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HomeMy WebLinkAboutDULAC ENTERPRISES DBA BIG RED BUSINSURANCE ON FILE WORK MAY PROCEED A-2020-034 UNTIL INSURANCE EXPIRES 03 iL 11 7-OZ-0 CLERK OF COUNCIL DATE: di .CdUty�ly\'C CaS�vv ''krclenr13 AGREEMENT TO E TROLLEY SERVICES FO FOR AND SPECIAL SANTA ANA EVENTS THIS AGREEMENT is made and entered into on this Yd day of March, 2020, by and between " DULAC ENTERPRISES, DBA BIG RED BUS CHARTER, a California corporation ("Consultant'), and the CITY OF SANTA ANA, a charter city and municipal corporation 0 organized and existing under the Constitution and laws of the State of California ("City"). N RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of: trolley transportation for general public throughout the City of Santa Ana for monthly Art Walk events, Lunch Time Trolley (from the Civic Center area to Downtown), Census 2020 community outreach events, and for other special events as needed by the City. B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional in the field. 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. SCOPE OF SERVICES Consultant shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in Exhibit A — Scope of Services, attached hereto and incorporated by reference. Routes service and dates are subject to change and can be amended upon mutual written agreement of both parties, which may be exercised by the City in a writing executed by the City Manager and City Attorney. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services for City, the rates and charges identified in Exhibit B — Compensation. For the initial term, the total sum to be expended under this Agreement shall not exceed Seventy - Seven Thousand, Six Hundred Dollars ($77,600.00). Any extensions exercised as noted in Section 3, below, shall not exceed a total of $55,600 per yearlong extension. The total amount to be expended during the term of this Agreement, including any extensions, shall not exceed $188,800. #17285v9 b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above and terminate on March 31, 2021, unless terminated earlier in accordance with Section 15, below. The City shall also have the discretion to exercise two (2) one-year extensions upon a writing executed by the City Manager and City Attorney. Thereafter, the term of this Agreement may be further extended upon a writing executed by the City Manager and City Attorney. 4. INDEPENDENT CONTRACTOR Consultant 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, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant 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. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 6. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: #17285v9 a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and 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 Consultant'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, with $2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, and representatives as additional insured(s); (b) be primary and not 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 the provisions of Section 3700 of the Labor Code, Consultant, if Consultant 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, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Consultant is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim with $2,000,000 in the aggregate. C. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: i. Consultant 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 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. iv. Where the amounts or coverage provided by the certificates of insurance provides coverage greater than those listed by this Agreement, the amounts provided by the certificates of insurance shall be incorporated by reference into the Agreement. V. Consultant shall supply City with a fully executed additional insured endorsement. f. If Consultant 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 #17285v9 been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 7. INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Consultant, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 8. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 9. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created #17285v9 pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 10. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such infonnation is reasonably understood to be confidential and/or proprietary, Consultant 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 Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 11. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 12. NON-DISCRIMINATION Consultant 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. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terns 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 Consultant. 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 Consultant 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 #17285v9 party, which is not embodied herein. 14. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant 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 consultants retained by City. 15. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 16. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 17. 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. 18. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder #17285v9 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. Consultant 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. 