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BRIGHT LIFE DESIGNS
INSURANCE ON FILE OCT � � N-2019-224 WORKMAY %ROCEED 2C' c1:. w F COUtJGil DATE: 9- O"Gor' (1) AGREEMENT FOR HOLIDAY DECOR IN DOWNTOWN SANTA ANA 1. t Cw\ 1 a WITH BRIGHT LIFE DESIGNS AND CITY OF SANTA ANA THIS AGREEMENT is made and entered into on this 30al day of October, 2019 by and between BRIGHT LIFE DESIGNS, LLC, a California limited liability company ("Contractor"), 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 contractor having special skill and knowledge in the field of: installation and storage of various holiday decor such as garland with double bows, holiday decor string lights for trees, and the construction of new double bow accent garland kits with bows. B. Contractor represents that Contractor is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional contractor 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: 1. SCOPE OF SERVICES Contractor shall perform during the term of this Agreement, the tasks and obligations, including all labor, materials, tools, equipment, and incidental customary work, required to fully and adequately complete the services described and set forth in the Scope of Services attached hereto as Exhibit A and incorporated herein by reference. 2. COMPENSATION a. City agrees to pay, and Contractor agrees to accept as total payment for its services for City, the rates and charges identified in the Compensation attached hereto as Exhibit B and incorporated herein by reference. The maximum amount to be expended for this Agreement shall not exceed $29,050. 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. 3. TERM This Agreement shall commence on October 30, 2019, and continue for one (1) year, unless terminated earlier in accordance with Section 15 below. The term of this Agreement may be extended upon a writing executed by the City Manager and City Attorney. 4. INDEPENDENT CONTRACTOR Contractor 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 Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor 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. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Contractor under this Agreement ("Documents & Data"). Contractor shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data which were provided to Contractor by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 6. INSURANCE Prior to undertaking performance of work under this Agreement, Contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Contractor shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and 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 Contractor'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, with $2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self-insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. 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 3700 of the Labor Code, Contractor, if Contractor 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, Contractor agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Contractor is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim with $2,000,000 in the aggregate. e. The following requirements apply to the insurance to be provided by Contractor pursuant to this section: i. Contractor 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 by the City. iii. 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. iv. Where the amounts or coverage provided by the certificates of insurance provides coverage greater than those listed by this Agreement, the amounts provided by the certificates of insurance shall be incorporated by reference into the Agreement. V. Contractor shall supply City with a fully executed additional insured endorsement. f If Contractor 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 Contractor's right to be paid for its time and materials expended prior to notification of termination. Contractor waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 7. INDEMNIFICATION Contractor agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, 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 death, and claims for property damage, which may arise from the negligent operations of the Contractor, its 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 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 Contractor 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 challenging the validity of this Agreement, or 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. Notwithstanding the foregoing, to the extent Contractor's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor. 8. INTELLECTUAL PROPERTY INDEMNIFICATION Contractor shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Contractor to the City pursuant to this Agreement. 9. RECORDS Contractor shall keep records and invoices in connection with the work to be performed under this Agreement. Contractor 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 Contractor under this Agreement. All such records and invoices shall be clearly identifiable. Contractor 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. Contractor 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 Contractor under this Agreement. 10. CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor 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 Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City. 11. CONFLICT OF INTEREST CLAUSE Contractor 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 tinder this Agreement. 12. NON-DISCRIMINATION Contractor 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, training, utilization, promotion, termination or other employment related activities. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor, 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 unauthorized representative of Contractor. 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 and conditions hereof, shall not bind or obligate Contractor 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. 14. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor 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 contractors s retained by City. �9 04 i ii`►/:V Y C�]i;l This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Contractor to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 16. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 17. 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. 18. PROFESSIONAL LICENSES Contractor 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. Contractor 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. 19. 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 fax 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) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax: 714- 647-6956 With courtesy copies to: Steven Mendoza, Executive Director, Community Development Agency City of Santa Ana 20 Civic Center Plaza (M-25) P.O. Box 1988 Santa Ana, California 92702 To Contractor: Joe Castro Owner BrightLife Designs, LLC 16291 Gothard St. Huntington Beach, CA 92647 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 shall be excluded. 20. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below 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 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. {Signatures on following page) IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: --/Daisy Gomez I{ristine Ridge .- Clerk of the Council to City Manager APPROVED AS TO FORM: CITY OF SANTA ANA SONIA R. CARVALHO Cit By: Ry Ass CONTRACTOR: y an Attorxe O. ge 7o astro istant Ny Atto ey U ner RECOMMENDED FOR APPROVAL: Steven Mendoza Executive Director Community Development Agency EXHIBIT A SCOPE OF SERVICES Contact future:: Julie Castro -Cardenas Title: Economic DeveiopmerA Speciahat 11 Client flame: City of Santa Ana Entail: jmstro-cardenas@santa-ana.org Phone:f714j 647-6585 October 11, 2019 City of Santa Ana Holiday Invoice #1078 "Scope of Services" Installation, Removal &. Storage of iustomerOwned Decorations SUMMARY REPORT: - Bowand Garland Decor on Lamp Posts - Mmiiight Straps on Palmsand nBehar Trees Lighted Element Tree Enhancement option (see separate -Spec Sheet). DETAILED REPORT: Existing Lamp Post Decor — on 4F11 Street (from French St. to Ross St.) - Imstallationofseventy 170) tight Pasts with SO' sections of decorated garland two(2tity) perpole. Customer owned. decorations. Frice includes tabor for installation, removal & storage of customers decor. - (1401 of24" Rail with gold trim. Each Light Post will haves bow on einxerside,(2) bowsperpole. Cost Per kit is $145 each.. Price $10,150.00 Purchase of New Light Pole Kits - Mine f9) New 24 Double Bow Accent Kit with Gold Bow, 101 of Mountain Pine Garland with Red and Gold Daror. Unlit. - LaborAstoragefor Nine(91 New 24" Double Bow Accent Kit(2)gold bavv, IT of Mountain Pine Garland with Red and gold decor.. un0t. Purchase of New Kits Price Per Each $450.00 Labor Installation, Removal &. Storage Per Each $150.00 Total 55,400.00 Tree Wraps — on 4th Street tnsta lation and removal of Warm White LED mini lights on Thirty4ix (36) tines on 4o street. Thirty-six (36) Trees will be wrapped whh warm-whhe LED mini lights, 4" spacing and wrapped approximately 12-15' high up the tree.AppmximatelyTen (10) light strands will be used on each tree on average. Power islocated at the bottom of each tree. Rental Price 13,500.00 Rental: Yes, Installation & Removal Services, Holiday Decor Purchase: Yes., New Garland Bow packages Installation Date: First week of Nov. 1st 2019-Tree Lights earlier it applicable Working Hours: Business Hours & Night Hours Strike Date: First Week of January 2020 Installation Address: Downtown, Santa Ana, CA 90745 EXHIBIT B COMPENSATION $ 10, 150 — Installation & removal of 70 light -post holiday decor $ 5,400 — Purchase of New Light Pole Kits (qty. 9), install and remove holiday decor $ 13,500 — Install & remove tree wrap string lights on 36 trees in Downtown Santa Ana $ 29,050 — Total CERTIFICATE OF LIABILITY INSURANCE OATEPAINODIYYYY) THIS CERTIFICATE IS ISSUED AS CERTIFICATE N MAT R OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE DOES NOT AFFIRM BELOW. TIVEL HOLDER18T/HI$19 OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THIS CERTIFICATE OF It REPRESENTATIVE SURO THE POLICIES CE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED OR PRODUCE I. AND HE CERTIFICATE HOLDER. IMPORTANT: If the oertificato hol If SUBROGATION 13 WAIVED, sub) er is an Ct tot ADDITIONAL INSURED, the polioy(ies) must have ADDITIONAL INSURED provisions or be endorsed. a terms and this certificate does not confer rig is to th conditions of the policy, certain policies may require an endorsement. A statement on certificate holder m ileu of such endorsement a. ONTO NBMe;_..�. Nica LLorin PRODUCER B2 Insurance Service 1426 Aviation Blvd, S Ito 20 _ HONE 'f-�---._..-.__..�. I 424 2O 400 ( gn11424)888.766@. Redondo Beach, CA 9 278 4-MAIL cooapas_.._ ,Ica 1) ineurance._com License #: 0122661 INSURPWRI AFpnenlun cnvenxnv INSURED Brightlife Designs 16291 Gothard at Huntington Beach, rnvPaencc INDICATED,MAYBISSUE ANY INDI A E CERTIFY THAT THE NOTWITHSTANDING LICIANY CERTIFICATE MAY BE ISSUED OR MA EXCLUSIONS AND CONDITIONS OF SU LTR TYPE aF INSVMNCE A X COMMERCIALOENERALL ARIDTY CLAIM&MADE L� OCCUR -..-.._.. ___ _.._. --- s.m..v._......� GFN'LAGGREGATE UqMITAPjjP``U�EE )S PER; X POLICY n JEtT LOC 0 HER: _•-•••• S OF IN EQUIR H RTAI -POU A OL8 I ( ._ Y •�•-•-..,.,�,:,., vvUUvv,U-U REVISION NUMBER: 26THI--_-- ENT, E LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD MENT, TERM OR CONpIT10N OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS , THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, IES. UM ITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. a OLIC Mean T')'OLI DN - PO DITCYLIMITB Y BL358766204 100/31/2019'08131/20201I� E�ACHOCCURRENCE 5 1 0000 j DA1YrAGF T-d I:NTEo `-"' L —, EMI E Ee occurmnc� 8 600,900 .MEDEXP(Nlyone pennon) .... 15,U00- SONALa PER 1 -- �Q00 > AW INJURY i--000 000 OENEftgI AGGREGATE S . 2 U00010 iPRODUCTS-COMB/oPAGG S_ _ 2100Q1000_ $ Y BRAU048580 �1010912019 10/09/2020 (Eaa TEE' - LIT s 10 00 0 g AUTOMOBILE LIADIL ANY AUTOy� OPMFD SCHEDULED AUTOS ONLY AUTOS . BODILY INJURY(PR parson) S ! xHIRED NON -OWNED 90DILY INJURY (Pon accen ne l i- AUTOS ONLY AUTOSONLY C UMFIRE LLAL4IB ,OCCUR XC ERS8 LIAR Y Y ESA58766204 0813112019 08/31/2020 EACHOCCURRENCE S 2000,000 -- WIIMGMA D D X RETENTIONS N E _....-_._ __�„ I AGGREGATE. ___� S .2 000,OOU �S WORKERS COMPENSATION AND EMPLOYERfr'LIga141TY YiN _ FR OTH- S TATIlTEa___�._E.B..._ ANY PROPRIETORIPARTNER)EXEMIVE OFFICEWMEMBER EXCLUDED? N/A I E.L EACH ACCIDENT $ (Marnafury in Min Ryyes, tleswibe tnl0er DESCRIPTION OFOPERATIONa pel (L DISEASE -FA EMPLOYE S ^T EL DISEASE•Pou IMIT 8 C'9-- DESCRIPTION OF OPERA¶ONS I LOCAngNS/VEI City of Santa Ana, its officers, em IDLES (A loyoo OR0101, AAtlinonal Rem I oa hetl it mamapapa le roRUlretl) r ( �{� j0 i�'tv- tilti@nai Insureds with respeoloo�C and Auto Liability per the attache Non•C@ntributory - end Shera�l Liability do of} ,�rtag�tjy jdtttttfDontract. insurance is Primaryaf , 1 232019 CD-4 2 C:S-- CERTIFICATE HOLDER City of Santa Ana - 4th Floor 20 Civic Center Pla Santa Ana, CA 9271 ACORD 25 (2016103) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Division THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. ©1988.2015 ACORD CORPORATION. All rights reserved, name and logo are registered marks of ACORD Printed by NU. on October 18, 2019 at 09:05AM i Policy #BLS58756204 x COMMERCIAL GENERAL LIABILITY CG 88 10 04 13 THIS EN JORSE�MENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CO ME CIAL GENERAL LIABILITY EXTENSION This endorsement modifies insur nce provided under the following: COMMERCIAL GENER L LI BILITY COVERAGE PART MM S,VSjECT PAGE NON -OWNED AIRCRAFT 2 NON -OWNED WATERCRAFT 2 PROPERTY DAMAGE LIABI ITY -ELEVATORS 2 EXTENDED DAMAGE TO P OPEI ZTY RENTED TO YOU (Tenants Property Damage) 2 MEDICAL PAYMENTS EXTENSION 3 EXTENSION OF SUPPLEME TAR PAYMENTS - COVERAGES A AND B 3 ADDITIONAL INSUREDS - E Y COI ITRACT, AGREEMENT OR PERMIT 3 PRIMARY AND NON-CONTF IBUT O RY- ADDITIONAL INSURED EXTENSION 5 ADDITIONAL INSUREDS - E KTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE" 8 WHO IS AN INSURED - INCIDENTAL INSURED -FELLOW EMPLO fEE EXTENSION MEDICAL ERRORS/MALPRACTICE AND WHO IS AN -MANAGEMENT EMPLOYEES 8 NEWLY FORMED OR ADDIT ONAL LY ACQUIRED ENTITIES 7 FAILURE TO DISCLOSE HA2 ARDS AND PRIOR OCCURRENCES 7 KNOWLEDGE OF OCCURRE NICE, OFFENSE, CLAIM OR SUIT 7 LIBERALIZATION CLAUSE 7 BODILY INJURY REDEFINE 7 EXTENDED PROPERTYDAMAGE 8 WAIVER OF TRANSFER OF RIGHT OF RECOVERY AGAINST OTHERS TO US - WHEN REQUIRED IN A CON rRACT OR AGREEMENT WITH YOU 8 i CG 88 10 04 13 Includes copyri hted matodal of Insurance Services office. Inc., with Its permission. Page 1 of 8 Policy #BL85$756204 Is. The last Exclusions from autor you with I Rented To 2. Paragraph 8. 