HomeMy WebLinkAboutPROBOLSKY RESEARCH - 2005
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N-2005-064
INSURMKE ON FILE.
WORK Mf,Y PROCEED
UNTIL INSURANCE EXPIRES
&-&:.05
CLERK OF COUNCIL
DATE: 5-01-10--05
CONSULTANT AGREEMENT
c.:(Jno
(A.I~6)
THIS AGREEMENT, made and entered into this .;2'4t-V-- day of t..-lCL'i ' 2005 by
and between Probolsky Research, a sole proprietorship (hereinafter "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 (hereinafter "City").
RECIT ALS
A. The City desires to retain a consultant having special skill and knowledge in the field of
designing, conducting and evaluating public opinion polls.
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 ofthe 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 those services as set forth in Exhibit A to this Agreement.
2. COMPENSATION
a. City agrees to pay, and Consultant agrees to accept as total payment for its services,
the rates and charges identified in Exhibit A. The total sum to be expended under this
Agreement shall not exceed $10,000.00 during the term of this Agreement.
b. Payment by City shall be made within thirty (30) 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
December 31, 2005, unless terminated earlier in accordance with Section 12, below. The term of
this Agreement may be extended upon a writing executed by the City Manager and the 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. 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
bodily and personal injury, including death resulting therefrom, and property damage, in the total
amount of $1 ,000,000 per occurrence. Commercial general liability insurance, or equivalent
form, with a combined single limit of not less than $1,000,000 per occurrence. If such insurance
contains a general aggregate limit, such limit shall apply separately to each project Consultant
performs for the City. Consultant shall supply City with a fully executed additional insured
endorsement in substantially the form attached hereto as Exhibit B upon execution of this
Agreement and shall be approved in form by the City Attorney.
b. Worker's Compensation Insurance. In accordance with the provisions of Section
3300 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.
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 in form by the City Attorney.
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(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.
6. INDEMNIFICA TION
Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents,
employees, consultants, special counsel, and representatives from liability for personal injury,
damages, just compensation, restitution, judicial or equitable relief arising out of claims for
personal injury, including health, and claims for property damage, which may arise from the
direct or indirect operations of the Consultant or its contractors, subcontractors, agents,
employees, or other persons acting on their behalf which relates to the services described in
section 1 of this Agreement.
7. 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.
8. 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.
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 telefacsimile 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
3
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
telefacsimile (714) 647-6956
With courtesy copy to:
City Attorney
City of Santa Ana
20 Civic Center Plaza (M-29)
P.O. Box 1988
Santa Ana, California 92702
telefacsimile (714) 647-6515
To Consultant:
Probolsky Research
23276 S. Pointe Drive, Suite 206
Laguna Hills, California 92653
telefacsimile (949) 855-6405
Attn: Adam Probolsky
A party may change its address by giving notice in writing to the other party. 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 telefacsimile, communication shall be effective or
deemed to have been given twenty-four (24) hours after the time set forth on the transmission
report issued by the transmitting facsimile machine, addressed as set forth above. For purposes
of calculating these time frames, weekends, federal, state, County or City holidays shall be
excluded.
10. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and
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 nor
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 Consultant,
Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior
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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.
12. 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 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.
13. 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.
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
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 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.
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16. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature hereinbelow 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.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year
first above written.
ATTEST:
CITY OF SANTA ANA
~~
City Manager
Ck--dcR -'2, o~
PATRICIA E. HEALY"
Clerk of the Council
APPROVED AS TO FORM:
JOSEPH W. FLETCHER
City Attorney
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By:r-..,C{'j, ;It:"'" .' '\\:<-2 . {.I
Laufu Sheedy "~ I
Assistant City Attorney
CONSULTANT
PROBOLSKY RESEARCH
l \ --./
ADAM D. PROBOLSKY
President , . ;
Tax ID# 1t ~ ' ,"'L -- >- ~\ '1 \-
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EXHIBIT A
Opinion Research Poll Scope of Work and Aareement
Consultant will conduct a public opinion study of Santa Ana voters for the City. The
study will include no less than 20 questions. No less than three hundred and twenty five
respondents will be polled.
Consultant will work with City staff to develop a questionnaire that will be approved by
the City before being used in the field.
Once a questionnaire has been approved, Consultant will begin the interviewing
process of calling voters and collecting public opinions. After surveys are complete, the
Consultant will analyze the results and present a report of findings. Additionally, key
findings will be presented in graphic format.
Consultant will make itself available for presentations and briefings that will, at the
direction of City staff, serve to inform the selected audience(s) of the results.
