HomeMy WebLinkAboutDULAC ENTERPRISES DBA BIG RED BUSINSURANCE ON FILE
WORK MAY PROCEED A-2020-034
UNTIL INSURANCE EXPIRES
03 iL 11 7-OZ-0
CLERK OF COUNCIL
DATE: di
.CdUty�ly\'C CaS�vv ''krclenr13 AGREEMENT TO E TROLLEY SERVICES
FO FOR AND SPECIAL SANTA ANA EVENTS
THIS AGREEMENT is made and entered into on this Yd day of March, 2020, by and between
" DULAC ENTERPRISES, DBA BIG RED BUS CHARTER, a California corporation
("Consultant'), and the CITY OF SANTA ANA, a charter city and municipal corporation
0 organized and existing under the Constitution and laws of the State of California ("City").
N
RECITALS
A. The City desires to retain a consultant having special skill and knowledge in the field of:
trolley transportation for general public throughout the City of Santa Ana for monthly Art
Walk events, Lunch Time Trolley (from the Civic Center area to Downtown), Census 2020
community outreach events, and for other special events as needed by the City.
B. Consultant represents that Consultant is able and willing to provide such services to the
City.
C. In undertaking the performance of this Agreement, Consultant represents that it is
knowledgeable in its field and that any services performed by Consultant under this
Agreement will be performed in compliance with such standards as may reasonably be
expected from a professional in the field.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the
terms and conditions hereinafter set forth, the parties agree as follows:
1. SCOPE OF SERVICES
Consultant 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 Exhibit A — Scope of Services,
attached hereto and incorporated by reference. Routes service and dates are subject to change and
can be amended upon mutual written agreement of both parties, which may be exercised by the
City in a writing executed by the City Manager and City Attorney.
2. COMPENSATION
a. City agrees to pay, and Consultant agrees to accept as total payment for its services for
City, the rates and charges identified in Exhibit B — Compensation. For the initial
term, the total sum to be expended under this Agreement shall not exceed Seventy -
Seven Thousand, Six Hundred Dollars ($77,600.00). Any extensions exercised as
noted in Section 3, below, shall not exceed a total of $55,600 per yearlong extension.
The total amount to be expended during the term of this Agreement, including any
extensions, shall not exceed $188,800.
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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 the date first written above and terminate on March
31, 2021, unless terminated earlier in accordance with Section 15, below. The City shall also have
the discretion to exercise two (2) one-year extensions upon a writing executed by the City Manager
and City Attorney. Thereafter, the term of this Agreement may be further extended upon a writing
executed by the City Manager and City Attorney.
4. INDEPENDENT CONTRACTOR
Consultant shall, during the entire term of this Agreement, be construed to be an
independent contractor and not an employee of the City. This Agreement is not intended nor shall
it be construed to create an employer -employee relationship, a joint venture relationship, or to
allow the City to exercise discretion or control over the professional manner in which Consultant
performs the services which are the subject matter of this Agreement; however, the services to be
provided by Consultant shall be provided in a manner consistent with all applicable standards and
regulations governing such services. Consultant shall pay all salaries and wages, employer's social
security taxes, unemployment insurance and similar taxes relating to employees and shall be
responsible for all applicable withholding taxes.
5. 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 Consultant under this Agreement ("Documents & Data"). Consultant
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.
Consultant represents and warrants that Consultant has the legal right to license any and all
Documents & Data. Consultant makes no such representation and warranty in regard to
Documents & Data which were provided to Consultant 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, Consultant shall maintain
and shall require its subcontractors, if any, to obtain and maintain insurance as described below:
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a. Commercial General Liability Insurance. Consultant 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 Consultant's operations in the performance of this
Agreement, including, without limitation, acts involving vehicles. The amounts of
insurance shall be not less than the following: single limit coverage applying to
bodily and personal injury, including death resulting therefrom, and property
damage, in the total amount of $1,000,000 per occurrence, 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, Consultant, if Consultant has any employees, is required
to be insured against liability for worker's compensation or to undertake self-
insurance. Prior to commencing the performance of the work under this
Agreement, Consultant agrees to obtain and maintain any employer's liability
insurance with limits not less than $1,000,000 per accident.
d. If Consultant 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.
