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HomeMy WebLinkAboutSANTA ANA BUSINESS COUNCIL INC. - OPERATING AGRMT 2013INSURANCE NZ ON FILE A- 2013-151 WORK MAY M PROCEED CLERK OF COUNCIL DATE: a 2 3 2013 OPERATING AGREEMENT This AGREEMENT made and entered into this 17a' day of September, 2013, by and between the City of Santa Ana, a charter city and municipal corporation duly organized and existing ' under the Constitution and laws of the State of California, hereinafter referred to as "City," and Santa Ana Business Council Inc., a California non-profit corporation, hereinafter referred to as "SABC." t RECITALS A. Whereas the City Council of the CITY previously established a community management district (hereinafter the "CMD ") designated as the "Downtown Community Management District" (hereinafter the "DISTRICT"); and B. Whereas assessments were supposed to be levied annually against the assessable parcels in the DISTRICT commencing with Fiscal Year 2009 -2010 and continuing through Fiscal Year 2013 -2014; and C. Whereas the CITY was to use the assessments to contract for the administration of a program of improvements and activities in connection with the DISTRICT for Fiscal Years 2009 -2010 through 2013 -2014; and D. Whereas due to various reasons the City Council on February 4, 2012 repealed the entirety of the CMD and did not levy the DISTRICT assessment to fund the CMD services for calendar year 2013; and E. Whereas with the repeal of the CMD, several downtown merchants and property owners have expressed an interest in reactivating the Downtown Santa Ana Business Improvement Area (BID) so that they could continue to receive funding to promote the safety, maintenance, and overall economic stability of the downtown area; and F. Whereas the City Council agreed that if there was sufficient support by those businesses that would be impacted by assessments, that it would reactivate the prior Downtown Business Improvement Area which was established on February b, 1984 pursuant to Ordinance NS -1715 (attached hereto and incorporated herein as Exhibit A) ; and G. Whereas the City Council farther agreed in a Settlement and Release Agreement with Downtown Inc. ( "DTI "), that, should the BID be reactivated, DTI would receive 50% of the BID revenues in any given calendar year and remaining 50% would be distributed to a new merchants' nonprofit group serving independently of DTI, subject to an operating agreement for each group; and H. Whereas the Santa Ana Business Council has emerged as the new merchants' nonprofit group that has expressed an interest in obtaining the other 50% of BID funds to be spent in furtherance of the overall economic stability of the downtown area consistent with the requirements of NS -1715; and 1. Whereas the City Council has "reactivated" the BID by its approval of an assessment report for calendar year 2013 outlining the proposed budget and activities to be conducted in the downtown area; and J. Whereas a public hearing was held, and there being no majority protest against the approval of the assessment report and levy of the assessment; and K. Whereas the City and SABC under this Operating Agreement propose to (1) confirm that SABC will receive 50% of the assessments collected each calendar year for which an assessment is levied, (2) to provide that SABC's use of the assessment funds will be consistent with the requirements of NS -1715, generally, and the approved calendar year's assessment report specifically, (3) to provide for auditing of SABC BID Funds, and (4) ensure that SABC meetings are compliant with the Ralph M. Brown Act [Government Code Sections 54950, et seq]. WHEREFORE, and in consideration of their mutual and respective covenants and promises hereinafter set forth, and subject to the terms and conditions of this Agreement, the parties hereto do hereby agree as follows: ARTICLE 1 PRELIMINARY MATTERS § 1.01 Definitions As used in this Agreement, the following terms shall have the following meanings: (a) "City" means the City of Santa Ana, California. (b) "City Council" means the City Council of the City. (c) "City Manager" means the City Manager of the City or his/her designated representative. (d) "SABC" means Santa Ana Business Council, Inc., a California nonprofit corporation. (e) "Board" means the Board of SABC. (f) "Term" means three (3) years commencing on September 17, 2013 and 2 terminating on September 16, 2016 unless terminated sooner due to any violations of the provisions of this Agreement or if a BID assessment is not approved in compliance with the Parking and Business Improvement Area Law of 1989 [Streets and Highways Code Sections 36500, et seq.]