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HomeMy WebLinkAboutC.H.P. ENTERPRISES DBA KEN PORTER AUCTIONS-2014INSURANCE ON FILE wORK MAY PROCEED N -2014 -131 UNTIL INSURANCE EXPIRES CLERK OF COUNCIL 9 �dJ4 STANDARD AGREEMENT FOR CONTRACT AUCTION SERVICES DATE: SEP 6 o'FMsC t CM'4 4&a�roThftgreement, entered into this day 20 day of August 2014, by and between City of Santa Ana (hereinafter referred to as "Agency ") and C.H.P. ENTERPRISES DBA KEN PORTER AUCTIONS, located at 21140 S. Avalon Blvd. Carson, CA 90745 (hereinafter referred to as "Contractor "). RECITALS WHEREAS, Agency desires to obtain the services of a private contractor to perform auctions to dispose of surplus vehicles, construction equipment and other miscellaneous equipment; and WHEREAS, Contractor is a professional auctioneer and has represented that Contractor possesses the necessary qualifications to provide such services; NOW, THEREFORE, IT IS MUTUALLY AGREED THAT AGENCY DOES HEREBY RETAIN CONTRACTOR ON THE FOLLOWING TERMS AND CONDITIONS: 1. Scope of Services. Contractor shall provide services as described in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 2. Compensation and Reimbursement. Agency shall compensate and reimburse Contractor as provided in Exhibit B attached hereto and made a part thereof. 3. Term of Agreement. The term of this Agreement shall be as described on Exhibit "A" entitled "Special Provisions" attached hereto and made a part thereof. 4. Termination. This Agreement may be terminated with or without cause by Agency. Termination without cause shall be effective only upon 60-day written notice to Contractor. During said 60 -day period Contractor shall perform all contracting services in accordance with this Agreement. This Agreement may be terminated by Agency for cause in the event of a material breach of this Agreement, misrepresentation by Contractor in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by Agency. Termination for cause shall be effected by delivery of written notice of termination to Contractor. Such termination shall be effective upon delivery of said notice. Contractor shall cooperate with Agency and all of the Agency's other service providers to ensure a smooth transition at the time of Termination, with no interruption of services or other work required under the Agreement, no adverse impact on the provision of services or other work required under the Agreement or Agency's activities, no interruption of any services provided by third parties, and no adverse impact on the provision of services provided by third parties. Contractor shall return to Agency all Agency assets in Contractors possession. 5. Confidential Relationship. Agency may from time to time communicate to Contractor certain information to enable Contractor to effectively perform the services. Contractor shall treat all such information as confidential whether or not so identified, and shall not disclose any part thereof without the prior written consent of the Agency. Contractor shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services. The foregoing obligation of this Paragraph 5, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of the Contractor, hereafter disclosed in publicly available sources of information; (iii) is now in the possession of Contractor without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to Contractor by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. Contractor shall not disclose any reports, recommendations, conclusion or other results of the services or the existence of the subject matter of this contract without the prior written consent of the Agency. In its performance hereunder, Contractor shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. 6. Office Space and Clerical Support. Contractor shall provide its own office space and clerical support at its sole cost and expense. 7. Covenant Against Contingent Fees. Contractor declares that is has not employed or retained any Agency or person, other that a bona fide employee working for Contractor, to solicit or secure this Agreement, that it has not paid or agreed to pay any Agency or person, other that a bona fide employee, any fee, commission, percentage, brokerage fee, gift or any other consideration, contingent upon or resulting from the award or making of the Agreement. For breach of violation of this warranty, Agency shall have the right to annul this Agreement without liability, or at its sole discretion, to deduct from the Agreement price or consideration, or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. 8. Ownership of Documents. All memoranda, reports, plans, specifications, maps and other documents prepared or obtained under the terms of this Agreement shall be the property of Agency and shall be delivered to Agency by Contractor upon demand. 