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HomeMy WebLinkAboutROSENOW SPEVACEK GROUP INC. 8 - 2011INSURANCE ON FILE N-2011-073 WORK MAY PROCEED UNTIL INSURANCE EXPIRES v -/- /c? CLERK OF COUNCIL CONSULTANT AGREEMENT DATE??? '7 ZdS? ? - C;?> Myra ??'a-THIS AGREEMENT, made and entered into this 1?` day of March 20l 1, by and between Rosennw Spervae?k Groap, Inc., a California Corporation (hereinafter "Consultant"), and the City of Santa Ana, a charter city and municipal corporation duly organized organized under the Constitution and laws of the State of California (hereinafter referred to as the "City"). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of development consulting services and project management. 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 perform those services 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 $25,000.00 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 upon expenditure of all funds, unless terminated earlier in accordance with Section 12, below. The term of this Agreement may be extended upon a writing executed by the Executive Director of the City and the City Attorney. 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 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. If Consultant is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim. e. 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. f. 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: (1) 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; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement- City may make all reasonable decisions with respect to its representation in any legal proceeding. 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. 9. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall he 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: and, Community Development Agency for the City of Santa Ana 20 Civic Center Plaza <M-25) P.O. Box 1988 Santa Ana, CA 92702-1988 telefacsimile (7 7 4) 647-6956 City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 teletacsimile (714) 647-6515 To Consultant: 4 Rosenow, S?evacek Group, Inc. 309 West 4` Street Santa Ana, California 92701-4502 Telephone (7l 4) 541-4585 telefacsimile (714) 541-1 175 A party may change its address by giving notice in writing to the other party. Thereafter, any notice, tender, demand, delivery, or other communication shall be addressed and transmitted to the new address. If sent by mail, any notice, tender, demand, delivery, or other 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 notice, tender, demand, delivery, or other 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, or County 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, 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_ 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 and all questions relating to its validity, interpretation, performance, and enforcement shall be governed and construed in accordance with the laws of the State of California. 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. 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- 6 17. 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 if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Maria D. Huizar Clerk of the Council CITY OF SANTA ANA -- /E.c?? ?. ??? ' PAUL M. WALTERS Interim City Manager APPROVED AS TO FORM: CONSULTANT Rosenow Spevacek Group, Inc. JOSEPH STRAKA Interim City Attorney BY??? _ ?. Lisa E. Storck Assistant City Attorney KATHLEEN ROSENOW Principal RECOMMENDED FOR APPROVAL: Nancy T. Edw ds Interim Execu ? e Director Community Development Agency 7 EXHIBIT A SCOPE OF SERVICES • l??iG '•?"?-.?...,+.+'?.. INTELLIGENT COMMUNITY UEV ELO PM ENT February 8, 2011 Mr. David Ream, City Manager CITY OF SANTA ANA Civic Center -City Hall Santa Ana, CA 92701 PROPOSAL FOR REDEVELOPMENT CONSULTANT SERVICES Dear Mr. Ream: Via EiecEronic Maf! It is our understanding that the City of Santa Ana Community Redevelopment Agency ("Agency") seeks assistance from a qualified redevelopment consultant to provide interim project coordination and management services. This need is the outcome of the pending retirement of the current Deputy City Manager for Development Services. This proposal outlines RSG's proposed scope of services to meet this need. RSG is able to provide general redevelopment and economic development consulting services on a time-and-materials basis. Consultant scope of services includes all aspects of redevelopment project implementation. Specific assignments would be subject to prior authorization by the City Manager. STAFFING AND SCHEDULE Kathleen Rosenow, Principal will be assigned to provide interim services outlined below. Ms. Rosenow has over thirty years of experience in guiding and managing redevelopment projects, and managing professional and support staff. As a principal of RSG since 1979, Ms. Rosenow has coordinated numerous redevelopment efforts for over 50 redevelopment agencies statewide. Her assignments have included project area formation, fiscal and financial oversight, development agreement negotiation, reporting requirements, community outreach, affordable housing, and project management- Ms- Rosenow will work from City Hall two to three days per week as may be needed on an interim basis. Specific hours will be determined based upon specific project need and in coordination with the City Manager. REDEVELOPI-LENT F`LAFIh11Nl I'eEaL Es1aT[ r_coN Ol?ucc: I-IO V.S'ING FINANCING REAL ESTATE A.COLIISITION ECOIJOMIC D[VELO PMENT GOVERNMENT £iERVICES ROSENOW SPE VACEK GROUP INC. T 774 547 4585 309 WEST 4TH S"1'REET F 774 547 1175 SANTA ANA, CALIFORNIA E INFOC?:;W EBR SG.COM 5270 7-4 50 WEOR SG.COM Mr. David Ream, City Manager CITY OF SANTA ANA February 8, 2011 Page 2 SCOPE OF SERVICES 1) CONTINUE PROJECT IMPLEMENTATION: The goal will be to assure ongoing implementation of the projects currently managed by the Deputy City Manager. Related activities may include: a. Get familiar with ongoing projects and assigned staff and know the issues b. Meet with project proponents c. Develop implementation strategies d. Coordinate with City administration and other departments e. Attend necessary meetings 2) DEPARTMENT/STAFF MANAGEMENT: The goal will be to assure that staff intertace both within the department and with other departments is productively maintained, and that personnel issues, and staff and project management issues are addressed. Activities may include: a. Get familiar with department staff and related activities b. Serve as a management resource to the Executive Management Team c. Oversee and direct management of department staff d. Advise and coordinate