Consultant will work with City staff on an ongoing basis to assist in message
development, strategy and community education efforts as requested.
The City will pay a fee of no more than $9850 for the opinion study of voters. This
includes up to 25 hours of post-survey consulting time, additional hours will be billed at
a rate of $150 per hour, as directed by City.
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EXHIBIT B
ADDITIONAL INSURED ENDORSEMENT
FOR COMMERCIAL GENERAL LIABILITY POLICY
Insurance Company
This endorsement modifies such insurance as is afforded by the provisions of Policy
# 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 the 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 named insured, such insurance as is afforded by this policy is primary and is not
additional to or contributing with any other insurance carried by or for the benefit of the
additional insureds.
3. This insurance applies separately to each insured against whom claim is made or
suit is brought except with respect to the company's limits of liability. The inclusion of any
person or organization as an insured shall not affect any right which such person or organization
would have as a claimant if not so included.
4. With respect to the additional insureds, this insurance shall not be cancelled, or
materially reduced in coverage or limits except after thirty (30) days written notice has been
given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701.
(Completion of the following, including countersignature, is required to make this endorsement
effective. )
, this endorsement form as a part of
Effective
Policy #
Issued to
Named Insured
Countersigned by
Authorized Representative
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ACQRfJN CERTIFICATE OF LIABILITY INSURANCE CSR MS DAoTE (IlMJDDlYYYYl
PROBO-l 05/19/05
PROuUCER THIS CERTIFICATE IS ISSUED AS A MAlTER OF INFORMATION
Freeman & Pearce Ins. - COCIA ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Lie, #0559854 HOI.OER. nlls ceRTIFICATE DOES NOT AMEND, EXTEND OR
1216 N. Tustin st.z:eet AI. TER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Orange C," 92867
Phone: 714-55B-1334 Fax:714-62B-1330 INSURERS AFFORDING COVERAGE NAIC#
INSURED ,. . ". ,<,.... I_~ 1..-'.
INSURER A; ~erican ~asualty ,go of
-...... ".-
INSURER B: Readinq.! PA
PltOBOLSKY USEARCfI ....'. -
~ D. PrQbobk~ INSURER C:
#206 ...
23 16 S. POINTE R~VE, INSURER. 0:
LAGUNA HILLS CA 92 53 ---'-"--.. ,", ..-
lNi;lURER E:
MAY 19 2005 14:30 FR FREEMAN - PEARCE
714 628 1330 TO 19498556405
P.02/04
THE PO~ICIES OF INSURANCE LISTED IilELOWHAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE pouCY PERIOD If'lDICATED. NOTWITHSTANDING
ANY REQUI~E"'EHT, TERM OR CONDITION OF ANV CONTRACT DR OTHeR DOCUMENT ~TH R~&PECT TO 'M'lICHTH1S CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INsuRANCE AFFORD EO BY THIi. POLICIES OESCRIBeo HER.ElN IS SUIiJEcr TO ALl. THE TERMS, EXC~USIONS AND CONDITIONS O~ SUCH
POLICIES. AGGReGATE LIMITS SHOWN MAY l'tAVE BeeN RECUCf;D BY PAID CLAIM::;.
-- '. ~~MJDDNYl .._,' n. ...... ,,-
L.TR NSRC Tl'I'E OF INSURANCE PO~IC\' NUMBER rD"A"re 111M1DDtvYi UMITS
GEN~L L.IABILITY ~CH OCCURRENCE S L 000,000
!-- 06/06/04 06/06/05 O"R".. , ".. .~
A X ~ cOMMERCIAl. GENERA~ ~lABILlTY B 1073363845 ~.sMIS=$ (Ei oCl;Urvn~9)_ 5100,000
I-- ':J CUlIMS MADE ~ OCCUR _MED EXP (Atly one pe,,!onl 5 5,000
PERSONAL &ADV INJURY $ 1,000,000
:-- GEN~RALAGGREGATE S 2,000 r 000
GEN'~ AGCREOATE l.IMrT APP~IES PER: ~~TS - COr.APIOP AGG 52,000,000
I POLlCy-n ~r8i - n LOC
, AUTOMOBILE. LIABILITY COMBINED SINGLE LIMIT sl,OOO,OOO
,""'-
A , '_ ANY AUTO B 1013378815 06/06/04 06/06/05 (Ea eccldenl)
-"." ---
- A~~ OWN EO AUTOS BODILY INJURY
S
SCHEOU~EiO AUTOS (por .,.,raon)
- . ...-
~- HIRliD AuTOS BOOIL Y INJURY
(pot aceldent) $
,It NOf'l-(lwNED AUTOS
"
PROPERTY DAMAGE S
(Per~idCll'1t)
RAAGE LJABIUTY AUTO ONLY. EA ACCIDENT S
~Y AUTO OTHER THAN fA ACe $
AUTO ON~Y: AGG S
~CESSlUMBRELL.A ~LA.B1UTY EACH OCCURRl:NCE S
o OCCUR D CLAIMS MADE ,\PPROVEU \S 1'0 FO Uvi AGGREGATE S
,,-
R s
,I/u /15 .-.
