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HomeMy WebLinkAboutPREMIER VENDGROUP INC. 2ACity of Santa A 1 Clerk of the Council corc Off ice Use Only AGREEMENT TERMINATION FORM Please complete this form in its entirety when the attached agreement and all amendments (if any) are no longer in effect. Note: If your agreement is grant related, please ensure that all grant retention requirements have been satisfied prior to signing the termination form. Is the agreement(s) a permanent record? Yes No— GLERK OF THE COUNCIL 000 2 `2 s GML e3= Return form to the Clerk of the Council Office (M-30). Call 647-1520 if you have any questions. The agreement with -?V;PYY'),VQA U1,{ 4f'nA-) uQ :1 1 No. N-2017-263 (List all amendments. Revised: 10-18-16 3ola© was completed on t and final payment has been made. Use space below if needed.) Department: -Pu ,Q,44 m,! ki ' Phone/Ext.: Signature:, QA1L A 1/\/a/1 Date: % idudQ-) ALL INSURANCE jNL01 ON FILE N-2017-263-01 WORK MAY NJ PROCEED CLERK OF COUNCIL DATE; Nov 2 0 2016 FIRST AYIKNDMENT TO VENDING AGREEMENT WITH PREMIER VENDGROUP INC. THIS FIRST" AMENDMENT to the above -referenced agreement is entered into on September 19, 2018, by and between P It.errrjp;r,,,YQn0grqup, hic., a California corporation ("Consult'ant"), 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 parties entered into Agreement No. N-2017,263 to provide beverage and/or snack vending machines at various City -owned properties ("Agreement"). B. The parties wish to amend the Agreement to add a provision that the Consultant will provide a change machine at the Santa Ana Police Department at a cost of $120 a year and to exercise the first of two, one-year renewals. T'he Parties therefore agree, 1. Section I, TERM, will be revised to indicate that the City is exercising the first (of two) optional one (1) year renewals. In addition, the term will be updated to reflect that the Agreement expires on November 30, 2019, unless terminated by either party as provided in the Agreement. 2, Section 3, COMPENSATION TO THE CITY, is revised to read as follows: COMPENSATION A. Vendor agrees to pay, and City agrees to accept as payment for its granting the right to install and maintain vending operations on City -owned properly, Six Hundred Dollars ($600.00) pef.nzorub payable to the City on the 5"` day of each month. B. City agrees to pay Vendor $120 per year for the use of a change machine at the Santa Ana Police Department, City will pay invoices within 45 days of receipt. 3. Except as modified by this First Amendment, all terms and conditions of the Agreement shall remain in fill force and effect. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Agreement on the date and year first written above. ATTEST CITY OF SANTA NA ARIA D..HUIZAR RAUL C,ODINE Clerk of the Council City Manager [Signatures continue on next page] Page I of 2 N-2017-263-01 APPROVED AS TO FORM SONIA R. CARVALHO City Attorney Dy: LAURA A. ROSSINI Senior Assistant City Attorney RECOMMENDED FOR APPROVAL LISA R OFF Executive Director, Parks, Recreation and Connnunity Services Agency CONSULTANT J Title: s/�z� C v/ Page 2 of 2 EXHIBIT A PROPOSED SCOPE OF SERVICES/VENDOR RESPONSIBILITIES 1. Provide beverage and/or snack vending machines, approved locations. 2. Ensure that no less than 50 percent of the food and beverage provided in all vending machines located at City -owned facilities are of a healthy variety. 3. Provide maintenance, service and cleaning of those machines at regular intervals and/or as needed. 4. The vending operation shall be run in an efficient and courteous manner. Vending services staff member(s) shall be clean and neatly dressed, presenting a positive image for City facilities. Special consideration will be offered to bidders able to demonstrate superior customer service. 5. For the safety of the public patrons who utilize City facilities and/or maintenance concerns regarding City facilities, restrictions may be necessary including items sold, packaging, etc. The City must approve all menu items, packaging, and machines, and machine locations (or changes to the above). 6. The vendor shall obtain a business license to operate within the City of Santa Ana and maintain current liability insurance coverage. 7. The vendor(s) shall attend meetings with City staff as required. 8. The vendor(s) shall coordinate with other Agencies as required. 9. The vendor shall provide a revenue/expenditure report if requested by the City of Santa Ana. 10. The revenue to the City shall be $600 per month. CITY RESPONSIBILITIES The City will provide the following: 1. Electricity and electrical maintenance for approved vending machines to be installed. 2. Approval of sites and number and types of machines to be installed. 3. Staff liaison for communication and problem resolution. 4. Pay $120 year for one (1) change machine located at the Police Department. EXHIBIT A PRICING Snacks Pricing Large Serving Size Chips 12oz $1.00 Fresh Pastries $1.50 Cookies $1.00 Deluxe Bag Snacks $1.00 Candy --Chocolate $1.00 Energy Bars $2.00 Gum/Mints $1.00 Drinks Pricing 20oz Soda/Water Beverage $1.25 12oz Soda Can $1.00 Snapple $1.50 20oz Gatorade Bottle $1.75 Energy Drinks 16oz, Red Bull 8oz $2.75 Juice Drinks $2.00 Coffee Pricing 8oz Cup $0.75 12oz Cup $1.00 EXHIBIT A EXISTING SITES PRCSA Park/Facility Sites Address Existing Proposed Number/Type Machines Of Machines El Salvador Park 1825 W. Civic Center 2 1 cold drink and 1 snack Memorial Park 2102 S. Flower St. 2 1 drink and 1 snack Rosita Park and Salgado 706 N. Newhope St. 2 1 drink and 1 snack Recreation Center Santa Ana Public Library 26 Civic Center Plaza 2 1 cold drink and 1 snack Santa Ana Senior Center (SASC) 434 W. 3`d Street 1 1 cold drink/snack combo Southwest Senior Center SWSC) 2201 W. McFadden Ave. 2 