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HomeMy WebLinkAboutSHIFT DESIGN FORMERLY (WE ARE WHAT WE DO) (2)City of Sant, 0,na "+r Clerk of the Cuuncil AGREEMENT TERMINATION FORM _ .................. .....__............ .....------- ..__.... _........ _, COTC Office Use Only 2VI Flo (---- ... .. .---------- Please complete this form when the attached agreement and all CITY Or , ,; I amendments (if any) are no longer in effect. CLERK �, `r `' �TA ANA UNCIL Return form to the Clerk of the Council Office (M-30). Call 647-6520 if you have any questions. i The agreement with S vA A No. 09 was completed on C and final payment has been made. (List all amendments. Use space below if needed.) 14-j�-G )S CX114-CG Revised 08-23-10 Department: � �;� / Li L1>"il.",1t Phone/Ext.:-, Signature: _ jt "Ln'cc c.t,i/VN-) Date: <-�24Ldz INSURANCE NOT ON FILE MAYOR WORK MAY �'yN POTn/PROiCEE MAYOIPRO RTEM CLERK I,tAOe/,tJ.L�161dtr�� Michele Martinez DATE- JI'" LL tl�� LL ull COUNCILMEMBERS P. David Benavides Vicente Sarmiento Jose Solrlo Sal Tinaiero Juan Alleges September 5, 2017 Shift Design, Inc. Attn: Jon Voss 2717 Harrison Street San Francisco, CA 94110 CITY OF SANTA ANA OFFICE OF THE CITY ATTORNEY 20 Civic Center Plaza, M29 • P.O. Box 1988 Santa Ana, California 92702 714.647.5201 • Fax 714-647-6515 www.santa-ana.ora Re: "Consultant Agreement" Extension Dear Mr. Voss: A-2015-004-01 INTERIM CITY MANAGER Cynthia J. Kurtz CITY ATTORNEY Sonia R. Carvalho CLERK OF THE COUNCIL Marla D. Huizar In accordance with the terms and conditions of the 2014 Federal Institute of Museum and Library Services (IMLS) National Leadership Grant Program, the City of Santa Ana received approval for a no -cost extension from the IMLS to extend the award dates for the Grant, Pursuant to Section 3 ("Term") of Agreement No. A-2015-004 entered into by Shift Design, Inc. (f/k/a Shift Design performing services for the project entitled, "We are What We Do") and the City of Santa Ana, dated December 1, 2014, the time period of said Agreement is hereby extended for an additional one (1) year period from October 1, 2017 to September 30, 2018. The insurance certificates are required to be extended and/or renewed to cover this extension. All other terms and conditions of said Agreement remain unchanged and in full force and effect. Please review, sign, and return this extension letter indicating your agreement. If you have any questions regarding this matter, please contact Francisco Arroyo in the Parks, Recreation and Community Services Agency at 714-571-4218. Sincerely, h CI OF SANT N Cynthia J. Kurtz Interim City Manager [Signatures continued on next page] ATTEST: Maria D. Huizar Clerk of the Council Signature Page — Extension Letter With Shift Design, Inc. APPROVED AS TO FORM: Sonia R. Carvalho City Attorney C;1..c1A • Ruga. Laura A. Rossini Senior Assistant City Attorney CONSULTANT SHIFT DESIGN, INC. VL ivooss istorypin Strategic Partnerships Director RECOMMENDED FOR APPROVAL: Gerardo A. Mouet Executive Director, Parks, Recreation and Community Services Agency SANTA ANA CITY COUNCIL Miguel A. Pulido Michele Maninu Vicente Sarnlenlo Jose Snead. P. David BenaWdes Juan Villages Sal Tne Mayor Mayor Pro Tern, Ward 2 Wam1 Ward Want Ward Ward noclido(Asane-ana,or nln2rllneZ0015anla-andera mrni todisonla-90n W0 j5oledn(Oieanla-ana.eln dhenaVldee®saela-ana,or IVIgePa6(D15anla-dneArn stinamhuraa sen CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDONM) 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 BELCIIIIii 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 confor rights to the certificate holder in lieu of such endorsement(s). EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS PRODUCER __POLrdvei LTR TYPEOFINSURANCE WyD POLICY NUMBER vSwoigf=L ini" I CONTACT NAME, Della Januar Barbary insurance Brokerage EACH OCCURRENCE $1,000,000 ........ .. .... . .. .. .. .... PHONE 415-788-4700 FAX -4701 UAE0ke,tea._. 230 California Street, Suite 700 San Francisco CA 94111 CLAIMS -i X OCCUR . .. . .................................. ................................ .... _(1B1CN,t;415-789 _.... .. ..... E40AL Della @bart)aryinsurance.com ADRESS: -I— -1_111 11 11 " I I'll i Ir I MED EXP (Any con, person) $20,000 INSUFERi AFFORDING COVERAGE Nmc A PERSONAL & AOV INJURY $1,000,000 qEN'L AGGi LIMIT APPLIES PER: e;BvRERA:NonprorS Ins Alliance of CA 524126 INSURED VVEARE-1 _.q100 PRODUCTS - COMPIOP AGO $?000000 INISURER.B.North Amencan"Elfte Shift Design, Inc, AUTOMOBILE LIABILITY ANY AUTO INSURERC: 2655 Harrison Street ocicy INJURY (Pe- r accident) 5 . ..... . San Francisco CA 94110-'YINSURERD: .......... . . ...... ...... .. ..... ..... ............... INSURER E: COVERAGES CERTIFICATE NUMBER: 201000064 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PEEtlob 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 __POLrdvei LTR TYPEOFINSURANCE WyD POLICY NUMBER vSwoigf=L ini" I LIMITS _ASa A X COMMERCIALGENERALLIAGOLTY Y 201642084-i 1213.120I8 12/3/2017 EACH OCCURRENCE $1,000,000 CLAIMS -i X OCCUR MED EXP (Any con, person) $20,000 PERSONAL & AOV INJURY $1,000,000 qEN'L AGGi LIMIT APPLIES PER: GCNERALAGGREGATE$ 0 000 X POLICY PRO� JECT LOC _.q100 PRODUCTS - COMPIOP AGO $?000000 OTHER, Liquor Liability $1,000.000 AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIM17—S _SEalmudent) _ _ ...... .. . . . ...... .. ....... ... ........ BODILY INJURY (Per person) $ AbiIXi SCHEDULED A85 AUTOS ED ocicy INJURY (Pe- r accident) 5 HIRED AUTOSAUTOS PROPERTYDAMAGE UMBRELLA LIAR OCCUR EACH OCCURRENCE S EXCESS i CILAiMS-MADE AGGREGATE S ---- . . . . . ............. . ... ... DICO WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN PER 0 ANY PROPRIETOR,rPARTNEREXEGU71VE ELEkCH ACCIDENT S OFOCER/MEMi EXCLUDED? NIA (Mandatory In i E DISEASE -EA EMPLOYEE a deswilartutod.r 2rEM6 gjal1oT[ON OF OPERATIONS below„__,_,_____ EL DISEASE -POLICY LIMIT S Commercial Property 201$,42084 -PROP 1213!2016 12/312017 BPP Limit $10,000 DESCRIPTION OF OPERATIONS I LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may he encased i upset Is required) The City of Santa Ana, its officers, employees, agents, and representative are named as additional insured per endorsement CG20370704r With respect to claims arising out of the operations and uses performed by or on behalf of the named insured, such insurance is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insured. City of Santa Ana 20 Givic Center Plaza Santa Ana CA 92701 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. ACORD 29 (2014/01) The ACORD name and logo are registered marks of ACORD NONPROFITS INSURANCE ■ ALLIANCE OF CAUFORNIA A Head far Insurance. A Hear! for Nonprofits. POLICY NUMBER: 2016-42064 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED PRIMARY AND NON-CONTRIBUTORY ENDORSEMENT FOR PUBLIC ENTITIES This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. SECTION II — WHO IS AN INSURED is amended to include any public entity as an additional insured for whom you are performing operations when you and such person or organization have agreed in a written contract or written agreement that such public entity be added as an additional insured(s) on your policy, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your negligent acts or omissions; or 2. The negligent acts or omissions of those acting on your behalf; in the performance of your ongoing operations. No such public entity is an additional insured for liability arising out of the "products -completed operations hazard" or for liability arising out of the sole negligence of that public entity. B. With respect to the insurance afforded to these additional insured(s), the following additional exclusions apply. This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. C. The following is added to SECTION III —LIMITS OF INSURANCE: The limits of insurance applicable to the additional Insured(s) are those specified in the written contract between you and the additional insured(s), or the limits available under this policy, whichever are less. These limits are part of and not in addition to the limits of insurance under this policy. D. With respect to the insurance provided to the additional insured(s), Condition 4. Other Insurance of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS is replaced by the foltngtt,: 4. Otherinsurance e�e,6 a. Primary Insurance This insurance is primary if you have agreed in a written contract or wten agre e�G NIAC-E61 12 15 Page 1 of 2 (1) That this Insurance be primary, If other insurance is also primary, we will share