staff-level decision making and ongoing administration activities e. Cooordinate with other departments as necessary f. Attend necessary meetings 3) ADMINISTRATIVE OVERSIGHT: The goal will be to assure that department administrative activities are maintained. Activities may include: a. Timely preparation and filing of required reporting documents and administrative processing b. Oversee preparation of agenda materials for various meetings of the City Council, Redevelopment Agency, Redevelopment Commission, Planning Commission and other boards and commissions as may be required. c. Monitoring department budgets FEES Fees for services will be billed at the following rates. Other RSG staff will only be used in the event that services required could more efficiently and cost-effectively be provided by staff other than Ms. Rosenow. Mr. David Ream, City Manager CITY OF SANTA ANA February 8, 201 1 Page 3 RSG'S 2011 billing rates are as follows: Principal /Director $ 195 Senior Associate $ 160 Associate $ 140 Senior Analyst $ 1 10 Analyst $ 1Op Research Assistant $ 90 Technician $ 70 Clerical $ 60 Reimbursable Expenses Cost plus 10% RSG does not charge clients for mileage (except direct costs related to blight field surveys), parking, standard telephone/fax expenses, general postage or incidental copies. However, we do charge for messenger services, overnight shipping/express mail costs and teleconferencing services. We also charge for copies of reports, documents, notices, and support material in excess of five (5) copies. These costs are charged back at the actual expense plus a 10% surcharge. RSG issues monthly invoices payable upon receipt, unless otherwise agreed upon in advance. Invoices identify tasks completed to date, hours expended and the hourly rate. We appreciate the opportunity to submit this proposal for interim staff services, and we look forward to working with you. Sincerely, ROSENOW SPEVACEK GROUP, INC. Kathleen Rosenow Principal 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: 1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 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 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 AC.?RL?J ?? ?CERTIFIC._ ?TE OF LIABILITY INSUL ONCE DATE (MM/DD/YYYY)? 2i24i2011 THIS- CERTIFICATE-IS-I:;SUED-AS'-A' MATTEROF-INFORMATION- ONLY-AND-CONFERS-NO RIGHTS UPON-THE CERTIFICATE HOCDERc THIS ' CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER: IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER NAMEACT Erica Hornaday The Empire Company PHONE t (714) 836-9945 q/C No : (T14) 836-9946 550 Par)ccenter Drives E-MAIL eylornada @em l.ra-co.oom ADDRESS- Y P Sui to 205 PRODUCER p0017900 Santa Arta CA 92705-3521 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURERA:Hartford Casualt 2nsuranca 29424 INSURERB:Oa)c River 2nsurance Com an Rosenow Spavacelc Group, Inc. INSURERC:National L.7ni on Fi ra Ins. Co. 309 W. Fourth Stra@t INSURERD- INSURER E - Santa Ana CA 92701 INSURERF- - COVERAGES CERTIFICATE NUMHER-2011/2012 Master RFV)clnN NI IMRFR- THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY 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 INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE I POLICY NUMBER MM/DD/Y`/YYY MM DD/YYYY LIMITS GENERAL LIABILITY EACH OCCVRR ENCE $ 1 , 000 , 000 X COMMERCIAL GENERAL LIABILITY PREMISES Ea occur ante $ 300 , 000 A CLAIMS-MADE ? OCCUR 72SBAAH6040 3/1/2011 3/1/2012 MED EXP (Any one person) $ 10 , 000 PERSONAL 8 ADV INJURY $ 1 , 000 , 000 GENERAL AGGREGATE $ 2 , 000 , 000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS -COMP/OP AGG $ 2 , OOO , OOO X POLICY PRO LOC $ AUT OMOBILE LIABILITY COMBINED SINGLE LIMIT 000 000 $ 1 A Y O - (Ea accitlent) , , A N AUT LL O 72 SBAAH6040 /1/2011 3 /?/ 2012 BODILY INJURY (Per person) $ A WNED AUTOS S ? a a Ay?Vl BODILY INJURY (Per acclden0 $ CHEDV LED AUTOS ?? DAMAGE O X $ HIRED AUTOS V?? (Per a cltlen{ X NON-OWNED AUTOS ??? V $ RCK $ X UMBRELLA LIAR X OCCUR LISA pttorr EACH OCCURRENCE $ 2 , 000 , 000 EXCESS LIAB CLAIMS-MADE ` 55\rjt.an? qty AGGREGATE $ 2 r 000 , 000 A DEDUCTIBLE A X RETENTION $ 10 000 ?23HP.1\H6090 3/1/2011 3/1/2012 $ B WORKERS COMPENSATION X WC STATU- OTH- AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? ? N/A E.L. EACH ACCIDENT $ 1 000 OOO (Mantlatory In NH) 2210018664-111 3/1/2011 3/1/2012 E.L. DISEASE - EA EMPLOYE $ 1 000 000 IT yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $ 1 000 000 C Errors & Omissions 04-293-23-10 3/1/2011 3/1/2012 Each Clalm/Aggregate 2,000,000 Deductible 10 , 000 DESCRIPTION OF OPERATIONS /LOCATIONS /VEHICLES (Attach ACORD 101, Atlditlonel Remarks Schedule, H more space Is required) t.'1 ty Of .9anta 113Ya, 1t9 OffiC0r9, aCJBntEf, ampl oyeas, volunteers and repress antativaa aranamed as additional instarads. +*10 day no t3ca oP cancellation sYtall apply Por non-payment oP prem_iuan. vrt, c rwa-v?rt a..g IVLCLLH 1 IVIV SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ' Community Development Agency o£ ACCORDANCE WITH THE POLICY PROVISIONS. The City o£ Santa Ana Attn: Dane11 Mercado AUTHORIZED REPRESENTATIVE '? 20 Civic Center Plaza M-25 ?' Santa Ana, CA 92701 ?- Larry Jonas /ERSCA AcOKU z5 (2009/09) ©1958-2009 ACORD CORPORATION. All rights reserved. INS025 (zoosos) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: 72 ssA Ax6o4o `? 1 ?? THIS ENDORSEMENT CHANGES THE POLICY_ PLEASE READ IT CAREFULLY_ ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION 1440 GUERNEVILLE ROAD SANTA ROSA, CA 95403 THE REDEVELOPMENT AGENCY O F THE C I TY OF FRESNO, THE CITY OF FRESNO AND THEIR OFFICERS, OFFICIALS, EMPLOYEES , AGENTSAND VOLUNTEERS 2344 TULARE ST STE 200 FRESNO, CA 93721 CITY OF DUARTE AND ITS OFFICERS, OFFICIALS, EMPLOYEES, AGENTS AND VOLUNTEERS COMMUNITY DEVELOPMENT DEPARTMENT 1600 HUNTINGTON DRIVE DUARTE, CA 91010 CITY OF EL CAJON, ITS ELECTED AND APPOINTED OFFICIALS, OFFICERS, EMPLOYEES AND VOLUNTEERS ATTN: PURCHASING DIVISION 200 CIVIC CENTER WAY EL CAJON, CA 92020 ?? COMMUNI TY DEVELOPMENT AGENCY FOR THE C I TY OF SANTA ANA , I TS OFFICERS , EMPLOYEES , AGENTS , VOLUNTEERS AND REPRESENTATIVE S ATTN : ACCOUNTING OFFICE ,.?kx 20 CIVIC CENTER PLAZA (M-25) SANTA ANA, CA 92702-1988 RE. LOC 001/001 ?? ??7'?? Y C?//"ss-CpRCK \_\SA E• {?ttorrre?l ?s?istac?t City Form IH 12 00 11 85 T SEQ_ NO. 008 Printed in U.S.A. Page 003 (CONTINUED ON NEXT PAGE) ', Process Date: 03/1s/11 Expiration Date• 03/01/12 UW COPY BUSINESS LIABILITY COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered. Throughout this policy the words "you" and "your' refer to the Named Insured shown in the Declarations. The words "we", "us" and "our' refer to the stock insurance company member of The Hartford providing this insurance. The word "insured" means any person or organization qualifying as such under Section C. -Who Is An Insured. .? Other words and phrases that appear in quotation marks have special meaning- Refer to Section G_ -Liability And r Medical Expenses Definitions. m 0 ,.