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HomeMy WebLinkAboutDREAM SHAPERS; DBA: THE LOS ANGELES DREAM SHAPERS, A CALIFORNIA DOMESTIC NON-PROFIT CORPORATIONINSURANCE NOT ON FILE WORK MAY NOT PROCEED CLERK OF COUNCIL N-2019-094 0 DATE: MAY 1 0 2019 INDEPENDENT CONTRACTOR AGREEMENT THIS AGREEMENT is made and entered into this 2nd day of May, 2019, by and between The Los Angeles Dream Shapers, a California Domestic Non -Profit Corporation doing business as Dream Shapers ("Provider") and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"), RECITALS A. The City desires to retain a provider to supply performers for various City Parks, Recreation and Community Services events. B. Provider represents that Provider is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Provider represents that it is knowledgeable in its field and that any services performed by Provider under this Agreement will be performed in compliance with such standards as may reasonably be expected. 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: L SCOPE OF SERVICES Provider shall supply performers on an as needed basis for City events, as more fully described in Exhibit A attached hereto and incorporated by reference. City staff shall request a Proposal from Consultant prior to the City event. The proposal shall not alter the terms of this Agreement but shall outline the date, time, specific perfonner(s), and their rate. The Executive Director or her designee shall confirm in writing acceptance of the proposal prior to th.e commencement of the City event. 2. COMPENSATION a. City agrees to pay, and Provider agrees to accept as total payment for its services the flat fees per event identified in Exhibit A, attached hereto and incorporated by reference. The total cost of services provided pursuant to this Agreement shall not exceed five thousand dollars ($5,000) during the term of this Agreement. b, Payment by City shall be made within thirty (30) days following receipt of Proper invoice evidencing work performed, subject to the City's accounting procedures. Payment need not be made for work that fails to meet the standards of performance set forth in the Recitals, which may reasonably be expected by the City, Page 1 of s 3. TERM This term of this Agreement shall commence on July 1, 2019 and terminate on June 30, 2020, unless terminated earlier in accordance with Section LJ below. 4. INDEPENDENT CONTRACTOR Provider 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 manner in which Provider performs the services which are the subject matter of this Agreement; however, tine services to be provided by Provider shall be provided in a manner consistent with all applicable standards and rcgulations governing such services. Provider 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. Provider is not an agent, representative or employee of City and Provider shall have no authority to act on behalf of the City. S• INSURANCE Prior to undertaking performance of work under this Agreement, Provider shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Provider 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 Provider'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,OOOper occurrence and $2,000,000 in the aggregate, including coverage of sexual misconduct. 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. b• Business automobile Liability insurance, or equivalent form, single Iitnit of not less than $ I,OOQ000 with a combined per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. c. Worker's Compensation Insurance. In accordance with the provisions ofCalifomia state law, Provider, if Provider 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, Provider agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident, Page 2 of 8 d. The following requirements apply to the insurance to be provided by Provider pursuant to this section: (i) Provider 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. 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. 1fProvider 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 affect Provider's right to be paid for its time and materials expended prior to notification of termination. Provider 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 Provider agrees to and shall defend, indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the direct or indirect operations of the Provider 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. The Provider 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 personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arising 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. This indemnification provision No. 6 shall survive any expiration or termination of this Agreement. CONFLICT OF INTEREST Provider covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 8. FINGERPRINTS AND BACKGROUND CHECK Provider, and any employees, subcontractors or substitutes, shall arrange for and submit their fingerprints for a criminal background check through the Department of Justice through the City's Unman Resources Department process. Consultant shall be responsible for all charges Page 3 of 8 associated with fingerprinting. Consultant, its employees and subcontractors, shall not perform any services pursuant to this Agreement until clearance is received and Consultant is notified by the City's Parks, Recreation and Community Services Department. 