HomeMy WebLinkAboutERIC BAUER dba ALLIANCE RACE TIMINGN A &ACRN1FILE N-2021-166
WORK MAY PROCEED
UNTIL INSURANCE EXPIRES
�/11�hzz
CLERK OF COUNCIL AGREEMENT WITH ALLIANCE RACE TIMING TO PROVIDE
DATE TIMING SERVICES FOR SANTA ANA 5K
THIS AGREEMENT is made and entered into on this 19th day of August, 2021, by and
between Eric Bauer dba Alliance Race Timing, ("Consultant'), and the City of Santa Ana, a charter
city and municipal corporation organized and existing under the Constitution and laws of the State
of California ("City").
RECITALS
A. The City desires to retain a Consultant having special skill and knowledge in the field of
providing timing services for the Santa Ana 5K scheduled for October 23, 2021.
B. Consultant represents that it 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 consulting firm in the field.
NOW THEREFORE, in consideration of the mutual and respective promises, and
subject to the terms and conditions hereinafter set forth, the parties agree as follows:
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, attached hereto and
incorporated by reference.
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 A. The total amount authorized during
the term of this Agreement shall not exceed $6,300. The sum of this expenditure is
comprised of 1) the base amount of $5,250; and 2) a contingency amount $1,050 for
additional services to be provided at the sole discretion of the City
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.
k�:7uTi
This Agreement shall commence on the date first written above and continue through
November 30, 2021, unless terminated earlier in accordance with Section 14, below.
Page 1
4. INDEPENDENT CONTRACTOR
Consultant shall, during the entire term of this Agreement, be construed to be an
independent Consultant and not an employee of the City. This Agreement is not intended nor shall
it be construed to create an employer -employee relationship, a joint venture relationship, or to
allow the City to exercise discretion or control over the professional manner in which Consultant
performs the services which are the subject matter of this Agreement; however, the services to be
provided by Consultant shall be provided in a manner consistent with all applicable standards and
regulations governing such services. Consultant shall pay all salaries and wages, employer's social
security taxes, unemployment insurance and similar taxes relating to employees and shall be
responsible for all applicable withholding taxes.
5. INSURANCE
Prior to undertaking performance of work under this Agreement, Consultant shall maintain
and shall require its subcontractors, if any, to obtain and maintain insurance as described below:
a. Consultant shall procure and maintain for the duration of the contract insurance
against claims for injuries to persons or damages to property which may arise from
or in connection with the performance of the work hereunder and the results of that
work by the Consultant, his agents, representatives, employees or subcontractors.
Coverage shall be at least as broad as:
1) Commercial General Liability (CGL): Insurance Services Office Form CG
00 01 covering CGL on an "occurrence" basis, including products and
completed operations, property damage, bodily injury and personal &
advertising injury with limits no less than $1,000,000 per occurrence. If a
general aggregate limit applies, either the general aggregate limit shall
apply separately to this project/location (ISO CG 25 03 or 25 04) or the
general aggregate limit shall be twice the required occurrence limit.
2) Automobile Liability: ISO Form Number CA 00 01 covering any auto
(Code 1), or if Consultant has no owned autos, hired, (Code 8) and non -
owned autos (Code 9), with limit no less than $1,000,000 per accident for
bodily injury and property damage,
3) Workers' Compensation: as required by the State of California, with
Statutory Limits, and Employer's Liability Insurance with limit of no less
than $1,000,000 per accident for bodily injury or disease.
b. If the Consultant maintains broader coverage and/or higher limits than the
minimums shown above, the City requires and shall be entitled to the broader
coverage and/or the higher limits maintained by the contractor. Any available
insurance proceeds in excess of the specified minimum limits of insurance and
coverage shall be available to the City.
c. Other Insurance Provisions- The insurance policies are to contain, or be endorsed
to contain, the following provisions:
Page 2
1) Additional Insured Status- The City, its officers, officials, employees, and
volunteers are to be covered as additional insureds on the CGL policy with
respect to liability arising out of work or operations performed by or on
behalf of the Consultant including materials, parts, or equipment furnished
in connection with such work or operations. General liability coverage can
be provided in the form of an endorsement to the Consultant's insurance (at
least as broad as ISO Form CG 20 10 It 85 or if not available, through the
addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20
37 if a later edition is used).
2) Primary Coverage- For any claims related to this contract, the Consultant's
insurance coverage shall be primary coverage at least as broad as ISO CG
20 01 04 13 as respects the City, its officers, officials, employees, and
.volunteers. Any insurance or self-insurance maintained by the City, its
officers, officials, employees, or volunteers shall be excess of the
Consultant's insurance and shall not contribute with it.
