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HomeMy WebLinkAboutSANTA FE TRAILS ARCHERS-.� C, U01 AGREEMENT TERMINATION ,I Please complete this form when the attached agreement is no longer in effect. 7W ,a a €, Return form to the Deputy Clerk of the Council (M -30). Call 647 -5238 if you have any questions. The agreement with No. D(a—] was completed on 0 13o I oo) and final payment has been made. tea yf Revised 05 -22 -08 Department: ?4Q-2>Pr Signature: !�>A V AM 10t � A,� LV Date: (6 31 H City of Santa Ana Clerk of the Council in~sORAr1CE ON FILE v,OnK iulAY PROCEED ;,,, i it ii~SURANCE EXPIRES ~- l5-a~ LLEkK Of COUNCIL DATE: Co- I ~ -o`t ~ ~ qtr KS X 12e-c. C~-~ CONSULTANT AGREEMENT N-2008-067 ~~ ~ la `(!~~ M pk~ THIS AGREEMENT made and entered into this I ~6~^ day of Sv n P_ 2008 by and between Santa Fe Trails Archers, a limited liability 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 "City"). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of archery to provide archery instruction 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 teens 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 ofperformance 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 June 3Q, 2009, 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 Ciry 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. INDENINIFICATION 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 azising 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 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 caze 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: Santa Fe Trail Archers Adrienne Dykman 11339 Mulhall Street EI Monte, Ca 91732 Email ~gotarrowslaigmail.com 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 ofa 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 4 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 Califomia. 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, pernits, 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: 1 PATRICIA E. HEA LY Clerk of the Council CITY OF SANTA ANA DAVID N. RE City Manager APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attomey r By: . Lau Sheedy Assistant City Attorney FOR Director of Parks, Recreation and Co unity Services AL: SANTA FE TRAILS ARCHERS ADRIENNE C. DYI AN President Tax ID# X53- 02-(o7j0°( EXHIBIT A SCOPE OF SERVICES Consultant shall teach Archery at the Santiago Park Archery Range for children, adults and families to learn the basic shooting techniques for recreational archery. Classes will be held on dates and times mutually agreeable between Consultant and City. Consultant may provide weekly camps during school recesses. Each class must have a minimum of 12 and a maximum of 15 paid students. In the event the minimum number of enrollees is not realized by the second class meeting, the City may cancel the class. In such case, neither City nor Consultant will have obligations to the other regarding the cancelled class. Consultant will be responsible for equipment, records, personnel and clean up of the facility and materials necessary to ensure the safety and effectiveness of instruction. If Consultant allows others to teach this class, such other teachers shall be over 21, have obtained and maintain an instructor rating in azchery, and be covered by the Consultant's liability insurance. Consultant shall, on City request, provide documentation to verify instructor qualifications. FEES Each participant shall pay $80.00 registration fee per four (4) class session. Camp fees shall be set at $99.00 weekly. City will collect registration fees. Consultant shall receive seventy percent (70%) of the total fees collected for Consultant's classes each month. City shall retain thirty percent (30%) of the fees collected as an administration fee. Notwithstanding the forgoing, until the class registration meets the minimum number of participants set forth above, Consultant will provide the class and will receive eighty percent (80%) of the total fees collected for her classes each month. City shall retain twenty percent (20%) of the fees for administration costs. Consultant may not waive class fees. City shall prepare a class roster 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 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, Califomia 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, Califomia 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 CERTIFICATE OF INSURANCE o5nnzooa THIS CERTIFICATE IG ISSUED AS A MATTER OF INFORMATION PRODUCER ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE American Specially Insurance 8 Risk Services. Inc HOLDER. THIB CERTIFICATE DOES NOT AMEND, EXTEND. OR 142 North Main Slreel ALTER THE COVERAGE AFFORDED BY THE POLICY BELOW. Roanoka, Indiana 46703 INSURERS AFFORDING COVERAGE INSURED soclalion of the U S A l A h i INS. A: Philadelphia Indemnity Insurance Company rc ery s The Nat ona rlh Tejon Street 771 N INS. B: a Colorado Spdngs. CO 011903 INS. C: SANTA FE TRAIL ARCHERS 113391dULHALL STREET EL MONTE. CA 91732 CERT NUMBER: 1000633271 COVERAGES. - _-- _-. _........- --'..._....~.. _,.,.,.. ,.,~„o=„ .~,,..~„ nnrrrc EnP THE PDI ICY PERIOD THIS IS TO CERTIFY THAT THE POLICIES OF INSVNANGt uo i eu acwrr nHVC occr. ,~~...,. ,.. ,.,~ .........~_ .......-- . __.-. -.