HomeMy WebLinkAboutCURRENT ELECTRIC 1z
~_
AGREEMENT TERMINATION
Please complete this form when the attached agreement is no longer in effect.
Return form to the Sr. Deputy Clerk of the Council (M-30). Ca11647-5238 if you have any
questions.
---------------/-1-------~~-I-_-------p----------------------------------
The agreement with L,IAY'Y'~7~ ~ ~Q~C-!~(,~(' > , No. ~ ~ai_ 0~ ~~-9
was completed on r~/ ~~ and final payment has been made.
Department:
Date:
Revised 8-7-03
City of Santa Ana
Clerk of the Council
,~
"
INSURANCl UN FILE
WORK MAY PROCEED
UNTIL INSURANCE EXPIRES
'7 -[-OS
CLERK OF COUNCIL
DATE: .3(~/t>5
N-2005-029
CONSULTANT AGREEMENT
(!; t(¡ If
L(!.fÍ4j{~)
THIS AGREEMENT made and entered into this J gTl^- day of 1"\ avc""- , 2005 by
and between Current Electric, Inc., a sole proprietorship (hereinafter "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 (hereinafter "City").
RECITALS
A. The City desires to retain a consultant having special skill and knowledge in the field of
installing data lines and computer terminals.
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 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 remove and install data lines and computer hookups a the Depot in Santa
Ana, as set forth in Exhibit A to this Agreement.
2.
COMPENSATION
a. City agrees to pay, and Consultant agrees to accept as total payment for its services,
the rates and charges identified in Exhibit A. The total sum to be expended under this
Agreement shall not exceed $3202.00 during the term of this Agreement.
b. Payment by City shall be made within thirty (30) days following receipt of proper
invoice evidencing work performed, subject to 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 June 30,
2005, unless terminated earlier in accordance with Section 12, below.
4.
INDEPENDENT CONTRACTOR
Consultant shall, during the entire term of this Agreement, be construed to be an
independent contractor and not an employee ofthe 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. 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. Consultant shall supply City with a fully executed
additional insured endorsement in substantially the form attached hereto as Exhibit B upon
execution of this Agreement and shall be approved in form by the City Attorney.
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 3300
of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against
liability for worker's compensation or to undertake self-insurance. Prior to commencing the
performance of the work under this Agreement, Consultant agrees to obtain and maintain any
employer's liability insurance with limits not less than $1,000,000 per accident.
d. The following requirements apply to the insurance to be provided by Consultant
pursuant to this section:
(i)
Consultant shall maintain all insurance required above in full force and
effect for the entire period covered by this Agreement.
2
(ii)
Certificates of insurance shall be furnished to the City upon execution of
this Agreement and shall be approved in form by the City Attorney.
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.
(iii)
e. If Consultant fails or refuses to produce or maintain the insurance required by this
section or fails or refuses to furnish the City with required proof that insurance has been procured
and is in force and paid for, the City shall have the right, at the City's election, to forthwith
terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its
time and materials expended prior to notification of termination. Consultant waives the right to
receive compensation and agrees to indemnify the City for any work performed prior to approval
of insurance by the City.
6.
INDEMNIFICATION
Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents,
employees, consultants, special counsel, and representatives from liability for personal injury,
damages, just compensation, restitution, judicial or equitable relief arising out of claims for
personal injury, including health, and claims for property damage, which may arise from the
direct or indirect operations of the Consultant or its contractors, subcontractors, agents,
employees, or other persons acting on their behalf which relates to the services described in
section I of this Agreement.
7.
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.
8.
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.
3
.
9.
NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this
Agreement shall be in writing and shall be deemed to be properly given if delivered in person or
mailed by first class or certified mail, postage prepaid, or sent by telefacsimile 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
telefacsimile (714) 647-6956
With courtesy copy to:
Executive Director of Community Development
City of Santa Ana
20 Civic Center Plaza (M-25)
P.O. Box 1988
Santa Ana, California 92702
telefacsimile (714) 647-6736
To Consultant:
Current Electric
723 N. Poplar Street
Orange, California 92868
telefacsimile (714) 634-9034
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 telefacsimile, 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.
