HomeMy WebLinkAboutORANGE COUNTY DANCE PRODUCTION204 film 6 PH
r
Please complete this form when the attached agreement is no longer in effegt
Return form to the Clerk of the Council Office (M -30). A
Call 647 -6520 if you have any questions.
The agreement with
c Zoo
No. l!1 —c-R007— /4 was completed on L04i" 10
and final payment has been made.
� 12Wa
Department: Flor
Phone /Ext.: 5 "
Signature: D_,I�� §PPo' �
Date:
City of Santa Ana
Clerk of the Council
i hr'
K
AGREEMENT TERMINATION
204 film 6 PH
r
Please complete this form when the attached agreement is no longer in effegt
Return form to the Clerk of the Council Office (M -30). A
Call 647 -6520 if you have any questions.
The agreement with
c Zoo
No. l!1 —c-R007— /4 was completed on L04i" 10
and final payment has been made.
� 12Wa
Department: Flor
Phone /Ext.: 5 "
Signature: D_,I�� §PPo' �
Date:
INSURANCE ON FILE
WORK MAY PROCEED
UNTIL INSURANCE EXPIRES
I (ol I oq
CLE K OF COUNCIL
DATE: (_3_08
0' PQYKS S (Zec. (~-~
CONSULTANT AGREEMENT
N-2007-148
Car ~a -~,o,„Pk~ ~s THIS AGREEMENT, made and entered into this 7a' day of November, 2007 by and
between Orange County Dance Production, a 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
dance to provide instruction in the City's Leisure Class Program.
B. Consultant represents that Consultant is able and willing to provide such services to the
City.
C. In undertaking the performance ofthis Agreement, Consultant represents that it is
knowledgeable in its field and that any services performed by Consultant under this
Agreement will be performed incompliance with such standards as may reasonably be
expected from a professional consulting fine 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 instruct various dance classes, 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 $15,000.00 during the term ofthis 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, 2008, unless terminated earlier in accordance with Section 12, below. The term of
this Agreement may be extended upon a writing executed by the Executive Director of Parks,
Recreation & Community Services Agency 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, ajoint 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 ]nsurance. 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 acwrdance 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. 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.
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 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.
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 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 noti5cation 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. INDENINIFICATION
Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents,
employees, consultants, 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 health, and claims for property damage, which may azise 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; 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 azises 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 ofnon-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:
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) 571-4235
and
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: Orange County Dance Production
Kimberly Esmond
462 Deerfield Avenue
Irvine, California 92606
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 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 ofthis Agreement and any attachments hereto, the
terms ofthis 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 teens 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 parry 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. 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 ofthis 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 ofthis Agreement
shall be determined and governed by the laws of the State of Califomia. Both parties further
agree that Orange County, Califomia, shall be the venue for any action or proceeding that may
be brought or arise out of, in connection with or by reason ofthis Agreement.
15. PROFESSIONAL LICENSES
Consultant shall, throughout the term ofthis 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.
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 ofthis 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 ofthis Agreement.
//
//
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year
first above written.
ATTEST:
TRICIA E~. }IF,AL
Clerk of the council
APPROVED AS TO FORM:
JOSEPH W.FLETCHER
City Attorney
By. / 2/~
Lau a Sheedy
Assistant City Attorney
FOR
AL:
CITY OF SANTA ANA
~I
DAVID N. RE
City Manager
ORANGE COUNTY DANCE
GERARDO MO~JET
Executive Direct r of the
Parks, Recreation & Community Services
Director
TAX ID# oZ (y ' bCE~"(Q?~Sb
Exhibit A
SCOPE OF SERVICES
Consultant will teach Classes on Princess Series Ballet, Hula/Polynesian Dance and
Cheerleading & Song Pom Dance.
PRINCESS SERIES BALLET, Ages 3-5 yrs (Mon 6:00 PM - 7:00 PM)
The Princess Series Ballet session is an introduction to the fundamentals of ballet and
creative movement with an element of fun and fantasy. Children use props, dress in
princess costumes, dance to classical fairy tale music and make wands and crowns.
HULA/POLENISIAN DANCE Ages 5-12 yrs (Sat9:00 AM - 11:00 AM)
Hula and Polynesian dance is a great class for those that do not have previous dance
training but like to move to music. In this class participants will learn the foundations of
hula dance focusing on hip and arm movements.
