HomeMy WebLinkAboutTIME WARNER WAS ADELPHIA CABLEVISION (PREVIOUSLY ADELPHIA COMMUNICATIONS - COMCAST CABLEVISION) 2 - 2006A-2006-069
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CONSULTANT AGREEMENT
THIS AGREEMENT, made and entered into this 9`h day of November, 2006 by and
between Time Warner NY Cable LLC, a Delaware limited liability company (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").
RECITALS
A. The City desires to retain a consultant having special skill and knowledge in the field of
installation of fiber optic cable.
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 uniform construction standards.
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 install fiber optic cable from Ross Street to Council Chambers, 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 by the City under
this Agreement shall not exceed $21,180.00 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. Payment need not be made if the installation fails to meet
the standards of performance set forth in the Recitals.
3. TERM
This Agreement shall commence on the date first written above and terminate on City's
acceptance of the work and payment of Consultant.
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 insureds) 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. 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. 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 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. 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. 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.
(iii) Certificates and policies shall state that the policies shall not be canceled
or reduced in coverage or changed in any other material aspect without
thirty (30) days prior written notice to the City.
e. If 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 effect 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.
6. INDEMNIFICATION
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. 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 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.
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
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
telefacsimile (714) 647-6956
With courtesy copies to:
and
To Consultant:
Executive Director of Parks, Recreation and Community Services
City of Santa Ana
20 Civic Center Plaza (M-23)
P.O. Box 1988
Santa Ana, California 92702
telefacsimile (714) 571-4221
City Attorney
City of Santa Ana
20 Civic Center Plaza (M-29)
P.O. Box 1988
Santa Ana, California 92702
telefacsimile (714) 647-6515
Time Warner NY Cable LLC
Construction Department
4175 E. La Palma Avenue, Suite 200
Anaheim, California 92807
Telefacsimile (714) 854-1959
Attn: Dale Phillips
A party may change its address by giving notice in writing to the other party. Thereafrer,
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 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 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
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.
12. TERMINATION
a. 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:
1. 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.
2. 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 Califomia 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. COMPLIANCE WITH GOVERNMENTAL REQUIREMENTS
Consultant shall carry out all services pursuant to this Agreement in substantial
conformity with all applicable laws, ordinances, statutes, codes, rules, regulations, orders, and
decrees of the United States, the State of California, the County of Orange, the City, and of any
other political subdivision, agency, or instrumentality exercisingjurisdiction over the City,
including all applicable federal, state, and local occupation, safety and health laws, rules,
regulations and standards, applicable state and labor standards, prevailing wage requirements, the
City zoning and development standards, City permits and approvals, building, plumbing,
mechanical and electrical codes, as they map apply, and all other provisions of the City and its
Municipal Code (as they may apply), and all applicable disabled and handicapped access
requirements, including, without the limitation, the Americans With Disability Act, 42 U.S.C. §
12101 et sey., Government Code § 4450 et seq., and the Unruh Civil Rights Act, Civil Code § 51
et seq.
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:
PATRICiA E. HEALY
Clerk of the Council
CITY OF SANTA ANA
-~ DAVID N. RE1~DI1 1
City Manager
APPROVED AS TO FORM:
JOSEPH W.FLETCHER
City Attorney
~J ! /j/
By: `~`
La a Sheedy'
Assistant City Attorney
LLC
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(Name) Qr.e s ,?R.-~~ - `'S-2
(Title)
Tax ID#
EXHIBIT A
10/26/06
FOR TIME WARNER CABLE FIBER INSTALL AT SANTA ANA CITY HALL
SEE PROJECT #51206000 FROM ADELPHIA CABLE FROM DALE PHILLIPS DATED 12/8/2005
INVOICE # 31504-20 TOTAL AMOUNT OF $19,255.20
THIS INSTALL PROJECT MUST INCLUDE:
FOR TURNKEY OPERATION
COMPLETE FIBER RUN AND HOOK UP TO CITY HALL COUNCIL CHAMBER RM 153
(CITY HALL 3 INCH CONDUIT HAS ALREADY BEEN INSTALLED FROM BASEMENT TO ROOM WITH
PULL ROPE AND BREAKOUT BOXES)
ALL CONNECTIONS, INSTALLATION, TESTING, CALIBRATION, ALIGNMENT FOR COUNCIL
CABLECAST FROM SANTA ANA CITY HALL TO TIME WARNER CABLE HEADEND WILL BE
COMPLETED UPON COMPLETION OF INSTALLATION OF NEW FIBER. SEE ITEM: ELECTRONICS
$11,139 ON ON PROJECT PROPOSAL#51206000
COMPLETED FIBER SYSTEM MUST INCLUDE SAP (SECOND AUDIO PROGRAM) MODULATOR
(MODEM) HOOK UP, TEST, CALIBRATION, ALIGNMENT FOR SAP AUDIO TURN KEY OPERATION.
