HomeMy WebLinkAboutJPW COMMUNICATIONS, LLCti
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WORK MAY PROCEED
UNTIL INSURANCE EXPIRES
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CLERK OF COUNCIL
DATE:
N-2021-065
U: CMp(�gpl EawnS)�0�� AGREEMENT WITH JPW COMMUNICATIONS, LLC TO PROVIDE
PRODUCTION OF MARKETING AND PUBLIC OUTREACH MATERIALS
FOR COVID-19 VACCINE AWARENESS CAMPAIGN
THIS AGREEMENT is made and entered into on this 7"' day of April, 2021, by and
between JPW Communications, LLC, a California limited liability company ("Consultant"), 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 desires to retain a Consultant having special skill and knowledge in the field
of producing marketing and public outreach materials, in Spanish, for a COVID-19
vaccine awareness campaign.
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 consulting firm 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, attached hereto and
incorporated by reference.
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 A. The total amount to be expended
during the term of this Agreement shall not exceed $7,500, which includes a $1,250
contingency.
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.
Page 1 of 9
#120568v1
This Agreement shall commence on the date first written above and continue through May
31, 2021, unless terminated earlier in accordance with Section 15, below. The Term of the
Agreement may be extended by 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 Consultant 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:
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
#120568v1 Page 2 of 9
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.
e. 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.
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
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.
Page 3 of 9
#120568v1
7. 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.
8. 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.
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
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.
Page 4 of 9
#120568vl
10. CONFIDENTIALITY
If Consultant receives from the City information which due to the nature of such
information 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, gender identity, gender expression, gender, medical conditions, genetic
information, or military and veteran status, age, national origin, ancestry, or disability, as defined
and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization,
promotion, termination or other employment related activities or any services provided under this
Agreement. 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 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 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
party, which is not embodied herein.
Page 5 of 9
#120568vl
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 contractors 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
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
Page 6 of 9
#120568vl
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:
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
With courtesy copies to:
City Manager
City of Santa Ana
20 Civic Center Plaza (M-31)
P.O. Box 1988
Santa Ana, California 92702
To Consultant:
JPW Communications, LLC
2710 Loker Avenue West
Suite 300
Carlsbad, CA 92010
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.
Page 7 of 9
#120568v1
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.
C. This Agreement must be signed below and may be signed in counterpart and
delivered by fax, email as a PDF (Portable Document Format) file attachment, or
by other means that displays the original or a copy of the signatures. Any
subsequent amendments may be signed and delivered in the same manner.
(signatures on following page)
Page 8 of 9
#120568vl
N-2021-065
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first
above written.
ATTEST:
CITY OF SANTA ANA
Gomez Kristine Ridge
of the Council City Manager
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
By: /a -
Ryan O. dg
Assistant ity Lorney
#120568v1
CONSULTANT:
By ennifer L. Windle
Title: Managing Member
Page 9 of 9
EXHIBIT A
SCOPE OF SERVICES and COSTS
P
WJIMCOMMUNICATIONS
Estimate ID
099
Issue Date
03/23/2021
Subject
Spanish Vaccination Campaign
Item Type
Description
Service
Creative Production
Produce creative deliverables associated with campaign
including:
+ social media elements (one template for each platform - FB,
Insta, Twitter)
+ billboard ads (one design, four sizes)
+ bus shelter posters (one design, two sizes)
+ door hanger (one design, one size)
+flyer (one design, one size)
+ banner (one design, one size)
All campaign materials will be drafted in Spanish by JPW.
Other elements may be added and scoped during
engagement. All elements will be provided to client for in-
house implementation.
TIMELINE: Two weeks
Service Contingency
From JPW Communications
2710 Loker Avenue W
Suite 300
Carlsbad, CA 92010
Estimate For City of Santa Ana
20 Civic Center Plaza
Santa Ana, CA 92701
Quantity
1.00
1.00
Unit Price
$6,250.00
$1,250.00
Estimate Total
Amount
$6,250.00
$1,250.00
$7,500.00
Page 1 of 1
Digit' ly,nned by Francine N.
Policy Number: Francine R. Villareal Mllveal Date Entered: 4/12/2021
Dale: 2021 G4.131a:09:N-m
CERTIFICATE OF LIABILITY INSURANCE 1
DATE (MM/DDl1^/YY)
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 endorsementls).
PRODUCER
H. Linwood Insurance
4021 Layang Layang Circle
Ste H
Carlsbad, CA 92008
Wood
720-4632
_ Hiscox Insurance
INSURED JPW Communications LLC Topa Insurance Company
INSURERS_ _
INSURER C: Coalition Insurance Solutions
2710 Loker Avenue W INSURER D_Employers Prefered Insurance Cc
$300 INSURERS:
Carlsbad, CA 92010
INSURER F
COVFRAGFR CFRTIFICATF NI IIIII RFvIQInAl MI IMOCC•
corn
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
ILSR IAJrOL:$BaR
TYPE OFINSURANCE 0
:. POUCYEFF--�--POUCV E%
POLICY NUMBER MMIDDNYYY MPM0UCYYYYP
LIMITS
A COMMERCIAL GENERAL LIABILITY
EACH OCCURRENCE '.$2,000,000
CLAIMS -MADE X'. OCCUR Ix' '.UDC-222O43S—HOP 04/04/2021 04/04/2022
DAMAGE TOREN
_ REMISESSEa acwrtenreTEU 3100,000
_.
MEDEXPIAnyonepersmi '$5,000
_ _ —.
PERSONALBAOV INJURY i$ O
GEN L AGGREGATE LIMIT APPLIES PER
GENERAL AGGREGATE $4,000,000
XPOLICYI PRO-
JECT LOD
PRODUCTS-COMP/OPAGG I$2,000,000
.__.