9. No Assignments. Neither any part nor all of this Agreement may be assigned or subcontracted, except as otherwise specifically provided herein, or to which Agency, in its sole discretion, consents to in advance thereof in writing. Any assignment or subcontracting in violation of this provision shall be void. 10. Maintenance of Records. Contractor shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the contract period and for three (3) years from the date of final payment under this Agreement, for inspection by Agency and copies thereof shall be furnished, if requested. 11. Licenses, Permits, Etc. Contractor represents and declares to Agency that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. Contractor represents and warrants to Agency that Contractor shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for Contractor to practice its profession. 12. Contractor's Insurance. Contractor shall provide insurance as set forth in Exhibit "A" entitled "Special Provisions" attached hereto and made a part thereof. 13. Liability. Notwithstanding any other provisions contained in this Agreement, Contractor shall be responsible for all injuries to person and for all damages to real or personal property of Agency or others, caused by or resulting from the wrongful act or negligent acts, errors, or omissions of itself, its employees, or its agents during the progress of, or in connection with, the rendition of services hereunder. Contractor shall hold harmless and indemnify Agency, and all officers and employees of Agency from all costs and claims for damages to real or personal property, or personal injury to any third party, including reasonable attorney fees resulting from the negligent performance of Contractor, its employees, or its agents, under this Agreement. 14. Contractor Not an Agent. Except as Agency may specify in writing, Contractor shall have no authority, expressed or implied, to act on behalf of Agency in any capacity whatsoever as an agent. Contractor shall have no authority, expressed or implied, pursuant to this Agreement to bind Agency to any obligation whatsoever. 15. Personnel. Contractor shall assign qualified and certified personnel to perform requested services. The Agency shall have the right to review and disapprove personnel for assignment to Agency's projects. 16. Notices. Notices shall be given as described on Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 17. Compliance with Laws. Contractor shall be in conformity with all applicable Federal, State, County, and local laws, rules, and regulations, current and hereinafter enacted, including facility and professional licensing and /or certification laws and keep in effect any and all licenses, permits, notices and certificates as are requested. 18. Entire Agreement, This Agreement shall constitute the entire understanding between Contractor and Agency relating to the terms and conditions of the services to be performed by Contractor. IN WITNESS WHEREOF, the parties hereto have executed this Consignment Agreement the date and year first above written. ATTEST: CITY OF SANTA ANA MARIA D. HUIZAR DAVID CAVAZOS Clerk of the Council City Manager Y f-f Lisa Storck Assistant City Attorney RECOMMENDED FOR APPROVAL: C.H.P. Enterprises dba FRANCISCO GUTIERREZ Executive Director— FMSA Ken Porter Auctions B! "SPECIAL PROVISIONS" EXHIBIT "A" A. Scope of Services. Contractor agrees to perform public auction services as required by Agency. Contractor shall provide the necessary qualified personnel to perform the services. In performance of the services Contractor shall: 1. Scope of Work The Agency of City of Santa Ana periodically holds auctions to dispose of surplus vehicles, construction equipment, and other miscellaneous equipment. Contractor will provide auction services at Contractor's sites as well as be able to provide mobile or offsite auctions services should the need arise. 2. General Requirements 231 Contractor shall have the administrative and fiscal capability to provide and manage the proposed services. 2_2 Contractor shall ensure that no property assigned to the Contractor may be sold before an auction without prior written agreement of the Agency. 233 Should both parties agree to a sale prior to auction, the proceeds of said sale should be treated as part of the gross proceeds of the auction. 