1 cold drink and 1 snack Santa Ana Regional 1000 East Santa Ana Blvd 3 2 cold drink and 1 snack Transportation Center (SARTC) Santa Ana Police Department, 60 Civic Center Plaza 4 2 cold drink, 1 hot drink, Code 7 Cafe and 1 snack Santa Ana Police Department, 60 Civic Center Plaza 1 1 cold drink 1 st Floor I Change Machine Santa Ana City Hall 20 Civic Center Plaza 2 1 cold drink and 1 snack Santa Ana City Yard, 220 S. Daisy Ave. 2 1 cold drink and 1 snack Administrative Building Santa Ana City Yard, 220 S. Daisy Ave. 2 1 cold drink and 1 snack Fleet Maintenance ATTACHMENT"A" CERTIFICATION OF NON-DISCRIMINATION BY CONSULTANTS As suppliers of goods or services to the City of Santa Ana, the Firm listed below certifies that it does not discriminate in its employment with regard to race, color, religion, sex, or national origin; that it is in compliance with all federal, state and local directives and executive orders, regarding non-discrimination in employment; and that it agrees to demonstrate positively and aggressively the principle of equal opportunity in employment. WE AGREE SPECIFICALLY: 1. To take affirmative steps to hire minority employees with the company. 2. To establish or observe employment policies within affirmative promotion opportunities for minority persons at all job levels. 3. To communicate this policy to all persons concerned, including all company employees, outside recruiting services, especially those servicing minority communities,and to the minority communities at large. FIRM TITLE OF PERSON SIGNING � SIGNATURE DATE 'lease include any additional information available regarding equal opportunity employment programs now in effect within your company. �►`CO�RO® CERTIFICATE OF LIABILITY INSURANCE DATE (MMI DA I 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 lieu of such endorsement(s). PRODUCER Arthur J. Gallagher & Co. Insurance Brokers of CA, Inc. LIC #0726293 CONTACT Erika Sokolik PHONE Fax lAL0 Nv,.ExtL_ 818-534-3558 _______ _ yam 618-316-0990 21820 Burbank Blvd. Suite 175 Woodland Hills CA 91367 nrMDaess, Erika Sokolik(Maig.com INSURER(S) AFFORDING COVERAGE NAIC# INSURER A: West American Insurance Company 44393 INSURED Vendors Downey6814 INSURERS: American Fire and Casual ompany C 24066 Suva Street INSURER C: INSURER D: Bell Gardens, CA 90201 INSURER E : INSURER F: COVERAGES CERTIFICATE NUMBER: 188453632 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, EXCLUSIONSAND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTR TYPE OF INSURANCE 'IADDL$UBR' POLICY EFF POLICY EXP IN ❑ POLICY NUMBER MMIODIYYYY MMIDDM/YY LIMITS A X COMMERCIAL GENERAL LIABILITY Y !i BKW56585014 4/1G018 4/1/2019 1 EACHOCCURRENCE I$1,0001000 CLAIMS MADE X OCCUR 1 DAMA E TO RENTED — 'PRE, MISES fEa occurrence) I$100,000 _ MED EXP (Any one person) $10,000 PERSONAL &ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER. X I PRO- I 1 POLICY: J JECT LOC rGENERAL AGGREGATE 1$2,000,000 _ .. IFPRODUCTS- COMP/OPAGG $2000,000 ..._-- $ OTHER'. A I AUTOMOBILE LIABILITY ANY AUTO OWNED ��., SCHEDULED �-, AUTOS ONLY ,_ AUTOS X HIRED X NON -OWNED AUTOS ONLY AUTOS ONLY ��J BAW56585014 4IU2018 4/l/2019 " COMBINED SINGLE LIMIT $1,000,000 Ea accltlenl _ BODILY INJURY (Par person) $ BODILY INJURY (Per accident' $ ), _ PROPERTY DAMAGE $ 1Per acmtlent) _ _ B X UMBRELLA LIAR X'OCCUR EXCESS LIAR CLAIMSMADE, _ IUSA56585014 4/1/2018 41112019 EACH OCCURRENCE $10,000,000 AGGREGATE j $10,000,600 IFIDED FX I RETENTION$ $ -- — IIWORKERS COMPENSATION YIN I ANDEMPLOYOIALIABILITY ANYPRO RIETO"EXDLBDED4 ECUTIVE NIA 1 OF EMS aR ''I PER L OTH- STATUTE_ ER I _ EI L. EACH ACCIDENT (Mandatory In NHl If yes, describe under DESCRIPTION OF OPERATIONS below E. L. DISEASE - EA EMPLOYEE' $ EL. DISEASE -POLICY LIMIT:$ _ A Hired Auto PD I BAW58585014 1 4/1/2018 Collision Ded. - 4/112019 $1, 000 51, 000 DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHICLES r 0 S VE 1 ES ACORD 101 Additional Remarks Schedule, may x!txshstl if more space isre requi 9 red) Re: Operations of the Named Insured for the Certificate Holder. J\fr City of Santa Ana, Santa Ana City Hall, Santa Ana Police Dept., Santa Ana City and Santa Ana City Yard and Santa Ana LLL Library of Santa Ana its officers, employees agents, volunteers and representatives are named Additional Insureds with Primary Wording per attached form CG 8810 0413. City of Santa Ana 20 Civic Center, 8th Floor Santa Ana CA 92702 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 0)1988-2015 ACORD CORPORATION_ All ridi ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD COMMERCIAL GENERAL LIABILITY CG 88 10 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL GENERAL LIABILITY EXTENSION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART INDEX SUBJECT NON -OWNED AIRCRAFT NON -OWNED WATERCRAFT PROPERTY DAMAGE LIABILITY -ELEVATORS PAGE 2 2 2 EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) 2 MEDICAL PAYMENTS EXTENSION 3 EXTENSION OF SUPPLEMENTARY PAYMENTS - COVERAGES A AND B 3 ADDITIONAL INSUREDS - BY CONTRACT, AGREEMENT OR PERMIT 3 PRIMARY AND NON-CONTRIBUTORY- ADDITIONAL INSURED EXTENSION 6 ADDITIONAL INSUREDS -EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE" 6 WHO IS AN INSURED - INCIDENTAL MEDICAL ERRORS/MALPRACTICE AND WHO IS AN INSURED - FELLOW EMPLOYEE EXTENSION - MANAGEMENT EMPLOYEES 6 NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES 7 FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES 7 KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT 7 LIBERALIZATION CLAUSE BODILY INJURY REDEFINED EXTENDED PROPERTY DAMAGE �/y�° ACA WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO USX - WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU U fie_ 71 n 1 P\�. 7 7 8 8 © 2013 Liberty Mutual insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 8 With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified by the endorsement. A. NON -OWNED AIRCRAFT B. Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liability, exclusion g. Aircraft, Auto Or Watercraft does not apply to an aircraft provided: 1. It is not owned by any insured; 2. It is hired, chartered or loaned with a trained paid crew; 3. The pilot in command holds a currently effective certificate, issued by the duly constituted authority of the United States of America or Canada, designating her or him a commercial or airline pilot; and 4. It is not being used to carry persons or property for a charge. However, the insurance afforded by this provision does not apply if there is available to the insured other valid and collectible insurance, whether primary, excess (other than insurance written to apply specifically in excess of this policy), contingent or on any other basis, that would also apply to the loss covered under this provision. NON -OWNED WATERCRAFT Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liability, Subparagraph (2) of exclusion g. Aircraft, Auto Or Watercraft Is replaced by the following: This exclusion does not apply to: (2) A watercraft you do not oven that is: (a) Less than 52 feet long; and (b) Not being used to carry persons or property for a charge. C. PROPERTY DAMAGE LIABILITY -ELEVATORS 1. Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liabil- ity, Subparagraphs (3), (4) and (6) of exclusion j. Damage To Property do not apply if such "property damage" results from the use of elevators. For the purpose of this provision, elevators do not include vehicle lifts. Vehicle lifts are lifts or hoists used in automobile service or repair operations. 2. The following is added to Section IV - Commercial General Liability Conditions, Condition 4. Other Insurance, Paragraph b. Excess Insurance: The insurance afforded by this provision of this endorsement is excess over any property insurance, whether primary, excess, contingent or on any other basis. D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) If Damage To Premises Rented To You is not otherwise excluded from this Coverage Part: 1. Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury and Property Damage Liability: a. The fourth from the last paragraph of exclusion j. Damage To Property is replaced by the follow- ing: Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other thart.damage by fire, lightning, explosion, smoke, or leakage from an automatic fire protection syer tl: (i) Premises rented to you for a period of 7 or fewer consecutive days; or _ ��i\e"` y�G� (ii) Contents that you rent or lease as part of a premises rental or lease �Tg eement r awp of more than 7 days. Paragraphs (1), (3) and (4) of this exclusion do not apply 40 "property d'OQto� gqP��of premises rented to you for a period of 7 or fewer consecutive days. a A separate limit of insurance applies to this coverage as described in Section III - Limits of Insurance. © 20131-iberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 2 of 8 I b. The last paragraph of subsection 2. Exclusions is replaced by the following: Exclusions c. through n. do not apply to damage by fire, lightning, explosion, smoke or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section III - Limits Of Insurance. 2. Paragraph 6. under Section III - Limits Of Insurance is replaced by the following: 6. Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of "property damage" to: a. Any one premise: (1) While rented to you; or (2) While rented to you or temporarily occupied by you with permission of the owner for damage by fire, lightning, explosion, smoke or leakage from automatic protection sys- tems; or b. Contents that you rent or lease as part of a premises rental or lease agreement. 3. As regards coverage provided by this provision D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) - Paragraph 9.a. of Definitions is replaced with the following: 9.a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning, explosion, smoke, or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with the permission of the owner, or for damage to contents of such premises that are included in your premises rental or lease agreement, is not an "insured contract". E. MEDICAL PAYMENTS EXTENSION If Coverage C Medical Payments is not otherwise excluded, the Medical Payments provided by this policy are amended as follows: Under Paragraph 1. Insuring Agreement of Section I - Coverage C - Medical Payments, Subparagraph (b) of Paragraph a. is replaced by the following: (b) The expenses are incurred and reported within three years of the date of the accident; and F. EXTENSION OFSUPPLEMENTARY PAYMENTS-COVERAGESAAND B 1. Under Supplementary Payments - Coverages A and B, Paragraph 1.b. is replaced by the following: b. Up to $3,000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. 2. Paragraph 1.d. is replaced by the following: d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to $500 a day because of time off from work. G. ADDITIONAL INSUREDS - BY CONTRACT, AGREEMENT OR PERMIT 1. Paragraph 2. under Section II - Who Is An Insured is amended to include as an insured any person or organization whom you have agreed to add as an additional insured in a written contr1og written agreement or permit. Such person or organization is an additional insured but onll respect to liability for "bodily injury", "property damage" or "personal and advertising �" A can,s` , wh or in part by: A W� a. Your acts or omissions, or the acts or omissions of those acting on your behalf, in �\ of your on going operations for the additional insured that are the subject of a or written agreement provided that the "bodily injury" or "property dank o� "per- sonal and advertising injury" is committed, subsequent to the