10.
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 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 Consultant. The parties
agree that any terms or conditions of any purchase order or other instrument that are inconsistent
4
with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant nor
the City. Each party to this Agreement acknowledges that no representations, inducements,
promises or agreements, orally or otherwise, have been made by any party, or anyone acting on
behalf of any party, which are not embodied herein.
11. 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.
12.
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 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.
13.
DISCRlMINA TION
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.
14.
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.
5
15.
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.
16.
MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature hereinbelow has the power,
authority and right to bind their respective parties to each of the terms of this Agreement, and shall
indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to
City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn.
b. All Exhibits referenced herein and attached hereto shall be incorporated as iffully set
forth in the body of this Agreement.
II
II
II
II
II
II
II
II
II
II
II
II
II
6
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year
first above written.
ATTEST:
CITY OF SANTA ANA
~~
City Manager
~,--)
PATRICIA E. HEALY
Clerk of the Council
APPROVED AS TO FORM:
JOSEPH W. FLETCHER
City Attorney
¡J"
~~ta~~~e~~ (.' . jllLL ell¡
Assistant City Attorney'
tUJþ
~ATRICIA C. WHITAKER
Executive Director of the
Community Development Agency
CONSULTANT
7
Jan-1O-OS 03:12P
7146349034
P.OZ
-I~~~)
COMMERCIAL. INDUSTRIAL
COMMUNICATIONS. VOICE / DATA
DECEMBER 22, 2004
~AGE I OF2
THE DEPOT SANTA ANA
ATTN: CAROLYN FULLERTON
PROPOSAL I EDD SANTA ANA
SCOPE OF WORK:
. PROVIDE 10 NEW VOICE AND 10 NEW DATA TO EXISTING W~RK
STATIONS IN SUITE 107 TO MAKE UP FULL COMPLIMENTS.
. PROVIDE NEW JACKS
. INSTALL NEW WALL DATA RACK
. PUNCH DOWN AND RE- TEIUvfINA TE AS NEEDED
. PROVIDE ALL CROSS CONNECTS FOR VOICE AND DATA
TOTAL $3,202
BID GOOD FOR THIRTY DAYS
RE;'::UL;/Z
N JULJU~'
P INCIPA,:(
" CA nRúR P lONE 714-634-'1262 F^" 114.(,:14-'1014
EXHiBIT A '
EXHIBIT B
ADDITIONAL INSURED ENDORSEMENT
FOR COMMERCIAL GENERAL LIABILITY POLICY
Insurance Company
This endorsement modifies such insurance as is afforded by the provisions of Policy
# relating to the following:
I, The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 9270 I; its
officers, employees, agents, volunteers and representatives are named as additional insureds
("additional insureds") with regard to liability and defense of suits arising from the operations
and uses performed by or on behalf of the named insured,
2. With respect to claims arising out of the operations and uses performed by or on
behalf of the named insured, such insurance as is afforded by this policy is primary and is not
additional to or contributing with any other insurance carried by or for the benefit of the
additional insureds.
3. This insurance applies separately to each insured against whom claim is made or
suit is brought except with respect to the company's limits of liability. The inclusion of any
person or organization as an insured shall not affect any right which such person or organization
would have as a claimant if not so included.
4. With respect to the additional insureds, this insurance shall not be cancelled, or
materially reduced in coverage or limits except after thirty (30) days written notice has been
given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701.
(Completion of the following, including countersignature, is required to make this endorsement
effective,)
Effective
Policy #
Issued to
, this endorsement form as a part of
Named Insured
Countersigned by
Authorized Representative
8
Mar
17 05 02:37p
.
