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HomeMy WebLinkAboutDULAC ENTERPRISES (DBA BIG RED BUS)-2017INSURANCE ON FILE WORK MAN(PROCEED A-2017-011 UNTIL INSURANCE EXPIRES CiO ERKOFGOUNCII. DATE, A 2,j20a CONSULTANT AGREEMENT THIS AGREEMENT is made and entered into this j 741" day of January, 2017, by and between Big RED Bus & Long Beach Trolley ("Consultant") and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and taws of the State of California ("City"). A. The City desires to retain a consultant to provide a lunchtime trolley service in downtown Santa Ana, B. Consultant represents that Consultant is able and willing to provide such services to the City. C. in undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional 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: SCOPE OF SERVICES Consultant shall provide a lunchtime trolley service in downtown Santa Ana, which will operate Tuesday, Wednesday and Thursday between 11:30 a.m. and 1:30 p.m. as set forth in Exhibit A to this Agreement. In addition, Consultant will provide ADA compliant trolley/bus services pursuant to the attached proposal and bus route. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, a rate of $600.00 per day of trolley services. The total sum to be expended under this Agreement shall not exceed $93,600.00 (calculated as 3 days per week for 52 weeks) during the term of this Agreement. b. Payment by City shall be made within forty-five (45) 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. This Agreement shall commence on the date first written above and terminate on December 31, 2017, unless terminated earlier in accordance with Section 13, below. The Term of this Agreement may be extended upon 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 its 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, if the Consultant maintains broader coverage and/or higher limits than the minimums described below, the City requires and shall be entitled to the broader coverage and/or higher limits maintained by the Consultant: 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 $2,000,000 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 Insured's provisions. Consultant shall supply City with a fully executed additional insured endorsement in substantially the form attached hereto as Exhibit 13 upon execution of this Agreement. b, Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence for owned automobiles. C, Worker's Compensation Insurance. In accordance with the provisions of Section 3700 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: (1) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement, Certificates of Insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City. (ii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. e. If 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 terminate this Agreement. Such termination shall not affect 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, defend, and hold harmless the City, its officers, agents, employees, consultants, legal counsel, and representatives from liability for personal Injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims: (1) for personal injury, including death, and claims for property damage, arising from the direct or indirect operations of the Consultant or Its contractors, subcontractors, agents, employees, or other persons acting on its 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 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. The Consultant further agrees to Indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for legal 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. Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 3 8. CONFIDENTIALITY If Consultant received from the City Information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own Information of like importance, but in no event less than reasonable care, "Confidential Information" shall include all nonpublic Information. Confidential information Includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential Information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any Information that (a) has been disclosed In publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant and disclosed without an obligation of confidentiality; (d) Is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City, 9. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interest and shall not have Interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 10. 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: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) PA. Box 1988 Santa Ana, California 92702.1988 Facsimile (714) 647-6966 Caples to: and Executive Director of Community Development City of Santa Ana 20 Civic Center Plaza (M-25) P.O. Box 1988 Santa Ana, California 92702.1988 Facsimile (714) 647.6549 City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702-1988 Facsimile (714) 647.6515 To Consultant: James DuLac DuLao Enterprises 395 E. 0 Street, Unit 22 Long Beach, CA 90802 A party may change Its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. if sent by facsimile, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 11. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant regarding the subject matter herein, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail and will serve to fully supersede existing Agreement. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other Instrument that are inconsistent with, or in addition to, the terms or conditions hereof, shall not bind or obligate Consultant nor the City, Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 12. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any Interest herein without the prior written consent of the City and any such assignment,transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City, 13. TERMINATION This Agreement may be terminated by the City with or without cause upon thirty (30) days written notice of termination to the Consultant, In such event, Consultant shall be entitled to receive and City shall pay Consultant, compensation for all services rendered prior to the effective date of termination, 14. NON-DISCRIMINATION Consultant shall not discriminate because of race, color, creed, relation, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities or any activities under this Agreement. Consultant affirms that it Is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 15. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California, Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 16. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United Sates, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of Its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions, Said inability shall be cause for termination of this Agreement. 17. 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 City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is riot, 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. Signature Page to Follow IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: LI�5. cJ MARIAA D. D. HUIUIZAR Clark of the Gouneil .....• 11 , f *. Sor City M RECOMMENDED FOR Deputy CITY OF SANTA ANA Gerardo Mouet I Acting City Manager CONSULTANT — - dar6es Dut.ac Owner DuLac Enterprises, dba Big RED taus & Long Beach Trolley EXHIBIT A ROUTE AND STOPS MAP AND SCHEDULE ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY POLICY insurance CompanyCoxtv t?nGLr4Ldi This endorsement modes such Insurance as Is afforded by the provisions of Policy QZ relating to the following: 1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its officers, employees, agents, volunteers and representatives are named as additional Insureds ("additional insureds") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured, 2, With respect to claims arising out of the operations and uses performed by or on behalf of the named Insured, such Insurance as is afforded by this policy Is primary and is not additional to or contributing with any other Insurance carried by or for the benefit of the additional insureds. 