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HomeMy WebLinkAboutKIDWORKS COMMUNITY DEVELOPMENT CORPORATION (9) - 2014V<� igNCE:ON FILE N -2014 -010 u;_;,, 0AY PROCEED :ml IL INSURANCE EXPIRES / -'%-/ S ALRK OF COUNCIL OA I E. ce— FM3/flee4 CI� LICENSE AGREEMENT wamrn N O VNQ This LICENSE AGREEMENT ( "Agreement ") is dated as of January 077, 2014, and entered into by and between CITY OF SANTA ANA, a California municipal corporation ( "City "), and the KIDWORKS COMMUNITY DEVELOPMENT CORPORATION, a 501(c) (3) non -profit organization in the State of California ( "Licensee "). RECITALS: A. The City is the owner of that certain real property known as the City Corporate Yard located at 220 S. Daisy Ave., Santa Ana, CA, 92701 ( "Property "). B. Licensee desires to use the City Corporate Yard parking lot ( "License Area ") for purposes of "parking" vehicles during the Licensee's hosting of two events in February: The Nutrition Awareness Conference on February 1, 2014 and the Youth Council Meeting on February 13, 2014. C. The City has agreed to grant Licensee a license to use the License Area, on the terms and conditions set forth in this Agreement. D. On February 1, 2014, Licensee will be hosting the second annual Nutrition Awareness Conference supported by the Youth Advocate Network Sustainable Communities ( YANSC). YANSC is a network of young advocates who seek to inform their community about healthy eating habits. The goals of this conference are to educate the public on health issues and identify solutions through community efforts. About 125 youth, teachers, and professionals who work on food- related issues will be in attendance. E. On February 13, 2014, Licensee will be hosting the Youth Council Meeting to facilitate discussion Workforce Investment Act (WIA) programs. The WIA offers a range of professional development with the purpose of increasing job retention, employment, earnings, and occupational skills. Santa Ana has seven (7) WIA providers focusing in youth ages 16 -21. KidWorks is 1 of 7 WIA providers. Every 3 months the Youth Council meet to listen to updates from the WIA providers. There are 18 Youth Council members and 7 providers. Each WIA provider is asked to share highlights of their programs. Also, providers invite minimum of 2 youth to share their experience with the WIA program. The Youth Council also discusses provider statistic updates, changes from the state in the WIA contract, and future WIA contract improvements, NOW THEREFORE, for and in consideration of the mutual covenants and agreements herein contained and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: I. License, The City hereby grants to Licensee a license to the non - exclusive use the License Area on February 1 and 13, 2014, for the purpose described in Recital B, D and E, upon the terns and conditions set forth herein ( "License "), subject to Licensee's performance of all of I of 5 its obligations under this Agreement. This License shall commence at 8:OOam and terminate at 4 :00pm on February 1, 2014, unless extended in writing by the Executive Director of Finance and Management Services Agency, or his designee. This License shall again be valid from 4:OOpm and terminate at 8:30pm on February 13, 2014, This Agreement is intended and shall be construed only as a revocable license to use the License Area and not as a lease or grant of any possessory or other interest. 2. Clean Uo, Licensee shall, after use of the License Area; leave the License Area in a neat and clean condition to the reasonable satisfaction of the City, free of trash and debris, and Licensee shall remove all property and materials of Licensee. Licensee shall cause the License Area to be cleaned, with such work to be completed no later than the times specified in the License as stated in paragraph 1 above, and the License shall be extended to such time for the limited purpose of allowing the cleaning work to be completed. 3. Compliance with Laws. Licensee shall cause all activities of Licensee under this Agreement and all activities on the License Area to be performed in compliance with all applicable federal, state, and local laws, ordinances, and regulations, and permits. 4. Damag . In the event that Licensee damages any portion of the License Area or Property or the improvements or equipment therein, Licensee shall immediately repair the damage. Alternatively, the City may, at its election, repair the damage in which case Licensee shall reimburse the City for its cost within fifteen (15) days of receipt of written demand from City. 5. Licensee Parties. Licensee, together with its employees, agents, representatives, and all persons entering the License Area and any other portion of the Property, by or through or at the direction of Licensee, are collectively referred to herein as the "Licensee Parties." Licensee shall be responsible for the Licensee Parties and shall cause the Licensee Parties to comply with the terms of this Agreement. 