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Home My WebLink AboutDEKRA-LITE 4AAGREEMENT TERMINATION Please complete this form when the attached agreement is no longer in effect. ~~~ , ~ ~ ;~ Return form to the Deputy Clerk of the Council (M-30). Call 647-5238 if you have an P t~~i t: y questions. ---------------------------------- ----- The agreement with ---- No. ~ - a~~ - ~ D ~ r~ 1 was completed on (p ~j0 0 and final payment has been made. Department: Signature: Date: City of Santa Ana Clerk of the Council Revised 05-22-08 INSURANCE ON FILE WORK MAY PROCEED UNTIL INSURANCE EXPIRES `~-~ ~O~l CLERK Of COUNCIL DATE: ~_,~,(.~ p ~. C r~A ~~-) 6Ab.~ Lo~-I; FIRST AMENDMENT TO CONSULTANT AGREEMENT N-2008-107-01 THIS FIRST AMENDMENT TO CONSULTANT AGREEMENT is entered into on January 5, 2009, by and between DEKRA-CITE, a California corporation ("Consultant") and the City of Santa Ana, a charter city and municipal corporation of the State of California ("City"). RECITALS: A. The parties entered into Agreement # N2008-107, dated July 20, 2008, (hereinafter "said Agreement") by which Consultant has installed holiday lighting and banners on City property B. [n accordance with the terms and conditions of said Agreement, the parties wish to amend the Scope of Services and increase compensation to pay for the additional services. WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all the terms and conditions of said Agreement, except those amended in this First Amendment to Consultant Agreement, the parties agree as follows: 1. Section 1, SCOPE OF SERVICES, shall be deleted in its entirety and replaced with the following: "Consultant shall install, remove and store City owned decorations as set forth in Exhibit A to said Agreement. Consultant shall provide additional installation, renovation and removal services as requested, in writing, by the Assistant City Manager for Development Services. The City hereby approves fabrication and installation of"Welcome to Santa Ana" banners approved by the City's Community Development Agency. Such installation will be provided as set forth in Attachments A-1 and A-2, hereto." 2. Section 2, COMPENSATION, shall be amended to increase compensation by $15,000, for a total not to exceed amount of $25,000 during the term of said Agreement. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in full force and effect. IN W ITNESS W HEREOF, the parties hereto have executed this First Amendment to Consultant Agreement on the date and year first written above. CITY OF SANTA ANA ATTEST: ~/ 9~~ PATRIC[A E. HEAL Clerk of the Council DAVID N. RE City Manager APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney By: ~ LZ.a~~ ~~v - ~/ Laura Sheedy -~ Assistant City Attorney RECOMMENDED FOR APPROVAL c (~ C HIA J. NEL N Deputy City Manager for Development Services DEKRA-CITE ~.~- MIKE STERLING General Manager ~~,~pJJ._E-KRA-CITE ~'"~' P~araPi+rakh» to t1~~' 3102 W. ACTON AVE. SANTA ANA, CA 82704 PHONE: 744.438.0708 FAX: 7AA.438.087Y BILL TO: SANTA ANA DOWNTOWN DEVELOP. P.O. BOX 1988 M25 SANTA ANA CA 92702 GARY LOMELI PHONE (714) 647.5479 Ext. 0000 FAX (714) 657-6549 Ex[. 9000 PROPOSAL PRP020219 DATE 12/18/2008 PAGE: 1 SHIP TO: SANTA ANA TRAIN DEPOT 1000 E. SANTA ANA BLVD SANTA ANA CA 92701 INSTALL DATE FEB. 2009 REMOVAL DATE TBD PO Number Customer ID Salesperson ID Shipping Method Payment Terms Req Ship Date Master No. SAN028 SJ INSTALL SO/50 0/0/0000 22,663 Quantity Item Number Description UOM Unit Price Extended Price 12 BNCUSTOMDOUBLE 30"x60" Custom Double Banner Set $157.50 $1,890.00 4 color process digital banner printed on 13 oz Industrial grade Matte finish vilryl sewn back to back for a total weight of 26 oz. 3 year no- fade wartanty. I BNSETUP Custom Banner Set Up Charge Each $85.00 $85.00 12 BRWBDBBD30XXSTK Windbreaker Double Se[30"w/Band-It Set $164.00 $1,968.00 12 BNDBIRSBD Install, Remove and Store DBL Banner w/banding