signing of such ten contract or written agreement; or © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 3 of 8 b, Premises or facilities rented by you or used by you; or c. The maintenance, operation or use by you of equipment rented or leased to you by such person or organization; or d. Operations performed by you or on your behalf for which the state or political subdivision has issued a permit subject to the following additional provisions: (1) This insurance does not apply to "bodily injury", "property damage", or "personal and ad- vertising injury" arising out of the operations performed for the state or political subdivision; (2) This insurance does not apply to "bodily injury" or "property damage" included within the "completed operations hazard". (3) Insurance applies to premises you own, rent, or control but only with respect to the following hazards: (a) The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, " hoist away openings, sidewalk vaults, street banners, or decorations and similar expo- sures; or (b) The construction, erection, or removal of elevators; or (c) The ownership, maintenance, or use of any elevators covered by this insurance. 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 insur- ance 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. With respect to Paragraph 1.a. above, a person's or organization's status as an additional insured under this endorsement ends when: (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 insureds) at the location of the covered operations has been completed; or (2) That portion of "your work" out of which the 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. With respect to Paragraph 1.b. above, a person's or organization's status as an additional insured under this endorsement ends when their written contract or written agreement with you for such premises or facilities ends. With respects to Paragraph 1.c. above, this insurance does not apply to any "occurrence" which takes place after the equipment rental or lease agreement has expired or you have returned such equipment to the lessor. The insurance provided by this endorsement applies only if the written contract or written agreement is signed prior to the "bodily injury" or "property damage". We have no duty to defend an additional insured under this endorsement until we receive written notice of a "suit" by the additional insured as required in Paragraph b. of Condition 2. Duties In the Event Of Occurrence, Offense, Claim Or Suit under Section IV - Commercial General L�qt 6 Condi- tions. y`y� 8" © 2013 Liberty Mutual Insurance CG 38 10 04 13 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Page 4 of 8 2. With respect to the insurance provided by this endorsement, the following are added to Paragraph 2. Exclusions under Section I - Coverage A - Bodily Injury And Property Damage Liability: This insurance does not apply to: a. "Bodily injury" or "property damage" arising from the sole negligence of the additional insured. b. "Bodily injury" or "property damage" that occurs prior to you commencing operations at the location where such "bodily injury" or "property damage" occurs. c. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the render- ing of, or the failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occur- rence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of, or the failure to render, any professional architectural, engineering or surveying services. d. "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 the 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. e. Any person or organization specifically designated as an additional insured for ongoing operations by a separate ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS endorsement is- sued by us and made a part of this policy. 3. 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: a. Required by the contract or agreement; or b. 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 Declaratio ns. H. PRIMARY AND NON-CONTRIBUTORY ADDITIONAL INSURED EXTENSION This provision applies to any person or organization who qualifies as an additional insured under any form or endorsement under this policy. Condition 4. Other Insurance of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS is amend- ed as follows: a. The following is added to Paragraph a. Primary Insurance:\9ek>, U. e If an additional insured's policy has an Other Insurance provision making its policy exce� ou have agreed in a written contract or written agreement to provide the additional insuro Na primary and noncontributory basis, this policy shall be primary and we will not sew\\�r r i'yq�4k the additional insured's policy for damages we cover. © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 5 of 8 b. The following is added to Paragraph b. Excess Insurance: When a written contract or written agreement, other than a premises lease, facilities rental contract or agreement, an equipment rental or lease contract or agreement, or permit issued by a state or political subdivision between you and an additional insured does not require this insurance to be primary or primary and non-contributory, this insurance is excess over any other insurance for which the addi- tional insured is designated as a Named Insured. Regardless of the written agreement between you and an additional insured, this insurance is excess over any other insurance whether primary, excess, contingent or on any other basis for which the additional insured has been added as an additional insured on other policies. I. ADDITIONAL INSUREDS - EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE" ® This provision applies to any person or organization who qualifies as an additional insured under any form or endorsement under this policy. 