HomeMy WebLinkAboutLINARES, MIKE (MIKE LINARES, INC.) 15 -2011?NSUiPANCE ON FILL WC required if consultant has N-2011-129
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UNTIL INSURANCE EXPIRES
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CLERK OF COUNCIL CONSULTANT AGREEMENT
DATE= OCT 2 5 2011 INCORPORATING COMMUNITY DEVELOPMENT
O . COL??,2? BLOCK GRANT REQUIREMENTS
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THIS AGREEMENT, made and entered into this 1 s` day of July, 201 1 by and between
Mike Linares, Inc., a California 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 ("City").
RECITALS
A. The City desires to retain a consultant having special skill and knowledge in the field of
technical consulting services for federal grant programs.
B. The City, as an entitlement recipient and grantee of the United States Department of
Housing and Urban Development ("HUD") Community Development Block Grant
("CDBG") Program, desires to enter this Agreement with the Consultant for the
expenditure of CDBG funds in accordance with Title 24, Part 570 of Code of Federal
Regulations 24 CFR 570.000, et seq. ("CDBG Reg's"); and
C. Consultant represents that Consultant is not listed as debarred, is able and willing to
provide such services to the City, and will comply with the CDBG Reg's.
D. 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
Pursuant to this Agreement, Mike Linares, Inc. will work on an hourly basis as needed and
as requested by the Executive Director of the Community Development Agency. The scope of
work may include, but will not be limited to, design of programs fiuided by federal grants,
preparation of periodic reports, responding to staff questions on compliance with HUD regulations,
and utilization of HUD's electronic system for committing and disbursing grant fiords.
2. COMPENSATION
a. City agrees to pay, and Consultant agrees to accept as total payment for its services,
Ninety ($90.00) Dollars per hour, as well as reimburseables at cost, plus 1 O% as needed, subject
to prior approval of the Executive Director.
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b. The total sum to be expended under this Agreement shall not exceed Twenty Five
Thousand Dollars ($25,000.00) during the term of this Agreement.
c. 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 June 30,
2012, unless terminated earlier in accordance with Section 9, below. The term of this Agreement
may be extended upon a writing executed by the Deputy City Manager for Development
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 anemployer-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, agents, volunteers, and employees 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 A upon execution of this Agreement and shall
be approved in form by the City Attorney.
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b. Business automobile liability insurance, or equivalent form, with a combined single
limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for
owned, hired and non-owned automobiles.
c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300
of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against
liability for worker's compensation or to undertake self-insurance. Prior to commencing the
performance of the work under this Agreement, Consultant agrees to obtain and maintain any
employer's liability insurance with limits not less than $1,000,000 per accident.
d. If Consultant is or employs a licensed professional such as an architect or engineer:
Professional liability (errors and omissions) insurance, with a combined single limit of not less
than $1,000,000 per claim.
e. The following requirements apply to the insurance to be provided by Consultant
pursuant to this section:
(i) Consultant shall maintain all insurance required above in full force and
effect for the entire period covered by this Agreement.
(ii) Certificates of insurance shall be furnished to the City upon execution of
this Agreement and shall be approved in form by the City Attorney.
(iii) Certificates and policies shall state that the policies shall not be cancelled
or reduced in coverage or changed in any other material aspect without
thirty (30) days prior written notice to the City.
f. If Consultant fails or refuses to produce or maintain the insurance required by this
section or fails or refuses to furnish the City with required proof that insurance has been procured
and is in force and paid for, the City shall have the right, at the City's election, to forthwith
terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its
time and materials expended prior to 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: (1) for personal
injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims
for personal injury, including health, and claims for property damage, which may 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 ofthis Agreement; and (2) from any claim that personal injury, damages, just
compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects
arising from this Agreement. This indemnity and hold harmless agreement applies to all claims
for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to
have been suffered, by reason of the events referred to in this Section or by reason of the terms
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of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold
harmless, and pay all costs for the defense of the City, including fees and costs for special
counsel to be selected by the City, regarding any action by a third party 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. CONSULTANT'S OBLIGATIONS
A. No Conflict. To the best of Consultant's knowledge, Consultant's execution, delivery
and performance of its obligations under this Agreement will not constitute a default or a breach
under any contract, agreement or order to which Consultant is a party or by which it is bound.