9. 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 snail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax (714) 647-6956 With copy to: Executive Director of Parks, Recreation and Community Services City of Santa Ana 20 Civic Center Plaza (M-23) P.O. Box 1988 Santa Ana, California 92702 Fax (714) 571-4211 To Provider: Dream Shapers P.O. Box 3831 Orange, California 92865 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 fax, 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 shalt be excluded, 10. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Provider 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, This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Provider. The parties agree that any terms or conditions of any purchase order or other Page 4 of 8 instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Provider or 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 is not embodied herein. 11. ASSIGNMENT The experience, knowledge, capability and reputation of Provider were a substantial inducement for City to enter into this Agreement. Therefore, Provider may not assign, transfer, or delegate, any interest herein without the prior written consent of the City and any such assignment, transfer, or delegation without the City's prior written consent shall be considered null and void. 12. TERMINATION This Agreement may be terminated by the City upon seven (7) days written notice of termination. In such event, Provider shall be entitled to receive, and City shall pay Provider, compensation for all services rendered prior to the effective date of termination. 13. RECORDS Provider shall keep records and invoices in connection with the work performed under this Agreement. Provider 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 City under this Agreement. Provider 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 City raider this Agreement. 14. NON-DISCRIMINATION Provider shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training utilization, promotion, termination or other employment related activities or in connection with any activities under this Agreement. 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, shalt 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, Page 5 of 8 lb. LICENSES Provider 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 States, the State of California, the City of Santa Ana and all other governmental agencies. 17. SEVERABILITY In the event that one or more of the phrases, sentences, clauses, paragraphs or sections contained in this Agreement shall be declared invalid or unenforceable by valid judgment or decree of a court of competent jurisdiction, such 'invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs or sections of this Agreement, which shall be interpreted to carry out the intent of the parties hereunder. 18. EXHIBITS All Exhibits referenced herein mid attached hereto shall be incorporated as if fiilly set forth in the body of this Agreement. 1.9. AUTHORITY The person(s) executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that be so executing this Agreement, the parties hereto are formally bound to the provisions of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. t yf� n • ¢1 M'LA' APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By:< LAURA A. ROSSINI Senior Assistant City Attorney CITY OF SANTA ANA I INE RIDGE City Manager [Signatures continue on the next page] Page 6 of 8 RECOMMENDED FOR APPROVAL: CONSULTANT: DREAM SHAPERS s EAp ive Director of Parks, Recreation and Community Services Agency Page 7 of 8 EXHIBIT A SCOPE OF SERVICES/FEES Page 8 of 8 Exhibit A SCOPE OF SERVICES VENDOR INFORMATION: Dream Shapers P.O. Box 3831 Orange CA 92865 (714)771-1981 EVENT: Variety Type Performances SERVICE DATE(S): July 1, 2019 through June 30, 2020 COMPENSATION: Not to exceed $5,000 DESCRIPTION: This vendor may provide entertainment performances from the list below for the period of July 1, 2019 through June 30, 2020. The total amount for this Agreement shall not exceed $5,000. The various performances will range in cost per the list