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HomeMy WebLinkAboutESTRELLA COMMUNICATIONS; DBA: KVEA TELEMUNDO 52City of Santa Ana . a 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TERMINATION FORM Please complete this form in its entirety when the attached agreement and all amendments (if any) are no longer in effect.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. The agreement with No. N-2019-173 was completed on (List all amendments. Use space below if needed.) Department- Phone/Ext.: Signature: Date: Revised: 10-18-I L and final payment has been made. INSURANCE NOT ON FILE WORK MAY (;1QT PROCEED CLERK OF COUNCIL N-2019-173 DATE: SEP 12 2019 D� 9-c5 A SPONSORSHIP AGREEMENT WITH ESTRELLA COMMUNICATIONS, LLC. DBA KVEA TELEMUNDO 52 FOR FIESTAS PATRIAS 2019 S ,�.r�h Cve�w5 THIS SPONSORSHIP AGREEMENT is made and entered into this 28th day of August, 2019 by and between Estrella Communications LLC., a Delaware Limited Liability Company dba KVEA Telemundo 52 ("Sponsor"), and the City of Santa Ana, a charter city and municipal corporation organized and exis ing 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: CITY RESPONSIBLITIES In exchange for the benefits specified in Section 2 below, City shall be responsible for providing the following: a. One (1) booth 20 x 50 with electricity Saturday and Sunday, September 14-15, 2019; b. One stage appearance, the specifics of which will be determined by City, on Saturday and Sunday, September 14-15, 2019 for Telemundo 52 talent. Telemundo talent availability is subject to confirmation by Sponsor; c. Stage mentions every hour from 12pm-6pm on Saturday and Sunday, September 14- 15, 2019. Copy points to be provided by Sponsor but subject to City approval; d. 8 parking passes for vendor designated parking on Saturday and Sunday, September 14-15, 2019 for Telemundo staff; and e. Telemundo 52 branding exposure on all promotional platforms subject to final approval and determination of specifics by City. #8520v3 2. SPONSOR RESPONSIBILITIES a. In exchange for the benefits specified in Section 1, Sponsor shall provide the following: (1) Ten (10) live mentions of the City's Fiesta Patrias Event dicing the television show "Acceso Total," for 10 days between September 2, 2019 and September 13, 2019, between the hours of 11:30 a.m. and 12:00 p.m., for 15 seconds each; (2) Promotion of the City's Fiestas Patrias Event on the Telemundo 52 Website from September 2, 2019 to September 13, 2019 subject to City content approval; (3) 4 posts regarding the City's Fiestas Patrias Event on the Telemundo 52 Facebook page between September 2, 2019 to September 13, 2019 subject to City content approval; (4) 4 posts regarding the City's Fiestas Patrias Event on the "Acceso Total" Facebook page between September 2, 2019 to September 13, 2019 subject to City content approval; (5) Interview of musical performance or Event spokesperson -tentatively on set of location around September 12, 2019; and (6) On air recap of Event on September 16, 2019, using onsite camera footage from Event. C. Sponsor grants to City the right to use Sponsor's tradernark(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. 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 September 16, 2019, 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 #8520v3 shall it be construed to create an employer -employee relationship, a joint 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. 5. 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 lini ted 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. b. Business automobile liability insurance, or equivalent form, 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: (i) Sponsor shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) 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 #8520v3 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 willfid 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. 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 an 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 canner with this sponsorship agreement. Should this sponsorship create a conflict of interest for the City, the sponsorship agreement shall be deemed null and void. #8520v3 9. 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 And, City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) Santa Ana, California 92702-1988 Fax:714-647-5212 To Sponsor: Estrella Communications, LLC, dba KVEA Telemundo 52 100 Universal City Plaza Universal City, California 91608 Phone: (818) 684-5813 Email: Aleiandra.gonzeles�ianbcui�i.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. #8520v3 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 terns 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 written consent of the City and any such assignment, transfer, delegation or subcontract without the City'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. 