3) Notice of Cancellation- Each insurance policy required above shall provide
that coverage shall not be canceled, except with notice to the City.
4) Waiver of Subrogation- Consultant hereby grants to City a waiver of any
right to subrogation which any insurer of said Consultant may acquire
against the City by virtue of the payment of any loss under such insurance.
Consultant agrees to obtain any endorsement that may be necessary to affect
this waiver of subrogation, but this provision applies regardless of whether
or not the City has received a waiver of subrogation endorsement from the
insurer.
5) Self -Insured Retentions- Self -insured retentions must be declared to and
approved by the City. The City may require the Consultant to purchase
coverage with a lower retention or provide proof of ability to pay losses and
related investigations, claim administration, and defense expenses within
the retention. The policy language shall provide, or be endorsed to provide,
that the self -insured retention may be satisfied by either the named insured
or City.
6) Acceptability of Insurers- Insurance is to be placed with insurers authorized
to conduct business in the state with a current A.M. Best's rating of no less
than A:VII, unless otherwise acceptable to the City.
7) Claims Made Policies- If any of the required policies provide claims -made
coverage:
a. The Retroactive Date must be shown, and must be before the date
of the contract or the beginning of contract work.
b. Insurance must be maintained and evidence of insurance must be
provided for at least five (5) years after completion of the contract
of work.
c. If coverage is canceled or non -renewed, and not replaced with
another claims -made policy form with a Retroactive Date prior to
Page 3
the contract effective date, the Consultant must purchase "extended
reporting" coverage for a minimum of five (5) years after
completion of work.
8) Verification of Coverage- Consultant shall furnish the City with original
Certificates of Insurance including all required amendatory endorsements
(or copies of the applicable policy language effecting coverage required by
this clause) and a copy of the Declarations and Endorsement Page of the
CGL policy listing all policy endorsements to City before work begins.
However, failure to obtain the required documents prior to the work
beginning shall not waive the Consultant's obligation to provide them.
d. The City reserves the right to require complete, certified copies of all required
insurance policies, including endorsements required by these specifications, at any
time.
6. 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 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 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 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.
7. 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.
Page 4
8. 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
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.
9. CONFIDENTIALITY
If Consultant receives from the City information which due to the nature of such
information is reasonably understood to be confidential and/or proprietary, Consultant agrees that
it shall not use or disclose such information except in the performance of this Agreement, and
further agrees to exercise the same degree of care it uses to protect its own information of like
importance, but in no event less than reasonable care. "Confidential Information" shall include all
nonpublic information. Confidential information includes not only written information, but also
information transferred orally, visually, electronically, or by other means. Confidential
information disclosed to either party by any subsidiary and/or agent of the other party is covered
by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any
information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the
Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant
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.
10. 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.
11. NON-DISCRIMINATION
Consultant shall not discriminate because of race, color, creed, religion, sex, marital status,
sexual orientation, gender identity, gender expression, gender, medical conditions, genetic
information, or military and veteran status, age, national origin, ancestry, or disability, as defined
and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization,
promotion, termination or other employment related activities or any services provided under this
Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all
applicable federal, state and local laws and regulations.
Page 5
12. 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 an authorized 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 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
party, which is not embodied herein.
13. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Contractor,
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 Contractors retained by City.
14. TERMINATION
This Agreement may be terminated by the City upon five (5) 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.
15. 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.
Page 6
16. 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.
17. PROFESSIONAL LICENSES
Consultant shall, throughout the term of this Agreement, maintain all necessary licenses,
permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder
and required by the laws and regulations of the United 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.
18. 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 t988
Santa Ana, CA 92702-1988
Fax: 714- 647-6956
With courtesy copies to:
Executive Director,
Parks, Recreation, & Community
Services Agency
City of Santa Ana
20 Civic Center Plaza (M-23)
P.O. Box 1988
Santa Ana, California 92702
Fax:714-571-4211
To Consultant:
Alliance Race Timing
Attn: Eric Bauer, Owner
2801 Summerfield Ct.
Sacramento, CA 95691
eric@allianceracetiming.com
A party may change its address by giving notice in writing to the other parry. 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.
19. 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. The Agreement is the final and complete agreement and any prior or
contemporaneous agreements for similar services between the parties is superseded
by this Agreement. This shall not apply where the Parties are currently engaged
and Consultant is providing services not contemplated by this Agreement
C. All Exhibits referenced herein and attached hereto shall be incorporated as if fully
set forth in the body of this Agreement.