-i A. COVERAGES (a) The "bodily injury" or "property o? ?. BUSINESS LIABILITY COVERAGE (BODILY damage". is caused by ? an " INJURY, PROPERTY DAMAGE, PERSONAL occurrence" that takes place in the " ? ANO ADVERTISING INJURY) coverage territory"; m Insuring Agreement (b) The "bodily injury" or "property " N damage occurs during the policy N a. We will pay those sums that the insured period- and ? becomes legally obligated to pay as (c) Prior to the policy period, no insured o damages because of "bodily injury", " " " listed under Paragraph 1. of Section property damage or personal and C- - Who Is An Insured and no advertising injury" to which this insurance "employee" authorized by you to give applies. We will have the right and duty to o receive notice of an occurrence" { __ defend the insured against any "suit" _. ? ? Q?Gaim, Knew that the "bodily injury" seeking those damages. However, we will ? ?® or "property damage" had occurred, ? have no duty to defend the insured against any "suit" seeking damages for "bodily ? ? ? in le or in part. If such a listed ? " " _ ' ? insured or authorized employee injury", "property damage" or "personal??Q ? advertising injury" to which this insurifi'f`ce ORGY` ew, prior to the policy period, that r c? s'C , I bodiiy • Ptto ??e o rop does oat apply. G?;y ma9 occurred, then any ?'\SPc? We may, at our discretion, investigate ny Pss?s{a' continuation, change or resumption "cccurrence" or offense and settle any claim / t of such- "bodily injury" or "property or "suit" that may result- But: ? /?"l damage" during or after the policy (1) The amount we will pay for damages is period will be deemed to have been limited as described in Section D. - known prior to the policy period. ? ,:= Liability And Medical Expenses Limits (2) To "personal and advertising injury" _ Of Insurance; and caused by an offense arising out of your (2) Our right and duty to defend ends when business, but only if the offense was we have used up the applicable limit of committed in the "coverage territory" ? insurance in the payment of judgments, during the policy period. ? settlements or medical expenses to which c. "Bodily injury" or "property damage" will be this insurance applies. deemed to have been known to have No other obligation or liability to pay sums or occurred at the earliest time when any perform aeLs or services is covered unless insured listed under Paragraph 1. of Section ? explicitly provided for under Coverage C_ -Who Is An Insured or any "employee" ?_ Extension -Supplementary Payments. authorized by you to give or receive notice __ b. This insurance applies: of an "occurrence" or claim: (1) To "bodily injury" and "property (?) Reports all, or any part, of the "bodily " " " damage" only if: injury property damage or to us or any other insurer, ____._- Form SS 00 OS 04 OS Page ? of 2? ? 2005, The Hartford ? ' ?i.__- BUSI ?S LIABILITY COVERAGE FORM .o m 0 Q m x N CV 0 0 0 (b) Rented to, in the care, custody or control of, or over which physical control is being exercised for any purpose by you, any of your "employees", "volunteer workers", any partner or member (if you are a partnership or joint venture), or any member (if you area limited liability company). b. Real Estate Manager Any person (other than your "employee" or "volunteer worker'), or any organization while acting as your real estate manager. c. Temporary Custodians Of Your Property Any person or organization having proper temporary custody of your property if you die, but only: . (1) Willi a=spect to liability arising out of the maintenance or use of that property; and (2) Until your legal representative has been appointed. d. Legal Representative If You Die Your legal representative if you die, but only with respect to duties as such. That representative will have all. your rights and duties under this insurance. e. Unnamed Subsidiary Any subsidiary and subsidiary thereof, of yours which is a legally incorporated entity of which you own a financial interest of more than 50% of the voting stcck on the effective date of this Coverage Part_ The insurance afforded herein for any subsidiary not shown in the Declarations as a named insured does not apply to injury or damage with respect to which an ?rrisured under this insurance is also an insured under another policy or would tie an insured under such policy but for its termination or upon the exhaustion of its limits of insurance. 3. Newly Acquired Or Formed Organization Any organization you newly acquire or fore, other than a partnership, joint venture or limited liability company, and over which you maintain financial interest of more than 50% of the voting stock, will qualify as a Named Insured if there is no other similar insurance available to that organization_ However: a_ Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier, and Form SS On D8 nd OS b. Coverage under this provision does not apply to: (?) "Bodily injury" or "property damage" that occurred; or (2) "Personal and advertising _ injury" arising out of an offense committed before you acquired or formed the organization. 4. Operator Of Mobile Equipment With respect to "mobile equipment' registered in your name under any motor vehiGe registration law, any person is an insured while driving such equipment along a public highway with your permission. Any other person or organization responsible for the conduct of such person is also an insured, but only with respect to liability arising out of the operation of the equipment, and only if no other insurance of any kind is available to that person or organization for this liability. However, no person or organization is an insured with respect to: a. "Bodily injury" to a co-"employee" of the person driving the equipment; or b. "Property damage" to property owned by, rented to, in the charge of or occupied by you or the employer of any person who is an insured under this provision_ 5. Operator of Nonowned Watercraft Vvth respect to watercraft you do not own that is less than 51 feet long and is not being used to carry persons for a charge, any person is an insured while operating such watercraft with your permission. Any other person or organization responsible for the conduct of such person is also an insured, but only with respect to liability arising out of the operation of the watercraft, and only if no other insurance of any kind is available to that person or organization for this liability. However, no person or organization is an insured with respect to: a. "Bodily injury" to a co-"employee" of the person operating the watercraft; or b. "Property damage" to property owned by, rented to, in the charge of or occupied by you or the employer of any person who is ???