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HomeMy WebLinkAboutMETROPCS CALIFORNIA, LLC (4) - 2017City of Santa Ana Clerk of the Council AGREEMENT TERMINATION FORM Please complete this form in its entirety when the attached agreement anloi amendments (if any) are no longer in effect. Lti� Note: If your agreement is grant related, please ensure that all grant retention requirements CI T have been satisfied prior to signing the termination form. CL Is the agreement(s) a permanent record? Yes No Return form to the Clerk of the Council Office (M-30). Call 647-1520 if you have any questions. COTC Office Use Only -6 PM LI: 23 SANTA ANA OF COUNCIL The agreement with KA AD P�L 0ul A 1 ex-r [A t LA-0, No. N-2017.180 was completed on ] and final payment has been made. (List all amendments. Use space below if needed.) C !1 Department: PRC�A Phone/Ext.: 421Ok Signature: I t/1�" ��vu✓ �i�,— Date: gllelaon Revised: 10-18-16 DocuSign Envelope ID: E5C098A0-7630-444A-9134-F61D314E61C9 N.2017"'1ST INSURANCE ON FILE WORK MAY PROCEED 4�)tIL INSURANCE EXPIRES 5—d — t d'_ _ SPONSORSHIP AGREEMENT WITH METRO PCS CLERK OF COUNCIL �SF 14 M17 FOR FIESTAS PATRIAS 2017 DATE: O: PRCS (/) THIS SPONSORSHIP AGREEMENT is made and entered into as of September 6, 2017 Silvia Cuel(�%nd'between MetroPCS California, LLC ("Sponsor"), 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 is producing its annual Fiestas Patrias event in Downtown Santa Ana on September 16 and 17, 2017 ("Event's and desires to retain sponsors for the Event. B. Sponsor represents that it is able and willing to provide sponsorship for the Event. C. In undertaking the performance of this Agreement, Sponsor represents that it is knowledgeable in its field and that any activities conducted by Sponsor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional firm in such 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. SPONSOR BENEFITS In exchange for the sum specified in Section 2 below, Sponsor shall be entitled to the benefits at the Event as described on Exhibit A. Sponsor grants to City the right to use Sponsor's trademark(s), trade name(s), logo designs and company descriptions as prepared and delivered to City by Sponsor in any medium of advertising, marketing materials, and/or promotional goods distributed in conjunction with the Event and in accordance with Sponsor's usage guidelines. Sponsor logo is due to City on September 7, 2017. 2. SPONSORSHIP FEE For its participation as a Sponsor for the Event, Sponsor shall pay to the City a sponsorship fee of Five "Thousand Dollars ($5,000.00). The sponsorship fee and sponsor logo is due and payable by Sponsor to City no later than September 15, 2017. Failure to provide the sponsor logo or to pay the fee by the date specified will be grounds for the City to terminate the Agreement. 3. TERM This Agreement shall commence on the date stated above continue through the last day of the Event, unless terminated as otherwise provided in this Agreement. 4. INDEPENDENT CONTRACTOR Sponsor shall, during the entire tern 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 Sponsor performs the Page I of 7 Fiestas Patdas 4.6.2017 DocuSign Envelope ID; E5C098A0-7630-444A-9134-F61D314E61C9 services which are the subject matter of this Agreement; however, the services to be provided by Sponsor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Sponsor 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. S. INSURANCE During the term of this Agreement, Sponsor shall maintain and shall require its subcontractors or agents, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Sponsor shalll maintain commercial general liability insurance which 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 Sponsor's operations in the performance of this Agreement, including, without limitation. 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) include the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary and non-contributory with respect to insurance or self-insurance programs maintained by the City with respect to the negligent acts of Sponsor; and (c) contain standard separation of insureds provisions. 