B. No Bankruptcy. Consultant is not the subject of any current or threatened bankruptcy
proceeding.
C. No Pending Legal Proceedings/Debarment. Consultant is not the subject of a
current or threatened litigation that would or may materially affect Consultant's performance
under this Agreement. Consultant further acknowledges that it is not on the list of debarred
contractors.
D. No Pending Investigation. Consultant is not aware that it is the subject of any
current or threatened criminal or civil action investigation by any public agency, including
without limitation a police agency or prosecuting authority, that would relate to affect
performance of the Agreement or provision of services hereunder.
E. Licensing. Consultant agrees to obtain and maintain all required licenses, registrations,
accreditation and inspections from all agencies governing its operations. Consultant shall ensure
that its staff shall also obtain and maintain all required licenses, registrations, accreditation and
inspections from all agencies governing Consultant's operations hereunder.
F. Audit Report Requirements. Consultant agrees that if Consultant receives Five
Hundred Thousand Dollars ($500,000.00) or more in federal funds, Consultant shall have an annual
audit conducted by a certified public accountant in accordance with the standards as set forth and
published by the United States Office of Management and Budget. Consultant shall provide City
with a copy of said audit by October 1 of the year following the program year in which this
Agreement is executed, if applicable.
G. Record Keeping/Reporting. Consultant shall keep and maintain complete and
adequate records and reports to assist City in meeting and maintaining its record keeping
responsibilities under Title 24, Part 570 of Code of Federal Regulations 24 CFR 570.000, et seq.
H. Access to Records. City and the United State Government and/or their representatives
shall have access for purposes of monitoring, auditing, and examining Consultant's activities and
performance, to books, documents and papers, and the right to examine records of Consultant's
subcontractors, bookkeepers and accountants, employees and participants in regard to said program.
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City and the United States Government and/or their representatives shall also schedule on-site
monitoring at their discretion. Monitoring activities may also include, but are not limited to,
questioning employees and participants in said program and entering any premises or any site in
which any of the services or activities funded hereunder are conducted or in which any of the records
of Consultant are kept. Nothing herein shall be construed to require access to any privileged or
confidential information as set forth in federal or state law.
I. Location of Records/Required Length of Record Keeping. All accounting records,
reports, and evidence pertaining to all costs, expenses and the funds received by Consultant and
all documents related to this Agreement shall be maintained and kept available at Consultant's
office or place of business for the duration of the Agreement and thereafter for five (5) years
after completion of an audit in conformity with the CDBG Reg's. Records which relate to (a)
complaints, claims, administrative proceedings or litigation arising out of the performance of this
Agreement, or (b) costs and expenses of this Agreement to which City or any other governmental
agency takes exception, shall be retained beyond the four (4) years until complete resolution or
disposition of such appeals, litigation claims, or exceptions. In the event Consultant does not
make the above-referenced documents available within the city of Santa Ana, California, Consultant
agrees to pay all necessary and reasonable expenses incurred by City in conducting any audit at the
location where said records and books of account aze maintained.
J. Confidentiality. Without prejudice to any other provisions of this Agreement, Consultant
shall, where applicable, maintain the confidential nature of information provided to it concerning
participants in accordance with the requirements of federal and state law. However, Consultant
shall submit to City and or HUD or its representatives, all records requested, including audit,
examinations, monitoring and verifications of reports submitted by Consultant, costs incurred and
services rendered hereunder.
K. Lobbying. Consultant certifies that it will comply with federal law (31 U.S.C. 1352)
and regulations found at 24 CFR Pazt 87, which provide that no appropriated funds may be
expended by the recipient of a federal contract, grant, loan or cooperative agreement to pay any
person for influencing or attempting to influence an officer or employee of any agency, Member of
Congress, or an officer or employee of a Member of Congress in connection with awarding of any
federal contract, the making of any federal grant or loan, entering into any cooperative agreement
and the extension, renewal, amendment or modification of any federal contract, grant, loan or
cooperative agreement. Consultant shall sign a certification to that effect in a form as set forth in
Exhibit B attached hereto and by this reference incorporated herein. Consultant shall submit said
signed certification to City prior to performing any of its obligations under this Agreement and prior
to any obligation arising on the part of City to pay any sums to Consultant under the terms and
conditions of this Agreement.