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an Insured shall not offset any right which such person or organization would have as a claimant if not so included, 4. With respect to the additional insureds, this Insurance shall not be cancelled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 20 CMc Center Plaza, Santa Ana, California 92701, (Completion of the following, including countersignature, is required to make this endorsement effective,) Effective Policy # _ Issued to this endorsement form as a part of CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYYY) 8/21/2016 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 Ileu of such endorsement(s). PRODUCER TIB Transportation Ins Brokers 425 West Broadway, Suite 400 Glendale CA 91204_Igli,,,2lLuregul@tlblnsurance.com CONCT Jaure ul PHO. 818 x INSURER(S) AFFORDING COVERAGE NAIL A COMMERCIAL GENERAL LIABILITY CLAIMS -MADE ❑X OCCUR INSURERA:The BUrlln ton Insurance Co 907EW36284 INSURED BIGRE-1 INSURERS: Scottsdale Insurance Company 41297 Dulac Enterprises dba: Big Red Bus James Dulac INSURERC:General Star Indemnity Cc 37362 6400 E. Pacific Coast Hwy#158 Long Beach CA 90803 INSURER D: INSURER E: INSURER F DV INJURY $1,000,000 nAGGREGATE COVERAGES CERTIFICATE NUMFER. 648482432 REVIS!DN 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. INTRR TYPE OF INSURANCE ADULISUSH SD D POLICY NUMBER MfIIDDIYYYY POLICY EXP LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE ❑X OCCUR Y 907EW36284 4111)2016 4/11/2017 ENCE $1,000,000 ON UEe ce $100,000 ne arson) $5,000 DV INJURY $1,000,000 nAGGREGATE GE14L AGGREGATE LIMIT APPLIES PER; POLICY j�� E LOC REGATE- $1,000,000 OMP/OP AGO $1,000,000 $ OTHER: B AUTOMOBILE LIABILITY Y CAS0102437 6/16/2016 6/1612017 COMBINED SI NCLELI $ Es accident 1,000,000 ANY AUTO BODILY INJURY (Per person) $ ALL OWNED X SCryEOULED AUTOS AUTOS NEO HIRED AUTOS AUTOS AUTO$ BODILY INJURY Per accident) $ ( ) PROPERTY GE $ DAM Per accident _ C UMBRELLA LIAR X OCCUR Y IXG41916713 6/16/2016 6/1612017 EACH OCCURRENCE $4,000,000 X EXCESS LIAR CLAIMS -MADE AGGREGATE $ DED I RETENTION$ $ WORKERS COMPENSATIONPER AND EMPLOYERS' LIABILITY Yl N ANY PROPRIETOWPARTNERIEXECUTIVE ❑ OFFICER/MEMBER EXCLUDED? N/A OTH- STATUTE ER _ E.L. EACH ACCIDENT $ E.L. DISEASE -Eq EMPLOYE $ (Mandatory In NH) N yes, describe under E.L. DISEASE -POLICY LIMIT 6 DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS I LOCATIONS /VEHICLES (ACORD lot, Additional Remarks Schedule, may be attached if more space Is required) Certificate holder is included as additional insured as respects the operation of the named insured. r fIt, V, City of Santa Ana P.C. Box 1968 Santa Ana CA 92702 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. All rinhts ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD JPb® CERTIFICATE, OF LIABILITY INSURANCE �,/ DATE (MMIDOIVYYY) 11/1612016 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 Ilona of such endorsement(s). PRODUCER Brokers TIB TransWest Brotion adway, Suite 425 West Broadway, Suite 400 Glendale CA 91204 CONTACT Or'han Atanes an PHONE ,616.246-2600 Pns .818-246-4690 AUDAIL . oatanesyan@tibinsurance.com INSURER(S) AFFORDING COVERAGE MAIC 8 NSURERA:CA State Compensation Ins Fund 35076 INSURED B IG RE -1 INSURER B: Big Red Bus 6400 E. Pacific Coast Hwy#158 Long Beach CA 90803 INSURERC: INSURER D: DAMAGE TOREI D PREMISES Es occurmio) $ INSURER E: _ INSUR@R F COVERAGES CERTIFICATE NUMBER. 557370752 RFlnslnKI 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. ILSR TYPE OF INSURANCE SO POLICY NUMBER POLICY EFF MMDO EXP LIMITS COMMERCIALGENERAL LIABILITY CLAIMS -MAPF OCCUR EACH OCCURRENCE $ DAMAGE TOREI D PREMISES Es occurmio) $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMITAPPLIES PER: PRO- POLICY E—I JECIPRO- E]OC GENERAL AGGREGATE $ PRODUCTS - COMPIOPAGG $ It OTHER; AUTOMOBILE LIABILITY EMBIN EO SINGLE $ Ea scc 911k BODILY INJURY(F.,mason) $ ANY AUTO AUTOS NED SCHEDULED HIRED AUTOS NON -OWNED AUTOS BODILY INJURY (Per accldent) $ peraccldant E $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIM&MADE DED RETENTION $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOWPARTNERIEXECUTIVEE.L. OFFICERIMEMBCR EXCLUDED? L NIA 916866916 10/2712016 10/27/2017 X PER OTH- AT TE ER EACH ACCIDENT $1,000,000 E.L. DISEASE - EA EMPLOYE- $1,000,000 (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more apace is required) Officer Exclusion Applies - James Dulac ��qq h/ 9�y#Y�i.d eV 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. REPRESENTATIVE ©19882014 ACORD CORPORATION. All riahts rasA"ed. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD POLICYNUMBER: CAS0102437 COMMERCIAL AUTO CA 20 4810 13 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. Iff.111 I KAMu• This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: THE BIG RED BUS Endorsement Effective Crate: 06/21/2016 SCHEDULE Name Of Person(s) Or Organization(s): CITY OF SANTA ANA PO BOX 1988 SANTA ANA, CA 92702 Each person or organization shown in the Schedule is an "insured" for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Paragraph A.I. of Section II — Covered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms and Paragraph D.2. of Section I — Covered Autos Coverages of the Auto Dealers Coverage Form. CA 20 48 10 13 @ Insurance Services Office, Inc., 2011 Page 1 of 1 lm,.d Copy ASCOTTSDALE INSURANCE COMPANY"° CHANGE ENDORSEMENT NO.00l Policy No. CAS0102437 Effeotive©ate: 06-21--16 12:01 A.M., Standard Time COVERAGE PART INFORMATION -Coverage parts affected by this change as indicated by ®below. ❑ Commercial Property Commercial General liability ❑ Commercial Crime ❑ Commercial Inland Marine ❑ Commercial Auto NO CHARGE El CHANGE DESCRIPTION THIS POLICY IS AMENDED AS FOLLOWS: THE FOLLOWING ADDITIONAL INTEREST (ADDL INSURED) HAS BEEN ADDED TO THE POLICY: CITY OF SANTA ANA PO BOX 1988 SANTA ANA CA 92702 THE FOLLOWING ADDITIONAL INTEREST (LOSS PAYEE) IFAS BEEN ADDED TO THE POLICY UNITS#1--5 M & P TRANSPORTATION LLC 85 RIVERSEA RD SEAL BEACH CA 90740 UNIT#1: 1966 ROUTE MASTER BUS VIN#RML2703 STATED AMOUNT: $20,000 LESS: $1,000 DEDUCTIBLE UNIT#2: 1961 LEYLAND BUS VIN#RM598 S'T'ATED AMOUNT: $20,000 LESS: $1,000 DEDUCTIBLE UNIT#3: 1988 LEYLAND OLYMPIAN BUS VINOON107591988 STATED AMOUNT: $20,000 LESS: $1,000 DEDUCTIBLE UNIT#4: 1997 SPARTAN BUS VIN#4VZHR039XVCO24815 STATED AMOUNT: $15,000 LESS: $1,000 DEDUCTIBLE UNIT#5: 1987 FORD TROLLY BUS VIN#1FDNB60H2HVA67251 STATED AMOUNT: $20,000 LESS: $1,000 DEDUCTIBLE PREMIUM CHANGE Additional $NO CHARGE J Return $ NO CHARGE 1A.1 AUTHORIZED AGENT UTS-2441(6.92) 1hw,.d cony A SCOTTSDALE INSURANCE COMPANY" CHANGE ENDORSEMENT NO. on Policy No. CAS0102437 Effective Date: 06-21-16 12:01 A.M., Standard Named Insured DULAC ENTERPRISES INC. Agent No. 04068 I CHANGE DESCRIPTION (CONTD) I POLICY: M & P TRANSPORTATION LLC 85 RIVERSEA RD SEAL BEACH CA 90740 THE FOLLOWING ADDITIONAL INTEREST (ADDL INSURED) HAS BEEN ADDED TO THE POLICY: SEAPORT MARINA HOTEL 6400 E PACIFIC COAST HWY LONG BEACH CA 90803 THE FOLLOWING FORM(S) HAS BEEN ADDED: CA 20 48 10-13 DESIGNATED INSURED UTI -232 03-10 SCHEDULE OF LOSS PAYEE(S) UTS-244L (6-92) Mw,.d Capy Scottsdale Indemnity Company SCHEDULE OF LOSS PAYEE(S) Policy No. CAS0102437 Named Insured DULAC ENTERPRISES INC. DBA: THE BI Effective pate 06-21-2016 12:01 A.M. Standard Time Agent No. 04068 Covered Auto No. Loss Payee Name and Mailing Address Except for towing, all covered physical damage 'loss" is payable to you and the loss payee named below according to their interests in the "auto' at the time of the loss." 1-5 M & P TRANSPORTATION LLC 85 RIVERSEA RD SEAL BEACH, CA 90740 UTI -232 (3-10) insured copy ACC)R V CERTIFICATE OF LIABILITY INSURANCE 4114E(MMI DIYY" 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 TIB Transportation Ins Brokers 425 West Broadway, Suite 400 Glendale CA 91204 CONT CT Arc Jaure ui PHONE FAX , 818-246-2800 A . 