_ ?) an insured under this provision. C?Additional Insureds When Required By Written Contract, Written Agreement Or Permit The person(s) or organization(s) identified in Paragraphs a. through f_ below are additional insureds when you have agreed, in a written ?.'i [fP_ 1't Of 2d BUSINESS IJABiL1TY COVET ;E FORM contract, written agreement or because of a (e) Any failure to n';ake such permit issued by a state or political inspections, adjustments, tests or subdivision, that such person or organization servicing as the vendor has be added as an additional insured on your agreed to make or normally policy, provided the injury or damage occurs undertakes to make in the usual subsequent to the execution of the contract or course of business, in connection agreement, or the issuance of the permit. with the distribution or sale of the A person or organization is an additional products; insured under this provision only for that (t7 Demonstration, installation, period of time required by the contract, servicing or repair operations, agreement or permit. except such operations performed However, no such person or organization is an at the vendors premises in additional insured under this provision if such connection with the sale of the person or organization is included as an product; additional insured by an endorsement issued (g) Products which, after distribution by us and made a part of this Coverage Part, or sale by you, have been labeled including all persons or organizations added or relabeled or used as a. as additional insureds under the specific container, part or ingredient of any . additional insured coverage grants in Section other thing or substance by or for F. -Optional Additional Insured Coverages. the vendor, or a. Vendors (h) "Bodily injury" or "property Any person(s) or organization(s) (referred to damage" arising out of the sole below as vendor), but only with respect to negligence of the vendor for its "bodily injury' or "property damage" arising own acts or omissions or those of out of 'your products" which are distributed its employees or anyone else or solo in the regular course of the vendors acting on its behalf. However, this business and only if this Coverage Part exclusion does not apply to: provides coverage for "bodily injury" or (i) The exceptions contained in "property damage" included within the Subparagraphs (d) or (f); or "products-completed operations hazard". (ii) Such inspections, adjustments, (7) The insurance afforded to the vendor tests or servicing as the vendor is subject to the following additional has agreed to make or normally exclusions: undertakes to make in the usual This insurance does not apply to: course of business, in connection with the distribution (a) "Bodily injury" or "property or sale of the products. damage" for which the vendor is (2) This insurance does not apply to any obligated to pay damages by insured person or organization from reason of the assumption of whom you have a._quired such products, liability in a contract or agreement. ? or any ingredient, part or container, This exclusion does not applyt, to entering into, accompanying or liability for damages that the containing such producLS. vendor would have in the absence of the contract or agreement; b. Lessors Of Equipment (b) Any express warranty (7) Any person or organization from unauthorized by you; whom you lease equipment; but only (c) Any physical or chemical change with respect to their liability for "bodily " " " in the product made intentionally injury , property damage or " " by the vendor, personal and advertising injury caused, in whole or in part, by your (d) Repackaging, except when maintenance, operation or use of unpacked solely for the purpose of equipment leased to you by such inspection, demonstration, testing, person or organization. or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container, Paoe 12 of 24 Form SS 00 OS 04 05 BUSC 3S LIABILITY COVEi2AGS FORM (2) With respect to the insurance afforded to these additional insureds, this insurance does not apply to any "occurrence" which takes place after you cease to lease that equipment. c. Lessors Of Land Or Premises (1) Any person or organization from whom you lease land or premises, but only with respect to liability arising out of the ownership, maintenance or use of that part of the land or premises r leased to you. r- (2) With respect to the insurance afforded o to these additional insureds, this insurance does not apply to: '-'' {a) Any "occurrence" which takes o .• place after you cease to lease that c land or 6e a tenant in that `O premises; or (b) Structural alterations, new e`"- construction or demolition 0 operations pertormed by or on ,°?, behalf of such person or ° organization. d. Architects, Engineers Or Surveyors s (1) Any architect, engineer, or surveyor, but only with respell to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: o (a) In connection with your premises; or (b) In the performance of your ongoing operations pertormed by you or on your behalf. ,(?) With respect to the insurance afforded ? to these additional insureds, the following additional exclusion applies: This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of or the failure to render any professional services by or for you, including: (a) The preparing, approving, or failure to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders, designs or drawings and specifications; or (b) Supervisory, inspection, architectural or engineering activities. e. Permits Issued By State Or Political Subdivisions (?) Any state or political subdivision, but only with respect to operations pertormed by you or on your behalf for which the state or political subdivision has issued a permit. (2) With respell to the insurance afforded to these additional insureds, this insurance does not apply to: (a) "Bodily injury", ''property damage" or "personal and advertising injury" arising out of operations performed for the state or municipality; or (b) "Bodily injury" or "property damage" included within the "products- completed operations hazard"_ f. Any Other Party (1) Any other person or organization who is not an insured under Paragraphs a. through e. above, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: (a) In the performance of your ongoing