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 California state law, Sponsor, if Sponsor 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, Sponsor agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. The following requirements apply to the insurance to be provided by Sponsor pursuant to this section: (i) Sponsor shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City. (iii) Policies shall provide that the policies shall not be canceled thirty (3 0) days prior written notice to the City. e. If Sponsor 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. Page 2 of 7 Fiestas Patrias 9.6.2017 DocuSign Envelope ID: E5C098A0-7630-444A-9134-F61D314E61C9 6. INDEMNIFICATION To the fullest extent permitted by law, Sponsor shall indemnify, defend and hold harmless City, its officers, agents and employees (collectively, the "indemnified parties") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a claim; collectively, "claims"), which may arise from or in any manner are related to the negligent and/or willful acts, errors and/or omissions at or in connection with the Event of Sponsor, its principals, officers, agents, employees, vendors, suppliers, contractors, subcontractors, anyone employed directly or indirectly by any of them. Notwithstanding the foregoing, nothing herein shall be construed to require Sponsor to indemnify the indemnified parties from any claim arising from the sole negligence or willful misconduct of the indemnified parties. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Sponsor. CONFIDENTIALITY If Sponsor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Sponsor 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 Sponsor disclosed in a publicly available source; (c) is in rightful possession of the Sponsor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Sponsor without reference to information disclosed by the City. S. CONFLICT OF INTEREST CLAUSE Sponsor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 9. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall 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, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Page 3 of 7 Fiestas Patrias 9.6.2017 DocuSign Envelope ID: E5C098A0-7630-444A-9134-F61D314E61C9 Copies to: Parks, Recreation & Colmnutaity Services Agency City of Santa Ana 20 Civic Center Plaza (M-75) Santa Ana, California 92702 Fax: 714-571-4221 and City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 Fax: 714-647-6515 To Sponsor: METROPCS CALIFORNIA, LLC M -LA Office 880 S. Figueroa St, Suite 1400 Los Angeles, CA 90017 and MetroPCS Business Unit 2250 Lakeside Boulevard Richardson, TX 75082 Attn: Legal Department 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. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 10. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Sponsor 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 terns 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 Sponsor. 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 Sponsor 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. 11. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Sponsor, Sponsor may not assign, transfer, delegate, or subcontract any interest herein without the prior Page 4 of 7 Fiestas Patrias 9.6.2017 DocuSign Envelope ID: E5C098AO-7630-444A-9134-F6l D314E61 C9 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 Sponsors retained by City. 12. CANCELLLATION OR TERMINATION If, because of war, fire, strike, civil strife, government regulation, natural catastrophe, an act of terrorism or public enemy, an act of God, or any reason beyond the reasonable control of City, the Event or any part thereof is prevented from being held or is cancelled by City, City, in its sole discretion, shall determine and refund to the Sponsor its proportionate share of the balance of the aggregate sponsor fees received that remain after deducting expenses incurred by City and reasonable compensation to City. In no case shall the amount of the refund to the Sponsor exceed the amount of the fee paid. City reserves the right to cancel any portion of the Event as it deems necessary and appropriate. Cancellation by the Sponsor will be accepted only in writing. In the event of cancellation by Sponsor, Sponsor will remain obligated for 100% of the sponsorship fee, and City will retain the right to seek and retain an alternate sponsor in City's sole discretion. 13. NON-DISCRIMINATION Sponsor 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. Sponsor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 15. PROFESSIONAL LICENSES Sponsor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions applicable to Sponsor's participation in the Event and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Sponsor 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. 16. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature below has the power, authority and right to bind their respective parties to each of the terms of this Agreement. Page 5 of 7 Fiestas Fatties 9.6.2017 DocuSign Envelope ID: E5C096A0.7630-444A-9134-F6lD314E61 C9 b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Sponsorship Agreement the date and year first above written. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: JrNK ssistant City Attorney RECOMMENDED FOR APPROVAL Gerardo Monet, Exeeutide Director Parks, Recreation, and Community Services Testas Patrias 9.6.2017 CITY OF SANTA ANA Interim Cify Manager SPONSOR METROPCS CALIFORNIA, LLC ooeeftme by - Name: Stephen Gerevas Title: 8M -VP Regional GM Page 6 of 7 DocuSign Envelope ID: E5C098A0-7630-444A-9134-F6l D314E6l C9 EXHIBIT A FIESTAS PATRIAS 2017 September 16-17, 2017 Sponsor Benefits for METROPCS CALIFORNIA LLC Sponsorship Package (Custom) $5,000.00 Option B MetroPCS will receive two (2) 10'x 10' spaces at the Event for MetroPCS to engage in promotion of its goods and services, together with admission to the Event for a reasonable number of MetroPCS employees or agents to staff the area. MetroPCS may brand the area with MetroPCS banners, charging stations, and other displays, One such space shall be supplied with one (1) chair, and the other space shall be supplied with two (2) chairs. Page 7 of 7 Fiestas Patrias 9.6.2017 ACORD® CERTIFICATE OF LIABILITY INSURANCE 111 5/1/2018 DATE(MMIDONYYYI 9/7/2017 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 have ADDITIONAL INSURED provisions or 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 Hart of such endorsement(s). PRODUCER LOckton Companies Three City Place Drive, Suite 900 St. Louis MO 63141-7081 (314) 432-0500 CONTACT PHONE FAX E AIC No E-MAIL ADDRESS: '�. COMMERCIAL GENERRAAL LIABILITY Y I N RGD5000259-06 INSURERS AFFORDING COVERAGE MAIC# INSURER A: XL Insurance America Inc. 24554 INSURED T -Mobile US, Inc. 1359691 Its Subsidiaries and Affiliates INSURER B: Greenwich Insurance Company 22322 INSURER C: National Union Fire Ins Co Pitts. PA 19445 12920 SE 38th Street Bellevue WA 98006 INSURER D: MED EXP (Any one person) $ 5,000 INSURER E: INSURER F: COVERAGES TMOBI CERTIFICATE NUMBER: 14936216 REVISION NUMBER: XXXXXXX THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL.SUBR POLICY NUMBER j POLICY EFF , MMIDDn POLICY EXP MMIDDNYYV LIMITS B X '�. COMMERCIAL GENERRAAL LIABILITY Y I N RGD5000259-06 5/1/2017 5/1/2018 EACH OCCURRENCETo $ 1,000,000 PREMISES (Ea occurrence $ 1,000,000 CLAIMS-MADE$'.00CUR MED EXP (Any one person) $ 5,000 PERSONAL &ADV INJURY $ 1,000,000 AGGREGATE LIMIT APPLI ES PER: GENERAL AGGREGATE $ 2000000 GEN'L POLICY [:]JECT ❑X LOC PRODUCTS - COMP/OP AGO $ 2,000,000 $ OTHER: B AUTOMOBILE LIABILITY N N RAD5000257-06 5/1/2017 5/1/2018 E MSINEDdentSINGLE LIMIT $ 2 000 000 BODILY INJURY (Per person) $ XXXXXXX ANY AUTO I OWNED SCHEDULED AUTOS ONLY AUTOS HIRED NON -OWNED AUTOS ONLY AUTOS ONLY BODILY INJURY Per accident $ ( ) xxxxxXX _ `. PROPERTY DAMAGE $ XXXXXXX LPeraccitlent)__._ i_ $XXXXXXX C X UMBRELLA LIAR �' OCCUR N N 28189156 5/1/2017 5/1/2018 EACH OCCURRENCE $5000000 C C excess uAB CLAIMS -MADE SIR applies per policy terms &conditions AGGREGATE $ 5,000,000 DED X RETENTION$ 25,000 _ 1 $ XXXXXXX A `4 WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE YIN OFFICER/MEMBER EXCLUDED? (Mandatory in NH) NIA 1�T RWR5000301-05 AOS RWR5000302-OS WI 5/1/2017 5/1/2017 5/1/201$ �5/I/2018 X STATUTE EORH___ E.L_EACHACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 If yyes, tleson a under DESCRIPTIONOFOPERATIONSbelow E. L. DISEASE -POLICY LIMIT $ 1,000.000 �ate< DESCRIPTION OF OPERATIONS I LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space Is mqulmd) **SEE ATTACI-IED ENDORSEMENTS** RE: FIESTAS PATRIAS EVENT, CITY OF SANTA ANA IS ADDITIONAL INSURED ON A PRI' AND NON-CONTRIBUTORY BASIS UNDER GENERAL LIABILITY AS REQUIRED BY WRITTEN CONTRACT. ck �J CERTIFICATE HOLDER CANCELLATION See Attachments Y ' 14936216 CITY OF SANTA ANA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE AT•IN: SONIA BATRES THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 20 CIVIC CENTER PLAZA PO BOX 1988 SANTA ANA CA 92702 AUTHORIZED REPRESENTATI r ACORD 25 (2016103) ©1988.2rri ACORD CORPORATISM. All rights reserved. The ACORD name and logo are registered marks of ACORD ENDORSEMENT This endorsement, effective 12:01 a.m., May 1, 2017 forms a part of Policy No. RGD5000259-06 issued to T -MOBILE US, INC. by Greenwich Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY WASHINGTON -CANCELLATION NOTIFICATION TO OTHERS ENDORSEMENT In the event coverage is cancelled for any statutorily permitted reason, other than nonpayment of premium, advanced written notice will be mailed or delivered to person(s) or entity(les) according to the notification schedule shown below: Name of Person(s) or Entity(ies): Per the most current schedule Of Certificate Holders maintained by Lockton Companies and furnished to XL Insurance on a monthly basis Mailing Address: Number of Days Advanced Notice of Cancellation: In the event of cancellation for nonpayment of premium, ten (10) days notice will be given. All other terms and conditions of the Policy remain unchanged. IXI 405 -WA 1210 Q�G Miscellaneous Attachment: M481510 Master ID: 1359691, Certificate ID: 14936216 ENDORSEMENT This endorsement, effective 12:01 a.m., May 1, 2017 forms a part of Policy No. RAD5000257-06 issued to T -MOBILE US, INC. by Greenwich Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY WASHINGTON - CANCELLATION NOTIFICATION TO OTHERS ENDORSEMENT In the event coverage