with all that other insurance as described in c. below; or (2) The coverage afforded by this insurance is primary and non-contributory with the additional insured(s)' own insurance. Paragraphs (1) and (2) do not apply to other insurance to which the additional insured(s) has been added as an additional insured or to other insurance described in paragraph b. below. b. Excess insurance This insurance is excess over: 1, Any of the other insurance, whether primary, excess, contingent or on any other basis: (a) That is Fire, Extended Coverage, Builder's Risk, Installation Risk or similar coverage for "your work"; (b) That is fire, lightning, or explosion insurance for premises rented to you or temporarily occupied by you with permission of the owner; (c) That is insurance purchased by you to cover your liability as a tenant for "property damage" to premises temporarily occupied by you with permission of the owner; or (d) If the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to the extent not subject to Exclusion g. of SECTION I — COVERAGE A— BODILY INJURY AND PROPERTY DAMAGE. (e) That is any other insurance available to an additional insured(s) under this Endorsement covering liability for damages arising out of the premises or operations, or products - completed operations, for which the additional insured(s) has been added as an additional insured by that other insurance. (1) When this insurance is excess, we will have no duty under Coverages A or B to defend the additional insured(s) against any "suit" if any other insurer has a duty to defend the additional insured(s) against that "suit". If no other insurer defends, we will undertake to do so, but we will be entitled to the additional insured(s)' rights against all those other insurers. (2) When this insurance is excess over other Insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (a) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (b) The total of all deductible and self-insured amounts under all that other insurance. (3) We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. c. Methods of Sharing If all of the other insurance available to the additional insured(s) permits contribution by equal shares, we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of Insurance or none of the loss remains, whichever comes first. If any other the other insurance available to the additional insured(s) does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. C' NIAC-E61 12 15 Page 2 of 2 POLICY NUMBER: 2016.42084 COMMERCIAL GENERAL LIABILITY CG 20 26 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. =11r**11111111109 901• ,, A 0 This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Any person or organization that you are required to add as an additional insured on this policy, under a written contract or agreement currently in effect, or becoming effective during the term of this policy. The additional insured status will not be afforded with respect to liability arising out of or related to your activities as a real estate manager for that person or organization. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II —Who Is An Insured is amended to include as an additional insured the person(s) or organization(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 omissions of these acting on your behalf: 1. In the performance of your ongoing operations; or 2. In connection with your premises owned by or rented to you. However: 1, The insurance aforded to such additional insured only applies to the extent permitted by law; and 2. 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 agreement to provide for such additional insured. 