If any fluids other than Federal appropriated funds have been paid or will be paid to
any person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the
undersigned shall complete and submit a "Disclosure Form to Report Lobbying," in accordance
with its instructions.
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L. Financial Interest. Consultant agrees that except for the use of funds to pay salaries
and other related administrative or personnel costs, no persons who exercise or have exercised
any function with respect to activities assisted under the terms of this Agreement, or who are in a
position to participate in a decision-making process or gain inside information with regard to
such activities, may obtain a financial interest or benefit from a City-assisted activity of
Consultant, either for themselves or those with whom they have family or business ties, during
their tenure or for one year thereafter. This prohibition applies to any person who is an
employee, agent, consultant, officer, or elected or appointed official of City, or of
any designated public agencies, or the Consultant.
M. Drug Free Workplace. Consultant certifies that it has established the following drug-
free workplace policy:
1. The unlawful manufacture, distribution, dispensing, possession or use of a
controlled substance is prohibited in the workplace for any employee involved in a federally funded
program.
2. As an employee working in conjunction with a federally funded program, the
employees of Consultant will be required to:
a) Abide by the terms above in statement 1.
b) Notify appropriate officials of Consultant and City officials of any
criminal drug statute conviction for a violation occurring in the workplace not later
than five days after such conviction.
3. The City and the United State Department of Housing and Urban
Development will be notified within ten days after receiving notice of any such violation.
4. Within 30 days of receiving such notice, appropriate personnel action will be
taken against such employee, up to and including termination.
Each such employee shall be required to participate satisfactorily in a drug abuse
assistance or rehabilitation program approved for such purposes by a federal, state or local health,
law enforcement, or other appropriate agency.
N. Nondiscrimination. Consultant agrees that no person on the ground of race, age,
color, national origin, religion or sex will be excluded from participation in, be denied the
benefits of, or be subjected to discrimination under any program or activity funded in whole or in
part with funds received pursuant to this Agreement. Consultant affirms that it is an equal
opportunity employer and shall comply with all applicable federal, state and local laws and
regulations.
O. Conflict of Interest. Consultant agrees that no officer, employee, agent or
assignee of City who was involved in the sale of said property, either directly or indirectly, shall
serve as an officer of Consultant. Further, any conflict or potential conflict of interest of any officer
of Consultant shall be fully disclosed in writing prior to the execution of this Agreement and said
writing shall be attached and deemed fully incorporated as a part hereof. Notice shall be sent by
Consultant to City regarding any changes or modifications to its board of directors and list of
officers.
P. Prohibition of Nepotism. Consultant agrees not to hire or permit the hiring of
any person to fill a position fiuzded through this Agreement if a member of that person's immediate
family is employed in an administrative capacity by Consultant. For the purposes of this section,
the term "immediate family" means spouse, child, mother, father, brother, sister, brother-in-law,
sister-in-law, father-in-law, mother-in-law, son-in-law, daughter-in-law, aunt, uncle, niece, nephew,
stepparent and stepchild. The term "administrative capacity" means having selection, hiring,
supervisor or management responsibilities.
8. ASSIGNABILITY
None of the duties of, or work to be performed by, Consultant under this Agreement shall be
subcontracted or assigned to any agency, consultant, or person without the prior written consent of
City. Consultant must submit all subcontracts and other agreements that relate to this Agreement to
City. No subcontract or assignment shall terminate or alter the legal obligations of Consultant
pursuant to this Agreement.
9. TERMINATION
A. This Agreement may be terminated on thirty (30) days' written notice by either
party. In the event of such termination, Consultant shall only be entitled to reimbursement for
approved expenses incurred to the effective date of termination.