operations; (b) In connection with your premises owned by or rented to you; or (c) In connection with "your work" and included within the "products- completed operations hazard", but only if (i) The written contract or written agreement requires ycu to provide such coverage to such additional insured; and (ii) This Coverage Part provides coverage for "bodily injury" or "property damage" included within the "products- completed operations hazard". (2) Wth respect to the insurance afforded to these additional insureds, this insurance does not apply to: "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or Lhe failure to render, any professional architectural, engineering or surveying services, including: Form SS 00 OS 04 05 Page 13 or 24 BUSINESS LIABILITY COVE: ?E FORM (a) The preparing, approving, or failure -to prepare or approve, maps, shop ? drawings, opinions, reports, surveys, field orders, change orders, designs or drawings and specifications; or (b) Supervisory, inspection, architectural or engineering activities. The limits of insurance that apply to additional insureds are described in Secticn D. -Limits Of Insurance. How this insurance applies when other insurance is available to an additional insured is described in the Other Insurance Condition in Section E_ -Liability And Medical Expenses General Conditions. No person or organization is an insured with respect to the conduct of any current or pass partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations. D. LIABILITY AND MEDICAL EXPENSES LIMITS OF INSURANCE 1. The Most We Will Pay The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of: a. Insureds; b. Claims made or "suits" brought; or c_ Persons or organizations making claims or bringing "suits". 2. Aggregate Limits The most we will pay for: a. Damages because of "bodily injury" and ,.."property damage" included in the /-`"products-completed operations hazard" is ' the Products-Completed Operations Aggregate Limit shown in the Declarations- b. Damages because of all other "bodily injury', "property damage" or "personal and advertising injury", including medical expenses, is the General Aggregate Limit shown in the Declarations. This General Aggregate Limit applies separately to each of your "locations" owned by or rented to you. "Location" means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway or right-of-way of a railroad. This General Aggregate limit does not apply to "property damage" to premises while rented to you or temporarily occupied by you with permission of the owner, arising out of fire, lightning or explosion. . 3. Eacfi Occurrence Limit Subject to 2.a. or 2.b above, whichever applies, the most we will pay for the sum of all damages because of all "bodily injury", "property damage" and medical expenses arising out of any one "occurrence" is the Liability and Medical Expenses Limit shown in the Declarations. The most we will pay for all medical expenses because of "bodily injury" sustained by any one person is the Medical Expenses Limit shown in the Declarations. 4. Personal And Advertising Injury Limit Subject to 2.b. above, the most we will pay for the sum of all damages because of all "personal and advertising injury" sustained by any one person or organization is the Personal and Advertising Injury Limit shown in the Declarations. 5_ Damage To Premises Rented To You Limit The Damage To Premises Rented To You Limit is the most we will pay under Business Liability Coverage for damages because of "property damage" to any one premises, while rented to you, or in the case of damage by fire, Lightning or explosion, while rented to you or temporarily occupied by you with permission of the owner. In the case of damage by fire, lightning or explosion, the Damage to Premises Rented To You Limit applies to all damage proximately caused by the same event, whether such damage results from fire, lightning or explosion or any combination of these. 6. How Limits Apply To Additional Insureds The most we will pay on behalf of a person or organization who is an additional insured under this Coverage Part is the lesser of: a. The limits of insurance specified in a written contract, written agreement or permit issued by a state or political subdivision; or b. The Limits of Insurance shown in the Declarations . Such amount shall be a part of and not in addition to the Limits of Insurance shown in the Decfarations and described in this Section. Pe?.o 1d ?f 7d C...-.?.. CC nn ns nA flr. BUSII .S LIABILITY COVERAGE FORM !f more than one limit of insurance under this (1) Immediately send us copies of any policy and any endorsements attached thereto - demands, notices, summonses or applies to any claim or "suit", the most we will pay legal papers received in connection under this policy and the endorsements is the with the Gaim or "suit"; single highest limit of liability of all coverages (2) Authorize us to obtain records and applicable to such claim or "suit°_ However, this other information- paragraph does not apply to the Medical Expenses (3) Cooperate with us in the investigation, limit set forth in Paragraph 3. above. settlement of the claim or defense The Limits of Insurance of this Coverage Part apply against the "suit"- and separately to each consecutive annual period and to (4) Assist us, upon our request, in the any remaining period of less than 12 months, starting enforcement of any right against any with the beginning of the policy period shown in the m person or organization that may be , Declarations, unless the policy period is extended , liable to the insured because of injury m after issuance for an addrtional period of less than 12 ° or damage to which this insurance months. In that case, the additional period will be may also apply_ deemed part of the last preceding period for purposes o _ of deiemlining the Limits of Insurance_ d. Obligations At The lnsured's Own Cost LlA81L1TY AND MEDICAL EXPENSES ° E No insured will, except at that insured's own _ `? cost, voluntarily make a payment, assume GENERAL CONDITIONS ? any obligation, or incur any expense, other t. Bankruptcy than for first aid, without our consent. ? Bankruptcy or insolvency of the insured or of e. Additional Insured's Other Insurance o the insured's estate will not relieve us of our If we cover a claim or "suit" under this .