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HomeMy WebLinkAboutSHIFT DESIGN FORMERLY (WE ARE WHAT WE DO)City of Sant, 0,na "+r Clerk of the Cuuncil AGREEMENT TERMINATION FORM _ .................. .....__............ .....------- ..__.... _........ _, COTC Office Use Only 2VI Flo (---- ... .. .---------- Please complete this form when the attached agreement and all CITY Or , ,; I amendments (if any) are no longer in effect. CLERK �, `r `' �TA ANA UNCIL Return form to the Clerk of the Council Office (M-30). Call 647-6520 if you have any questions. i The agreement with S vA A No. 09 was completed on C and final payment has been made. (List all amendments. Use space below if needed.) 14-j�-G )S CX114-CG Revised 08-23-10 Department: � �;� / Li L1>"il.",1t Phone/Ext.:-, Signature: _ jt "Ln'cc c.t,i/VN-) Date: <-�24Ldz C%r a rJ IN§6i:IANdON FILE' WORK MAY PROCEED YUNTIL INSURANCE EXPIRES cz 1 CLERKOFGOUNC4t _¢ DATE:_% CONSULTANT AGREEMENT INCORPORATING INSTITUTE OF MUSEUM A-2015-004. AND LIBRARY SERVICES (IMLS) LEADERSHIP GRANT REQUIREMENTS 'THIS AGREEMENT, effective as of the Ist day of December, 2014, by and between Shift Design, a social enterprise, (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 retail Shift Design as a consultant to provide technological infrastructure for internet archiving to assist with public access to and interaction with such archive for the Memories of Migration project. B. The City, as a recipient and grantee of the 2014 Federal Institute of Museum and Library Services (IMLS) National Leadership Grant Program, desires to enter this Agreement with the Consultant for the expenditure of grant funds in accordance with the General Terms and Conditions for IMLS Discretionary Awards ("IMLS Terms and Conditions") which can be found at: htl:p:/_/'A_w_waMIS, gt v/_3;sscts!1/asse M--IslneerU/ c 0414-,-- f C. Consultant represents that it is able and willing to provide such services to the City, and will comply with the IMLS Terms and Conditions. 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 pertbrmed it 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: I. SCOPE OF SERVICES Consultant will provide: technological infrastructure for internet archiving of products of the grant, as well as infrastructure required for public access to and interaction with the archive. Consultant will create a jumpkit to assist library partners in collecting and archiving the data, and will recruit the professionals who will constitute the national Advisory Panel for the Memories of Migration project. Consultant will also create an evaluation framework for the project and complete evaluations required by the grant,,, as set forth in Exhibit A, attached hereto and incorporated herein. 2. COMPENSATION a. For the services provided, Shift Design will receive One Hundred Twenty One Thousand Nine Hundred Forty Nine Dollars ($121,949.00). Shift Design will provide $109,070.00 in cost sharing as per the budget approved by'1'MLS. The City shall also pay reasonable travel costs (limited to transportation, airfare and lodging, if any) for Consultant to perform its services pursuant to this Agreement; no travel costs will be reimbursed to the Consultant as the City will be paying such listed costs directly. b. The above -stated compensation includes reimbursement by the City for meals and beverages (no alcohol) in an amount not to not exceed $71 per day for up to eighteen (18) days. Consultant shall submit a reimbursement request form with receipts to City staff in order to be reimbursed, subject to City accounting procedures 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 September 30, 2017, unless terminated earlier in accordance with Section 9, below. The Term of this Agreement may be extended by a writing executed by the City Manager and the City Attorney. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture 'relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance 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 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, 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 as evidenced by a separate Additional Insured Endorsement; and (c) contain standard separation of insureds provisions. 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. 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 (3 0) days prior written notice to the City. e. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 6. 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 of this 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 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. Nondiscrimination. Consultant must comply with the following nondiscrimination statutes and their implementing regulations and must also comply with the requirements of any other nondiscrimination laws which may apply: (a) Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C. §2000 et seq.), which prohibits discrimination on the basis of race, color, or national origin (note: as clarified by Executive Order 13166, the applicant must take reasonable steps to ensure that limited English proficient (LEP) persons have meaningful access to the applicant's programs (see IMLS guidance at 68 Federal Register 17679, April 10, 2003)); (b) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. §701 et seq. including §794), which prohibits discrimination on the basis of disability (note: IMLS applies the regulations in 45 CFR