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HomeMy Public PortalAboutC-20-042 - Alexey Steele Funding Agreement, Cultural ArtsCITY OF CARSON HUMAN SERVICES DEPARTMENT CULTURAL ARTS FUNDING AGREEMENT CONTRACTOR Alexey Steele FED TAX ID # CONTACT PERSON Alexey Steele ADDRESS 20795 Main Street CITY Carson ST CA ZIP 90746 PHONE 31310-749-9947 FAX E-MAIL flamebrush@yahoo.corn This Cultural Arts Funding Agreement (herein "Agreement") is made and entered into by the City of Carson (the "City") and _Alexey Steele_ (the "Contractor"). The Term of this Agreement commences on January 1, 2020. Unless terminated as provided in this Agreement, the Term shall expire on completion of Project Close -Out as described below, which shall not exceed December 31, 2020. THE PARTIES HERETO AGREE AS FOLLOWS: SECTION 1— DUTIES AND RESPONSIBILITIES OF THE CONTRACTOR: A. In exchange for funding from the City of Carson's Cultural Arts Program Grant ("Grant Funds"), the Contractor shall: 1. Be a Carson -based artist or local community organization; 2. Provide Carson residents with arts, dance, drama, or music programs; 3. Provide programs in the City of Carson; and 4. Provide programs during the time period for which funding is provided. B. Contractor's service includes: Love My Neighbor Public Art Program is centered around ongoing My Neighbor Series: Capturing The Soul of America:s Diverse Citv and includes community engaging art outreach programs Love My Neighbor Curriculum, Artward! Kids, Love My Neighbor GangOut and Love My Neighbor Day to Carson Children and youth ask risk of the "Scottsdale" community. C. Contractor shall not discriminate against any person or group of persons on account of race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry, or other protected class in the performance of this Agreement. Contractor shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry, or other protected class. Contractor agrees that membership in its organization and participation in its activities shall not be restricted based upon race, color, 01007.0001/533361.4 creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation except as otherwise permitted by law. Evidence of discrimination shall be cause for immediate termination of this Agreement and Contractor's full repayment of Grant Funds, regardless of whether Contractor has already expended said Funds. D. Contractor at all times agrees to make every effort to recruit Carson residents for membership. Participation roster listing the name, city of residence, and if applicable, the school of attendance of the participants for each production shall be filed with the Human Services Department. E. Contractor shall make every effort to utilize Carson vendors for goods and services, including, but not limited to, supplies, printing, equipment, and rentals. F. Contractor shall coordinate its own activities, including sole responsibility for bookings and tours, purchasing, conducting auditions and rehearsals, selecting casts, and arranging all scheduled performances. G. Contractor shall not have free use of City resources (buses, equipment, and/or facilities). All use of the Community Center and other City facilities will be on a paid permit basis. H. Contractor shall not use the City's address or any City facility addresses as the Contractor's business address. Contractor shall maintain its own business address. I. If the Contractor is a faith -based organization, the programs for which the Contractor uses the Grant Funds shall: 1. Be exclusively non -religious in nature and scope; 2. Not be used for religious services, proselytizing, or activities to convert, instruction, or any other religious influences in connection with the cultural services; and 3. Not discriminate or exclude program participants based on religion. J. Contractor shall be solely responsible for observing and complying with all local, State, and Federal laws and regulations. Contractor shall obtain licenses, permits, and approvals required for the performance of its obligations pursuant to this Agreement. Contractor agrees to maintain in good standing a business license issued by the City during the term of this Agreement, if required by the Carson Municipal Code. K. Contractor shall publicize the City at each function by: 1. Acknowledging that funding was made available to Contractor upon the recommendation of the "Cultural Arts Commission" and approval of the "Carson City Council." 