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HomeMy WebLinkAboutAMERICAN RED CROSS 5 - 2007INSURANCEONFM.E WORK MAY PROCEED UNTIL INSURANCE EXPIRES 7-/ -oY CLERKOFCOUNCIL /GATE: fI D - £S - 07 V IeY Son n'~1 Sr Ls j,r,,, S1~lKelea-I'~~ AGREEMENT FOR INSTRUCTION N-2007-111 TH[S AGREEMENT, made and entered into this 1st day of August, 2007 by and between American Red Cross Orange County Chapter (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 CPR and First Aid instruction. B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance ofthis 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 standazds as may reasonably be expected from a professional firm in the field. NOW THEREFORE, inconsideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: I. SCOPE OF SERVICES Consultant shall provide adult CPR/First Aid instruction for selected City employees. The instruction will take place at City facilities on a schedule mutually agreed between City and Consultant. Each participating City employee shall be provided with an instruction manual. The class size shall not be less than ] 0 nor more than 80 participants. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, a rate of $60.00 per City employee participant. Provided however, the total sum to be expended under this Agreement shall not exceed $10,000.00 during the term of this Agreement for all hours worked, travel and expenses. b. Consultant shall submit a detailed invoice after each class showing services preformed. 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 expenditure ofavailable fiands, unless terminated earlier in accordance with Section 12, below. In order to provide uninterrupted services, the parties agree that those services provided since May 1, 2007 shall be included within the Scope of Services of this Agreement. 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. 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 insureds) 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 azising 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 A upon execution of this Agreement and shall be approved in form by the City Attorney. b. 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. 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 in form by the City Attorney. (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. d. 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 1 of 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 asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. 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 ofnon-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. 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, California 92702-1988 telefacsimile (714) 647-6956 With courtesy copy to Personnel Services Agency City of Santa Ana 20 Civic Center Plaza (M-24) P.O. Box 1988 Santa Ana, California 92702-1988 telefacsimile (714) 647-6930 To Consultant: American Red Cross Orange County Chapter 601 N. Golden Circle Drive P.O. Box 11364 Santa Ana, California 92711-1364 Attn: Susan Holcombe A party may change its address by giving notice in writing to the other party. If sent by mail, any 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, any 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 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. 13. 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. 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 Califomia. Both parties further agree that Orange County, Califomia, 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. 15. PROFESSIONAL LICENSES Consultant shall, throughout the term ofthis 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 ofthis 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 ofthis 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 ofthis Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: R --l~.rJ _ ~/ PATRICIi~ ~. ..ALY Clerk of the C ncil CITY OF SANTA ANA: DAVID N. City Manager APPROVED AS TO FORM: ~, EPH W.FLETCHE City Attorney FOR APPROVAL: ENRI J. Execu a re r Personnel Services Agency AMERICAN RED CROSS ORANGE COUNTY CHAPTER (NA ) (Title) TaxID# 95-2147648 ,Q~.