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HomeMy WebLinkAboutDOWNTOWN INC. (3)INSURANCE ON FILE VVORK MAY PROCEED UNTIL INSURANCE EXPIRES A-2019-232 Ob/05/2o j,u CLERK OF COUNCIL DATE: SECOND AMENDMENT TO 0'.i.AG0z11U'tJcuyh•o- tirdy a THE DOWNTOWN MERCHANTS FUND OPERATING AGREEMENT FOR DOWNTOWN INC. THIS SECOND AMENDMENT TO THE DOWNTOWN MERCHANTS FUND OPERATING AGREEMENT is entered into this Yd day of December, 2019, 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 the Downtown Inc., a California non-profit corporation ("DTI"). RECITALS A. On January 10, 2018, the City entered into the Downtown Merchants Fund Operating Agreement #A-2017-326 with DTI to create the Downtown Merchants Fund ("DMF") from a portion of downtown parking revenues for continued promotion of the downtown ("said Agreement"). The intent of said Agreement is for DTI to receive $100,000 from the DMF each calendar year that such funding is approved by City Council. B. On December 18, 2018, the City entered into a First Amendment to said Agreement with DTI in order to extend the term, add funding, and incorporate the annual budget for 2019. C. The City hereby approves an additional $100,000 in DMF funds for use by DTI in 2020 pursuant to the terms and conditions of said Agreement. Additionally, the City hereby approves DTI's 2020 DMF Annual Budget. D. 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 $100,000 in DMF funding for the extended term of said Agreement, and incorporate DTI's 2020 DMF Annual Budget into said Agreement. 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: 1. Pursuant to the terms of said Agreement, the City Council approved an additional $100,000 in DMF funding for the 2020 calendar year to be utilized by DTI pursuant to DTI's 2020 DMF Annual Budget and the terms of said Agreement. 2. Section 1.02, Term, shall be amended to read as follows: "This Agreement shall commence on the date first written above and terminate on December 31, 2020, unless terminated earlier in accordance with sections 4.02 or 4.05 below." Section 2.01, Annual Budget and Program Report, subsection (a), shall be amended to reflect the City's approval of DTI's 2020 DMF Annual Budget, a true and correct copy of which is attached hereto as Exhibit A and incorporated herein by reference. 4. Except as bereinabove 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: DAISY GO EZ Clerk of the Council APPROVED AS TO FORM: Sonia R. Carvalho City Attorney gj4t::� Rykd O. F161dge Assistant City Attorney RECOMMENDED FOR APPROVAL: STEVEN A. MENDOZA Executive Director Community Development Agency CITY OF SANTA ANA STINE RIDGE City Manager DOWNTOWN INC.: Ryan Chase President EXHIBIT A DOWNTOWN MERCHANTS FUND 2020 DOWNTOWN INC. ANNUAL BUDGET LUG 11RIM ISUBLIME MU BUDGET Expenditure Plan 42,500.001 Personnel . ................ ... . ... . .. . ..... . ........ .... ..... Insurance — ---------- . .. ..... 2800.001 .. . ........ Technol 00.00 1,000.00 Communication Events/Marketing Savor2O2O :0 500.00 Holidays I 3,500.00 . .. . ......... ArtwolklArts 12,000.001 4,000.001 . . ............. Meetings 4,000.001 ironing/Education .... .. ...... i 1 *10300 Dues & S ubscripfions 1,250.00:1 .......... . . . Professions!/Contractors . .......... .. . ....... ------ 10,000.001 Audiiis/Finonciol Reports .. ........ ......... . ..... ....... 4,250.00 iMisc. Expenses F 750.001 ITOTAL 100,000.00 4co CERTIFICATE OF LIABILITY INSURANCE °08102120 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 endorsementls). PRODUCER Eddie Quillares Jr. State Farm Agency 415 N. Broadway Santa Ana, CA 92701 INSURED DOWNTOWN INCORPORATED 204 E 4TH STE STE T SANTA ANA, CA 92701-4668 -.-. NAME E _Ale G1u I prosPHONE _ E nlNie E.O: 714.617.71.50.--_ _. --- tnlc,N I� 714,07.7158 npoREss: addle lileddieginsurance.com_ INSURERS) AFFORDING COVERAGE NAIC S INSURER A: Stale Farm General Insurance Compaq INSURER 8: Stale Farm Fire and Casualty Company - 1 35743 INSURER C INSURER D' CnVFRAnFC CFRTIFICATF NIIMRER-75_nd90 REVISION NIIMRFR- 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. .. ....