HomeMy WebLinkAboutANAHEIM TRANSPORTATION NETWORK 2-2016INSURANCE ON FIE N-2016-082
WORK MAY PROCEED
UNTIL INSURANCE EXPIRES
CLERK OF COUNCIL
OATS:
kAfA 21 ` ' AGREEMENT WITH ANAHEIM TRANSPORTATION NETWORK
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THIS AGREEMENT is made and entered into this 9`h day of May 2016, by and between
the ANAHEIM TRANSPORTATION NETWORK, a California private, non-profit
transportation management organization ("Contractor"), and the CITY OF SANTA ANA, a
charter city and municipal corporation, organized and existing under the Constitution and laws of
the State of California ("City").
RECITALS
A. The City desires to retain a Contractor to provide a route of the clean fuel public
transit system, known as the Anaheim Resort Transportation (ART), from the
Anaheim Resort geographic area to the City of Santa Ana.
B. Contractor represents that it is able and willing to provide such services to the
City.
C. The City desires to obtain ART services of the Contractor and the Contractor is
willing to extend those services beyond the geographic limits of Anaheim to Santa
Ana upon the terms and conditions described in this Agreement.
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 Or SERVICES
Contractor shall provide public transportation services as fully described in Exhibit A,
and incorporated by reference to this Agreement.
2. COMPENSATION
a. City agrees to pay, and Contractor agrees to accept as total payment for its services
the amount identified in Exhibit A and incorporated by reference to this Agreement.
The total stun to be expended under this Agreement shall be Thirteen Thousand Five
Hundred Dollars ($13,500.00) during the term of this Agreement.
b. Payment by City shall be made within thirty days (30) days following receipt of
proper invoice evidencing work performed, subject to City accounting procedures,
Payment need not be made for work that fails to meet the standards of performance as
set forth in the Recitals which may reasonably be expected by City.
3. TERM
The term of this Agreement shall commence on the date fist written above and terminate
on May 8, 2017, unless terminated earlier in accordance with Section 15, below. The term of
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this Agreement may be extended upon a writing executed by the City Manager and the City
Attorney
4. INDEPENDENT CONTRACTOR
Contractor 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
Contractor performs the services which are the subject matter of this Agreement; however, the
services to be provided by Contractor shall be provided in a manner consistent with all
applicable standards and regulations governing such services, Contractor shall pay all salaries
and wages, employer's social security taxes, unemployment insurance and similar taxes relating
to employees and shall be responsible for all applicable withholding taxes.
5. 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 medium 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 Contractor under this Agreement ("Documents & Data").
Contractor 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, Contractor represents and warrants that Contractor has the legal right to license any
and all Documents & Data. Contractor makes no such representation and warranty in regard to
Documents & Data which were provided to Contractor 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 purposes intended by this Agreement shall be at City's sole risk.
6. INSURANCE
Prior to undertaking performance of work under this Agreement, Contractor shall
maintain and shall require its subcontractors, if any, to obtain and maintain insurance as
described below;
a. Commercial General Liability Insurance. Contractor shall maintain commercial
general liability insurance naming the City, its officers, employees, agents,
volunteers and representatives as additional insured(s) and shall include, but not
be limited to protection against claims arising from bodily and personal injury,
including death resulting therefrom and damage to property, resulting from any
act or occurrence arising out of Contractor'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
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damage, in the total amount of $1,000,000 per occurrence, with $2,000,000 in the
aggregate.
b. Business automobile liability insurance, or equivalent form, with a combined
single limit of not less than $1,000,000 per occurrence. Such insurance shall
include coverage for owned, hired and non -owned automobiles.
C. Worker's Compensation Insurance. In accordance with the provisions of Section
3700 of the Labor Code, Contractor, if Contractor 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, Contractor agrees to obtain and maintain any employer's liability
insurance with limits not less than $1,000,000 per accident.
d. If Contractor is or employs a licensed professional such as an architect or
engineer: Professional liability (errors and omissions) insurance, with a combined
single limit of not less than $1,000,000 per claim with $2,000,000 in the
aggregate.
e. The following requirements apply to the insurance to be provided by Contractor
pursuant to this section:
(i) Contractor shall maintain all insurance required above in full force and
effect for the entire period covered by this Agreement.
(ii) Certificates of insurance shall be furnished to the City upon execution of
this Agreement and shall be approved by the City.
(iii) Certificates and policies shall state that the policies shall not be cancelled
or reduced in coverage or changed in any other material aspect, by
consultant, without thirty (30) days prior written notice to the City.
(iv) Contractor shall supply City with a fully executed additional insured
endorsement.
