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HomeMy WebLinkAboutUS NATIONAL BADMINTON FOUNDATION - 2008(D City of Santa Ana Clerk of the Council AGREEMENT TERMINATION Please complete this form when the attached agreement is no longer in effect. Flo jut 19 PM -V 13 Return form to the Clerk of the Council Office(M-30). O Call 647-5237 if you have any questions. CiTCLY AN/a 0 COUNCIL 54HTA TAAN The agreement with No. /�14— n:f was completed on (t" II W) L5 and final payment has been made. �1 -&QC3�_055 ---00 4 Department: ����� N - M CI0 `r- 038*- C+C ;;�,. Phone/Ext.: 115 -IS7-i Q --a &—C bS — CM G J )�-3 - aLCG,�S--G'vR--GO4 Signature: Date:[ Revised 07-23-07 INSURANCE ON FILE WORK MAY PROCEED UNTIL INSURANCE EXPIRES CLERK 0 (F CC )UNCIL oarF: APR 8 0 : P ROS C z) 2008 DCnnc1 S, CONSULTANT AGREEMENT N-2008-038 THIS AGREEMENT made and entered into this 24th of March, 2008 by and between U.S. NATIONAL BADMINTON FOUNDATION, anon-profit public benefit corporation (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 « ,~ -ty ). RECITALS A. The City desires to retain a consultant having special skill and knowledge in badminton, to provide instruction to children through 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 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 provide badminton instruction 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 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 and Community Services 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 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. Reserved 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. 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. 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 copy 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 To Consultant: U.S. National Badminton Foundation Pratipat Teo Mallawong 13091 Hope Street Garden Grove, California 92843 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 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 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. 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. 16. MISCELLANEOUS PROVISIONS a. 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: J ~ PATRICIA E. HEALY Clerk of the Council APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney Lau~'a Sheedy Assistant City Attorney RECOMMENDED FOR ~G GERARDO M ET Executive Dir ctor of Parks, Recreation and Community Services CITY OF SANTA ANA `J~l~ U~ DAVID N. RE City Manager U.S. NATIONAL AL: BADMINTON FOUNDATION <:. -- PRAfTIPAT TEO MAIX~' WONG Owner TAX ID# ~~ ~,~ 'C Ce'S EXHIBIT A SCOPE OF SERVICES Consultant will teach Badminton for children, ages 5 and older. Participants will learn fundamentals of badminton, rules of the game, court etiquette, swing production, foot work and more. Classes will be held on days and hours mutually agreed between Consultant and the City, at the Salgado Recreation Center. Classes will be held year round except during basketball season (December- March) when gymnasium is not available. Each class will have a minimum of 5 and a maximum of 30 paid participants. If the minimum number has not been enrolled by the first class, the class will be cancelled. 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 classes, those teachers must be over 21, have obtained and maintain an instructor rating and be covered under the Consultant's insurance. Consultant will provide written documentation regarding instructor and insurance requirements. FEES Each participant will pay a $12.00 registration fee per monthly session for the Monday/Wednesday class, or $10.00 for the Friday evening class. No refunds will be made after the second class meeting, unless the class is cancelled by the City. City will register and collect fees from participants. Consultant shall direct interested parties to the City for registration. Consultant shall receive 70% of registration fees collected by the City. City shall receive 30% as an administration fee. City may audit Consultant's records and classes to ensure compliance with this Agreement. Consultant may not waive class registration fees. City will prepare a class roster. Only registered students may participate in any class. 