. The Term of this Agreement shall be automatically renewed in one (1) year Renewal Terms unless either party gives notice of termination at least two (2) months prior to the expiration of the Initial Term or any Renewal Term. § 1.02 Status of SABC (a) By its execution of this Agreement, SABC warrants that it is duly incorporated under the laws of the State of California and that true and correct copies of its Articles of Incorporation and Bylaws and a true and correct listing of SABC's officers and their terms of office, certified as such by SABC's Secretary, have been filed with the Clerk of the Council. (b) By its execution of this Agreement, City accepts and agrees to the organization of the SABC as set forth in the above said Articles of Incorporation and Bylaws. § 1.03 Compensation of SABC Board Members and Meetings (a) Meetings shall be held on a quarterly basis with more meetings called at the discretion of the SABC Board. When conducting meetings related to the Downtown Santa Ana Business Improvement Area, members of the Board shall serve without compensation other than reimbursement for expenses incurred by them in the course of the performance of services for SABC when authorized by the SABC Board. (b) SABC shall conduct its meetings in accordance with the Ralph M. Brown Act; the number of board members for purposes of the Brown Act shall consist of 12 board members, with % board members serving as a quorum. § 1.04 Changes in Officers, Articles and Bylaws SABC shall notify the Clerk of the Council of any change in the membership of the Board and any change in the officers of SABC. Any amendment of SABC's Articles or Bylaws shall be filed with the Clerk of the Council. §1,05 City Representation at Meetings of SABC The City Manager shall be entitled to attend al I meetings of SABC related to the BID and to participate in the discussions of the Board to the same extent as the members of the Board, and SABC shall assure that the City Manager is provided with reasonable advance notice of all meetings of SABC. Nothing herein shall be construed to provide the City Manager with any authority to make, second, or vote on motions, or to cause him to be counted for purposes of determining whether a quorum exists at meetings of SABC. §1.06 City Residents /Business Operators on the Board A majority of the Board shall be City residents or business operators. If the number of members who are City residents or business operators becomes less than a majority due to the death, resignation, or change of residence or business location, SABC shall not be in default under this section, provided, however, that the next member appointed to the Board shall be a City resident or business operator. ARTICLE 2 REPORTS AND RECORDS AND BID FUND TRANSFERS § 2.01 Annual Budget and Program Report °ri (a) No later than November First (1 ") of each year, SABC shall provide the City Manager with a copy of a detailed calendar year operating budget showing expected sources of revenue and the nature of all expected or proposed expenditures for the forthcoming calendar year and a report on the proposed programs to be undertaken by SABC in said calendar year. (b) The proposed budget shall be submitted to the City Council for approval subject to the procedures provided for in California Streets and Highway Code Section 36530 et seq. If the proposed budget is accepted by the City Manager, it shall be submitted to the City Council for approval, in whole or in part. If the proposed budget is rejected by the City Manager, the City Manager and SABC shall meet in good faith in an attempt to reach agreement on a budget. If they are unable to do so, the City Manager shall submit the SABC's proposed budget to the City Council for approval, in whole or in part. (c) SABC acknowledges that its proposed budget in any given calendar year will consist of 50% of all BID assessments collected from businesses subject to the Downtown Santa Ana Business Improvement Area as reflected in Ordinance NS -1715. (d) SABC further acknowledges that the use of all BID proceeds will be subject to the BID laws as currently exist and /or as may be modified in the future; and that expenditures of BID funds will be for the purposes identified