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 Attorney
By: d.awt4 A. Rvz��
Laura A. Rossini
Chief Assistant City Attorney
[Signatures continue on the next page]
CITY OF SANTA ANA
Kristine Ridge
City Manager
ALLIANCE RACE TIMING
Eric Bauer
Owner
Page 8
RECOMMENDED FOR APPROVAL:
U Mm
Lisa R dloff
Executive Director
Parks, Recreation, & Community Services Agency
Page 9
EXHIBIT A
SCOPE OF SERVICES and FEES/RATES
Alliance Race Timing
2801 Summertield Of A
West Sacramento, CA 95691 US
eric@allianceracetiming.com
www.allianceracetiming.com
ALLIANCE
RACE TIMING
Estimate
ADDRESS ESTIMATE # 1048
Santa Ana 5K DATE 06/17/2021
10/23/21 EXPIRATION DATE 09/17/2021
ACTIVITY
QTY
RATE
AMOUNT
Timing.Timing Fee
2,500
2.10
5,250.00
$2.10 per registrant, includes custom
race bibs with QR code and safety
pins.
Additional Service
1
0.00
0.00
Online registration/results through
partner Runsignup using OR codes.
Additional Service
1
0.00
0.00
2 timers onsite for packet pickup to
oversee check in process done via
Runsignup's check in app
Additional Service
1
0.00
0.00
Separate start and finish chip timing,
backup timing and inflatable arches
provided. Small PA system for start
line announcements included.
Additional Service
1
0.00
0.00
2 inflatable arches and generators
provided for start and finish line
locations.
Additional Service
1
0.00
0.00
Start and finish line power, table,
chairs, popup tent included for our
timing needs.
Additional Service
1
0.00
0.00
LED race clock and live results
published online.
Additional Service
1
0.00
0.00
Minimum Fee is $3500.00
TOTAL $5�250.00
Accepted By Accepted Date
A /�l1 if ere
CERTIFICATE OF LIABILITY INSURANCE DATE(MMODYYyy)
08I12/2021
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS
UPON THE CERTIFICATE HOLDER. THIS POLICIES
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE
HE ICIE
HE POLICIES
S
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING
INSURE
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions be
or endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement.
A statement on
this certificate does not confer rights to the certificate holder in lieu of such endoreement(s).
PRODUCER
Sta7fCfBPFB
CON C Ryan Maguire
Ryan Maguire Insurance Agency Inc
PNONE FAI. 916.572-0090 Fax 818-572-0495
i2210 Lake Washington Blvd Ste 120
®
E-MgIL °
DRE - ryan.maguire.y75r@statefarm.com
INSURERS AFFORDING COVERAGE
NAIL$
West Sacramento CA 95691
INSURERA: State Farm General Insurance Company
INSURED
25151
Eric &Jennifer Bauer
INSURERS:
INSURER c
DBA Synergy Race Timing & Alliance Race Timing
I
813 W Harbor Blvd Ste. 305
INSURER 0:
INSURER E:
W Sacramento CA 95691
INSURER F:
COVERAGES ro0rmrr ATc aD raanvo.
POLICIESOF INSURANCE
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED
T
HEVI5ION NUMBER:
TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED
DOCUMENT WITH RESPECT TO WHICH THIS
HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY
PAID CLAIMS.
F INSURANCE AODL SUB PO4CY EFF POLICY EXP
PoUCYNUMBER
M MID
GENERALLU 0ILITY
LIMITS
ADE �X OCCUR
EACH OCCURRENCE g 1,000,000
PREMISES Ee ocnnrerKa $ 1,000,000
X 90.E0.G995-1 OB/01/2021 06/01/2022
rA
MED EXP (An. one
PERSONALBAOVINJURY $ 1,D00,000
LIMB APPLIES PER
0. LOCPRODUCTS-COMPIOP
GENERAL AGGREGATE g 2,000,000
JE
AGO $ 2.000,000
Deductible $ 1,()D0
AUTOMOBILE W161UTY
NGLE IMEANY
a de�S $
OWNED SCHEDULED
BODILY WJURY(Parpemon) $
AUTOS
AUTOS ONLY AUTOS
HIRED NON -OWNED
BODILY INJURY (Per eerldeN) s
AUTOS ONLY AUTOS ONLY
Perr Pestle DAMgGE $
Collision Deductible $
UMBRELLA LIAR
OCCUR
EXCESS UAB
EACH
EACH OCCURRENCE
AGGREGATE
$
OEO RETENTION $
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
PER OTH-
STA ER
$
ANY PRONEMBER/PXCLUDE EXECUTIVE YIN
OFFlCERRy
N/A
EL EACH ACCIDENT
$
In NH)EXCLUDE04
(Mandatory In NH)
E.L. DISEASE -FA EMPLOYE
$
If yes, tlescnbe under
DESCRIPnDN OF OPERATIONS below
ELL DISEASE -POLICY LIMIT
$
DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, AtltlNion it Remarks Schetlule, may be attached If mom space IS required)
Effective 10/21/2021 - 10/24/2021 Electronic Timing Services for 5k Race.