C. The following requirements apply to the insurance to be provided by Consultant
pursuant to this section:
i. Consultant shall maintain all insurance required above in full force and
effect for the entire period covered by this Agreement.
ii. Certificates of insurance shall be furnished to the City upon execution of
this Agreement and shall be approved 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. Consultant shall supply City with a fully executed additional insured
endorsement.
f. If Consultant fails or refuses to produce or maintain the insurance required by this
section or fails or refuses to furnish the City with required proof that insurance has
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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
Consultant's right to be paid for its time and materials expended prior to notification
of termination. Consultant waives the right to receive compensation and agrees to
indemnify the City for any work performed prior to approval of insurance by the
City.
7. INDEMNIFICATION
Consultant 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 Consultant, 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 Consultant
further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including
fees and costs for special counsel to be selected by the City, regarding any action by a third party
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 Consultant'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 Consultant.
8. INTELLECTUAL PROPERTY INDEMNIFICATION
Consultant 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 Consultant to the City pursuant to this Agreement.
9. RECORDS
Consultant shall keep records and invoices in connection with the work to be performed
under this Agreement. Consultant shall maintain complete and accurate records with respect to
the costs incurred under this Agreement and any services, expenditures, and disbursements
charged to the City for a minimum period of three (3) years, or for any longer period required by
law, from the date of final payment to Consultant under this Agreement. All such records and
invoices shall be clearly identifiable. Consultant shall allow a representative of the City to
examine, audit, and make transcripts or copies of such records and any other documents created
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pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all
work, data, documents, proceedings, and activities related to this Agreement for a period of three
(3) years from the date of final payment to Consultant under this Agreement.
10. CONFIDENTIALITY
If Consultant receives from the City information which due to the nature of such
infonnation is reasonably understood to be confidential and/or proprietary, Consultant agrees that
it shall not use or disclose such information except in the performance of this Agreement, and
further agrees to exercise the same degree of care it uses to protect its own information of like
importance, but in no event less than reasonable care. "Confidential Information" shall include all
nonpublic information. Confidential information includes not only written information, but also
information transferred orally, visually, electronically, or by other means. Confidential
information disclosed to either party by any subsidiary and/or agent of the other party is covered
by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any
information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the
Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant
without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e)
is independently developed by the Consultant without reference to information disclosed by the
City.
11. CONFLICT OF INTEREST CLAUSE
Consultant 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.
12. NON-DISCRIMINATION
Consultant 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. Consultant 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
Consultant, and supersedes any and all other agreements, oral or written, between the parties. In
the event of a conflict between the terns 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 Consultant. The parties agree that any
terms or conditions of any purchase order or other instrument that are inconsistent with, or in
addition to, the terms and conditions hereof, shall not bind or obligate Consultant 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
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party, which is not embodied herein.
14. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Consultant,
Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior
written consent of the City and any such assignment, transfer, delegation or subcontract without
the City's prior written consent shall be considered null and void. Nothing in this Agreement shall
be construed to limit the City's ability to have any of the services which are the subject to this
Agreement performed by City personnel or by other consultants retained by City.
15. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of
termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant
compensation for all services performed by Consultant 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 Consultant 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
Consultant 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
Consultant shall, throughout the term of this Agreement, maintain all necessary licenses,
permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder
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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. Consultant shall notify the City immediately and
in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and
exemptions. Said inability shall be cause for termination of this Agreement.
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:
Cleric 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-xx)
P.O. Box 1988
Santa Ana, California 92702
To Consultant:
James DuLac
Operations Manager
Dulac Enterprises dba Big Red Bus
1810 E. 5111 Street
Long Beach, CA 90802
A party may change its address by giving notice in writing to the other party. Thereafter,
any communication shall be addressed and transmitted to the new address. If sent by mail,
communication shall be effective or deemed to have been given three (3) days after it has been
deposited in the United States mail, duly registered or certified, with postage prepaid, and
addressed as set forth above. If sent by 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.
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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}
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first
above written.
ATTEST:
Daisy Gomez
Clerk of the Council
APPROVED AS TO FORM:
SONIA R. CARVALHO
City
By:
Rya
Assi
RECOMMENDED FOR APPROVAL:
Steven Mendoza
Executive Director
Community Development Agency
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CITY OF SANTA ANA
Kri7sti6e Ridge
City Manager
CONSULTANT:
Dulac Enterprises, dba Big Re us
i
mes DuLac
Operations Manager
EXHIBIT A
SCOPE OF SERVICES
SCOPE OF SERVICES: Provide Trolley transportation for a maximum capacity of 40 people to predetermined
route/tops on a continues loop for two different events: 1) Art Walk that occurs on the first Saturday of each month
between the hours of 6pm-10pm within the area of Downtown Santa Ana; 2) Lunch Time Trolley on Mondays
between 11am-2pm; and 3) Special Events or as needed by the City of Santa Ana. Route/stops may be modified
due to construction, special events, road conditions and/or traffic. Routes service and dates are subject to change
and can be done so with mutual written agreement of both parties.