0. Subject to P pay under G a. Any one (1) Whit (2) Whil sph bf subsection 2. Exclusions is replaced by the following: hrou h n, do not apply to damage by Ore, lightning, explosion, smoke or leakage Ore protection systems to premises while rented to you or temporarily occupied by ssior of the owner. A separate limit of insurance applies to Damage To Premises as d scribed In Section III - Limits Of Insurance. Sect on III - Limits Of Insurance is replaced by the following: grap 1 8, above, the Damage To Premises Rented To You Limit is the most we will rage A for damages because of "property damage" to: tems; or b. Contents hai 3. As regards covers e YOU (Tenant's Pr e 9.a. A contract for a let that indemnifie at leakage from 3utor occupied by y)u w that are Includc d in E. MEDICAL PAYMENTS If Coverage C Medical are amended as fdllows Under Paragraph (b) of Paragraph a. (b) The expenses F. EXTENSION OF SUPPL 1. Under Supplement Is. Up to $3,000 f out of the use to furnish thes, 2. Paragraph 1.d, is re d. All reasonable defense of the off from work. G. ADDITIONAL INSURED; to you; or I to you or temporarily occupied by you with permission of the owner for fire, lightning, explosion, smoke or leakage from automatic protection sys- rent or lease as part of a premises rental or lease agreement. Jed by this provision D. EXTENDED DAMAGE TO PROPERTY RENTED TO image) - Paragraph 9.a, of Definitions is replaced with the following: of premises. However, that portion of the contract for a lease of premises >erson or organization for damage by fire, lightning, explosion, smoke, or fire protection systems to premises while rented to you or temporarily the permission of the owner, or for damage to contents of such premises it premises rental or lease agreement, is not an "insured contract". Is not otherwise excluded, the Medical Payments provided by this policy Agreement of Section I - Coverage C - Medical Payments, Subparagraph by the following: J and reported within three years of the date of the accident; and PAYMENTS -COVERAGES A AND B ments - Coverages A and B, Paragraph 1,11s. is replaced by the following: of ball bonds required because of accidents or traffic law violations arising rehlcle to which the Bodily Injury Liability Coverage applies. We do not have by the following: Incurred by the Insured at our request to assist us in the investigation or "suit", including actual loss of earnings up to $600 a day because of time -BY PONTRACT, AGREEMENT OR PERMIT 1, Paragraph 2. under Secti n 11 -Who Is An Insured is amended to include as an Insured any person or organization whoml you ave agreed to add as an additional insured in a written contract, written agreement or perm . Su h person or organization is an additional Insured but only with respect to liability for "bodily Injury" "property damage" or "personal and advertising injury" caused in whole or in part by: a. Your acts or om ssion- or the acts or omissions of those acting on your behalf, In the performance w your on ee t p. lions for a additional insured that are the subject of the written contract or written agreem nt p vided t t the "bodily injury" or "property damage" occurs, or the "per- sonal and adver isinginjJiv" mmitted, subsequent to the signing of such written contract or written aoreemelt o Liberty Mutual InsuranceCG 88 10 04 13 IncludescoPyriltd InsuranceServiees Office, Inc., with Its permission. Page 3 of 8 Policy #BL858756204 s s 0 F b. Premises or f 101litles rented by you or used by you; or C. The maintenai ice, c peration or use by you of equipment rented or leased to you by such person or organization; or d. Operations performed by you or on your behalf for which the state or political subdivision has Issued a perm t sub act to the following additional provisions: (1) This insu ance does not apply to "bodily injury", "property damage", or "personal and ad- vertising njury" arising out of the operations performed for the state or political subdivision; (2) This insu nce does not apply to "bodily injury" or "property damage" included within the e "complete op rations hazard". (3) Insurance applies to premises you own, rent, or control but only with respect to the following hazards: (a) The xiste ce, maintenance, repair, construction, erection, or removal of advertising signs, awnhigs, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners, or decorations and similar expo- sures; or (b) The c nstru tion, erection, or removal of elevators; or (c) Theo vnersi ip, maintenance, or use of any elevators covered by this insurance. However: I. The insurance afforded to such additional Insured only applies to the extent permitted by law; and 2, If coverage pr vlded to the additional Insured is required by a contract or agreement, the insur- ance afforded to su h additional Insured will not be broader than that which you are required by the contract or agree ent to provide for such additional insured. With respect to Paragraph 1.e, above, a person's or organization's status as an additional insured under this endorsement ends when; (1) All work, i ciudi g materials, parts or equipment furnished in connection with such work, on the project (othe than service, maintenance or repairs) to be performed by or on behalf of the additional insure (s) at the location of the covered operations has been completed; or (2) That ports of 'your work" out of which the injury or damage arises has been put to its Intended use by any person or organization other than another contractor or subcontractor engaged ir performing operations for a principal as a part of the same project. Wth respect to N ragra h 1.b. above, a person's or organization's status as an additional insured under this endorse nent ends when their written contract or written agreement with you for such premises or facilitie ends. With respects to N ragrar h 1.e. above, this Insurance does not apply to any "occurrence" which