in Ordinance NS -1715. (e) The City shall establish and maintain in its accounting system a trust fund account for the deposit of BID assessment monies collected together with a specific account activity code which shall reflect the deposit and expenditure reimbursement of BID assessment monies apportioned for use by SABC pursuant to subsection (c) above. (f) SABC shall have the option for the first year of this Agreement to request an advance 91 of up to twenty thousand dollars ($20,000.00) from the City upon presentment of written documentation indicating anticipated expenses in furtherance of the purposes identified in Ordinance NS -1715. Such written documentation shall be approved by the Executive Director of Community Development Agency or his or her designee. Any such advance shall be deducted from BID assessment monies collected and deposited. SABC agrees that such advance shall only apply to the first the $20,000.00 of available funds and before any subsequent reimbursements can be made, SABC shall sufficiently document such advance by accompanying receipts, purchase invoices, or other permanent evidences of expenditure as may be prudently required by the City in accordance with Generally Accepted Accounting Principles and established City accounting procedures. (g) The City shall make all reasonable good -faith efforts to deposit BID assessment monies collected each month by the 15`h day of the month following; provided that where the 15`h day falls on a weekend, holiday, or other day in which City Hall is closed, then said deposit shall be made the next day City Hall is open. (h) The City shall also deposit monthly an interest payment equivalent to the average amount of the daily balances for the period of the preceding month. (i) The City upon depositing BID assessment monies shall notify SABC by electronic mail of the net amount of monies available for reimbursement to SABC. Failure by SABC to receive or acknowledge electronic mail notification shall not constitute a breach of this Agreement. 0) The City upon receipt of a written request for reimbursement submitted by SABC for documented expenses, shall inspect and examine each request to ensure that all expenses submitted for reimbursement are for the purposes identified in Ordinance NS -1715 and that all expenses submitted are sufficiently documented by accompanying receipts, purchase invoices, or other permanent evidences of expenditure as may be prudently required by the City in accordance with Generally Accepted Accounting Principles and established City accounting procedures. Reimbursement requests shall be approved by the Executive Director of the Community Development Agency or his or her designee. (k) The amount of any approved reimbursement made by the City shall not exceed the net finds available for such reimbursement. In the event that a reimbursement request submitted by SABC exceeds the balance of available funds, the City shall prorate the reimbursement accordingly. (1) The City shall make all reasonable good -faith efforts to process reimbursement requests within 15 working days and to issue a reimbursement check for the approved amount or make equivalent electronic payment to SABC. (m) In the event questions arise relating to the balance of funds available to SABC, SABC may within 15 days of notification request an accounting by the City of the amount of net W1 funds available for reimbursement to SABC. (n) In the event questions arise relating to the amount of any specific reimbursement to SABC approved by the City, SABC may, within 15 days of such reimbursement payment, request that the City re- evaluate the amount of such reimbursement. Thereupon the City shall re- evaluate the amount of such reimbursement and give written notification of its decision to SABC which shall be final and conclusive. § 2.02 Annual Financial Statement and Audit Within sixty (60) days following notice by the City, SABC shall submit to the City Manager a complete statement of SABC's revenues and expenditures and a financial audit for the preceding calendar year prepared by an independent certified public accountant. § 2.03 Financial Records SABC shall keep, or cause to be kept, true, accurate and complete records, including double -entry books, a profit and loss statement, and a balance sheet, such that if possible at all times to determine the amount and nature of all revenues and expenditures. All expenditures and transactions