3. Agency Requirements 331 Agency shall provide in a timely manner the free and clear Title of Certificate of Ownership and all documents necessary to affect Transfer of Title for motor vehicles, trailers and vehicle equipment and other property. At the option of the Contractor, vehicles may not be offered at auction unless the Certificate of Ownership and all other documents necessary to affect a Transfer of Title for motor vehicles trailers, and vehicles equipment are submitted at least five (5) days prior to sale. 332 Agency shall perform and comply with all required AQMD (Air Quality Management District) VIN STOP Regulations and provide notice to Contractor of those vehicles to which VIN STOPS are in place. 333 Agency shall submit to Contractor a list of property released for sale. It is understood that minor changes in said list may be submitted to Contractor at any time prior to two (2) weeks in advance of the auction. Notwithstanding the foregoing, the Agency may withdraw property from said list upon notice to Contractor five (5) days prior to auction. 334 Agency warrants title to all property to be unencumbered at the time of sale. All property shall be sold "as is, where is" without any warranty by Contractor as to condition or usability. This disclaimer hall be obtained in all auction brochures and incorporated into the "Terms and Conditions of Sale" as well as on the sale invoice. 335 Agency at is option may choose to transport Agency property to the Contractor's auctions site using transportation other than that provided by the Contractor. Agency property will be delivered to the Contractors site between the hours of 8 am and 5 pm, Monday through Friday. 336 Agency at its option may choose to use the transportation provided by the Contractor at the Contractor's current rates. 4. Contractor Requirements 4_1 Contractor shall provide Agency such documents as Agency may request to protect Agency's rights. 4_2 Contractor shall maintain any and all records considered necessary by the Agency other than those provided by the Contractor. Agency will also provide Contractor such additional documents as Contractor may reasonably request in order to assist Contractor in performing its duties under the agreement. 4_3 Contractor shall comply with the consignment terms of the California Commercial Code and such other codes and regulations as may apply to the services provided by the Vendor. 5. Auction Requirements 5_1 Contractor shall conduct a minimum of twenty (20) sales per year at their facility. 5_2 Contractor shall ensure all auctions will be open to the general public, and there shall be no fee charged for participation as a potential buyer. 5_3 Live Internet bidding must be provided for Agency vehicles. 5_4 Contractor shall ensure sales of such property will be made only to the highest responsible bidder. The proceeds from all sales shall be collected in the form of cash, cashier's check, traveler's check, money order, or a check guaranteed by a bank letter of credit. 5_5 Contractor shall ensure that unless otherwise directed by the Agency, all unsold property shall be rescheduled to the next available auction at no additional cost to the Agency. 5_6 Contractor shall receive and protect and properly secure, pursuant to the insurance provisions of Section D of this Exhibit "A ", all property from Agency for disposal. 5_7 Contractor shall supply all needed personnel and set up all needed auction equipment and facilities such as office, customer seating, and auction stands and refreshment area. 5_8 Contractor shall comply with all pertinent provisions of the Bulk Sales laws and laws and regulations of the State of California, including, but not necessarily limited to, obtaining all necessary licenses and permits, posting required bonds, payment of all fees and expenses thereof. 5_9 Contractor shall register all bidders and issue bidder numbers. 5.10 Contractor shall accept proxy bids with proper registration and when the bidder has submitted a written request for a proxy bidder within 12 hours of start of auction. 5.11 Contractor shall ensure that all property is available for public inspection at least two (2) working days immediately preceding the auction sale date. 5.11.1 No other public access will be allowed. Contractor's personnel and security employees will supervise this inspection period. 5.11.2 Vehicles shall be washed prior to inspection days and again immediately before the auction sale, or as requested by Agency. 5.11.3 Contractor shall, when requested by Agency, provide transportation of all property from the Agency's possession to Contractor's auction facility. Contractor shall ensure licensed and insured subcontractors provide such transportation. The fees for such services shall be deducted from the auction proceeds by Agency. All fees shall be listed in a schedule of values and are fixed for each contract and option year. 5.12 Contractor shall, when requested by Agency and in compliance with California State Laws, arrange for smog certificates or a statement that vehicle does not meet smog requirements prior to sale. The fees for such services shall be deducted from auction proceeds by Agency. 