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HomeMy WebLinkAbout32nd DISTRICT AGRICULTURAL ASSOC. 06 . " Felli"\-I F -31 I " REVIEWE~cR. \PPROVED W N-2002-013 AGREEMENT NO. R-032-02 RENTAL AGREEMENT DATE December 20,2001 tz..- FAIRTIME ~ INTERIM x THIS AGREEMENT by and between the 32"d District Agricultural Association hereinafter called the Association, and CITY OF SANTA ANA hereinafter, called the Rentor ~TNESSETH: , 1. THAT WHEREAS, The Rentar desires to secure from the Association certain rights and privileges and to obtain permission from the Association to use Association premises: January 1, 2002 and ending on December 31, 2002 2. NOW, THEREFORE, Association hereby grants to the Rentor the right to occupy the space(s) described below for the purpose hereinafter set forth, subject to the terms and conditions of this agreement: Parking lot "H" 3. The purpose of occupancy shall be limited to, and shall be for no other purpose or purposes whatsoever: Officer Training 4. Rentor agrees to pay to Association for the rights and priviieges hereby granted, the amounts and in the manner set forth below: Please see Exhibits "A" "B" and "C" which are Incorporated and made part of the Rental Agreement. 5. Association shall have the right to audit and monitor any and all sales as well as access to the premises. 6. Rentar further agrees to indemnify and save harmless Association and the State of California, their officers, agents, servants and employees from any and all claims, causes of action and suits accruing or resulting from any damages, injury or loss to any person or persons, including all persons to whom the Rentar may be liable under any Workers' Compensation law and Rentor himself and from any loss, damage, cause of action, claims or suits for damages including but not limited to loss of property, goods, wares or merchandise, caused by, arising out of or in any way connected with the ex.ercise by Rentor of the privileges herein granted. 7. Rentor further agrees that he will not sell, exchange or barter, or permit his employees to sell, exchange or barter, any permits issued to Rentor or his employees hereunder. 8. It is mutually understood and agreed that this contract or the privileges granted herein, or any part thereof, cannot be assigned or otherwise -lisposed of without the written consent of Association. 9. It is mutually understood and agreed that no alteration or variation of the terms of this contract shall be valid, unless made in writing and signed by the parties hereto, and that no oral understanding or agreements not incorporated herein and no alterations or variations of the terms hereof, unless made in writing and signed by the parties hereto, shall be binding upon any of the parties hereto, 10. The Rules and Regulations printed on the reserve side hereof are made a part of this agreement as though fully incorporated herein, and Rentor agrees that he has read this agreement and the said Rules and Regulations and understands that they shall apply, unless amended by mutual consent in writing of the parties hereto. 11. In the event Rentor fails to comply in any respect with the terms of this agreement and the Rules and Regulations referred to berein, all payments for this rental space shall be deemed earned and non-refundable by Association and Association shall have the right to occupy the space in any maIUler deemed for the best interest of Association. 12. Special Provisions: The Facility Rentals handbook does hereby become a part of this Rental Agreement by reference and is on file with the Association. By signing the Agreement, Renter acknowledges that they have read the Facility Rentals handbook and agrees to abide by said Rules and Regulations. 13. This agreement is not binding upon Association until it has been duly accepted and signed by its authorized representative, and approved (if required) by the Department of Food and Agriculture and Department of General Services. IN WITNESS WHEREOF, This agreement has been executed in quadruplicate, by and on bebalfofthe parties hereto, the day and year first above written. By 32"d District Agricultural Association 88 Fair Drive Costa Mesa, CA. 92~ By ~'_~~ Title Becky Bailey-Findley, General Manager City of Santa Ana 20 Civic Center Plaza, M-23 Santa Ana, CA 92702 Title APPROV~? AS ~O CONTENT . . , ! .I \ ~'; uti- v ,L'f,.l,.t...