1. The following is added to Condition 2. Duties In The Event Of Occurrence, Offense, Claim or Suit: An additional insured under this endorsement will as soon as practicable: a. Give written notice of an "occurrence" or an offense that may result in a claim or "suit" under this insurance to us; s b. Tender the defense and indemnity of any claim or "suit" to all insurers whom also have insurance available to the additional insured; and c. Agree to make available any other insurance which the additional insured has for a loss we cover under this Coverage Part. d. We have no duty to defend or indemnify an additional insured under this endorsement until we receive written notice of a "suit" by the additional insured, 2. The limits of insurance applicable to the additional insured are those specified in a written contract or written agreement or the limits of insurance as stated in the Declarations of this policy and defined in Section III - Limits of Insurance of this policy, whichever are less. These limits are inclusive of and not in addition to the limits of insurance available under this policy. J. WHO IS AN INSURED -INCIDENTAL MEDICAL ERRORS / MALPRACTICE WHO IS AN INSURED - FELLOW EMPLOYEE EXTENSION - MANAGEMENT EMPLOYEES Paragraph 2.a.(1) of Section II -Who Is An Insured is replaced with the following: (1) "Bodily injury" or "personal and advertising injury": (a) To you, to your partners or members (if you are a partnership or joint venture), to your members (if you are a limited liability company), to a co -"employee" while in the course of his or her employ- ment or performing duties related to the conduct of your business, or to your other "volunteer workers" while performing duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of that co -"employee" or "volunteer worker" as a consequence of Paragraph (1) (a) above; (c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs (1) (a) or (b) above; or (d) Arising out of his or her providing or failing to provide professional health care services. H--ppwever, if you are not in the business of providing professional health care services or provi ' Ibrofes- sional health care personnel to others, or if coverage for providing professiona I care ser- vices is not otherwise excluded by separate endorsement, this provision (1�kW aph (d)) does apply. �`� _ as Paragraphs (a) and (b) above do not apply to "bodily injury" or "personal and adverti�a i ' "(paLs�10 an "employee" who is acting in a supervisory capacity for you. Supervisory capacity Il ail ans the "employee's" job responsibilities assigned by you, includes the direct sup e vfs""ion (fi Fr'employ- ees" of yours. However, none of these "employees" are insureds for "bodily injury" Opersonal and © 20131-iberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 6 of 8 advertising injury" arising out of their willful conduct, which is defined as the purposeful or willful intent to cause "bodily injury" or "personal and advertising injury", or caused in whole or in part by their intoxica- tion by liquor or controlled substances. The coverage provided by provision J. is excess over any other valid and collectable insurance available to your "employee". K. NEWLY FORMED ORADDITIONALLY ACQUIRED ENTITIES Paragraph 3. of Section II -Who Is An Insured is replaced by the following: 3. Any organization you newly acquire or form and over which you maintain ownership or majority interest, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded only until the expiration of the policy period in which the entity was acquired or formed by you; b. Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and c. Coverage 8 does not apply to 'personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. d. Records and descriptions of operations must be maintained by the first Named Insured. No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations or qualifies as an insured under this provision. L. FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES Under Section IV - Commercial General Liability Conditions, the following is added to Condition 6. Repre- sentations Your failure to disclose all hazards or prior "occurrences" existing as of the inception date of the policy shall not prejudice the coverage afforded by this policy provided such failure to disclose all hazards or prior 'occurrences" is not intentional. M. KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT Under Section IV - Commercial General Liability Conditions, the following is added to Condition 2. Duties In The Event of Occurrence, Offense, Claim Or Suit: Knowledge of an 'occurrence", offense, claim or "suit' by an agent, servant or "employee" of any insured shall not in itself constitute knowledge of the insured unless an insured listed under Paragraph 1. of Section II - Who Is An Insured or a person who has been designated by them to receive reports of "occurrences", offenses, claims or "suits" shall have received such notice from the agent, servant or "employee". N. LIBERALIZATION CLAUSE If we revise this Commercial General Liability Extension Endorsement to provide more coverage without additional premium charge, your policy will automatically provide the coverage as of the day the revision is effective in your state. O. BODILY INJURY REDEFINED Under Section V - Definitions, Definition 3. is replaced by the following:d�� 3. 'Bodily Injury" means physical injury, sickness or disease sustained by,o����s0n. This Intl s mental anguish, mental injury, shock, fright or death the 4 results from su h ph soal in �}Gk- ness or disease. �A ��\rA �P. cSU�` f .\ C © 20131-iberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 7 of 8 P. EXTENDED PROPERTY DAMAGE Exclusion a. of COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY is replaced by the following: a. Expected Or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to 'bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. _ Q. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US - WHEN REQUIRED IN A CONTRACT ORAGREEMENT WITH YOU Under Section IV - Commercial General Liability Conditions, the following is added to Condition 8. Trans- fer Of Rights Of Recovery Against Others To Us: We waive any right of recovery we may have against a person or organization because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products -completed operations hazard" provided: 1. You and that person or organization have agreed in writing in a contract or agreement that you waive such rights against that person or organization; and 2. The injury or damage occurs subsequent to the execution of the written contract or written agree- ment, ( VI. ''\'(y,. © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 8 of 8 A40" h® CERTIFICATE OF LIABILITY INSURANCE DAM(MMI DRYYYY ) 018 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 lieu of such endomement(s). PRODUCER CONTACT NAME: Erika Sokolik Arthur J. Gallagher & Co. Insurance Brokers Of CA Inc .LIC #0726293 PNONE FAX uC No Eat: 818-534-3558 LAIC, No:818-316-0990 aooaEss: Edka Sokolik a' .com 21820 Burbank Blvd. Suite 175 INSURERS AFFORDING COVERAGE NAICN Woodland Hills CA91367 INSURER A: Insurance Company of the West 27a47 INSURED Downey Vendors .1 11 O2> INSURER B : 6814 Suva Street I Bell Gardens, CA 90201��� b, / INSURERC: INSURERD: INSURER E: INSURER F : COVERAGES CERTIFICATE NUMBER: 1245914796 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. ILTRR TYPE OFINSURANCE ADDL SUER. POLICY NUMBER I POLICY EFF POLICY EXP MMIDD/YYYY MWDDNM LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ TRENTED Cl-AIMS-MADE1:1DAMAGE OCCUR PREMISES (Ea occurrence) _$ _ MED EXP(Any one person) $ PERSONAL &ADV INJURY $ GEN'LAGGREGATE LIMITAPPLIES PER GENERAL AGGREGATE $ POLICY _ PRO- JECT J LED PRODUCTS-COMP/OP AGO $ OTHER. $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ (Ea accident ANY AUTO BODILY INJURY (Per person) $ OPMED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ _ HIRED NON-OMED PROPERTY DAMAGE S AUTOS ONLY AUTOS ONLY (Peraccitlentl - $ UMBRELLAUAB OCCUR EACH OCCURRENCE $ 11 EXCESS LIAB CLAIMS -MADE_ AGGREGATE $ DED I RETENTION$ S A WORKERS COMPENSATION 1 WVE503733301 726/2018 7262019 X PER OTH- STATUTE ER_ AND EMPLOYERS' LIABILITY ANYPROPRETORIPARTNER/EXECUTIVE V� EL EACH ACCIDENT $1,OOgWO OFFICERIMEM BER EXCLUDED'! NIA (Mandatory in NH) E L DISEASE - EA EMPLOYEE $ 1pOg0D0 If yyes, describe under -- --- DESCRIPnON OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $1000,000 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is requir'tl� Evidence of insurance only.e� f �GgP City of Santa Ana 20 Civic Center Sth Floor Santa Ana CA 92702 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 /Z 9)1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD "`MCERTIFICATE OF LIABILITY INSURANCE DATE(MMIDOrr" THIS CERTIFICATE IS ISSUED AS CERTIFICATE DOES NOT AFFIRM MA rIVE1.1i R OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON TH 11/6/2019 CERTIFICATE HOLDER. THIS BELOW. THIS CERTIFICATE OF I SURAI OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE CE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE AFFORDED BY THE POLICIES REPRESENTATIVE OR PRODUCER, kND Tli ISSUING E CERTIFICATE HOLDER. INSURER(S), AUTHORIZED IMPORTANT: If the certificate holds is an DDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, sublet this certificate does to th terms and conditions of the Policy, certain policies may require an endorsement. A statement on not confer right to the ertificate holder in lieu of such endorsement(s). PRODUCER Arthur J. Gallagher & Co. CONTAC Edka SOk011k 77 PNONE 818534-3558 FAx x . 818.316.0990 Insurance Brokers of CA, Inc. LIC 2629 21820 Burbank Blvd. Suite 175 EMAIL , Edka Sokolik a' Woodland Hills CA 91367 .corn INSURED Downey Vendors 6814 Suva Street Bell Gardens, CA 90201 COVERAGFS rebTrnrArc .rr r..rs,•... ..._.. .. _._ THIS INSR IS TO CERTIFY THAT THE POLICI NOTWITHSTANDING ANY MAY BE ISSUED OR MA AND CONDITIONS OF SUC TYPE OF INSURANCE X S OF I EOUIR PERT POLIC ADDL Y SURANCE MENT, IN, ES. BRL LISTED BELOW HAVE BEEN TERM ORCONDITION OF ANY THE INSURANCE AFFORDED BY LIMITS SHOWN MAY HAVE BEEN POLICY NUMBER ISSUED TO CONTRACTOR THE POLICIES REDUCED BY PVUDCDYEFF 4/1/2019 THE INSURED OTHER DESCRIBED PAID CLAIMS. FOLICOYEXPLIMBA YYYYj Kt:VISIO NAMEDN DOCUMENT HEREIN I BOOVE ED I TjPOLICYIODINDICATED. WITH RESPETHISCERTIFICATE SUBJECT TMS,EXCLUSIONS COMMERCIALGENERALUABILRY CLAIMS.MADE�OCCUR BKW56585014 4/1/2020EACH OCCU RENCE APREMI S ewes ce MED EXP one arson PERSONAL S ADV INJURY $1,000,000 GEN1 AGGREGATE UMRAPPUES PER: GENERALA REGATE $2,000,000 A X JPERR1:1 LOC POLICY OTHER: AUTOMOBILE LIABILITY X ANY AUTO BAW56585014 4/1/2019 4/1/2020 PRODUCTS- OMP/OPAGG $2000000 COMBINERS NGLEUMIT $ $1,000,000 Y(Per person) $ OWNED AUTOSONLY AUTSCHO$EDULEO AUT X HIRED X NONONMED AUTOS ONLY AUTOS ONLY BODILY INJU BODILY INJU Y (Por ecGdenl) s PROPS Ee D AGEiftr E RENCE E $10.000,000 B X UMBRELALVU! X OCCUR EXCESS LIAR ClA1Ms-MAD USA56586014 4H/2019 4/72020 EACH OCCU DED X RETENTION$ AGGREGATE S10,000,000 WORKERS COMPENSATION E AND EMPLOYERS' LIABILITY YIN ANYPROPRIETORIPARTNERIEXECUTNE OFFICERIMEMBEREXCLUDED9 (Mendatery In NMI NIA I STATUTI ERµ E.L. EACH ACCIDENT $ E.L DISEASE EA EMPLOYEE E byes, describe antler DESCRIPTION OF OPERATIONS below E.LDISEASE SI,= E1,000 POLICYLIMIT S A HIrsd AV PD CoUelon Dee. BAW56585014 4/1/2019 4/1/2U20 DESCRIPTION OFOPERATIONS ILOCATIONSIVEHI City of Santa Ana, Risk Management, it's General Liability coverage on a primary an U:S'AC fOcels, non c D 101,AddItlonal Remarks B .dule,rsaybeH .hedXrsoreapece lerago.d) mployees, agents, representatives, and volunteers are included as Additio ntdbUtory basis per attached form CG 88100413. 