CHEERLEADING & SONG POM DANCE Ages 7-14 yrs (Sat 10:00 AM - 11:00 AM)
Participants will learn chants, dance combinations with pours, flexibility training, jumps
and performance techniques. Jazz and hip hop dance forms comprise the dance element of
this class. Taught by former NFL cheerleader, this is a great preparatory class for those
interested in auditioning for junior high or high school cheer, song or drill teams.
Consultant will provide and be responsible for equipment, records, personnel and clean up
of the facilities and materials necessary to ensure the safety and effectiveness of said
instruction.
If Consultant allows others to teach his/her class, those teachers must be over 21, have
obtained and maintain an instructor rating, and be covered by Consultants' insurance.
Consultant shall provide City with documentation to verify instructor and insurance
requirements.
CLASS SIZE
1) Each class must have a minimum of 5 paid students and no more than a maximum of 30
2) In the event the minimum number of enrollees is not met by the class meeting the class
shall. be canceled. Consultant will be under no obligation to provide services and the City
will have no obligations to pay Consultant compensation
CLASS FEES
1) Each participant shall pay a $35.00/$40.00 class registration fee per session. Anticipated
revenue from this class is $12,000.00. A material fee will be collected at the beginning of
class and will be paid directly to the instructor.
2) No refunds will be made to participants after the second class meeting unless the class is
cancelled by the City.
3) The City shall collect registration fees from each participant during the registration
period. Consultant shall not collect fees, but shall refer all interested participants to City
for registration.
4) Consultant shall receive seventy per cent (70%) of the total fees collected each month.
City and Consultant agree that City shall retain thirty per cent (30%) of the fees collected
as an administration fee.
5) Consultant agrees that City is entitled to audit Consultant's records and classes to insure
compliance with this Agreement.
6) Consultant may not waive class participation/registration fees.
7) City shall prepare class rosters and provide a copy to Consultant. Only registered
participants may participate in class.
EXHIBIT B
ADDITIONAL INSURED ENDORSEMENT
FOR COMMERCIAL GENERAL LIABILITY POLICY
Insurance Company
I~ I\;1S-~' {CAS ~~
This endor~ement modifies such insurance as is afforded by the provisions of Policy
# C J...,611..{ U'3L-(~ 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 ofthe 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 ofliability. 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
Countersigned by .
9
Jan 08 08 10 :32a
ISU -THE CIS AGENCY
714.701.9712
p.2
ACORD CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDiVV.
" 1-.I2912D07
PRODUCER Serial # A2551 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ISU INSURANCE SERVICES 714.701.9711 ONLY ANI) CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES OOT AMEND. EXTEND OR
THE CIS AGENCY ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
4821 MAIN STREET COMPANIES AFFORDING COVERAGE
YORBA UNDA, CA 92886 CO\tf>ANV
A SCOTTSDALE INSURANCE COMPANY
1NSURED COMPAN"
B
ORANGE COUNTY DANCE PRODUCTIONS CO~ANV
462 DEERFIELD AVENUE , C
IRVINE, CA 92606 I-;~~""v - - --_.~ --
COVERAGES
ThiS IS TO CERTIfY ~fiA.T THE POLCIES OF INSURANCE l'STED BELOW H!WE BeEN ISSUEi') TO THE INSURED NAMED ABOVE FOR THE POLICY P.=RJQO
I\l.OICA-ED,NO-'-'NiTHSTANDINGANY R::QUIREME'\'T TERM OR CONDITION Cf'ANYCONTRACTOR OTHER jOCUMENT W:TH R~SPE.CT TOWHICd THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAiN. THEINSURANC~ AFFORDED 8 Y THE POlJClES DESCRIBED HEREIN IS SU3JECT-O ~lL THE TERMS.
Ex:wsrONS A\[2' CONDI"TiONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE B:?"Et>.: REDUCED BY PAID CLArws.
I -
co TYPE OF INSURANCE POlICY efFECTIVE: POLlC"f EXPIRATIOIll I UMITS
LT" POLICY NUMBER DATE(MNoODNY) OAT'"tlllMJt)DNYI
I GENERAL UABILlTY I ~^GGR;::GAT( . J 2,000,000
'I ~""R'''AlGENC'NlL~8'rTY CLS1463437 111108 111109 ~~OD~CTS COL-W-~T 1,000,000_
_ . _~ CLAIMS MAD: [K] OCCUR PFR~A'- &. 1<::'11 INJURv . i 1,000,000
OWNER'S & CONThUl.crOR'S PROT E.ll.CH OCCURR~ . 1,000.000
l 100,000 -
fRE DAtAAGE (AAy(;~efirel .
l - 5,000
~S:XP1M,c-l"(""eoson) "
AUTOMOBILE UABllIlY
,- I COt.llH~::l SINGLE LIJ..'1 .