—.—.__. , INSft TYPE OF INSURANCE 1.ADDL SUER POLICY NUMBER MM DDIYYYY POLICY TR i IDO YYVY LIMITS GENERAWABILRY A Y 92-CE-0933.0 0810512019 0610512020 EACH O $ 1,000,000 _ X GENER�AL LIABILITY (Y ENTCE OA(v1AGE TO RENT (iENTE3 PREMISE§Eaprwamenoe S 300,000 ICOMMERCNL CtA1MS-MADE I^.I OCCUR MED EXP Any one person) S 5.0D0 PERSONAL 4 ADV INJURY 16 11000,000 GENERAL AGGREGATE 1$ 2.000.000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS - COMPcP AGO IFIS 2,000,000 X POLICY r PRO- LOG I $ A AUTOMOBILE LIASILRY 6215237-F28.75 0612912019 12/2812019 `OMOIN SINGLE LIMIT $ ANY AUTO BODILY INJURY (For permn) S L000,000 ALL OWNED X)SCHEDULED BODILY INJURY IF .."deal) LOOD,DOO AUTOS I AUTOS NON-OVMEO PROPERTY DAMAGE 8 1,ODgWO HIRED AUTOS I AUTOS IF., mclneml _ Deductible $ 250 A X UMBRELLA LIAR X OCCUR Y Y 92-CE-Q781.7 06105/2019 06105/2020 II_ EACH OCCURRENCE S 1.000,000 EXCESS LIAR CLAIMS -MADE AGGREGATE $ 2,000.000 _ - DED I XJ RETENTIONS 10000 S B NATION WORKERS COMPENSATION 92-GA-H506.1 06/05/2019 06/05/2020 WC STATU- OTH- — TORYUMIT$ X E17 1.000.000 AORKEND RSCOMP YIN ANY PROPRIETORIPARI NEWEXECUTIVE EXCLUDED' NIA Y ❑ I EL EACH ACCIDENT $ 1.000.000 OFFICEIMEMBER (Mandatory In NH) EL DISEASE -EA EMPLOYE $ 1,000,000 If inns. desvihe unuet nEsnEIPTION OF QPFRATTONS hat, EL DISEASE -POLICY LIMIT ,$ 1.000.000 q FIDELITY BOND I Y Y 92-WV-6044.5 10/0312018 1010312019 I I BOND -AMOUNT $ s0o,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, It more apace Is required) REVIEWED & APPROVED Scheduled Auto: 2002 GEM 825 PICKUP VIN: 5ASAK27492FO28166 By RISk MANAGEMENT DIVISION City of Santa Ana its officers, agents, employees and volunteers are named as additionally Insured. 0 Additional insured endorsement Issued for certificate holder with waiver of subrogation and non-contributory UG 2 2019 Cedific&D of Insurance shall provide thirty (30) day prior written notice of cancellation errcvnrc unl nee r:ANCFI I ATION--- CITY OF SANTA ANA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN RISK MANAGEMENT DIVISION ACCORDANCE WITH THE POLICY PROVISIONS. 20 CIVIC CENTER PLAZA 4TH FL AUTHORIZED REPRESENTATIVE SANTA ANA, CA 92702 L U 1988-ZUJU AWHU UUKPUKAI RUN. AU Ogres reserves. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD 1001486 132849.7 03-01-2012 FE-6609 POLICY NUMBER: WORKERS COMPENSATION 92-GA-H506-1 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHER TO US Policy Number: 92-GA-H506-1 Named Insured: Downtown Inc SCHEDULE NAME OF PERSON OR ORGANIZATION: CITY OF SANTA ANA 20 CIVIC CENTER PLAZA SANTA ANA, CA 92702 Information required to complete this Schedule, if not show above, will be shown in the Declarations. The following is added to Paragraph 10.b, of SECTION 1 AND SECTION II — COMMON CONDITIONS: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for any injury arising out of: a. Your ongoing operations; or b. Your work done under contract with that person or organization and included in the products -completed operations hazard. This waiver applies only to the person or organization shown in the Schedule above. All other policy provisions apply. REVIEWED & APPROVED By RISk MANAGEMENT DIVISION FE-6671 ©, Copyright, State Farm Mutual Automoblle Insurance Company, 2008 AUG Q 2 Includes copyrighted materlal of Insurance Services Office, Inc., with its permission � n �q 2019 FRANCINE R. VILLAREAL ul 1+ FE-6609 SECTION II ADDITIONAL INSURED ENDORSEMENT Policy No.: 92-CE-0933-0 Named Insured: DOWNTOWN INC Additional Insured (include address): CITY OF SANTA ANA 20 CIVIC CENTER PLAZA SANTA ANA, CA 92702 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. REVIEWED & APPROVED By Risk MANAGEMENT DIVISION FRANCINE R. VILLAREAL A6"R d CERTIFICATE OF LIABILITY INSURANCE AM 01/17/2o 0 I 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 Quillares Jr. State Farm Agency N. Broadway San � Santa Ana, CA 92701 ACT NAME: Eddie QUIIIares PHONE 714. 