below and is at a cost per performance. Performances will be presented at any of the following locations: Main Library, 26 Civic Center Plaza, Santa Ana CA 92701, the Newhope Library Learning Center, 122 N. Newhope Street, Santa Ana CA 92703, Centennial Regional Park, 3000 W. Edinger Avenue, Santa Ana CA 92704 and Plaza Calle Cuatro- 325 E. 4"h St., Santa Ana CA 92701. Location, Date of event and event time will be mutually agreed in writing by the parties when scheduled. The City will be responsible for setting up the space for the patrons attending and advertising the program, Vendor will be responsible for providing all equipment, materials, supplies and personnel necessary to perform the act. City staff will be present at all times during the performance. List of Performers — Types of Performances — Rates Brettso the Great (magic, balloons) $300 Ken Frawley (music, storytelling, puppets, trick roping) $325 Joe Gandelman (ventriloquism) $300 Rebecca Martin (storytelling, puppets) $300 Michael D. McCarty (storytelling) $330 Chazz Ross (percussion) $345 Christopher Yates (circus acts includin 'uggling, balloons, unicycle, stilt walking, music, magic) $320 Ranger Jack (music, puppets) $345 Teresa Smith (dance) $325 Arty Loon (magic, balloons, puppets) $325 Auntie Kayte (children's music) S300 Dennis Fore[ (balloons) $315 George Frawley (American Sign Language) $325 Zoomation (animals, puppets, songs) $325 parr® CERTIFICATE OF LIABILITY INSURANCE DArE,AIA°DIYYY pen5nnte S CERTIFICATE IS ISSUED ASA MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS RTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED RY THE POLICIES F OW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTEA CONTRACT BETWEEN THE ISSUING INSURER)S), AUTHORIZED RESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the cortllicato holder Is an ADDITIONAL INSURED, the policy(fes) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, sub)ect to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsermant)3). PRODUCER NNMaA DlAnna Merin Insurance Agency PCNa ear; (9181 T84.9070 NXx (918)7840158 C No: 50$ Vernon Street li AppNE69: diannaQAli —Irence,wre INSUgaR9AFFOROINO COVERAGE NAICP Re INSURERA: mur Insurance Alliance of California NwgINSURFRB: 0111145 CA 95678 INSSUREDURED Slate Compensation insurance Fund $5078 The Lq3 Angeles Dream Sh0pCr3 INSURER C: P.O. Box3831 INSURER D s INSURER 9 Orange CA 92885 INSURERF enveo Anre .. .,, ......,....... c: THIS IS 70 CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVEFOR HE POLICY ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANOINO ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHERDOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN M SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. wa AD TR TYPE OF INSURANCC IN80 POLICYNUMBER L SIM/0 AIEUDO LIMITS x , COMMCRCIALGENERALUABIUN EACHbC.CURgCNCE S 1,000,000 PR TI r3 (Eaaxurmrcel- 6 500,000 CLAIMS -MACE �CCCUR Liquorliabllily x, MEOExP(nn pne arson S 20,000 A Y 2018-08609NP0 00/13/2018 03/13/2010 $1,000,000M.Cog000 PEA6OIaAl1 AAYINJURY 3 11000,0 00 LIMIT APPLIES PER GENERALAOMEOAIE S 2.000.00(1 bEMLAGGREOATE PRODNCTS•COMPIOPAGG S 2.000.000 POLICY ❑ JET ® LCC Mr. S AUTOMOBILE LIADILIN Ea aaNgos UMIANY S 1,OOQp00 eOmLY INlURY(Par parsanl S A OWNeOTO SCHEDULED 8001LYMJURI'(Per.Wdano 3 AUTDS ONLY AurOs AWVOS Auros, 2UI8.08609NPO 0611342018 03/132019 HIRED NON OWNED x P rauitlentArA 6 AIJTG9 ONLY AUTOS WILY CompICOII deductible 6 50D MBRELIALIA8 OCCUR ;EXCES3LIAO EACHOCCURRENCE - 3 _ S CLAIIAC-MADEAOOREGAFE en REFENTION 9 5 WORRE SCOST NOAIION AND EMPLOYERS' UAWLITY YIN --" x TA�L B ANY PROPRIEV)PIPARTNERlEXECUTIVE OFFICER/MEMBER exGLdDED? ❑ N/A 9015327-98 08/0$/2078 06108/2019 E.t. FACH Af,GiDENT S 1,000,000 (Mandatorvin NH) 11yyaa. tlaem"under EL.CISWE•EAEMgLOYE1 S 1,000,000 OESCRIPfW lM'PERADONS W. E 6. DISEASE, POLICY LIMIT 4 11000.000 OESCgIPiION OF OPERATIONS/LOCAtI0N61 VEHICLE6 IAGGRO tot, 0.ddiHanal R+mmksaebedula, may ba a a,mbetlammAeF+c+1. nquhetll �`T The City of Santa Ana, its officers, agents, employees and volunteers are named additional insured under their contract terms. Coverage Is0Bifr 8nd nonconldbutory and Form CD 20 28 applies -y1\ SHOULD ANY OF THEASOVE ESCRIBEfTyg51 ESEECANCELLEDBEFORE THE EXPIRATION DATE THEREOF, NOTICPP WILL BE DELIVERED IN City of SenlaAna ACCORDANCE WITH THE POLICY PROVISIONS. 