5.13 Contractor shall, when requested by Agency, arrange for property repair, detailing or reconditioning. Contractor, upon direction of the Agency, will obtain price quotes, and upon receipt of written instructions from the Agency, shall have the necessary services performed. The fees for such services shall be deducted from auction proceeds by Agency. 5.14 Agency reserves the right to set a minimum selling price on certain items, and shall coordinate minimum bid requests with Contractor for the purpose of ensuring reasonableness of minimum bid. If a minimum bid item is not sold, the auctioneer will be entitled to commission based on minimum bid set by Agency. Contractor shall prepare and present to the new owner the necessary documentation to transfer ownership or title, including DMV forms. 5.15 Contractor shall not merge or combine lots offered for sale unless they are from the same consignor. 5.16 For extremely heavy items, large or difficult to transport items or items with a fixed or semi -fixed location, or any other items for which it is determined that it is economically more feasible to sell the item off -site, the following procedure will be used. 5.16.1 Agency will provide Contractor with available inspection time prior to auction or allow the Contractor to move the consigned property to the Contractor's site for inspection. 5.16.2 The Contractor may auction off -site items using photograph or other means. The display will include a general description of each item and related public inspection information. 5.16.3 The Contractor shall include such items in its advertising plan and shall be knowledgeable about the off -site items being offered. 6. Advertising 6_1 Contractor shall engage in a comprehensive advertising and marketing campaign in advance of each auction. 6.1.1 The campaigns shall include: advertisements in major newspapers in the surrounding major metropolitan areas, preparing printing, and distributing fliers and brochures on special interest property, advertisements in trade journals as well as national and international campaigns when appropriate. B. Compensation and Reimbursement. Contractor shall be compensated out of proceeds of auction based on total gross sales as set forth in Exhibit B. C. Term of Agreement. This Agreement shall be effective from the period commencing, August-20 , 2014 and ending _August 20_2015 unless sooner terminated by Agency as provided in the section of this Agreement entitled "Termination ". Upon expiration or termination of the Agreement, Contractor shall return to Agency any and all equipment, documents or materials and all copies made thereof which Contractor received from Agency or produced for Agency for the purposes of this Agreement. D. Contractor's Insurance. 1. Coverage's: Contractor shall obtain and maintain during the life of this Agreement all of the following insurance coverage's: a) Comprehensive General Liability including premises- operations, products /completed, broad form property damage, and blanket contractual liability with the following coverage's: General Liability $500,000 per person per occurrence $1,000,000 aggregate per occurrence $500,000 property damage per occurrence b) Automotive Liability including owned, hired, and non -owned vehicles with the following insurance coverage's: Auto Liability $500,000 per person per occurrence $1,000,000 aggregate per occurrence $100,000 property damage per occurrence c) Workers' Compensation insurance in statutory amount. All of the endorsements which are required above shall be obtained for the policy of Workers' Compensation insurance. 2. Endorsements: Endorsements shall be obtained so that each policy contains the following three provisions: a) Additional Insured. (Not required for Professional Errors and Omissions Liability Insurance or Workers' Compensation.) "Agency of City of Santa Ana and its elected and appointed boards, officers, agents, and employees are additional insured's with respect to this subject project and contract with Agency ". b) Notice. "Said policy shall not terminate, nor shall it be canceled, until thirty (30) days after written notice is given to Agency ". c) Primary Coverage. "The policy provides primary coverage to Agency and its elected and appointed boards, officers, agents, and employees. It is not secondary or in any way subordinate to any other insurance or coverage maintained by Agency ". 