takes place after the equiliment rental or lease agreement has expired or you have returned such equipment to the lessor. The Insurance provi Jed I y this endorsement applies only If the written contract or written agreement is signed prior to IN "bod ly injury" or "property damage". We have no duty t defend an additional Insured under this endorsement until we receive written notice of a "suit" bV the additional Insured as required in Paragraph b. of Condition 2. Duties In the Event Of Occurrenc , Oflense, Claim Or Suit under Section IV . Commercial General Liability Condi- tions. CG 86 10 04 13 d 2013LIberty Mutual Insurance Includes copyri hied material of Insurance Services office, Inc., with its permission. Page 4 of 8 Policy #BLS58756204 H 2. With respect to if a insurance provided by this endorsement, the following are added to Paragraph 2. Exclusions under Sectic n I -Coverage A - Bodily Injury And Property Damage Liability: This Insurance dos not apply to: a. "Bodily injury' or"Property damage" arising from the sole negligence of the additional insured. b. "Bodily injury' or 'property damage" that occurs prior to you commencing operations at the location where suc "bodily injury" or "property damage" occurs. c. "Bodily injury', "property damage" or "personal and advertising injury" arising out of the render- Ing of, or the failure to render, any professional architectural, engineering or surveying services, Including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, s irveys field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. This exclusion applies a en if the claims against any Insured allege negligence or other wrongdoing in the supervision, bring, employment, training or monitoring of others by that Insured, if the "occur- rence" which cau ed the "bodily injury" or "property damage", or the offense which caused the personal and adv rtisin injury", involved the rendering of, or the failure to render, any professional architectural, engireering or surveying services. d. "Bodily Injury" or "p operty damage" occurring after: (1) All work, including the project (other materials, parts or equipment furnished in connection with such work, on than service, maintenance additional insure or repairs) to be performed by or on behalf of the d(s) at the location of the covered operations has been completed; or (2) That portion Intended rise Of by "your work" out of which the injury or damage arises has been put to its engaged In peri any person or organization other than another contractor or subcontractor rming operations for a principal as apart of the same project. e. Any person or by a separate organization ADDITIONAL specifically designated as an additional insured for ongoing operations INSURED sued by us and made -OWNERS, LESSEES OR CONTRACTORS endorsement Is- a part of this policy. 3. With respect to the -Limits Of Insurance: insurance afforded to these additional insureds, the following is added to Section III If coverage provided pay on behalf of the tote additional additional Insured is required by a contract or agreement, the most we will insured Is the amount of Insurance: a. Required by the contract or agreement; or b. Available undej the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement E hall net increase the applicable Limits of Insurance shown in the Declaratio ns. H. PRIMARY AND NOWCO TRI UTORY ADDITIONAL INSURED EXTENSION This provision applies t ilr any arson or organization who qualifies as an additional insured under any form or endorsement under t s nocv. Condition 4.Other ad as follows: a. The following is If an additional i have agreed in a primary and none the additional ins CG 88 10 04 13 SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS is amend. to Paragraph A. Primary Insurance: cy has an Other Insurance provision making its policy excess, and you act or written agreement to provide the additional insured coverage on a basis, this policy shall be primary and we will not seek contribution from for damages we cover. Mutual Insurance e Services Office, Inc., with Its permission, Page 5 of 8 Policy #BLS58756204 s s r s a 4 b. The following is When a written c agreement, an ec subdivision betty, primary and non. tional Insured is c Regardless of the over any other Ir z additional Insured 1. ADDITIONAL INSURE[ This provision applies or endorsement under 1. The following An additional a. Give this Paragraph b. Excess Insurance: or written agreement, other than a promises lease, facilities rental contract or rental or lease contract or agreement, or permit issued by a state or political i and an additional Insured does not require this insurance to be primary or tory, this insurance is excess over any other Insurance for which the addi- )d as a Named Insured. agreement between you and an additional Insured, this insurance is excess whether primary, excess, contingent or on any other basis for which the i added as an additional insured on other policies. - EXI TENDED PROTECTION OF YOUR "LIMITS OF INSURANCE" or organization who qualifies as an additional Insured under any form to Condition 2, Duties In The Event Of Occurrence, Offense, Claim or Suit: under this endorsement will as soon as practicable: :e of an "occurrence" or an offense that may result in a claim or "suit" under us; b. Tender thD defense and indemnity of any claim or "suit" to all insurers whom also have Insurance avalla le to the additional insured; and c. Agree to make ivailable any other insurance which the additional insured has for a loss we cover under this Coverage Part. d. We have lio dut to defend or Indemnify an additional insured under this endorsement until we receive written notice of a "suit" by the additional insured. 2. The limits of Ir suran a applicable to the additional Insured are those specified In a written contract or written agr emen or the limits of Insurance as stated in the Declarations of this policy and defined in Section I - Limits of Insurance of this policy, whichever are less. These limits are Inclusive of an not I addition to the limits of insurance available under this policy. J. WHO IS AN INSURED - NCID NTAL MEDICAL ERRORS I MALPRACTICE WHO IS AN INSURED • :ELLOW EMPLOYEE EXTENSION - MANAGEMENT EMPLOYEES Paragraph 2.a.