B. This Agreement may be suspended or terminated by City upon five (5) days' written
notice for violation by Consultant of Federal Laws governing the use of Community Development
Block Grant Funds. In the event of such suspension or termination, Consultant shall only be
entitled to reimbursement for approved expenses incurred up to the effective date of suspension or
termination.
C. Pursuant to 24 CFR 85.43, in the event Consultant defaults by failing to fulfill all or
any of its obligations hereunder, City may declare a default and termination of this Agreement by
written notice to Consultant, which default and termination shall be effective on a date stated in the
notice which is to be not less than ten (10) days after certified mailing or personal service of such
notice, unless such default is cured before the effective date of termination stated in such notice_ If
terminated for cause, City shall be relieved of further liability or responsibility under this
Agreement, or as a result of the termination thereof, including the payment of money, except for
payment for approved expenses incurred for services satisfactorily and timely performed prior to the
mailing or service of the notice of termination, and except for reimbursement of (1) any payments
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made for services not subsequently performed in a timely and satisfactory manner, and (2) costs
incurred by City in obtaining substitute performance.
D. The grant of fluids under this Agreement may be terminated for convenience in
accordance with 24 CFR 85.44.
10. VENUE/JURISDICTION
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.
11. VALIDITY
The invalidity in whole or in part of any provision of this Agreement shall not void or affect
the validity of any other provision of this Agreement.
12. 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, California 92702-1988
telefacsimile (714) 647-6956
With courtesy copies to:
Community Development Agency
City of Santa Ana
20 Civic Center Plaza (M-25)
P.O. Box 1988
Santa Ana, California 92702-1988
telefacsimile (714) 647-6549
and,
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City Attorney
City of Santa Ana
20 Civic Center Plaza (M-29)
P.O. Box 1988
Santa Ana, California 92702
telefacsimile (714) 647-6515
To Consultant:
Mike Linares, Inc.
P.O. Box 3913
San Clemente, California 92672
Telefacsimile (949) 369-1517
13. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature hereinbelow has the power,
authority and right to bind their respective parties to each of the terms of this Agreement, and shall
indemnify Agency fully, including reasonable costs and attorney's fees, for any injuries or damages
to Agency in the event that such authority or power is not, in fact, held by the signatory or is
withdrawn.
b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set
forth in the body of this Agreement.
c. No delay or omission by either party hereto to exercise any right or power accruing
upon any noncompliance or default by the other party with respect to any of the terms of this
Agreement shall impair any such right or power or be construed to be a waiver thereof. A
waiver by either of the parties hereto of any of the covenants, conditions, or agreements to be
performed by the other shall not be construed to be a waiver of any succeeding breach thereof
or of any other covenant, condition or agreement herein contained.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and
year first above written.
ATTEST:
c/? ??.?--? ? ? /?->, ??-?, ?
MARIA D. HiJIZAR
City Clerk
CITY OF SANTA ANA
_.
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PAUL WALTERS
Interim City Manager
APPROVED AS TO FORM:
JOSEPH W.FLETCHER
City Attorney
Lisa Storck
Assistant City Attorney
RECOMMENDED FOR APPROVAL:
R/1"l cl?CS?.CJ
Nancy T. wards
Interim Ea utive Director
Community Development Agency
CONSULTANT
Mike Linares, Inc.
Byt ??";
Mike Li ares
Owner
Tax ID# 3 ? '- ? 8'??i359
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EXHIBIT A
ADDITIONAL INSURED ENDORSEMENT
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
92702; its officers, employees, agents and volunteers 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
canceled, 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 92702.
(Completion of the following, including countersignature, is required to make this
endorsement effective.)