6. Fee. Licensee shall pay to City NO FEE for the use of the License Area. 7. AS -IS Condition. City makes no representation or warranty of any kind as to the condition of the License Area or any other matter relating to Licensee's use of the License Area. Licensee hereby disclaims and waives any and all objections to the physical and other characteristics and conditions of the License Area. Licensee acknowledges and agrees that the use of the License Area will be on the basis of Licensee's own investigation of the condition of the License Area. The license to use the License Area shall be granted on an "AS -IS," "WITH ALL FAULTS" basis, without representation or warranty expressed or implied by City, or by operation of law. City expressly disclaims, which Licensee hereby acknowledges and accepts, any implied warranty of condition or fitness for a particular purpose or use. Licensee's use of the License Area shall be subject to the License Area being in a usable and safe condition at the time of Licensee's use and Licensee shall be responsible for determining whether the License Area is in such condition. In connection therewith, in the event that the License Area or access thereto is damaged or obstructed or the use by Licensee is otherwise impaired, prevented or limited, City 2 of 5 shall have no obligation or duty to repair the damage or rectify the condition to make the License Area usable or safe. 8. Commercial General Liability Insurance. Licensee shall maintain commercial general liability insurance which 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 Licensee Parties use of the license area, 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 and in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self - insurance programs maintained by the City; and (c) contain standard separation of insureds provisions, 9. Indemnity. Licensee shall indemnify, defend, and hold harmless City, and its respective agents, representatives, employees, subsidiaries and affiliates ( "Covered Parties ") from and against any and all actions, suits, claims, demands, judgments, losses, expenses, or liabilities, injuries and damages to persons and property, including death, arising out of or related to Licensee's use of the License Area, the entry by any Licensee Party on the License Area or any portion of the Property or surrounding property, or Licensee's breach or default in the performance of any of its obligations under this Agreement; provided, however, that Licensee will not be obligated to 'indemnify the Covered Parties from any claims arising solely from the gross negligence or willful misconduct of a Covered Party. If any action or proceeding is brought against any Covered Party by reason of any such claim, Licensee, upon receipt of written notice from Covered, shall defend the same at Licensee's expense with legal counsel reasonably acceptable to Covered. Payment shall not be a condition precedent to recovery under any indemnification in this Agreement, and a finding of liability or an obligation to indemnity shall not be a condition precedent to the duty to defend. The provisions of this Section 9 shall survive the termination or expiration of this Agreement. 10. Miscellaneous. 10.1 Entire Agreement, Waiver and Amendments. This Agreement incorporates all of the terms and conditions mentioned herein, or incidental hereto, and supersedes all negotiations and previous agreements between the parties with respect to the subject matter of this Agreement. All waivers of the provisions of this Agreement must be in writing and signed by the appropriate authorities of the party to be charged. Any amendment or modification to this Agreement must be in writing and executed by the appropriate authorities of the City and Licensee. 102 Severabilitv. If any term, provision, covenant, or condition of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions of the Agreement shall continue in full force and effect, unless and to the 3 of 5 extent the rights and obligations of one or both parties has been materially altered or abridged by such holding. 10.3 No Assi ng ment. Licensee shall not assign or transfer or otherwise convey any interest in this Agreement to any party without the express prior written consent of City, which consent may be withheld in City's sole and absolute discretion. 10.4 Applicable Law. This Agreement shall be construed and enforced in accordance with the internal laws of the State of California. 10.5 Litigation Expenses. If either party to this Agreement commences an action against the other party to this Agreement arising out of or in connection with this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees, expert witness fees, costs of investigation, and costs of suit from the losing party. 10.6 Authoritv. The persons executing this Agreement on behalf of the parties hereto represent and warrant to the other party that they are duly authorized to execute and deliver this Agreement on behalf of such party, and by so executing this Agreement, said party is formally bound to the provisions of this Agreement. 