- ---- ENT WITH RESPECT TO WHICH THIB INDICATED, NOT WITHSTANDING ANY REQUIREMENT, TERM OR CONDITION Of ANY CONTRACT OR OTHER DOCUM EXCLU IONS ANOYCON ITION OF SUCH POLIC EIS. AGGREGATE L MITSFSHOWN MAV HAVE BEEN REDUCEDI BY PA DRCLAIMS. UBJECT TO ALL THE TERMS, INS POLICY POLICY POLICY LTR TYPE POLICY NUMBER EFFECTIVE EXPIRATION LIMBS GeneralA re ate S,OOD,000 GL PHPK286911 01/1512008 07!15!2009 Products-Com letetl O erallons AgAregate 3.000,000 Personal and Advertisino Inlurv i,00D,000 Q 12:01 a m 12:01 a m Each Occurrence 1.OOD.000 m ml Rented to You (Anv One Premises! tOD ODO Medical Ex arise Limit A One Person Excluded DESCRIPTION OF DPERATIONSILOCATION5NEHICLESIEXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS Atlditional Insureotlde0 5 gna etl Padrson oaOrganlzalionl. wlln spec) lpo Na PARKS 81RECREATKIN ARCHERY PRDGRAM tfrom March 26 n26p81hrough anuary td pp 9626 - - The Insurance coverage pavided untler Ihia policy is primary antl non-conlri6ulory E CITY OF SANTA ANA, 1T5 OFFICERS. FMPLO VEE5. AGENTS AND VOLUNTEERS SHOULD ANY OF THE ABOVE DEBCRIBEO POLICIES BE CANCELED BEFORE THE CIVIC CENTER PLAZA EXPIRATION DATE THEREOF, THE ISSUING NTA ANA. CA 92701 COMPANY WItL MAIL 30 DAYS WRITTEN "'.'~ 1.'`l?r1yg NOTICE TO THE CERTIFICATE HOLDER AUTHORIZED REPRESENTATIVE - '- .. A.i;.. ~ - _ Insurance 8 Rlsk Services. Inc also conducts business as Agency POLICY NUMBER: PHPK285911 COMMERCIAL GENERAL LIABILITY CG 2D 26 07 04 THlS 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 The City of Santa Ana, its Officers, Employees, Agents and Volunteers 20 Civic Center Plaza Santa Ana, CA 92701 will Section II -Who Is An Insured is amended to in- clude as an additional insured the person(s) or organi- zation(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 omis- sicns of [hose 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 ^ Policy Holder: The National Archery Association Policy Number: PHPK285911 (3) The nature and location of any injury or damage arising out of the "occurrence" or offense If a claim is made or "suit" is brought against any insured, you must: (1) Immediately record the specifics of the claim or "suit" and the date received; and {2) Notify us as soon as practicable You must see to it that we receive written no- tice of the claim or "suit" as soon as practica- ble c. You and any other involved insured must: {1) Immediately send us copies of any de- mands, notices, summonses or legal pa- pers received in connection with the claim or "suit", (2) Authorize us to obtain records and other information; (O) Cooperate with us in the Investigation or settlement of the claim or defense against the "suit"; and {4) Assist us, upon our request, in the en- forcement of any right against any person or organization which may be liable to the insured because of injury or damage to which this insurance may also apply. d. No insured will, except a[ that insured's own cost, voluntarily make a payment, assume any obligation, or Incur any expense, other than for first aid, without our consent.. 3. Legal Action Against Us No person or organization has a right under this Coverage Part: a. To join us as a party or otherwise bring us Into a "suit" asking for damages from an insured; or b. To sue us on this Coverage Part unless ail of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured; but we will not be liable for damages that are not payable under the terms of this Coverage Part or that are in excess of the ap- plicable limit of insurance An agreed settlement means a settlement and release of liability signed by us, the insured and the claimant or the claim- ant's legal representative. Otherlnsurance If other valid and collectible insurance is available to the insured for a loss we cover under Cover- ages A or B of this Coverage Part, our obligations are limited as follows: a. Primary Insurance This insurance is primary except when Para- graph 6. below applies. If this insurance is pri- mary, our obligations are not affected unless any of the other insurance is also primary. Then, we will share with all that other insur- ance by the method described in Paragraph c. below. b. Excesslnsurance (1) This insurance is excess over: (a) Any of the other insurance, whether primary, excess, contingent or on any other basis: (i) That is Fire, Extended Coverage, Builder's Risk, Installation Risk or similar coverage for "your work' ; (ii) That is Fire insurance for premises rented to you or temporarily occu- pied by you with permission of the owner; (iii) That is insurance purchased by you to cover your liability as a tenant for "property damage" to premises rented to you or temporarily occu- pied by you with permission of the owner; or (iv) If the loss arises out of the mainte- nance or use of aircraft, "autos" or watercraft to the extent not subject to Exclusion g. of Section I -Coverage A -Bodily Injury And Property Oam- age Liability. (b) Any other primary insurance available to you covering liability for damages aris- ing out of the premises or operations, or the products and completed operations, for which you have been added as an additional insured by attachment of an endorsement. (2) When this insurance is excess, we will have no duty under Coverages A or B to defend the insured against any "suit" if any other insurer has a duty to defend the insured against that "suit". If no other insurer de- fends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. CG 00 01 12 07 ©ISO Properties, inc., 2006 Page 11 of 16 D CERTIFICATE OF INSURANCE I 02/03/2009 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION American Specialty Insurance & Risk