T llagl
p.2
.ar-II-Z001 [¡:!I
rrOI-Stalb Insurance
114 ¡¡¡ 0116
T-3Z8
P 001/001
F-SII
~ CERTIFICATE OF LIAI61LITY INSURANCE DATIEC~
03/03/2005
~UC" (714)773-0444 FþJ( (714)773-0196 !tlIS CERTIFICATi.!!! !~~UED AS A MATTER (
S1AIB Insurance Service ONLY ANP CONFERS NO RIGHTS UPON l1!E CERTIFICATE
HOLDER, THIS CERTFlCATE DOES IIOT AMSND. IiJCTEND OR
Lic"ns" 'OS229S7 ALTI!R THE COVIiRAGE AFFORDED BY THE POLICIES BELOW.
110 East Wilshire Avo. Ste 409
Fullerton. CA 92832 IIISURERS AFFORDING COVERAGE NAtC.
IHSUftIi:O Current Electric INSURER A' Peerless Insurance Company
723 N. Poplar St. 'NliUR&R i; Golden fagle Insuraøc:e Corp.
Orange. CA 928$8 INSURIR c~
INSURER 0;
!NsuI'ŒRE;
COVERAGES
THE POLICIES OF INSURANCE 1.15TEO BELOW HAVE BEEN ISsueD TO THE INSURED NAMED ABOVE FOR THEÞ_0!-!9~ ~~ulJ_!NOICATED, N01WlTHSTANOING
ANY REQUIREMeNT, TERM OR CONDITION OF ANY CONTAACT OR OTHER DOCUMENT WITH RESPECT TO W1-!tCH THI$ CERTIFICATE MAV BE ISSUED OR
MAV PERTAIN, THE INSURANCE AF'ORDeL18Y TÞOiE POLICIES DESCRtB!D HERI!IN IS SUBJeCT TO All TliE TERMS, ÐCCLUSIONSAND CONDITIONS OJ; SUCH
ÞOuCfIS. AGGREGATE UMITS SHOWN MAY ~'yE BEEN REDUCED BY PAID ClAIMS.
= TYPE OF 1NWltANCE POliCY NUMBER DATE ..MID 'A "'" ....."
GE'fEML LIAlILtrY CBP9746814 07/01/2004 07/01/2005 EACH oeCURR¡;:NCIi . 1 000 00
X COMMICA.OIAl GENERAl. LIAIIoIUTV ~~I~~~~" 100.00
~ b C1.Þ>JM:tIMDE [!} cccufII U&DI!XP{~,-p8I'1Ot1I ' 5~M
A - PERBONAL & Ar:N INJURY ' 1 000 001
~N!RAL ~GI'f!Gft,TI . 2.000.001
~'AC":'ñ LI"'T A"'LlES PER. ,""COuCTS. OOMPIOP A~' 2 000 001
X POLICY ~i n I.QC
~MOtILl LIABILm' CQNBINIW :SINGU! LIMIT ,
~Y AUTO (",~~..I)
- AlLowN;DAuTOS BODILY INJURY
- SOimULED AU'I'O& \p,rplIfaOl\ ,
- ÞOIJRI!D AUTOS BODILY INJURY
I--- '
/IION.0Wf4EO o\UTOS (P.",cdá8/l1)
I---
PROPERTY DAMAGE .
(Pervcd(ol\l
R~.'LIA'ILITY AlITO ONt Y - fA ACCIDfHT $
ANt AUTO OTIER TWAN éA.ACC'
AUTOOHl't': AGG .
fXCE3M1MDN!LLA \,IMIUTV CU9747014 07/01/2004 07/01/2005 ~cÞ4 OCCURR!!NŒ . 1 OOO,OO!
OO~CCUR 0 Cl.AIMS mD5 APPROVEr: AS TO AGGRiGAf1¡; ' I.GOO.OO!
B ORM ,
R ~EOUCTI8L! ./~~. j"./<: '
RETfNTlON , - .
