HomeMy WebLinkAboutNEUE STYLE - 2016INSURANCE ON FILE
WORK MAY PROCEED
TIL INSURANCE EXPIRES
CLERK OF COUNCIL
DATE; 5 _ 2D16
c cDA I)
CONSULTANT AGREEMENT
THIS AGREEMENTis made and entered into this
etween Neue Style ("Consultant') and the City of Santa
corporation organized and existing under the Constitution
RECITALS
N-2016-065
13 day of 4J, , 2016, by and
Tana, a charter city and municipal
and laws of the State of California
A. The City desires to retain a consultant having special sldil and knowledge in the
field of advertising development.
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 the 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
The Scope of Services for Consultant shall be advertising development services provided
pursuant to the Scope of Services document attached hereto and incorporated herein as Exhibit
A.
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 suns to be expended under this Agreement
shall not exceed $5,000,00 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.
TERM
This Agreement shall commence on the date first written above and terminate after one
(1) year, unless terminated earlier pursuant to Section 15, below. The term of this Agreement
may be extended upon a writing executed by the City Manager and the City Attorney.
4. OWNERSHIP OF MATERIALS
This Agreement creates a non-exclusive and perpetual license for City to copy, use,
modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property
embodied in plans, specifications, studies, drawings, estimates, and other documents or works of
authorship fixed in any tangible mediiun of expression, including but not limited to, physical
drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared
or caused to be prepared by Consultant under this Agreement ("Documents & Data").
Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive
and perpetual license for any Documents & Data the subcontractor prepares under this
Agreement. Consultant represents and warrants that Consultant has the legal right to license any
and all Documents & Data. Consultant makes no such representation and warranty in regard to
Documents & Data which were provided to Consultant by the City. City shall not be limited in
any way in its use of the Documents and Data at any time, provided that any such use not within
the proposes intended by this Agreement shall be at City's sole risk.
5. 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 its employees and shall be responsible for all applicable withholding taxes.
6. 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 which shall include, but not be limited to protection against claims
arising frorn 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 and $2,000,000 in the aggregate. Such insurance shall (a)
name the City, its officers, employees, agents, volunteers and representatives as additional
insured(s); and (b) be primary and not contributory with respect to insurance or self-insurance
programs maintained by the City.
b. Worker's Compensation Insurance. In accordance with California State law,
Consultant, if Consultant has any employees, is required to be insured against liability for
worker's compensation or to undertake self-insurance, Prior to commencing the performance of
the work under this Agreement, Consultant agrees to obtain and maintain any employer's
liability insurance with limits not less than $1,000,000 per accident.
c, The following requirements apply to the insurance to be provided by Consultant
pursuant to this section:
(i) Consultant shall maintain all insurance required above in full force and
effect for the entire period covered by this Agreement. Certificates
of insurance shall be furnished, to the City upon execution of this
Agreement and shall be approved in form by the City,
(ii) Certificates and policies shall state that the policies shall not be canceled
or reduced in coverage or changed in any other material aspect without
thirty (30) days prior written notice to the City,
d, If Consultant fails or refuses to produce or maintain the insurance required by this
section or fails or refuses to furnish the City with required proof that insurance has been procured
and is in force and paid for, the City shall have the right, at the City's election, to terminate this
Agreement. Such termination shall not affect 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.
7. INDEMNIFICATION
Consultant agrees to and shall indemnify, defend, and hold harmless the City, its officers,
agents, employees, consultants, counsel, and representatives from liability for personal injury,
damages, just compensation, restitution, judicial or equitable relief arising out of claims: (1) for
personal injury, including death, and claims for property damage, arising 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 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. The Consultant further agrees to indemnify, hold harmless,
and pay all costs for the defense of the City, including fees and costs for counsel to be selected
by the City, regarding any action by a third party asserting that personal injury, damages, just
compensation, restitution, judicial or equitable relief due to personal or property rights arises by
reason of the terms of, or effects arising from this Agreement. City may make all reasonable
decisions with respect to its representation in any legal proceeding.