Each $131.00 $1,572.00 Please sign and fax to 714-436-0612 We prWOSe hereby tp fWnkh ypduU and/or IWIX• comWeteN In adordancewkh aboee ysacitkatbns, for the wm pf 50% DEPOSIT DUE UPON ACCEPTANCE OF PNPOSAL BALANCE AMOUNT DUE UPON INSTALLATION OR DELIVERY the parties ease ro the tpaoauw aawpaw ~ W r,mw„~a, 5 k due Won eaecutbn pf tree COntt~C tNtt1IM balance due d1 tpe agea~CancNlatlonaarq reductions are stbkct [a a 30%restockaq ..rnnn e4rtrk~l wltlets edla0Mtt0 CM proposed for a artlpta+t not Subtotal $5,515.00 Tax $305.59 Freight $0.00 Total $5.820.59 $3,063.09 $2,757.50 Aa rertuestetl char~9 to tpe abore4estra5ed work wP be v.Ajec[ charpa of 1.5%per march Nepal' amunA Wrrler g resowlsible rpt resppnsaae for amt poducts oarrla0ao or bst Cue to vanda9sm~ act tp Change due m inclement weadfen 0ekra•Lite we replace am _~.__.__ 1Ala.5JENgSWTE-Arw ludgerrlant WOrltha re oipaelry apneagsl.cey a. roman a<rar~'feesa~cost> Stacey E. JordannNen=sl.cere~em.a.c=us. O =DekraLae IrrASWee, Inc. p Ne: 2008.12.1915:42:58 -06' 00' M Ma:adapted wi[hkl daYS, MK prppt8di maY pa WithtlraWn. CNkfa-Lha: Acceptance pf Prpifosak T1181rIKvidual sIBNn7 tl$ CpntRpl' aCttWta file oboes WOpoaal and certlFies M Dakra'Uta Mat he d 6ita 6 au[trorbed to anti aIW CtNS Cprltf'apt on behalf pf Ovner. prppertY bwnK: AuN10r@ed PAent Gate: ~,f",`,~Djy~~E~KRAp-~LtTE G.Rfddtirg P~sragiaea~a'on to- pawx 3102 W. ALTON AVE. 9ANTA ANA, CA 92704 PHONE: 7t4.498.0708 FAX: 714.498.0812 BILL TO: SANTA ANA DOWNTOWN DEVELOP. P.O. BOX 1988 M25 SANTA ANA CA 92702 PROPOSAL PRP020218 DATE 12/16/2008 PAGE: 1 SHIP TO: CITY OF SANTA ANA CITY HALL 305 E. 4TH STREET SANTA ANA CA 92701 GABY LOMELI PHONE (714) 647-5479 Ext. 0000 INSTALL DATE FEB. 2009 FAX (714) 657-6549 Ext. 9000 REMOVAL DATE TBD PO Ntunber Customer ID Salesperson ID Shipping Method Payment Terms Req Ship Date Master No. SAN028 SJ INSTALL 50/50 0/0/0000 22,662 Quantity Item Number Description UOM Unit Price Extended Price II BNCUSTOM 15"x41"Custom Harmer Each $38.33 $421.63 4 color process digital banner printed on 13 oz Industrial grade Matte finish vinyl sewn beck [o back for a total weigh[ of 26 oz. 3 year no- fade warranty. I BNSETUP Custom Banner Set Up Charge Each $85.00 $85.00 11 BNCHANGEOUT Banner changeout on existing brackets Each $61.00 $671.00 Please sign and fax to 714-436-0612 Subtotal $1,177.63 Tax $91.28 Freight $0.00 We pr9iM5a hereby to fumkt, alt+duct and/or labor cpmpleteW h accoNaraaa with abo6e spaUfrcatbns. fa'the aum of Total ~ 1.268.91 50%DEPOSIT DUE UPON ACCEPTANCE OF PROPOSAL $680.09 BALANCE AMOl1NT DUE UPON INSTALLATION OR OEUVERY $588'81 rienwal Twins: The parries spree [o tM fGlowYq ada0onal corms of nis Contract A depose Of 5076 k tlae upon exenatpn M tlas Cplttrxt wlCh the ba18nOB tlae Gn the kdfal9[gn dwe or tl8eserY dale uMeasspedfl¢tl abpve. Aa rePRS[¢tl tnanGes Co the abGVe~tle6rratw wwk wt be SubleGt [o atld[iorW phar9es. Cancepltbns and reductions are sublact too 3096 restoddrq foe. Nm amamt not peMwhan due. b subkw w e rate cbsee of 1.3%per maw, E'1896 Gar annuml Miner B raspwrsibb for prvdw8 and rNhitaAYp atlaGaata eleptrical Wtbts adlatent t0 the proPOSed bCarlCll$ for et tleGGrodDrrs antl buMdbp 11~1La Oekrdiae 5 tpt responsane for arw protlucts dannpedar Ipst tlue N veridalwn, extreme xeadrwca,d[iws. Gr acts M fAtl aid wN make elfor[s to repkca Guth protluct loran aWdenal cria$e PN dates spwifim aro p,blect to large due to axkrnera weather. L,ekra~U[e wtp replaw am mBhaicdarwg Product but does not puamtee tluC each htllvMUal tamp wY ilph[dudn0 the errcxe inataled period. TNS Caltract 6 povernetl W CaaFGmfa bw and k theentlre cwvact between the pales, superseding aX prior wnsasabansaM wMkga htkwean thepatiea mtM euwlt of adeWte arkinp out of thla COmract.tM pa[iea rhal arUtrataN Orarge COUnt/befareadnOiG arbitrator saMed dfr ~ Jwra.s./ermLSauTe. Prw ludgernent upaithe award rendered by the wbWaWr may be enterednai4 wort hauaglaisdfctbn thereof. The pavawre patyma`~i,s ~"a"ra$~JO4"a atorneys'faw antl rmts. Stacey E. o ~~~ ~~nduaN°~?' ~=t15, ~Ordan oate:zpoe.,z.,e,,:aa:,Taear N no[ accepted walxn days, th5 proposal may be vd[IYd'awn. 0.