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HomeMy WebLinkAboutBIG BROTHERS BIG SISTERS OF ORANGE COUNTY 3-2012INSURANCE NOT ON FILE N-2011-099-OD1 WORK MAY NOT PROCEED CLERK OF COUNCIL DATE- AUG 6 - 2012 FIRST AMENDMENT TO AGREEMENT C 'SA?p$rawn Lor ? Si -1--om Se?ca-?i"?I' IS FIRST AMENDMENT TO AGREEMENT is made and entered into this ??? day of 2012 by and between "the Parties," Big Brothers Big Sisters of Orange Cou ty ereinafter "Contractor and/or BBBSOC"), 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 and BBBSOC (hereinafter "the parties") entered into Agreement No. N- 201 1-099, dated January 1, 201 1, (hereinafter "said Agreement"), by which the parties agreed to implement a Santa Ana Police Athletic and Activity League (SAPAAL) program in order to work together toward the mutual goal of reducing gang violence and gang crime in the target area identified as policing grids 86, 87, 106, 107, 126, and 127 in the South Coast Policing District. B. In accordance with the terms and conditions of said Agreement, the Parties wish to renew said Agreement to pay for services provided by BBBSOC during the period of April 1 , 201 1 through December 3 1 , 2012, with the total compensation during the term of the agreement not to exceed $20,000 per year and $40,000 for the term of the agreement. WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all the terms and conditions of said Agreement, except those amended in this First Amendment to Agreement, the parties agree as follows: 1. Section 2(a), COMPENSATION, shall be amended to delete Section 2(a) referencing a specific monthly payment amount. Section 2(b) and Section 2(c) shall remain the same as set forth within said Agreement. Section 2. COMPENSATION/TRANSFER OF GRANT FUNDS of said Agreement shall read as follows: Section 2(a). The total amount of funds for the life of the grant and the total sum to be expended under this Agreement is not to exceed a total of X20,000 per year and $40,000 during the entire term of this Agreement. Section 2(b). Funds will be transferred once a month by City within thirty (30) days following receipt of a 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 that may be reasonably expected by City. 2. Except as hereinabove modified, all terms and conditions of said Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to Agreement on the date and year first written above- ATTEST: MARIA D. HUiZAR Clerk of the Council CITY OF SANTA ANA PAUL M. WALTERS City Manager APPROVED AS TO FORM: SONIA R. CARVALHO By TE A L. JUDD Assistant City Attorney BIG BROTHERS BIG SISTERS OF ORANGE COUNTY ACCROl CERTIFICATE OF LIABILITY INSURANCE 1DATE 0 YYY) o /01/201 /l/z THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFI9At?EI!42- l) _ ( _ IMPORTANT: If the certificate holder is an ADDITIONAL INSSU`R D, the of cy s st be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER 1-909-243'-8260 CONTAG 1 T _. e NAME:.' : Hays of California Insurance Services - Ontario- PHONE" FAX (AIC, Nb;f7tff+ (AIC, No): Empire Towers IV ADDRIESS: 3800 Concours, Suite 3400 PRODUCER Ontario, CA 91764 CUSTOMER ID #: Kelly Peterson INSURER(S) AFFORDING COVERAGE NAIC # INSURED INSURERA: Nonprofits Insurance Alliance Big Brothers/Big Sisters of Orange County INSURER B: Oak River Insurance Company 14131 Yorba Street, Suite 200 INSURER C Tustin, CA 92780 INSURER D: INSURER E : INSURER F GUVFKAGFN CFKIIFICAiF NIIMRFR• 29416096 RFVISItIN NIIMRFR- THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTR TYPE OF INSURANCE = SUBR POLICY NUMBER MM/DI DYE MMIDD/YYYY LIMIT S A GENERAL LIABILITY 20120647ONPO 02/11/12 02/11/13 EACH OCCURRENCE S 1,000,000 X COMMERCIAL GENERAL LIABILITY PREMISES S ( ( DAMAGE Ea occu RENTED rrence) S 100,000 CLAIMS-MADE X OCCUR MED EXP (Any one person) S 10,000 PERSONAL & ADV INJURY S 1,000,000 GENERAL AGGREGATE $ 3,000,000 GEML AGGREGATE LIMIT APPLIES PER PRODUCTS - COMP/OP AGG $ 3,000,000 X POLICY PJE, RO LOC S A AUTOMOBILE LIABILITY 20120647ONPO 02/11/12 02/11/13 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 ANY AUTO BODILY INJURY (Per person) $ ALL OWNED A11T05 BODILY INJURY (Per accident) $ SCHEDULED AUTOS PROPERTY DAMAGE $ X HIRED AUTOS (Per accident) X NON-OWNED AUTOS $ A X UMBRELLA LIAB X OCCUR 20120647ONPO 02/11/12 02/11/13 EACH OCCURRENCE S 3,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE S 3,000,000 DEDUCTIBLE $ X RETENTION $ 10, 000 S WORKERS B 2200054868-121 02/11/12 02/11/13 ' WCSTATU- X O AN D EMPLOYERS LIABILITY YIN TO RY LIMITS ER ANY PROPRIETOR/PARTNERlEXECUTIVE E.L. EACH ACCIDENT $ 1,000,000 N / A OFFICER/MEMBER EXCLUDED' El (Mandatory in NH) E.L. DISEASE- EA EMPLOYEE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) The City of Santa Ana is named as Additional Insured per attached form CG 20 26 07 04. M kV li/'11Y V GLLM I I V IY - SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Santa Ana THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 20 Civic Center Plaza Santa Ana, CA 92701 AUTHORIZED REPRESENTATIVE USA I Kelly Peterson nparxa © 1988-2009 ACORD CORPORATION. All rights reserved. (2009/09) The ACORD name and logo are registered marks of ACORD ACORD 25 2994411660 096 6 POLICY NUMBER: 2012-06470-NPO COMMERCIAL GENERAL UABILITY 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 Persons Or Organization(s) Any person or organization that you are required to add as an additional insured on this policy, under a written contract or agreement currently in effect, or becoming effective during the term of this policy. The additional insured status will not be afforded with respect to liability arising out of or related to your activities as a real estate manager for that person or organization. I City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92701 Information required to complete 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 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- sions 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 ? SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS 1. Bankruptcy Bankruptcy or insolvency of the insured or of the insured's estate will not relieve us of our obliga- tions under this Coverage Part. 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit a. You must see to it that we are notified as soon as practicable of an "occurrence" or an offense which may result in a claim. To the extent pos- sible, notice should include: (1) How, when and where the "occurrence" or offense took place; (2) The names and addresses of any injured persons and witnesses; and (3) The nature and location of any injury or damage arising out of the "occurrence" or offense. 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 obtained after an actual trial; 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 applicable limit of insur- ance. An agreed settlement means a settlement and release of liability signed by us, the insured and the claimant or the claimant's legal represen- tative. 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. CG 00 01 07 98 Copyright, Insurance Services Office, Inc., 1997 Page 9 of 13 ?