19. 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 fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Cleric 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 With courtesy copies to: Steven Mendoza, Executive Director, Community Development Agency City of Santa Ana 20 Civic Center Plaza (M-xx) P.O. Box 1988 Santa Ana, California 92702 To Consultant: James DuLac Operations Manager Dulac Enterprises dba Big Red Bus 1810 E. 5111 Street Long Beach, CA 90802 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. #17285v9 20. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein 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. {signatures on following page} #17285v9 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Daisy Gomez Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City By: Rya Assi RECOMMENDED FOR APPROVAL: Steven Mendoza Executive Director Community Development Agency #17285v9 CITY OF SANTA ANA Kri7sti6e Ridge City Manager CONSULTANT: Dulac Enterprises, dba Big Re us i mes DuLac Operations Manager EXHIBIT A SCOPE OF SERVICES SCOPE OF SERVICES: Provide Trolley transportation for a maximum capacity of 40 people to predetermined route/tops on a continues loop for two different events: 1) Art Walk that occurs on the first Saturday of each month between the hours of 6pm-10pm within the area of Downtown Santa Ana; 2) Lunch Time Trolley on Mondays between 11am-2pm; and 3) Special Events or as needed by the City of Santa Ana. Route/stops may be modified due to construction, special events, road conditions and/or traffic. Routes service and dates are subject to change and can be done so with mutual written agreement of both parties. Art Walk - 1" Saturday of Each Month - 6pm-30om March 7, 2020 January 2, 2021 April 4, 2020 February 6, 2021 May 2, 2020 March 6, 2021 June 6, 2020 July 4, 2020 August 1, 2020 September 5, 2020 October 3, 2020 November 7, 2020 December 5, 2020 Monday Lunch Time Trolley - Every Monday - 11am-2om March 9, 16, 13, 30 April 6, 13, 20, 27 May 4, 11, 18, 25 June 1, 8, 15, 22, 29 July 6, 13, 20, 27 August 3, 10, 17, 24, 31 September-7, 14, 21, 28 October 5, -12, 19, 26 November 2, 9, 16, 23, 30 December 7, 14, 21, 28 January 4, 11, 4,R7 25 February 1, 8, i3, 22 March 1, 8, 15, 22, 29 Special Events or As Needed by the Citv 2020-2021 - dates and times for special events or as needed to be determined by the City of Santa Ana COST: $1,250 for Art Walk; $600 for Lunch Time Trolley; and $600 per hour for Special Events or as needed TROLLEY: 1 CAPACITY: 40 ROUTEIITINERARY: 1) Art Walk - loop trolley throughout Downtown Santa Ana between Ross to Mortimer and 1" Street to 5th Street. 2) Monday Lunch Time - loop from Civic Center area to various locations throughout Downtown Santa Ana 3) Special Events - route determined per special event in coordination with City staff and Big Red Bus staff #17285v9 EXHIBIT B - COMPENSATION Total Compensation not to exceed an annual amount of $77,600 Date I Cost March 7 2020 $1 250 April 4, 2020 $1,250 May 2, 2020 $1,250 June 6 2020 $1,250- July 4, 2020 $1,250 August 1, 2020 $1�250 September 5, 2020 $1,250 October 3, 2020 $1,250 November 7, 2020 $1,250 not available per vendor) n,.,.,..,. b r 202n g 'I January 2, 2021 $1,250 February 6, 2021 $1,250 _ March 6.2021 $1,250_ Sub -Total $15,000 Dates # of Days per Monthly Total Month $2,400 March 9, 16, 13, 30 4 x $600 April 13, 20, 27 4 x $600 $2,400 Ma", 11, 18,--2-5 3 x $600 $1,800 _ June 1, 8L15, 22, 29 July 6, 13, 20 27 5 x 4 x__ $600 $6002,400 $3,000 August 3�10, 17 24 31 5 x $600 _ September-7. 14. 21. 28 3 x 1600 11.800 November 2L9, 16, 23 30 December 7, 14, 21, 28 January 4, il, 48� 25, 2021 February JJ�3 22, 2021 March 1, 8, 15L 22, 29, 2021 #17285v9 _J X_ 4 x Uuu _ $600 I $3 UUU - _$2,400 3 x 600 ' $1,800 3 x_$600 $1,800 5 x $600 _ $3,000 51 Mondays_ Sub -Total $30,600 EXIHBIT B — COMPENSATION (Continued) Date March 21, 2020 March 28, 2020 April 4, 2020 April 18, 2020 April 25, 2020 May 2, 2020 May 9, 2020 May 16, 2020 May 30, 2020 June 6, 2020 June 13, 2020 June 20, 2020 Tentative Special Event Date Sub -Total Dates Special Event Dates & Times to be Determined by City of Santa Ana #17285v9 Cost $1,800 $1,800 $1,800 $1,800 $1,800 $1,800 $1,800 $1,800 $1,800 $1,800 $1,800 $1,800 $ 400 $22,000 Hourly Monthly Total Rate $600 Maximum of $10,000 Sub -Total $10,000 Hk K" CERTIFICATE OF LIABILITY INSURANCE DATE8/6120O/YYW) /tV2019 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 pollcy(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 endorsementisi. PRODUCER TIB Transportation Ins Brokers 425 West Broadway, Suite 300 Glendale CA 91204 INSURED Dulac Enterprises dba. Big Red Bus 1810 E. 5th St. Long Beach CA 90802 Arc�uregui. FAX CNEq: 81 B-246-4690Neallo 1Op�UaFouregu(Qtib—surance com . — - -- _ INSURERLLFFORDING COVERAGE_ _ _ INSURER A: Northfield Insurance Co. _N_AIC_N BIGRE-1 INSURER B: Scottsdale Insurance Company 41297 INSURER e; General Star Indemnity Cc _ _ _ _ 3736.2 INSURER O; INSURER E: — - COVERAGES C.FRTIFICATFNIfURFR• 14lnAgillP o 11--uu...,­ 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 Ap04 so,R - ---- - L R TYPE OF INSURANCE POLICYNUMBER POLICY MMIODfri" LIMITS A X j COMMERCIAL GENERAL LIABILITY W8383372 3mia019 3a112wo EACH OCCURRENCE 52.0DD.000 CLAIMS I X. j I OAMq Erd1kiHifEO- -_. ----- -MADE OCCUR - PREMISES(Ea pmmence 3100,000 L MEO E%P (Arty ono para.) S 5.000 PERSONAL a ADV INJURY -- S 2.000,000 G EN _ 