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HomeMy WebLinkAboutKNOWLWOOD ENTERPRISES INC. -2010City of Santa Ar Nh Clerk of the Councii AGREEMENT TERMINATION FORM ..... .. ............ .. .. .. .. .. . . .. . ........ .. COTC Office Use Only 2020- PH 37 Please complete this form when the attached agreement and all CITY' OF amendments (if any) are no longer in effect. CL RK SF �" TA ANA EIOCOUNCIL Return form to the Clerk of the Council Office (M-30). Call 6474 if you have any questions. The agreement with KYK Y-rA No. PT-2010—Z3q _ was completed on and final payment has been made. (List all amendments. Use space below if needed.) Department: P Phone/Ext.: a\CN_ Signature: Date: Revised 04-12-10 INSURANCE Nu ON E ," K MAC , `RWEE ii" 1 CLERK : ° I)A'_E; FEB 1 0 2011 CONCESSION AGREEMENT A-2010-239 t? ?o t 1 THIS AGREEMENT, made and entered into this X_ day of M-6 by Knowlwood Enterprises, Inc, a California Corporation (hereinafter "Con ssionair "), 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 Concessionaire having special skill and knowledge in the field of foods service concessions comparable with "high-level" industry practice. B. Concessionaire represents that Concessionaire is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Concessionaire represents that it is knowledgeable in its field and that any services performed by Concessionaire under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional "high-level" food service operator 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 Concessionaire shall perform those services as set forth in the Scope of Services (Exhibit "A") as well as Concessionaire's proposal on file with the City. In the event of a conflict between the terms of this Agreement and any Exhibits or Attachments hereto, the terms of this Agreement shall prevail. 2. COMPENSATION In consideration for the concession rights granted by this Agreement, Concessionaire agrees to pay the City a monthly concession fee of $2,800 per month, in advance. The payment is due on the I st of each month. For the initial month only, services for a partial month shall be prorated on a daily basis. A 3% late fee will be added if payment is not received by the 10th of the month. 3. TERM This Agreement shall commence on the date first written above and terminate on the last day of the month three (3) years following the date set forth for the above, unless terminated earlier in accordance with Section 11, below. At the sole discretion of the City Council, the term may be extended an additional 2 two-year terms. Six months prior to the end of any term, City will provide written notice of its intent regarding its option to extend the term. 4. INDEPENDENT CONTRACTOR Concessionaire 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 Concessionaire performs the services which are the subject matter of this Agreement; however, the services to be provided by Concessionaire shall be provided in a manner consistent with all applicable standards and regulations governing such services. Concessionaire shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to its employees and shall be responsible for all applicable withholding taxes. 5. INSURANCE Prior to undertaking performance of work under this Agreement, Concessionaire shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Concessionaire shall maintain commercial general liability insurance naming the City, its officers, agents, volunteers, and employees as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Concessionaire'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. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary with respect to insurance or self-insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. Said endorsement shall be approved in form by the City Attorney. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non-owned automobiles. c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Concessionaire 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, Concessionaire 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 Concessionaire pursuant to this section: (i) Concessionaire shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. 