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.) Effective Policy # _ Issued to this endorsement form as a part of Named Insured Countersigned by Authorized Representative P.2~3 _. - CERTIFICATE ~F LIABILITY INS11f~ANCE oelD~c D ~G4R """`"'""' ' _ . I ~ . rwn-^ o~ aa Da w^Ir/a 7MS CEitlSflCAIE 16168SIE0 As A aAT7lA OF IN SORAfATiOM OlKY AND. CO(1iERH.ND RIfiNTE tlPOM THE CERTIfICAT! Ool.la.ttpac . toe, HOIOER. T-p$ GERT~PtCATB pOrt$ NOT /UfHIrO.OCTENO'GR 301 J}1C PAeMray -- AL'rfR l't1E COVERA[Ifi AFFORDED!!`( t1/8 POLICIES 8£I.OQY, Ohuro Ifalie r~.7 07071-6000' ~~ DAone: ls00-534-1779 l+s: 9T3-9Y1-767i ~IN911RERSAFFORDIN000VERAGE NA1C• tr.re ,.:..-_.. rtatrhol SoevreeM c:opec-y SHlaO N 2008 038 r.~wn• - - --- - - ,~ ...,~~ citl4a ,~.,ti:~ ... _._.~..... __ .-- - Coiorlttiu 3priay~ C9 804QY _' ..-_'.--__- -°...- ..... .. ... T ..... . ...,_.,_..... 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U..a,.rNwe Yet~Jl:': . -.-..r {ift"Ji. NfY1FVt.J~ _ bOfO . r r ._ .__._.. t A~ MSf-id^ne 'o ^Ircence ~~103r1lW2aS46 ~ OJi'41l0! 03!OSi09 ta^r1 w^: 125.000 ~arr"r ra~^tt^e:Iwnwrutownnrawtlo.r wt.o r....w..•r.. arol'.. w.rnr the o~re.lfiuto holder i) nettrd ^e en ecE1/t.lonwl inod:ol ~nrior efts hebsltty yaliq CeruAae S• Previdid i+ncMr t]t;o yol iey Sot •pxteaac ed~eop^rvl^ttS .ctiv.lt3ee of YSr eudied a^dreA. ^his rerCilacete 1~ a^tuad ou beLtel! nt nnear ct?rtrnr+tca~t= Irll nFA care=t 1 .alnr rr~~Q? ^e°AtA•N^e.Nrtt1K.^1'~NM1M tTlbK^ar rYw.f ^Itl\I~\11\Y1 ry}-fNMM 4JII.MM Y.AMI~L ~kcaM. 74 [.A r.fM- ~~ l~<\Y to AefAf1Y^atRleiJ»•OWS of 11[ :Kf. ~~.~1~' Gty OY 8rrs[e Arlo zo Gavaa Gonur 71esw o~ttte Aee ew D]7C3 - wr.m^n^[w~wt J-WRfl T6 17DPtrM) r~ n~ut+ar wr~v.wrww •sre -> . . . ~ _ - Date: 3/27/2008 Time: 11:02 AM To: DonnaSchultze @ 91714-571-4235 Page: 001-001 POLICY NUMBER: 8502AH054504 COMMERCIAL GENERAL LIABILITY CG 20 26 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE ' Name Of Additional Insured Person(s) Or Organization(s) ~! City of Santa Ana, its officers, agents, employees and volunteers as additional insureds. 20 Civic Center Plaza i Santa Ana, CA 92701 This endorsement is issued on behalf of USNBF. The insurance is primary and noncontributing to any other insurance held by the additional insureds. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. ~ Section 11 -Who Is An Insured is amended to include as an additional insured the person(s) or organization{s) shown in the Schedule, but. only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: A. In the performance of your ongoing operations; or B. In connection with your premises owned by or rented to you. CG 20 26 07 04 ©ISO Properties, Inc., 2004 Page 1 of 1 i ,~7,? N -aoo?-o3?3 -oo? ?/??? CERTIFICATE OF LIABILITY INSURANCE °vs?.YZ DA o9 zz/ o ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Bollinger, Inc. y? HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ShortFBilis NJy07078-$000 ?Q{? QCT 25 ? L THE COVERAGE AFFORDED BY THE POLICIES BELOW_ Phone: 800-$26-1379 Faz:973-921-2876 INSURERS AFFORDING COVERAGE NAIC Je IN D US National Badminton F??