0 Risk A AGEMENT DIVISION
G 3 2021
SAMANTkA M. LAMBERT
CERTIFICATE HGI IIFR
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
City of Santa Ana, Risk Management ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
20 Civic Center Plaza Completed by an authorized State Farm representative. If Signature
Santa Ana CA 92701 is required, please contact a State Farm agent.
(D1988-2015 ACORD CORPORATION Au .;_k ..-____.-..
I ne ACLIRD name and logo are registered marks of ACORD
IOU1486 132849.13 N-22-2020
CA Policy No. 90 EOG995 1 CMP-4786.1
Page 1 of 2
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CMP-4786.1 ADDITIONAL INSURED — OWNERS, LESSEES, OR CONTRACTORS
(Scheduled)
This endorsement modifies insurance provided under the following:
BUSINESSOWNERS COVERAGE FORM
SCHEDULE
Policy Number: 90 EOG995 1
Named Insured:
BAUER, ERIC & JENNIFER
DBA SYNERGY RACE TIMING &
ALLIANCE RACE TIMING
813 HARBOR BLVD STE 305
W SACRAMENTO CA 95691-2201
Name And Address Of Additional Insured Person Or Organization:
City of Santa Ana, Risk Management
20 Civic Center Plaza
Santa Ana, CA 92701
1. SECTION II — WHO IS AN INSURED of
SECTION II — LIABILITY is amended to in-
clude, as an additional insured, any person or
organization shown in the Schedule, but only
with respect to liability for "bodily injury ,
"property damage", or "personal and advertis-
ing injury" caused, in whole or in part, by:
a. Ongoing Operations
(1) Your acts or omissions; or
(2) The acts or omissions of those acting
on your behalf;
in the performance of your ongoing opera-
tions for that additional insured; or
b. Products — Completed Operations
"Your work" performed for that additional
insured and included in the "products -
completed operations hazard".
However, Paragraph 1. above is subject to the
following:
b. If coverage provided to the additional in-
sured is required by a contract or agree-
ment, the insurance provided to the
additional insured will not be broader than
that which you are required by the contract
or agreement to provide for such addition-
al insured; and
c. If the contract or agreement between you
and the additional insured is governed by
California Civil Code Section 2782 or
2782.05, the insurance provided to the
additional insured is the lesser of that
which:
(1) Is allowed for the satisfaction of a de-
fense or indemnity obligation by Cali-
fornia Civil Code Section 2782 or
2782.05 for your sole liability; or
(2) You are required by contract or
agreement to provide for such addi-
tional insured.
a. The insurance afforded to the additional We have no duty to defend or indemnify the
insured only applies to the extent permit- additional insured under this endorsement un-
ted by law; til a claim or "suit" is tendered to us.
REVIE D & APPROVED
O, Copyright, State Farm Mutual Automobile Insurance Company, 21111 y RiSk NAGEMENr DIVISION
Includes copyrighted material of InsuranceNUEDces Office, Inc., with its permissio .
U 32021
M. LAMBERT
CMP-4786.1
2. Any insurance provided to the additional in-
sured shall only apply with respect to a claim
Page 2 of 2
(3) The nature and location of any injury
made or a "suit" brought for damages for
or damage arising out of the "occur -
rence" or offense;
which you are provided coverage.