2. Distributing publications and literature about the Contractor and the City. Publications shall not be distributed unless they conform to the following guidelines: (a) The heading of the publication must always read, "The City of Carson Cultural Arts Commission Presents." All other pertinent City information must be included. (b) Contractor shall create and submit the draft of any publication/flyer to the Human Services Department prior to printing and distribution. If necessary, nnhlirntinnc Avill he retnrnerl to the C'nntrnrtnr fnr revkinnc C'nrrerterl publication shall be resubmitted to the Human Services Department for final approval. 01007.0001/533361.4 2 (c) After reviewing the publications for completeness and accuracy, the Human Services Department will forward same to the Director of Community Services (or designee), who will then approve all publications in writing before going to print. L. Contractor is solely responsible for all costs associated with the publication and printing of literature (including flyers, programs, and invitations). M. Contractor shall participate in at least one City -sponsored event at no cost to the City. N. Contractor shall obtain written approval from the Director of Community Services prior to using Grant Funds to participate in events that are not City -sponsored or City -affiliated. O. Project Close -Out: Contractor's obligations to the City shall not end until all close-out requirements are completed. Activities during this close-out period shall include, but are not limited to: submission of final reports and supporting documents, returning unused Grant Funds, repaying Fund amounts that the Human Services Supervisor has deemed inappropriately expended, and submittal of participant information and publicity materials. Project Close -Out shall not extend beyond December 31, 2020. Failure to close out may disqualify the Contractor from subsequent grant awards. SECTION 2 — PAYMENT PROCEDURES AND REPORTING REOUIREMENTS A. Contractor is eligible for Grant Funds in the amount of ten thousand dollars ($ 10,000). B. Schedule of Disbursements and Reporting Requirements: The schedule below presents anticipated disbursement dates. Report dates are not, however, subject to change unless the parties amend this Agreement to modify the schedule. January 1, 2020 Anticipated Disbursement of $5,000 April 15, 2020 Deadline for Report on expenditure of Grant Funds from January 1 through March 31, 2020 May 15, 2020 Anticipated Disbursement of $2,500 August 15, 2020 Deadline for Report on expenditure of Grant Funds through July 31, 2020 September 1, 2020 Anticipated Disbursement of $2,500 November 1, 2020 Deadline for Report on expenditure of Grant Funds through October 15, 2020. December 31, Deadline for Project Close -Out, including returning unused funds 2020 or funds inappropriately expended C. Disbursement Conditions: 1 Thi- Cnntrartnr chall atti-nd a financial ri-nnrtina training - ---- - ----•-___ ------ - ---- - -- - -- - 01007.0001/533361.4 3 2. Three (3) weeks prior to the first anticipated disbursement date, the Contractor shall submit, for the Human Services Supervisor's review and approval, a proposed budget for the use of Grant Funds. The Contractor shall not receive Grant Funds unless the Human Services Department has approved the Contractor's budget. The budget should be prepared as a line item budget. The budget must be in a format prescribed by the City. It shall be detailed and must provide specific sums for such items as salaries, fringe benefits, sets, rentals, musical scores, orchestration, publicity, props, costumes, printing, insurance, transportation, make-up, band and all other expenses. Income statements shall identify gross revenues, donations, interest income, and any other income sources. 3. The Contractor shall use a separate bank account for using Grant Funds, and shall provide the City with proof of a separate account by producing documents such as an account statement from the bank. D. Use of Funds 1. Funds may only be expended in accordance with a budget approved by the Human Services Supervisor. 2. All City -funded performances, concerts, or other programming shall be offered at no cost to the participants/attendees. E. Reporting Requirements 1. Reports shall include an Income and Expense Statement in the form provided by the City. 2. The report shall supporting documentation, such as receipts, invoices, and any other documents necessary to verify that the Contractor used the funds in a manner consistent with this Agreement and consistent with the Income and Expense Statement. 3. If the Contractor used Grant Funds to purchase goods, the Contractor shall also submit an Inventory Report, along with supporting documentation as described above. 