2 (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 Concessionaire 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. 6. INDEMNIFICATION AND HOLD HARMLESS Concessionaire agrees to indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, lost profits, restitution, judicial or equitable relief or any other type of damage whatsoever arising out of claims for the same, which may arise from the direct or indirect actions of the Concessionaire or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates in any way to the services provided by Concessionaire under this Agreement; and (2) from any claim that personal injury, damages, just compensation, lost profits, restitution, or judicial or equitable relief or any other type of damage whatsoever is due by reason of the terns of or effects arising from this Agreement or of the Concessionaire's actions hereunder. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, lost profits or any other judicial or equitable relief or damages 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 Concessionaire 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, relative to any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, lost profits, or judicial or equitable relief or any other type of damage whatsoever has arisen by reason of the terms of, or effects arising from this Agreement or Concessionaire's actions hereunder. City may make all reasonable decisions with respect to its representation in any legal proceeding. 7. CONFLICT OF INTEREST CLAUSE Concessionaire 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. 8. 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 copy to: Executive Director of Parks, Recreation and Community Services City of Santa Ana P.O. Box 1988 Santa Ana, California 92702 To Concessionaire: Knowlwood Enterprises, Inc. 17654 Newhope Street, Suite H Fountain Valley, CA 92708 Fax: 714-729-9214 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. 9. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive agreement between the City and Concessionaire, 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 Concessionaire. 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 Concessionaire 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. 10. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Concessionaire, Concessionaire 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 4 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 Concessionaires retained by City. 11. TERMINATION AND DAMAGES This Agreement may be terminated by the City upon thirty (30) days written notice of termination and by the Concessionaire upon thirty (30) days written notice. In the event of termination by the City, City shall be entitled to receive compensation for all activities by Concessionaire prior to receipt of such notice of termination. The City shall give the Concessionaire ten (10) days written notice of any deficiency before it may exercise its right of termination if the reason is for breach by the Concessionaire. 12. DISCRIMINATION Concessionaire 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 recruitment, selection, training, utilization, promotion, termination or any other employment related activity. Concessionaire affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 13. 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 by the parties hereto or arises out of, or in connection with or by reason of this Agreement. 15. LICENSES & PERMITS Concessionaire 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. These shall include but not be limited to the following: a California State Board of Equalization Seller's Permit; City of Santa Ana Business Tax Receipt; Certified Food Handler Permit; and County of Orange Heath Department Permit. Concessionaire shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said failure shall be cause for termination of this Agreement by the City in accordance with Section 11, above. 16. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 5 b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: MARIA D. HUIZAR Clerk of the Council CITY OF SANTA ANA: DAVID N. REAM City Manager APPROVED AS TO FORM: Laura Sheedy Assistant City Attorney RECOMMENDED FOR APPROVAL: GERARDO MOUET Executive Director of the Parks Recreation and Community CONCESSIONAIRE: -\W M? Thanh D. Nguyen, Ph.D. President and CEO Tax ID # 4 5 - P41 q 510 6 EXHIBIT "A" I. SCOPE A. PROJECT DESCRIPTION This specification outlines the service expectations for the food concessionaire that operates the Santa Ana Zoo at Prentice Park concession building. The concession building totals 2,488 sq. ft. of which 704 sq. Ft. is provided for food preparation and sales. Friends of Santa Ana Zoo (FOSAZ) operates the gift shop and has exclusive rights for the gift shop and souvenir items; however, the food service concessionaire may sell souvenir drink cups and other items approved by the Zoo Manager. The Zoo concession facility is a full service food operation that is capable of providing a variety of hot and cold meals, beverages, and snack food items. It is equipped with a large grill. The successful vendor will be responsible for providing a deep fat fryer, ice machine, refrigerator and freezer, soft drink dispensers, Icee machines, ice cream freezer, microwave, coffee maker, popcorn machine, or churro warmer and any other equipment needed. The Zoo has a large private picnic area and 150-seat amphitheater that is available to the City and FOSAZ for special events. The City and/or FOSAZ reserve the right to hire another caterer for special events at the Zoo. Private parties are under no obligation to use the Zoo concessionaire. Concessionaire may be given the opportunity to bid on food service for those events and will be given a 10-day notice of such events. Annual attendance at the Zoo ranges from 250,000 to 275,000 with the busiest months being March through August. The Zoo is open every day of the year except Christmas Day and New Year's Day. The Zoo is open to the public from 10:00 a.m. to 5:00 p.m. daily except for Saturdays and Sundays from Memorial Day through Labor Day when hours are 10:00 a.m. to 6:00 p.m. B. SATELLITE CARTS Satellite food/beverage stations are possible at the following locations: 1. Carrousel plaza - between the carrousel line and the train rides. 2. Elephant ring - food stand and carts next to the elephant ride. Any other satellite stations will have to be pre-approved by the Zoo Manager. C. OBJECTIVES 1.Provide excellent food service at reasonable prices. 2.Conduct a clean and efficient operation. 3.The food concession operation should be consistent with and enhance the Zoo image. 4.The operating hours shall be consistent with those of the Zoo. Any exceptions to these hours must be approved by Zoo Manager. 5.Upon Zoo Manager's approval the concessionaire may also sell beyond Zoo hours to patrons through outside service window. 7 D. CITY RESPONSIBILITIES 1. City will maintain the exterior of the structure and landscaping except for trash and debris around eating area tables and chairs. 2. City will provide paid utilities including water, trash, electricity, and gas. 3. City will communicate with the concessionaire regarding events organized by the Zoo or Friends of Santa Ana Zoo. 4. City will provide staff contact as liaison for communication and problem resolution. 5. City reserves the right for independent audit of concession operations. E. CONCESSIONAIRE RESPONSIBILITIES 1. Provide food service to Zoo visitors that meet standards of quality and service as mutually agreed by concessionaire and Zoo Manager. Fast food menu is acceptable providing there are varieties of "healthier" menu alternatives. 2. The Zoo Manager must approve all menu items, pricing and marketing material. Some food items may be restricted due to possible problems related to excessive litter or potential animal health issues. 