DEDUCTIB~E ~<);' S
>- "--1/, .-...-
f\ETENTION $ S
WORKERS COMPeNSATION AND Laura S itt Sheeoy ITo~Y';(I~I'ys I II,I~~-
EMP~OVERS' LlA8IUTY Assistant ( .ity Att(~rn,-,\' ~-
ANY PROPRIETORlPARTNERlEXECUTIVE e:.L EACH ACCIOENT 5
OFF1CERlMEMBER EXC~UCeD? E,~, OISI:A$E. EA EMPLOYEE $
~~~~I~'P't~V~~~S below ELL DISEASE - PO~ICY LIMit S
OTI\ER
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DESCRIPTION OF OPERAl1ONS I L.O<:A liONS J VEHIC~E$ J exCLUSIONS ADDED BY ENDORSEIlIENT I SPECIAL PROVIllIONS
'rHE CITY OF SANTA ANA, ITS OFFICERS, EMPLOYEES, AGENl1'S, VOLt,lmEERS AND
!U:PRESENTAT'IVES ARE NAMED AS ADD'I'I'l'ONAL INSURED PER COMPANY FO~ #G-134802B.
THIS INSURANCE IS PR.IMARY AND NON-CONTRlaUTORY.
COVERAGES
CITY OF S~A ANA
20 CIVIC CENTER PLAZA
S'-NTA ANA CA 92701
CANCEL.LA TION
SANTO 0 1 SHOU~D ANY OF THE ABOVE DesCRIBED POl.ICIES BE CAt.lCELLED BEf'OR~ THIi ElI;PIRA liON
DATE lHEREOF, THI; I$SUING INSURER WILL ENDEAVOR 1'O MAIl. ~ DAYS wRlnEN
NOTICE TO THI: CEIlTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO so $HALL
IMPOSE NO 08UGAl10N OR Llllan.ITY OF ANY KIND UPON TH!: INSURER, mi AGENTS Oft
REPRE5ENTAnVEI.
AUTHORIZED Rl!AAIi$lO
@ACORDCORPORATION1988
CERTlFICA TE HOLDER
ACORD 25 (2001/08)
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MAY 19 2005 14:30 FR FREEMAN - PEARCE
leNA
_All iM c-~ lbu""
714 628 1330 TO 19498556405
P.03/04
G-134S02-B
(Ed. 06101)
THIS ENDORSEMENT CHANG!S THE POLICY. PLEASE READ IT CAREFULLY.
NONCONTRACTOR'S ADDITIONAL INSURED ENDORSEMENT
This endorsement modlfiea insurance provided under the following:
COMMERCiAl GENERAL LIABILITY COVERAGE PART
-
~
A. WHO IS AN INSURED (SectIon II) is amended to
Include as an insured any parson or organization
(called additional insured) described in paragraphs
A.1. through "'7. below whom you are required to add
as an additional Insured on this policy under a written
contract or written agreement: but the written contract
or written agreement must be:
1. Currently in effect or becoming effgctive during thG
term of this policy; or
2. Executed prior to the "bodily injury,., "property
damage" or "personal injury and adVf;lrtls1ng
ihjUry," but
Only thQ following persons or organizations are
additional insureds under this endorsement and
coverage provided to such additional Insurods is
limited as provided herein:
1. ADDITIONAL INSURED STATE OR
POLITICAL SUBDIVISIONS - PERMITS
A state or political subdiVision subject to the
following provisions:
(a) This insurance applies only with respect to the
following hazards for which the state or
politioal subdivision has IssUGd a permit in
connection with premises you own, rent, or
control and to which thiS Insurance applies:
(1) Tho existence, maintQnance, repair,
construction, erection, or removal of
advertising signs, awnings, canopies,
cellar entrances, coal holes, driveways,
manholes, marquees, holstaway
openings, sidewalk vaults. street banners,
or decorations and similar exposures; or
(2) fhe construction, erection, or removal of
elevators; or
(3) The ownership, maintenanoe, or usa of
any elevators covered by this insurance.