*ro - AotePtante Of PrOposek The IMNldual sWryriB tins Contract ac[ept5 the eboye prpnosaf antl certMfes tp Dakra-Lae that F1e a she 5 authorSeO w enter arco thK Contract on behaa of Owner prWer[Y Owner: AuUgflzed Agent Oate 9Y ACORD„ CERTIFICATE OF LIABILI DATE (MMNO/YYYYI TY INSURANCE Da,o7rzooa THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION PROOIICER Stone Witter Insurance 3erv(ces, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE P O Box 8036 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY 7HE POLICIES BELOW. CA Ins Llc OF15720 Agency # 2610 Long Beach, CA 90808.8036 INSURERS AFFORDING COVERAGE NAIC # 662420.3422 INSURER A: SL PaUI / TreVBIBI'3 COmPanle3 41521 INSURED Dekre-Ella Industries, IDC. INSURERS: 3102 W. Alton Ave. INSURERC: Santa Ana, CA 92704.6817 INSURER O: INSURER E: COVERAGES THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO HER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAV BE ISSUED OR O T ANY REQUIREMENT, TERM OR CONDITION OF ANV CONTRACT OR DESCRIBEn HEREIN IS SUBJECT TO ALL THE TERMS, E%CLUSIONS AND CONDITIONS OF SUCH MAV PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES POLICIES. AGGREGATE LIMBS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. POLICY FECTNE POLJCY E%PIRATION DMRS INSR 0' pOLN;Y NUMBER EACH OCCURRENCE S 1,OOD,000 m GENERAL DABILRY 6600420L552 04/08/2008 04108/2009 PR MI e $ COMMERCWLGENERALLVVJILITY 5 DDD m MED EXP An one person S OCCUR CWMS MPDE PERSONALBAOV INAIRY S 1,000rDDO 2 OOO DDD GENERALAGGREGATE $ 000 DDD PRODUCTS-COMPIOP AGG $2, GE NLAGGREGATELIMIT APPLIES PER: PCDCY PRP LOC m AUT OMOBILELIA8IDTY COMBINED SINGLE LIMIT 81,000~ODO ' BA15D3L705 04108!2008 04108/2009 (E. aaaem) i ANY AUrD ALL OWNED AUT03 60DILY INJURY f 1,ODD,ODO (Pa person) SCHEDULED AUTOS MIRED AUTOS GODLY INJURY S 1,000,DOO (Per accitlenl) NOIW WNED AUTOS PROPERTY DAMAGE f 1000,000 (Per eoatlenq AUTO ONLY-EA ACCIDENT E GA RAGE LIABILRY THER TWIN EAACC S ANY AUTO O AUTD ONLY: AGG ~ I m E%CEeBNMBREUALMBILJTY EACH OCCURRENCE f 2 DDD DDD ~ CUP6374Y17A 04108/2008 04/08/2009 AGGREGATE $ CWMS MADE OCCUR $ S DEDUCTIBLE $ RETENTION f WC STATLL OTM- WORNERBCOMPENSATMJNAND EMpLOYERS'LV,&DTY E.I EACH ACCIDENT S ANY PROPRIETOPIPARTNENE%ECUTIVE CEP/MEMBER E%CLIAEDT OF fl E.L. DISEASE-EA EMPLOYEE f esc yye E.L. DISEASE-POLICY LIMB f SPECW. PRONSIONS babes OTHER DESCRIPTION OF DPEMTON91 LOGATNJN81 VEHICLES I E%CLUBIONB ADDED BY ENDDftBENENT/ SPECIAL PROW810N9 The Community Redevelopment Agency of Santa Ana Is named as additional insured if required by written contract. 30 days NOC except 10 days for non-payment Of premium. City of Santa Ana Downtown Development Division 305 E. Fourth Street,_#,201 .. - -- ~ - - - Santa Ana, CA 92701 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES SE CANCELLED BEFORE THE EYJ'IRATION DATE THEPEOF, THE B18UING INSURER WILL ENDEAVOR TO MAL 30 DAYS WRITTEN NOTICE TO TIE CERTIFICATE HOLDER NAMED TO THE LEFT, BVT FMW RE TO DO 80 SXALL IMP08E NO OBLNiATON OR LUUIILITY O HIND UPON ENSURER, RS AGENTS OR REPRESENTAiNE Protlucatl winBFoNes Bpwwsb.wRvnw: ymwFOnryDOeacom:0 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in Ileu of such endorsement(s). If SUBROGATION IS WAIVED, subJect to fhe terms and conditions of the poly, certain policies may require an endorsement. A statement on this certificate does not confer rights to the cert~cale holder in Ileu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side oT this form does not constNute a contract between the issuing Insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or altar lha coverege afforded by the policies listed thereon. ACORD 25 (2001!08) POLICY NUMBER:I-660-0420L552-TIL-08 