12. CANCELLLATION OR TERMINATION If, because of war, fire, strike, civil suite, government regulation, natural catastrophe, an act of terrorism or public enemy, 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, in its sole discretion, shall determine whether, based upon in part on whether Sponsor had delivered on Sponsor's obligations under this Agreement, and how to compensate Sponsor, if at all, for any loss of Sponsorship opportunity. 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 obligations. 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 affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. #8520v3 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 pennits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 16, PERSONAL BENEFIT TO CITY OFFICERS AND EMPLOYEES IS PROFIBITED 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. LIMITATIONS 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 City Logo or Seal: This sponsorship agreement does not allow for the use of the City's seal or logo by sponsor. C. 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; #8520v3 (6) Promotion of illegal drugs, tobacco products, gambling, or adult entertainment; (7) Political campaign speech, speech that supports or opposes a ballot treasure 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 attoney'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 tent 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 fast above written. ATTE 0 DAISY GOMEZ Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney nn By: /t• LAURAA. ROSSINI Senior Assistant City Attorney R OD NDED FO"PROVAL: L#SARUDLOFF L� Otodutive Director of Parks, Recreation and Community Services Agency #8520v3 CITY OF SANTA ANA KRISTINE RIDGE City Manager SPONSOR FsMa a Communications, LLC dba KEVA Telemundo 52 / Name: t_ 4AJ"2 Title: K"1 A /Promo" 0006 �"%r n� CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDNYYY) 09/04/2019 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 have ADDITIONAL INSURED provisions or 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 ON T Marsh USA Inc. 1717 Arch Street _f HONE FAIC o Philadelphia, PA 19103-2797 E-MAIL Attn: NBCU.Certrequest@marsh.com Fax 212-948-5143 ADORE s` INSURERS AFFORDING COVERAGE NAIC 0 298523-NBCU-CAS: 18-19 INSURER : ACE American Insurance Company 22667 INSURED NBCUniversal Media, LLC INSURER B : Indemni Ins Co Of North America 43575 a fully owned subsidiary of Comcasl Corporation suRER c : AC.E.Properly And Casualty In Co 20699 30 Rockefeller Plaza INSURER D : ACE Fire Underwriters Ins. Co- 20702 New York, NY 10112 INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: CLE-006474231-03 REVISION NUMBER: 7 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. MSR AnoTYPE OF INSURANCE L S BR POLICY NUMBER MMIDPOLICDfYYYY MMIDY ERF C LTR DIYYYY LIMITS A X COMMERCIAL GENERAL LIABILITY XSLG71209313 12/01/2018 12/01/2019 EACH OCCURRENCE $ 4,900,000 CLAIMS -MADE M OCCUR $ 4,900,000 DAMAGE PREMISES lEMELTrencel X MED EXP (Any one arson) $ 10,000 SIR: $100,000 PERSONAL & ADV INJURY $ 4,900,000 GEN'LAGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 25,000,000 X POLICY u PRO ❑ LOC JECT PRODUCTS - COMP/OP AGG $ 6,000,000 $ OTHER: A AUTOMOBILE LIABILITY ISAH25275354 12/01/2018 12/01/2019 COMEItNFD LE��dantsl u. $ 10,000,000 BODILY INJURY (Per person) $ X ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ PROPERTY DAM GE _[P„Br ardent $ HIRED NON -OWNED AUTOS ONLY AUTOS ONLY L $ G X UMBRELLA LIAB X OCCUR X00 G27924840 004 12/01/2018 12/01/2019 EACH OCCURRENCE $ 10,000,000 AGGREGATE $ 10,000,000 EXCESS LIAB CLAIMS -MADE DED RETENTION $ $ B A D WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANYPROPRIETOR/PARTNER/EXECUTIVE Y / N OFFICER/MEMBEREXCLUDED? F7N . (Mandatory in NH) NIA WLRC65440398 (AO) WLRC6544043A (CA, MA) SCFC65440519 (WI ) 12/01/2018 12/01/2018 12/01/2019 12I01I2019 X ATH- STUTE ER E.L. EACH ACCIDENT $ 2,000,000 [ElL. DISEASE - EA EMPLOYE. $ 2,000,000 If yes, describe under . DESCRIPTION OF OPERATIONS below E-L. DISEASE -POLICY LIMIT $ 2,000,000 A Excess Workers Compensation WCUC65440477 (WA) 12/01/2018 12/01/2019 Ea Acc/Dis Employee/Dis Policl 2,000,000 SIR 5,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) The City of Santa Ana, Risk Management, it's officers, employees, agents, representatives, and volunteers are named as additional insured in regards to General Liability as per attached Additional Insured Endorsement. This insurance is primary and non-contributory over any existing insurance and limited to liability arising out of the operations of the named insured and where