Effective this endorsement form as a part of
Policy #
Issued to
Named Insured
Countersigned by
Authorized Representative
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'"''??"`?? CERTIFICAT'E OF LIABILITY I?ISURAiVCE DA*EIMI."°DlYYYY'
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THIS CERTIFICATE I6 ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIG)173 UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES MOT AFFIRMA71V t=LY 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 IN3 URERIS),?AUTNORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If fhe t:ertlRcate holder Is an ADDITIONAL INS UR Eb, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, aub)eet to
Ilse ternle and condltiona of the policy, certain pollclas may require en endorsement. A statement on thla certltleate dons not confer rlgllls to the
aertlflcate holder In lieu of such andorsemenl(a . _
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CERTIFICATE MAY BE 163UED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES OESCRIB ED HEREIN IS SUBJECT TO ALL THE TERMS
EXCLUSIONS AND CONDITIONS OF SVCH POLICIES. LIMITS SHOWN A1AY HAVE BEEN REDUCED BY PAID CLAIMS. ,
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DESCRIPTION OF OPERATIONS / LOOATiON9 / VEHIOLfi9 (Anaeh ACORO t01. Add01ena1 µemalKs Sebd"b, 11 marNpaoe I> TrQebodl
10-day notice of cancellation for non•Payment of premium" CertillGate
Holder la netrfed as Additional Insured as It le required par written
contract.
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE E%PIRATION DATE THEREOF, NOTICE WILL 'BE DELIVERED IN
ACC OROANCE WITH THE POLICV PROVISIONS.
City of Santa Ana
Attn: Frank Hernandez
20 CIvIG Center Plaza AV THORIZED REPR89ENTATV6
Santa Ana, CA 92802 ?,??_
O 1968-20D9 AGORD CORPORATION. All rielt la reserved.
ACORD 26 (2008/09) The ACORD name and logo are registered marks of ACORD
?? SB-1gS932-D
(Ed. 07/09)
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BLANKET ADDITIONAL INSURED -LIABILITY EXTENSION
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This endorsement modifies insurance provided under the following:
BUSINESSOWNERS LIABILITY COVERAGE FORM
Coverage afforded under this extension of coverage endorsement does not apply to any person or organlzation covered
as an eddilional insured on any other endorsement now or hereafter attached to this Policy.
1. ADDITIONAL INSURED -BLANKET VENDORS employees or anyone else acting on Its
behalf. However, this exclusion does not
WHO IS AN INSURED ?Is amended to Include a$ en apply lo:
additional Insured any parson or organization (referred
to below as vendor) with whom you agreed, because (1} The exceptions contained in
of a written contract or agreement to provide Subparagraphs d. or f.; or
Insurance, b4t only with respocf to 'bodily injury" or (2) Such ihspecllons, adjustments, tests or
property damage" arising out of "your products" which sarvlcing as the vendor has agreed to
are distributed or sold In (he regular course of the make or normally undertakes to make In
vendor's business, sub)ect to the following additional the ?usiaal course of business, in
exclusions: connection with the dlstribulion or sale of
1. The insurance afforded the ventlor does not apply the products.
tO' 2. This Insurance does not apply to any Insured
a.
b.
c.
d.
o.
g•
"Bodily injury" or "property damage" for which
the vendor Is obligated to pay damages by
reasori? of the assumption of liability in a
contract or agreement. This exclusion does
not apply to liability for damages that the
vendor would have in the absence 'of the
contract or agreement;
Any express warranty unauthorized by you;
Any physical or chemical change In the
product trade Intentionally by the vendor;
Repackaging, except when unpacked solely
for the purpose of Inspection, demonstration.
testing, or the substllution of parts under
Inslrucliona .from the menulecturer, and then
repackaged In the original container:
Any .failure to make such inspections,
adjustments, tests or sarvlcing as the vendor
has agreed to make or normally undertakes to
make In the uauat course of business, in
connection with ilia disfribullon or sale of?lhe
products;
Delnonslratlon, installation, sarvlcing or repair
operations, except such operations performed
at the vendor's premises in connection with
the sale of the product;
Products which, after dlstribulion or sale by
you, have been labeled or relabeled or used
as a container, part or ingredlerit of any other
thing or substance by or for the vendor: or
"Bodily injury" or "property damage" arising
out of the sole negligence of the vendor for ita
own acts or omission or those of its
SB-148932-D
(Ed. 07/09}
parson or organization, from whom you have
acquired such products, or-any ingredient, part or
container, entering Into, accompanying or
containing such products.
3. This prevision 2. does not apply to an?? vendor
irioluded as en insured by an endorsement Issued
by us and made a part of this Policy,
4. This provision 2. does not apply If "bodily Injury" or
"property damage" included within the "products-
compleled operations hazard" Is excluded either
by the provisions of the Policy or by endorsement.