%i _ s Markel Insurance Company 38970 14862 Collate Place ii" ` `' ' B_ INSURER C: Westminster, CA 92683 INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW NAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PER100 INDICATED. NOTWITHSTANDING ANY REOVIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCV MENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSVEO OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSKJNS ANO GONOITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR /NSR TYPE OF INSURANCE ? POLICY NUMBER DATE (MM/DDA'YYY) DATE (MILDD/YYY17 LIMITS GENERAL LIABILITY EACH OCCURRENCE E 1 , OOO , OOO A 1 Z Z COMMERCIAL GENERAL LIABILITY 8$02AH024$04 03/01/10 03 /O1/11 PREMIStes (Ee aearanoa) E 100,000 IJ GLAIM3 MADE ® OCCUR MED EXP (My me peon) E $ , OOO f Z Zacl Participants PERSONAL BADV INJURY E 1, DOD, OOO a ZnCl Drag Tenting GENERALAOGREGATE f $,000,000 GENt AGGREGATE LIMIT APPLIES PER PRODUCTS -COMP/OP A00 E 1 , OOO , OOO POLICY JECT Z LOC Abu80 Mol lmil 21811 ' AUT OMOBILE L14BIUTY COMBINED SINGLE LIMIT E ANY AUTO (Ea aicci0ent) All OWNED AUTOS A ROVED O FOR eP?DIL? I?NrIJ)uRY f SCHEDULED AUTOS HIRED AUTOS BODILY INJURY E I NON-0WNED AUTOS _ (P°r accident) L? ?I1? rT FLE HER •Y PROPERTY DAMAGE f CITY A O EY (Par acci°°"`) GARAGE LU\BILT/ AUTO ONLY - EA ACGIOENT f ANY AUTO OTHER THAN EA ACC f AUTO ONLY: qGG E EXCESS /UMBRELLA LIABILITY EACH OCCURRENCE E 1 , OOO , OOO A 8 occuR ?cLAIMS MADE 4602A8024$O$ 03/01/10 03 /O1/11 AGGREGATE f 1, GOO, OOO E DEDUCTIBLE f RETENTON E S AND EMPLOYERS' LUUlILnY ? TORY LIMITS ER ANV PROF`RIETOR/PARTNER/EXECUTIV Y/N E.L. EACH ACCIDENT f OFFK;ERlMEMBER EXCLUDED9 (Mandatory In NH) I E.L. DISEASE - EA EMPLOYE S H y? dRRiba urwar , SPECIAL PROVISIONS balpw j E.L. DISEASE -POLICY LIMIT E OTN ? DE RI N PERATION LOCATIONS /VEHIC LE LU I N ADDED B I I N The certificate holder is named as an additional insured under the liability policy. Coverage is provided under thin policy for sponsored/supervised activities of the named insured. This certificate is issued on behalf of the fJSNBF Club. VANLC LLA I IVIV SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE E%PIRA SALGCAl GATE THEREOF, THE 136UIN0 INSURER WILL ENDEAVOR TO MAIL 3 D DAYS WRITTE NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHA IMPOSE NO OBLKiAT10N OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AOENTB OR Salgado Community Center 706 NO rth Newhope St rest REPRESENTATIVES. Santa Ana CA 92703 ,/-' Tha ACORD Hama and logo era raglstered marks o1 ACORD POLICY NUMBER: 8502AH024504 COMMERCIAL GENERAL LIABILITY CG 20 26 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE City of Santa Ana, its officers, employees, agents, volunteers and representatives 20 Civic Center Plaza Santa Ana, CA 92701 Group Code: Irvine Badminton Club This insurance is primary and non-contributory. Section II -Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: A. In the performance of your ongoing operations; or B. In connection with your premises owned by or APPR ED AS _ EURM rented to you. J PH W. TCHER _r+TY ORNEY CG 20 26 07 04 ©ISO Properties, Inc., 2004 Page 7 of 1 ADDITIONAL INSi3RED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY POLICY Insurance Company , tilarkel Insurance Company- - N.?AIC = X8970 This endorsement modifies such insurance as is afforded by the provisions of Policy # S50?.?I IO_'-ISO4 relating to the following: l . The City of Santa Ana, and the City of Santa Ana, located at 20 Civic Center Plaza, Santa Ana, California 92701; and their respective officers, employees, agents, volunteers and representatives aze named as additional insureds ("additional insureds") with regazd 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 ins¦*?*?ce 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 Community Redevelopment Agency of the City of Santa Ana, 20 Civic Center Plaza (M-25), Santa Ana, California 92701. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective from C)3-[)1 ? I U to (}3!0 i.?1 1 ,this endorsement form as a part of Policy # S_>O?t?1i0245(l?} Issued to L''SA Bad.n3inton cX: its member clubs Named Insured Countersigned by ??j? ?