-L"" \I-:--- Paul M. Walters Chief of Police APPROVED AS TO FORH ~IIUrl . . ) .. ~ -----d_ f aura Sheedy PATRICIA ~Assistant City CLIRK OF THE OOIlNCIL AGREEMENT: R-032-02 DATED: December 20, 2001 WITH: CITYOFSAl'iTAANA PHONE: (714) 245-8052 EXHIBIT "A" DATE(S) OF EVENT: January 1, 2002 and ending on December 31,2002 EVENT NAME: Officer Training LOCATION(S): PARKING LOT "H" @ S525.00/day ....................................................................... $ in - kind trade HOURS: 8am - 5pm ESTIMATED ATTENDANCE: 15 - 50 RENTER AGREES: · That this agreement covers all officer training to rake place at the Orange County Fair & Exposition Center during the year 2002. · To contact the Event Services Department @ (714) 708-1572 prior to scheduling any training sessions to assure that the location is available. · An Orange County Fair & Exposition Center written Confirmation approving each date and specific location is required prior to a renter promoting or advertising an event. This avoids any miscommunication between your patrons and the Orange County Fair & Exposition Center. . To notify the Event Services Department at the time of reserving space if shot gun(s) will be used that fire shells filled with bean bags and rubber pellets. . To pay the District in the manner of trade out services. Trade out services could include, but not limited to: Educational display for the annual Youth Expo taking place in April or the annual Orange County Fair in July. . To notify the District of any accidents that takes place during the training. . To reimburse the District for any out of pocket expenses related to this event. . To limit speeds to 40 mph. . To provide proof of insurance coverage for the year 2002. . Parking lot usage will be conducted in a safe manner, with consideration of other activities taking place at the Exposition Center. To ensure safety within and around your event, the District may, at the expense of the renter, construct a barrier around the perimeter of the driving portion of the event. Renter will be responsible for further necessary precautions in and around the event. o The total sum to be expended under this Agreement, shall not exceed $10,000 during the term of this Agreement. EXHIBIT "B" California Fair Services Authority INSURANCE REQUIREMENTS I. Evidence of Coverage The contractor/renter shall provide a signed original evidence of coverage for the term of the agreement protecting the legal liability of the State of California, District Agricultural Associations, County Fairs, or California Exposition and State Fair, their officers, agents, servants, and employees, from occurrences related to operations under the contract. Tbis may be provided by: A. Insurance Certificate - The contractor/renter provides the fair with a signed original certificate of the insurance (the ACORD form is acceptable), lawfully transacted, which sets forth the following: I. List as the Additional Insured: "That the State of California, District Agricultural Association, County Fair, or California Exposition and State Fair, their agents, officers, servants and employees are made additional insured, but only insofar as the operations under this contract are concerned." 2. ~ The dates of inception and expiration of the insurance. For individual events, the specific event dates must be listed, along with all set-up and tear down dates. 3. Coverages: a. Liabilitv - Commercial General Liability coverage, on an occurrence basis, at least as broad as the current Insurance Service Office (ISO) policy form #CG 000 I. Limits shall not be less than $5,000,000 combined single lirnits per occurrence for Fairtime Carnival Rides; $3,000,000 combined single limits per occurrence for Motorized Events and Rodeo Events All Types; $2,000,000 combined single limits per occurrence for Interim Carnival Rides, Concerts, and Raves with over 5,000 attendees, Mechanical Bulls, Extreme Attractions All Types, Orbitrons, and Simulators; $1,000,000 for all other contracts for which liability insurance (and liquor liability, if applicable) is required. b. Automobile Liability - Commercial Automobile Liability coverage, on a per accident basis, at least as broad as the current ISO policy for # CA 0001, Symbol #1 (Any Auto) with limits of not less than $1,000,000 combined single limits per accidents for contracts involving extensive use of contractor vehicles (autos, trucks, or other licensed vehicles) on fairgrounds. c. Workers' Compensation - Workers' Compensation coverage shall be maintained whenever contractor/renter has employees, as required by law. 4. Cancellation Notice' A statement by the insurance company that it will not cancel said policy or policies without giving 30 days prior written notice to the named certificate holder. 