8. INTELLECTUAL PROPERTY INDEMNIFICATION
Consultant shall defend and indemnify the City, its officers, agents, representatives, and
employees against any and all liability, including costs, for infringement of any United States'
letters patent, trademark, or copyright infringement, including costs, contained in the work
product or documents provided by Consultant to the City pursuant to this Agreement.
9. RECORDS
Consultant shall keep records and invoices in connection with the work to be performed
under this Agreement. Consultant shall maintain complete and accurate records with respect to
the costs incurred under this Agreement and any services, expenditures, and disbursements
charged to the City for a minimum period of three (3) years, or for any longer period required by
law, from the date of final payment to Consultant under this Agreement. All such records and
invoices shall be clearly identifiable. Consultant shall allow a representative of the City to
examine, audit, and make transcripts or copies of such records and any other documents created
pursuant to this Agreement during regular business hours. Consultant shall allow inspection of
all work, data, documents, proceedings, and activities related to this Agreement for a period of
three (3) years from the date of final payment to Consultant under this Agreement,
10. CONFIDENTIALITY
If Consultant received 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; (e) is in rightfal
possession of the Consultant and disclosed 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.
11. CONFLICT OF INTEREST CLAUSE
Consultant covenants that it presently has no interest and shall not have interests, direct
or indirect, which would conflict in any manner with performance of services specified under
this Agreement.
4
12. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this
Agreement shall be in writing and shall be deemed to be properly given if delivered in person or
mailed by first class or certified mail, postage prepaid, or sent by facsimile or other telegraphic
communication in the manner provided in this Section, to the following persons:
To City: Cleric of the City Council
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Copies to:
To Consultant:
Santa Ana, California 92702-1988
Facsimile (714) 647-6956
Community Development Agency
City of Santa Ana
20 Civic Center Plaza (M-25)
P.O. Box 1988
Santa Ana, California 92702-1988
Facsimile (714) 647-6549
City Attorney
City of Santa Ana
20 Civic Center Plaza (M-29)
P.O. Box 1988
Santa Ana, California 92702-1988
Facsimile (714) 647-6515
Neue Style
912 East Santa Ana Boulevard
Santa Ana, California 92701
Telephone: (714) 724-9900
howda(neuestvle.com
A party may change its address by giving notice in writing to the other party. Thereafter,
any communication shall be addressed and transmitted to the new address. If sent by mail,
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 facsimile, communication shall be effective or deemed to
have been given twenty-four (24) hours after the time set forth on the transmission report issued
by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating
these time frames, weekends, federal, state, County or City holidays shall be excluded.
13. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and
Consultant regarding the subject matter herein, 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 and will serve to fully
supersede existing Agreement. 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, that terms or 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.
14. 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.
15. TERMINATION
This Agreement may be terminated by the City with thirty (30) days written notice of
termination to the Consultant.
a. As a condition of such payment, the City may require Consultant to deliver to the City
all the 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 that fails to meet the standard of performance
specified in the Recitals of this Agreement.
16. NON DISCRIMINATION
Consultant shall not discriminate because of race, color, creed, relation, 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 or any activities under this Agreement. Consultant affirms
that it is an equal opportunity employer and shall comply with all applicable federal, state and
local laws and regulations,
17. JURISDICITON - VENUE
This Agreement has been executed and delivered in the State of California and the
validity, interpretation, performance, and enforcement of any of the clauses of this Agreement
shall be determined and governed by the laws of the State of 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.
18. PROFESSIONAL LICENSES
Consultant shall, throughout the tern 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 Sates, the State of California,
the City of Santa Ana and all other governmental agencies. Consultant shall notify the City
immediately and in writing of her inability to obtain or maintain such permits, licenses,
approvals, waivers, and exemptions. Said inability shall be cause for termination of this
Agreement.
IN WITNESS WHEREOF., the parties hereto have executed this Agreement the date and year
first above written.