OTHER.
$
AUTOMOBILE LIABILITY
COMBINED SINGLE LIMIT
Sincluded
_
A ANY AUTO iJOC-2220435-BOP 04/04/2021 04 /04 /2022
BODILY
i BODILY INJURY (Per person)
$
-- OWNED SCHEDULED
AUTOS ONLY AUTOS -
BODILY INJURY Per ac;b
X$
HIRED u NON -OWNED
_
PROPERTY DAMAGE
$
AUTOS ONLY / \ AUTOS ONLY
Per accidant
$
B UMBRELLA LMS
EACH OCCURRENCE'$1,000,000
E%CESSIIAB .00CUR
_ __ __ CLAIMS -MADE '�8271-3002—EX 04/04/2021 04/04/2022
1'q_GGREGATE
$1,000,000
DEC) RETENTION S
.S
WORKERS COMPENSATION
ANDEMPLOYERS'LIABILITY
PER OTH-
STATUTE ,ER
YIN
D ANY PROPRIETORIPARTNERIEXECUPVE 01/Ol/2021 91/01/2022
OFFICERIMEMBER EXCLUDEW NIA EIG4675559-00
iE.L EACH ACCIDENT ',$1, 000,000
i El DISEASE - EA EMPLOVEE'i $ 11 0001 000
(Mandatory In NH)
If yyeas. Iesoibe gntler
DESCRIPTION OF OPERATIONS delmv
EL DISEASE -POLICY LIMIT $1, 000,000
A Professional
':UDC-2220435-EO 04/04/2021 04/04/2022
Each Claim 1,000,000
Liability (E&0)
(Aggregate 1,000,000
C Cyber Liability
!C4LRM239817CYBER2Nl➢1/202D 06/01/2021
lAgg & Doc Limitsi 2,000,000
DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICL93 (ACORD 101, AddlNonal Remarks Schedule, may be aHuhi d If more..... le nquin l)
Marketing & Communications
The City of Santa Ana, its officers, employees, agents, volunteers and representatives
are additional
insured to the above General Liability. Endorsements attached.
30 day notice of cancel sent to the Certificate Holder should the policy cancel for any reason.
City of Santa Ana
20 Civic Center Plaza
Santa Ana, CA 92702-1988
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS,
Wood
1 UAR_7ni;;
ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD
Risk Mieagemett DiWaign
SY REVIEWED & APPROVED BY:
�S IIIi;LUFJ;-' F4.L�� P,. V:.PiaanaF.Q
` Ruk Management Analyst
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BLANKET ADDITIONAL INSUREDS
This endorsement modifies insurance provided under the following:
GENERAL LIABILITY COVERAGE PART
POLICY NUMBER: UDC-2220435-BOP
ENDORSEMENT EFFECTIVE: 04/04/2021
NAMED INSURED:
COUNTER SIGNED BY: aai� oC
JPW Communications LLC
SCHEDULE
Name of Person(s) or Organization(s):
Any person or Organization that the named insured is obligated by virtue of a written contract or agreement to provide
insurance such as is afforded by this policy.
Location(s): Various
(If no entry appears above, information required to complete this endorsement will be shown in the Declarations
as applicable to this endorsement)
A. Section 11—Who Is An Insured is amended to include as an insured the person or organization shown
in the Schedule, but only to the extent that the person or organization shown in the Schedule is held
liable for your acts or omissions arising out of your ongoing operations performed for that insured.
B. With respect to the insurance afforded to these additional insureds, the following exclusion is added.
2. Exclusions
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 services, maintenance or repairs) to be performed by or on behalf of
the additional insured(s) at the site 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
C. The words "you" and "your" refer to the Named Insured shown in the Declarations.
CG 20 26 0704
Pao. 1 of 7
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Risk Management Analyst
D. The following are added to SECTION V — DEFINITIONS.
"Your work" means work or operations performed by you or on your behalf, and materials, parts or
equipment furnished in connection with such work or operations.
E. The following additional provisions apply to any entity that is an insured by the terms of this
endorsement:
Primary Wording
With respect to the Third Party shown above, this insurance is primary and non-contributing. Any
and all other valid and collectable insurance available to such Third Party in respect of work
performed by you under written contractual agreements with said Third Party for loss covered by
this policy, shall in no instance be considered as primary, co-insurance. or contributing insurance.
Rather, any such other insurance shall be considered excess over and above the insurance
provided by this policy.
2. Waiver of Subrogation
If required by written contract or agreement: We waive any right of recovery we may have against
an entity that is an additional insured per the terms of this endorsement because of payments we
make for injury or damage arising out of "you worl(' done under a contract with that person or
organization.
CG 20 26 07 04 Page 2 of 2
Risk Mnugmnent Dinie'!nn
{ p
R'EVIEV/ED 6APPROVED BY.-
(
f �IEM1YNNZ ram, V&-" ,t
Risk Management Analyst
WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC D403 06
(Ed. 4-84)
WAIVER OF OUR RIGHTTO RECOVER FROM OTHERS ENDORSEMENT-CALIFORNIA
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce
our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you
perform work under a written contract that requires you to obtain this agreement from us.)
You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work
described In the Schedule.
The additional premium due for this endorsement shall be 2% of the California workers compensation premium otherwise
due on such remuneration OR MP $350.00.
Schedule
Any person or organization as required by written contract
This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated.
01/01/2021 - 01/01/2022
Policy No. EIG4675559-00
Countersigned by
Endorsement No. WC2021-01
Rink Mowge eraDlAs[an
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®' Risk Management Analyst