818-246-4690 EMAIL DDRESS. ajauregui@tibinsurance.com INSURERS AFFORDING COVERAGE NAIC # 4/11/2017 INSURERA:The Burlington Insurance Co EACH OCCURRENCE $1,000,000 INSURED BIGRE-1 INSURERH:SCOttsdale Insurance Company 41297 INSURERC:General Star Indemnity Co 37362 Dulac Enterprises dba: Big Red Bus James Dulac GENERAL AGGREGATE $2,000,000 4140 Paramount Blvd„ INSURER D INSURER E; Lakewood CA 90712 INSURER F : Y COVERAGES CERTIFICATE NUMBER: 1285649919 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE INSR WVD POLICYNUMBER POLICY EFF MMIDDIYYYY POLICY EXP MM1DD[YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE X OCCUR Y 907BW39370 4/11/2017 41111201$ EACH OCCURRENCE $1,000,000 DAMA E TO RENTED PREMISES Ea occurrence $100,000 MED EXP (Any one person) $1,000 PERSONAL &ADV INJURY $1,000,000 GEN'LAGGREGATE LIMIT APPLIES PER: POLICYPRO- ❑ LOC JECT OTHER: GENERAL AGGREGATE $2,000,000 PRODUCTS - COMPIOP AGG $2,004,000 $ B AUTOMOBILE LIABILITY ANY AUTO ALL OWNED X SCHEDULED AUTOS AUTOS HIRED AUTOS NON -OWNED AUTOS Y CA50102437 6/1512016 6/16/2017 COMBINED SINGLE LIMIT$ Ea accident 1,000,000 BODILY INJURY (Per person) $ L BDIY INJURY Per accident O ( ) $ PROPERTY DAMAGE $ Per accident C X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE Y IXG419167B 6/16/2016 6/16/2017 EACH OCCURRENCE $4,000,000 AGGREGATE $ DED RETFN70M $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y I N ANY PROPRIETORIPARTNERIEXECUTIVE❑ OFFICERIMEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N 1 A PEROTH- STATUTE ER E.L. EACH ACCIDENT $ E, L, DISEASE - FA EMPLOYE $ E. L. DISEASE -POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space is required) Certificate holder is included as additional insured as respects the operation of the named insured. Gyp Zp,��l CERTIFICATE HOLDER CANCELLATION City of Santa Ana P.O. Box 1988 Santa Ana CA 92702 ACO RD 25 (2014101) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. REPRESENTATIVE ©1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD AC'C�RI'►�DlYYW) CERTIFICATE OF LIABILITY INSURANCE DATE (MMrn 7/13/2017 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 TIB Transportation Ins Brokers 425 West Broadway, Suite 300 Glendale CA 91204 CONTANAME: Arcy Jaure UI PHONE 818-246 2800 FAX 818-246-4690 E-MAIL a sure ui tlbinsurance.com 1 g @ INSUREI AFFORDING COVERAGE NAIC # 4/11/2017 INSURER A :The Burlin ton Insurance Co EACH OCCURRENCE $1,000,000 INSURED BIGRE-1 INSURERB:Scottsdale Insurance Company 41297 Dulac Enterprises dba: Big Red Bus -INSURER C:General Star Indemnity Co 37362 James Dulac GENERAL AGGREGATE $2,000,000 4140 Paramount Blvd., INSURER D: INSURER E: Lakewood CA 90712 INSURER F Y COVERAGES CERTIFICATE NUMBER: 586164736 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. ITR L TYPE OF INSURANCE INSD WVD POLICY NUMBER MM QDNYYY MPOLICY lYYYY LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE 7 OCCUR Y 907HW39370 4/11/2017 411112018 EACH OCCURRENCE $1,000,000 DAMAGE T RENTED PREMISES Ea occurrence $100,000 MED EXP (Any one person) $1,000 PERSONAL & ADV INJURY $1,000,000 GEI AGGREGATE LIMIT APPLIES PER: POLICY ❑ PRO- JECT El OTHER: GENERAL AGGREGATE $2,000,000 PRODUCTS - COMP/OP AGG $2,000,000 $ B AUTOMOBILE LIABILITY ANY AUTO AUTOWNED X AUHOSULED HIRED AUTOS NON -OWNED AUTOS Y CAS0102913 611612C17 6/16/2018 0 NED ac1I LE $1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ Per accident C X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE Y IXG419167C 6/1612017 6/16/2018 EACH OCCURRENCE $4,000,000 AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETORIPARTNERIEXECUT€VEElN!A OFFICERIEXCLUDED? MEMBER (Mandatory in NH) If yes, descrihe under DESCRIPTION OF OPERATIONS below PER CH - STATUTE ER E.L. EACH ACCIDENT $ E.L. DISEASE. EA EMPLOYE $ E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES (ACORD 161, Additional Remarks Schedule, may be attached if more space Is required) Certificate holder is included as additional insured as respects the operation of the named insured. �•�~ � I 1. e� ! CERTIFICATE HOLDER CANCELLATION Cit of Santa Ana P.O Box 1988 Santa Ana CA 92702 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. REPRESENTATIVE ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2414101) The ACORD name and logo are registered marks of ACORD