ATTEST:
Marra D. Huizar
Clerk of the Council
APPROVED AS TO FORM:
Sonia R. Carvalho
Cit,
By:
CITY OF SANTA ANA
David Cavazos
City Manager
RECOMME )EDFORAPPROVAL: CONSULTA
K 1y Reenders Neue kyle
Executive Director of Community
Development Agency
NEOE STYLE
912 east "Santa ana boulevard
santa ana. califurnia 92701
howdy(isneuestyle.corn
mw.nevestyle.com
(severaoruetounj 724.99047
EXHIBIT A
March 28, 2016
Ad Designs/Retainer Agreement far The City of Santa Ana
Objective
Design two separate full-page promotional ads for the City of Santa Aria. In addition,
provide additional graphic design services (when needed) to be billed (hourly) against
a pre -paid $5.000 retainer.
A retail -centric ad to be featured in Western Real Estate Business Magazine.
Stats will be provided by the city of Santa Ana to help promote industrial and
office buildings.
A community -focused ad to be featured in the Old Towne Orange Plaza Review
to promote retail in [Downtown Santa Ana.
Upon completion of the ad designs, services rendered will be billed against the
remaining balance of the retainer at the appropriate hourly rate (see attacher)
'fes schedule). Upon exhaustion of the service retainer. the City of Santa Ana may
choose to 'recharge' the existing agreement. Any unused balance of the service
retainer will need to be used no later than twelve (12) months from the start of
the agreement. All projects corn plated will include an hourly breakdownas well
as a service retainer statement balance.
Logos, copy. and any additional creative and/or photographic assets to be furnished
by the Client. Photographic services can and will me made available upon request
Assets will then be crafter) into digital artwork and delivered to the publication
vendor.
Client Deliverables
General direction (target audience)
• Advertisement goals
• Direction (overall lock and feelexfun, exciting_ youth-crlented, Institutional, etc)
• Logos (if needed) in PDF or AI/EPS (preferred) format
• High-resolution photography (if needed)
• Pinal copy (proofread for spelling and grafrimar errors)
• Size, colorand any other pre -press requirements
• Preferred delivery method to distribution vender
proofs
Proofs will be ernalled to Client as PDF files
stock Images
No storlr imager y to be purchased
NEVE STYLE
912 east santa arra boulevard
santa ana, california 92701
howdy@neuestyle,com
www.neuestyle.com
(SEVEN ONE POUR) 724.9900
EXHIBIT A
Asset Sharing and File Management
NEUESTYLE utilizes Dropbox to help organize. manage, and share flies. A dedicated
Dropbox folder will be shared with all Project Partners.
Production Delivery Date
T80 -ASAP to meet printing schedules. A rush fee WILL NOT apply to the first two
aforementioned projects
Revisions
Copy, design, and layout changes will be limited to three rounds of revisions.
Please have your copy finalized being that any additional revisions beyond this scope
of work will be billed at our standard hourly rate ($8S).
Estimated Project Completion Time
A successful and timely launch will rely on timely delivery of content and visual assets
from the Client, as well as any approvals. A timetable with several key milestones
can be developed upon Project commencement If desired by the Client. A Final
Completion Date will be provided upon delivery of timetable. All artwork and Client
copy will need to be submitted before commencement of Project. Estimates are good
for 30 days from issue. Each milestone of The Project requires client interaction/
approval to move forward and stay on schedule. Files delivered for approval are
assumed approved if feedback is not given within 2 business days of delivery.
Projects delayed by client over two weeks require a 10% restart fee to re-engage the
project or can be cancelled at the discretion of NEUESTYLE. This estimate is good for
thirty calendar days.