2. MISCELLANEOUS ADDITIONAL INSUREDS
WHO IS AN INSURED Is amended to Include as an
Insured any parson or organlzation (called eddilional
Insured) descr)bed in paragraphs 2.a. through 2,h,
below whom you ere required to add as an additional
Insured on this policy under a written contract or
agreement but the written contract or agreement must
ba:
1. Currently In effect or beco'ming effective during the
term of this pol[cy; end
2. Executed prior to the "bodliy Injury," "property
damage" or "personal and advertising Injury;' but
Only the following perSOns or organizations are
eddilional Insureds under this endorsement and
coverage provided to -such additional insureds is
limited as provided herein:
a. Additional Ihsurod -Your Work
Thal person or organization for?whom you do
work is an eddilional insured solely far liability
due to your negligence specifically ;esulting
Page 1 of 5
?ppRC>V???P°1.1y?.,. rT0 FOR.
LISA k.• ?' ORCK
Assistant City Attorney
??
SB-146932-D
(Ed. 07/09)
from your work for the additional Insured This Insurance does not apply to "bodilI
which fs the subject of the written contract or Injury;' "property damage" or "persona} and
written agreement. No coverage applies Io advertising Injury" arising out of operations
liability resulting Irom the sole negllgence of performed for the state or municipality.
the additional Insured.
c. Controlling Interest
The insurance provided to the additional
Insured Is limited as follows; Any persons or organizations wfm a
controlling Interest In you but only with respect
(1) The Limits of insurance applicable to the to their liability arising out of:
additional Insured are those specified in
the written contract or written agreement (1) Their financial control of you' or
or In the Declarations of this policy, (2) Premises they own, maintain or control
whichever Is less. These Limits of while you lease or occupy these
insurance are inclusive of, and not In premises.
addition to, the Limits of Insurance shown
In the Declarations. This insurance does not apply to structural
(2) The coverage provided to the additional alterations, new eonsiructioh and demolition
operations performed by or for such additional
insured by this endorsement and Insured.
paragraph F.B. of the definition of "insured
contract" under Liability and Medical d. Lessors of Premises
Managers or
Expenses Definitions do not apply to
'
'
' A manager or lessor of
premises but only with
bodily Injury
or
property damage'
" .
respect to liability arising out of [tie ownership
arising out of the
products-completed
" ,
maintenance or use of that specific part of the
operations hazard
unless reglilred by the premises leased to you and subject to the
wrillen contract or written agreement. following additional exclusions:
(3) The insurance provided to the additional
" This Insurance does not apply to:
Insured does not apply to
bodily Injury,"
"property damage," or "personal and (1) Any "occurrence" which lakes place after
advertising injury" arising out of the you cease to be a tenant in that premises;
rendering or fsiilure to render any or
professional services.
(2) Structural alterations, new construction or
b. State or Political Subdivisions demolition operations performed by or on
A stale or political subdivision subject to the behalf of such.additional insured.
following provisions: e- Mortgagee, Assignee or Receiver
(1) This insurance applies only with respect A mortgagee, assignee or receiver but only
to the following hazards for which the with respect to their liability as mortgagee,
state or political subdivision has Issued a assignee, or receiver and arising out of the
permit In connection with premises you ownership, maintenance, or use of a premises
own, rent, or control and to which this by you.
Insurance applies: This Insurance does not apply to structural
(a) The existence, maintenance, repair, alterations, new construction or demolition
construction, erection, or removal of operations performed by or for such additional
advertising signs, awnings, canopies. Insured.