Art Walk - 1" Saturday of Each Month - 6pm-30om
March 7, 2020 January 2, 2021
April 4, 2020 February 6, 2021
May 2, 2020 March 6, 2021
June 6, 2020
July 4, 2020
August 1, 2020
September 5, 2020
October 3, 2020
November 7, 2020
December 5, 2020
Monday Lunch Time Trolley - Every Monday - 11am-2om
March 9, 16, 13, 30
April 6, 13, 20, 27
May 4, 11, 18, 25
June 1, 8, 15, 22, 29
July 6, 13, 20, 27
August 3, 10, 17, 24, 31
September-7, 14, 21, 28
October 5, -12, 19, 26
November 2, 9, 16, 23, 30
December 7, 14, 21, 28
January 4, 11, 4,R7 25
February 1, 8, i3, 22
March 1, 8, 15, 22, 29
Special Events or As Needed by the Citv
2020-2021 - dates and times for special events or as needed to be determined by the City of Santa Ana
COST: $1,250 for Art Walk; $600 for Lunch Time Trolley; and $600 per hour for Special Events or as needed
TROLLEY: 1
CAPACITY: 40
ROUTEIITINERARY:
1) Art Walk - loop trolley throughout Downtown Santa Ana between Ross to Mortimer and 1" Street to 5th
Street.
2) Monday Lunch Time - loop from Civic Center area to various locations throughout Downtown Santa Ana
3) Special Events - route determined per special event in coordination with City staff and Big Red Bus staff
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EXHIBIT B - COMPENSATION
Total Compensation not to exceed an annual amount of $77,600
Date
I Cost
March 7 2020
$1 250
April 4, 2020
$1,250
May 2, 2020
$1,250
June 6 2020
$1,250-
July 4, 2020
$1,250
August 1, 2020
$1�250
September 5, 2020
$1,250
October 3, 2020
$1,250
November 7, 2020
$1,250
not available per vendor) n,.,.,..,. b r 202n
g 'I
January 2, 2021
$1,250
February 6, 2021
$1,250
_ March 6.2021
$1,250_
Sub -Total
$15,000
Dates # of Days per
Monthly Total
Month
$2,400
March 9, 16, 13, 30 4 x $600
April 13, 20, 27
4 x
$600
$2,400
Ma", 11, 18,--2-5
3 x
$600
$1,800 _
June 1, 8L15, 22, 29
July 6, 13, 20 27
5 x
4 x__
$600
$6002,400
$3,000
August 3�10, 17 24 31
5 x
$600
_
September-7. 14. 21. 28
3 x
1600
11.800
November 2L9, 16, 23 30
December 7, 14, 21, 28
January 4, il, 48� 25, 2021
February JJ�3 22, 2021
March 1, 8, 15L 22, 29, 2021
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_J X_
4 x
Uuu _
$600
I $3 UUU -
_$2,400
3 x
600 '
$1,800
3 x_$600
$1,800
5 x
$600 _
$3,000
51 Mondays_
Sub -Total
$30,600
EXIHBIT B — COMPENSATION (Continued)
Date
March 21, 2020
March 28, 2020
April 4, 2020
April 18, 2020
April 25, 2020
May 2, 2020
May 9, 2020
May 16, 2020
May 30, 2020
June 6, 2020
June 13, 2020
June 20, 2020
Tentative Special Event Date
Sub -Total
Dates
Special Event Dates & Times to be
Determined by City of Santa Ana
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Cost
$1,800
$1,800
$1,800
$1,800
$1,800
$1,800
$1,800
$1,800
$1,800
$1,800
$1,800
$1,800
$ 400
$22,000
Hourly Monthly Total
Rate
$600 Maximum of $10,000
Sub -Total $10,000
Hk K" CERTIFICATE OF LIABILITY INSURANCE DATE8/6120O/YYW)
/tV2019
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the pollcy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsementisi.
PRODUCER
TIB Transportation Ins Brokers
425 West Broadway, Suite 300
Glendale CA 91204
INSURED
Dulac Enterprises dba. Big Red Bus
1810 E. 5th St.
Long Beach CA 90802
Arc�uregui.