Initial Estimate
Two (2) full-page Advertisement Designs: 5510
NEOE STYLE
912 east Santa ane boulevard
Santa ana, califorma 927oi
EXHIBIT A
Design & Consulting Fee Schedule
Strategic Digital Marketing Solutions
rhe following prices are baseline estimates reflective of the typical requirements In
todays online marketplace. Actual costs may differ significantly,
howdy@jouefityle.com
www.neuestyb.corn Enterprise Level Website
(ssysN ow noun} 724,9900 May include branding, content development, copywriting, custom applications, etc
$6,500+
Basic Website
Site design, development. deployment
$2,000+
Basic Website Loading Page
Site design, development, deplovme it
$750+
Branding and identity
Logo design, comps, revisionsusage,. branding guide delivered in multiple formats
$3,000+
Basic Logo Design
Logo design delivered in multiple formats
$9,000+
Saclol Media Strategic Solutions
Inducles digital content creation. schedulinggo-to-market strategy
$2,500/mo+
NEVE STYLE
912 Past sant'a aria haulevard
Santa ana, California 92701
EXHIBIT A
Hourly Rates
The following prices are baseline estimates reflective of the typical requirements in
today's online, marketplace, Actual costs may differ significantly.
howdOOneuastyle.coni Consulting
WwW. neuestyle row g
$150/hr
jsevenl owe poen) 724.9900
Application Development
$150/hr
Front -End Web Development
$90/hr
Graphic Design
$05/hr
Photogrophy
$200/hr
Video production
$200/hr
Rush Rotes*
1.5x normal hourly rate
"Frush rates are defined as
I . Due date is less than 36 hours from start, unless stated otherwise
2. Andlor completion requires after hours (Sprn-barn PST)
3. Weekends. holidays
NEVE STYLE
912 east Santa ana boulevard
Santa ana, caffornia 5a7w
howdy@fleuestyle (Om
www.neuestyle.com
[SEVEN aNe Faun} 724.5900
EXHIBIT A
Payment Terms
Projects or combinations of projects may be billed at a flat fee If the estimated cost
is expected to reach or exceed $500 USO. Estimates or quotes may be prepared to
determine final cost and the appropriate payment terms as defined below,
$499 or less
Payment due upon completion
5500 - $4,999
50% non-refundable deposit required to start with the remaining balance payment
due within 10 days of final delivery,
$5,000+
30% non-refundable deposit required to start with 301y„ due at the halfway point"
with the remaining 40% due within 10 days of final delivery
-The halfway point of a project will be agreed upon prior to project commencement
Payment Methods Accepted
Cash, check, credit card. debit card, OitCoin, Paypal
CERTIFICATE OF LIABILITY INSURANCE
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CER77FICATE HOLDER. TILS
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 cartiNcam holder is an ADDITIONAL INSURED, the pollcy(ies) must have ADDITIONAL INSURED provisions or be andorsed.
If SUBROGA71ON IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement an
this contficata does net center rights to the certificate holder In Hou of sugh ondome t s .
INweoeea - c TA Mark G Witcher
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Chute Vista CA 91g13 INSUION2A. Stale Farm General- Insurance Company 1 25151
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952 E Santa Ana Blvd
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INDICATED, NOT ANY REQUIREMENT, TERM OR CONDt"notl OF ANY CONTRACT' OR OTHER. DOCUMENT Vd CH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR. MAY PeM'AI4. THE INS1114ANCE 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.
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8-2615 ACCiRP-CORPeRATION. All rights reserved.
ACORD 25 (2016103) The ACORD name and toga are registered nearks !CORD
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SHOULD ANY OF THE A34WE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE ER�OF, NORCE WILL 13E DELIVERED IN
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NR Policy No. 90—CY—E378-5 CMP -4786.1
Page 1 of 2
THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY.
CMP -4786.1 ADDITIONAL INSURED — OWNERS, LESSEES, OR CONTRACTORS
(Scheduled)
This endorsement modifies insurance provided under the following:
BUSINESSOWNERS COVERAGE FORM
SCHEDULE
Policy Number: 90 -CY-E378-5
Named Insured:
COOLIDGE, SEAN C
DBA NEUE STYLE;
912 E SANTA ANA BLVD
SANTA ANA_ CA 92702-3943
Name And Address Of Additional Insured Person Or Organization:
CITY OF SANTA ANA, ITS OFFICERS, DIRECTORS & EMPLOYEES
28 CIVIC CENTER PLZ
SANTA ANA CA 92701-4024
SECTION II — WHO IS AN INSURED of
SECTION II — LIABILITY is amended to in-
clude, as an additional insured, any person or
organization shown in the Schedule, but only
with respect to liability for "bodily injury",
"property damage", or "personal and advertis-
ing injury" caused, in whole or in part, by:
a. Ongoing Operations
(1) Your acts or omissions; or
(2) The acts or omissions of those acting
on your behalf;
in the performance of your ongoing opera-
tions for that additional insured; or
b. Products - Completed Operations
"Your work" performed for that additional
insured and included in the "products -
completed operations hazard".
