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HomeMy WebLinkAboutEL GALLO GIROCity of Santa Ana I �� Clerk of the Council AGREEMENT TERMINATION FORM Please complete this form in its entirety when the attached agreement and all amendments (if any) are no longer in effect. Note: If your agreement is grant related, please ensure that all grant retention requirements have been satisfied prior to signing the termination form. / Is the agreement(s) a permanent record? Yes— No Return form to the Clerk of the Council Office (M-30). Call 647-1520 if you have any questions. COTc City of Santa Ana AUu 02 2021 Clerk of the Council The agreement with �1 6a.\1n C-�1 r No. N-2019-170 was completed on Cl Id, Iq and final payment has been made. (List all amendments. Use space below if needed.) rvt Department: rl Phone/Ext.: P ✓Q( 1J Signature: lS/.1) kb&" 1�t1�/V WJ 5 l � V�G, Date: -7 Ian Revised: 10-18-16 INSURANCE NOT ON FILE WORK MAY NO PROCEED N-2019-170 CLERK OF COUNCIL DATE:ISEI, A SEP 12 20ONSORSHIP ACREEMENT WITH EL GALLO GIRO CORPORATION i FOR FIESTAS PATRIAS 2019 r A V tti't.0 C,� THIS SPONSORSHIP AGREEMENT is made and entered into this 4th day of September, 2019 by and between El Gallo Giro Corporation ("Sponsor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. The City is producing its Fiestas Patrias in Santa Ana on September 14-September 15, 2019 ("Event") and desires to retain sponsors for the Event. B. Sponsor represents that it is able and willing to provide sponsorship for the Event. C. City and Sponsor desire to enter into this Sponsorship Agreement to identify each party's respective responsibilities for the sponsorship. D. Sponsor represents that it does not have any pending or open applications with the City that require discretionary approval. E. Sponsor represents that it is not adverse to the City in any pending or ongoing legal proceeding. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. CITY RESPONSIBLITIES In exchange for the benefits specified in Section 2 below, City shall be responsible for providing the following: a. For Catering Services (Saturday, September 14, 2019 2:00 p.m. to 7:00 p.m.): 1) Two (2) 10 x 10 canopies and five (5) tables 2) Electrical outlet and lighting 3) 250 food tickets and wristbands for participants to retrieve meal. Tickets to be provided to participants by City staff 4) Trash boxes 5) One (1) parking pass b. For Festival participation (Saturday, September 14, 2019 12:00 p.m. to 10:00 p.m. and Sunday, September 15, 2019 12:00 p.m. to 9:00 p.m.): I) One (1) 10 x 10 food booth (enclosed); Sponsor to sell agues frescas only 2) One (1) table and two (2) chairs #85030 3) Electrical outlet and lighting 4) Two (2) parking passes 2. SPONSOR RESPONSIBILITIES AND BENEFITS In exchange for the benefits specified in Section 1 below, Sponsor shall be entitled to the following: a. For Catering Services (Saturday, September 14, 2019 2:00 p,m. to 7:00 p,m.), Sponsor to provide: I ) Choice of entree -chicken or beef 2) Rice 3) Beans 4) Salad 5) Chips/Salsa 6) Drinks (Aguas Frescas-2 flavors) 7) Plates/Napkins(Utensils/Cups 8) Ice 9) One-two (1-2) Gallo Giro staff to setup the area and train/support recreation staff for the first hour (2 p.m.- 3p.m.) Area must be ready to serve food by 2 p,m. 10) Sponsor's staff must return to the catering area at 7:00 p.m. to clean up area and dispose of trash. No equipment is to be left unattended overnight. 11) Sponsor will provide all equipment and supplies required for safe cooking, storing, cleaning, transporting and serve/handling of food/beverages by the OC Health Department and OC Fire Authority b. For Festival participation (Saturday, September 14, 2019 and Sunday, September 15, 2019), Sponsor to: 1) Obtain OC Temporary Food Facility permit for food booth. All fees for the permit will be the responsibility of the Sponsor; 2) Sponsor must follow Event exhibitor guidelines; and 3) Sponsor will stay for the duration/entirety of the Event. b. Sponsor grants to the City the right to use Sponsor's trademark(s), trade name(s), logo designs and company descriptions as prepared and delivered to City by Sponsor in any medium of advertising, marketing materials, and/or promotional goods distributed in conjunction with the Event and in accordance with Sponsor's usage guidelines. #8503v3 3. SPONSORSHIP FEE There is no monetary sponsorship fee. 4. EXCLUSIVITY OF SPONSORSHIP This sponsorship is non-exclusive. The City may enter into other sponsorship agreements for this Event. 3. TERM This Agreement shall commence on the date stated above and continue through the last date of the Event, unless terminated as otherwise provided in this Agreement. 