4. Reports shall also include copies of all publicity materials that mention the City of Carson as a result of programs, services, and events supported by the Grant Funds. 5. Failure to submit reports and all required supporting documentation by the deadlines in the schedule above may result in delays in, or eligibility for, subsequent disbursements. 6. The final report (November 1 report) shall, along with financial information required above, provide detailed descriptions of what services and programs the Contractor provided to Carson residents. F. Grant Funds disbursed to the Contractor but not expended by the Contractor by October 15, 2020, as indicated by required reports, or otherwise unaccounted for by the Contractor, shall be returned to the City. G. Contractor is subject to an audit by the City's Accounting Division to ensure compliance with this Agreement. H. Contractor shall comply with the Funding Implementation Manual. In the event of any conflict between this Agreement and the Funding Implementation Manual, this Agreement shall govern. 01007.0001/533361.4 4 SECTION 3 — INDEPENDENT CONTRACTOR/INDEMNITY A. Contractor is, and shall at all times remain to City, as a wholly independent contractor. Contractor shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent. Neither City nor any of its agents shall have control over the conduct of Contractor or any of Contractor's employees. Contractor shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner employees of the City or that any programs conducted by the Contractor are official City programs. B. To the full extent permitted by law, Contractor agrees to indemnify, defend and hold harmless the City, its officers, employees and agents ("Indemnified Parties") against, and will hold and save them and each of them harmless from, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein "claims or liabilities") that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities provided herein of Contractor, its officers, employees, agents, subcontractors, invitees, or any individual or entity for which Contractor is legally liable ("indemnitors"), or arising from Contractor's or indemnitors' reckless or willful misconduct, or arising from Contractor's or indemnitors' negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, except claims or liabilities occurring as a result of City's sole negligence or willful acts or omissions. The indemnity obligation shall be binding on successors and assigns of Contractor and shall survive termination of this Agreement. SECTION 4 — TERMINATION This Agreement may be terminated by either party, with or without cause, upon 30 days written notice. Upon termination as provided hereunder, Contractor shall return unused Grant Funds, and repay any Fund amounts that the Human Services Supervisor has deems inappropriately expended. SECTION 5 — INSURANCE REQUIREMENTS A. The Contractor shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, during the entire term of this Agreement including any extension thereof, the following policies of insurance which shall cover all elected and appointed officers, employees and agents of City: 1. Comprehensive General Liability Insurance (Occurrence Form CG0001 or equivalent). A policy of comprehensive general liability insurance written on a per occurrence basis for bodily injury, personal injury and property damage. The policy of insurance shall be in an amount not less than $500,000.00 per occurrence or if a general aggregate limit is used, either the general aggregate limit shall apply separately to this contract/location, or the general aggregate limit shall be twice the occurrence limit. 2. Comprehensive Automobile Liability Insurance (Form CA 0001 (Ed 1/87) including "anv auto" and endorsement CA 0025 or equivalent. A policy of comprehensive automobile liability insurance written on a per occurrence for bodily injury and property damage in an 01007.0001/533361.4 5 amount not less than either (i) bodily injury liability limits of $100,000 per person and $300,000 per occurrence and property damage liability limits of $50,000 per occurrence or (ii) combined single limit liability of $1,000,000. Said policy shall include coverage for owned, non -owned, leased, hired cars, and any other automobile. 3. Worker's Compensation Insurance. A policy of worker's compensation insurance in such amount as will fully comply with the laws of the State of California and which shall indemnify, insure and provide legal defense for the Contractor against any loss, claim or damage arising from any injuries or occupational diseases occurring to any worker employed by or any persons retained by the Contractor in the course of carrying out the work or services contemplated in this Agreement. B. Subcontractors. Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. C. Such insurance shall name the City of Carson, its officers, employees, agents, elected officials, members of boards or commissions, and volunteers as additional insured parties. Coverage must include the provisions prescribed by the City. D. Contractor shall file and maintain the required endorsements and certificates of insurance with the Risk Management Division of the City at all times during the term of this Agreement. The endorsements and certificates are to be filed prior to the commencement of work and should state clearly: 1. The additional insured requested. 2. Insurance is to be primary to that of the additional insured. 3. Cross liability clause. 4. The insurance afforded to the additional insured shall apply as primary insurance and no other insurance maintained by the additional insured will be called upon to contribute with the insurance provided by the Contractor. E. Any notice of change or cancellation of insurance must be provided thirty days prior to the change or cancellation to: The City of Carson Risk Management Division P.O. Box 6234 Carson, CA 90749 F. General Insurance Requirements. All of the above policies of insurance shall be primary insurance and shall name the City, its elected and appointed officers, employees and agents as additional insureds and any insurance maintained by City or its officers, employees or agents may apply in excess of, and not contribute with Contractor's insurance. the insurer is deemed hereof to waive all rights of subrogation and contribution it may have against the City, its officers, employees and agents and their respective insurers. The insurance policy must specify 01007.0001/533361.4 6 that where the primary insured does not satisfy the self-insured retention, any additional insured may satisfy the self-insured retention. All of said policies of insurance shall provide that said insurance may not be amended or cancelled by the insurer or any party hereto without providing thirty (30) days prior written notice by certified mail return receipt requested to the City. In the event any of said policies of insurance are cancelled, the Contractor shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Section 5.1 to the Contract Officer. No work or services under this Agreement shall commence until the Contractor has provided the City with Certificates of Insurance, additional insured endorsement forms or appropriate insurance binders evidencing the above insurance coverages and said Certificates of Insurance or binders are approved by the City. City reserves the right to inspect complete, certified copies of and endorsement to all required insurance policies at any time. Any failure to comply with the reporting or other provisions of the policies including breaches or warranties shall not affect coverage provided to City. The insurance required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated "A" or better in the most recent edition of Best Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the City's Risk Manager or other designee of the City due to unique circumstances. [Signatures on the following page.] 01007.0001/533361.4 7 The City and Contractor execute this Agreement and warrant that the person executing this Agreement on behalf of each party is duly authorized to execute this Agreement and formally hind the Contractor this Agreement. AIESHIRE & WYNDER, LLP 6;�� �-- Sunny K- Soltani, City Attorney Mayer CONTRACTOR:** *** By - Name: Tine: eG,f �'S•s�+' .Q PT+' �`T By ame: Title: Address: ** CONTRACTOR'S SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONTRACTOR'S BUSINESS ENTITY. ***Two corporate officer signatures required when Contractor is a corporation, with one signature required from each of the following groups: 2} Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. 01007.ilt 033351A The City and Contractor execute this Agreement and warrant that the person executing this Agreement on behalf of each party is duly authorized to execute this Agreement and formally bind the Contractor this Agreement. ATTEST: Donesia Gause-Aldana, City Clerk APPROVED AS TO FORM: ALESHIRE & WYNDER, LLP Sunny K. Soltani, City Attorney CITY OF CARSON Albert Robles, Mayor CONTRACTOR:** *** By: CV Name: Title: C_ 0.0 iN ame: Title: Address: ** CONTRACTOR'S SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONTRACTOR'S BUSINESS ENTITY. ***Two corporate officer signatures required when Contractor is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. 