COMPLETED FIBER SYSTEM INSTALLATION MUST INCLUDE BANDWIDTH AVAILABLE FOR
FUTURE HI-DEF (HD) AND/OR 16x9 ASPECT RATIO PROGRAMMING. WHEN AND IF THE CITY
CHANNEL 3 IS UPGRADED TO 16x9 OR HD THE FIBER RUN (INSTALLATION) WILL BE CAPABLE
AND COMPATIBLE WITH FUTURE FORMAT CONVERSIONS
INCLUDED FOR AGREEMENT WITH THE CITY OF SANTA ANA
SEE TOM BYSTRY AS CITY REP FOR INSTALL
714-998-3371 VOICE/ FAX
949-608-8700 OUTSIDE JOB LOCATION
714-366-4666 CELL PHONE.
dribic~ Na. 31504-ZO
~avorce _
~~,~. - --
Name Tom Bysgy Cebb TV DIVision Date OEC 8 2085__ _
Address City of Sarda Am Pazks and Rocreabon Deperdnait Project i 51206000 _.
Cdy Santa ana ZIP 92704 R~ Dab philtps
Phave 714-3664686
811 Roddirq 3 Ropig
2 Storage LmPs lindnground
S FNrer INd FsMry
56 Spllcr FNrw It'M Fuafwr)
2 Dfp-Up
i EletLorres
1 ~ CaWe
b Cauractioa
Ledo.
Plmse eunmRt paymerd m:
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Adelpt.a Cablevk
of Sarka AM,LLC
4176 E tePahra Ave Stei200
Argham,CA 92807
Dale Phiipa
7,4.854-,969
SO.BD
550.00
5300.00
538.00
5250.00
511,159.00
5472.00
5776.00
s1,45s.oo
Texas
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:
I . 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.)
Effective
Policy #
Issued to
this endorsement form as a part of
Named Insured
Countersigned by
Authorized Representative
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POLICY NUMBER: HDO GT37260i1
COMMERCIAL GENERAL LIABILITY
CC 20 Z6 07 04
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED -DESIGNATED
PERSON OR ORGANIZATION
~~'.: enlorsemeat modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITX COYERAGI? PART
SCHEDULE
j name Of Additional Insared Person(s) Or Organization{s)
The City of Santa Ana, its officers, employees, agents, volunteers are included as
additional insured. Coverage is primary inswance with respect to the interest of the
above, any other insurance maintained by the additional insureds is excess and non-
contributory.
Information required to complete this Schedule, if not shown above, will be shown in 1 he
Aeclarations.
~~s~on TI - Who Is An Insured is amended to include as an additional insured the
person(s) or oxganization(s} shown in the Schedule, but only with respect to liability fo
"'ro~iily injury", "property damage" or "personal and advertising injury" caused, in whole
~- in. part, by your acts or omissions or the ants or omissions of those acting on your
behalf:
r,, in the performance of }roux ongoing operations; or
$ ~ In connection with your premises owned by or rented to you.
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ACORDTM CERTIFICATE OF LIABILITY INSURANCE alan0099Y24:39AM
PRODUCER 68777 THIS CERTIFICATE 1S ISSUED AS A MATTER OF INFORMATION
AON RISK SERVICES CENTRAL, INC. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
CHICAGO IL OFFICE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
200 E. RANDOLPH STREET ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
CHICAGO IL 60601
INSURERS AFFORDING COVERAGE NAiC #
INSURED 1014 INSURER A: New Hampshire Ins. Co.
TIME WARNER NY CABLE LLC INSURER B: Ins. Co. State o[ Pennsylvania
DBA TIME WARNER CABLE
CONTINENTAL BLVD., SUITE 250
550 N
INSURER C: State of Washington Repl of Labor & Ind.
.
Et SEGUNDO CA 90245 INSURER D: Sl. Paul Fire & Marine Ins. Co.
INSURER E: Ohio Bureau of Workers' Compensation
(:VVtKRCitJ
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED) NAMED A80VE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
HICH THIS CERTIFICATE MAY BE ISSUED OR
ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO W
EXCLUSIONS AND CONDITIONS OF SUCH
HEREIN IS SUBJECT TO ALL THE TERMS
.
THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED
MAY PERTAIN
,
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
' POLICY EFFECTIVE POLICY E%PIRATION LIMITS
INSR
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N6R TYPE OF INSURANCE POLICY NUMBER DATE (MMlDOIYY) GATE {MMIDOIYY)
A GENERAL LIABILITY 6506223 1/1/2009 1/1!2010 EACriocCUaRENCE $ 3,000,000
DAMAGE TO RENTED 1
000
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COMMERCUIL GENERAL LIABILITY PREMISES Ea occurrence ,
,
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X AIMS IAADE OCCUR 1dED EXP (Any one person) $ 10,000
CL PERSONAL d ADV INJURY $ 3,000,000
GENERAL AGGREGATE § 6,000,000
GEN'L AGGREGATE LIMIT APPLIES PER'. PRODUCTS ~ COMPlOP AGG 5 S.000,OOO
X POLICY ROJEC7 LOC
A AUTOMOBILE 11A81LITY NIA - 6506064 1/1/2009 111/2010 OMeINED SINGLE LIMIT
$ 5,000,000
6508083
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X NY AUTO VA -
6506082
AOS BODILY INJURY
LL OWNED AUTOS - (Per person) $
CHEDULED AUTOS
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y EA ACC
ANYAUTO
' OTHER THAN $
~f y
SLSt1[Tl ~.JL L[OStIOV AUTO ONLY -
, AGG $
D E%CESSIUMBREILA LIABILITY QK01201974 111!2009 1/112010 EACH OCCURRENCE $ 25,000,000
X OCCUR ^CLAIMSMADE AGGREGATE. $ 25.000,000
DEDUCTIBLE §
RETENTION S
/~ WORKERS COMPENSATION 7X-5455930, FL-5455932 1/1f2009 1/1!2010 X T Y
ANO EMPLOYERS' LIABILITY
E CA - 8731087, AOS - 5455927 E.L. EACIi ACCIDENT $ 2,000,000
ANY PRDPNIETORrPARTNERIEXECUTIV ND,OH,WA,WY - 5455931(EL only)
DISEASE - EA EMPLOYEE
E
L
$ 2
000
000
B OFFICERIMEMBER E%ClU0ED7 Vy) _ 5455931 (Slat. 6 EL) .
. ,
,
If yos describe under OR - 5455928, MA - 5455929
E.L DISEASE • POLICY LIMIT
$ 2,000,000
SPECIAL PROVISIONS Celow
E OTHER
Ohio W/C
20004115
12/1/2008
12!1/2009
S
C Monopatistic-WA W!C 826986-12 6/1/2008 6/112009
W omin (Stale of WY) 003627561 7!3112008 7/3112009
DESCRIPTION OF OPERATIONS 1 LOCATIONS /VEHICLES / EXClUS10NS ADDED BY ENDORSEMENT 1 SPEC)AL PROVISIONS
THE CITY OF SANTA ANA. ITS OFFICERS. EMPLOYEES. AGENTS, AND VOLUNTEERS APE INCLUDED AS ADORIONAL INSURED ON THE APPLICABLE lU1BIlrrY COVERAGES (E%CEPT ON TILE
THE OPERATIONS OF THE INSURED AND SUBJECT TO THE RESPECTIVE INSURANCE
YdORK[RS COMPENSATION POLICY) AS REpUIRED BUT THE ADDITIONAL INSURED STATUS IS LIMITED TO
POLICY TERMS. CONDITIONS AND LXCLUSIONS
~ ----
reurcl 1 ennu
I.LRllrrl.M lC nr-/~ucR -' ---
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELlEO BEFORE THE EXPIRATION
-
CITY OF SANTA ANA TEN
DATE THEREOF. THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRn
TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FNLURE TO DO SO SNALL
NOTICE
CTV3, PARKS & RECREATION DEPARTMENT .
IIdPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
ATTN: KATHY SOWERS REPRESENTATIVES.
SANTA ANA BLVD., 2ND fLOOR
888 W
.
SANTA ANA CA 92702 AUTHORIZED REPRESENTATIVE
ACORD 25 (2001108) ®ACORO CORPORATION 1988
ADDITIONAL [NSURhD ENDORSEMEN•I•
POR COMMERCIAL GENERAL LIABILITY PbLICY
Insttrancc Compa~ty New Hampshire Insurance Company
"Phis endorsement modifies such insurance as is afforded by the provisions of Policy
# _ GL 6506223 __ 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 ofsuits arising from the operations
and uses performed by or on behalf of the named insured.
Z. 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, '['his insurance applies separately to each insured against whom claiu~ is made a'
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 alter thirty (30) days written notice lzas 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.)
Cffectivc
Policy !~
issued to
1/01 /09-10 __ _ , This endorsement form as a part of
- ~LT5Ut5~£3---
Time Warner NY Cable LLC DBA T
Named I
r C le ________
4/14/09
Re es tative ------
Countersigned by
ADDITIONAL INSURED ENDORSEMENT
FOR COMMERCIAL GENERAL LIABILITY POLICY
Insurance Company A~ AMI~RICAN INSURANCE OOi`'~'~
This endorsement modifies such insurance as is afforded by the provisions of Policy
# liDO G2374109A 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.)
Effective 6/1 /08 ,this endorsement form as a part of
Policy # I-IDO G2374109A
Issued to TIME WARNER NY CABLE, LLC, DBA TIME WARNER ~~ ~ SUBSIDIARIES
Named Insured
Countersigned by ' ,~ ~ ~~
uthorized Representative