cellar entrances, coal holes,
driveways, manholes, marquees. f. Owners/Other Interests - Land Is Leased
ho[staway openings'; sidewalk vaults, An owner or other Interest from whom land
street banners, or decorations and has been leased by you but only with respect
similar exposures; or to llabllity arising out of the ownership,
(b) The construction
erection
or maintenance or use of that epeci ic.part of the
,
,
removal of elevators; or land leased to you and subject to the following
additional excluslons:
(2) This Insurance applies only with respect This Insurance does not apply to:
- to operations performed by you or on your
behalf for which the stale or political (1) Any "occurrence" which takes place
subdivision has Issued a permit. after you cease to lease that land; or
SB-146932-D
(Ed. 07/09) APPROV Page 2 of 6
p _ AS TO FORM
LISA E. STORCK
Assistant City Attorney
-3
/I-,-
SB-1A6932.D
(Ed. 07/09)
(2) Structural alleratlonS. new Damage To Property, is replaced by the
ronslrucllon or demolition operations following: .
performed by or on behalf of such
additional Insureif- k. Damage To Pro art
P Y
g. Co-owner of insured Prernlses "Property damage" Io:
A co-owner of a premises co-owned by you 1. Property you own, rent or occupy,
and covered under this insurance but only Including any costs or expenses
with respect to the co-owners liability as co- Incurred by you, or any other person,
owner of such premises. organization or entity, for repair,
replacement, enhancement,
h. Lessor of Equipment restoration or maintenance of such
Any person or organization from whom you
property for any reason, Including
lease
Such person or
i
organization prevention of Injury to a person or
damage to another's properi
YC
r
he
are Insureds s only
ere nly with respect t to their liability
arising out of the maintenance, operation or 2. Premises you sell, give away or
use by you of equipment leased to you by abandon, if the "properly damage"
such person or organization. A person's or arises out of any part of those
organlzatlon's status as an Insured under this premises.
endorsement ends when their written contract 3. Property to •
p y you
or agreement with you for such leased ,
equipment ends. 4. Personal property In the care,
With respect to the Insurance afforded these custody or control of the Insured;
additional Insureds, the following additional S. That particular part of any real
exclusions apply: property on which you or any
This Insurance does not apply: contractors or subcontractors working
directly or Indirectly In your behalf are
(1) To any "occurrence" which takes place performing operations, If the "property
after the equipment tease expires; or damage" arises out of those
2) To "bodily Injury," "property damage" or
( operations; or
"personal and dverrtisig Injury" arising 6. That particular part of any property
out of the sole negligence of such that must be restored, repaired or
additional Insured. replaced because your work" was
Any insurance provided to an additional Insured Incorrectly performed on i1.
designated under paragraphs b. through h. above
"
"
" Paragraph 2 of this exclusion does not
does not apply to
bodily injury
or
property apply If the premises are "your work" and
damage" included within the "products-completed were never occupied, rented or held for
operations hazard." rental by you.
3. The following is added to Paragraph H. of the Paragraphs 1, 3, and 4,. of this exclusion
BUSINESSOWNERS COMMON POLICY do not apply to "property damage" (other
CONDITIONS; than damage by fire or explosion) to
H. Other Insurance premises:
(1) rented to you:
4. This insurance is excess over any other (2) tem
oraril
occu
ied b
ou with the
? Insurance naming the additional Insured p
y
p
y y
i
as an insured whether primary, excess, perm
ssion of the owner, or
contingent or on any other basis unless a (3) to the contents of premises runled to
written contract or written agreement you for a period of 7 or fewer
- specifically requires that this Insurance be consecutive days.
® either primary or primary and
noncontributing.
A separate limit of Insurance
i?
- applies to Damage To Premises Rented
?--° 4. LEGAL LIABILITY -DAMAGE TO PREMISES To You as described in Section D -
?-
- A. Under B. Exclusions
1. Applicable to Liability and Medical Expenses Limits of
,
o Business Liability Coverage, Exclusion k. Insurance.
SB-146932-D APPROVED AS TO FORM Page 3 of 5
(Ed. 07109)
LISA E. STORCK
Assistant City Attorney
SB-746932-D
(Ed. 07109)
Paragraphs 3, 4, 5, and 6 of this (6) Any trustee, if you or an additlonal
exclusion do not apply to Ilabllity Insured is a trust; or
assumed under a sldolrack agreement.
(6) Any elected or appointed official, if you or
Paragraph 6 of Ibis exclusion does not
" an additlonal Insured Is a political
apply to
properly damage" Included In subdivision or public entity.
the "products-completed operations
hazard."