shall be supported by documents of original entry such as sales slips, cash register tapes, and purchase invoice and receipts. All such account books, statements, balance sheets and supporting documents shall be retained by SABC for a period of three (3) years after the end of the accounting year to which they pertain. § 2.04 Accountine Procedures SABC shall maintain a system of accounting according to Generally Accepted Accounting Practices. § 2.05 Inspection and Audit City shall be entitled, during the term of this Agreement and for a period of one year following the termination, to: (a) inspect and examine all of SABC's books, statements, records, and supporting documents to ascertain the correctness of SABC's financial statements. Any such inspection and/or examination shall be conducted during normal business hours with prior 15 days written notice to SABC; and (b) inspect and examine each request for reimbursement received from SABC to ascertain that all expenses submitted for reimbursement are for the purposes identified in Ordinance NS- 1715 and that all expenses submitted are sufficiently documented by receipts, purchase invoices, or other permanent evidences of expenditure in accordance with Generally Accepted Accounting 6 Principles and established City accounting procedures. Any such inspection and /or examination shall be conducted during normal business hours with prior 15 days written notice to SABC. ARTICLE 3 INDEMNITY AND INSURANCE § 3.01 Indemnification SABC shall indemnify and save harmless City and its officers, agents and employees from and against any and all claims, demands, loss or liability of any kind or nature which City or its officers, agents, or employees may sustain or incur, or which may be imposed upon them, or any of them, as a result of, arising out of, or in any manner connected with SABC's management and/or administration of the BID funds. § 3.02 Insurance Requirement Generally Prior to the Commencement Date (except as hereinafter otherwise provided), SABC shall obtain at its sole cost and file with the Clerk of the Council, and maintain throughout the Term, policies of insurance as required by this section and sections 3.03 through 3.05, or a certificate of such insurance, satisfactory in form to the City Attorney. Each such policy (except policies of Workers' Compensation Insurance) shall name City as an insured or additional insured and each liability insurance policy shall also name the officers, agents and employees of City as insureds or additional insureds. Each such policy shall also contain a provision that no termination, cancellation or change of coverage or (where applicable) of insured or additional insured shall be effective until after thirty (30) days notice thereof has been given in writing to City. § 3.03 Liability Insurance SABC shall provide a policy or policies of insurance which provides coverage not less than that provided in the form of a comprehensive general liability insurance policy against liability for any and all claims and suits for damages or injuries to persons or property resulting from or arising out of the operations of SABC, its officers, employees, agents or assigns. Said policy or policies of insurance shall provide coverage for both bodily injury and property damage in not less than One Million Dollars ($1,000,000.00) combined single limit, or its equivalent. § 3.04 Fidelity Bonding SABC shall provide a policy or policies of insurance insuring SABC against loss due to dishonesty of SABC's officers, agents and employees. Said policy or policies shall provide coverage in not less than $1,000,000. VA § 3.05 Workers' Compensation Insurance SABC shall provide a policy or policies of workers' compensation insurance as required by law. § 3.06 Modification of Insurance Requirements The City Manager may modify or suspend the requirements imposed on SABC by this Article if in his reasonable determination; strict compliance is impossible or excessively costly due to insurance market conditions. ARTICLE 4 DEFAULTS, REMEDIES AND TERMINATION § 4.01 Defaults (a) Failure or delay by either party to perform any term or provision of this Agreement shall constitute a default under this Agreement. The injured party shall not initiate the remedies hereinafter provided until the defaulting party has been given written notice of the default, specifying the nature thereof, and a period of sixty (60) days to cure or correct such default. (b) Any