20 Civic Center plaza AUTHORRED REPRESENTAOVE Santa Ana ca 92701 m 1988-2015 ACORD CO PORATION. Aff7ights reserved, —^•- r ••••.v, ern Aa vnu name anu logo are registered marine of ACORD POLICYNUMBER: 2018-08609NPO COMMERCIAL GENERAL LLIBILITY CG 20 26 Od 13 THIS ENDORSEMENT CHANCES THE POLICY. PLEASE READ IT CAREFULLY, ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement mortifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE [Name Of Additional Insured Person(s) Or Or2anizationfsl 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 Tenn of this policy. The additional hatred status will not be afforded with respect to liabilityarising out of or related to your activities as a real astute manager for that person or organization. The City of Santa Ana, its officers, agents, employees and volunteers are named additional insured under their contract terms. Coverage is primary and non-contributory and Form CC 20 26 applies Lilurnuuion require([ to complete this Schedule, if riot shown above will be shown in the Declarations, A. Section II - Who Is An Insured is amended to included as an additional insured the person(s) or organizution(s) shown in the Schedule, but only with respect to liability for "bodily injury" `°property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: I. In the performance of your ongoing operations; or 2. In connection with your premises owned by or rented to you. However; I. The insurance afforded to such additional insured only applies to the extent permitted by late; and 2. If coverage provided to Lite 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 I I t — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay oil behalf of the additional insured is the amount of insurance: I. Required by the contract or 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 shower in the Declarations, 611.. Gee• '��. �gG CG 20 26 04 13 CoplriOt, Insurance Services Office, bee, 2012 Page t of 1 NMNONPROFITS POLICY NUMBER:2018.08609 FORM: NIAC-E61 1117 INSURANCE NAMED INSURED: Los Angeles Dream Shapers (The) AMANC£ 4F CAUTORNIA - gHaadJorrnsuranca.ANaartJorNanprojlts. 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 SCHEDULE Name of Person or Organization: (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 any public entity as an additional insured for whom you are performing operations, who may be named in the schedule above, when you have agreed in a written contract or written agreement that such public entity be added as an additional insureds) 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 pubic entity. S. 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(%) 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 th written contract between you and the additional insured(s), or the limits available under this policy, wl less. These limits are part of and not in addition to the limits of insurance under this policy. 2�\ �.� NIAC-E61 11 171`�1 5�,� Page 1 of 2 Q�G ®NONPROFITS POLICY NUMBER:20W0860g FORM: NIAC-E61 1117 INSURANCE NAMED INSURED: Los Angeles Dream Shapers (The) ALLIANCE OP CALIFORNIA A HoadJarinsuronas. AHeart/orNonprolits. D. A. 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. Otherinsurance a. Primary Insurance This Insurance Is primary if you have agreed In a written contractor written agreement (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 noncontributory 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: 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. (a) Any other Insurance available to an additional insured(s) under this Endorsement covering liability for damages which are subject to this endorsement and 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(&) 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 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 co(ofirst. If any other the other insurance available to the additional Insured( &)doe permit contri on by equal shares, we will contribute by limits. Under this method, each In s share Is based on the ratio of its applicable limit of insurance to the total applicable limits of iaLeCtes,Io4all ins rs: NIAC•E61 11 17 Page 2 of 2 V WORKERS' COMPENSATION DECLARATION I a( agf "'_ruby affirm under penalty of perjury, the (Name/Title) following declaration: I certify on behalf of 3' IV( -2kWA al�uring the term of my (Consulm t(Company Name) contract for X ,UW V`-N 7& ( services with the City of Santa Ana, I will not employ any person in any manner so as to become subject to the workers' compensation laws of California, and agree that ifI should become subject to the workers' compensation provisions of Section 3700 of the Labor Code, I shall forthwith comply wit_h,, those provisions and provide proof of workers' compensation coverage. DATE:I� —1 By: Name: Title: Cnt Gt . Telephone: WARNING: FAILURE TO SECURE WORKERS' COMPENSATION COVERAGE IS UNLAWFUL, AND SHALL SUBJECT AN EMPLOYER TO CRIMINAL PENALTIES AND CIVIL FINES UP TO ONE HUNDRED THOUSAND DOLLARS ($100,000), IN ADDITION TO THE COST OF COMPENSATION, DAMAGES AS PROVIDED FOR IN SECTION 3706 OF THE LABOR CODE, INTEREST, AND ATTORNEY'S FEES.