Services, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND, OR 142 North Main Street ALTER THE COVERAGE AFFORDED BY THE POLICY BELOW. Roanoke, Indiana 46783 INSURED INSURERS AFFORDING COVERAGE The National Archery Association of the U.S. INS. A. AXIS Insurance Company One Olympic Plaza INS. B: Colorado Springs, CO 80909 INS.C. SANTA FE TRAIL ARCHERS 11339 MULHALL STREET EL MONTE. CA 91732 CERT NUMBER: 1000743081 1/ - -<OC5 -O~7 COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOT WITHSTANDING 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 CONDITION OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INS POLICY POLICY POLICY LTR TYPE POLICY NUMBER EFFECTIVE EXPIRATION LIMITS General Aaareaate 5,000,000 GL AXGL01100381-09 01/15/2009 01/15/2010 Products-Comoleted Ooerations Aaareaate 2,000.000 A 12:01 a.m. Personal and Advertisino Iniul'\/ 1.000,000 12:01 a.m. Each Occurrence 1,000,000 Damaae to Premises Rented to You (An On'" Premises 1 100 000 Medical Exnense Limit (Anv One Person Excluded DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY EN DORSEMENTISPECIAL PROVISIONS - The Certificateholder shall be an Additional Insured, but only with respect to the operations of the Named Insured, and subject to the provisions and limitations of Form CG 2026 _ Additional Insured - Designated Person or Organization, with respect to the NAA SANCTIONED ACTIVITIES AND PRACTICES from January 15, 2009 through January 14. 2010. - The general liability policy is primary as per Form CG 00 01. APPROVED AS T0 t v",tM _~>:;;jl1U~ 1/3 ,. .tura Sl' ,};)~\,;;dy f...~sistant Ity A Ilorney CERTIFICATE HOLDER THE CITY OF SANTA ANA CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES 20 CIVIC CENTER PLAZA SANTA ANA. CA 92701 AUTHORIZED REPRESENTATIVE Q.~ American Specialty Insurance & Risk Services, Inc. also conducts business as AS.I.R.S.I. Insurance Agency in the state of California. POLICY NUMBER: AXGL01100381-09 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(sl The City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92701 Information required to comolete this Schedule, if not shown above, will be shown in the Declarations. Section II - Who Is An Insured is amended to in- clude as an additional insured the person(s) or or- ganization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property dam- age" 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 o b. If a claim is made or "suit" is brought against any insured, you must: (1) Immediately record the specifics of the claim or "suit" and the date received; and (2) Notify us as soon as practicable. You must see to it that we receive written no- tice of the claim or "suit" as soon as practica- ble. c. You and any other involved insured must: (1) Immediately send us copies of any de- mands, notices, summonses or legal pa- pers received in connection with the claim or "suit"; (2) Authorize us to obtain records and other information; (3) Cooperate with us in the investigation or settlement of the claim or defense against the "suit"; and (4) Assist us, upon our request, in the en- forcement of any right against any person or organization which may be liable to the in- sured because of injury or damage to which this insurance may also apply. d. No insured will, except at that insured's own cost, voluntarily make a payment, assume any obligation, or incur any expense, other than for first aid, without our consent. 3. Legal Action Against Us No person or organization has a right under this Coverage Part: a. To join us as a party or otherwise bring us into a "suit" asking for damages from an insured; or b. To sue us on this Coverage Part unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured; but we will not be liable for damages that are not payable under the terms of this Coverage Part or that are in excess of the ap- plicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us, the insured and the claimant or the claim- ant's legal representative. CG 00 0110 01 4. Other Insurance If other valid and collectible insurance is available to the insured for a loss we cover under Cover- ages A or B of this Coverage Part, our obligations are limited as follows: ... a. Primary Insurance This insurance is primary except when b. below applies. If this insurance is primary, our obliga- tions are not affected unless any of the other insurance is also primary. Then, we will share with all that other insurance by the method de- scribed in c. below. b. Excess Insurance This insurance is excess over: (1) Any of the other insurance, whether pri- mary, excess, contingent or on any other basis: (a) That is Fire, Extended Coverage, Builder's Risk, Installation Risk or similar coverage for "your work"; (b) That is Fire insurance for premises rented to you or temporarily occupied by you with permission of the owner; (c) That is insurance purchased by you to cover your liability as a tenant for "prop- erty damage" to premises rented to you or temporarily occupied by you with permission of the owner; or (d) If the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to the extent not subject to Exclusion g. of Section I - Coverage A - Bodily Injury And Property Damage Liability. (2) Any other primary insurance available to you covering liability for damages arising out of the premises or operations for which you have been added as an additional in- sured by attachment of an endorsement. @ ISO Properties, Inc., 2000 o Page 11 of 16