIVIC CENTER PLAZA SANTA ANA, CA 92702 ATTENTION RISK MANAGEMENT BRIZA MORALES SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE © 1988-2010 ACORD CORPORATION. All rinhfs ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD 1001486 132849.7 03-01-2012 a Exhibit a ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY POLICY Insurance Company: State Farm Insurance This endorsement modifies such insurance as is afforded by the provisions of Policy Number: 92- CE-Q933.0 relating to the following: 1. The City of Santa Ana Its Boards, Commissions, Officials, Employees, and Agents; its elected and appointed officials; its officers, employees, agents, volunteers and representatives are names as additional insured with regard to liability and defense of suits arising from operations and uses performed by or on behalf of the named insured. 2. With respect to claims arising out of the operations and uses performed by or on behalf of the names insured, such insurance as is afforded by this policy is primary and is not additional to or to contributing with any other insurance carried by or for the benefit of the additional insured. 3. This insurance applies separately to each insured against whom claim is or suit is brought except with respect to the company's limit of liability. This inclusion of any person or organization as an insured shall not affect any right which is such person or organization would have as claimant if not so included. 4. With respect to the additional insured, this insurance shall not be cancelled, or materially reduced in coverage or limits except after thirty (30) written notice has been given The City of Santa Ana Its Boards, Commissions, Officials, Employees, and Agents (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective May 16, 2018 this endorsement form as a part of Policy Number: 92-CE-Q933-0,� Issued to Downtown Inc ® / %0✓! ¢AQ �� 6G Countersigned by Authorized Representative "III " CERTIFICATE OF LIABILITY INSURANCE D01 /2019 ) 0 01/07/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s), PRODUCER Eddie QUIIIares Jr. NAMEACT Eddie QUlllares State Farm Agency 415 N. Broadway Santa Ana, CA 92701 PHON o 714.617.7150, FAX No:714.617.7158 E-MAIL ADDREss: eddie eddie insurance.com LAIC, NSURER S AFFORDING COVERAGE NAIL# INSURER A; State Farm General Insurance Company INSURER B: Slate Farm Fire and Casualty Company 25151 25143 INSURED DOWNTOWN INC 204 E 4TH STREET STE T INSURER C: INSURER D: SANTA ANA CA 92701 INSURER E INSURER F: 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. ILTR TYPE OF INSURANCE ADDL INS SUER POLICY NUMBER POLICY EFF MMIDD/YYYY POLICY EXP MMIDDIYYYY LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY 717 FYI FYI 92-CE-Q933-0 06/05/2018 06/0512019 EACHOCCURRENCE $ 1,000,00E DA A ETO REN ED PREMISES Ea occurrence $ 300,000 MED ESP (Any one person) $ 5,000 CLAIMS -MADE OCCUR PERSONAL &ADV INJURY $ 1,000,000 _ GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY J T PRO- LOG PRODUCTS - COMP/OP AGO $ 2,000,00E $ A AUTOMOBILE LIABILITY E 6215237+28.75 12/28/2018 06128/2019 EeaBINEDtsINGLELIMIT $ X ANY AUTO ALL OWNED X SCHEDULED AUTOS AUTOS HIRED AUTOS X NON -OWNED AUTOS BODILY INJURY (Par person) $ 1,000,00E BODILY INJURY (Per accident) $ 11000,000 PROPERTYDAMAGE Per accident $ 1,000,00E $ A B )( UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE Y N I A ❑Y 92-CE-Q781.7 92-CE-R552.3 06/05/2018 06105/2018 06/0512019 06/0512019 EACH OCCURRENCE $ 1=0,000 AGGREGATE $ 2,000,00E DED X RETENTION$ 10,000 WORKERS COMPENSATION ANDEMPLOYERS'LIABILITY YIN ANY PROP R IETOMPARTN ER'EXEC UTIVE OFFICE/MEMBER EXC TDED9 Y❑ WC STATU- OTH- BY LIMIT X T $ 1,000,00E EL EACH ACCIDENT 1,000,00E EL.DISEASE - EA EMPLOYE $ 11000,000 If y., dtoryin NH) f yes, tlescrlbe antler E.L. DISEASE - POLICY LIMIT $ 1,000,000 BOND -AMOUNT $ 500,00E A FIDELITYBOND TIE] 92-WV-60445-F 10/03/2018 10/0312019 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space Is required) City of Santa Ana its officers, agents, employees and volunteers are named as additional insured. Additional Insured endorsement issued for certificate holder with Wavier of Subrogation and non-contributory ry' l— e CITY OF SANTA ANA 20 CIVIC CENTER PLAZA SANTA ANA, CA 92702 ATTENTION RISK MANAGEMENT BRIZA MORALES SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. ©1988.2010 ACORD CORPORATION All ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD 1001486 132849.7 03-01-2012 Exhibit B ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY POLICY Insurance Company: State Farm Insurance This endorsement modifies such insurance as is afforded by the provisions of Policy Number: 92- CE-Q933-0 relating to the following: The City of Santa Ana Its Boards, Commissions, Officials, Employees, and Agents; its elected and appointed officials; its officers, employees, agents, volunteers and representatives are names as additional insured with regard to liability and defense of suits arising from operations and uses performed by or on behalf of the named insured. 