If Contractor fails or refuses to produce or maintain the insurance required by this
section or fails or refuses to furnish the City with required proof that insurance
has been procured and is in force and paid for, the City shall have the right, at the
City's election, to forthwith terminate this Agreement. Such termination shall not
affect Contractor's right to be paid for its time and materials expended prior to
notification of termination. Contractor waives the right to receive compensation
and agrees to indemnify the City for any work performed prior to approval of
insurance by the City.
Page 3 of 8
7. INDEMNIFICATION
Contractor agrees to and shall indemnify and hold harmless the City, its officers, agents,
employees, consultants, special counsel, and representatives from liability: (1) for personal
injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims
for personal injury, including death, and claims for property damage, which may arise from the
negligent operations of the Contractor or its contractors, subcontractors, agents, employees, or
other persons acting on their behalf which relates to the services described in section I of this
Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution,
judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement.
This indemnity and hold harmless agreement applies to all claims for damages, just
compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered,
by reason of the events referred to in this Section or by reason of the terms of, or effects, arising
from this Agreement. The Contractor further agrees to indemnify, hold harmless, and pay all
costs for the defense of the City, including fees and costs for special counsel to be selected by the
City, regarding any action by a third party challenging the validity of this Agreement, or
asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief
due to personal or property rights arises by reason of the terms of, or effects arising from this
Agreement. City may make all reasonable decisions with respect to its representation in any
legal proceeding. Notwithstanding the foregoing, to the extent Contractor's services are subject
to Civil Code §2782.8, the above indemnity shall be limited, to the extent required by Civil Code
§2782.8, to claims that arise of, pertain to, or relate to the negligence, recklessness, or wiliful
misconduct of the Consultant.
8. RECORDS
Contractor shall keep records and invoices in connection with the work to be performed
under this Agreement. Contractor 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 Contractor under this Agreement. All such records and
invoices shall be clearly identifiable. Contractor 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 liours. Contractor 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 Contractor under this Agreement.
9. CONFIDENTIALITY
If Contractor receives from the City information which due to the nature of such
information is reasonably understood to be confidential and/or proprietary, Contractor 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
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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 Contractor disclosed in a publicly available source; (c) is in rightful possession of the
Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of
law; or (e) is independently developed by the Contractor without reference to information
disclosed by the City.
10. CONFLICT OF INTEREST CLAUSE
Contractor 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.
11. 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 fax or other telegraphic communication in
the manner provided in this Section, to the following persons:
To City: Cleric of the Council
City of Santa Ana
20 Civic Center Plaza (M-30)
Santa Ana, CA 92701
Fax 714-647-6956
With courtesy copies to:
Executive Director
Community Development
City of Santa Ana
20 Civic Center Plaza (M-25)
P.O. Box 1988
Santa Ana, CA 92702
Fax 714-647-6549
And City Attorney
City of Santa Ana
20 Civic Center Plaza (M-29)
P.Q. Box 1988
Santa Ana, CA 92702
Fax (714) 647-6515
Page 5 of 8
To Contractor:
Anaheim Transportation Network
1354 So. Anaheim Boulevard
Anaheim, CA 92805
(714)663-0261
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 fax, 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.
12. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and
Contractor, and supersedes any and all other agreements, oral or written, between the parties. In
the event of a conflict between the terms of this Agreement and any attachments hereto, the
terms of this Agreement shall prevail. This Agreement may not be modified except by written
instrument signed by the City and by an authorized representative of Contractor. The parties
agree that any terms or conditions of any purchase order or other instrument that are inconsistent
with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor or
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.
13. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Contractor,
Contractor 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.
14. TERMINATION
This Agreement may be terminated by the City upon thirty (3 0) days written notice of
termination. In such event, Contractor shall be entitled to receive and the City shall pay
Contractor compensation for all services performed by Contractor prior to receipt of such notice
of termination, subject to the following conditions:
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a. As a condition of such payment, the Executive Director may require Contractor to
deliver to the City all work product completed as of such date, and in such case
such work product shall be the property of the City unless prohibited by law, and
Contractor consents to the City's use thereof for such purposes as the City deems
appropriate.
b. Payment need not be made for work which fails to meet the standard of
performance specified in the Recitals of this Agreement.
15. DISCRIMINATION
Contractor shall not discriminate because of race, color, creed, religion, sex, marital
status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited
by applicable law, in the recruitment, selection, training, utilization, promotion, termination or
other employment related activities. Contractor affirms that it is an equat_ opportunity employer.____ _..._
and shall comply with all applicable federal, state and local laws and regulations in this
Agreement.
16. JURISDICTION - 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.
17, PROFESSIONAL LICENSES
Contractor shall, throughout the term of this Agreement, maintain all necessary licenses,
permits, approvals, waivers, and exemptions necessary for the provision of the services
hereunder and required by the laws and regulations of the United States, the State of California,
the City of Santa Ana and all other govermnental agencies. Contractor shall notify the City
immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals,
waivers, and exemptions. Said inability shall be cause for termination of this Agreement.
18, MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature herein below has the
power, authority and right to bind their respective parties to each of the terms of
this Agreement, and shall indemnify City fully, including reasonable costs and
attorney's fees, for any injuries or damages to City in the event that such authority
or power is not, in fact, held by the signatory or is withdrawn.
b. All exhibits referenced herein and attached hereto shall be incorporated as if fully
set forth in the body of this Agreement.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement the clate and year
first above written.
CITY OF SANTA ANA
ATTEST:
MARIA D. HUIZAR
Clerk of the Council
APPROVED AS TO FORM:
Sonia R. Carvallio
City
M
WMMEE FO APPROVAL:
Executive Direc H -
Community Development
DAVID CAVAZOS
City Manager
Fay:
Tax ID# _ 3 ? C) 2Z
Page 8 of 8
EXHIBIT A
SCOPE OF WORK
Anaheim Transportation Network
Transportation Services to the City of Santa Ana
Section 1 ART Roles and Responsibilities
The Anaheim Transportation Network (AR1 shall provide public transportation service, known as,
Anaheim Resort Transportation (ART) between Anaheim Activity Centers located in the City of Anaheim
to the location and schedule as provided In Attachment 1.
The ART service to be provided by the ATN to locations within the City of Santa Ana is not a dedicated
service but Is part of a shared route.
A schedule of operations including the Santa Ana stops will be Included In the ART system beginning April
10, 2016
The ART shall provide one (1) 32 -foot clean fuel bus to service the Santa Ana. ART bus operating for Santa
Ana shall display appropriate route designation signage, Le, Santa Ana Line, or other designation signage
as agreed upon by all Parties.
ATN shall coordinate all ART related marketing, advertising, and public awareness activities and provide
Santa Ana -with the appropriate collateral and other materials for the implementation of the above
mentioned activitles. Joint approval of the creative design for the ART System Map, and other collateral
materials, as related to the messaging and communication specific for the service for Santa Ana, shall be
necessary in writing.
Section 2 Santa Ana Roles and Responsibilities
City of Santa Ana shall pay $13,500 for ART service according to the terms and conditions outlined in this
Scope of Work
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ARD® CERTIFICATE OF LIABILITY INSURANCE
DA05/24/16 )
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(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 endorsement(s).
PRODUCER
Alliant Insurance Sewices, Inc.
1301 Dove St., Suite 200
CONTACT
NAME:
PHONE:PHS ONE:
! ac. No:
E.MAILAOORESS:
Newport Beach, CA 92660
949-756-0271• Fax 949-756-2713• License No. 0036861"PRoouden(_.—�
-- — ""'—'-"--
CUOTOMERION_..____.__.�_...-..
INSURED: SPECIAL LIABILITY INSURANCE PROGRAM(SLIP)MEMBER:
INSURERS) AFFORDING COVERAGE
NAIC#
ANAHEIM TRANSPORTATION NETWORK DBA ANAHEIM RESORT
INSURERA: ASSOCIATED INDUSTRIES INSURANCE CO.
23140
TRANSIT; ATN ASSET HOLDING COMPANY, LLC
INSURER B:
1354 S. ANAHEIM BLVD.
ANAHEIM, CA 92805
INSURER C:
$1,000,000
_
INSURER D:
N/A
INSURER E:
INSURER F:
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.
IOLICY
LTR
TYPE OF INSURANCE
IASR
wo
POLCVNUMBER
EFF
(MM/DDM')
POLICY EXP
(MMIDOM')
LIMITS
A
GENERAL LIABILITY
X
PAC 100008204
09/29/15
09/29/16
EACH OCCURRENCE
$1,000,000
GENERrr--A----L--L--I5ABILITY
CLAMEMADE [i] OCCUR
i=(:L1MaDEDl
..._.._.....—_-__---DA ET RENTEDMERCIAL
PREMISES 'Ea Occurrence)
$1,000,000
MED EXP (AOy ane person)
N/A
$1000 DED
PERSONAL&ADV INJURY
10000_00
GEN'L AGGREGATE LIMIT APPLIES PER:
GENERAL AGGREGATE
NA`
_
POLICY F7 PRO' F7 LOC
PRODUCTS-COMP/OPAGG.