3. Insurance Certificates Contractor shall provide Agency certificates of insurance showing the insurance coverage's described in the paragraphs above, in a form and content approved by Agency, prior to beginning work under this Agreement. E. Notices. All notices, billings and payments hereunder shall be in writing and sent to the following addresses: Agency of: City of Santa Ana — Rick Longobart Address: 215 S. Center Street Building J Agency: Santa Ana, State: CA Zip Code 92703 EXHIBIT B -COMPENSATION CONTRACTOR WILL RETAIN THE FOLLOWING COMMISSION RATE FROM TOTAL GROSS SALES 2) Incidental Services: a) Remove decals, bumper stickers, any identifiers of Agency, Of Agency, and paint over area b) Remove light bar c) Replace battery (including parts and labor) if needed d) Transport of each Cars and Light Truck e) Transport Trailer — Per Load for Miscellaneous surplus items f) Large Trucks (over one ton) and Equipment 3) A. Mechanical Repairs Parts Markup (from retail price) Percentage B. Replacement parts associated with mechanical repairs Notes: Fixed Unit Price TBD TBD $45.00 $45.00 $260.00 TBD Labor Rater per Hour $45.00 TBD Item C: Ken Porter Auctions will only replace batteries (including parts and labor) when requested and /or instructed by the Agency. Item 3A: Ken Porter Auctions will only perform Mechanical Repairs when requested and /or instructed by the Agency. Item 3B: Ken Porter Auctions will only charge for Replacement parts associated with Mechanical Repairs when requested and /or instructed by the Agency. The cost will be the net cost charged to Ken Porter Auctions, plus 10 %. Commission Rate 1) Commission Rate Charged to Agency 0% Agency Fee 10% Buyers Premium a) Passenger vehicles 0 %Agency Fee 10 %Buyers Premium b) Commercial vehicles 0% Agency Fee 10% Buyers Premium c) Aircraft( 5 to 10 % BP —pending asset value) 0% Agency Fee 10% Buyers Premium d) Miscellaneous surplus 0% Agency Fee 10- 15 %BuyersPremium 2) Incidental Services: a) Remove decals, bumper stickers, any identifiers of Agency, Of Agency, and paint over area b) Remove light bar c) Replace battery (including parts and labor) if needed d) Transport of each Cars and Light Truck e) Transport Trailer — Per Load for Miscellaneous surplus items f) Large Trucks (over one ton) and Equipment 3) A. Mechanical Repairs Parts Markup (from retail price) Percentage B. Replacement parts associated with mechanical repairs Notes: Fixed Unit Price TBD TBD $45.00 $45.00 $260.00 TBD Labor Rater per Hour $45.00 TBD Item C: Ken Porter Auctions will only replace batteries (including parts and labor) when requested and /or instructed by the Agency. Item 3A: Ken Porter Auctions will only perform Mechanical Repairs when requested and /or instructed by the Agency. Item 3B: Ken Porter Auctions will only charge for Replacement parts associated with Mechanical Repairs when requested and /or instructed by the Agency. The cost will be the net cost charged to Ken Porter Auctions, plus 10 %. �►c °R ®® CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDYY) 6/1 /Y 3/2014 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 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 Bf kl United Agencies, Inc 100 N. 1 st St., Ste. 301 Burbank CA 91502 PAHONE AIC No: E -mna ADDRESS: - INSURER (S) AFFORDING COVERAGE NAIC # CPA1023043 -18 INSURER A:Great Divide 2 EACH OCCURRENCE INSURED CHPEN -1 INSURER BdChubb Group of Ins, CompaoiQa 10052 INSURER C: C.H.P. Enterprises, Inc. Cinema Vehicle Services, Ken Porter Auctions 12580 Saticoy Street N. Hollywood CA 91605 INSURER D: PREMISES 7TN7Irrence INSURER E INSURER F CLAIMS -MADE 1XI OCCUR COVERAGES CERTIFICATE NUMBER: 628836608 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. ILTR TYPE OF INSURANCE ADDL INSR SUBR MD POLICYNUMBER POLICY EFF MMIDOfYYVV POLICY EXP MMIDDIYYYY LIMITS • GENERAL LIABILITY Y Y CPA1023043 -18 /16/2014 /16/2015 EACH OCCURRENCE $1,000,000 X COMMERCIAL GENERAL LIABILITY PREMISES 7TN7Irrence $100,000 CLAIMS -MADE 1XI OCCUR MED EXP(Any one person ) $Excluded PERSONAL B ADV INJURY $1,000,000 X Contractual X XCU GENERALAGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGO $1,000,000 $ POUCYFI PRO- LOG • AUTOMOBILE LIABILITY Y CGA1023044 -18 6/16/2014 /16/2015 Ea accident ) $1,000,000 BODILY INJURY (Per person) $ ANYAUTO X ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ X NON -OWNED HIRED AUTOS X AUTOS PROPERTY DAMAGE Per a. dent $ $ • X UMBRELLA LIAB X OCCUR CUA1023045 -17 /16/2014 /16/2015 EACH OCCURRENCE $5,000,000 AGGREGATE $5,000,000 EXCESS LIAB CLAIMS -MADE DED IX I RETENTION$10,000 I $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN y WCA 2007167 -11 1211/2013 2/1/2014 X WC STATIJ- OTH- T RV L IT E.L. EACH ACCIDENT $1,000,000 ANY PROPRIETOWPARTNER/EXECUTIVE ❑ W OFFICEMEMBER EXCLUDED? NIA E.L. DISEASE - EA EMPLOYE $1,000,000 (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below EL .DISEASE - POLICY LIMIT 1 $1,000,000 B B Crime Professional 8170 -4256 6804 -7741 /16/2014 15/2013 /16/2015 /5/2014 Crime 11000,000 Auctioneer 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) The City of Santa Ana,and its officials, employees and agents are named additional insured as their interest warrants per written coOft. Waiver of Subrogation applies.. Primary and Non Contributory endorsement applies. 