~ ANY ""UTO --
I---- "-Ll OWNED AU-OS 60J.l Y INJURY .
SCHEDU~ED AUTOS (PefpersOl") -
I---- I
I---- HIRED A.UTOS 8OD~ v NJl,.RY
.
NON.OWNED AuTOS lPet'"~ccl(fel1t)
1- --
I---- ffiOPERTY C1i\W\GE S
~RAGE LIABILITY -! I ~rOONLv+~":CCfDF:-..T : S -
~ ANY AurO Cin--l.~THA'" ALTO ONLY'
I---- t---- EACH Ace rn::folf ,
-
AG~R~GATE. .
EXCESS LIABILITY I I E.Il.CH OCCURRENCE .
~
~-~MBRELL' FORI.: AG3REGATE s -
OTrlER fHA.N Ut.J8RfitA fORM ,
WORKER'S COMP~NSATION AND I ~~\C^~s I f~'
EMPLOYERS" LIABILITY EL EACHAC::VENT .
fllNCl ~_.
THi' PRO"RlOO-V Et 0 se.r...sE - F'OUCY lllo1r .
P'IIRTNERSlE:>lE.CL-TNE -' -.
I Of'FICERSARr: lExcl ELOISEA.SE-Ei' H4f"LOYEE .
X i1'&'~ CLS1463437 1/1108 111/09 $2.000,000 AGGI$1,OOO.OOO OCC
SEXUAUPHYSICAL ABUSE $50,000 AGG 1 $25,000 OCC
JlESCRIPTIOIol Of OPERATIONSfl..OCATIONSNEHlC;:L~ISPEClAl.. [~MS
THE CITY OF SANTA ANA. ITS OFFICERS, EMPLOYEES, AGENTS, VOLUNTEERS AND REPRESENTATIVES ARE NAMED AS
ADDITIIONAL INSUREDS WITH REGAR::l TO LIABILITY AND DEFENSE OF SUITS ARISING FROM THE OPERATIONS AND USES
PERFORMED BY OR ON BEHALF OF THE NAMED INSURED,
.'10 DAY NOnCE Of CANCELLATION FOR NON PAYMENT OF PREMIUM"
Ci:RT1F1CAlC HOLDER CANCELUl.TION
S140ULD ....... OF il"IE ABOVE DESCRIBED f"O~lCIE$ BE CANCELLED BEfORE THE.
THE CITY OF SANTA ANA E.JCPIRATION DAtE nEREOf. THE ISSUING COMPANY WILL. ENDEAVOR: TO MAIl.
20 CIVIC CENTER PLAZA ~ DAY'S WRITT'EN NOnCE TO THECERnFICATEHOLDERN.ANEDTO THE LEFT.
SANTA ANA, CA 92701 BUT FAILURE TO MAIL SUCH ,",oTlce SHALL .MPOSf;. NO OeLLGATlOlll OR UABlLlT'!'
OF Atly 00'"' UPON n<E COMPNI'f, ITS. .66lHTS OR REPRESl:NToIt.YIVES-
Al,JTI-IORIZED REPRESENTATIVE OF I!\lDEPENDEN; INSl.:RANCE AGE"lIlC'I"
I I . <rU, ~ ~ ...;,.' _'.., L__~
ACORD 25-5 (1/95) " ! , I . i9ACORD CORPORATION 1988
---;P3//3
Jan 08 08 02:54p
ISU -THE CIS AGENCY
714,701,9712
p.2
ENDORSEMENT
NO.
)~ SCO'ITSDALE INSURANCE COMPANY"
"TTACHEe"-O AN:l EtoIOORSEMEN't EFFEC'TIVE OATE
FORMING It PARr (IF 11:t;l)' .IIo..M. ST,Il,NDARDTl\ll\:) NANElJ tN,wRED AGENT NO
poucv NU"B~R
CL514634-, "J ,,' 101" 2 (j I): O?-ANGE ce,-IN'!'"? Dp.t'IC:;: ?RoL1.::.....::l)NS 04 )53
THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFUcL Y
BLANKET ADDITIONAL INSURED ENDORSEMENT
T.,is endorsement modifies Insuran~e provided Linder the follo....Jing:
COMMERCIAL GENERAl. LIABILITY COVERAGE PART
\f..rnh respect to tl'15 endorse,'lle,t, SECTION: II - WHO IS
AN INSURED is amenced to include as an add tlo~al in
s:..Jreo &ny person or organization wl-:om you are requi-ed
to add as an a:::dit~o'1at Insured on this policy under a wet-
ten contract, written agreement or written permit which
must be;
a. CLrrently in effect or becoming effective dlring
the term of the pOliq'; and
b Exe~uted prfo~ to t:1e "bodily irJl;ry,' "property
damage," or "personal a~d advertishg mjury "
The Insurance provided ~o ~hes~ addit.ona irsureds is lim-
ited as follows
1. That ~e'son or orgamzation is an additional in~
5Ured only with respect to .iability for "bod jly
injury," "p~apelty dama;;:!e" or "personal and adve-.