- ?- This
paragraph e, applies separately to you
and any additional insured.
B. Under B. Exclusions, 1. Applicable to
Business Liability Coverage, the last 6. Bodll In j
y j rY
paragraph of 2. Exclusions Is deleted and Section F. Liability and Medical Expenses
replaced by the following: Definitions, item 3. "Bodily Injury" Is deleted and
Exclusions c, d, e, IF, g, b, 1, k, I. m, n, and o, replaced with the rollowing:
do not apply to damage by fire to premises
while rented to you or temporarily occupied by "Bodily Injury" means bodily Injury, sickness or
di
you with permission of the owner or to the sease sustained by a person, Including death,
humiliation
shock
mental anguish or mental
contents of premises rented to you for a ,
,
Injury by that person at any time which results as
period of 7 or fewer consecutive days. A a consequence of the bodily injury, sickness or
separate limit of insurance applies to this disease.
coverage as described in Section D. Liability
And Medical Expenses Limits Of 7. Expanded Personal and Advertising Injury
Insurance. Definition
C. The first Paragraph under Item S. Damage To The following is added to Section F. Liability and
Premises Rented To You Limit of Section Medical Expenses Definitions, Item 14.
D. Liability And Medical Expenses LIm)ts Personal and Advertising Injury, In the
Of Insurance Is replaced by the following: Buslnessowners General Liability Coverage
The most will pay under Business Liability Form:
for damages es because of property damage'
. h. Discrimination or humiliation that results In
to any one premises, while rented to you, or injury to the feelings or reputation of a natural
temporarily occupied by you, with the person, but only If such discrimination or
permission of the owner, Including contents of humiliation is:
such premises rented to you for a period of 7 1. Not done Intentionally by or at the
or fewer consecutive days, is the Damage to direction of:
Premises Rented to You limit shown- In the
Declaration. a, The insured; or
6. Broad Knowledge of Occurrence b. Any "executive officer," director,
The following Items are added to E.
stockholder, partner, member or
Buslnessowners General Liability Conditions manager (if you are a limned liability
In the Buslnessowners Liability Coverage company) of the Insured; and
Form: 2, Not directly or indirectly related to the
e. Paragraphs a. and b. apply to you or to any employment, prospective employment,
past employment or termination of
additional Insured only when such
"occurrence" offense
clalm
or "suit" Is known employment y person or person by
of an
,
.
to: any insure.
(1) You or any additional Insured that Is an B. The following Is added to Exclusions, Section
B„
Individual;
(2) Any partner, If you or an additional (15)DiscrlmInatfon
or Pr Relating to Room,
Dwelling or Premises
insured is a partnership;
(3) Any manager, If you or an additional Caused by discrimination directly or
Indirectly related to the sale, rental
tease
Insured Is a limited liability company; ,
or sub-lease or prospective sale, rental,
(4) Any "executive officer" or Insurance lease or sub-lease of any room, dwelling
manager. If you or an additional Insured Is or premises by or at the direction of any
a corporation; Insured.
SB-146932-D A.PPROVUD AS TO FORM
Page 4 of 6
(Ed, 07/09) 4
6
CK
ISA E. S
Assistant City Attorney
-5/6
513-146932-D
(Ed. 07/09}
t?
?-
s
i?
a
(16) Fines or Peneltles?
Finns pr penalties levied or Imposed by a
governmental entity because of
discrtminatlon.
ThIs provlslon_ {Expanded Personal and
Advertlsing Injury) does 'not apply to
dlscrlminallon or humiliation committed In the
states of New York or Olilo. Also, Expanded
Personal and Advertlsing Ih)ury Coverage
dyes not apply to policies Issued in the stales
of New York or Ohlo.
D. This provlslon (Expanded Personal and
Advertlsing Injury) does not apply If
Personal and Advertlsing Injury LIab1111y is
excluded either by the provisions of the Policy
or by endorsement.
SB-148932-D ,ps,plPR®VEI/? A? `?? ?'®R1`?
(Ed. 07!09) ?'-?c?
LISA E. 9TOARt nay
Assistant City
Page 5 of 5