4. INDEPENDENT CONTRACTOR Sponsor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, ajoint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Sponsor performs the services which are the subject matter of this Agreement; however, the services to be provided by Sponsor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Sponsor shall pay all salaries and wages, employer's social security taxes, unemployment 'insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes, S. INSURANCE During the term of this Agreement, Sponsor shall maintain and shall require its subcontractors or agents, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Sponsor shall maintain commercial general liability insurance which shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Sponsor's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $ 1,000,000 per occurrence, and $2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary and non-contributory with respect to insurance or self-insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. tt$503v3 b. Business automobile liability insurance, or equivalent tonn, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. c. Worker's Compensation Insurance. In accordance with California state law, Sponsor, if Sponsor has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Sponsor agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. The following requirements apply to the insurance to be provided by Sponsor pursuant to this section: 0) Sponsor shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (H) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City, (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City e. If Sponsor fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to terminate this Agreement. 6. INDEMNIFICATION To the fullest extent permitted by law, Sponsor shall indemnify, defend and hold harmless City, its officers, agents and employees (collectively, the "indemnified parties") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a claim; collectively, "claims"), which may arise from or in any manner are related (directly or indirectly) to this Agreement or Sponsor's presence or activities at the Event (including the negligent and/or willful acts, errors and/or omissions of Sponsor, its principals, officers, agents, employees, vendors, suppliers, contractors, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable for any or all of them). Notwithstanding the foregoing, nothing herein shall be construed to require Sponsor to indemnify the indemnified parties from any claim arising from the sole negligence or willful misconduct of the indemnified parties. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Sponsor. 119M 7. CONFIDENTIALITY If Sponsor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Sponsor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement, The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Sponsor disclosed in a publicly available source; (c) is in rightful possession of the Sponsor without air obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Sponsor without reference to information disclosed by the City. 8. CONFLICT OF INTEREST CLAUSE Sponsor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with this sponsorship agreement. Should this sponsorship create a conflict of interest for the City, the sponsorship agreement shall be deemed null and void. n_ NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by facsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax:714-647-6956 Copies to: Parks, Recreation & Community Services Agency City of Santa Ana 20 Civic Center Plaza (M-75) P.O. Box 1988 Santa Ana, California 92702-1988 Fax: 714-571-4221 MOM And, City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) Santa Ana, California 92702.1988 Fax:714-647-5212 To Sponsor: El Gallo Giro Corporation 12764 Florence Avenue Santa Fe Springs, California 90670 Phone: (323) 314-9415 Email: veastvisions@gmail.com A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address, If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above, If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating_ these time frames, weekends, federal, state, County or City holidays shall be excluded. 10. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Sponsor regarding the subject matter herein, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Sponsor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Sponsor or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 11. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Sponsor, Sponsor may not assign, transfer, delegate, or subcontract any interest herein without the prior #8503v3 written consent of the City and any such assignment, transfer, delegation or subcontract without the C uy's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services, which are the subject to this Agreement performed by City personnel or by other Sponsors retained by City. IL CANCEL.LLATIONORTERMINATION If, because of war, fire, strike, civil strife, government regulation, natural catastrophe, an act of terrorism or public encmy, an act of God, or any reason beyond the reasonable control of City, the Event or any part thereof is prevented from being held or is cancelled by City, City, fn its sole discretion, shall determine and refund to the Sponsor its proportionate share of the balance of the aggregate sponsor fees received that remain after deducting expenses incurred by City and reasonable compensation to City. In no case shall the amount of the refund to the Sponsor exceed the amount of the fee paid. City reserves the right to cancel any portion of the Event, as it deems necessary and appropriate. Cancellation by the Sponsor will be accepted only in writing. In the event of cancellation by Sponsor, Sponsor will remain obligated for 100% of the sponsorship fee, and City will retain the right to seek and retain an alternate sponsor in City's sole discretion. 13. NONDISCRIMINATION Sponsor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities or any activities in connection with this Agreement. Sponsor afFrnms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 15. PROFESSIONAL LICENSES Sponsor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies, Sponsor shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. #85030 16. PERSONAL BENEFIT TO CITY OFFICERS AND EMPLOYEES IS PROUBITED Sponsor must not confer a personal benefit, directly or indirectly, to any individual City officer or employee. 17. NO ENDORSEMENT Sponsorship shall not be deemed to constitute an endorsement by City of Sponsor, its services, products, officials, board members, or owners. 18, LIMIT'ATIONS a. Editorial Control: City retains the right to exercise full editorial control over the placement, content, appearance, wording, and design of sponsorship materials and messages. b. No Use of Citv Logo or Seal: This sponsorship agreement does not allow for the use of the City's seal or logo by Sponsor. G. Content: Sponsorship signage, materials, advertising, handouts, etc., provided by sponsor pursuant to this agreement shall not contain the following: (1) Obscenity; (2) Pornography; (3) Fighting words; (4) Fraudulent material; (5) Defamatory, libelous, or slanderous material; (6) Promotion of illegal drugs, tobacco products, gambling, or adult entertainment; (7) Political campaign speech, speech that supports or opposes a ballot measure or initiative, speech that supports or opposes any person running for political office. 16, MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. c. The portions of this Agreement are severable. Any invalidity, unenforceability or illegality of any provision or provisions, shall not act to invalidate the entire Agreement. Each term #85Q3v3 or provision of this Agreement shall be construed to be valid and enforceable to the fullest extent of the law. IN WITNESS WHEREOF, the parties hereto have executed this Sponsorship Agreement the date and year first above written. �, 150 o % _ iDAISY-7 lerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney 1 By: Awckjk • �11L LAURA A. ROSSINI Senior Assistant City Attorney FOR Director of Parks, and Community Services Agency #8503v3 CITY OF SANTA ANA RISTINE RIDGE City Manager SPONSOR EI allo Giro Corporation Name: Rosalinda Huerta Title: Marketing and PR representative 6411D GrV AC" or CERTIFICATE OF LIABILITY INSURANCE DATE/(MMIDD 9 ) 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 Wood Gutmann & Bogart 15901 Red Hill Ave., Suite 100 Tustin CA 92780 CONTACT Jackie Burleson PHONE FAX - 714-824-8355 AIc No:714-573-1770 nooaless: 'budeson bib.com INSURERS AFFORDING COVERAGE NAICp INSURER A: Travelers Property Casualty 25674 INSURED ELGAL-2 EJ Gallo Gino Corp - AtUmeX,_ 12754 Florence Ave. - - -- INSURERS: StarStone National Ins CO 25496 INSURER C: Travelers Casualty and Surety INSURER D: Santa Fe Springs CA 90670 INSURER E: INSURER F : COVERAGES CERTIFICATE NUMBER: 589617179 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 I rypE OF INSURANCE ADDL SUER POLICY NUMBER POLICY EFF MM/DDM'YY POLICY EXP MM/DDIYYYY LIMITS C X COMMERGIALGENERAL LIABILITY — CLAIMS -MADE 1XI OCCUR 6301 N391276 =019 2F EACH OCCURRENCE $1.000,000 DAMAGE T RENTED PREMISES lEa occurrence $300,000 