(1) of Section 1 - Who Is An Insured is replaced with the following: (1) "Bodily injury" or "krsorial and advertising injury": (a) To you, to your partn rs or members (if you are a partnership or joint venture), to your members (if you are a Smite J list ility company), to a co -"employee" while in the course of his or her employ- ment or performing duties related to the conduct of your business, or to your other "volunteer workers" while parfoirning duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of that co -"employee" or "volunteer worker" as a consequence o Paragraph (1)(a) above; (c) For which ther is any obligation to share damages with or repay someone else who must pay damages because of he injury described in Paragraphs (1) (a) or (b) above; or (d) Arising out of his or t er providing or failing to provide professional health care services. However, if you are not In the usiness of providing professional health care services or providing profes- sional health care pe sonnel to others, or if coverage for providing professional health care ser- vices is not otherwise excluded by separate endorsement, this provision (Paragraph (d)) does not apply. Paragraphs (a) and (b) a ove o not apply to "bodily injury" or "personal and advertising injury" caused by an "employee" who is a ting i a pervisory capacity for you. Supervisory capacity as used herein means the "employee's" job r s ns bill i s assigned by you, Includes the direct supervision of other "employ- ees" of yours. I-Icwever, o f these "employees" are insureds for "bodily injury" or "personal and CG 88 10 04 13 Includesk6�yfi¢Oteyi/ 2013 Liberty Mutual insurance 1 J/ ��GG��Il IaI of insurance Services OfFlce, Inc., with its permission. Page 6 of 8 Policy #BRA U9142249 THIS COMMERCIAL AUTO BA 99 04 0818 CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED WHEN REQUIRED BY CONTRACT This endorsement modifle Insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage rrovIdEd by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsemi int, This provision does not ap ly in regard to any ownership, maintenance or use of the additional insured's "autos." Additional Insured When Required by Contract (a) The limits of Insurance specified in (1) Paragraph A.I. — WHO IS AN INSURED — the written contract or written of Section II Liability Coverage Is agreement; or amended to add: (b) The Limits of Insurance shown in d. When you have agreed, in a written the Declarations. contract or written agreement, that a Such amount shall be a part of and not person or organization additional Insui ad on be added as an in addition to Limits of Insurance shown your business auto policy, such person or in the Declarations and described In this organization is an Section. "insurod", but only to the extent such person or otganizEtIon is liable for (3) Additional Insureds Other Insurance "bodily injury" caused by the or 'property cond damage" If we cover a claim or "suit" under this at of an "insured" under paragraphs a. Coverage Part that may also be covered or b. of Who Is An by other Insurance Insured with r gard available to an to the ownership, additional insured, such additional maintenance o use of a covered "auto." Insured must submit such claim or "suit" The insuranof affo ded to any such to the other insurer for defense and additional Insured applies only If the indemnity. "bodily injury" occurs: or "property damage" However, this provision does not apply to the extent that you have agreed in a (1) During the olicy erlod, and written contract or written agreement (2) Subsequer t to the that the Insurance Is primary and non- execution of such contributory with the additional Insured's written Contract, and own Insurance. (3) Prior to thE expir tion of the period (4) Duties In The Event Of Accident, Claim, of time if t the written contract Suit or Loss requires su h Insurance be provided to the addit onal insured. If another person or organization is (2) How Limits Apply added as an additional insured on your policy, the additional insured shall be If you have ati ad in a written contract required to comply with the provisions in or written at reem nt that another A. Loss Conditions 2. — Duties In The person or orgy ilzatio i be added as an Event Of Accident, Claim, Suit Or additional Insu d or your policy, the Loss — of SECTION IV — BUSINESS most we will ay o i behalf of such AUTO CONDITIONS, In the same additional insur d is ft e lesser of: manner as the Named Insured. BA material of Insurance Services Office, Inc., with Itspermission. Page 1 CITYOF SANTA ANA RISK MANAGEMENT, dtwaten 4 HuMAN RESOURCES Managing Risk pmmgh Positive Change U Josh Friedman hereby affirm under penalty of perjury, the (Name/fl le) following declaration I certify on behalf of One Zero Digital Media that during the term (Consultont/Company Name) of my contract for Video F roduotion and Photo services with the City of Santa Ana, ( pe of service provided) will not employ any person in any manner so as to become subject to the workers' compensation laws of California, and agree that if I should become subject to the workers' compensate n pt ovisions of Section 3700 of the Labor Code, I shall forthwith comply with the pro islo s and provide proof of workers' compensation coverage immediately. Date: October 22, 2019 Print Name: Jos h Fri eCil1lan Print Title: Owner Signature: Telephone: 88-922-100 WARNING: FAILURE TO SECURE WORKERS' COMPENSATION COVERAGE IS UNLAWFUL, AND SHALL SUBJECT AN EMP OYE TO CRIMINAL PENALTIES AND CIVIL FINES UP TO ONE HUNDRED THOUSAND DOLLARS ($ 00,0 0), IN ADDITION TO THE COST OF COMPENSATION, DAMAGES AS PROVIDED FOR IN SECTION 3706 OF THE LABOR CODE, INTEREST, AND AT_T t4E1)K&.FaEip0 vr-ij 1ARlsk MOmtVnsorance Declaration 08152019 NEE M. LAMBERT CE TIFICATE OF LIABILITY INSURANCE DATE(MWDDNYYY) THIS CERTIFICATE IS ISSUED AS MAT R OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HIS19 CERTIFICATE DOES NOT AFFIRM TIVEL HOLDER10118 OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY BELOW. THIS CERTIFICATE OF I REPRESENTATIVE SURA THE POLICIES CE DOES NOT CONSTITUTE A. CONTRACT BETWEEN THE ISSUING INSURER($), AUTHORIZED OR PRODUCE , AND HE CERTIFICATE HOLDER, IMPORTANT, If the certificate helper If SUBROGATION IS WAIVED, subj Is an 01 tot ADDITIONAL INSURED, the Policy(las) must have ADDITIONAL INSURED Provisions or be ondorsed. a terms this certificate does not confer ri is to th and conditions of the policy, certain policies may require an endorsement A statement on certificate holder In Ileu of such endorsement s , GO CT NAM @._- Nice LLorin PRODUCER 82Insurance Service 1426 Aviation Bivd S , ite 20424 ._ bHOrvE-----..___.._____... xn. )2$6.9400 rA� M1oJL��4.-j8$8^7660 Redondo Beach, CA 9 278 -MAIL 99_ nice b2insurance.conn License #; 0122551 INSDREkt3jAFFOROW11 COVERAGE _. NAICN� 24082 - Brightlife Designs 16291 Gothard St Huntington Beach, --...... THIS IS E CERTIFY THATTHE. G ANY INDICATED. NOTWITHSTANDING ANY CERTIFICATE MAY O DITIONSSUED OFF EXCLUSIONS AND CONDITIONS OF SU L,M TYPE OF INSURANCE _ S OF IN ERTAI PERTAI H POLI _ _-.-••,+,.,�".. "�R�Rurvu REVISION NUMBER: 26 _. URANCE LISTED BELOW HAVE BEEN ISSUEb TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD MENT, TERM OR CONDITION OFANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,. iES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, _ ��f�)'OL OI YEFF` PO-L'(CY E)(P POLOYNUMBE0. D Y IO Y LIMITS Y BL355756204 0$l31/2019 ''. OB731/2020 EACHOCCURRENCE $ ��. OQQ(j AATtEET(F A X COMMERCIAL GENERAL' LIABILITY CLAIM&MADE OCCUR Y _._.l LhI REl E �RflEM ES E"e1" e $ 500 900 ..._ ...