Part 1170 in determining compliance with Section 504 as it applies to recipients of Federal assistance); (c) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §1681-83, §1685-86), which prohibits discrimination on the basis of sex in education programs; and (d) the Age Discrimination in Employment Act of 1975, as amended (42 U.S.C. §6101 et seg.), which prohibits discrimination on the basis of age. B. Debarment and Suspension Grantees are prohibited from doing business with any organization or person (as a recipient, subrecipient, contractor, or key employee) if they have been debarred or suspended by any Federal department or agency. The OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement) contained in 2 CFR Part 180 and the corresponding IMLS regulations contained in 2 CFR Part 3185 apply to IMLS grants. The Consultant, as a primary tier participant, is required to comply with 2 CFR Part 180 subpart C (Responsibilities of Participants Regarding Transactions Doing Business with Other Persons) as a condition of participation in the award. The Consultant is also required to communicate the requirement to comply with 2 CFR Part 180 subpart C (Responsibilities of Participants Regarding Transactions Doing Business with Other Persons) to persons at the next lower tier with whom the Consultant enters into covered transactions. C. Drug -Free Workplace The Consultant must provide a drug-free workplace by complying with the requirements in 2 CFR Part 3186 (Requirements for Drug -Free Workplace (Financial Assistance)). In particular, the Consultant must comply with drug-free workplace requirements in subpart B (or subpart C, if the recipient is an individual) of 2 CFR Part 3186. This includes, but is not limited to: malting a good faith effort, on a continuing basis, to maintain a drug-free workplace; publishing a drug-free workplace statement; establishing a drug- free awareness program for the Consultant's employees; taking actions concerning employees who are convicted of violating drug statutes in the workplace; and identifying (either at the time of application or upon award, or in documents the Consultant keeps on file in its offices) all known workplaces under the Consultant's Federal awards. D. Trafficking in Persons The Consultant must comply with Federal law pertaining to trafficking in persons. Under 22 U.S.C. §71.04(g), any grant, contract, or cooperative agreement entered into by Federal agency and a private entity shall include a condition that authorizes the Federal agency (IMLS) to terminate the grant, contract, or cooperative agreement if the Consultant, subgrantee, contractor, or subcontractor engages in trafficking in persons, procures a commercial sex act, or uses forced labor. 2 CFR Part 175 requires IMLS to include the following award term, which is made a partofthese General Terms and Conditions: a. Provisions applicable to a recipient that is a private entity 1. You as the recipient, your employees, subrecipients under this award, and subrecipients' employees may not - i. Engage in severe forms of trafficking in persons during the period of time that the award is in effect; H. Procure a commercial sex act during the period of time that the award is in effect; or iii. Use forced labor in the performance of the award or subawards under the award. 2. The City, as the awarding agency may unilaterally terminate this award, without penalty, if you or a subrecipient that is a private entity - i. Is determined to have violated a prohibition in paragraph a.I of this award term; or ii. Has an employee who is determined by the agency official authorized to terminate the award to have violated a prohibition in paragraph a.I of this award term through conduct that is either - A. Associated with perfonnance under this award; or B. Imputed to you or the subrecipient using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 CFR part 180, "OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement)," as implemented by IMLS at 2 CFR Chapter XXXI, part 3185. b. Provision applicable to a recipient other than a private entity The City, as awarding agency, may unilaterally terminate this award, without penalty, if a subrecipient that is a private entity - 1. Is determined to have violated an applicable prohibition in paragraph a.I of this award term; or 2. Has an employee who is determined by the agency official authorized to terminate the award to have violated an applicable prohibition in paragraph a.I of this award term through conduct that is either - i. Associated with performance under this award; or ii. Imputed to the subrecipient using the standards and due process for imputing the conduct of an individual to an organization that are provided 2 CFR part 180, "OMB Guidelines to Agencies on Govermnentwide Debarment and Suspension (Nonprocurement)," as implemented by our agency at 2 CFR part 3185. c. Provisions applicable to any recipient 1. You must inform the City immediately of any information you receive from any source alleging a violation of a prohibition in paragraph a.1 of this award term. 2. The City has the right to terminate unilaterally that is described in paragraph a.2 or b of this section: i. Implements section 106(g) of the Trafficking Victims Protection Act of 2000 ("TVPA"), as amended (22 U.S.C. §7104(g)), and ii. Is in addition to all other remedies for non-compliance that are available to the City under this award. 