MED EXP (Any one person) $ 5,000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO- ❑ JECT LOC GENERAL AGGREGATE $2,000.000 PRODUCTS - COMP/OP AGG $2,000,000 $ OTHER: C AUTOM084ELIMBILITY-..r — BMN3900711943 =019 9ryyyyp �+� COMBINED SINGLE LIMIT Ea accitlent $ i 000 D00 Y. ANY AUTO BODILY INJURY (Per person) $ ALL SCHEDULED AUUTOSS AUTOS Per amdent BODILY INJURY ( ) $ NON -OWNED HIRED AUTOS AUTO S PROPERTY DAMAGE Per accident) $ Com /Coll Deductible S$1,000 C X UMBRELLA LIAB X OCCUR CUP114812825 22/2019 2W020 EACH OCCURRENCE $2,01]0,000 AGGREGATE $2000,000 EXCESS LIAB CLAIMS -MADE F—FDED RETENTIONS $ B AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOMPARTNERIEXECUTIVE OFFICERIMEMBER EXCLUDED? NIA T1019(1655 1/29/2019 X PER OH_ STATUTE ER ELEACHACCIDENT $1,CooJMO E.L. DISEASE - EA EMPLOYEE $1,000,000 (Mandatory in NH) Hyas, describe under E.L. DISEASE -POLICY LIMIT $1000o00 DESCRIPTION OF OPERATIONS below A Excess Liability ZUP61M7341419NF M2019 21W2020 Each Occurrence 8,o00=0 Aggregate 8,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) City of Santa Ana Risk Management, it's officers, employees, agents,representatives, and volunteers is named as additional insured an the General Liability. Primary and Non Contributory :ppplies on the General Liability per attached CGD0370405. 30 day notice of cancellation will be provided to the certificate holder, except for non-payment of premium in which 10 days notice will be provided. Endorsements apply as required by written contract subject to the terms and conditions of the policy. THIS CERTIFICATE SUPERCEDES ANY PREVIOUSLY ISSUED. 14 2019 SHOULD ANY THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Santa Ana 1 ACCORDANCE WITH THE POLICY PROVISIONS. 20 Civic Center Plaza SAMANTHA M. LAMBER#JTHORIZED REPRESENTATIVE Santa Ana CA 92701 , ©1988-2014 ACORD CORPORATION. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: COMMERCIAL GENERAL LIABILITY ISSUE DATE: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - STATE OR GOVERNMENTAL AGENCY OR SUBDIVISION OR POLITICAL SUBDIVISION - PERMITS OR AUTHORIZATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE State Or Governmental Agency Or Subdivision Or Political Subdivision: PROVISIONS The following is aged to SECTION II — WHO IS AN INSURED: Any state or governmental agency or subdivision or political subdivision shown in the Schedule is an insured, subject to the following provisions: 1. This insurance applies only with respect to operations performed by you or on your behalf for which the state or governmental agency or subdivision or political subdivision has issued a permit or authorization. 2. This insurance does not apply to: a. "Bodily injury," "property damage", "personal injury" or "advertising injury' arising out of operations performed for the federal government, state or municipality, or b. "Bodily injury' or "property damage" included within the "products -completed operations hazard". 4 CG D2 69 0416 C 1 a Tradelsrs Indemnity Company. All rights reserved. Includes! d material of Insurance Services Office, Inc., math its permission. Page 1 of 1 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. OTHER INSURANCE -ADDITIONAL INSUREDS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PROVISIONS COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV), Paragraph 4. (Other Insurance), is amended as follows: 1. The following is added to Paragraph Insurance: 2. However, if you specifically agree in a written con- tract or written agreement that the insurance pro- vided to an additional insured under this Coverage Part must apply on a primary basis, or a primary and non-contributory basis, this insur- ance is primary to other insurance that is avail- able to such additional insured which covers such additional insured as a named insured, and we will not share with that other insurance, provided that: a. The 'bodily injury" or "property damage" for which coverage is sought occurs; and b. The "personal injury" or "advertising injury" for which coverage is sought arises out of an of- fense committed subsequent to the signing and execution of that contract or agreement by you. The first Subparagraph (2) of Paragraph b. Ex- cess Insurance regarding any other primary in- surance available to you is deleted. 3. The following is added to Paragraph b. Excess Insurance, as an additional subparagraph under Subparagraph (1): That is available to the insured when the insured is added as an additional insured under any other policy, including any umbrella or excess policy. CG DO 37 04 05 Copyright Olt/e' t. Pahl Travelers Companies, Inc. All rights reserved. Page 1 of 1