failure or delay by either party in asserting any of its rights or remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies, or deprive such party of its right to institute and maintain any actions or proceedings which it may deem necessary to protect, assert or enforce any such rights or remedies. § 4.02 Remedies of City In the event of any default and failure to cure, correct or remedy the same by SABC, City may, at City's sole discretion, in addition to or in lieu of any other remedies, exercise either of the following remedies: (a) Delay of any or all transfers of BID funds to SABC collected pursuant to § 2.01 of this Agreement until such default is cured, corrected or remedied; provided such delay is approved by the City Council. (b) Terminate this Agreement, provided such termination is approved by the City Council. § 4.03 Legal Actions In addition to any other rights or remedies, either parry may institute legal action to cure, correct or remedy any default, to recover damages for any default, or to obtain any other remedy consistent with the purpose of this Agreement. Such legal action must be instituted in the Superior Court of the County of Orange, State of California, or in any other appropriate court in that county. § 4.04 Cumulative Rights and Remedies The rights and remedies of the parties are cumulative and the exercise by either party of one or more such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. § 4.05 Termination Upon the expiration of the Term or upon the earlier termination of this Agreement as provided in Section 1.01(f) or Section 4.02 the City shall have no further obligation to provide funding or other assistance to SABC pursuant to this Agreement for any period following such expiration or early termination. ARTICLE 5 GENERAL PROVISIONS § 5.01 Re resentatives (a) All actions authorized to be taken by City pursuant to this Agreement, without specification in this Agreement as to the body or office so authorized, shall be deemed exercisable on behalf of City by the City Manager, unless otherwise stated. The City Manager may designate any officer of the City as his or her representative with respect to any specified authority given to the City Manager by this Agreement, and in such event the actions of such officer within the scope of such authority shall have the same effect as if taken by the City Manager. (b) All actions authorized to be taken by SABC pursuant to this Agreement, without specification in this Agreement as to the body or office so authorized, shall be deemed exercisable on behalf of SABC by SABC's governing board or by such officer of SABC as may be designated by resolution of said governing board. § 5.02 Notices Notices and written communications sent by one party to the other shall be either personally delivered or sent by U.S. Mail, postage prepaid, to the following addresses: (a) If sent by SABC to City: Clerk of the Council City of Santa Ana 20 Civic Center Plaza P.O. Box 1988 Santa Ana, CA 92702 With Copies to: City Manager City of Santa Ana 20 Civic Center Plaza P.O. Box 1988 Santa Ana, CA 92702 City Attorney City of Santa Ana 20 Civic Center Plaza P.Q. Box 1988 Santa Ana, CA 92702 (b) If sent by City to SABC: Santa Ana Business Council Inc. 400 E. Fourth Street Santa Ana, CA 92701 Attention: Chairman of the Board § 5.03 Non - assignability The rights and obligations of SABC under this Agreement may not be assigned or delegated without the prior approval of the City Council. § 5.04 Partial Invalidity If any term, covenant, condition, or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions hereof shall remain in full force and effect, and shall in no way be affected, impaired or invalidated thereby. §5.05 Exclusivity Each party to this Agreement acknowledges that no representations, inducements, 10 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, and that no other agreement or amendment hereto shall be effective unless executed in writing and signed by both City and SABC. §5.06 Conflict of Interest Clause SABC covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance under this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written. ATTEST: Maria D. Huizar Clerk of the Council TO FORM: Sandoval FAssistant City Attorney Kevin O'Rourke Interim City Manager Santa A usi ss cil, Inc.: By: - �' Tit e: J i1 Policy Number: 605503396 Date Entered: 12/7/2013 '�lla R CERTIFICATE OF LIABILITY INSURANCE 127/20 3` 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 endofsement(s). PRODUCER Rodgick Insurance 196 Technology Drive, Suite B Irvine, CA 92618 NAME CONCT Poll - -- eHMa� .