3. You must include the requirements of paragraph a.1 of this award term in any subaward you make to a private entity. E. Definitions For purposes of this award term: 1. "Employee" means either: i. An individual employed by you or a subrecipient who is engaged in the performance of the project or program under this award; or ii. Another person engaged in the performance of the project or program under this award and not compensated by you including, but not limited to, a volunteer or individual whose services are contributed by a third party as an in-kind contribution toward cost sharing or matching requirements. 2. "Forced labor" means labor obtained by any of the following methods: the recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery. 3. "Private entity": i. Means any entity other than a State, local government, Indian tribe, or foreign public entity, as those terms are defined in 2 CFR 175.25. ii. Includes: A. A nonprofit organization, including any nonprofit institution of higher education, hospital, or tribal organization other than one included in the definition of Indian tribe at 2 CFR 175.25(b). B. A for-profit organization. 4. "Severe forms of trafficking in persons," "commercial sex act," and "coercion" have the meanings given at section 103 of the TVPA, as amended (22 U.S.C. §7102). F. Federal Debt Status The Consultant should not be delinquent in the repayment of any Federal debt G. Lobbying The Consultant may not conduct political lobbying within the Federally -supported project. In addition, the Consultant may not use Federal funds for lobbying specifically to obtain awards, extensions, amendments, or other Federal actions. (31 U.S.C. §1352) Certain other lobbying restrictions, such as the following, may also apply: Lobbying Activities (Applies to Applicants Requesting Funds in Excess of $100,000) (31 U.S.C. § 1352). The following provisions remain in effect for the award: (a) No Federal appropriated funds may be paid, by or on behalf of the Consultant, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (b) If any funds other than Federal appropriated funds have been paid or will be paid to any person (other than a regularly employed officer or employee of the applicant, as provided in 31 U.S.C. §1352) 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 Consultant shall complete and submit Standard Foran LLL, "Disclosure of Lobbying Activities," in accordance with its instructions. (c) The Consultant shall require that the language of the certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. In addition, no IMLS grant funds shall be used to pay the salary or expenses of any grant or contract recipient, or agent acting for such recipient, relating to any activity designed to influence legislation or appropriations pending before the Congress or any State legislature. (P.L. 111-117, Division D, Title V General Provisions, sec. 503(b)). 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 the IMLS 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. 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 made for services not subsequently performed in a timely and satisfactory manner, and (2) costs incurred by City in obtaining substitute performance. 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 facsimile or other telegraphic communication in the manner provided in this Section, to the following persons: 7 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 Facsimile (714) 647-6956 Copies to: Parks, Recreation and Community Services Agency City of Santa Ana 20 Civic Center Plaza (M-23) P.O. Box 1988 Santa Ana, California 92702 Facsimile (714) 571-4221 City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 Facsimile (714) 647-6515 To Consultant: Shift Design, Inc 2655 Harrison St. San Francisco, CA 94110 Facsimile 415-962-2490 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. S IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: GiMR ✓�' 1 Maria D. Huizar City Clerk APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: zw'� .. Lisa Storck Assistant City Attorney RECOMMENDED FOR Gerardo Mouet Executive Director Parks, Recreation and Community Services Agency AL: CITY OF SANTA ANA < 24-1 David Cavazos City Manager 11 CONSULTANT Shift Design By: Jon Vs Histo pin Strategic Partnerships Director EXHIBIT A SCOPE OF WORK Memories of Migration Partners Shift Design (Consultant) will provide technological infrastructure for internet archiving of the results and products of the Federal Institute of Museum and Library (IMLS) grant, as well as the infrastructure required for public access to and interaction with the archive for the Memories of Migration project. Consultant will create a Memories of Migration web presence on Historypin, along with mechanisms for uploading the content from partner libraries and institutions across the country and integrating it into the online archive. Consultant will assist library partners in collecting and archiving data, and will recruit the professionals who will constitute the national Advisory Panel for the Memories of Migration project. Consultant will create an evaluation framework for the project and complete interim and final evaluations required by the IMLS grant. In return for these deliverables, Consultant will receive $121,949.00. Consultant will provide $109,070.00 in cost sharing as per the budget approved by IMLS. 12 WEARE-1 OP ID: WB `'f%. C '" CERTIFICATE OF LIABILITY INSURANCE �...