~, ~s EXHIBITA ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY POLICY Insurance Company Thi s endorsement modifies such i nsuraice as i s afforded by the provi si ons of Policy # relating to the fd I owi ng: 1. The City of Santa Ana, 20 Civic Center Plaza, SantaAna, California 92701; its officers, employees agents, vdunteersand repreeent~ivesarenamedasadditional insureds ("additional i nsureds") with regard to I iabi I ity and defense of suits ari s ng from the operations and uses performed by or on behalf of the named i nsured. 2. With respect to dai ms ari s ng out of the operati ons and uses performed by or on behai f of the named i nsured, such i nsurance as i s afforded by thi s pol i cY i s pri many and i s not additional to or contributi ng with any other insurance carried by or for the benefit of the additional insureds. 3. Thi s i nsurance appl i e; separated y to each i nsured agai nst whom d ai m i s made or ~itisbroughtexceptwithrespec,~ttothecompany'slimitsofliability. Theindusonofany person or organization as an i nsured shall not affect any right which such person or organization woul d have a5 a dai mart if not so i nd uded. 4. With respect to theadditionaiinsureds,thisinsurarxeshallnotbecancdled,or materially reduced in ooverageor limitsexcept after thirty (30) dayswritten notice has been given to the Ci ty of Santa Ana, 20 Civi c Center Plaza, Santa Ana, California 92701. (Completion of the fol lowi ng, i nd udi ng oountersi gnature, i s requi red to make this endorsement effective.) Effective Policy#_ Issued to thi s endorsement form as a part of Named Insured Countersigned by Authorized Representative MARSH CERTIFICATE OF INLSURANCE LERTIFIDATE"°MBER ATL-001024488-15 PRODUCER THIS CERTIFICATE IG ISSUED AS A MATTER OF INFORMATION ONLY AND CDNFERs Marsh USA Inc. (Nashville) NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE PO Box 198975 POLICY. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE Nashville TN 37219-8975 AFFORDED BV THE POLICIES DESCRIBED HEREIN. 615-340-2400 Fax615-340-244037219-8975 COMPANIES AFFORDING COVERAGE Attn: Redaoss.cenn:quest@marsh.com COMPANY 02212-ALL-CAS-07-OS GRAN CA CLIE NONE MAIL A OLD REPUBLIC INSURANCE CO INSURED COMPANY ORANGE COUNTY CHAPTER B AMERICAN RED CROSS 601 N GOLDEN CIRCLE DR N SANTA ANA CA 92705 2007-111 GD O ANY _ , COMPANY D COVERAGES This cenificate supersedes andlreplades;any previously Issuetl certificate for the policy padddnotedbelow. 10 THIS IS TO CERTIFY THAT POLICIES OF INSURANCE DESCRIBED HEREIN H AVE BEEN IBSUED TO THE INSURED NAMED HEREIN FOR THE POLICY PERIGD INDICAIEO. NOTWITHSTANDING ANV REOWREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THE CERTIFICATE MAV BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BV THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, CONDRIONS AND EXCLUSIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOW N MAV HAVE BEEN REDUCED BV PAID CLAIMS. CO TYPE OF INGURANCE ~ POLICY NUMBER POLICY EFFECTIVE POLICY E%PIRATIDN LIMITS LTR GATE (MMIDOIYY) DATE (MMIDDIYY) A GEN ERAL LIaeILln MWLZ50458 07/01/07 07/01/08 000 060 $ 5 GENERAL AGGREGATE , . X COMMERCIAL GENERAL LIABILITY ,PRODUCTS-COMPIOP AGG $ INCLUDED X 'CLAIMS MApE OCCUR PERSONAL B ADV INJURY $ S,000,OOO OWNER'S & CONTRACTOR'S PROT EACH OCCURRENCE $ 5,000,000 FIRE DAMAGE (An one fret $ SEE OTHER y ' MED EXP Pn ana erspn) $ 10,000 A AUT OMOBILE LIABILITY MWTB19871 07/01/07 07101!08 COMBINED SINGLE LIMIT $ 5,000,000 X ANV AUTO ALL OWNED AUTOS BODILY INJURY $ SCHEDULE^ AUT0.5 IPer perHOn) HIRED AUTOS ~ BODILY INJURY $ NON-OWNED AUTOS (PeremGenO X U10 Phy5CB Damage- Al Y~~l' ~/~ -~ (E ) d ' ~i f'\)sas~'Y PROPERN DAMA 1 + GE $ X eductible ComplColl $1,000 GAR AGE LIABWTY ^- AUTO ONLY-EA ACCIDENT $ ANV AUTO / _ ._1_ -~- OTHER THAN AUTOONLY: L, 1Ci : ~~ ~.. EACH ACGIpENT $ /i 5..c n[i: li ,a'': i~ILL`T' AGGREGATE $ E%CESS LIABILITY ~ EACH OCCURRENCE $ UMBRELLA FORM AGGREGATE $ OTHER THAN UMBRELLA FORM $ A I WDRKERB COMPENSATION AND MWC11519200 (INSURED) 07/01/07 07/01/08 XI WCS ATU- 0TH- I EMPLOYERS' LIABILITY TORY LIMITS ER q I' MWFEX 123 (FL)` 07/01/07 07/01/08 _ EL EACH ACCIDENT $ 1,000,000 A THE PROPRIETOR! I rt 'i INCL PARTNERBIEXECUTNE I-J MWXS 798 (AL,CA,G4,MA, MI, 07/01/07 07/01/08 EL DISEASE-POLICY LIMIT : $ 1,000,000 I OFFICERS ARE' EXCL. MG, GH, PA,TN, VA ~~ ) EL DISEASE-EACH EMPLOYEE $ 1,000,000 i DESCRIPTION OF OPERATIONSILOCATIONSIVEHICLESISPECIAL ITEMS RE: TO PROVIDE ADULT CPR, STANDARD FIRST AID AND OTHER SAFETY TRAINING TO BE HELD BETWEEN 711!07 TO 6/30/08. THE CITY OF SANTA ANA CA 97201, ITS OFFICERS, EMPLOYEES, AGENTS, AND VOLUNTEERS IS INCLUDED AS ADDITIONAL INSURED EXCEPT FOR WORKERS COMPENSATION. CERTIFICATE HOLDER CANCELLATION BXOULO ANY OF THE POLICIES DESCRIBED HEREIN BE CANCELLED BEFORE THE E%PIRATIDN DAiE TNEREC£, THE INSURER AFFOROINO COVEflAGE WILL ENDEAVOR TO MAIL ~Q OAYB W0.1TfEN NOTICE TO THE CITY OF SANTA ANA ATTN: JIM STIKELEATHER CERTIFICATE N0.0ER NAMED HEREIN, RUT FAILURE TO MAIL SUCH NOTICE 6NALL IMPOSE NO OBLIGATION O0. 20 CIVIC CENTER PLAZA, M-24 LIABILITY OF ANY KIND UPON ME INSURER AFFORDING GOVE0.AGE, ITS AGENTS GR REPRESENTATIVES, O0. THE SANTA ANA, CA 92701 IssDER of rws csanFenre. MARSH USA INC. eY: Donna D. Bagley +~~t+-•'M- ~ ~B"t`-1/° MM7(3f02) VALID AS OF: 08/21!07 1 ADDITIONAL INFORMATION- PRODUCER Marsh USA Inc. (Nashville) PO Box 198975 Nashville TN 37219-8975 615-340-2400 Fax615-340-244037219-8975 Attn: Redcross.certrequest@marsh.com DATE IMMIDDl1'1') ATL-001024488-15. 08/21/07 COMPANIES AFFORDING COVERAGE COMPANY E COMPANY F 502212-ALL-CAS-07-OB ORAN CA CLIE NONE MAIL INSURED COMPANY ORANGE COUNTY CHAPTER AMERICAN RED CROSS G 601 N GOLDEN CIRCLE DR SANTA ANA, CA 92705 COMPANY H ATTACHING TO AND FORMING PART OF THE AMERICAN NATIONAL RED CROSS CERTIFICATE OF INSURANCE AS RESPECTS WORKERS COMPENSATION: This is to certify that all Amedcan National Red Cross units in the following states are currently self insured through the American National Red Cmss Alabama, Califomia, Flodda, Georgia, Massachusetts, Michigan, Missoud, Ohio, Pennsylvania, Tennessee, and Virginia. Workers Compensation Policy #M W C 115192 00: Policy for all other states except the monopolistic states of North Dakota, Puerto Rico, Washington, West Virginia, Wyoming and U.S. Virgin Islands and the self-insured states of Alabama, Califomia, Flodda, Georgia, Massachusetts, Michigan, Missoud, Ohio. Pennsylvania, Tennessee, and Virginia. Includes Employers Liability for monopolistic states of North Dakota, Puerto Rico, Washington, W yoming, and U.S. Virgin Islands. Includes Employers Liability for the monopolistic state of West Virginia, but limited to excess of 100,000f100,000/100,000. 'Specific Excess Workers Compensation Policy #MW FEX 123: Amedcan National Red Cross is self-insured for W orkers Compensation in the state of Flodda. The Excess Liability limit is subject to a state approved Self-Insuretl Retention. "Specfc Excess Workers Compensation Policy # MWXS 798: Amedcan National Red Cross is self-insured for W orkers Compensation in the following states: Alabama, Califomia, Georgia, Massachusetts, Michigan, Missouri, Ohio, Pennsylvania, Tennessee and Virginia. The Excess Liability limits are subject to state approved Self-Insured Retentions. This certifcate is issued as a matter of information only and confers no dghts upon the certificate holder. CITY OF SANTA ANA ATTN: JIM STIKELEATHER 20 CIVIC CENTER PLAZA, M-24 SANTA ANA, CA 92701 MARSH USA INC. aY Donna D. Bagley ~+~+~--+~ -~- Paae POLICY NUMBER: MW7150458 COMMERCIAL GENERAL LIABILITY CG 20 11 01 96 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -MANAGERS OR LESSORS OF PREMISES This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE 1. Designation of Premises (Part Leased to You): 800 West Katella Avenue, Anaheim, CA 92802 2. Name of Person or Organization (Additional Insured): The City of Anaheim 3. Additional Premium: InGuded (If no entry appears above, the information required to complete this endorsement will be shown in the Declara- tions as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule but only with respect to liability arising out of the ownership, maintenance or use of that part of the premises leased to you and shown in the Schedule and subject to the following additional exclusions: This insurance does not apply to: 1. Any "occurrence" which takes place after you cease to be a tenant in that premises. 2. Structural alterations, new construction or demolition operations performed by or on behalf of the person or organization shown in the Schedule. CG 2011 01 96 Copyright, Insurance Services Office, Inc., 1994 Page 1 of 1 Endorsement #12 American National Red Cross Effective 9-14-07 °'°'' ENDORSEMENT Additional Premium: Return Premium: This endorsement, effective 9-14-07 forms a part of Policy No. MWZZ 50458 policy effective date 7-1-07 expiration date 7-1-OS issued to American National Red Cross by OLD REPUBLIC INSURANCE COMPANY, Greensburg, Pennsylvania h is hereby understood and agreed that the following forms are added to the Policy: CG 20 11 Ot 96 Additional Insured -Managers Or Lessors Of Premises on behalf of the City of Anaheim. Form KK Additional Insured Endorsement on behalf of the City of Santa Ana. All other terms and conditions remain unchanged. Endorsement #12 Nothing herein contained shall be held to vary, alter, waive or extend any of the terms, conditions, agreements or limitations of the Policy or any Endorsement attached thereto, except as herein set forth. This Endorsement shall not be valid until countersigned by a duly authorized representative of the Company. Attest: Secretary President Countersigned at Brookfield, Wisconsin this ....17th........... day of ....September ............. 2007......... .................... .. . . . ~^y/~z-~O Authorized Represerrtative. 9/17107 IL 10 (12106) OLD REPUBLIC INSURANCE COMPANY ADDITIONAL INSURED ENDORSEMENT 1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, Califomia 92701; 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 pertormed by or on behalf of the named insured. 2. With respect to Gaims arising out of the operations and uses pertormed 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 Gaim 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 'rf 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, Califomia 92701. FORM KK Endorsement #12 American National Red Cross MWZZ 50488 Effective 9-1407 MHKJI"f Marsh USA Inc. 7801 West End Avenue Suite 1500 Nashville TN 37203 875340 2529 Fax 675 340 2440 m ellssa.compton~rnarsh.com w,vw.marsh.com To Whom It May Concern: Re: Memorandum of Insurance The enclosed certificate is being sent to you to respond to your recent request. Please be aware that the Red Cross has an online Memorandum of Insurance (MOI). The Memorandum of Insurance will provide you with a more efficient way of obtaining information about the Red Cross insurance coverage. You are encouraged to use this as proof of Red Cross insurance instead of ordering a certificate of insurance for a specific occasion. The MOI can be accessed from the following websites: www. marsh.com/moi?client=2077 www.redcross.oro (the Red Crass public website, FAQ section) This online service is provided through American Red Cross' insurance broker, Marsh. You will be asked to read and agree to the terms and conditions of service from Marsh prior to printing or viewing American Red Cross' Memorandum of Insurance. Should you have any questions, the contact person listed on the Memorandum website is available to assist you or you may contact a representative in the Risk Management Division of the American Red Cross at telephone number (202) 303-7290. Marsh b Mclennan CanPanies