COk ~RCIAL GENERAL LIABILITY ISSUE DATE:03-10-08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED (CONTRACTORS) This endorsement modifies insurance provided under the fo0owing: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE NAME OF PERSON(S) OR ORGANIZATION(S): CITY OF SANTA ANA 20 CIVIC CENTER PLAZA M-25 P 0 BOX 1988 SANTA ANA CA 92701 PROJECT/LOCATION OF COVERED OPERATIONS: INSTALL 71 WREATH POLE MOUNTS AND 10 OVERHEAD STREAMER 1. WHO IS AN INSURED - (Section 11) is amended b) The insurance provided to the additional in- f to include the person or organization shown in the sured does not apply to "bodily injury", "prop- Schedule above, but: erty damage" or "personal injury" arising out a) Oniy with respect to liability for "bodily injury", " of the rendering of, or failure to render, any professional architectural, engineering or sur- ; and ,.~ "property damage" or "personal injury veying services, including: •= b) If, and only to the extent that, the injury or i. The preparing, approving, or failing to -~ damage is caused by acts or omissions of prepare or approve, maps, shop draw- = you or your subcontractor in the performance ings, opinions, reports, surveys, field or- a= of "your work" on or for the project, or at the ders or change orders, or the preparing, location, shown in the Schedule. The person approv(ng, or failing to prepare or ap- °= or organization does not qualify as an addi- p-ove, drawings and saecificaiiorrs; and tionai insured with respect to the independent e- i inspection, architectural or Supervisory ii z •- acts or omissions of such person or organ , . _= lion. engineering activities. 2. The insurance provided to the additional insured c) The insurance provided to the additional in- " by this endorsement is limited as follows: or sured does not apply to "bodily injury " " -= a) In the event that the Limits of Insurance of your work "property damage" caused by and included in the "products-completed op- ~_ - this Coverage Part shown in the Declarations erations hazard" unless a "written contract exceed the limits of liability required by a requiring insurance" specifically requires you o= "written contract requiring insurance" for that to provide such coverage for that additional _~ additional insured, the insurance provided tc insured, and then the insurance provided to the additional insured shat! be limited to the the additional insured applies only tr. such limits of liability required by 'gat "written con- "bodily injury" or "property damage" that oc- tract requiring insurance". This endorsement curs before the end of the period of time for shall not increase the limits of insurance de- which the "written contract requiring insur- rance. - ~ su scribed in Section III -Limits Of In - - once" requires you to provide such coverage ~ j / ' CG D2 47 08 05 ®2005 The'St:~Paul Travelers Companies, Inc. Page 1 of 2 oo,nv COMMERCIAL GENERAL LIABILI"~ . or the end of the policy period, whichever is eadier. 3. The insurance provided to the additional insured by this endorsement is excess over any valid and collectible "other insurance", whether primary, excess, contingent or on any other basis, that is available to the additional insured for a loss we cover under this endorsement. However, if a "written contract requiring insurance' for that ad- ditional insured spec~caliy requires that this in- surance appry on a primary basis or a primary and non-contributory basis, this Insurance is pri- mary to "other insurance" available to the addi- tional insured which covers tftat person or organi- zation as a named insured for such loss, and we will not share with that "other insurance". But the insurance provided to the additional insured by this endorsement still is excess over any valid and colieilibie "other insurance", whether pri- mary, excess, contingent or on any other basis, that is available to the addftional insured when