---' DATE 8/2 01 4Y, 11(2812014 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(les) 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 Barbary Insurance Brokerage 230 California Street, #700 San Francisco, CA 94111 CONTACT House Account PHONE FAX we No E,n.415-788.4700 Alp NpL415-_788.4701 — _ E-MAIL ADDRESS: -...._- __ INSURERISI AFFORDING CgVERAGE _NAIC!V INSURERA:Nonprofits Ins Alliance o_f_ CA____' ____`_ _ INSURED Shift Design (fmr We Are What 2655 Harrison Street San Francisco, CA 94110 INSURER a: North American Elite _ INSURER C: Scottsdale Insurance Company -_ 41297 — NSURER 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 1S SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. (NSR LTR TYPE OP INSURANCE City of Santa Ana 5 R - POLICY NUMBER POLICYEFF MMIDDIYYYY PSL CY EXP MM/DDIWYV - LIMITS IA X COMMERCIAL GENERAL LI ABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE � OCCUR X 2014.42084 -NPO 1210312014 1210312014 AM1�E TOTtERicD — pREM1�Ea occurrence r$ 500,000 _ MED EXP (Any an¢ person) $ 20,800 __._.._ PERSONAL&ADV INJURY _._......,_._..... $ 100,0_0_8 AGGREGATE LIMIT APPLIES PER', GENERAL AGGREGATE 2,888,888 GE,rL POLICY PELT LOC PRODUCTS - WMPIOP AGG _$ $ 2,000,080 $ OTHER, AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMIT (Ea acrvden0 $ _ BODILY INJURY (Per $ ALL UT08 O SCHEDULED _ AUTOS _ AUTOS r i NON -OWNED HIRED AUTOS 1AUTOS I _ - BODILY roulde t (Per accitlengI T?DA PROPERTY -DAMAGE Per acc dent $ ___ r_ UMBRELLA LIAB (OCCUR 1, EACH OCCURRENCE �$ AGGREGATE $ EXCESS LIAB DED LAIMS-MADE RETENTIONS I C -.._ III COMPENSATION AND EMPLOYERS' LIABILITY VIN ANY PROPRIETORIPARTNERIEXECUTIVE OFFICERIMEMBER EXCLUDED? (Mandatory in NH) N/A STAID L PER TE ERH- E.L. EACH ACCIDENT_ S IE.L. DISEASE -EA EMPLOYEE ($ E.L. DISEASE -POLICY LIMIT _ $ It yes, deecf,bo Uodsr I DE SC RIPTION OF OPERATIONS below CScottsdale Ins. Co EKI3124465 04/04/2014 04/04/2015 D&O( EPL 1,000,000 B No. American Elite 'CW000135900042 12/03/2014 12/03/2015 BPP 10,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Addrional Remarks Schedule, may ke anachod It more space is required) The City of Santa Ana, its officers, employees, agents, and representative are named as additional insured per endorsment CG20370704 CERTIFICATE HOLDER CANCELLATION ,/U' -(5 1988-2pf4 AdORD CORPORATION. All rights reserved, ACORD 26 (2014109) The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Santa Ana 20 Civic Center Plaza AUTHORIZED R s Anv Santa Ana, CA 92701 I ,/U' -(5 1988-2pf4 AdORD CORPORATION. All rights reserved, ACORD 26 (2014109) The ACORD name and logo are registered marks of ACORD WEARER OP ID: WB ACS CERTIFICATE OF LIABILITY INSURANCE DATE(MMtDDHYYY) 01/3012015 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(les) 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 CONTNA,ACT Barba Insurance Brokerage PHONE House Account FAX" 11n c�io.,e.,te Q.—.+ a7nn ,.,r .,.. x...,.415 -78$-47Q0 .am.. Nom,• 415-788.4701 INSURED 94110 Elite of CA COVFRAr;F6 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, Santa Ana, CA 92701 ILTfl TYPE OF INSURANCE NSD 4ODLU POLICY NUMBERICExP MIaChI M W/YYYY IMMfDYDtYYYY LIMITS A (X JCOMMERCtAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,00 CLAIMS -MADE T OCCUR X 2014 -42084 -NPO 12x0312014 1210312015 PREMISES Bao carrrence _5 — ---, _ 500,00 MEDEXP(Anyorepersan) $ 20,00 PERSONAL &ADV INJURY $ 100,00 r GENL AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $ 2,000,000 RPOLICY 1 JECT El LOC PRODUCTS-COMPIOPAGG $ 2,000,000 OTHER•COMBINED $ LAUTOMOBILE LIABILITY ev)ewed l7 U by SINGLE LIMIT . $ Ea eccidanl J IANYAUTO BODILY INJURY (Per person) 1$ ALL OWNED - SCHEDULED BODILY INJURY (Per accident)'' 6 _AUTOS — NON-ONMED PROPERTY DAMAGE ! $ . HIREDAUTOS AUTOS n, (Peraccident) _.__ -. �$ _ _ � �' EACH OCCURRENCE $ UMBRELLA LAS IGCCUR r'1QICS1}/A� 1—fltra7litt`i ir, EXCESS UAB ', CLAIMS -MADE. AGGREGATE $ _ D D RETENTION$ ( $ WORKERS COMPENSATION J STATUTE ER AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNERIEXECUTIVE E.L. EACH ACCIDENT $ OFFICERIMEMBER EXCLUDED? ❑NIA (Mandatory In NH) E.L. DISEASE - EA EMPLOYEE $ If yes, describe under DESCRIPrIONOF OPERATIONS below E.L. DISEASE POLICY LIMIT $ _ C Scottsdale ins. Cc 04/04/2014 04/04/2015 !lorr EPL CW0004455 B No. American Elite CW000135900042 12/03/2014 12163/2015 IBPP I 10,000 —'1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if mom space is required) The City of Santa Ana, its officers, employees, apants and representative are named as additional insured per endorsment CG2670704 rGOTIctrtA TF Find rER CAK IIATIDIN ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Santa Ana ACCORDANCE WITH THE POLICY PROVISIONS. 