is cancelled for any statutorily permitted reason, other than nonpayment of premium, advanced written notice will be mailed or delivered to person(s) or entity(s) according to the notification schedule shown below: Name of Person(s) or Entity(ies): Per the most current schedule Of Certificate Holders maintained by Lockton Companies and furnished to XL Insurance on a monthly basis Mailing Address: Number of Days Advanced Notice of Cancellation: In the event of cancellation for nonpayment of premium, ten (10) days notice will be given. All other terms and conditions of the Policy remain unchanged. IXI 405 -WA 1210 Miscellaneous Attachment: M481533 Master ID: 1359691, Certificate 1D: 14936216 30 ENDORSEMENT This endorsement, effective 12:01 a.m., May 1, 2017 forms a part of Policy No. RGD6000259-06 issued to T -MOBILE US, INC. by Greenwich Insurance Company THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY ADDITIONAL INSURED - WHERE REQUIRED UNDER CONTRACT OR AGREEMENT This endorsement modifies insurance provided under all coverage parts COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/ COMPLETED OPERATIONS LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE FORM RAILROAD PROTECTIVE LIABILITY COVERAGE FORM Section II - WHO IS AN INSURED is amended to include as an Insured any person or organization for whom you have agreed under written contract or agreement to provide Insurance. However, the insurance provided shall not exceed the scope of coverage and/or limits of this policy. Notwithstanding the foregoing sentence, in no event shall the insurance provided exceed the scope of coverage and/or limits required by said contract or agreement. All other terms and conditions remain the same. Miscellaneous Attachment: M481.507 Certificate ID : 12325146 ENDORSEMENT This endorsement, effective 12:01 a.m., May 1, 2017 , forms a part of Policy No. RGD5000259-06 issued to T -MOBILE US, INC. by Greenwich Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY PRIMARY INSURANCE CLAUSE ENDORSEMENT This endorsement modifies insurance provided under the following:. COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/ COMPLETED OPERATIONS COVERAGE PART It is agreed that to the extent that insurance is afforded to any Additional Insured under this policy, this Insurance shall apply as primary and not contributing with any insurance carried by such Additional Insured, as required by written contract. All other terms and conditions of this policy remain unchanged. Miscellaneous Attachment: M481509 Certificate ID: 12325146 POLICY NUMBER:RGD6000259-06 COMMERCIAL GENERAL LIABILITY CG 2012 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - STATE OR GOVERNMENTAL AGENCY OR SUBDIVISION OR POLITICAL SUBDIVISION - PERMITS OR AUTHORIZATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE (revised) State Or Governmental Agency Or Subdivision Or Political Subdivision: Any State or Political Subdivision you have agreed to include as an additional insured underwritten contract, permit application, statute or agreement, provided such contract or agreement was executed prior to date of loss. A. Section II - Who Is An Insured is amended to include as an additional insured any state or governmental agency or subdivision or political subdivision shown in the Schedule, subject to the following provisions: 1. This insurance applies only with respect to operations performed by you or on your behalf for which the state or governmental agency or subdivision or political subdivision has issued a permit or authorization. However: a. The insurance afforded to such additional insured only applies to the extent permitted by law; and b. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or a reement to provide for such additional 0 .yes l Uvi/ CG 20 12 04 13 X':P Miscellaneous Attachrnent : M512 Certificate 11) : 12325146 2. This insurance does not apply to: a. "Bodily injury', "property damage" or "personal and advertising injury" arising out of operations performed for the federal government, state or municipality; or b. 'Bodily injury" or "property damage" included within the "products-comploted operations hazard". B. With respect to the insurance afforded to these additional insureds, the following is added to Section III - Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of ® Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. Page 1 of 1 Miscellaneous Attachment: M512768 Certificate ID : 12325146 Cuevas, Silvia From: Rodriguez, Iris <IRODRIGUEZI@metropcs.com> Sent: Thursday, September 08, 2016 2:59 PM To: Cuevas, Silvia,, Funk, John Cc: Sandoval, William; Batres, Sonia; Jurado, Jeannie Subject: RE: Metro PCS - Fiestas 2016 -- Additional Insured Endorsement Missing The COI states: T -mobile US, it's affiliates and subsidiaries. Jris Rodriguez 16ktroPCS 888 S. Figueroa St, Suite 1400 Los Angeles, CA 90017 714-730-3297