FAX
CNEq:
81 B-246-4690Neallo
1Op�UaFouregu(Qtib—surance com
. — -
--
_ INSURERLLFFORDING COVERAGE_
_ _
INSURER A: Northfield Insurance Co.
_N_AIC_N
BIGRE-1
INSURER B: Scottsdale Insurance Company
41297
INSURER e; General Star Indemnity Cc _ _ _ _
3736.2
INSURER O;
INSURER E:
— -
COVERAGES C.FRTIFICATFNIfURFR• 14lnAgillP o 11--uu...,
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR Ap04 so,R - ---- -
L R TYPE OF INSURANCE POLICYNUMBER POLICY
MMIODfri" LIMITS
A X j COMMERCIAL GENERAL LIABILITY
W8383372 3mia019
3a112wo
EACH OCCURRENCE
52.0DD.000
CLAIMS I X.
j
I OAMq Erd1kiHifEO-
-_. -----
-MADE OCCUR
-
PREMISES(Ea pmmence
3100,000
L MEO E%P (Arty ono para.)
S 5.000
PERSONAL a ADV INJURY
--
S 2.000,000
G EN
_ 'L AGGREGATE LIMIT APPLIES PER:
GENERAL AGGREGATE
S3.DDQODO
X POLICYI LOC , IIiP
JECI
PRODUCTS-COMPMPAGG
S3.000_000 _
OTHER:
S
B AUTOMOBILE
LIABILITY
Y QPSM00230
61166019
6116Q02O
COMBINED SINGLE LIMIT
tEa AW4011ll
51,000 )11
!WY AUTO
i
I BODILY INJURY (Par person)
1$
ALL OWNED X .SCHEDULED
tSAUTOS
AUTOS
BODILY INJURY (Par evvtleng
HIRED AUTOS NOON -OWNED
i
PROPERTY DAMAGE
SPer acd4enq
.S
S
C UMBRELLA LIAB X OCCUR
IXG419167E
WM019
6116a020
EACH OCCURRENCE
$4,00D.00D
X EXCESS LIAB — CLAIMS-MADEI
AGGREGATE
S
DIED RETENTIONS
WORKERS COMPENSATION
I PER OTH-
ANDEMPLOVEflS'IIABIUTY Y/NI
$TATSrSE ER
_
ANY PROPRIETORNARTHERIEXECUIVE
E.L.EACH ACCIDEM
$
OFFICERIMEMBER EXCLUDEDT ❑NIA
(Mandatory In NH)
E L. DISEASE - EA EMPLOYE
S
under
— -- —
— -
Mdascvbe
ORIPTIONOFOPERATIONS bel"
ELDISEASE-POLICYUMIT
S
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORO 101, pddiHonel Romerka Schodulo, may ho a0echad it more space la rpqulred)
The City of Santa Ana, It's Officers, Agents, and Representative are named as additional insured in regards to general liability per attached endorsement,
Insurance Is primacy and non-contributory. 30 day prior written notice of cancellation of policy applies. Vehicle schedule Attached.
M D & APPROVED
By Risk
UG 0 6 2019
City of Santa Ana
Risk Management Division
20 Civic Center Plaza, 4th Floor
Santa Ana CA 92702
SHOULD ANY OF THE ABOVE DESCRIBEIIVW161M UE CAINCECL€ri BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL HE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
n
All Hnhfe rmnnrod
ACORD 25 (2014101)
The ACORD name and logo are registered marks of ACORD
POLICYNUMBER: WS383372
COMMERCIAL GENERAL LIABILITY
CG 20 10 07 04
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED -OWNERS, LESSEES OR
CONTRACTORS - SCHEDULED PERSON OR
ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name of Additional Insured Person(s)
Or Organization(s):
Location(s) Of Covered Operations
City of Santa Ana, 20 Civic Center
City of Santa Ana, CA
Plaza, Santa Ana, CA 92701
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
A. Section 11 - Who Is An Insured is amended to include
as an additional insured the person(s) or
organization(s) shown in the Schedule, but only with
respect to liability for "bodily Injury." "property
damage" or "personal and advertising injury" caused,
in whole or in part, by:
1. Your acts or omissions; or
2. The acts or omissions of those acting on your
behalf;
in the performance of your ongoing operations for the
additional insured(s) at the location(s) designated
above.