°n obligations under this Coverage Part_ Coverage Part that may also be covered 0 * 2. Duties In The Event Of Occurrence, by other insurance available to an -_ Offense, Claim Or Suit additional insured, such additional insured a. Notice Of Occurrence Or Offense must submit such claim or "suit" to the other insurer for defense and indemnity. = You or any additional insured must see to = it that we are notified as soon as However, this provision does not apply to - practicable of an "occurrence" or an the extent that you have agreed in a = offense which may result in a claim. To written contract, written agreement or ° the extent possible, notice should include: permit that this insurance is primary and - non-convibutory with the additional (1) How, when and where the "occur-ence" insured's own insurance. - or offense took place; f. Knowledge Of An Occurrence, Offense, - (2) The names and addresses of any Claim Or Suit injured persons and witnesses; and Paragraphs a. and b. apply to you or to o (3) The nature and location of any injury any additional insured only when such or damage arising out of the "occurrence", offense, claim or "suit" is j "occurrence" or offense. known to: b. Notice Of Claim (?) You or any additional insured that is If a claim is made or "suit" is brought an individual; -_ against any insured, you or any additional (2) Any partner, if you or an additional insured must: ? insured is a paRnership; (?) Immediately record the specifics of the (3) Any manager, if you or an additional = claim or "suit" and the date received; insured is a limited liability company; _ and (4) Any "executive office' or insurance (2) Notify us as soon as practicable. - manager, if you or an additional You or any additional insured must see to insured is a corporation; it that we receive a written notice of the - (5) Any trustee, if you or an additional claim or "suit" as soon as racticable. p insured is a trust; or c. Assistance And Cooperation Of Tyre 6 An elected or a ( ) Y ppointed official, if you Insured or an additional insured is a political You and any other involved insured must: subdivision or public entity. r=nrrr, ss n0 OR nd n5 o?.,e , s .,? ?d BUSINESS LIABILITY COVE 3E FORM. This Paragraph f. applies separately to you and any additional insured. 3. Financial Responsibility Laws a_ When this policy is certified as proof of financial responsibility for the future under the provisions of any motor vehicle financial responsibility law, the insurance provided by the policy for "bodily injury" liability and "property damage" liability will comply with the provisions of the law to the extent of the coverage and limits of insurance required by that law. b. Vvth respect to "mobile equipment" to which this insurance applies, we will provide any liability, uninsured motorists, underinsured motorists, no-fault or other coverage required by any motor vehicle law. We will provide the- required limits for those coverages. 4. Legal Action Against Us No person or organization has a right under this Coverage Form: a. To join us as a party or otherwise bring us into a "suit" asking for damages from an insured; or b_ To sue us on this Coverage Form unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured; but we will not be liable far damages that are not payable under the terms of this insurance or that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us, the insured and the claimant or the claimant's legal representative. 5. Separation Of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this policy to the first Named Insured, this insurance applies: a. As if each Named Insured were the only Named Insured; and b_ Separately to each insured against whom a claim is made or "suit" is brought- 6. Representations a. When You Accept This Policy By accepting this policy, you agree: (i) The statements in the Declarations are accurate and complete; (2) Those statements are based upon representations you made to us; and (3) We have issued this policy in reliance upon your representations. b. Unintentional Failure _ To_ ? Disclose Hazards If unintentionally you should fail to disclose all hazards relating to the conduct of your business at the inception date of this Coverage Part, we shall not deny any coverage under this Coverage Part because of such failure. 7. Other Insurance If other valid and collectible insurance is available for a loss we cover under this Coverage Part, our obligations are limited as fo I lows: a. Primary Insurance This insurance is primary except when b. below applies. If other insurance is also primary, we will share with all that other insurance by the method described in c. below. b_ Excess Insurance This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis: (i) Your Work That is Fire, Extended Coverage, Builder's Risk, Installation Risk or similar coverage for "your work"; (2) Premises Rented To You That is fire, lightning or explosion insurance for premises rented to you or temporarily occupied by you with permission of the owner; (3) Tenant Liability That is insurance purchased by you to cover your liability as a tenant for "property damage" to premises rented to you or temporarily occupied by you with permission of the owner; (4) Aircraft, Auto Or Watercraft If the loss arises out of the maintenance or use of aircraft, "autos" or waterraa8 to the extent not subject to Exclusion g. of Section A. -Coverages. (5) Property Damage To Borrowed Equipment Or Use Of Elevators If the loss arises out of "property damage" to borrowed equipment or the use of elevators to the extent not subject to Exclusion k. of Section A. - Coverages. Pa`ao 16 ref 7Q - ? Fnr... CG AA AR Ad AS BUS" SS LIABILITY COVERAGE FORM (6) When You Are Added As An When this insurance is excess over other Additional Insured To Other insurance, we will pay only our share of Insurance the amount of the loss, if any, that That is other Insurance available to exceeds the sum of you covering liability for damages (1) The total amount that all such other arising out of the premises or insurance would pay for the loss In the operations, or products and completed absence of this insurance; and operations, for which you have been (2) The total of all deductible and self- added as an additional insured by that insured amounts under all that other insurance; or insurance. (7) When You Add Others As An will share the remaining loss, if any, with Additional Insured To This an any other insurance that is not described in cam'- Insurance this Excess Insurance provision and was not o That is other insurance available to an bought specifically to apply in excess of the additional insured- Limits of Insurance shown in the o However, the following provisions Declarations of this Coverage Part o apply to other insurance available to c. Method Of Sharing any person or organization who is an If all the other insurance permits additional insured under this Coverage contribution by equal shares, we will follow Part: this method also. Under this