3. Provide on-site manager who has current food service handler's certification from the Orange County Health Department. 4. Meet sanitation and food preparation standards as established by the Orange County Health Department. 5. Have and maintain Santa Ana City business license. 6. Secure an ABC License for the sale of beer and wine and maintain requirements for same. Sale of beer and wine will only be allowed at events approved by the Executive Director of Parks, Recreation & Community Services. 7. Concessionaire is responsible for hiring and compensating employees, including all applicable payroll taxes and deductions. Concession employees are not considered City employees. 8. Provide adequate staff to meet visitor demands, which vary with season and day. 9. Maintain a regular schedule of cleaning and sanitation of interior of food service facility and equipment, and proper recycling of deep fat fryer cooking oil. The concessionaire is responsible for repairs to interior of food service area subject to City approval. The concessionaire is also responsible for any repairs to any equipment and facilities damaged due to concessionaire's negligence. 8 10. Tenant improvements and move in to be done by concessionaire in conjunction with the OC Health approval. 11. Continually maintain front of concession stand clean which includes cleaning tables and chairs, picking up all trash and empting trash cans. In addition, all trash cans must be emptied at the end of each business day. Trash from inside the facility may be enclosed in proper containers behind the facility in the service area but must be removed to the Zoo's dumpsters on a daily basis before closing. No plastic bags of trash or cardboard boxes are to be stacked in the service area. This is necessary for vermin control. 12. Provide such equipment as necessary for food service operation that is not part of the permanent fixtures of the facility. 13. Provide supplies for food preparation, cleaning and sanitation, and trash containment. 14.Provide theme based marketing such as graphics, menus, and operational materials. F. CONCESSION FEE In consideration for the rights obtained hereunder, Concessionaire shall pay $2,800 per month, payable on the first day of each month for the following month. For example: rent for October is due on October 1 st. A 3% late fee will be added if payment is not received by the 10th of the month. G. SPECIAL CONSIDERATIONS AT A ZOO FACILITY Because of special requirements and considerations for Zoo animal safety, special restrictions may be necessary as far as items sold, food packaging, location of portable carts, etc. The Zoo Manager must approve all menu items, packaging and cart locations (or changes to above). H. VISITOR SERVICES Customer satisfaction and visitor service is of utmost importance. It is mandatory that our food concessions be run in an efficient, courteous manner by staff that is clean and neatly dressed, presenting a positive image for the Zoo. Food concession staff will be expected to wear a Zoo specific `uniform" approved by Zoo Manager. I. TENANT IMPROVEMENTS Concessionaire shall provide detailed plans of all tenant improvements to be completed and submitted to City by 90 days after the commencement of the agreement. All non-structural tenant improvements shall be completed by six months after the commencement of the agreement. All structural tenant improvements shall be completed by one year after commencement of the agreement. Concessionaire shall work with City on a more detailed timeline once details of tenant improvements are available. 9 .-.y??.T-.. nCRTICInATC ?1C' 1 IA?11 ITV 1?ICI IAA?!/'?C .,%C-"PC" VGR 1 II-EVJI"t? 1 G VI- I?EJl1?IL/ 1 1 11\?7VR/'11\VG DATE(MWDONYYn 164? 02/03/2011 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION RIGHT INSURANCE MARKETING ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 12600 BROOKHURST STREET #200 p ,4 ' }?: 7018 TER THE COVERAGE AFFORDED BY THE POLICIES BELOW. L GARDEN GROVE, CA 92840 714-636-6491 INSURERS AFFORDING COVERAGE NAIL S INSURED „ 1 RER A: ALLIED P&C INSURANCE COMPANY NDT, INC.