01007.0001/533361.4 8 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California 1 County of J} On before me, /1Y11 Vim( (.tl a-yIa Vous r ate Here Insert Name and Title of the Officeg personally appeared 1e -( S PTA who proved to me on the basis of satisfactory evidence to be the person(�whose name(sf is/�P6 subscribed to the within instrument and acknowledged to me that he/sh'e/t1(ey executed the same in his/*/twy authorized capacitypie ), and that by his/I &/tKir signature,($) on the instrument the person', or the entity upon behalf of which the personx acted, executed the instrument. AMBER LARAE KERIAKOUS Notary Public - California Los Angeles County T ° Commission k 2311155 `' o•"� My Comm. Expires Nov 1, 2023 Place Notary Seal and/or Stamp Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Signa ur of Nota ublic AATIA�1 A 1 Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached D Title or Type of Document: Document Date: Number of Pages: k� Signer(s) Other Than Named Above:( 4h0 Capacity(ies) Claimed by Signer(s) Signer's Name: Alexe-i � L' ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General F Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: ©2018 National Notary Association Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: CERTIFICATE OF LIABILITY INSURANCE ` 4 t °Ao3r05r2M 024 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 pollcy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the teras 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 $fateFartn Trish !Sova-, CLU + * State Farm Insurance Na;RCT vincent j. guarino cO PHONE 310.454.0349 FAX 510-454-$175 IAX.fl trish.bowe.b$cyGstatefarm.com $60 Via de la Paz, 0 1 Pacific Palisades, Ca 90272 _ INSURERS AFFORDING COVERAGE NAIC A INSURER A : State Farm General insurance Company 25151 INSURED Alexey Steele INSURER e . ENSURER C . INSURER 0: 0911512019 INSURER 11; PERsoNALaADV INJURY s 1,000,000 — INSURER F GEN'L AGGREGATE LIMIT APPLIES PER �%pv 0104:uIaLs_11eg Lit THIS IS TO CERTIFY THAT THEPOLICIESOF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REOUIR£MENT 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 15 SUBJECT TO ALL THE TERMS, AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS 'EXCLUSIONS 3 - TYPE OF INSURANCE ... - AO �� -------- POLICY EFt: LT.POLICY NUMBERIbIwoO M LIMITS I COMMERCIAL GENERAL LIABILITY l CLAIMS MAGE OCCUR i I EACH OCCURRENCE S 1,000,000 DAMAGEEMI! ET EatNitu S 300,000 MED EXP'one Parson)) S 10.000 Any A } Y Y 0911512019 09/15/2020 PERsoNALaADV INJURY s 1,000,000 — GEN'L AGGREGATE LIMIT APPLIES PER I GENERAL AGGREGATE i 2,000.000 F-1 POLICY a& LOC 3 _ PRODUCTS • COMMP AGG S 2.000,000 y" ^ OTHER jj 3 f AUTOMOBILE LIABILITYCOMBINED i ShkalwrLWIT St E.IL, s DODILY INJURY Mer person) S ANY AUTO .• A S ONLY HEDULED HIRED NONWN •OED AUTOS ONLY �1 AUTOS ONLY I BODILY fNJURY;Par Kcidenl) S —'--___. S UMBRELLA U AS i OCCUR EXCESS LMa _ CLAIMS-MAD_E_i EACH OCCURRENCE S AGGREGATE S S DED (RETENT N S I WORKERS COMPENSATION AND EMPLOYERS' LIABILETY Y / N JANY PROPRIETOWPARTNERIEXECUTNE OFFICERIMEMBEREXCLUDED? �yNtA: (Mandatory in NH) [ ( i I ;!&RT TRH- ` E L EACH ACCIDENT $ f E L DISEASE - EA EMPLOYEE $ N as, desciibe under • DESCRIPTION OF OPERATIONS below E L DISEASE - P£XJCY LIMIT i S DESCRIPTION OF OPERATIONS I LOCATIONS I VEMCLES (ACORD 101, Additional Ramarks Schedule, may be attached N mora -pitta h a-quhwl) Business Policy City of Carson, Its elected and appointed officers employees volunteers and gents are additlunal insuuluds The City of Carson Risk Management Dlvis;on 701 E Carson St Carson CA 90745 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE aJ I VaG-AUI0 AL;UKU %;UKYUKA I IVIY. All 1719n1E 1'65111tVYQ. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD 10014B0 13254912 03.16-2018 CA Policy No. 92 -BS -Q242-6 CMP -4787 Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY CMP -4787 WAIVER OF TRANSFER OF RIGHTS OR RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM SCHEDULE Policy Number: 92 -BS -Q242-6 Named Insured: STEELE, ALEXEY LOS ANGELES CA 90064 1963 Name And Address Of Person Or Organization: THE CITY OF CARSON RISK MANAGEMENT DIVISION ITS ELECTED AND APPOINTED OFFICERS EMPLOYEES VOLUNTEER AND AGENTS 701 E CARSON ST CARSON CA 90745 The following is added to Paragraph 10.b. of SECTION I AND SECTION II — COMMON POLICY CONDITIONS: We waive any right of recovery we may have against the person or organization shown in the Schedule because of payments we make for injury or damage arising out of: a. Your ongoing operations; or b. "Your work" done under contract with that person or organization and included in the "products - completed operations hazard". This waiver applies only to the person or organization shown in the Schedule. All other policy provisions apply. CMP -4787 1006225 137715.1 11-19-2013 O, Copyright, State Farm Mutual Automobile Insurance Company, 2008 Includes copyrighted material of Insurance Services Office, Inc., with its permission. CA Policy No. 92—BS—Q242-6 CMP -4860.1 Page 1 of 2 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY CMP -4860.1 ADDITIONAL INSURED — DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM SCHEDULE Policy Number: 92 -BS -Q242-6 Named Insured: STEELS ALEXEY LOS ANGELES CA 90064 1963 Name And Address Of Additional Insured Person Or Organization: THE CITY OF CARSON RISK MANAGEMENT DIVISION ITS ELECTED AND APPOINTED OFFICERS EMPLOYEES VOLUNTEER AND AGENTS 701 E CARSON ST CARSON CA 90745 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. Premises And Ongoing Operations Your acts or omissions or the acts or omissions of those acting on your behalf: (1) In connection with your premises; or (2) In the performance of your ongoing operations; 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: a. The insurance afforded to the additional insured only applies to the extent permit- ted by law; 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 con- tract or agreement to provide for such ad- ditional insured; and c. If the contract or agreement between you and the additional insured is governed by California Civil Code Section 2782 or 2782.05, 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. We have no duty to defend or indemnify the additional insured under this endorsement un- til a claim or "suit" is tendered to us. O, Copyright, State Farm Mutual Automobile Insurance Company, 2013 Includes copyrighted material of Insurance Services Office, Inc., with its permission. CONTINUED Any insurance provided to the additional in- sured shall only apply with respect to a claim made or a "suit" brought for damages for which you are provided coverage. This endorsement shall not increase the ap- plicable Limits Of Insurance shown in the Declarations. 3. With respect to the insurance afforded to the additional insured, the following is added to SECTION II — LIMITS OF INSURANCE: If coverage provided to the additional insured is required by contract or agreement, the most we will pay on behalf of the additional insured will be the lesser of the amount of insurance: 5 a. Required by the contract or agreement; or b. Available under the applicable Limits Of Insurance shown in the Declarations. This endorsement shall not increase the ap- plicable Limits Of Insurance shown in the Declarations. 4. With respect to the insurance afforded to the additional insured, the following is added to Paragraph 3. Duties In The Event Of Occur- rence, Offense, Claim Or Suit of SECTION II — GENERAL CONDITIONS: The additional insured must: a. See to it that we are notified as soon as practicable of an "occurrence" or an of- fense which may result in a claim. To the extent possible, notice should include: (1) How, when and where the "occur- rence" or offense took place; (2) The names and addresses of any in- jured persons and witnesses; and CMP -4860.1 CMP -4860.1 Page 2 of 2 (3) The nature and location of any injury or damage arising out of the "occur- rence" or offense; b. Tender the defense and indemnity of any claim or "suit" to us and to all other insur- ers who may have insurance potentially available to the additional insured; and c. Agree to make available any other insur- ance the additional insured has for de- fense or damages for which we would provide coverage under SECTION II — LIABILITY. With respect to the insurance afforded the ad- ditional insured, the following replaces SEC- TION II — LIABILITY of Paragraph 7. Other Insurance of SECTION I AND SECTION II — COMMON POLICY CONDITIONS: a. This insurance is primary to and will not seek contribution from any other insur- ance available to the additional insured, provided that the additional insured is a named insured under such other insur- ance. b. Regardless of any agreement between you and the additional insured, this insur- ance is excess over any other insurance whether primary, excess, contingent or on any other basis for which the additional in- sured has been added as an additional in- sured on other policies. There will be no refund of premium in the event this endorsement is cancelled. All other policy provisions apply. 1007042 148020 08-26-2014 O, Copyright, State Farm Mutual Automobile Insurance Company, 2013 Includes copyrighted material of Insurance Services Office, Inc., with its permission.