(b) This insurance applies only with respect to
oporations perfomt9d by you or on your behalf
for which the state or political subdivision has
issued a permit.
This insurance OOQs not apply to l'bodily injury:'
upropert.y damage" or ''personal and advertising
Injury- arising out of operations performed for the
state or municipality.
APPROVBD r~~' IU
~
...
I
(3-134802-6
(Ed. 06101)
tei ) .. /)
/1 ' .)
Laura Stitt Sheedy
Assistant City Attornev
2. ADDmONAL INSURED - CONTAOWNG
INTEREST
Arly ~ersons or organizations with a controlling
interest In you but only with respect to their liability
arising out of~
(.) Their financial control of you; or
(b) Premisss thoy own, maintain or control while
you lease or occupy thess prstni5a$.
This insurance does not apply to structural
alterations, new oonstructlon and demolition
operations performed by or for such additional
insured.
3. ADOmONAL INSURED - MANAGERS OR
LESSORS OF PREMISES
A manager or lessor of promlsas but only with
rospect to liability arising out of the ownership,
maintenance or use of that specific part of the
premisQs leased to you and subject to the
following additional exclusions:
This insurance does not apply to:
(a) Any .occurrenc;" which takes place after you
caasEI to be a tenant In that premises: or
(b) Structural alterations, new construction or
demolition operations performed by or on
b9hal1 of such additional Insured.
4. ADDITIONAL INSURED - MORTGAGEE,
ASSIGNEE OR RECEIVER
A mortgagee, assignee or receiver but only with
respect to their liability as mortgagee, assignee, or
receiver and arising out of the ownership,
maintenance, or use of a premises by you.
This insurance does not apply to structural
alterations. new constructIOn or demolItion
operations performed by or fOr suoh additional
insured.
S, ",POllIONAL INSURED - OWNERS OR OTHER
INTEAE6TS FROM WHOM LAND HAS BEEN
LEASED
An owner or other interest from whom land has
bean lGased by you but only with respect to
liability arising out 01 the ownership, maintenance
or use of that speolfic part of the land leased to
HJiC'!
Page , of 2
MAY 19 2005 14:31 FR FREEMAN - PEARCE
.
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you and subject to the following additional
exclusions:
This insurance does not apply to:
(a) Any "occurrence" which takes place after you
cease to lease that land; or
(b) Structural alterations. new construction or
demolition operations performed by or on
beha.lf of such additional insured.
&. ADDITIONAL INSURED - Co.-OWNER OF
INSURED PREMISES
A co-owner of a pramises co~ownGd by you and
covered under this insuranca but only with respect
to the co..ownors liability as co-owner of such
premIses.
7. ADDITIONAL INSURED - LESSOR OF LEASED
EQUIPMENT
Any person or organization from whom you lease
equipment. Such person or organIzation are
insureds only with respect to their liability arising
out of the maintenance, operation Of' use by you of
equipment leased to you by such person or
organIZation. A person's or organization's status
as an insured under this endorsement ends whon
thalr contract or agreement with you fOl' such
leased equipment ends.
714 628 1330 TO 19498556405
P.04/04
(3-134802-8
(Ed. 06101)
With fospect to the insurance afforded these
additional Insureds, the following additional
exclusions apply:
This insurance doas not apply:
(8) To any "occurrence" which takes place after
the equipment lease expires; or
(b) To "bodily injury" or "property damage" arising
out of the sole negligence of such additional
insured.
Any insurance provided to an additional Insured
designated under paragraphs A.1. through A.7. above
does not apply to "bodily injury" or "property damage"
included within the "products-completed operations
hazard."
B. Iv:. respects the coverage provided under this
endorsement, Paragraph 4.b. SECTION IV -
COMMERCIAL GENERAL UABILITY CONDmONS
is daleted and replaced with thE! following:
4. other Insurano.
b. Excess Insurance
This insurance is excess over any other
insurance naming the additional Insured as an
insured whether primary, excess, contingent
or on any other basis unless a written contract
or written agreement specifically rQqulres that
this insurenco be either primary or primary
and noncontributing.
\PPROVElJ A.S "..{"O.'
f: {).fz J\J
V~. -,/
---L_::_? .5/3
Laura Stitt Shced
\ SSlstant Cit,., Att Y
r\ orne,.
G-134802-B
(Ed. 08J01)
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