& KNO LWOOD l' (E ...?N{'. „ ZRER 8: DBA: NDT, INC INSURER C: 17654 NEWHOPE STREET SUITE H , INSURER D: FOUNTAIN VALLEY, CA 92708 INSURER E: COVERAGES 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR "im TYPE OF INSURANCE POLICY NUMBER D LIMITS GENERALLIAtBUTY EACH OCCURRENCE S 2,000,000 COMMERCIAL GENERAL LIABILITY PREMISES Ea oNocurence S 300,000 A CLAIMS MADE R1 OCCUR MED EXP (Any one person) $ 5,000 ACP 7842162960 04/01/2010 04/01/2011 PERSONAL & ADV INJURY S 2,000,000 GENERAL AGGREGATE S 4,000,000 EWL AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,000 ?/ POLICY PROJECT LOC AUTOMOBILE INBA ITY COMBINED SINGLE LIMIT $ 1,000,000 ANY AUTO (Ea accident) ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per Person) A HIRED AUTOS ACP 7842162960 04/01/2010 04/0112011 BODILY INJURY $ NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE S (Per accident) GARAGE LIABILITY I'' ? ?_? ? R` ? ? P ; L, "'o AUTO ONLY • EA ACCIDENT S ANY AUTO + r P _ _ OTHER THAN EA ACC $ AUTO ONLY: AGG S EXCESSAIMBRELLA LIABUM P-1 1?L _ --- EACH OCCURRENCE $ OCCUR CLAIMS MADE - ? tit) S. AGGREGATE $ !?\J1, 1LiL n.t C/1LV X411 r1('j:'.'- Ji DEDUCTIBLE s RETENTION $ S WORKERS COMPENSATION AND EMPLOYERS' LIABLITY TORY LIMITS ER ANY PROPRfETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT S 1,000,000 B EEXCLUDED? FIICE B OFF WCMSTR 0528233 02/01/2011 02/01/2012 EL DI 000 1 000 O e descnbe SEASE-FA EWLOYEE + . S SPECIAL PROVISIONS below 1 E. L. DISEASE - POLICY LIMI .000.000 S OTHER Deductible: $2,500 A Building ACP 7842162960 04/012010 04/01/2011 Not CoV-100% Co-Ins. Rep Cost. Contents ACP 7842162960 04/012010 04/012011 $1,132,600-100% Co-Ins. Rep Cost. INSUREDS BUSINESS: RESTAURANT CERTIFICATE HOLDER: CITY REQUIREMENT BUSINESS MAIN LOCATED: 1801 EAST CHESTNUT AVE, SANTA ANA, CA 92701 *10 DAY CANCELLATION FOR NON-PAYMENT OF PREMIUM CERTIFICATE HOLDER IS ADDITIONAL INSURED CITY OF SANTA ANA 20 CIVIC CENTER PLAZA SANTA ANA, CA 92701 ACORD BIPOSE NO OBLIGATION OR LIA W47Y OF ANY HMO UPON_IE INSURER, ITS AGENTS OR SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAR '30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL AUTHORQED 0 ACORD CORPORATION 1988 A - CCU -c;? T-5`1) AGENT ADDRESS: GARDEN GROVE CA 92842 001 POLICY PERIOD: FROM 04-01-10 TO 0401-11 12:01 A.M. Standard Time EFFECTIVE DATE OF CHANGE: 02-08-11 12:01 A.M. Standard Time NOT A STATEMENT - YOUR BILLING WILL FOLLOW TOTAL PREMIL ************************** LOCATION / BUILDING ***************** NO. 023000 LOC/BLDG DESCRIBED PREMISES 09 01 1801 E CHESTNUT AVE SANTA ANA CA RESTAURANT CHANGED DESCRIPTION FROM : RESTURANT TO : RESTAURANT ************************** ADDITIONAL INSURED ****************** NO. 024000 THE CITY OF SANTA ANA AND THEIR RESPECTIVE OFFICERS, CHANGED OLD ADDRESS FROM : EMPLOYEES, AGENTS, VOLUNTEERS AND REPRESENTATIVES TO : SEE BLANK ENDORSEMENT PB2500 ****************************** ENDORSEMENT ******************************** ADDED ENDORSEMENT FORM FORM PB2500 EDITION DATE 0101 A COPY OF THIS FORM IS ATTACHED AGENT NAME: RIGHT INSURANCE MARKETING 84 51215 NO CHARGE $ .00 Allied Insurance AMCO INSURANCE COMPANY ALLIED SERIES a Nationwide' company On Your Side* CHANGE OF DECLARATIONS ENDORSEMENT - PLEASE READ CAREFULLY. POLICY NUMBER ACP BPF 7842162960 PREMIER BUSINESSOWNERS POLICY NAMED INSURED: NDT, INC. AND KNOWLWOOD ENTERPRISES, INC. - DBA KNOWLWOOD MAILING ADDRESS: 17654 NEWHOPE ST STE H FOUNTAIN VALLEY, CA 92708-4294 A O_ b PREMIUM $ .00 $ .00 DIRECT BILL L87M 11041 AGENT COPY 957519450 78 07784 EFFECTIVE DATE: 12:01 AM Standard Time, (at your principal place of business) BUSINESSOWNERS PB 25 00 (01-01) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. POLICY NUMBER: ACP BPF 78-42162960 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT OF OTHER INSURANCE CONDITION: PRIMARY INSURANCE FOR