�_ _.._ MCDEXP(Anyggaparqq) GE N'LAGGRE GEjG�A�TE LiMiTAPIP�LIE�S PER: _ PERSONPL aADV INJURY_ OOgg aQ X L..I JEC LOO GENERAL AGGREGATE $ 2,_OOO, OQQ �rPRCOVCTS.COMP/OPAGG L J OOLICY HER' ,S. _.T 2T(fQOA000_ t1 AUTOMOBILE LIABILITY ANYAUTO Y $ Y BRAU048580 10/0912010 10/0912020 Ea INeo I Ir y 1 Qen1]�_ s !iyi�QO_x�Iq Q. OVJNEO SCHEDULED BODILYINJURY(Pa^pow) S AU1HIRED ONLY NONOl BOCLY INJURY (Per ac:rdenn S AUTOSONLY AUTOSONLY PROPeRiTDAMAdE UMBRELLAUAB )(, OCCUR IE%CESa LIAR � 11 Y Y i ESA58756204 06131/2019 00/31/2020 EACH Ig 2 000,900 RRENGE 00,0 _ CLNMSMA OED RETENTION N E AGGREGATE _-___F• Z ODOOOO l--d --- WORKERSCDMPENSATION "`�"' I $ AND CMPLOYERS' LIABILITY Y/N`�[yjll ANYPROPRIEfORIPARTNERIEXECUTIVE ems® oOl �--- ---- --__ OFFICEMMEMBEREXCL➢DED? IMandelory in NH) N/A i� ; E.L EACH ACCIDENT r-- if e.deecIONOF r 01•escRiPnON OFOPERAfiONS aL DISEASE -EA EMPLOYE 3 EIL DISEASE, PODOY LIMIT $ DESCRIPTIDNOFOPERATIONSi LOCATIONSIVE Cityof Santa Ana, Its officers, om ICLES (A IGyee ORD 101 Addabnal Ram�%a��g P bo&-�---hod ma------ra0ulred) I tdi{ �pCas6df8t�� hlr and Auto Liability per the attache enda23 adidonal Insureds with respect to General Liability Rg Ti"t1(,t�jti< t;aontract insurance Non -Contributory is Primary and 2019 CERTIFICATE HOLDER T- SHOULD ANY OP THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Santa Ana - R sk Ma agement Division THE EXPIRATION DATE THEREOF, NOTICE WILL aE DELIVERED IN 4th Floor ACCORDANCE WITH THE POLICY PROVISIONS. 20 Civic Center Plaza Santa Ana, CA 92702 I AUTHORIZED kEPResENTAVVK ACbRb 2s 2016/03 -.�� 1 r R nvvnu 4VnrUKA NUIN. All rights reserved. ( ) Th ACORD name and logo are registered marks of ACORO Printed by NLL on October 16, 2019 at 09:05AM Policy #BLS58756204 6 a S COMMERCIAL GENERAL LIABILITY CG 88 10 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, 'COME DIAL GENERAL LIABILITY EXTENSION This endorsement modifies insur nce provided under the following: COMMERCIAL GENER L LIf BILITY COVERAGE PART SUBJ9CT PAGE NON -OWNED AIRCRAFT 2 NON -OWNED WATERCRAF T 2 PROPERTY DAMAGE L:IABI ITY - ELEVATORS 2 EXTENDED DAMAGE TOP OPE TY RENTED TO YOU (Tenant's Property Damage) 2 MEDICAL PAYMENTS EXTENSION 3 EXTENSION OF SUPPLEME NTAR f PAYMENTS -COVERAGES A AND B 3 ADDITIONAL INSUREDS - E Y CONTRACT, AGREEMENT OR PERMIT 3 PRIMARY AND NON -CONY IBUT RY- ADDITIONAL INSURED EXTENSION 8 ADDITIONAL INSUREDS - E KTEN ED PROTECTION OF YOUR "LIMITS OF INSURANCE" 8 WHO IS AN INSURED -INCI ENT L MEDICAL ERRORS/MALPRACTICE AND WHO IS AN INSURED-FELLOWEMPLO YEE EXTENSION -MANAGEMENT EMPLOYEES 8 NEWLY FORMED OR ADDIT ONAL LY ACQUIRED ENTITIES T FAILURE TO DISCLOSE HA2 ARDS AND PRIOR OCCURRENCES 7 KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT y LIBERALIZATION CLAUSE i BODILY INJURY REDEFINE r EXTENDED PROPERTYDA GE 8 WAIVER OF TRANSFER OF IGHT OF RECOVERY AGAINST OTHERS TO US - WHEN REQUIRED IN A CON RAC 8 OR AGREEMENT WITH YOU CG 88 10 04 13 Includes copyri kited matorial of Insurance Services Office, Inc. with Its permission. Page 1 of 8 Policy #BL558756204 b, The last Exclusions from autor you with i Rented To 2, Paragraph 6. 6. Subject to P pay under Ct a. Any one (1) Whit (2) Whil Kph �f subsection 2. Exclusions is replaced by the following: iron h n, do not apply to damage by fire, lightning, explosion, smoke or leakage fire protection systems to premises while rented to you or temporarily occupied by .sior of the owner. A separate limit of Insurance applies to Damage To Premises as described In Section Itl - Limits Of Insurance. Sect on III - Limits Of Insurance is replaced by the following: grap 1 6, above, the Damage To Premises Rented To You Limit is the most we will rage A for damages because of "property damage" to: tems; or b. Contents that 3. As regards coverage p YOU (Tenant's Properly 9.a. A contract for a let that indomn1fie3 ai leakage from utor occupied by y u w that are Included In E. MEDICAL PAYMENTS EXTE If Coverage C Medical Payn are amended as follows Under Paragraph 1 Insi (b) of paragraph a. s rex (b) The expenses re in F. EXTENSION OF SUPPL MEP 1. Under Supplementary F b. Up to $3,000 f r co out of the use f an, to furnish thes bon 2. Paragraph 1.d, is re lace a d. All reasonable expe defense of the Ialm off from work. to you; or I to you or temporarily occupied by you with permission of the owner for fire, lightning, explosion, smoke or leakage from automatic protection Sys. rent or lease as part of a premises rental or lease agreement. led by this provision D. EXTENDED DAMAGE TO PROPERTY RENTED TO image) - Paragraph 9.a. of Definitions is replaced with the following: of premises. However, that portion of the contract for a lease of premises rerson or organization for damage by fire, lightning, explosion, smoke, or fire protection systems to premises while rented to you or temporarily the permission of the owner, or for damage to contents of such premises it premises rental or lease agreement, is not an "insured contract". Is not otherwise excluded, the Medical Payments provided by this policy Agreement of Section I - Coverage C - Medical Payments, Subparagraph by the following: l and reported within three years of the date of the accident; and PAYMENTS - COVERAGES A AND B ,ments - Coverages A and B, Paragraph 1.b, is replaced by the following: of bail bonds required because of accidents or traffic law violations arising iehicie to which the Bodily Injury Liability Coverage applies. We do not have by the following: incurred by the insured at our request to assist us in the investigation or "suit", including actual loss of earnings up to $600 a day because of time '& G. ADDITIONAL INSURED - BY �ONTRACT, AGREEMENT OR PERMIT I. Paragraph 2, under Secti n II - Who Is An Insured is amended to include as an insured any person or whom you organization pave agreed to add as an additional insured In a written contract, written agreement or permit, Su h person or organization is an additional insured but only with respect to liability for "bodily injury" "property damage" or "personal and advertising Injury" caused in whole or in part by: a. Your acts or om ssion , or the acts or omissions of those acting on your behalf, In the performance of your on gain oper itions for he additional Insured that are the subject of the written contract or written agreem nt pi Dvided t t the "bodily injury" or "property damage" occurs, or the "per- sonal and adve ising injt�v" i mmitted, subsequent to the signing of such written contract or written aaream t, Or / " CG 88 10 04 13 IncludesPy co ri� t�GW'} / Ali Liberty Mutual insurance /_/ Insurance Services Once, Inc., with its permission. Page 3 Of 8 Policy #BLS58756204 b, Premises or f cilitiegI rented by you or used by you; or G. The maintena ce, cjperation or use by you of equipment rented or leased to you by such person or organization; or II d. Operations perform d by you or on your behalf for which the state or political subdivision has Issued a