5. Certificate Holder: . For Individual Events Only - Fair, along with fair's address, is listed as the certificate holder. . For Master Insurance Certificates Only - California Fairs Services Authority, Attn: Risk Management, 1776 Tribute Road, Suite 100, Sacramento, CA 95815 is listed as the certificate holder. 6. Insurance Comoany' The company providing insurance coverage must be acceptable to the California Department of Insurance. QE. B. CFSA Special Events Pro"rarn - The contractor/renter obtains liability protection through the California Fair Services Authority (CFSA) Special Events Program, when applicable. QR c. Master Certificates - A current master certificate of insurance for the contractor/renter has been approved by and is on file with California Fair Services Authority (CFSA). QR D. Self-Insurance - The contractor/renter is self insured and acceptable evidence of self insurance has been approved by California Fair Services Authority (CFSA). II. Maintenance of Coverage The contractor/renter agrees that the commercial general liability (and automobile liability and/or workers' compensation, if applicable) insurance coverage herein provided for shall be in effect at all times during the term of this contract. In the event said insurance coverage expires at any time or times prior to or during the term of this rontract, contractor/renter agrees to provide the fair, prior to said expiration date, a new certificate of insurance evidencing insurance coverage as provided for herein for not less than the remainder of the term of the contract, or for a period of not less than one (I) year. New certificates of insurance are subject to the approval of California Fair Services Authority, and contractor/renter agrees that no work or services shall be performed prior to the giving of such approval. In the event the contractor/renter fails to keep in effect at all times insurance coverage as herein provided, the fair may, in addition to any other remedies it may have, terminate this contract upon the occurrence of such event. III. Participant Waivers For hazardous participant events, the contractor/renter agrees to obtain a properly executed Release and Waiver of Liability Agreement (CFSA For "Release. Lib") from each participant prior to hislber participation in the events sponsored by contractor/renter. Hazardous participant events include but are not limited to any event within the following broad categories: Athletic Team Events; Equestrian-related Events; Motorized Events; Rodeo Events; and Wheeled Events, including bicycles, skates, skateboard, or scooter. Contact California Fair Services Authority at (916) 921-2213 for further information. California EXHIBIT "e" Division of Fairs & Expositions STANDARD CONTRACT TERMS AND CONDITIONS (F.31, RENTAL AGREEMENT) 1. National Labor Relations Board (PCC Section 10296 Contractor, by signing this contract, does swear under penalty of perjury that no more than one final unappealable finding of contempt of court by a Federal Court has been issued against contractor within the immediately preceding two-year period because of the contractor's failure to comply with an order of a Federal Court which orders the contractor to comply with an order of National Labor Relations Board (Public Contract Code Section 10296). 2. Resolution of Contract DisDutes (PCC 10240.5. 10381\ If, during the performance of this agreement, a dispute arises between contractor and Fair Management, which cannot be settled by discussion, the contractor shall submit a written statement regarding the dispute to Fair Management. A decision by Fair Management shall be made to the Contractor in writing, and shall be final and conclusive. Contractor shall continue to perform contract requirements without interruption during the dispute period. 