2. With respect to claims arising out of the operations and uses performed by or on behalf of the names insured, such insurance as is afforded by this policy is primary and is not additional to or to contributing with any other insurance carried by or for the benefit of the additional insured. 3. This insurance applies separately to each insured against whom claim is or suit is brought except with respect to the company's limit of liability. This inclusion of any person or organization as an insured shall not affect any right which is such person or organization would have as claimant if not so included. 4. With respect to the additional insured, this insurance shall not be cancelled, or materially reduced in coverage or limits except after thirty (30) written notice has been given The City of Santa Ana Its Boards, Commissions, Officials, Employees, and Agents (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective May 16, 2018 this endorsement form as a part of Policy Number: 92-CE-Q933-0 Issued to Downtown Inc Countersigned by Authorized Representative A� Ror CERTIFICATE OF LIABILITY INSURANCE 01ioii2o s ' THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Eddie QUIIIareS Jr. CONTACT NAME: Eddie QUlllares PHONE 714.617.7150. FAX LAIC.No: 714.617.7158 State Farm Agency E`kfA1L ADDRESS: eddie eddie insurance.com 415 N. Broadway r Santa Ana, CA 92701 INSURERS AFFORDING COVERAGE NAIC // INSURER A: State Farm General Insurance Company 25151 INSURED DOWNTOWN INC INSURER B: State Farm Fire and Casualty Company 25143 INSURER C: 204 E 4TH STREET STE T INSURER D: SANTA ANA CA 92701 INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: 75-0450 REVISION NUMBER: 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. INSR LTR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER MM/�DIMYY MMI�O/YYYY LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE I-K] OCCUR El 92-CE-0933.0 06/05/2018 06/05/2019 EACH OCCURRENCE $ 1,000,000 DAM AGES(RE TE PREMISES Ea occurrence) $ 300,000 MED EXP (Any one person) $ 5,000 PERSONAL B ADV INJURY $ 1,000,000 GENERALAGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO- LOC PRODUCTS-COMP/OP AGG $ 2,000,000 $ A AUTOMOBILE LIABILITY ANY AUTO ALL OWNED X SCHEDULED AUTOS AUTOS HAGE HIREDAUTOS j�' NON- AUTOS � F 621 5237-F28-75 12/28/2018 O6/28/2019 Ea accidenINEDt) SINGLE LIMIT $ BODILY INJURY (Per person) $ 1,000,000 x BODILY INJURY (Per accident) $ 1,000,000 cciOWNED PROPERTY DAMHIREDAUTOS Peradent $ 1,000,000 (t X UMBRELLA LIAR EXCESS LIAB OCCUR CLAIMS -MADE Y Y 92-CE-Q781-7 06/05/2018 06/05/2019 EACH OCCURRENCE $ 1,000,000 rd AGGREGATE $ 2,000,000 DED I x I RETENTION$ 10,000 $ B WORKERS COMPENSATION AND EMPLOYERS'LIABILIW YIN ANY PROPRIETORIPARTNEWEXECUTIVE OFFICE/MEMBER EXCLUDED? Y� (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS bel, N/A ❑Y 92-CE-R552-3 06/05/2018 06/05/2019 WC STATU- X OTH- 1,000,000 E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE- EA EMPLOYE $ 1,000,000 E.L. DISEASE -POLICY LIMIT $ 1,000,000 A FIDELITYBOND �I Y1 92-WV-60445-F 10/03/2018 10/03/2019 BOND -AMOUNT $ 500,000 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (Aftach ACORD 101, Additional Remarks Schedule, if more space is required) City of Santa Ana its officers, agents, employees and volunteers are named as additional insured. Additional Insured endorsement issued for cerlifcate holder with Wavier of Subrogation and non-contributory CITY OF SANTA ANA 20 CIVIC CENTER PLAZA SANTA ANA, CA 92702 ATTENTION RISK MANAGEMENT BRIZA MORALES SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD 1001486 132849.7 03-01-2012 Exhibit B ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY POLICY Insurance Company: State Farm Insurance This endorsement modifies such insurance as is afforded by the provisions of Policy Number: 92- CE-Q933-0 relating to the following: 1. The City of Santa Ana Its Boards, Commissions, Officials, Employees, and Agents; its elected and appointed officials; its officers, employees, agents, volunteers and representatives are names as additional insured with regard to liability and defense of suits arising from operations and uses performed by or on behalf of the named insured. 2. With respect to claims arising out of the operations and uses performed by or on behalf of the names insured, such insurance as is afforded by this policy is primary and is not additional to or to contributing with any other insurance carried by or for the benefit of the additional insured. 3. This insurance applies separately to each insured against whom claim is or suit is brought except with respect to the company's limit of liability. This inclusion of any person or organization as an insured shall not affect any right which is such person or organization would have as claimant if not so included. 4. With respect to the additional insured, this insurance shall not be cancelled, or materially reduced in coverage or limits except after thirty (30) written notice has been given The City of Santa Ana Its Boards, Commissions, Officials, Employees, and Agents (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective May 16, 2018 this endorsement form as a part of Policy Number: 92-CE-Q933-0 Issued to Downtown Inc Countersigned by Authorized Representative E