required by written contract. �Y�j 4-2 1� v f, CFRTIFICATF Hf)I nFR CANCFLLATION City of Santa Ana Risk Management Division O 1 Q 201 9 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF NOTICE WILL BE DELIVERED IN 20 Civic Center Plaza, 4th floor r 1 t7 ACCORDANCE WITH THE POLICY PROVISIONS. Santa Ana, CA 92702 111, A CIA M. LAMBERT AUTHORIZED REPRESENTATIVE of Marsh USA Inc. Manashi Mukherjee.aoo►.:L. c (0 1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD NOTICE: THESE POLICY FORMS AND THE APPLICABLE RATES ARE EXEMPT FROM THE FILING REQUIREMENTS OF THE NEW YORK INSURANCE LAW AND REGULATIONS. HOWEVER, THE FORMS AND RATES MUST MEET THE MINIMUM STANDARDS OF THE NEW YORK INSURANCE LAW AND REGULATIONS. ADDITIONAL INSURED — STATE OR POLITICAL SUBDIVISIONS — PERMITS OR AUTHORIZATIONS Named Insured Comcast Corporation Endorsem ant Number Policy Symbol Policy Number Pollcy Period Effective Date of Endorsem ent XSL G71209313 12/01/2018 to 12/01/2019 09/04/2019 Issued By (Name of Insurance Company) ACE American Insurance Company 11—1111 IN V1J111 y IlwlI i llpl, IIItl I WI IINI 1Pull, 1 1l1 I I IC II 11Vt IT I AllUI I I RP Utl 4iLlllljl I Ql Wl! [/Illy W11C111111b Oil L UMVIIIW III Ib Ib911AWN bUIJbVLIIJ Will 1V I I IC OlIf[JW l 11I I V11 L11111W r1V116y. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This Endorsement modifies insurance provided under the following: EXCESS COMMERCIAL GENERAL LIABILITY POLICY SCHEDULE State Or Political Subdivision: The City of Santa Ana, Risk Management, it's officers, employees, agents, representatives, and volunteers (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. Section II — Who Is An Insured is amended to include as an additional insured any state or governmental agency or subdivision or political subdivision shown in the Schedule, 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. However: a. The insurance afforded to such additional insured only applies to the extent permitted by law; and b. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. 2. This insurance does not apply to: a. "Bodily injury", "property damage" or "personal and advertising injury" arising out of operations per- formed for the federal government, state or municipality; or b. "Bodily injury" or roperty damage" included within the "products -completed operations hazard". XS-21167b (04/13) Inc es copyrighted material of Insurance Services Office, Inc. with its permission. Page 1 of 2 Class Code 2-14057 9 9 B. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance And Retained Limit: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. Authorized Representative XS•21167b (04/13) 1 yrighted material of Insurance Services Office, Inc. with its permission. Page 2 of 2 Class Code 2-14057 NOTICE: THESE POLICY FORMS AND THE APPLICABLE RATES ARE EXEMPT FROM THE FILING REQUIREMENTS OF THE NEW YORK INSURANCE LAW AND REGULATIONS. HOWEVER, THE FORMS AND RATES MUST MEET THE MINIMUM STANDARDS OF THE NEW YORK INSURANCE LAW AND REGULATIONS. NON-CONTRIBUTORY ENDORSEMENT FOR ADDITIONAL INSUREDS Named Insured Endorsement Number Comcast Corporation Polley Symbol Polley Number Polley Period Effective Data of Endorsement XSL G71209313 12/01/2018 to 12/01/2019 09/04/2019 Issued By (Name ofinsurance Company) ACE American Insurance Company insert the policy number. i no remainder of the information IS to be COm plated only Wnen this endorsement is Issued subsequent 10 the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: EXCESS COMMERCIAL GENERAL LIABILITY POLICY Schedule Or ac anization Additional Insured Endorsement The City of Santa Ana, Risk Management, it's officers, employees, agents, representatives, and volunteers (if no information is filled in, the schedule shall read; All persons or entities added as additional insureds through an endorsement with the term Additional Insured" in the title) For organizations that are listed in the Schedule above that are also an Additional Insured under an endorsement attached to this policy, the following is added to Section IV A: If other insurance is available to an insured we cover under any of the endorsements listed or described above (the "Additional Insured") for a loss we cover under this policy, this insurance will apply to such loss and is primary (subject to satisfaction of the "retained limit"), meaning that we will not seek contribution from the other insurance available to the Additional Insured. Your "retained limit" still applies to such loss, and we will only pay the Additional Insured for the "ultimate net loss" in excess of the "retained limit" shown in the Declarations of this policy. Authorized Representative XS-20288a (05114) Class Code: 2-14057 Page 1 of 1 NOTICE TO OTHERS ENDORSEMENT - SPECIFIC PARTIES Named