(949) 753 -9555 ac NOL(949)753 -9559 ADDRESS: INSUREWSI AFFORDING COVERAGE NAICN INSURER A: Fareers Insurance Exchange 21652 2/07/2013 _ INSURED Santa Arta Business Council, Inc. INSURER S: State Compareation Insurance Fund 35076 Carlos Madriles INSURER C: Travelers 31194 INSURER O: PERSONALBADV IWURY 400 E. 4th Street Santa Ana, CA 92701 INSURER E: NSURERF: COVERAGES CERTIFICATE NUMBER: 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. - -- WSR LM TYPE OF INSURANCE INAR WVD POLICY NUMBER PODGY up- IMMID MMIO LDaRS A GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMS MADE X OCCUR 605503396 2/07/2013 2/07/2014 EACH OCCURRENCE 51,000,000 GESHEa oc7E� PREMISES Ea oeartenra S 100,000 MED EX"(Airy Ora person) 510,000 PERSONALBADV IWURY S11000, OOO GENERAL AGGREGATE 52,000,000 GEHL AGGREGATE LIMIT APPLIES PER PRODUCTS_ COMP/OP AGG $1,000,000 POUCYI PRO- JECT LOC I S - A AUTOMOBILE LIABILITY ANY AUTO X 605503396 2/07/2013 2/07/2014 Eae N Dl IN L L IT A1,000,000 BODILY IWURY(Perpelsan) $ H ALL OWNED AUTOOSULEO BODILY IWURY(Paracoder0) S NON-OWNED HIRED AUTOS AUTOS S PRORERTYDAMAGE Per adodJ S UMBRELLA DAB OCCUR EACHOCCURRENCE S AGGREGATE S_ QCEss LINS cuists'MADE DELI F RETENTION S _I, $ B 1 WORNERSCOMPENSAnM 1 AND EMPLOYERSL YIN IABILITY 1 ANY PROPRIETORNARTNER/EXECLRIVE 1 OFRCEPoMEMBER QCLUDED? (Mandatory In NH) N/A 9081384 -13 2/10/2013 2/10/2014 WC STATU- OTH- TORY LIMITS ek E.L. FACH ACCIDENT , S 1,000,000 _ E.L. DISEASE - EA EMPLOYEE S 1, OOO , OOO Dyes. RsTI ON Omer DESCRIPTION OF OPERATIONS below E.L. DI B CV LIMB E 1, 000,000 C Fidelity Bond 106032811 2/07/2013 2/07/2014 5,0 500,000 C 060 106032811 z /o7 /zo13 z/o7/2014 SIR 1,000,000 C EPL 106032811 2/07/2013 2/07/2 , SZ 1,000,000 DESCRIPRON OF OPERATIONS I LOCATIONS I VEHICLES (ANach ACORD IN. A4 fitional Remoras Schedule, If more space Is ell Q� The City of Santa Ana, its officers, agents and employees are n om �os�s a t�6SMnal insureds for General Liability purposes. !O( e CERTIFICATE HOLDER CANCELLATION City of Santa Ana SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 20 Civic Center Plaza THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Santa Ana, CA 92702 Attn: Risk Management - Briza Morales AUTHORIZED REPRESENTATIVE ©1988 -2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD Produced using FoAns Boss Plus soflwm w FennsBoss.com: Impressive Publishing 8W- 208.1477 POLICY NUMBER: 605503396 BUSINESSOWNERS THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - STATE OR POLITICAL SUBDIVISIONS - PERMITS RELATING TO PREMISES This endorsement modifies insurance provided under the following: BUSINESSOWNERS POLICY SCHEDULE* State or Political Subdivision: City of Santa Ana, Its officers, agents & Employees The following is added to Paragraph C. WHO IS AN INSURED in the Businessowners Liability Coverage Form: 4. Any state or political subdivision shown in the Schedule is also an insured, subject to the follow- ing additional provision: This insurance applies only with respect to the following hazards for which the state or political subdivision has issued a permit in connection with premises you own, rent, or control and to which this insurance applies: a. The existence, maintenance, repair, construc- tion, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hois- taway openings, sidewalk vaults, street ban- ners, or decoration and similar exposures; b. The construction, erection, or removal of ele- vators; or c. The ownership, maintenance, or use of any elevators covered by this insurance. * Information required to complete this Schedule, if not shown on this endorsement, will be shown in the Decla- rations. BP 04 07 01 87 Copyright, Insurance Services Office, Inc., 1985 Page 1 of 1 ❑ A Policy Number: 605503396 Date Entered: 12/7/2014 DATE (MMFDDiYYYY) 12/7/2014 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 INSURERS), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE. HOLDER. IMPORTANT: if the certificate holder is an ADDITIONAL INSURED, the policy(les) 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 endor'sernont(s), PRODUCER CONTEACTMike Rodgack. Mike Rodgick Insurance r'bN(ANE - . (9491 753 9555 I FAx (949) 753 -9559 _ 196 'Technology Drive, Suite B -W-Pu E -MAIL Irvine, CA 92618 ....mm,I I CLAIMS -MADE ! ... � C,',aC'CUR {'1. 