30 day notice of cancellation appe.® '® LISA, iS ORGK ttorneY CFRTIFICATE HOLDER CANCFI I ATInN AMAISILatr` — - © 1988.2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Santa Ana, Facilities, Fleet & Stores Mgr, Rick ACCORDANCE WITH THE POLICY PROVISIONS. D.Longobart 215 S Center St, Bldg J M -83 Santa Ana CA 92703 AUTHORIZED REPRESENTATIVE &, © 1988.2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD POLICYNUMBER: CPA1023043 COMMERCIAL GENERAL LIABILITY CG 20 26 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, ADDITIONAL INSURED -- DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE BLANKET AS REQUIRED BY WRITTEN CONTRACT EXECUTED PRIOR TO LOSS. Section II — Who Is An Insured is amended to in- clude as an additional insured the person(s) or organl- zation(s) shown in the Schedule, 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 omis- sions of those acting on your behalf: A. In the performance of your ongoing operations; or B. In connection with your premises owned by or rented to you. CG 20 26 07 04 U ISO Properties, Inc., 2004 Page 1 of 1 ❑ COMMERCIAL GENERAL LIABILITY CG Eta` AS vo v4 TH9 S ENDORSEMENT CHANGES THE POLICY, (PLEASE READ IT CAREFULLY. This endorsement modifies insuran ..e nrovided under the- follnwing, COMMERCIAL GENERAL LIABILITY COVERAGE PART Section IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, paragraph 4. Other In- surance, subparagraph a., Primary Insurance is amended as follows: a. rnwa,y n,auianw This insurance Is primary except when b. below applies. If this insurance is primary, our obligations are not affected unless any of the other insurance is also primary. Then we will share with all that other insurance by the method described in G. below. If the Flamed Insured has entered into an "insurod c ^t1 ^ct" aquL Ing that this anee be prirriay and non- contributory, we will abide by that contract requirement.uY rr. Eps Ac nR ne Includes r foa pro. �i nr ISO Yl „e,,. 0 .,,u.v „4� v, Pag ®9 of 1 ❑ withi Ii5 permiSSiuii. POLICY NUMBER: CPA1023043 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS /COMPLETED OPERATIONS LIABILITY COVERAGE PART �I9:1:411019i Name Of Person Or Organization: As required by written contract executed prior to a loss. Information required to complete this Schedule if not shown above, will be shown in the Declarations, The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV — Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products - completed operations hazard ". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 1 POLICY NUMBER: CGA1023044 COMMERCIAL AUTO CA 20 48 02 99 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fied by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" under the Who Is An Insured Prbvi- sion of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form, This endorsement changes the policy effective on the Inception date of the policy unless another date Is indicated below. Endorsement Effective: Countersigned By:Katy B�roclkkI Named Insured:C.H.P. Enterprises Inc, Ken Porter Auctions (Authorized Representative) SCHEDULE Name of Person(s) or Organization(s): (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement.) Each person or organization shown in the Schedule is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in Section II of the Coverage Form. CA 20 48 02 99 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 1 13 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged In the work described in the Schedule. The additional premium for this endorsement shall be % of the California workers' compensation premium otherwise due on such remuneration. SCHEDULE PERSON OR ORGANIZATION JOB DESCRIPTION As required by written contract executed prior to a Loss. This endorsement changes the policy to which it is attached and is effective on the data Issued unless otherwise stated, (The information below is required only when this endorsement Is Issued subsoquentto preparation orthe policy.) Endorsement Effective: 12 %01/13 PolicyNo.; WCA2007167 -11 Endorsement No, I InsuredC H P Enterprises, Inc, Premium Insurance Company Great Divide Insurance Company Countersigned S 1 0, X.AA� (bA X J 01998 by the Workers' Compensation insurance Rat(ng Bureau of California, All rights reserved, From the WCTRS's Califomin Workers' Compensation Insurance Forms Manuel t91999