30 days Notice of Cancel al Insureds with respect to allon Applies. R VIE & APPROVED CERTIFICATE HOLDER MAKISK MANVIGEMENT UIVISIUN --Z=.._.. -_.__. V 13 2019 SHOULD ANY OF THE ABOVE DESCRIBED THE EXPIRATION DATE THEREOF, Ni City of Santa Ana ACCORDANCE WITH THE POLICY PROVISII Risk Management M. LAMBERT 20 Civic Center PI AUTHGRIZEDREPRESENTATWE Santa Ana CA 92702 /jiYr �t• avv-Av rO qt, ACORD 25 (2016103) TheACORD name and logo are registered marks of ACORD ES BE CANCELLED BEFORE WILL BE DELIVERED IN rights c a a COMMERCIAL GENERAL LIABILITY CG 88 10 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CO MERCIAL GENERAL LIABILITY EXTENSION This endorsement modifies insurance provided under the following: COMMERCIAL GENEF AL LIABILITY COVERAGE PART INDEX SUBJECT NON -OWNED AIRCRAFT NON -OWNED WATERC" PROPERTY DAMAGE LIAE EXTENDED DAMAGE TO I MEDICAL PAYMENTS EXl EXTENSION OF SUPPLEM ADDITIONAL INSUREDS - PRIMARY AND NON-CONT ADDITIONAL INSUREDS - WHO IS AN INSURED - INC INSURED - FELLOW EMPLI NEWLY FORMED OR ADD[ FAILURE TO DISCLOSE HA KNOWLEDGE OFOCCURR. LIBERALIZATION CLAUSE BODILY INJURY REDEFINE EXTENDED PROPERTY DAI WAIVER OF TRANSFER OF WHEN REQUIRED IN A COI CG 88 10 04 13 -,ELEVATORS :RTY RENTED TO YOU (Tenant's Property Damage) 2Y PAYMENTS -COVERAGES A AND B INTRACT, AGREEMENT OR PERMIT ORY- ADDITIONAL INSURED EXTENSION JDED PROTECTION OF YOUR "LIMITS OF INSURANCE" 'AL MEDICAL ERRORS/MALPRACTICE AND WHO IS AN EXTENSION -MANAGEMENT EMPLOYEES LLY ACQUIRED ENTITIES 5, AND PRIOR OCCURRENCES i OFFENSE, CLAIM OR SUIT OF RECOVERY AGAINST OTHERS TO US '� OR AGREEMENT WITH YOU ® 2013 Liberty Mutual Insurance yrlg led material of Insurance Services Office, Inc., with its permission. PAGE 2 2 2 2 3 3 3 5 6 6 7 7 7 7 7 8 a Page 1 of 8 With respect to coverage afforded by this endorsement, the provisions of the policy applN unless modified by the endorsement. A. NON -OWNED AIRCRAFT Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury And Properly Damage Liability, exclusion g. Aircraft, A ito Ot Watercraft does not apply to an aircraft provided: 1. It is not owned by ny insured; 2. It is hired, charterec or to 3ned with a trained paid crew; 3. The pilot in comma id hc Ids a currently effective certificate, issued by the duly cor stituted authority of the United States o Ame ica or Canada, designating her or him a commercial or aii line pilot; and 4. It is not being used to car persons or property for a charge. However, the insurance affonled by this provision does not apply if there is available to the insured other valid and collectible ins rant , whether primary, excess (other than insurance written to apply specifically e in excess of this policy) contingent or on any other basis, that would also apply to this loss covered under this provision. B. NON -OWNED WATERCRAFT s Under Paragraph 2. Exclusions of Section 1- Coverage A - Bodily Injury And Property D mage Liability, Subparagraph (2) of exclusion g. Aircraft, Auto Or Watercraft is replaced by the following: This exclusion does not apply to: (2) A watercraft yo i do rot own that is: (a) Less than 2 feet long; and a (b) Not being i ised t carry persons or property for a charge. C. PROPERTYDAMAGE LI BILI -ELEVATORS 1. Under Paragraph 2. Excit sions of Section I - Coverage A - Bodily Injury And Prop rty Damage Liabil- ity, Subparagraphs (3), ( ) and (6) of exclusion j. Damage To Property do not appy if such "property damage" results In: m th use of elevators. For the purpose of this provision, elevE tors do not include vehicle lifts. Vehicle lifts re lifts or hoists used in automobile service or repair open Itions. 2. The following is added to Section IV - Commercial General Liability Conditions, Condition 4. Other Insurance, Paragrap I b. Excess Insurance: The insurance afforded by this provision of this endorsement is excess over any roperty insurance, whether primary, a cess, contingent or on any other basis. D. EXTENDED DAMAGE TO PRO ERTY RENTED TO YOU (Tenant's Property Damage) C If Damage To Premises I lentecTo You is not otherwise excluded from this Coverage Pa : 1. Under Paragraph 2. Exclusions of Section I -Coverage A -Bodily Injury and Property Damage Liability: it a. The fourth from the I at paragraph of exclusion j. Damage To Property is replaced by the follow- ing: Paragraphs (1), 3) an (4) of this exclusion do not apply to "property damage,, other than damage by fire, lightning, explosion, smoke, or leakage from an automatic fire protection system) to: (i) Premises rented t 3 you for a period of 7 or fewer consecutive days; or (11) Contents th 3t you rent or lease as part of a premises rental or lease agreen lent for a period of more than days. Paragraphs (1), (3) arid (4) of this exclusion do not apply to "property dame e" to contents of premises rented to yoY for a p iod of 7 or fewer consecutive days. A separate limil of isu nce pplies to this coverage as described in Sa ion III - Limits of Insurance. ® 2013 Leert u al Insurance CG 88 10 04 13 Includes pydgjtted material of Insurance services Office, Inc., with its permission. Page 2 of 8 I b. The last paragi aph c f subsection 2. Exclusions is replaced by the following: Exclusions c. throug i n. do not apply to damage by fire, lightning, explosio , smoke or leakage from automatic fire protection systems to premises while rented to you or tern Jorarily occupied by you with permission of the owner. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section III - Limits Of Insurance. 