Insured Endorsement Number Comcast Corporation Policy Symbol H25275354 Policy Period Effective Date of Endorsement ISA 1211/18 to 1211/19 09/04/2019 Issued ey (Nam a of Insurance Company) ACE American Insurance Company Insen Ilie policy number. The rem aInsler of the information is to be completed onlywhon this endorsement is issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. A. If we cancel the Policy prior to its expiration date by notice to you or the first Named insured for any reason other than nonpayment of premium, we will endeavor, as set out below, to send written notice of cancellation, via such electronic or other form of notification as we determine, to the persons or organizations listed in the schedule set out below (the "Schedule"). You or your representative must provide us with both the physical and e-mail address of such persons or organizations, and we will utilize such e-mail address or physical address that you or your representative provided to us on such Schedule. B. We will endeavor to send or deliver such notice to the e-mail address or physical address corresponding to each person or organization indicated in the Schedule at least 30 days prior to the cancellation date applicable to the Policy. C. The notice referenced in this endorsement is intended only to be a courtesy notification to the person(s) or organization(s) named in the Schedule in the event of a pending cancellation of coverage. We have no legal obligation of any kind to any such person(s) or organization(s). Our failure to provide advance notification of cancellation to the person(s) or organization(s) shown in the Schedule shall impose no obligation or liability of any kind upon us, our agents or representatives, will not extend any Policy cancellation date and will not negate any cancellation ofthe Policy. D. We are not responsible for verifying any information provided to us in any Schedule, nor are we responsible for any incorrect information that you or your representative provide to us. If you or your representative does not provide us with the information necessary to complete the Schedule, we have no responsibility for taking any action under this endorsement. In addition, if neither you nor your representative provides us with e-mail and physical address information with respect to a particular person or organization, then we shall have no responsibility for taking action with regard to such person or entity under this endorsement. E. We may arrange with your representative to send such notice in the event of any such cancellation. F. You will cooperate with us in providing, or in causing your representative to provide, the e-mail address and physical address of the persons or organizations listed in the Schedule. G. This endorsement does not apply in the event that you cancel the Policy. SCHEDULE Name of Certificate Holder E-Mail Address Physical Address City of Santa Ana Risk Management Division 20 Civic Center Plaza, 4th floor Santa Ana, CA 92702 All other terms and conditions of the Policy remain unchanged. •�` YlA—uthorized Representative ALL-32688 (01111) Page 1 of 2 NOTICE TO OTHERS ENDORSEMENT - SPECIFIC PARTIES Named Insured Comcast Corporation Policy Symbol G71209313 Policy Period XSL 12/1/18 to 1211/19 Issued By (Nam a of Insurance Company) ACE American Insurance Company Endorsement Number Effective Date of Endorsement 09/04/2019 lie policy number. The remainder ofthe information isto be completed onlywhen this endorsement Is Issued subsequent tothe preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. A. If we cancel the Policy prior to its expiration date by notice to you or the first Named insured for any reason other than nonpayment of premium, we will endeavor, as set out below, to send written notice of cancellation, via such electronic or other form of notification as we determine, to the persons or organizations listed in the schedule set out below (the "Schedule"). You or your representative must provide us with both the physical and e-mail address of such persons or organizations, and we will utilize such e-mail address or physical address that you or your representative provided to us on such Schedule. B. We will endeavor to send or deliver such notice to the e-mail address or physical address corresponding to each person or organization indicated in the Schedule at least 30 days prior to the cancellation date applicable to the Policy. C. The notice referenced in this endorsement is intended only to be a courtesy notification to the person(s) or organization(s) named in the Schedule in the event of a pending cancellation of coverage. We have no legal obligation of any kind to any such person(s) or organization(s). Our failure to provide advance notification