17.7150. Fprc 714,617.7158 7.7 Ax- EAss:eddie edtlie insurence.ctlm INSURERS AFFORDINGCOVERIIGE NAlti INSURER A: State Farm General Insurance COn1 an 25151 _ INsuR DOWNTOWN INC 204 E 4TH ST STE T SANTA ANA, CA 92701-4668 INSURER B: State Farm Fire and Casual Company 2M INSURER C: INSURER D: _ 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. INSLTR TYPE OF INSURANCE L POLICY NUMBER MMIDOY EFF WDDE W UNIT A GENERAL LABILITY Y ❑Y 92CE-Q933-0 06/05/2019 OW0512020 EACH OCCURRENCE S 1,000,000 X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE FRI OCCUR PREMISES JEs acameere $ 300,000 NED EXP(Arty one Person) S 5,000 PERSONAL S ADV INJURY s 1,000,000 GENERALAGGREGATE S 2,000,000 GEN'L AGGREGATE LIMIT APPUES PER: PRODUCTS -COMPIOPAGG S 2.000,000 17 POLICY PRO- F-1 LOC s A AUTO MOBILE LueILITY y 6215237-F28-75 12/28/2019 OB/28I2020 OMBIINE t INGLE LIMB E BODILY INJURY(Per prison) E 1,000,000 ANY AUTO ��� AUTOS I X AUTOSALL OWNEDU� BODILY INJURY IPeramEenU E 1,0001000 NON -OWNED HIRED AUTOS AUTOS PROPERTY DAMAGE Per accede. 8 1,000,000 COMP/Coll Dad E 250 'III---JII A X LLALIAB X OCCUR Y Y 92CE-Q781-7 06/0512019 06/05/2020 EACH OCCURRENCE E 1,000,000 AGGREGATE b 2,000,000 XCE49 LWB EXCE3 CLAIMS -MADE DED I X I RETENTIONS 10000 It B WORKERS COMPENSATKNI AND EMPLOYERS' LIABILITY YIN 92-GA-H506-1 PROPRIETOR/PARTNEWEXECUTIVE OFRCIDMEMBER EXCLUDED? m NIA (Mandatory In NH) 06105(2019 O6/O5f2020 YOC STATU- X OTH- I CRY LIMITS IANY 1,000.000 E.L EACH ACCIDENT E 1,000.000 EL DISEASE - EA EMPLOYEE E 1.ODO,0OD ff DESCRIPTION NOFOPERATIONS nelow O E.L. DISEASE - POLICY LIMIT 3 1.000,0DO 10/0312019 10/03/2020 BOND'AMOUN' s 500.000 A FIDEL7Y BOND II --II 92-WV-6044-5 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (AUach ACORD 101, Addhimal Remarks Schedule, it 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. CERTIFICATE HOLDER CANCELLATION REVIEWED & APPROVED City of Santa Ana RIS MANAGEMENT DIVISION Y SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Risk Management Division 20 Civic Center Plaza, 4th fl 222020 Santa Ana, CA ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE SAMA THA M. LAMBERT © 1988-2010 ACORD CORPORATION. All rights reserved. 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: 1) The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its officers, employees, agents, volunteers and representatives are named as additional insureds ("additional insureds") 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 thiI 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 insur-Ance shall not be cancelled, or materially reduced in coverage or limits except after thirty (30) written notice has been given to Cit}iiof Santa Ana, 20 Civic Center Plaza, Santa Ana, CA §2701. Effective December 26, 2019 this endorsement form as a part of Policy Number: 92-CE-Q933-0. Issued to Downtown Inc. 2 2 2020 M. LAMBERT Representative +���P►lIL• � �[�I./iT�I.E,�I'.i�I�.IZ�I���&I�:� Policy No.: 92-CE-Q933-0 Named Insured: DOWNTOWN INC Additional Insured (include address): CITY Of SANTA ANA 20 CIVIC CENTER PLAZA SANTA ANA, CA 92702 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. E Rik MD & APPRpOVIED N 2 2 2020 SAMANTHA M. LAMBERT 01'�Z FE-6609 WORKERS COMPENSATION POLICY NUMBER: 92-GA-H506-1 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHER TO US Policy Number: 92-GA-H506-1 Named Insured: Downtown Inc SCHEDULE NAME OF PERSON OR ORGANIZATION: CITY OF SANTA ANA 20 CIVIC CENTER PLAZA SANTA ANA, CA 92702 Information required to complete this Schedule, if not show above, will be shown in the Declarations. The following is added to Paragraph 10.b. of SECTION 1 AND SECTION II — COMMON CONDITIONS: We waive any right of recovery we may have against xhe person or organization showjil in the Schedule above because of payments we make for any injury arising out of: i a. Your ongoing operations; or b. Your work done under contract with that person organization and included in t products -completed operations hazard. This waiver applies only to the person or organization shown in the Schedule above. All other policy provisions apply. FE-6671 ®, Copyright, State Farm I Includes copyrighted material of & APPROVED %CLEMENT DIVISION trance Company, 2008 "ltn2r its permission. M. LAMBERT