NAMED INSURED PRIMARY INSURANCE FOR NAMED INSURED IN THE PREMIER BUSINESSOWNERS COMMON POLICY CONDITIONS, UNDER CONDITION H. OTHER INSURANCE, THE FOLLOWING IS ADDED: WITH RESPECT ONLY TO THE PERSONS OR ORGANIZATIONS SHOWN IN THE SCHEDULE OF THIS ENDORSEMENT, WHO HAVE BEEN ADDED BY SEPARATE ENDORSEMENT AS ADDITIONAL INSUREDS, THE INSURANCE AFFORDED TO YOU NDT INC AND KNOWLWOOD ENTERPRISES INC DBA KNOWLWOOD BY THIS POLICY SHALL BE PRIMARY INSURANCE WITH RESPECT TO ANY CLAIM OR SUIT AGAINST YOU ARISING OUT OF YOUR ONGOING OPERATION PERFORMED FOR SUCH PERSONS OR ORGANIZATIONS. WITH RESPECT TO SUCH PERSONS' OR ORGANIZATIONS' LIABILITY ARISING SOLELY OUT OF YOUR ONGOING OPERATIONS PERFORMED FOR THEM, ANY OTHER INSURANCE MAINTAINED BY SUCH PERSONS OR ORGANIZATIONS WITH RESPECT TO SUCH LIABILITY SHALL BE NON-CONTRIBUTING WITH YOUR INSURANCE UNDER THIS POLICY. SCHEDULE OF PERSONS OR ORGANIZATIONS: THE CITY OF SANTA ANA AND THEIR RESPECTIVE OFFICERS, EMPLOYEES, AGENTS, VOLUNTEERS AND REPRESENTATIVES 20 CIVIC CENTER PLAZA SANTA ANA CA 92701-4058 All terms and conditions of this policy apply unless modified by this endorsement. PB 25 00 (01-01) ACP BPF 7842162960 AGENT COPY 78 07785 Allied Insurance AMCO INSURANCE COMPANY a Nationwide' company On Your Side' ALLIED SERIES CHANGE OF DECLARATIONS ENDORSEMENT -PLEASE READ CAREFULLY. POLICY NUMBER ACP BPF 7842162960 PREMIER BUSINESSOWNERS POLICY NAMED INSURED: NDT, INC. AND KNOWLWOOD ENTERPRISES, INC. - DBA KNOWLWOOD MAILING ADDRESS: 17654 NEWHOPE ST STE H FOUNTAIN VALLEY, CA 92708-4294 AGENT NAME: RIGHT INSURANCE MARKETING 84 51215 NO CHARGE $ .00 AGENT ADDRESS: GARDEN GROVE CA 92842 001 POLICY PERIOD: FROM 0401-10 TO 04-01-11 12:01 A.M. Standard Time EFFECTIVE DATE OF CHANGE: 02-08-11 12:01 A.M. Standard Time NOT A STATEMENT - YOUR BILLING WILL FOLLOW TOTAL PREMIUM . 00 PREMIUM ************************** LOCATION / BUILDING ***************** NO. 023000 $ .00 LOC/BLDG DESCRIBED PREMISES 09 01 1801 E CHESTNUT AVE SANTA ANA CA RESTAURANT CHANGED DESCRIPTION FROM : RESTURANT TO : RESTAURANT ************************** ADDITIONAL INSURED ****************** NO. 024000 1$ .00 THE CITY OF SANTA ANA AND THEIR RESPECTIVE OFFICERS, CHANGED OLD ADDRESS FROM : EMPLOYEES, AGENTS, VOLUNTEERS AND REPRESENTATIVES TO : SEE BLANK ENDORSEMENT PB2500 ****************************** ENDORSEMENT ******************************** ADDED ENDORSEMENT FORM FORM PB2500 EDITION DATE 0101 A COPY OF THIS FORM IS ATTACHED W A O_ O DIRECT BILL L87M 11041 AGENT COPY 957519450 78 07784 EFFECTIVE DATE: 12:01 AM Standard Time, (at your principal place of business) BUSINESSOWNERS PB 25 00 (01-01) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. POLICY NUMBER: ACP BPF 78-42162960 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT OF OTHER INSURANCE CONDITION: PRIMARY INSURANCE FOR NAMED INSURED PRIMARY INSURANCE FOR NAMED INSURED IN THE PREMIER BUSINESSOWNERS COMMON POLICY CONDITIONS, UNDER CONDITION H. OTHER INSURANCE, THE FOLLOWING IS ADDED: WITH RESPECT ONLY TO THE PERSONS OR ORGANIZATIONS SHOWN IN THE SCHEDULE OF THIS ENDORSEMENT, WHO HAVE BEEN ADDED BY SEPARATE ENDORSEMENT AS ADDITIONAL INSUREDS, THE INSURANCE AFFORDED TO YOU NDT INC AND KNOWLWOOD ENTERPRISES INC DBA KNOWLWOOD BY THIS POLICY SHALL BE PRIMARY INSURANCE WITH RESPECT TO ANY CLAIM OR SUIT AGAINST YOU ARISING OUT OF YOUR ONGOING OPERATION PERFORMED FOR SUCH PERSONS OR ORGANIZATIONS. WITH RESPECT TO SUCH PERSONS' OR ORGANIZATIONS' LIABILITY ARISING SOLELY OUT OF YOUR ONGOING OPERATIONS PERFORMED FOR THEM, ANY OTHER INSURANCE MAINTAINED BY SUCH PERSONS OR ORGANIZATIONS WITH RESPECT TO SUCH LIABILITY SHALL BE NON-CONTRIBUTING WITH YOUR INSURANCE UNDER THIS POLICY. SCHEDULE OF PERSONS OR ORGANIZATIONS: THE CITY OF SANTA ANA AND THEIR RESPECTIVE OFFICERS, EMPLOYEES, AGENTS, VOLUNTEERS AND REPRESENTATIVES 20 CIVIC CENTER PLAZA SANTA ANA CA 92701-4058 All terms and conditions of this policy apply unless modified by this endorsement. PB 25 00 (01-01) ACP BPF 7842162960 AGENT COPY 78 07785