WORKIIRS COMI"IiI'fVAl1Qft N\lD Laura ~y Sheedy iTo.YI..I¡IIT"I-I~-
EMf'lOVik" LIA8ILIT"(
AN'IIIJl()ØRInCIWAff1l'IeM)ŒCUTIVe !:LEACHACClOENT ,
Of'FIC~ER EXClUOED? Assistant ty Attorne I
~.L.D~ ¡:AfMf'I.O'<'i $
~~~~~~oJ:~öN~ b..l- EA... DISEASE. POLICY LIMIT ,
._Uf"ER CBl'9746814 07/01/2004 07/01/2005 Limit: $25.000
~~n~ed/Leosed
A "qu'pment Oed: $500
ON!jRtPTlONQI'OI"r.M.T1DH81LQÇATtOI'C$J\'I!MlClES/DClU9ION3ADPlP8Y N I"RCM IS
jngoing electrical operations per rontratt. City of Santa Ana is in.luded a. additi~l in5ured AS
heir interest may appear with respects to general liability por GEOG602 09/02 endorselllBnt attached.
*10 days notice flor non-paYllent of premium.
CER11FICATE HOlDeR
CANCELLATION
5IIOUlD AllY OF THE ABOVE DE9CR18m pDUClES PC CANClôlLkb ØØ"nRl! 1M!!
~RAT1QN Olt.Tf THl!!IæOF, THE 19SUIHGIIN9URER WILL MIA""""'" MAl..
~ DAYS WRlnEtt MOnei TO 'f'MeCõeRTlF1CATf. tIOLDr." frMJllf:D TOmE ~e".
The Dci!pot at S~nta Ana mtHX X
1000 East Santa Ana Blvd. n08 )(""~DI0I.~~~"XXXXXXXX
Santa Ana. CA 92701 AUTItOfIIØU Jl:EflrcesSNTATN'C &4ivJ...w.
Jeff warner/lOR
ACORD 2S (200,108}
@ACORDCORPORATlON1~
Mar 17 05 02:37p
,
T11ag1
p.3
Mar-II-Z005 13:36
From-Staib Iniuranc.
7141130196
7-326 P 003/005 F-516
Mar 09 06 Ol:lSp
p.Z
Tll.Cl
THIS SHEET MUST 8E COMPLETED AND ACCOMPANY
THE CERTIFICATE OF INSURANCE
ADDITIONAL INSURED ENDORSEMENT
Insurance company
PElIRLI!SS INSUllANC\! COIIPAIiY
This endorsement modifies such insuranc" as is afforded by the provisions of
Policy No, CBP9746814 relating to the fonowing:
t,
The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701 , its
officers, employees, agents, and representatives are named as additional
Insureds ('additional insur(jdS") with regard to liability and detense of suits arising
from the operations and uses performed by or on behalf of the named insured.
With respect to claims arlliing out of the operations and uses performed by or on
behalf of the named insured, such insurance as is afforded by this poticy is
primary and is not additional to or contributing with any other insurance carried
by or for the benøfit olthe additional Insureds. PI!ll CGOOO1 PAG\! 11, 4A ATTACHED.
2.
3.
This insurance applies separately to each insured against whom claim is made or
suit is brought except with respect to the company's limits of liability. The
inclusion of any person or organization as an insured ¡¡hall not a~8ct any right
which such person or organization would have as a claimant If n01 so included,
4.
With respÐct to the additional insureds, this insurance shall not be cancelled or .
materially reduced in coverage or limits except after thirty (30) days written notice
has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana,
California 92701. I!XCl!PT 10 DAYS FOR NON-PAY.
.
(Completion at the following, including countersignature, is required to make this
endorsement effective ,)
Effective
3/17/05
, this endorsement form is a part of
Policy No,
CBP9746814
Issued to
~lecrr1~ Curr~nt. Inc. dba!
Named Insured
Jf! &,."
APPROVED AS TO FORM
[~..>i3'
Laura Stitt Sheedy
Assistant City Attornev
Current E18çt~ic
,.~
Countersigned by
W:mi$c:Ccnìlil:il.lc of In5l.\r,¡,ncc: QcI¡3icioft:¡ .:ød01$cml'fll
Mar 17 05 02:37p
.