B. With respect to the Insurance afforded to these
additional insureds, the following additional
exclusions apply:
This insurance does not apply to 'bodily injury" or
"property damage" occurring after:
1. All work, including materials, parts or equipment
furnished in connection with such work, on the
project (other than service, maintenance or
repairs) to be performed by or on behalf of the
additional insured(s) at the location of the covered
operations has been completed; or
2. That portion of "your work" out of which the injury
or damage arises has been put to its intended use
by any person or organization other than another
contractor or subcontractor engaged in
performing operations for a principal as a part of
the same project.
By Risk M N &EMPP APPROVED
&OU620ki_
FRANCINE R. VILLAREAL
CG 20 10 07 04 Copyright, ISO Properties, Inc., 2004 Page 1 of 1
POLICY NUMBER: WS383372
COMMERCIAL GENERAL LIABILITY
CG 20 15 07 04
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - VENDORS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s) Or
Organization(s) (Vendor)
Your Products
City of Santa Ana, 20 Civic Center
City of Santa Ana, CA
Plazq, Santa Ana, CA 92701
Information required to complete this Schedule, If not shown above, will be shown In the Declarations.
A. Section 11 - Who Is An insured is amended to include
as an additional insured any person(s) or
organization(s) (referred to below as vendor) shown In
the Schedule, but only with respect to "bodily Injury' or
"property damage" arising out of "your products"
shown in the Schedule which are distributed or sold in
the regular course of the vendor's business, subject to
the following additional exclusions:
1. The insurance afforded the vendor does not apply
to:
a. "Bodily injury" or "property damage" for which
the vendor is obligated to pay damages by
reason of the assumption of liability in a
contract or agreement. This exclusion does not
apply to liability for damages that the vendor
would have in the absence of the contract or
agreement;
b. Any express warranty unauthorized by you;
c. Any physical or chemical change in the product
made intentionally by the vendor;
d. Repackaging, except when unpacked solely for
the purpose of inspection, demonstration,
testing, or the substitution of parts under
instructions from the manufacturer, and then
repackaged in the original container;
e. Any failure to make sure inspections,
adjustments, tests or servicing as the vendor
has agreed to make or normally undertakes to
make In the usual course of business, in
connection with the distribution or sale of the
products;
I. Demonstration, installation, servicing or repair
operations, except such operations performed
at the vendor's premises in connection with the
sale of the product;
g. Products which, after distribution or sale by
you, have been labeled or relabeled or used as
a container, part or ingredient of any other thing
or substance by or for the vendor; or
REVIEWED & APPROVED
By RISk MANAGEMENT OMSION
6 0 6 2019
FRANCINE R. VILLAREAL
CG 20 15 07 04 Copyright, ISO Properties, Inc., 2004 Page t of 2
h. "Bodily injury" or "property damage" arising out
of the sole negligence of the vendor for Its own
acts or omissions or those of its employees or
anyone else acting on its behalf. However, this
exclusion does not apply to:
(1)The exceptions contained In Subparagraphs
d. or f.; or
(2) Such inspections, adjustments, tests or
servicing as the vendor has agreed to make
or normally undertakes to make in the usual
course of business, in connection with the
distribution or sale of the products.
2. This Insurance does not apply to any insured
person or organization, from whom you have
acquired such products, or any Ingredient, part or
container, entering into, accompanying or
containing such products.
REVIEWED & APPROVED
By RISk MANAGEMENT DMSiON
„ .qU0 6 2019 Q
FRANCINE R. VILLAREAL
cc 20 15 07 04 Copyright, ISO Properties, Inc., 2004 Page 2 of 2
WORKERS' COMPF.NSA'I'ION DECLARATION
1. C (w15 c U I.R t, hereby affirm under penalty of perjury, the
(NaniHri[le)
roll awing declaration;
r- ^
I certify on behalf of V V4 nr,� that during the term of my
(cow'"✓Corny pan, Nm
con'ract for _mil-lu�- services with the City of Santa Ana, I will
not -.mploy any person in any manner so as to become subject to the workers'
corn pensation laws of California, and agree that if I should become subject to the
workers' compensation provisions of Section 3700 of the Labor Code, I shall forthwith
comply with tLose provisions and provide proof of workers' compensation coverage.
DATE: I
By:
Title:. o �D d `� r Ae G r
Telephone:
`�—_!C�'Jx
W.40ING: FAMURE TO SECURE WORKERS' COMPENSATION COVERAGE IS
hT'I.A WFUL, AND SHALL SUBJECTAN EMPLOYER TO CRIMINAL PENALTIES
AND CIVIL FINES LIP 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.
REVIEWED & APPROVED
By Risk MANAGEMENT DMSi0N
it 60621,
FRANCINE R. VILLAREAL