$1,000,000
A
AUTOMOBILE
LIABILITY
PAC 1000082 04
09/29/15
09/29/16
COMBINED SINGLE LIMIT
Ea Accident
$1,000,000_
X
BODILY I NJURY( Per person)
ANY AUTO
BODILY INJURY (Per accident)
ALL OWNED AUTOS
SCHEDULED AUTOS
PROPERTYDAMAGE a
UNINSURED MOTORIST
$1,000,000
X
HIRED AUTOS
X
NON -OWNED AUTOS
AUTO DED: $5,000 DED
UMBRELLA LIAR OccUR
EACH OCCURRENCE
AGGREGATE
EXCESS LIAD CLAIMS
DEDUCTIBLE
RETENTION
WORKERS COMPENSATION
WC srATU. OTH
AND EMPLOYERS LIABILITY
rosy uMlTs ER
ANY PROPRIETORY/PARTNER/ E%ECOTIVE
OFFICER/MEMBER EXCWDEDi
N/A
E. L. EACH ACCIDENT
E.L. DISEASE - EA EMPLOYEE
(MANDATORY IN No IF YES, DESCRIBE
UNDER DESCRIPTION OF OPERATION$ BELOW
E.L. DISEASE -POLICY LIMIT
DESCRIPTION OF OPERATIONSILOCATIONSNEHICLES (Atill A -ad 191, naaitiowl Remark. Bchednlee, H more space is mqulred)
"POLICY FORM DOES NOT CONTAIN A GENERAL LIABILITY AGGREGATE
AS RESPECTS TRANSIT AGREEMENT FOR SERVICES FROM THE ANAHEIM RESORT AREA TO THE CITY OF SANTA ANA. THE CITY OF SANTA ANA, ITS OFFICERS, EMPLOYEES AGENTS,
VOLUNTEERS AND REPRESENTATIVES SHALL BE NAMED AS ADDITIONAL INSURED, ADDITIONAL INSURED ENDORSEMENT ATTACHED. SUBJECT TO POLICY TERMS, CON)ITIOIQS AND
EXCLUSIONS. �1 (/jI
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/
CERTIFICATE HOLDER CANCELLATION
CITY OF SANTA ANA
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
ATTN: CLERK OF THE COUNCIL
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
20 CIVIC CENTER PLAZA (M-30)
ACCORDANCE WITH THE POLICY PROVISIONS.
SANTA ANA, CA 92701
AUTHORIZED REPRES TATIV�
gCOR025( ) ACORO name and logo em re,[Mm dmark. of ACORD 82808 ADDED CORPORATION. All righ% reserved.
AGENCY CUSTOMER ID:
LOC #:
ACORD® ADDITIONAL REMARKS SCHEDULE Page 2 of 3
AGENCY
NAMED INSURED: SPECIAL LIABILITY INSURANCE PROGRAM (SLIP) MEMBER:
ALLIANT INSURANCE SERVICES, INC.
ANAHEIM TRANSPORTATION NETWORK DBA ANAHEIM RESORT
TRANSIT; ATN ASSET HOLDING COMPANY, LLC
POLICY NUMBER
PAC 1000082 04
1354 S. ANAHEIM BLVD.
ANAHEIM, CA 92805
CARRIER
NA IC 000E
ASSOCIATED INDUSTRIES INSURANCE CO.
23140
EFFECTIVE DATE: 09/29/15
ADDITIONAL REMARKS
THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM,
FORM NUMBER: ACORD 25(2009/09) FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE
Notice of cancellation will be delivered only to the participating named insured as stated in Item 1 of the Participation
Endorsement,
The Company may cancel the coverage by mailing to the first Participating Named Insured at the address shown in the participation
endorsement written notice stating when, not less than sixty (60) days thereafter, such cancellation shall be effective. Provided that the
Participating Named Insured fails to discharge, when due, any of its obligations in connection with the payment of premium for the policy or
any installment thereof, the coverage may be canceled by the Company by mailing to the Participating Named Insured at the address
shown in the participation endorsement, written notice stating when, not less than ten (10) days thereafter, such cancellation shall be
effective.
/Rp
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
Additional Insured - Designated Person or Organization
This endorsement modifies insurance provided under the following:
SPECIAL LIABILITY POLICY FOR PUBLIC ENTITIES AND NON-PROFIT
CORPORATIONS
Name of Person or
Any person or entity that the "Named Insured" has entered into a written agreement, prior to a
loss, to provide defense, indemnity or additional insured protection.
The following is added to Section V. PERSONS OR ENTITIES INSURED:
Any person(s) or organization(s) listed in the Schedule above is an Additional Insured, but only
as respects "Bodily Injury" and "Property Damage" arising, in whole or in part, out of the
operations of the Named Insured. The inclusion of such Additional Insured shall not serve to
increase the "Company's" Limit of Liability as specified in the participation endorsement of this
Policy:
However, additional insured coverage provided by this insurance will not be broader than
coverage required in the written agreement.
3�3
Includes copyrighted material of ISO Properties, Inc., 2004 with Page 1 of 1
its permission