tising HlJL..:ry"' caused, inw:1o e or;n part, by'
a. YO'Jr acts or emissions; or
b_ The ac~s or omissions of those acting 0:1 your
behalf.
A r:ers.on's or organizaticn's status as an additional
f:1sured under this e"dorsement ends when
yc~r operatc1s ~or that additio'lal Insured a:,e
corr,p cted.
2. With respect to the I'1SUT2:1Ce affcrc.ed to these ad-
ditional Insureds, the following exclusions are
added to iteM 2. Exclusio ns of SECTION I -
COVERAGES:
Tnis ir:5urance does not apply to "bodi,y injury,"
"prooerty damage" or "pc-rsonal C;lrd advertising in-
jury" occurring after:
a. A:I work, includmg materials, parts. or equip-
ment fu~nlshed In connection with s.Jch work.
on the project (other than service, mainte-
nance or re:::airs) to be performed by or ~n be-
half of the additlona insured(s) at the location
of the covered operations has been COf'"l-
pleled: or
b. That portion of "your work" out of which the in-
jury or damage arises has been put to its in-
terded use ,:>y an)' person or mganlzation
other t'1an another c::)nt~actor or s\Jbcontractor
engaged in performing ooerations for a princi-
pal as a part of the same project.
3. The limits of insurance applicable to the add.tional
insured are those specified In the written contracl,
written agreerr.en: or \o,,'rrtten permit or in the Decla.
rations. for this policy, w~ichever i::s less These lim-
I~S of insurance are Incl:Jsive of. and not in addition
to, -:he Limits. oJ Insurance shown in the Declara.
bons tor t:1i!:O polic f
4. Cove.age is not provided for "bodily InJu-y....'p.op-
erty damage," or "personal and. advertlsl'1g mjury"
arising 0;.1: of the sole "egligence of tt10 additIOnal
ir.sured.
5. The i:'lsurance provided to the additional insured
does nct apply to "bodiiY injury," "property oam-
age," or "personal and advertisiflg I'1jury" arising
oul of an architec:'s, engir.ee!'s or su"\!eyor's ren-
de.ing of or failure tc rende~ Q:lY professional se~""'-
ices includi'lg
In cllL des copyrigl'ted m a~erial of ISO Properties:. lr1c.. with its pl'.!m: issJof'"
Copyn!=jht, ISO Propertle~.lnc ,:::'004
GLS-1SDs (7-061
Pagelnf2
HEHOR1,-N::rH
.
Jan 08 08 02:54p
ISU -THE CIS AGENCY
714.701.gr1L
p.~
a. The preparing, approv'ng or failing to pre:::a~e
Of approve -naps, shop drawings, ~pinlon5, re.
ports, surveys, he-Id orders, change orders or
d.a....lings. and Specifications.: and
written contract spec:fically req"Jires that thIs mSJr-
ance be pril"'1ary
b. Supervisory. inspection. arch tectlirai or engi-
neering acti....ities.
When this insl,Hance is excess, we wit! nave no du-
ly under SECTION I. COVERAGES to defend the
ad ditio rial Insured 3g311lst any "suit" f. Clny other in-
su.e' has a duty to defend the additional insured
agai:1s: that "suit.' 11 no other insL:rer defends, we
will undertake to do so, but we will be entitled to
the additio1al insured's rights agairst all those oth-
er inSJrers.
6. Any coverage provided r,ereurcer 'Hili be excess
over any other valid and colectible insurance avail-
able to tte ad<titiora insured whether primary ex-
cess, contingent or on any other basIs unless a
I
A.uTHO~IZED RE PR ESENT A fIVE
DATE
IncJude~ copyn(]hted "Tl ate rial ClIf ISO Propedi..s. Inc., v..th Its pp'ml....Lfln
Copyright. ISO Propeortes., !nc > 2C0&1
Gl$-150s (7-06)
P(lge7'of2