that person or organization is an additional in- sured under such "other insurance". '4: As a condition' bf coverage provided to the additional insured by this endorsement: a) The additional insured must give us written notice as soon as practicable of an "occur- rence" or an offense which may result in a claim. To the extent possible, such notice should include: i. How, when and where the "occurrence" or offense took place; ii. The names and addresses of any injured persons and witnesses; and iii. The nature and location of any injury or damage arising out of the "occurrence" or offense. b) If a Gaim Is made or "suit" is brought against the additional insured, the additional insured must: i. Immediately record the specifics of the claim or "suit" and the date received; and ii. Notify us as soon as practicable. The additional insured must see to it that we receive written notice of the claim or "suit" as soon as practicable. c) The additional insured must immediately send us copies of all legal papers received in connection with the claim or "suit", cooperate with us in the investigation or settlement of the claim or.defense against the "suit", and otherwise comply with all policy conditions, d) The additiona! insured must tender the de- tense and indemnky of any claim ar "suit" to any provider of "other insurance" which would cover the additional insured for a loss we cover under this endorsement. However, this condition does not affect whether the insur- ance provided to the additional insured by this endorsement is primary to "other insur- ance" available to the additional insured which covers that person or organization as a named insured as described in paragraph 3. above. 5. The following definition is added to SECTION V. -DEFINITIONS:- "Wdtten contract requiring insurance" means that part of any written contract or agreement under which you are required to incude a person or organization as an additional in- sured on this Coverage Part, provided that the "bodily injury" and "property damage" oc- curs and the "personal injury" is caused by an offense committed: a. After the signing and execution of the contrail or agreement by you; b. While that part of the contract or agreement is in effect; and c. Before the end of the policy period. ~~~ Page 2 of 2 ®2005 The St. Paul Travelers Companies, Inc. CG D2 47 OS 05 COM. .RCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (CONTRACTORS OPERATIONS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. WHO IS AN INSURED - (Section II) is amended to include any person or organization that you agree in a "written contract requiring insurance" to Include ss an additional insured on this Cover- age Part, but: a) Only with respect to liability for "bodily injury", "property damage" or "personal injury"; and b) If, and only to the extent that, the injury or damage is caused by acts or omissions of you or your subcontractor in the performance of "your work" to which the "written contract requiring insurance" applies. The person or organization does not qualify as an additional insured with respect to the independent acts or omissions of such person or organization. 2. -The insurance provided to the additional insured by this endorsement is limited as fotlows: a) b) In the event that the Limits of Insurance of this Coverage Part shown in the Declarations exceed the limits of liability required by the "written contract requiring insurance", the in- surance provided to the additional insured shall be limited to the limits of liability ro- quired by that "written contract requiring in- surance". This endorsement shall not in- crease the limits of insurance described in Section III -Limits Of Insurance. The insurance provided to the additional in- sured does not apply to "bodily injury", "prop- erty damage" or "personal injury" arising out of the rendering of, or failure to render, any professional architectural, engineering or sur- veying services, inGuding: i. The preparing, approving, or failing to prepare or approve, maps, shop draw- ings, opinions, reports, surveys, field or- ders or change orders, or the preparing, approving, or failing to prepare or ap• prove, drawings and specifications; and ii. Supervisory, inspection, architectural or engineering activities. c) The insurance provided to the additional in- sured does not apply to "bodily injury" or " „ "property damage caused by your work" and included in the "products-completed op• eretions hazard". 