approach, cry- (a) Primary Insurance When - each insurer contributes equal amounts o Required By Contract until it has paid its applicable limit of This insurance is primary if you insurance or none of the loss remains, have agreed in a written contract, whichever comes first- = written agreement or permit that If any of the other insurance does not permit this insurance be primary. If other contribution by equal shares, we will insurance is also primary, we will contribute by limits- Under this method, each share with all that other insurance insurer's share is based on the ratio of its by the method described in c. applicable limit of insurance to the total below, applicable limits of insurance of all insurers. (b) Primary And Non-Contributory 8. Transfer Of Rights Of Recovery Against To Other Insurance When Others To Us Required By Contract a. Transfer Of Rights Of Recovery - If you have agreed in a written If the insured has rights to recover all or contract, written agreement or part of any payment, including permit that this insurance is Supplementary Payments, we have made primary and non-contributory with under this Coverage Part, those rights are the additional insured's own transferred to us. The insured must do = insurance, this insurance is nothing after loss to impair them. At our primary and we will not seek request, the insured will bring "suit" or contribution from that other transfer those rights to us and help us insurance- enforce them. This condition does not Paragraphs (a) and (b) do not apply to ? ply to Medical Expenses Coverage. other insurance to which the additional ? j b_ aiver Of Rights Of Recovery (Waiver insured has been added as an Subrogation) additional insured. ? When this insurance is excess we will If the insured has waived any rights of , have no duty under this Coverage Part to recovery against any person or defend the insured against any "suit" if any organization for all or part of any payment, other insurer has a duty to defend the including Supplementary Payments, we insured against that "suit"_ If no other have made under this Coverage Part, we insurer defends we will undertake to do also waive that right, provided the insured , so, but we will be entitled to the insured's waived thei r rights recovery against rights against all those other insurers. such person organization in a contract, agreement or permit that was executed or prior to the injury or damage. Form SS 00 08 04 05 Paoe 17 of 24 BUSINESS LIABILITY COVEF ;E FORM F. OPTIONAL ADDITIONAL INSURED 3. Additional Insured -Grantor Of Franchise COVERAGES ? WHO IS AN INSURED under Section C. is If listed or shown as applicable in the Declarations, amended to include as an additional insured one or more of the following Optional Additional the person(s) or organization(s) shown in the Insured Coverages also apply. When any of these Declarations as an Additional Insured - Optional Additional Insured Coverages apply, Grantor Gf Franchise, but only with respect to Paragraph 6_ (Additional Insureds When Required their liability as grantor of franchise to you. by. Written Contract, Written Agreement or Permit) 4. Additional Insured - Lessor Of Leased of Section C., Who Is An Insured, does not apply Equipment to the person or organization -shown in the a_ WHO IS AN INSURED under Section C. is Declarations. These coverages are subject to the amended to include as an additional terms and conditions applicable to Business insured the person(s) or organization(s) Liability Coverage in this policy, except as shown in the Declarations as an Additional provided below: Insured - Lessor of Leased Equipment, ?_ Additional Insured.- Designated Person Or but only with respect to liability for "bodily Organization injury", "property damage" or "personal WHO IS AIV INSURED under Section C. is and advertising injury" caused, in whole or amended to include as an additional insured in part, by your maintenance, operation or the person(s) or organization(s) shown in the use of equipment leased to you by such Declarations, but only with respect to liability person(s) or organization(s). for "bodily injury", "property damage" or b. With respect to the insurance afforded to "personal and advertising injury" caused, in these additional insureds, this insurance whole or in part, by your acts or omissions or does not apply to any "occurrence" which the acts or omissions of those acting on your takes place after you cease to lease that behalf: equipment. a_ In the performance of your ongoing 5_ Additional Insured - Owners Or Other operations; or Interests From Whom Land Has Been b. In connection with your premises owned Leased by or rented to you. a. WHO IS AN INSURED under Section C_ is 2. Additional Insured -Managers Or Lessors amended to include as an additional Of Premises insured the person(s) or organization(s) shown in the Declarations as an Additional a_ WHO IS AN INSURED under Section C. is Insured -Owners Or Other Interests From amended to include as an additional insured Whom Land Has Been Leased, but only the erson s or o p () rganization(s) shown in the with respect to liability arising out of the Declarations as an Additional Insured - ownershi p, maintenance or use of that part Des' Hated Person Or O anization; but onl ? ? y of the land leased to you and shown in the with r$sped to liability arising. out of the Declarations. --ownership, maintenance or use of that part of ? the premises leased to you and shown in :the '-? b. With respect to the insurance afforded to Declarations. these additional insureds, the following additional exclusions apply: b_ With respect to the insurance afforded to these additional insureds, the following This insurance does not apply to: additional exclusions apply: (1) Any "occurrence" that takes place This insurance does not apply to: after you cease to lease that land; or (1) Any "occurrence" .which takes place (2) Structural alterations, new after you cease to be a tenant in that construction or demolition operations premises; or performed by or on behalf of such person or organization. (2) Structural alterations, new Additional Insured - State Or Political 6 construction or demolition operations . Subdivision -Permits performed by or on behalf of such person or organization. a_ WHO IS AN INSURED under Section C_ is amended to include as an additional insured the state or political subdivision shown in the Declarations as an Additional Paoe 18 of 2d Farr-s SS 00 OS 04 OS ?d-a/A, ACOR6r CERTIFICATE OF LIABILITY INSURANCE lll%.? DATE(MMIDD/YYYY) 1/31/2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Er1Ca Hornada y The Empire Company _ rte/ I PHONE (714) 836-9945 