6LD55D33�6 2/07/2014 2/D7/2015 1NSURER(Sl A.FFORCaING C49XERACiE � NAIC a- .... ..... .._ .. . S100,000 144 .800 S r _...._.. -.w_ -- _. .., .. Exchange 21652 INSURER A: INSURED Santa Ana Business Council, Inc. _...... ... _._. ., n .n..,. st.arerc;�m�"� s'at rrn In 'v.nd,. 135476 ........... INSURER 8 Carlos Madriles Travelers 31194 INSURER C! ........... .. ........... ..... ......... 400 E, 4th Street INSURER D: Santa Ana, CA 92741 INSURER E: ; $1,0010,000 INSURER F! t�arti7l�irl'r�NrL. r�ara,aylmrwurr�n�rr�irina�r sry�nl�erLe °x�u*�rrtrrrrar�: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD ii 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. .I LTR...�._.,..... . ,TYPE�OFIPaSUPtANCE..._..,.__,_ AGYCILISUBRg ....... .. ....OLIDVNUMDER MMYIYAPY`il'l'V MMIr?�(7PYEi'Yb�_...Y.___... LIMITS A. COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE S 1 r 444 r O'O0 _. _ ....mm,I I CLAIMS -MADE ! ... � C,',aC'CUR {'1. 6LD55D33�6 2/07/2014 2/D7/2015 DAMAGE TORE NTED PREMISE, IEq,,p.,Enorrr„rrca„_ _.e S100,000 144 .800 S r _...._.. -.w_ -- _. MED I XP IAny one pwwnl S 10 , 000 PERSONAL F ADV INJURY $1,0010,000 GEN'L AGGREGATE UP&T APPLHI $ PER: GENERAL AGGREGATE __S ... -..... ....- ..._.. _.......... _ ...... -. 2 , 404 , 000 _-..._-... -.. ... ...., PGh II�`F �...,....I PRO- 0..._..I LGS ". i ..... P JEO1 A.. I r PROD�UOTwm COMP(CF AOG S 1,000,000 EYTPdER. V S AUTOMOBILE OMOBILE LIABILITY COMBINED MINGLE LIMIT S l QOO 000 A AN AUt0 605503396 2/07/2014 2/07/2015 BODILY INJURY (Per person) ...- _._....,.. S , .. ....... ALLOV+PNE:i3 SCHEDULED BODILY INJURY $Par "Ira kienl) S "t7 "IOS AUTOS hn1NED PPeOraceRidarrl)ANi _ HHIREDAUTOS ✓ . A UTOS . ,,,,, ... .. UMBRELLA LIAR _..._ OCCUR � EACH OCCURRENCE 8 EXCESS LIAR (LA.IMS, flo A I AGGREGATE S Y- �NFTENTION i ...._. DED S S WORKERS COMPENSATION � �........ X j �_ � ERLI AND EMPLOYERS' LIABILITY Y d N „STATUTE .. } .. _... . S,1,OOO,444 AI IYPRCP111CTOWPARTNEF VEXiECUCiVIr: ��N1AI 9'l�'E'�1384'— 41.4 '2/10/2014 2 /ltl /2p15 EL EACHACCIDiENT _ ".. . ...,..- ,_ t"�T3= IG�..Ia ER�1BFREXCLUDED? IMandalCCrory Irr Nit I I e E L. DISEASE - EA EMPLOYEE S1,000,000 I If yes, Joscnba Bander `.DESG4`�t9F^ VON OF OPERATIONS buIow f � � I' f . —.. .... ._. , E #�. OISE.ASE - POk.iOY LIiMIT - : $1,000,000 C 1 Fidelity Bond 1106032811 12/0712014 2/07 /2015 5, 000 SIR 500,000 C ID &O 106032811 12/07/2014 12/07/2015 1,000 SIR 1,404,000 C B'P'D 1O6t132811 12/07/2014 2/07/2015 j1, 000 Slid 1,000,000 DESCRWTION OF OPERATIONS I LOCATIONS P VEHICLES (ACORD 101, Addidonal RurnaOs Schedule, may be attached .4 more apace Is required) " c Ir The City of Santa Ana, its officers, agents and employees are named as additional insureds for eral Liability purposes. City of Santa Arta 20 civic Center Plaza Santa Ana, CA 92702 Attn: Risk Management - Briza Morales SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE µ U 19I18 -2014 A(«t7HL) L;fJ,'I+`F'"SBh:A49C N. x,19 rlgntS* reSUrVer:I. ACORD 25 (2014101I) The ACORD name and logo are registered marks of ACORD Produced using farms Baas Plus Software. wrvwvi _ Fonn.,Ro:;,s corn, Impressive rrutflishmIy 800 -208 -1977 POLICY NUMBER: 605503396 BUSINESSOWNERS THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - STATE OR POLITICAL SUBDIVISIONS - PERMITS RELATING TO PREMISES This endorsement modifies insurance provided under the following: BUSINESSOWNERS POLICY State or PoIlUcal Subdivision: City of Santa Ana, Its officers, agents & Employees The following is added to Paragraph C. WHO IS AN INSURED in the Businessowners Liability Coverage Form: 4. Any state or political subdivision shown in the Schedule is also an insured, subject to the follow- ing additional provision: This insurance applies only with respect to the following hazards for which the state or political subdivision has issued a permit in connection with premises you own, rent, or control and to which this insurance applies: a. The existence, maintenance, repair, construc- tion, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hois- taway openings, sidewalk vaults, street ban- ners, or decoration and similar exposures; b. The construction, erection, or removal of ele- vators; or c. The ownership, maintenance, or use of any elevators covered by this insurance. j Information required to complete this Schedule, if not shown on this endorsement, will be shown in the Decla- rations, BP 04 07 0187 Copyright, Insurance Services Office, Inc., 1985 Page 1 of 1 13