10.7 Execution in Counterpart. This Agreement may be executed in several counterparts, and all so executed shall constitute one agreement binding on both of the parties hereto, notwithstanding that both parties are not signatories to the original or the same counterpart. IN WITNESS WHEREOF, City and Licensee have entered into this Agreement as of the day and year first written above. CITY OF SANTA ANA: CITY OF SANTA ANA, a California municipal corporation DAVID A A OS City Manager LICENSEE: KIDWORKS COMMUNITY DEVELOPMENT CORPORATION, a California 501 (c)(3) corporation By: Its: �Oper-t 1004 00�I UAW By: Its:; 4of5 ATTEST: MARIA HUIZAR City Clerk APPROVED AS TO FORM: SONIA R. CARVALHO Jose Sandoval f Assistant City Attorney RECOMMENDED FOR APPROVAL FRANCISCO GUTIERREZ Executive Director of Finance and Management Agency 5of5 OP ID: RY Ailco�.° CERTIFICATE OF LIABILITY INSURANCE DATE 01/2DD/VYVY) 01/24114 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Global Program Managers P.O. Box 7119 NAMEACT Ran Wood PHONE FAX Arc N Ea . 626. 943 -2213 ac Nei 626. 299 -1010 Capistrano Beach, CA 92624 Wesley G. Hampton MAIL rwood@narver.com PRODUCER USTOMER ID N: KIDWO -1 INSURERS AFFORDING COVERAGE NAIC $ INSURED Kid Works Community Development INSURER A; Philadelphia Indemnity lnsuran 18056 1902 W. Chestnut Avenue Santa Ana, CA 92703 -4304 INSURER B: Everest National Insurance Co. 1 0120 INSURER C INSURER D: INSURER E, INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTR TYPE OF INSURANCE ADDL INES UBR POLICYNUMBER POLICY EFF MM /DDNYVV POLICY EXP MMIDDIYYYY LIMITS GENERAL LIABILITY -MM EACH OCCURRENCE $ 1,000,006 • X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR X PHPKII20959 01/07/14 01/07115 DAMA ET PREMISES to occurrence $ 10,000 MED EXP(Any one person) $ 5,000 PERSONAL &ADV INJURY $ 1,000,000 GENERALAGGREGATE $ 3,000,000 CENT AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG $ 3,000,000 X POLICY PRO- F LOC JECT 17 $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 ANYAUTO BODILY INJURY (Per person) $ ALLOWNEO AUTOS BODILY INJURY (Per accident) $ • X SCHEDULED AUTOS HIRED AUTOS PHPK1120959 01107114 01107115 PROPERTY DAMAGE (Per accident) $ • X NON -OWNED AUTOS PHPK1120959 01/07114 01107115 $ X UMBRELLALIAB X OCCUR EACH OCCURRENCE $ 1,000,000 AGGREGATE $ 1,000,000 • EXCESS LIVE CLAIMS -MADE PHUB446716 01107/14 01107115 DEDUCTIBLE $ $ X I RETENTION $ 10,000 • WORKERS COMPENSATION ANDEMPLOYERS'LIABILITY ANY PROPRIETOR /PARTNER/EXECUTIVE YIN OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If Yes describe under DE SC RIPTION OF OPERATIONS below NIA CA10001753141 02101114 02101115 X WC STATU OTH- TORY LIMITS ER E.L. EACH ACCIDENT $ 1,000,000 E. L. DISEASE EA EMPLOYEE $ 1,000,000 E.L DISEASE - POLICY LIMIT $ 1,000,000 • Professional Liab PHPKI120959 01107114 01107/15 Each 1,000,000 Aggregate 3,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space Is required) RE: Nutrition Awareness Conference - February 1, 2014 from 8:OOam - 4:00pm. The City of Santa Ana, its officers, agents, employees and volunteers are named as Additional Insured in regards to the attached General Liability Form. Thirty (30) days advance written notice of cancellation. This insurance is primary and non - contributory with respect to any other CERTIFICATE HOLDER t 1-J- `L)VfjD AS TO FOR CANCELLATION SANTAAN City of Santa Arty- °(�f" <�-^-'^" 13 y i.Blll'O utl' $)ICCC) 20 Civic Center Plaza SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Assistant Santa Ana, CA 92701 EASS1Stant City Attorney AUTHORIZED REPRESENTATIVE ©1988 -2009 ACORD CORPORATION. All rights reserved. ACORD 25 (2009/09) The ACORD name and logo are registered marks of ACORD PI- GLD -HS (10/11) (g) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or (h) 'Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (1) The exceptions contained in Sub - paragraphs (d) or (f); or (ii) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. (2) This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing. j. Franchisor — Any person or organization with respect to their liability as the grantor of a franchise to you. k. As Required by Contract— Any person or organization where required by a written contract executed prior to the occurrence of a loss. Such person or organization is an additional insured for "bodily injury," "property damage" or "personal and advertising injury" but only for liability arising out of the negligence of the named insured. The limits of insurance applicable to these additional insureds are the lesser of the policy limits or those limits specified in a contract or agreement. These limits are included within and not in addition to the limits of insurance shown in the Declarations I. Owners, Lessees or Contractors — Any person or organization, but only with respect to liability for "bodily injury," "property damage" or "personal and advertising injury" caused, in whole or in part, by: (1) Your acts or omissions; or (2) The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured when required by a contract. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to 'bodily injury' or "property damage" occurring after: (a) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or (b) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. Page 9 of 12 Includes copyrighted material of Insurance Services Office, Inc., with its permission. © 2011 Philadelphia Indemnity Insurance Company OP ID: RY CERTIFICATE OF LIABILITY INSURANCE DAT 01124DIYYVY) 01/24/14 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Global Program Managers P.O. Box 7119 NAMEACT Ran Wood PHONE FAX No Ext : 626 - 943.2213 arc No): 626 - 299 -1010 EMAIL rwood@narver.com co narver.com Capistrano Beach, CA 92624 G. Hampton PRODUCER cu STOMERID :KIDWO °1 INSURER($) AFFORDING COVERAGE NAICN INSURED KidWorks Community Development INSURER A: Philadelphia Indemnity lnsuran 18058 1902 W. Chestnut Avenue Santa Ana, CA 92703 -4304 INSURER B; Everest National Insurance Co. 10120 INSURER C INSURER D INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSR SUER MD POLICYNUMBER POLICY EFF MMIDDIVYYY POLICY EXP MMIDDNM LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE 1XI OCCUR X PHPK1120959 01107114 01/07115 PREMISES Ea occurrence $ 10,000 MED EXP (Any one person) $ 5,000 PERSONAL &ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 3,000,000 GEN'L AGGREGATELIMIT APPLIES PER: PRODUCTS COMP /OPAGG $ 3,000,000 X POLICY JE lJ LOD $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 ANV AUTO BODILY INJURY (Per person) $ ALLOWNED AUTOS BODILY INJURY (Per accident) $ A X SCHEDULED AUTOS HIRED AUTOS PHPK1120959 01107114 01107115 PROPERTY DAMAGE (Per accident) $ A X NON - OWNEDAUTOS PHPK1120959 01107114 01107115 $ $ X UMBRELLA LIAB I X OCCUR EACH OCCURRENCE $ 1,000,000 AGGREGATE $ 1,000,000 A EXCESS LIAB CLAIMS -MADE PHUB446716 01107114 01/07115 DEDUCTIBLE $ $ X I RETENTION $ 10,000 B WORKERS COMPENSATION ANDEMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNERIEXECUTIVEY� OFFICER/MEMBER EXCLUDED? (Mandatory In NH) MIA CA10001753141 02/01/14 02101115 X WC STATU- OTH TORYLIMITS ER - E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYE $ 1,000,000 if Dyes describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 A Professional Liab PHPK1120959 01107114 01/07115 Each 1,000,000 Aggregate 3,000,000 DESCRIPTION OF OPERATIONS) LOCATIONS I VEHICLES, (Attach ACORD 101, Additional Remarks Schedule, If more space Is required) RE: Youth Council Meeting - February 13, 2014 from 4:00 -8:30 pm. The City of Santa Ana, its officers, agents, employees and volunteer@@a named as Additional Insured in regards to the attached General Liabil'i Form. Thirty (30) days advance written notice of cancellation. This insurance is primary and non - contributory with respect to any other CERTIFICATE HOLDER 1; '; - '~~ -,,. CANCELLATION Op 0 , ANTAAN .- SC'a t V� SHOULD ANY OF THE ABOVE DESCRIBEDA �jE�S�SIIgqE CANCELL BEFORE City of Santa /[;.3 20 Civic Cent Wife Ka Santa Ana, CA 92701 THE EXPIRATION DATE THEREOF, NOTICE 11�U0 DELIVERED IN ACCORDANCE WITH THE POLICY PROVISION :y AUTHORIZED REPRESENTATIVE © 1988.2009 ACORD CORPORATION. All rights reserved. ACORD 25 (2009109) The ACORD name and logo are registered marks of ACORD PI- GLD -HS (10/11) (g) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor: or (h) 'Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (i) The exceptions contained in Sub - paragraphs (d) or (f); or (ii) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. (2) This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing. j. Franchisor — Any person or organization with respect to their liability as the grantor of a franchise to you. k. As Required by Contract — Any person or organization where required by a written contract executed prior to the occurrence of a loss. Such person or organization is an additional insured for "bodily injury," "property damage" or "personal and advertising injury" but only for liability arising out of the negligence of the named insured. The limits of insurance applicable to these additional insureds are the lesser of the policy limits or those limits specified in a contract or agreement. These limits are included within and not in addition to the limits of insurance shown in the Declarations I. Owners, Lessees or Contractors — Any person or organization, but only with respect to liability for "bodily injury," "property damage" or "personal and advertising injury" caused, in whole or in part, by: (1) Your acts or omissions; or (2) The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured when required by a contract. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: (a) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or (b) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. Page 9 of 12 Includes copyrighted material of Insurance Services Office, Inc., with its permission. © 2011 Philadelphia Indemnity Insurance Company