However, Paragraph 1, above is subject to the
following:
b. If coverage provided to the additional in-
sured is required by a contract or agree-
ment, the insurance provided to the
additional insured will not be broader than
that which you are required by the contract
or agreement to provide for such addition-
al insured; and
c, If the contract or agreement between you
and the additional insured is governed by
California Civil Code Section 2782 or
2782.45, the insurance provided to the
additional insured is the lesser of that
which:
(1) Is allowed for the satisfaction of a de-
fense or indemnity obligation by Cali-
fornia Civil Code Section 2782 or
2782.05 for your sole liability; or
(2) You are required by contract or
agreement to provide for such addi-
tional insured.
a. The insurance afforded to the additional We have no duty to defend or indemnify the
insured only applies to the extent permit- additional insured under this endorsement un -
ted by law; til a claim or "suit' is tendered to us.
N. Copyright, State Farm Mutual Automobile Insurance Company, 2013 1
Includes copyrighted material of Insurance Services Office, Inc., with its permission. J
CONTINUED
�Pvr_,_
CMP-4786.1
Page 2 or 2
2. Any insurance provided to the additional in-
(3) The nature and location of any injury
sured shall only apply with respect to a claim
or damage arising out of the "occur-
made or a "suit' brought for damages for
rence" or offense;
which you are provided coverage.
b, Tender the defense and indemnity of any
3. With respect to the insurance afforded to the
claim or "suit' to us and to all other insur-
additional insured, the following is added to
ers who may have insurance potentially
SECTION 11 — LIMITS OF INSURANCE:
available to the additional insured; and
If coverage provided to the additional insured
c. Agree to make available any other insur-
is required by contract or agreement, the most
ance the additional insured has for de-
we will pay on behalf of the additional insured
fense or damages for which we would
will be the lesser of the amount of insurance:
provide coverage under SECTION 11 —
a. Required by the contract or agreement; or
LIABILITY.
b. Available under the applicable Limits Of
5. With respect to the insurance afforded the ad-
Insurance shown in the Declarations.
ditional insured, the following replaces SEC-
TION 11 —LIABILITY of Paragraph 7. Other
This endorsement shall not increase the ap-
Insurance of SECTION I AND SECTION 11 —
plicable Limits Of Insurance shown in the
COMMON POLICY CONDITIONS:
Declarations.
a. This insurance is primary to and will not
4. With respect to the insurance afforded to the
seek contribution from any other insurance
additional insured, the following is added to
available to the additional insured, provided
Paragraph 3. Duties In The Event Of Occur-
that the additional insured is a named in-
rence, Offense, Claim Or Suit of SECTION
sured under such other insurance,
11— GENERAL CONDITIONS:
b. Regardless of any agreement between
The additional insured must:
you and the additional insured, this insur-
ance is excess over any other insurance
a. See to it that we are notified as soon as
whether primary, excess, contingent or on
practicable of an 'occurrence" or an of-
any other basis for which the additional in-
fense which may result in a claim. To the
sured has been added as an additional in-
extent possible, notice should include:
sured on other policies.
(1) Now, when and where the "occur-
There will be no refund of premium In the event
rence' or offense took place;
this endorsement is cancelled.
(2) The names and addresses of any in-
jured persons and witnesses; and
All other policy provisions apply.
CMP-4786,1
1007033 148011 08-21-2014
0, Copyright, State Farm Mutual Automobile
Insurance Company, 2013
Includes copyrighted material of Insurance
Services Office, Inc., with its permission.
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