3. Non-Discrimination Clause/Statement of Compliance (GC 12990/CCR 8103-8120\ During the performance of this contract, contractor and its subcontractors shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition (cancer), age (over 40), marital status, and denial of family care leave. Contractors and subcontractors shall ensure that the evaiuation and treatment of their employees and applicants for employment are free of such discrimination and harassment. Contractors and subcontractors shall comply with the provision of the Fair Employment and Housing Act (Gov. Code Section 12900, et seq.) and the applicable regulations promulgated thereunder (CA Code of Regulations, Title 2, Section 7285.0, et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Gov. Code Section 12990 (a-f), set forth in Ch. 5 of Div. 4 of Title 2 of the CA Code of Regulations are incorporated into this contract by reference and made part hereof as if set forth in full. Contractor and its subcontractors shall give written notice of their obiigations under this clause to labor organizations with which they have a collective bargaining or other agreement. The contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under this contract. Contractor, by signing this contract hereby certifies, unless specifically exempted, compliance with Gov. Code Section 12990 (a-f) and CA Code of Regulations, Title 2, Div. 4, Ch. 5 in matters relating to reporting requirements and the development, implementation and maintenance of a Nondiscrimination Program. Prospective contractor agrees not to unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition (cancer), age (over 40), marital status, and denial of family care leave. 4. Amendment (GC 11010.5\ Contract modification, when allowable, may be made by formal amendment only. 5. Assi9nment This Agreement is not assignable by the Contractor, either in whole or in part, without the consent of the State in the form of a formal written amendment. 6. Termination The fair reserves the right to terminate any contract, at any time, upon order of the Board of Directors by giving the contractor notice in writing at least 30 days prior to the date when such termination shall become effective. Such termination shall relieve the fair of any further payments, obligations, and/or performances required in the terms of the contract. 7. Governina Law This contract is governed by and shall be interpreted in accordance with the laws of the State of California. scrc. F031 (revised 10101) Page 1 Conflict of Interest (PCC 10410.10411.10420) Contractor needs to be aware of the following provisions regarding current or former state employees. If Contractor has any questions on the status of any person rendering services or involved with the Agreement, the awarding agency must be contacted immediately for clarification. Current State EmDlovees (PCC 10410): 1) No officer or employee shall engage in any employment, activity or enterprise from which the officer or employee receives compensation or has a financial interest and which is sponsored or funded by any state agency, unless the employment, activity or enterprise is required as a condition of regular state employment. 2) No officer or employee shall contract on his or her own behalf as an independent contractor with any state agency to provide goods or services. Former State EmDlovees (PCC 10411 ): 1) For the two-year period from the date he or she left state employment, no former state officer or employee may enter into a contract in which he or she engaged in any of the negotiations, transactions, planning, arrangements or any part of the decision-making process relevant to the contract while employed in any capacity by any state agency. 2) For the twelve-month period from the date he or she left state employment, no former state officer or employee may enter into a contract with any state agency if he or she was employed by that state agency in a policy- making position in the same general subject area as the proposed contract within the 12-month period prior to his or her leaving state service. If Contractor violates any provisions of above paragraphs, such action by Contractor shall render this Agreement void. (PCC 10420). 9. Contractor Name Chance An amendment is required to change the Contractor's name as listed on this Agreement. Upon receipt of legal documentation of the name change the State will process the amendment. Payment of invoices presented with a new name cannot be paid prior to approval of said amendment. 