. f!¡¡r-I1-2DDI 13:36
T11ag1
From-Staib In5urancI
'b~ If ,a. cI.~im is made- or r'suir is' brought against
any, insured, YO.l.lmu$t:
(1)" .Immediately reCord the. s~clfi.C$ of the
claim or ".uit" and the date'receivea: ana
(2) Nollly uus soon as practiCable,
'(ou ml.l5t seE 'to 'it.,t¡'lIt we, recewe.writtenno-
tice of thE! claim Or "suir" as soon as pract¡c¡s-
~e. .
c. V,ou-and.an)' ,otber jn,vo.lved insured; must:
(1) 'Immediately sena us copies .of any de-
mangs, n~ce., 'IJJ1Ìmonses,' or legs! pa-
pers received ,in connection- with, the claim
or "suit";
(2)' Authorize us ~to ,obtain records 'and other
information:
(J Cooperale With us in the Investigation '"
~ttlemGnt'of the claim ot defensi3 ,açainst
the 'suit:'; and
(4) Ass'Istus,up.onour request. :in _'the en~
fOrcemenl of 'any tighf againsf any person
or .or9anl2allon whict1 may bellaOle to the
Insured becauSe of injury oraamage. 10
whlc.n this In~urance:may also apply.
d. No insur9d will, except atthatinsur,ed's own
cost, voluntarily'make a:paym.ent, assu'me any
obligalion. or im;:ur: ¡arÌy.expeDse, othër'than:for
fi",t aid, Wit/1Qutour consent
3. Logo' Action Agalnsl'Us
No. perso'n, or organill.'ltÎOr:i haG' a rIght under this
Coverage Part. .
a. To join ua aa. ,part)\.or otherwis'e,brlng us Into
a "~suWI asking for dainage$ from'li'n ,ìns.ured; or
b. rosue us on this Coverage Pert unless all of
Its term. have been fully complied With.
A, person or orga'niza~on may sue us to reco'lsr on
an agreed. settlement or on a fll1aljudgment
3galnst an Insured; but we wi" not" be liable ,for
Clamages that are not payable under the Ie""S of
this Covarage Part ar that are in excess ofthe'3p-
pllc.OIe limit of insuranco, An agr8êd settlement
means a settlwment,and 'release of.llab:1l1ty signed
by us, the,insured and the claimant or the' claim-
ertt's'-'egaf represents'li"e. I
CG 00011001
714 173 DI98
T-m
P DOl/DOl
~ou,er n.urance
If other, vaj¡d .and collectible insurance is available
to the inS\1rI3d for a loss W6 cover under Cover-
ages .ø.:or'S of this Coverage Part, our obligations
are limited as.follows:
ârjm,ary nsurance
UThiS insuranCe is primary except when b. be-
,low applies, If thi. insurance Is primery, our ob-
ligations -are .not affected unles:s an.y of the
other, insurance' is .a150 primary. Then. we will
'shar~, with aU. that ather insurance by the
moth<XJ described :in c" belOw"
b. Excess 'Insurance
This insurànce ïs eXceS5 over:
(1) Any of the other insurance. whether pri-
'mary, excess. contingent Or on any other
"basis:
(IJ ThaI is Fire, Extended Coverage,
Builder's Risk, Installation Risk, or similar
coverage for "your work";
(bl ThaI is Fire insurance for premises
rented to you or temporarily oc~ltpied by
you with permission of 1he owner;
(ç) That is inSlJrance purchaSlldby you to
cover your liability as a tenant Jor IIprop~
erty damage" to premises rerttéd to you
Of temporarily occupied bV yOu with
øermission of the' ownet: 'Qr
(d) If the loas arises out of the maintenance
or use of aircraft, I.'autos" or watercraft to
toe extent not sUbjscttp .exclusion g., of
Section I - Coverage A - B<XJily Injury
And'Property Damage Liability,
(2) Any other primary insurance available to
you coverll1g haMily for damage. arising
out of the premises or operationS for Wh,CJ'l
you have been added as an additional in-
sured by attachment of an endorsement.
¡\ L') AS TO FORM
-ph 3/')
,., ,';;":It''Shcecly
le,, i- City Attorney
C ISO Properties. Ino.. 2000
Page 11 of 16
p.4
F-518
0