3. With respect to the insurance afforded to the
b. Tender the defense and indemnity of any
claim or "suit" to us and to all other insur-
additional insured, the following is added to
SECTION 11— LIMITS OF INSURANCE:
ers who may have insurance potentially
available to the additional insured;
If coverage provided to the additional insured
is
and
c. Agree to make available any other insur-
required by contract or agreement, the most
we will pay on behalf of the additional insured
ance the additional insured has for de -
will be the lesser of the amount of insurance:
fense or damages for which we would
provide coverage
a. Required by the contract or agreement; or
under SECTION If —
LIABILITY.
b. Available under the applicable Limits Of
5. With respect to the insurance afforded the ad -
Insurance shown in the Declarations.
ditional insured, the following replaces SEC -
This endorsement shall not increase the a -
P
TION 11 —LIABILITY of Paragraph 7. Other
plicable Limits Of Insurance shown in the
Insurance of SECTION I AND SECTION 11—
Declarations.
COMMON POLICY CONDITIONS:
4. With respect to the insurance afforded to the
a. This insurance is primary to and will not
seek contribution from other insurance
additional insured, the following is added to
Paragraph 3. Duties In The Event Of Occur-
available to the additional insured, provided
that the additional insured is a named in-
rence, Offense, Claim Or Suit of SECTION
sured under such other insurance.
If — GENERAL CONDITIONS:
b. Regardless of any agreement between
The additional insured must:
you and the additional insured, this insur-
a. See to it that we are notified as soon as
ance is excess over any other insurance
whether primary, excess,
practicable of an "occurrence" or an of-
fence which may result a claim. To the
contingent or on
any other basis for which the additional in -
extent possible, notice should include:
sured has been added as an additional in-
sured on other policies.
(1) How, when and where the "occur-
rence" or offense took place;
There will be no refund of in the event
(2) The names and addresses of any in-
this endorsement is cancelledremium
jured persons and witnesses; and
All other policy provisions apply.
CMP-4786,1
®, Copyright, State Farm Mutual Automobile Insurance Company, 2013 1007033 148011 08-21-2014
Includes copyrighted material of Insurance
Services Office, Inc., with its permission.
BI R s WED & APPROVED
f( QEMENT DIViSiON
2021
LAMBERT
ALLIANCE RACE TIMING
AM iriSe Ract Timing
Eric Bauet
2801 3ummerfield Ct
Wtnt Sacramento, CA 95691
August 3, 2021
Cny of Santa Ana
MIA ManitemEnt Divisocin
20 Civic Center Piny
Santa Ana, CA 91M2
Re! Auto insurance Requirement and 1&0 Release of Uabeay.
Dear City of Santa Ana Riik Maanagemoot Diviu4n:
1, (Eric 84ver), (AWante Race Timing), hereby release the City of Automobile liability_
f do not use/cInve any vehicle during the cowse and cape of my participation a service with the
City oe Santa Ana.
During the term 10/22/21 through 10123/21, 1 will be ethibiting/praneding (activaty) to the public
at the City`, fiestas Ratrias Festival event located at.: pots Wwn Santa Ana, Santa Ana.
Sincerely,
(Eric BaueY�
(Allianct Rate Timing)
& APPROVED
4gEMEM MiSiON
2 3 2021,
M. LAMBERT
CT TV OF SANrA Ax,1
R15k MANAGEMENT s .6rt ew K HuAjAN Rt UXWES
— --- - - - ARWWgIng Rik r a* POs M OUnge .
WORKERS' COMPENSATION DECLARATION
EfIC QaUEf/CaWn@!' hereby affirm under penalty of perjury, the
!Humr/)'iJrl�
following declaration;
I certify orn behalf of Alliance Race riming
that during the terns
r"���
Of my contract for re8lslxalionlbmirg
„ services with the City of Santa Ana,
�iYr7/� 1[t4t[4' p`riv�:iedj
1 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 tp the
viarkers' eompensatian provisions of Se 3700 of the tabor Code, I shall forthwith
f.Qmply with the provisions and provide proof of workers' compensation coverage.
Date: 8l3/29
Print Frame_ Ei1C Bauer
Print Title:
owner _
Signature;
Telephone: 915-712_3993
WARNING. FAILURE TO SECURE WORKERS' COMPENSATION COVERAGE IS UNLAWFUL, AND
SHALL SUBJECT AN EMPLOYER TO CRIMINAL PENALTIES AND CIVIL FINES UP TO ONE HUNDRED
THG'USAND DOLLARS ($100,0()0)_ IN ADDITIONA1. TO THE COST DF CO PEN ION, S DAMAGF.
AS DROVFDED IFOR IN SECTION3706 OF THE LABOR CODE, INTEREST, AND l'.TTrJRNEY S FEES.
& APPROVED
ir4EMENT DIVISION
232021
M. LAMBERT
e:at"ff?ArUnwrunc,rlTr�me.", tletr+rtaevds:s�noilsla�9