10. Air or Water Pollution Violation (We 13301) Under the State laws, the Contractor shall not be: (1) in violation of any order or resolution not subject to review promulgated by the State Air Resources Board or an air pollution control district; (2) subject to cease and desist order not subject to review issued pursuant to Section 13301 of the Water Code for violation of waste discharge requirements or discharge prohibitions; or (3) finally determined to be in violation of provisions of federal law relating to air or water pollution. seTe, F031 (revised 10/01) Page 2 , FORM F.31 REV1EWE~f \PPROVED -w RENTAL AGREEMENT DATE December 20,2001 N-2002-013 ~ ~ AGREEMENT NO. R-032-02 I I~"L' ) ~ FAIRTIME INTERIM x THIS AGREEMENT by and between the 32nd District Agricultural Association hereinafter ~--1 called the Association, and CITY OF SANTA ANA hereinafter, caIled the Rentor j)jJ WITNESSETH: 0' 0 ..... 1. THAT VlHEREAS, The Rentor desires to secure from the Association certain rights and privileges and to obtain p'1l!lim,firom the Association to use Association premises: January 1, 2002 and ending on December 31, 2002 => g ~ 2. NOW, THEREFORE, Association hereby grants to the Rentor the right to occupy the spacers) described below for the p!m\~ @einafter set forth, subject to the terms and conditions of this agreement: Parking Lot IIH" n::: :::- u.. 3. The purpose of occupancy shall be limited to, and shall be for no other purpose or purposes whatsoever: b ~. 0 :z::::s:::~ 'JkJ 0:: UJ <.:> 0-' z3:u <I: 4. Rentor agrees to pay to Association for the rights and privileges hereby granted, the amounts and in the manner set forth bel!S': V> z: Please see Exhibits "A" "B" and "C" which are Incorporated and made part of the Rental Agreemen1. Officer Training c-J <::> ~ ..:;""l I- <I: Cl S. Association shall have the right to audit and monitor any and all sales as well as access to the premises. 6. Rentor further agrees to indemnify and save bannless Association and the State of California. their officers, agents, servants and employees from any and all claims, causes of action and suits accruing or resulting from any damages, injury or loss to any person or persons, including all persons to whom the Rentor may be liable under any Workers' Compensation law and Rentor himself and from any loss, damage, cause of action, claims or suits for damages including but not limited to loss of property, goods, wares or merchandise. caused by, arising out of or in any way connected with the exercise by Rentor of the privileges herein granted. 7. Rentor further agrees that he will not sell. exchange or barter, or pennit his employees to sell, exchange or barter, any pennits issued to Rentor or his employees hereunder. 8. It is mutually understood and agreed that this contract or the privileges granted herein, or any part thereof, cannot be assigned or otherwise -iisposed of without the written consent of Association. 9. It is mutually understood and agreed that no alteration or variation of the terms of this contract shall be valid, unless made in writing and signed by the parties hereto, and that no oral understanding or agreements not incorporated herein and no alterations or variations of the terms hereof, unless made in writing and signed by the parties hereto, shall be binding upon any of the parties hereto. 10. The Rules and Regulations printed on the reserve side hereof are made a part of this agreement as tbough fully incorporated herein, and Rentor agrees that be has read this agreement and the said Rules and Regulations and understands that they shall apply, unless amended by mutual consent in writing of the parties hereto. 11. In the event Rentor fails to comply in any respect with the tenns of this agreement and the Rules and Regulations referred to herein, all payments for this rental space shall be deemed earned and non-refundable by Association and Association shall have the right to occupy the space in any manner deemed for the best interest of Association. 12. Special Provisions: The Facility Rentals handbook does hereby become a part of this Rental Agreement by reference and Is on file with the Association. By signing the Agreement, Renter acknowledges that they have read the Facility Rentals handbook and agrees to abide by said Rules and Regulations. 13. This agreement is not binding upon Association until it has been duly accepted and signed by its authorized representative, and approved (if required) by the Department of Food and Agriculture and Department ofGeneraI Services.' IN WITNESS WHEREOF, This agreement has been executed in quadruplicate, by and on behalf of the parties hereto. the day and year first above written. City of Santa Ana 20 Civic Center Plaza, M-23 Santa Ana, CA 92702 32nd District Agricultural Association 88 Fair Drive Costa Mesa, CA 92626 By By Title Title Becky Bailey-Findley, General Manager APPROVED AS TO CONTENT \ (;/ ..