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. CG 20 26 04 13 O Insurance Services Office, Inc., 2012 Page 1 of 1 A�C_O�RO® CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDYfVYY) 03/29/2018 THIS CERTIFICATE IS ISSUED ASA 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 lieu of such endomement(s). PRODUCER CONTACT Donna Dicarlo NAME: Riverlantls Insurance Services Inc. A/c No Ext: (965) 652-5505 FA,C, No): (985) 652-4039 EMAIL ddlcarlo@rivins.ccm ADDRESS: 492 West 5th Street INSURER(S) AFFORDING COVERAGE NAICN MM/DDIYYYY Laplace LA 70068 INSURERA: Wesco Insurance Company 25011 INSURED /t '`�� 00q-01 Shift Design Inc (•�,F -f ) V INSURER B: INSURER C: 3121 Dauphine St , aO ky--Oo Lf INSURER D: INSURER E: CI -AIMS -MADE OCCUR New Orleans LA 70117 INSURER F: COVERAGES CERTIFICATE NUMBER: 18-19 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. INSR AUDLSUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSO WVD POLICY NUMBER MMIDD/YYYY MM/DDIYYYY LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CI -AIMS -MADE OCCUR PREMISES Ea occunence $ 100,000 MED EXP (Any One person) $ 10,000 Y WPPIS9743900 01/12/2018 01/12/2019 A PERSONAL&AOV INJURY $ 1,000,000 GEN'LAGGREGATE LIMIT APPLIES PER: GENERALAGGREGATE $ 3,000,000 POLICY ❑ JECT E LOC PRODUCTS-COMPIOPAGG $ 3,000,000 $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ IT. accident BODILY INJURY (Per person) $ ANYAUTO OWNED SCHEDULED BODILY INJURY (Peraaident) $ AUTOS ON LY AUTOS PROPERTY DAMAGE $ Per awdent HIRED NON -OWNED AUTOS ONLY AUTOS ONLY UMBRELLA LAB iOCCUR _ `\ EACHOCCURRENCE E%CESS UAB CLAIMS -MADE AGGREGATE $ DEO I RETENTION $ VY $ WORKERS COMPENSATION A PER OTH- STATUTE ER AND EMPLOYERS'LIABILITY YIN (�Qj� nw' OFFICERIMEM ER EXCLUDED ANY ECUTIVE ❑ NIA �c/ J.,(�\ E.L. EACH ACCIDENT $ (Mantlatory in NH) E.L. DISEASE - EA EMPLOYEE $ If es, describe under Pa DESCRIPTION OF OPERATIONS below \ E.L. DISEASE - POLICY LIMIT $ Q� DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) The City of Santa Ana, its officers, employees, agents, and representative are named as additional insured with respects to the General Liability policy. The policy is primary and is not additional to or contributing. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Santa Ana ACCORDANCE WITH THE POLICY PROVISIONS. 20 Civic Center Plaza AUTHORIZED REPRESENTATIVE Santa Ana LA 92701 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: W PP1597439 00 COMMERCIAL GENERAL LIABILITY CG 20 26 04 13 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 Name Of Additional Insured Person(s) Or Organization(s): CITY OF SANTA ANA, 20 CIVIC CENTER PLAZA, SANTA ANA, CA 92701 ; ITS OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES AND VOLUNTEERS. SectionAl — Who-I"nAnsured-is-amended to B. Wit"specLto-theJnsurance afforded -to -these include as an additional insured the person(s) or additional insureds, the following is added to organization(s) shown in the Schedule, but only Section III - Limits Of Insurance: with respect to liability for 'bodily injury', "property If coverage provided to the additional insured is damage" or 'personal and advertising injury' required by a contract or agreement, the most we caused, in whole or in part, by your acts or will pay on behalf of the additional insured is the omissions or the acts or omissions of those acting amount of insurance: on your behalf: 1. In the performance of your ongoing operations; 1 Required by the contract or agreemenT or or 2. In connection with your premises owned by or rented to you. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. 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 agreement to provide for such additional insured. 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. CG 20 26 04 13 © Insurance Services Office, Inc., gay �G Q D12 Page 1 of 1 CG2001 (04/13) PRIMARY AND NONCONTRIBUTORY -OTHER INSURANCE CONDITION IS ADDED IN FAVOR OF THE FOLLOWING: CITY OF SANTA ANA 20 CIVIC CENTER PLAZA SANTA ANA, CA 92701 Change in Tax Premium (Included in Total): REMOVAL PERMIT If this policy includes the Commercial Property Coverage Part, the Standard Property Policy, or the Capital Assets Program (Output Policy) Coverage Part with all property scheduled on the Scheduled Location Endorsement OP 14 01, the following applies with respect to that Coverage Part or Policy: If Covered Property is removed to a new location that is described on this Policy Change, you may extend this insurance to include that Covered Property at each location during the removal. Coverage at each location will apply in the proportion that the value at each location bears to the value of all Covered Property being removed. This permit applies up to 10 days after the effective date of this Policy Change: after that, this insurance does not apply at the previous location. IL 12 03 04 06 © ISO Properties, Inc., 2005 Page 2 of 2