perm t sub ect to the following additional provisions: (1) This insurance does not apply to "bodily Injury", "property damage", or "personal and ad- vertising njury' arising out of the operations performed for the state or political subdivision; (2) This Insurance does not apply to "bodily injury" or "property damage" Included within the "complete op rations hazard". (3) Insurance Wile s to premises you own, rent, or control but only with respect to the following hazards: (a) The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners, or decorations and similar expo- sures; or (b) The construction, erection, or removal of elevators; or ((;) The o Amaral iip, maintenance, or use of any elevators covered by this insurance. However: 1. The insurance afford d 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 Insur- ance afforded o such additional insured will not be broader than that which you are required by the contract or agree ent to provide for such additional insured. With respect to P.ragra h I.a, above, a person's or organization's status as an additional insured under this endorse ant ends when: (1) All work, I icludir g materials, parts or equipment furnished in connection with such work, on the project (othe than service, maintenance or repairs) to be performed by or on behalf of the additional insure (s) at the location of the covered operations has been completed; or (2) That porn of 'your work" out of which the injury or damage arises has been put to its Intended Lee by any person or organization other than another contractor or subcontractor engaged ir perfo Ming operations for a principal as a part of the same project. With respect to Pe ragral h 1.16. above, a person's or organization's status as an additional insured under this endorse ent ends when their written contract or written agreement with you for such premises or facilitle ends. With respects to PE ragrar h 1.c, above, this Insurance does not apply to any "occurrence" which takes place after the equipment rental or lease agreement has expired or you have returned such equipment to the lessor. The insurance provi ad t y this endorsement applies only if the written contract or written agreement is signed prior to th "bod ly injury" or "property damage". We have no duty t defend an additional insured under this endorsement until we receive written notice of a "suit" b the additional Insured as required in Paragraph b, of Condition 2. Duties In the Event Of Occurranc , O Fnse, Claim Or Suit under Section IV - Commercial General Liability Condi- tions. Mutual insurance CG 88 10 04 13 Includes copyri htad mato la? of Insurance nServices Office, Inc., with Its permission. Page 4 of 8 Policy #BLS58756204 s a s 2. With respect to tl a ins ranee provided by this endorsement, the following are added to Paragraph 2. Exclusions under Sectic n I - Coverage A - Bodily Injury And Property Damage Liability: This insurance dos not apply to: a. "Bodily injury' or roperty damage" arising from the sole negligence of the additional insured. b. "Bodily injury' or 'property damage" that occurs prior to you commencing operations at the location when L sue "bodily injury" or "property damage" occurs. c. "Bodily injury', "property damage" or "personal and advertising Injury" arising out of the render- ing of, or the failure to render, any professional architectural, engineering or surveying services, Including: (1) The prep ring, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, s irveys field orders, change orders or drawings and specifications; or (2) Supervisoiy, in pection, architectural or engineering activities. This exclusion ap lies a /an if the claims against any insured allege negligence or other wrongdoing in the supervision, h ring, employment, training or monitoring of others by that insured, if the "occur- rence" which cau ed Ile "bodily injury" or "property damage", or the offense which caused the "personal and adv rtisln injury", involved the rendering of, or the failure to render, any professional architectural, englifeering or surveying services. d. "Bodily Injury" or "p operty damage" occurring after: (1) All work, nciudlig 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 the Injury or damage arises has been put to its Intended yse k any person or organization other than another contractor or subcontractor engaged It i performing operations for a principal as a part of the same project. e. Any person or organIll ation specifically designated as an additional insured for ongoing operations by a separate ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS endorsement is- sued by us and made a part of this policy. 3. With respect to the insurance afforded to these additional insureds, the following is added to Section III -Limits Of Insurance: If coverage provided tote 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: a. Required by the cont ct or agreement; or b. Available unde the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement hall not Increase the applicable Limits of Insurance shown in the Declaratio ns. H. PRIMARY AND NON -CO TRI UTORY ADDITIONAL INSURED EXTENSION This provision applies t any erson or organization who qualifies as an additional insured under any form or endorsement under t is nohcv. Condition 4, Other Insurance of SECTION IV -COMMERCIAL GENERAL LIABILITY CONDITIONS is amend- ed as follows: a. The following is adc ad to Paragraph a. Primary insurance: If an additional inSL red's policy has an Other Insurance provision making its policy excess, and you have agreed in a wri ten contract or written agreement to provide the additional insured coverage on a primary and noncon ributo`iy basis, this policy shall be primary and we will not seek contribution from the additional insure 's pglipy for damages we cover. CG 88 10 04 13 Includes copyrir h'1[42�t I bP'ihsurance Services Office, Inc., with Its permission. Page 6 of 8 Policy #BLS58756204 b. The following is added o Paragraph b. Excess Insurance: When a written contract or written agreement, other than a premises lease, facilities rental contract or agreement, an eq ilpmej it rental or lease contract or agreement, or permit issued by a state or political subdivision between you and an additional Insured does not require this insurance to be primary or primary and non- ontrib tory, this insurance Is excess over any other insurance for which the addi- tional Insured Is d sign ed as a Named Insured. Regardless of the written agreement between you and an additional Insured, this Insurance is excess over any other in wrance whether primary, excess, contingent or on any other basis for which the additional insured has b en added as an additional insured on other policies. 