20 Civic Center Plaza AUTHORIZED REPRESENTATIVE Santa Ana, CA 92701 ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD NOTEPAD wE WSURED'3 NAME Shift Design (fmr We Are What ID: W OP D: WS h respect to claims arising out of the operations and uses performed by on behalf of the named insured, such insurance is afforded by this icy is primary and is not additional to or contributing with any other urance carried by or for the benefit of the additional insureds. Reviewed by: Silvia Cuevas PRCSAIAdr"�" PAGE 2 Date 01/30/2019 POLICY NUMBER: 2014-42084- NPO COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organ izations : Location And Description Of Completed Opera - tions Any person or organization that you are required All insured premises and operations to add as an additional insured on this policy, under a written contract or agreement currently in City of Santa Ana effect, or becoming effective during the term of 20 Civic Center Plaza this policy. The additional insured status will not Santa Ana, CA 92702 be afforded with respect to liability arising out of or related to your activities as a real estate manager for that person or organization. The City of Santa Ana, It's officers, employees, agents, and representative are named as additional insured 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 include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the "products - completed operations hazard". The City of Santa Ana, it's officers, employees, agents, and representative are named as additional insured Reviewed by: Silvia Cuevas 3777 PRCSA/Admin. CG 20 37 07 04 0 ISO Properties, Inc., 2004 Page 1 of 1 0 POLICY NUMBER: 2014-42084- NPO COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Locations Of Covered Operations The City of Santa Ana, it's officers, employees, agents, and City of Santa Ana representative are named as additional insured 20 Civic Center Plaza Santa Ana, CA 92702 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(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: 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(s) at the location(s) desig- nated above. B. With respect to the insurance afforded to these additional insureds, the following additional exclu- sions apply: Reviewed by: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equip- ment 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 2. That portion of "your work" out of which the injury or damage arises has been put to its in- tended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a princi- pal as a part of the same project. Silvia Cuevas PRCSAIAdmin. CG 20 10 07 04 0 ISO Properties, Inc., 2004 Page 1 of 1 ❑ A, " a DATE IMM;oD1YYYYl �. CERTIFICATE OF LIABILITY INSURANCE 1112412015 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 PRODUCER Barbary Insurance Brokerage 280 California Street, Suite 700 San Francisco CA 94111 INSURED Shift (Design, Inc. 2655 Harrison Street San Francisco CA 94110 WEARE-1 rnNIGD A r:GC r FDTICIr ATF Kit nuicicD• 7OAr-rn1A7') OM11Cln1.' xui ueammn.. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD NAME: Paul Rogers TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE. AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, PHONE N , Extl.415-788 4700 (AIC, Nol. 415-788-4701 E-MAADDRESS; Paul @barbaryinsuraIcorn LIMITS A X COMMERCIAL GENERAL LIABILITY Y 2015-42084- NPO . 1213/2015 12!3/2016 INSURER(S) AFFORDING COVERAGE. MAIC # .....INSURER INSURER A;Nonprofits Ins Alliance of CA 524126 ..... B ;North American Elite $20.,000 '.... _... INSURER C: $1,000,000 _........... GERL AGGREGATE LIMIT APPLIES PER: '., INSURER D:: $2.000,000 X. POLICY PRO- JECT LOG INSURER E $2,000,000 ..._. .._. rnNIGD A r:GC r FDTICIr ATF Kit nuicicD• 7OAr-rn1A7') OM11Cln1.' xui ueammn.. 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 TYPE OF INSURANCE `ADDL SUBR. _.. POLICY EFF...... POLICY EXP LTR '.. INSD WVD'. POLICY NUMBER MM/DDffYYY MMIDDIYYYY LIMITS A X COMMERCIAL GENERAL LIABILITY Y 2015-42084- NPO . 1213/2015 12!3/2016 EACH OCCURRENCE $1,000,000 _... CLAIMS -MADE X OCCUR DAMAGE TO RENTED PREMISES IEaaccurrence). .... $500,000 ......_ MED EXP (Any one person) $20.,000 '.... _... PERSONAL &Al INJURY $1,000,000 _........... GERL AGGREGATE LIMIT APPLIES PER: '., GENERAL AGGREGATE $2.000,000 X. POLICY PRO- JECT LOG PRODUCTS - COMPIOPAGO $2,000,000 ..._. .._. OTHER w Liquor Liability $1,000,000 AUTOMOBILE LIABILITY . t(Ea COMBINED SINGLE LIMIT accident) $ ANY AUTO BODILY INJURY (Per Person) $ ' 6, ALL OWNED S'TOSIJLED *.q ,r AUTOS AUTOS � .......NONOWNED BODil INJURY (Per acddenI) .... $ WIR=DAUTCS -„yr, PROPERTY DAMAGE $ (Peraccident}„.. UMBRELLA LIAR OCCUR EACHOCCURRENCES _... 000 EXCESS LIAR CLAIMS -MADE p"� M1ji ....... .. AGGREGATE .... ... $ DED RETENTION $ '.... $ WORKERS COMPENSATION PER GTH- AND EMPLOYERS' LIABILITY YIN STATUTE ER_ .... ANY PR©PRIETORIPAR I NER/EX'ECUTIVE E.L. EACH ACCIDENT $ OFFICEWMEMBER EXCLUDED? []N NIA ...... '... (Mandatory in NH) '..,. '...... E . DISEASE - EA EMPLOYEE'.,.. $ If yes, descdbe under ....._ DESCRIPTION OF OPERATIONS below '.. E.. L_ DISEASE - POLICY LIMIT $ B Commercial Properly CWBOD135900142084 12/312015 12/312016 BPP Limit $10,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space Is required) City of Santa Ana is named as Additional Insured as required by written contract. I.CK I ir'11.,rA 1 C r1CJLLiCfC k A4Nk tL.L.A I IUN City of Santa Ana 20 Civic Center Plaza Santa Ana CA 92701 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY (PROVISIONS. AUTHORIZED REPRESENTATIVE I O 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 26 (2014/01) The ACORD name and logo are registered marks of ACORD M NONPROFITS INSURANCE AI I lrv.�k I ul GX1 11 ORNIA A Haudfor frPsutence. .4 Heart for rfonprofits. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED PRIMARY AND NON-CONTRIBUTORY ENDORSEMENT FOR PUBLIC ENTITIES, This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. SECTION 11 — WHO IS AN INSURED is amended to include any public entity as an additional insured for whom you are performing operations when you and such person or organization have agreed in a written contract or written agreement that such public entity be added as an additional insured(s) on your policy, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" arising out of, in whole or in part, by: 1. Your negligent acts or omissions; or 2. The negligent acts or omissions of those acting on your behalf; in the performance of your ongoing operations. No such public entity is an additional insured for liability arising out of the "products -completed operations hazard" or for liability arising out of the sole negligence of that public entity. B. With respect to the insurance afforded to these additional insured(s), the following additional exclusions apply. This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. 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 2. That portion of "your work" out of which 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. C. The following is added to SECTION III — LIMITS OF INSURANCE:. The limits of insurance applicable to the additional insured(s) are those specified in the written contract between you and the additional insured(s), or the limits available under this policy, whichever are less. These limits are part of and not in addition to the limits of insurance under this policy. D. With respect to, the insurance provided to the additional insured(s), Condition 4, Other Insurance of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS is replaced by the following: 4. Other Insurance a. Primary Insurance N09- I This insurance is primary if you have agreed in a writte t 4ract o,, 'dqen eement: NIAC E61 02 13 Page 1 of 2 (1) That this insurance be primary. If other insurance is also primary, we will share with all that other insurance as described in c. below; or (2) The coverage afforded by this insurance is primary and non-contributory with the additional insured(s)' own insurance. Paragraphs (1) and (2) do not apply to other insurance to which the additional insured(s) has been added as an additional insured or to other insurance described in paragraph, b. below. b, Excess Insurance This insurance is excess over: Any of the other insurance, whether primary, 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, lightning, or explosion 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 "property damage" to premises 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. (e) That is any other insurance available to an additional insured(s) under this Endorsement covering liability for damages arising out of the premises or operations, or products - completed operations, for which the additional insured(s) has been added as an additional insured by that other insurance. (1) When this insurance is excess, we will have no duty under Coverages A or B to defend the additional insured(s) against any "suit" if any other insurer has a duty to defend the additional insured(s) against that "suit" If no other insurer defends, we will undertake to do so, but we will be entitled to the additional insured(s)' rights against all those other insurers. (2) When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (a) The total amount that all such other insurance Would pay for the loss in the absence of this Insurances and (b) The total of all deductible and self-insured amounts under all that other insurance. (3) We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. c. Methods of Sharing If all of the other insurance available to the additional insured(s) permits contribution by equal shares, we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any other the other insurance available to the additional insured(s) does not permit contribution by equal shares, we will contribute by limits. Under this method c4l.insurer's share is based on it OPA of insuranc of all insurers. pt p )Iic the ratio of its applicable limit of insurance to the total ( ab CJ NIAC E61 02 13 Page 2 of 2 DATE (MMIDDfYYYY) CERTIFICATE OF LIABILITY INSURANCE,6/202017 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 CONTACT NAME: Della January Barbary Insurance Brokerage PHONEFA% 230 California Street, Suite 700 (AC,No, Ext): 415-788 4700 (AIC, Na), 415-788-4701 San Francisco CA 94111 ADDRESS: Della@barbaryinsurance.com INSURER A: Nonprofits Ins Alliance of CA 52412.6 INSURED WEARE-1 INSWRERB;North American Elite Shift Design, Inc. INSURER C: 2655 Harrison Street _ San Francisco CA 94110 � INSURER Vis. p ` G'" a d � tlNSURERE: rr)VI=Pnrl=G rFPT'IFIrATr tilIMFRFR. 201000064 RFVIGIr7N NnIMRPIP. 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 TYPE OF INSURANCE IN DL SUER - POLICY EFF POLICY E%P LIMITS ''..... LTR INS® YYVD POLICY NUMBER MMIDDlYYYY MMlD61'YYYY A X COMMERCIAL GENERAL LIABILITY Y 2016-42064-NPd 12!3!2016 12/312017 EACH OCCURRENCE 51,000,000 DAMAGE TO RENTED CLAIMS -MADE 1 X.._. OCCUR . PREMISES (Ea occurrence) 5600,000 MED EXP (Any one person) $20,000 i PERSONAL. & ADV INJURY $1'.,000,000.. GEN'L AGGREGATE LIMIT APPLIES PER. GENERAL AGGREGATE $2,000,000 X _ POLICYPRC LCC PRODUCTS - COMPIOP AGG $2,000,000 _.. JEGT OTHER: Liquor Liability $1,000,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT S (Ea accident) .. ALL O'u`JPJ b.