3. The insurence provided to the additional insured by this endorsement is excess over any valid and collectible "other insurance", whether primary, excess, contingent or on any other basis, that is available to the additional insured for a loss we cover under this endorsement. However, if the "written contract requiring insurance" specifically requires #hat this insurance apply on a primary basis or a primary and non-contributory basis, this insurance is primary to "other insurance" available to the additional insured which covers that person or organization as a named insured for such loss, and we will not share with that "other insurance". But the insurance provided to the additional insured by this endorsement still is excess over any valid and collectible "other in- surance", whether primary, excess, contingerrt or on any other basis, that is available to the addi- tional insured when that person or organization is an additional insured under such "other insur- ance". 4. As a condition of coverage provided to the additional insured by this endorsement: a) The additiona{ Insured must give us written notice as soon as practicable of an "occur- rence" or an offense which may result in a claim. To the extent possible, such notice should incude: i. How, when and where the "occurrence" or offense took place; ii. The names and addresses of any injured persons and witnesses; and iii. The nature and location of any injury or damage arising out of the "occurrence" or offense: CG D2 48 OS 05 ®2005 The St. Paul Travelers Companies, Inc. Page 1 of 2 001480 COMMERCIAL GENERAL LIABILI'. b) If a claim is made or "suit" Is brought against the additional insured, the additional insured must: i. Immediately record the specifics of the claim or "suit" and the date received; and ii. Notify us as soon as practicable. The additional insured must see to it that we receive written notice of the claim or "suit" as soon as practicable. c) The additional insured must immediately send us copies of all legal papers received in connection with the claim or "suit", cooperate with us in the investigation or settlement of the claim or defense against the "suit", and otherwise comply wish all policy conditions. d) The additional insured must tender the de- fense and indemnity of any claim or "suit" to any provider of "other insurance" which would cover the additional insured for a loss we cover under this endorsement. However, this condition does not affect whether the insur- once provided to the additional insured by this endorsement is primary to "other insur- ance" available to the additional insured which covers that person or organization as a named insured as described in paragraph 3. above. 5. The following definition is added to SECTION V. -DEFINITIONS: "Written contract requiring insurance" means that part of any written contract or agreement under which you are required to inGude a person or organization as an additional in- sured on this Coverage Part, provided that the "bodily injury" and "property damage" oo- curs and the "personal injury" is caused by an offense committed: a. After the signing and execution of the contract or agreement by you; b. While that part of the contract or agreement is in effect; and c. Before the end of the policy period. Y~ __ Page 2 of 2 ®2005 The St. Paul Travelers Companies, Inc. CG D2 48 08 OS