of cancellation to the person(s) or organization(s) shown in the Schedule shall impose no obligation or liability of any kind upon us, our agents or representatives, will not extend any Policy cancellation date and will not negate any cancellation of the Policy. D. We are not responsible for verifying any information provided to us in any Schedule, nor are we responsible for any incorrect information that you or your representative provide to us. If you or your representative does not provide us with the information necessary to complete the Schedule, we have no responsibility for taking any action under this endorsement. In addition, if neither you nor your representative provides us with e-mail and physical address information with respect to a particular person or organization, then we shall have no responsibility for taking action with regard to such person or entity under this endorsement. E. We may arrange with your representative to send such notice in the event of any such cancellation. F. You will cooperate with us in providing, or in causing your representative to provide, the e-mail address and physical address of the persons or organizations listed in the Schedule. G. This endorsement does not apply in the event that you cancel the Policy. Name of Certificate Holder City of Santa Ana Risk Management Division SCHEDULE E-Mail Address ;tcal Address 20 Civic Center Plaza, 4th floor Santa Ana, CA 92702 All other terms and conditions of the Policy remain unchanged. Authorized Representative ALL-32688 (01111) Page 1 of 1 1 WORKERS' COMPENSATION AND EMPLOYERS LIABILITY POLICY Named Insured: Comcast Corporation Pollcy Period: 12/1/18 TO 1211/19 Issued By (Name of Insurance Company): Indemnity Insurance Co. of North America Polley Number Symbol: WLR Number: C65440398 Effective Date of Endorsement: 09/04/2019 erl the policy number. The remainder ofthe information is to be completed only when this endorsement is issued subsequent to the preparation of policy. NOTICE TO OTHERS ENDORSEMENT - SPECIFIC PARTIES A. If we cancel this Policy prior to its expiration date by notice to you or the first Named insured for any reason other than nonpayment of premium, we will endeavor, as set out below, to send written notice of cancellation, via such electronic or other form of notification as we determine, to the persons or organizations listed in the schedule set out below (the 'Schedule'). You or your representative must provide us with both the physical and e-mail address of such persons or organizations, and we will utilize such e-mail address or physical address that you or your representative provided to us on such Schedule, B. We will endeavor to send or deliver such notice to the e-mail address or physical address corresponding to each person or organization indicated in the Schedule at least 30 days prior to the cancellation date applicable to the Policy, C. The notice referenced in this endorsement is intended only to be a courtesy notification to the person(s) or organization(s) named in the Schedule in the event of a pending cancellation of coverage. We have no legal obligation of any kind to any such person(s) or organization(s). Our failure to provide advance notification of cancellation to the person(s) or organization(s) shown in the Schedule shall impose no obligation or liability of any kind upon us, our agents or representatives, will not extend any Policy cancellation date and will not negate any cancellation of the Policy. D. We are not responsible for verifying any information provided to us in any Schedule, nor are we responsible for any incorrect information that you or your representative provide to us, If you or your representative does not provide us with the information necessary to complete the Schedule, we have no responsibility for taking any action under this endorsement. In addition, if neither you nor your representative provides us with e-mail and physical address information with respect to a particular person or organization, then we shall have no responsibility for taking action with regard to such person or entity under this endorsement. E. We may arrange with your representative to send such notice in the event of any such cancellation. F. You will cooperate with us in providing, or in causing your representative to provide, the e-mail address and physical address of the persons or organizations listed in the Schedule. G. This endorsement does not apply in the event that you cancel the Policy. SCHEDULE Name of Certificate Holder E-Mail Address Physical Address City of Santa Ana Risk Management Division 20 Civic Center PIaze, 4th11oor Santa Ana, CA 92702 All other terms and conditions of this Policy remain unchanged. Authorized Representative WC 99 03 71 (01111)