✓ BODILY INJURY (Per person) $ ANY AUT ED SCHEDULED ! AUTOS AUTOS BODILY INJURY (Per accident) $ _. .. '"`w, NON -OND b w PROPERTY DAMAGE HIRED AUTOSAUTOS '. o (Per accident),,, $ UMBRELLA LIAR. CCCUR +k,O. �, EACH OCCURRENCE CLAIMS- $ EXCESS LIAR AGGREGATE. '..... DED ' RETENTIC7N$ MADE�'", ., WORKERS COMPENSATION '" ,` i PER OTH AND EMPLOYERS' LIABILITY STATUTE ER :ANY PROPRIETORIPARTNERYEXECUTVE F�.. N ! A ,^� ' E1 EACH ACCIDENT $ OFFICERIMEMBER EXCLUDED? _ . (Mandatary in NH) E.L DISEASE EA EMPLOYEE $ I'm describe Under .._ .._. .... __. DCRIPTION OF OPERATIONS below '... E.L DISEASE -POLICY LIMIT $ B Commercial Property 2016 -42084 -PROP 1213/2015 1213/2017 BPP Limit $10,000 DESCRIPTION OF OPERATIONS f LOCATIONS f'VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space Is required) The City of Santa Ana, its officers, employees, agents, and representative are named as additional insured per endorsement CG20370704. With respect to claims arising out of the operations and uses performed by or on behalf of the named insured, such insurance 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 insured. CERTIFICATE HOLDER CANCELLATION City of Santa Ana 20 Civic Center Plaza Santa Ana CA 92701 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE '.�.^dltir t� @ 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD NONPROFITS INSURANCE WMEM9 ALLIANCE OF CALUORNIA A Head for Insurance, A Heart for Nonprofits, 1:1610 [ova ilq 1111TJ 011151 WIDE I It 2111011:111 W, ILI 11191 g —_- I =:I*] I _--_!_5______ ADDITIONAL INSURED TRI'MARY AND NON-CONTRIBUTORY ENDORSEMENT, FOR PUBLIC ENTITIES This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. SECTION It — WHO IS AN INSURED is amended to include any public entity as an additional insured for whom you are performing operations when you and such person or organization have agreed in a written contract or written agreement that such public entity be added as an additional insured(s) on your policy, 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 negligent acts or omissions; or 2. The negligent acts or omissions of those acting on your behalf; in the performance of your ongoing operations. No such public entity is an additional insured for liability arising out of the "products -completed operations hazard" or for liability arising out of the sole negligence of that public entity. B. With respect to the insurance afforded to these additional insured(s), the following additional exclusions apply. This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. 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 2. That portion of "your work" out of which 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. C. The following is added to SECTION III — LIMITS OF INSURANCE: The limits of insurance applicable to the additional insured(s) are those specified in the written contract between you and the additional' insured(s), or the limits available under this policy, whichever are less. These limits are part of and not in addition to the limits of insurance under this policy. D. With respect to the insurance provided to the additional insured(s), Condition 4. Other Insurance of SECTION IV— COMMERCIAL GENERAL LIABILITY CONDITIONS is replaced by the f Aolng: 4. OtherInsurance Z6 a. Primary Insurance This insurance is primary if you have agreed in a written contract or w9n agreo Z NIAC-E61 12 15 Page 1 of 2 (1 ) That this insurance be primary. If other insurance is also primary, we will share with all that other insurance as described in c. below; or (2) The coverage afforded by this insurance is primary and non-contributory with the additional insured(s)'own insurance. Paragraphs (1) and (2) do not apply to other insurance to which the additional insureds) has been added as an additional insured or to other insurance described in paragraph b. below. b. Excess Insurance This insurance is excess over: 1. Any of the other insurance, whether primary, 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, lightning, or explosion 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 "property damage" to premises 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, (e) That is any other insurance available to an additional insured(s) under this Endorsement covering liability for damages arising out of the premises or operations, or products - completed operations, for which the additional insured(s) has been added as an additional insured by that other insurance. (1) When this insurance is excess, we wili have no duty under Coverages A or B to defend the additional insured(s) against any "suit" if any other insurer has a duty to defend the additional insured(s) against that "suit". If no other insurer defends, we will undertake to do so, but we will be entitled to the additional insured(s)' rights against all those other insurers. (2) When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (a) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (b) The total of all deductible and self-insured amounts under all that other insurance. (3) We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. c. Methods of Sharing If all of the other insurance available to the additional insureds) permits contribution by equal shares, we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any other the other insurance available to the additional insured(s) does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. L NIAC-E61 12 15 Page 2 of 2 POLICY NUMBER: 2016-42084 COMMERCIAL GENERAL LIABILITY CG 20 26 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. .