0 1. ADDITIONAL INSURE S -E TENDED PROTECTION OF YOUR "LIMITS OF INSURANCE" This provision applies to an person or organization who qualifies as an additional insured under any form or endorsement under this p Acy. i� k 1. The following is added to Condition 2. Duties In The Event Of Occurrence, Offense, Claim or Suit: An additional nsure under this endorsement will as soon as practicable: a. Give wriftc n noi ice of an "occurrence" or an offense that may result in a claim or "suit" under this insure ce to us; b. Tender th defense and indemnity of any claim or "suit" to all insurers whom also have Insurance avalla le to the additional insured; and c. Agree to inake vailable any other insurance which the additional insured has for a loss we cover under this Coverage Part. d. We have Ao dut to defend or Indemnify an additional Insured under this endorsement until we receive written notice of a "suit" by the additional insured. 2. The limits of Ir suran a applicable to the additional Insured are those specified In a written contract or written ag emen or the limits of insurance as stated In the Declarations of this policy and defined in Se tion III - Limits of Insurance of this policy, whichever are less. These limits are Inclusive of an not I i addition to the limits of insurance available under this policy. J. WHO IS AN INSURED - INCIDENTAL MEDICAL ERRORS/ MALPRACTICE WHO IS AN INSURED • :ELLOW EMPLOYEE EXTENSION -MANAGEMENT EMPLOYEES Paragraph 2.a.(1) of Section 1'- Who Is An Insured is replaced with the following: (1) "Bodily injury" or " erso al and advertising injury": (a) To you, to your partners or members (if you are a partnership or joint venture), to your members (if you are a limits I liability company), to a co -"employee" while in the course of his or her employ- ment or performing duties related to the conduct of your business, or to your other "volunteer a workers" while performing duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of that co -"employee" or "volunteer worker" as a consequence o Paraj Iraph (1)(a) above; (c) For which there is aity obligation to share damages with or repay someone else who must pay damages because of he Injury described in Paragraphs (1) (a) or (b) above; or (d) Arising out of h s or ter providing or failing to provide professional health care services. However, if you are not III the usiness of providing professional health care services or providing profes- slonal health care pe sonnel to others, or if coverage for providing professional health care ser- vices is not oth rvise excluded by separate endorsement, this provision (Paragraph (d)) does not apply. Paragraphs (a) and (b) a ove o not apply to "bodily injury" or "personal and advertising injury" caused by an "employee" who is a ting i a pervisory capacity for you. Supervisory capacity as used herein means the "employee's" job r slons bil' s assigned by you, Includes the direct supervision of other "employ- ees" of yours. However, o f these "employees" are insureds for "bodily injury" or "personal and CG 88 10 04 13 Include4gi l ] f InsuranLibertyce Mutual insurance /// al of Insurance Services Office, Inc., with its permission. Page 6 of 8 Policy #BRAU9142249 THIS ENDORS91 This endorsement modifie 3 insi. BUSINESS AUTO CO VERi With respect to coverage f rovid modified by the endorsement. This provision does not ap ly in Additional Insured When Reel (1) Paragraph A.I. — HC of Section 11 — Lie amended to add: d. When you hE ve al contract or written person or org nizatl additional Insured or policy, such person c "insured", but only person or o antzt "bodily injury" or caused by the cond under paragraphs a. Insured with ragand maintenance o use t The insurance affo additional Insured "bodily injury" or, ' Occurs: (1) During the boll (2) Subseque to written con ran (3) Prior to th ON of time tt requires sh 1 to the additine (2) How Limits Apply If you have ag or written a., person or ergs additional insu most we will additional Insur 0406 COMMERCIAL AUTO SA 99 04 0618 CHANGES THE POLICY. PLEASE READ IT CAREFULLY. e provided under the following: FORM by this endorsement, the provisions of the Coverage Form apply unless to any ownership, maintenance or use of the additional insurad's "autos." J by Contract AN INSURED — t Coverage is reed, in a written agreement, that a in be added as an your business auto r organization is an 3 the extent such Lion is liable for property damage" lot of an "insured" ar b. of Who Is An to the ownership, r a covered "auto." Jed to any such )plies only if the )roperty damage" eriod, and execution of such on of the period written contract ince be provided d in a written contract am( nt that another atio 1 be added as an I or your policy, the y o 1 behalf of such is tP e lesser of: (a) The limits of insurance specified in the written contract or written agreement, or (b) The Limits of Insurance shown in the Declarations. Such amount shall be a part of and not in addition to Limits of Insurance shown in the Declarations and described in this Section. (3) Additional Insureds Other Insurance If we cover a claim or "suit" under this Coverage Part that may also be covered by other insurance available to an additional insured, such additional insured must submit such claim or "suit" to the other insurer for defense and Indemnity. However, this provision does not apply to the extent that you have agreed in a written contract or written agreement that the insurance is primary and non- contributory with the additional Insured's own insurance. (4) Duties In The Event Of Accident, Claim, Suit or Loss If another person or organization Is added as an additional Insured on your policy, the additional insured shall be required to comply with the provisions in A. Loss Conditions 2. — Duties In The Event Of Accident, Claim, Suit or Loss -- of SECTION IV — BUSINESS AUTO CONDITIONS, In the same manner as the Named Insured. 111amaa, in insurance aeries ontce, Inc., with Its permission. Pao 1 ep q 9 C1TYOrSAW A ANA RISK MANAGEMENTa dturadwc 4HumAN RESOURCES Managing Risk avowh Poliffive Change COMPENSATION DECLARATION 1, Josh Fri following declaration I certify on behalf of _Q0 Zero of my contract for I will not employ any compensation laws ( workers' compensati comply with the pro immediately. WARNING: FAILURE TO SHALL SUBJECT AN EMP THOUSAND DOLLARS ($ PROVIDED FOR IN SECTI l: {Risk Mgmtllnsuranoe hereby affirm under penalty of perjury, the f • . (Consultant/Company Name) that during the term wation and Photo services with the City of Santa Ana, of service provided) in any manner so as to become subject to the workers' )rnia, and agree that if I should become subject to the isions of Section 3700 of the Labor Code, I shall forthwith and provide proof of workers' compensation coverage Date: October 22, 2019 Print Name: Josh Friedmann �T Print Title: Owner Signature: ..�,.. Telephone: 88_922-4100 _- IE WORKERS' COMPENSATION COVERAGE IS UNLAWFUL, AND TO CRIMINAL PENALTIES AND CIVIL FIN ES UP TO ONE HUNDRED )). IN ADDITION TO THE COST OF COMPENSATION, DAMAGES AS ,6 OF THE LABOR CODE, INTEREST, AND ATTQRNEK5cF, 6ri0VI-D Declaration 08152019 OEM