-?j thorized Representative from Insurance Provider OP ID: AY ACORO « ?? CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/`/YYY) 03/04/11 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 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 endorsements . PRODUCER 800-526-1379 CONTACT NAME: Bollingger, Inc. 973-921-2876 101 JFK Parkway PHONE aC No : Short Hills, NJ 07078-5000 AJ M -MAIL organ PRODUCER . USABA-2 INSURERS AFFORDING COVERAGE NAIL K INSURED USA Badminton INSURERA:Markel Insurance Com an 38970 $a its member clubs INSURER B One Olympic Plaza INSURERC: Colorado Springs, CO 80909 INSURER D r? ? •? ?M ? ? O ? Jr-?OO? INSURER E V?? VV CJ INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL SUER POLICY NUMBER POLICY EFF MM/DD POLI Y EXP MM/DD LIMITS GENERAL LV\BILITY EACH OCCURRENCE $ 1,000,000 A X COMMERCIAL GENERAL LIABILITY X 8502AH0245D4 03/01/11 03/01/12 PREMISES Ea occurrence $ 100.000 CLAIMS-MADE ? OCCUR MED EXP (Any one person) $ 5,00 J( Intl Participants PERSONALBADV INJURY $ 1,000,000 J( Intl Drug Testing GENERAL AGGREGATE $ 5.000.00 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS -COMP/OP AGG $ 1.000,000 POLICY PRO X LOC Abuse/Mol $ lmil/2mi1 AUT OMOBILE LUIBILITY COMBINED SINGLE LIMIT $ (Ee eccitlent) ANV AUTO BODILY INJURY (Per person) $ ALL OWNED AUTOS BODILY INJURY (Per accitlent) $ SCHEDULED AUTOS DAMAGE O R HIRED AUTOS G nt Pe r a¢ $ NON-OWNED AUTOS $ UMBRELLA LIAR )( OCCUR EACH OCCURRENCE $ 1,000.000 EXCESS LIAR CLAIMS-MADE AGGREGATE $ 1,000,000 A 4602A H024505 03/01 /11 03/01 /12 DEDUCTIBLE $ RETENTION $ WORKERS COMPENSATON AND EMPLOYERS' LIABILITY T?T? / \ a ? s? c J ?PS y?V V • ?,j, ? ??1 r-/? V 1' V ? n 1v1 WC STATU- OTH- Y/ N . ANY PROPRIETOR/PARTNER/EXECUTIVE ? N /A ) E.L. EACH ACCIpENT $ OFFICER/MEMBER EXCLU DED9 / (Mantla[ory In NN) - E.L. DISEASE - EA EMPLOYEE $ IT yes, tlescriba untler DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $ Laura Slit S' erdy Assistant C=ity ttorncy DESCRIPTON OF OPERATONS /LOCATIONS /VEHICLES (AHach ACORD LOS, Adtlltlonel Remanca SebaCUle, If more space is requiretl) The certificate holder is named as an additional insured under the liability policy. Coverage is provided under this policy for sponsored/supervised actlVltles of the named insured. This certificate is issued on behalf of the USNBF Club. CERTIFICATE HOLDER CANCELLATION SALGCAI SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Salgado Community Center THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 706 NOrth NBWhope Street ACCORDANCE WITH THE POLICY PROVISIONS. Santa Ana CA 92703 , AUTHORIZED REAP, R/EjS?yEfN?T?/A//TI?V?E ?/ © 1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25 (2009/09) The ACORD name and logo are registered marks of ACORD N ?-aoo ?- a 3?-ooa POLICY NUMBER: 8502AH024504 COMMERCIAL GENERAL LIABILITY CG 20 26 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE City of Santa Ana, its officers, employees, agents, volunteers and representatives 20 Civic Center Plaza Santa Ana, CA 92701 Group Code: Irvine Badminton Club This insurance is primary and non-contributory. Section II -Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: A. In the performance of your ongoing operations; or B. In connection with your premises owned by or rented to you. CG 20 26 07 04 ©ISO Properties, Inc., 2004 Page 1 of 1 rv ?- ano ?- o ? ? o o? ADDITIONAL INSURED ENDORSEIYIENT FOR COMMERCIAL GENERAL LIABILITY POLICY Insurance Company Markel insurance Compan?? - NAIL # 38970 This endorsement modifies such insurance as is afforded by the provisions of Policy # _8502AH(12?50? relating to the following: 1. The City of Santa Ana, and the City of Santa Ana, located at 20 Civic Center Plaza, Santa Ana, California 92701; and their respective 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 Community Redevelopment Agency of the City of Santa Ana, 20 Civic Center Plaza (M-25}, Santa Ana, California 92701. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective _ from 03/U 1 11 1 to 0310.1.112 ,this endorsement form as a part of Policy # ? SS(12AH02?S(/? Issued to LJSA Badminton ? its member clubs Named Insured Countersigned by Authorized Representative from Insurance Provider