\ I~; \ ~ . . ,'<<LAi'- V 'i--;- Paul M. Walters Chief of Police ATTEST. @ PA TRIOlA Eo HEAlY CUI/,( OF THt COUNCIL APPROVED AS TO FORM . , u~ '~ 0 ,(. F{~t(Fl(ii"')'--- .. , .AON ? i July 11, 2001 Michelle Gere Orange COImty Fairgrounds 88 Fair Drive Costa Mesa, CA 92626 Re: Certificate of Insurance City of Santa Ana Dear Michelle: . We are pleased to enclose, on behalf of our Insured, the Certificate of Insurance you requested evidencing coverage in effect. You have also been included as an Additional Insured, as shown on the attached Endorsement. If you have any questions regarding either document, please feel free to call me. Sincerely, ~ !f'Y1J-- Craig J. Nelson Enclosure cc: Greg Spiker, BICEP Jeff Stevens, Risk Manager, City of Santa Ana . R058500.97 Aon Risk ServktJ, Inc, of N(JI't<<rn California InJllt'anct Services. License #0363334 199 Fcemonr Street, i4(h Floor. San Francisco, California 94105 . tel: (415) 486.7000 . fax: (415) 486~7029 hrrp:/lwww.aon.com .. . Issue Dale CERTIFICATE OF COVERAGE 07/1112001 PRODUCER THIS CERTIFICATE IS ISSUED />!J A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR AL reR THE Aon Risk Services, Inc. COVERAGE AFFORDED BY THE MEMORANDUM OR POLICY BELOW: of Northem Calnomla COMPANIES AFFORDING COVERAGE Insurance Services 199 Fremont SIree~ 14th Floor COWf'ANY LETTER BIG INDEPENDENT CITIES EXCESS POOl San Frandsoo, CA 94105 (A) Phone: (415) 486-7000 COMPANY LETTER (B) INSURED COMPANY LETTER (C) CIty of Santa Ana COIM'ANY LETTER (0) 20 CIvic Center Plaza M-2B, Box 198B COWf'ANY LETTER (E) Santa Ana, CA 92702.1988 COMPANY LETTER (F) COVERAGES THIS IS TO CERTiFY THAT THE MEMORANDUM OF COVERAGE OR POUCYQES) LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY OR MEMORANDUM 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 COVERAGES AFFORDED BY THE MEMORANDUM OR POLICYQES) DESCRIBED tEREIN ARE SUBJECT TO ALL THE TERMS, exa.USIONS, AND CONDITIONS OF SUCH MEMORANDUM ORPOUCY. TYPE MEMORANDUM MEMORANDUM MEMORANDUM CO OF OR OR POUCY ORPOUCY ALl LIMITS IN THOUSANDS LTR COVERAGES POLICY NUMBER EFFECTIVE EXPIRES EXCESS LIABILITY Difference _ OCCURRENCE FORM BI&PD $5,000, A BO-05 07/0112001 0710112002 COMelNED and Self-lnSUAld Retention of INCLUDING AUTOMOBILE $ 1,000, LIABLITY COVERAGE A Coverage A Difference be_n $ excESS and Self-Insured Retention of WORKERS' COMPENSATION $ AND Coverage B Difference belween COVERAGE B $ and Salf-Insured EMPLOYER'S LIABILITY Retentien of $ I I DESCRIPTION OF OPERATlONSlLOCATlONSNEHICLESlRESTRICTlONSlSPECIAL ITEMS. />!J RESPECTS: Mobile Field Fe<<:e balnlng at the Orange County Fairgrounds, the Stale of California, the Dlsbicl AgrIcultural_atiens, County ... CItrus Fairs, their agents, officers, servants, and employees, are included as AclclltIonallnsured, per attached andorsemenL OrIl'Ige County Fallgounds 88 Fair Drive Costa Meaa. CA i2626 CANCELLATION SHOULD Nt( OF THE ABOVE-DESCRl8ED COVERAGES BE CANCELLED BEFORE me EXPIRATION DATE THEREOF. THE ISSUING AUTHORITES WILL ENDEAVOR TO MAIL 30 MYS WRITTEN NOnCE TO ntECERTFICATE HOLDER. BUT FAB..URETO WJL SUCH NOtICE 8HAl.L IMPOSE NO OBUGAnON OR LIABILITY OF "NY KIND UPON THE<:OM'ANY. AUTHORJrY. rrs AGENTS OR REPRESENTATIVES. CERTlF1CA IE HOLDER - AUTHORIZED REPRESENTATIVE ~ 'r~ R0585OD.97 - . . . ENDORSEMENT PUBLIC ENTITY LIABILITY INSURANCE ADDITIONAl INSURED ENDORSEMENT It is understood and agreed that the "Entities or Persons Insured" provision is amended to include the person or organization named below, but only with respeclto Liability arising out of operetions performed for such Insured by or on behalf of the MEMBER for such Person or Organization so designated. ADDITIONAL INSURED: Orange County Fairgrounds 88 Fair Drive Costa Mesa, CA 92626 AS RESPECTS: Mobile Field Force training at the Orange County Fairgrounds, the Slate of Callfomia, the Districl Agricultural Associations, County or C~rus Fairs, their agents, officers, servants, and employees, are included as Additional Insured. It is further agreed that nothing herein shall act to increase the cerrler's Limit of liability. This endorsement is part of the Policy and takes effect on the effective date of the Policy unless another effective date is shown below. All other terms and conditions remain unchanged. Effective Date: July 1, 2001 Policy No.: 80-05 Issued To: City of Santa Ana Date of Issue: July 11, 2001 ~If~ Authorized Representative Aon Risk Services, Inc. of Northern California R058500.97