'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE S3.DDQODO X POLICYI LOC , IIiP JECI PRODUCTS-COMPMPAGG S3.000_000 _ OTHER: S B AUTOMOBILE LIABILITY Y QPSM00230 61166019 6116Q02O COMBINED SINGLE LIMIT tEa AW4011ll 51,000 )11 !WY AUTO i I BODILY INJURY (Par person) 1$ ALL OWNED X .SCHEDULED tSAUTOS AUTOS BODILY INJURY (Par evvtleng HIRED AUTOS NOON -OWNED i PROPERTY DAMAGE SPer acd4enq .S S C UMBRELLA LIAB X OCCUR IXG419167E WM019 6116a020 EACH OCCURRENCE $4,00D.00D X EXCESS LIAB — CLAIMS-MADEI AGGREGATE S DIED RETENTIONS WORKERS COMPENSATION I PER OTH- ANDEMPLOVEflS'IIABIUTY Y/NI $TATSrSE ER _ ANY PROPRIETORNARTHERIEXECUIVE E.L.EACH ACCIDEM $ OFFICERIMEMBER EXCLUDEDT ❑NIA (Mandatory In NH) E L. DISEASE - EA EMPLOYE S under — -- — — - Mdascvbe ORIPTIONOFOPERATIONS bel" ELDISEASE-POLICYUMIT S DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORO 101, pddiHonel Romerka Schodulo, may ho a0echad it more space la rpqulred) The City of Santa Ana, It's Officers, Agents, and Representative are named as additional insured in regards to general liability per attached endorsement, Insurance Is primacy and non-contributory. 30 day prior written notice of cancellation of policy applies. Vehicle schedule Attached. M D & APPROVED By Risk UG 0 6 2019 City of Santa Ana Risk Management Division 20 Civic Center Plaza, 4th Floor Santa Ana CA 92702 SHOULD ANY OF THE ABOVE DESCRIBEIIVW161M UE CAINCECL€ri BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL HE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE n All Hnhfe rmnnrod ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD POLICYNUMBER: WS383372 COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Additional Insured Person(s) Or Organization(s): Location(s) Of Covered Operations City of Santa Ana, 20 Civic Center City of Santa Ana, CA Plaza, Santa Ana, CA 92701 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section 11 - Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily Injury." "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. B. With respect to the Insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to 'bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. By Risk M N &EMPP APPROVED &OU620ki_ FRANCINE R. VILLAREAL CG 20 10 07 04 Copyright, ISO Properties, Inc., 2004 Page 1 of 1 POLICY NUMBER: WS383372 COMMERCIAL GENERAL LIABILITY CG 20 15 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - VENDORS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) (Vendor) Your Products City of Santa Ana, 20 Civic Center City of Santa Ana, CA Plazq, Santa Ana, CA 92701 Information required to complete this Schedule, If not shown above, will be shown In the Declarations. A. Section 11 - Who Is An insured is amended to include as an additional insured any person(s) or organization(s) (referred to below as vendor) shown In the Schedule, but only with respect to "bodily Injury' or "property damage" arising out of "your products" shown in the Schedule which are distributed or sold in the regular course of the vendor's business, subject to the following additional exclusions: 1. The insurance afforded the vendor does not apply to: a. "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; b. Any express warranty unauthorized by you; c. Any physical or chemical change in the product made intentionally by the vendor; d. Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; e. Any failure to make sure inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make In the usual course of business, in connection with the distribution or sale of the products; I. Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; g. Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or REVIEWED & APPROVED By RISk MANAGEMENT OMSION 6 0 6 2019 FRANCINE R. VILLAREAL CG 20 15 07 04 Copyright, ISO Properties, Inc., 2004 Page t of 2 h. "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for Its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (1)The exceptions contained In Subparagraphs d. or f.; or (2) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. 2. This Insurance does not apply to any insured person or organization, from whom you have acquired such products, or any Ingredient, part or container, entering into, accompanying or containing such products. REVIEWED & APPROVED By RISk MANAGEMENT DMSiON „ .qU0 6 2019 Q FRANCINE R. VILLAREAL cc 20 15 07 04 Copyright, ISO Properties, Inc., 2004 Page 2 of 2 WORKERS' COMPF.NSA'I'ION DECLARATION 1. C (w15 c U I.R t, hereby affirm under penalty of perjury, the (NaniHri[le) roll awing declaration; r- ^ I certify on behalf of V V4 nr,� that during the term of my (cow'"✓Corny pan, Nm con'ract for _mil-lu�- services with the City of Santa Ana, I will not -.mploy any person in any manner so as to become subject to the workers' corn pensation laws of California, and agree that if I should become subject to the workers' compensation provisions of Section 3700 of the Labor Code, I shall forthwith comply with tLose provisions and provide proof of workers' compensation coverage. DATE: I By: Title:. o �D d `� r Ae G r Telephone: `�—_!C�'Jx W.40ING: FAMURE TO SECURE WORKERS' COMPENSATION COVERAGE IS hT'I.A WFUL, AND SHALL SUBJECTAN EMPLOYER TO CRIMINAL PENALTIES AND CIVIL FINES LIP TO ONE HUNDRED THOUSAND DOLLARS ($100,000)• IN ADDITION TO THE COST OF COMPENSATION, DAMAGES AS PROVIDED FOR IN SECTION 3706 OF THE, LABOR CODE, INTEREST, AND ATTORNEY'S FEES. REVIEWED & APPROVED By Risk MANAGEMENT DMSi0N it 60621, FRANCINE R. VILLAREAL