�:�. L INA% *]JAN This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) 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 Information required to complete this Schedule, if not shown above, will be shown in the declarations. A. Section II —Who Is An Insured is amended to include as an additional insured the person(s) or organizations) shown in the Schedule, but only with respect to liability for "bodily injury„ "property damage" or "personal and advertising injury" caused, in whale or in part, by your acts or omissions or the acts or emissions of those acting on your behalf: 1. In the performance of your ongoing operations; or 2. In connection with your premises awned by or rented to you. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following Is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 9. Required by the contractor agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 26 04 13 O Insurance Services Office, Inc., 2012 Page 1 of 1 A�C_O�RO® CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDYfVYY) 03/29/2018 THIS CERTIFICATE IS ISSUED ASA 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(les) must have ADDITIONAL INSURED provisions or 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 endomement(s). PRODUCER CONTACT Donna Dicarlo NAME: Riverlantls Insurance Services Inc. A/c No Ext: (965) 652-5505 FA,C, No): (985) 652-4039 EMAIL ddlcarlo@rivins.ccm ADDRESS: 492 West 5th Street INSURER(S) AFFORDING COVERAGE NAICN MM/DDIYYYY Laplace LA 70068 INSURERA: Wesco Insurance Company 25011 INSURED /t '`�� 00q-01 Shift Design Inc (•�,F -f ) V INSURER B: INSURER C: 3121 Dauphine St , aO ky--Oo Lf INSURER D: INSURER E: CI -AIMS -MADE OCCUR New Orleans LA 70117 INSURER F: COVERAGES CERTIFICATE NUMBER: 18-19 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 AUDLSUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSO WVD POLICY NUMBER MMIDD/YYYY MM/DDIYYYY LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CI -AIMS -MADE OCCUR PREMISES Ea occunence $ 100,000 MED EXP (Any One person) $ 10,000 Y WPPIS9743900 01/12/2018 01/12/2019 A PERSONAL&AOV INJURY $ 1,000,000 GEN'LAGGREGATE LIMIT APPLIES PER: GENERALAGGREGATE $ 3,000,000 POLICY ❑ JECT E LOC PRODUCTS-COMPIOPAGG $ 3,000,000 $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ IT. accident BODILY INJURY (Per person) $ ANYAUTO OWNED SCHEDULED BODILY INJURY (Peraaident) $ AUTOS ON LY AUTOS PROPERTY DAMAGE $ Per awdent HIRED NON -OWNED AUTOS ONLY AUTOS ONLY UMBRELLA LAB iOCCUR _ `\ EACHOCCURRENCE E%CESS UAB CLAIMS -MADE AGGREGATE $ DEO I RETENTION $ VY $ WORKERS COMPENSATION A PER OTH- STATUTE ER AND EMPLOYERS'LIABILITY YIN (�Qj� nw' OFFICERIMEM ER EXCLUDED ANY ECUTIVE ❑ NIA �c/ J.,(�\ E.L. EACH ACCIDENT $ (Mantlatory in NH) E.L. DISEASE - EA EMPLOYEE $ If es, describe under Pa DESCRIPTION OF OPERATIONS below \ E.L. DISEASE - POLICY LIMIT $ Q� DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) The City of Santa Ana, its officers, employees, agents, and representative are named as additional insured with respects to the General Liability policy. The policy is primary and is not additional to or contributing. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Santa Ana ACCORDANCE WITH THE POLICY PROVISIONS. 20 Civic Center Plaza AUTHORIZED REPRESENTATIVE Santa Ana LA 92701 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: W PP1597439 00 COMMERCIAL GENERAL LIABILITY CG 20 26 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): CITY OF SANTA ANA, 20 CIVIC CENTER PLAZA, SANTA ANA, CA 92701 ; ITS OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES AND VOLUNTEERS. SectionAl — Who-I"nAnsured-is-amended to B. Wit"specLto-theJnsurance afforded -to -these include as an additional insured the person(s) or additional insureds, the following is added to organization(s) shown in the Schedule, but only Section III - Limits Of Insurance: with respect to liability for 'bodily injury', "property If coverage provided to the additional insured is damage" or 'personal and advertising injury' required by a contract or agreement, the most we caused, in whole or in part, by your acts or will pay on behalf of the additional insured is the omissions or the acts or omissions of those acting amount of insurance: on your behalf: 1. In the performance of your ongoing operations; 1 Required by the contract or agreemenT or or 2. In connection with your premises owned by or rented to you. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 26 04 13 © Insurance Services Office, Inc., gay �G Q D12 Page 1 of 1 CG2001 (04/13) PRIMARY AND NONCONTRIBUTORY -OTHER INSURANCE CONDITION IS ADDED IN FAVOR OF THE FOLLOWING: CITY OF SANTA ANA 20 CIVIC CENTER PLAZA SANTA ANA, CA 92701 Change in Tax Premium (Included in Total): REMOVAL PERMIT If this policy includes the Commercial Property Coverage Part, the Standard Property Policy, or the Capital Assets Program (Output Policy) Coverage Part with all property scheduled on the Scheduled Location Endorsement OP 14 01, the following applies with respect to that Coverage Part or Policy: If Covered Property is removed to a new location that is described on this Policy Change, you may extend this insurance to include that Covered Property at each location during the removal. Coverage at each location will apply in the proportion that the value at each location bears to the value of all Covered Property being removed. This permit applies up to 10 days after the effective date of this Policy Change: after that, this insurance does not apply at the previous location. IL 12 03 04 06 © ISO Properties, Inc., 2005 Page 2 of 2