F N ; (714)836-9946 A/C / lJ 550 Parkcenter Drive 'V E-MAIL ADDRESS: ehornaday@eaaPire-co.com Suite 205 INSURERS AFFORDING COVERAGE NAIC 0 Santa Ana CA 92705-3521 INSURERA:Sentinel Insurance Company, LTD 11000 INSURED INSURER B :Hartford Fire Insurance Company 19682 Rosenow Spevacek Group, Inc. INSURERCNational Union Fire Ins. Co. 309 W. Fourth Street INSURER D: INSURER E : Santa Ana CA 92701 INSURER F: COVERAGES CERTIFICATE NUMBER:2012/2013 Master REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY 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 INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF MM/DDIYYYY POLICY EXP MMIDD/YYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY _ DAMAGE TO RENTED PREMISES Ea occurrence) $ 300,000 A CLAIMS-MADE Fx ]OCCUR 72SBAAH6040 /1/2012 /1/2013 MED EXP (Any one person) $ 10 , 000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER, PRODUCTS - COMP/OP AGG $ 2,000,000 X POLICY 7.]FCT 7] PRO LOC $ AUT OMOBILE LIABILITY Oa accident) LIMIT E 1 000 000 , , A ANY AUTO BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS 72SBAAH6040 /1/2012 /1/2013 BODILY INJURY (Per accident) $ X HIRED AUTOS Ix NON -OWNED AUTOS PROPERTY DAMAGE Per accident $ X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 2,000,000 A EXCESS LIAB CLAIMS-MADE AGGREGATE $ 2,000,000 DED X RETENTION 10,00 72SBAA-H6040 /1/2012 /1/2013 $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY X WC STATU- OTH- Y I N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EX L DED? N/A E.L. EACH ACCIDENT $ 1 000 000 C U (Mandatory in NH) 72WECEQ9740 /1/2012 /1/2013 E.L. DISEASE - EA EMPLOYE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 C Errors & Omissions 01-589-00-38 /1/2012 /1/2013 Eeach Occurrence/Aggregate 2,000,000 Claims Made; Retro 3/1/95 Deductible 10,000 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) City of Santa Ana as Successor Agency to the former Community Redevelopment Agency, The City of Santa Ana, the Housing Authority of the City of Santa Ana, and their officers, employees, agents and vodQlteers ?? are named as Additional Insured with primary and non-contributory wording with respect to t3 10mee r liability per forms IH12001185T & SS00080405 attached as required by written contract. R e`1 CERTIFICATE HOLDER CANCELLATION Y'' t A lni't . -1 ' . NNW' (714)647-6549 SHOULD ANY OF THE ABOVE DES DPOLll' ANCELLED BEFORE THE EXPIRATION DATE THE OF, NO1E WILL BE DELIVERED IN City of Santa Ana as Successor Agency to ACCORDANCE WITH THE POLICY PROVISIONS. the former Communit Redevelo ment A enc y p g y 20 Civic Center Plaza M-25 AUTHORIZED REPRESENTATIVE Santa Ana, CA 92702 Larry Jones/ERICA v ACORD 25 (2010/05) INS025 oninn5i m ©1988-2010 ACORD CORPORATION. All rights reserved. Tho Ar ewn nnmo and Innn arc rcnic4crcrl marls of Arr1Rll POLICY NUMBER: 72 SBA AH6040 I L THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION 1440 GUERNEVILLE ROAD SANTA ROSA, CA 95403 THE REDEVELOPMENT AGENCY OF THE CITY OF FRESNO, THE CITY OF FRESNO AND THEIR OFFICERS, OFFICIALS, EMPLOYEES, AGENTSAND VOLUNTEERS 2344 TULARE ST STE 200 FRESNO, CA 93721 CITY OF DUARTE AND ITS OFFICERS, VOLUNTEERS COMMUNITY DEVELOPMENT DEPARTMENT 1600 HUNTINGTON DRIVE DUARTE, CA 91010 OFFICIALS, EMPLOYEES, AGENTS AND CITY OF EL CAJON, ITS ELECTED AND APPOINTED OFFICIALS, OFFICERS, EMPLOYEES AND VOLUNTEERS ATTN: PURCHASING DIVISION 200 CIVIC CENTER WAY EL CAJON, CA 92020 CITY OF SANTA ANA AS SUCCESSOR AGENCY TO THE FORMER COMMUNITY REDEVELOPMENT AGENCY 20 CIVIC CENTER PLAZA (M-25) SANTA ANA, CA 92702-1988 RE: LOC 001/001 5 ?,O A Ep O? SAORG?rey ?o \SP 6M pt ss?s'?ar Form IH 1200 11 85T SEQ. NO. 008 Printed in U.S.A. Page 003 (CONTINUED ON NEXT PAGE) Process Date: 06/20/12 Expiration Date: 03/01/13 BUSINESS LIABILITY COVERAGE FORM (6) When You Are Added As An Additional Insured To Other Insurance That is other insurance available to you covering liability for damages arising out of the premises or operations, or products and completed operations, for which you have been added as an additional insured by that insurance; or (7) When You Add Others As An Additional Insured To This Insurance That is other insurance available to an additional insured. However, the following provisions apply to other insurance available to any person or organization who is an additional insured under this Coverage Part: (a) Primary Insurance When Required By Contract This insurance is primary if you have agreed in a written contract, written agreement or permit that this insurance be primary. if other insurance is also primary, we will share with all that other insurance by the method described in c. below. (b) Primary And Non-Contributory To Other Insurance When Required By Contract If you have agreed in a written contract, written agreement or permit that this insurance is primary and non-contributory with the additional insured's own insurance, this insurance is primary and we will not seek contribution from that other insurance. Paragraphs (a) and (b) do not apply to other insurance to which the additional insured has been added as an additional insured. When this insurance is excess, we will have no duty under this Coverage Part to defend the insured against any "suit" if any other insurer has a duty to defend the insured against that "suit". If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (1) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (2) The total of all deductible and self- insured amounts under all that other insurance. We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. c. Method Of Sharing If all the other insurance permits contribution by equal shares, we will follow this method also. Under this approach, each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we wig contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. 8. Transfer Of Rights Of Recovery Against Others To Us a. Transfer Of Rights Of Recovery If the insured has rights to recover all or part of any payment, including Supplementary Payments, we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. This condition does not apply to Medical Expenses Coverage. b. Waiver Of Rights Of Recovery (Waiver Of Subrogation) If the insured has waived any rights of recovery against any person or organization for all or part of any payment, including Supplementary Payments, we have made under this Coverage Part, we also waive that right, provided the insured waived their rights of recovery against such person or organization in a contract, agreement or permit that was executed prior to the injury or damage. AFFRO ED AS TO FORM Form SS 00 08 04 05 Page 17 of 24 LISA E. STORCK Assistant City Attorney I `C?_