2. Paragraph 6. under Secti n III - Limits Of Insurance is replaced by the following: 6. Subject to Par igrapt 5. above, the Damage To Premises Rented To You Until is the most we will pay under Cov, rage A for damages because of "property damage" to: a. Any one pi emis (1) While rentec to you; or (2) While rented to you or temporarily occupied by you with permission of the owner for damage by fire, lightning, explosion, smoke or leakage from automatic protection sys- tems; or b. Contents t iat yo i rent or lease as part of a premises rental or lease agreerr ant. 3. As regards coveraC a pro Aded by this provision D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Pro ertyDamage) - Paragraph 9.a. of Definitions is replaced with the following: 9.a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that Indemnified any person or organization for damage by fire, lightning, explosion, smoke, or leakage from Autorridtic fire protection systems to premises while rented to you or temporarily occupied by y u with the permission of the owner, or for damage to contents of such premises that are include in ybur premises rental or lease agreement, is not an "insured contract". E. MEDICAL PAYMENTS I If Coverage C Medical are amended as follows: Under Paragraph 1 (b) of Paragraph a. (b) The expenses F. EXTENSION OF SUPPLI 1. Under Supplementi b. Up to $3,000 h out of the use to furnish these 2. Paragraph 1.d. Is re d. All reasonable defense of the off from work. G. ADDITIONAL INSURED; 1. Paragraph 2, under organization whom agreement or perm liability for "bodily or in part by: a. Your acts or on of your on going written agreem sonal and adve written agreem) CG 88 10 04 13 Includes is not otherwise excluded, the Medical Payments Agreement of Section I - Coverage C - Medical Pa by the following: I and reported within three years of the date of the PAYMENTS -COVERAGES A AND B - Coverages A and B, Paragraph 1.b. is replaced costlof bail bonds required because of accidents or traffic any ehicle to which the Bodily Injury Liability Coverage a by the following: incurred by the insured at our request to assist us in "suit", including actual loss of earnings up to $500 a BY CONTRACT, AGREEMENT OR PERMIT ided by this policy nits, Subparagraph dent; and the following: violations arising is. We do not have he investigation or ey because of time iecticjn II - Who is An Insured is amended to include as an Ins red any person or you (have agreed to add as an additional insured in a writ contract, written Su h person or organization is an additional insured but o ly with respect to )jury", "property damage" or "personal and advertising injury' caused in whole or the acts or omissions of those acting on your behalf, in the performance tons for the additional insured that are the subject of the written contract or ivided that t 'bodily injury" or "property damage" occurs, or the "per - injury" �s co itted, subsequent to the signing of such written contract or '� si ® 2013 Libe utu I s rants tied material of Insurance Services office, Inc., with Its permission. Page 3 of 8 b. Premises or facilities rented by you or used by you; or c. The maintenan e, operation or use by you of equipment rented or leased to y u by such person or organization; or d. Operations performed by you or on your behalf for which the state or politcal subdivision has issued a permii subject to the following additional provisions: (1) This insurance does not apply to "bodily injury", "property damage", or "personal and ad- vertising i jury" arising out of the operations performed for the state or political subdivision; (2) This insur nce oes not apply to "bodily injury" or "property damage" included within the .completec ope tions hazard". (3) Insurance appIle3 to premises you own, rent, or control but only with respect to the following hazards: (a) The existence, maintenance, repair, construction, erection, or reryoval of advertising signs, awni gs, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners, or decorations and similar expo- sures; or (b) The c nstru ion, erection, or removal of elevators; or a (c) Theo ners p, maintenance, or use of any elevators covered by this Insurance. However: 1. The insurance afforded to such additional insured only applies to the extent peTnitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insur- ance afforded o suc additional insured will not be broader than that which you are required by c the contract or agreement to provide for such additional insured. With respect to P rags h 1.a. above, a person's or organization's status as a additional insured under this endorse ent Ends when: (1) All work, i cludl materials, parts or equipment furnished in connection with such work, on the project (oche than service, maintenance or repairs) to be performed b or on behalf of the additional nsure (s) at the location of the covered operations has been roi ipleted; or (2) That portio of 'your work" out of which the injury or damage arises ias been put to its intended use by any person or organization other than another contract r or subcontractor engaged in perfo ming operations for a principal as a part of the same proj ct. With respect to Paragraph 1.b. above, a person's or organization's status as ar additional insured under this enclorsei ent ends when their written contract or written agreement with you for such c premises or fadlitieE ends. a With respects to P , graph 1.c. above, this insurance does not apply to any "occu once" which takes place after the equif ment rental or lease agreement has expired or you have return ad such equipment to the lessor. a The insurance provi ad this endorsement applies only if the written contract oi written agreement is signed prior to the "bodi y injury" or "property damage". We have no duty t defend an additional insured under this endorsement until we receive written notice of a "suit" b the additional insured as required in Paragraph b. of Conditi n 2. Duties In the Event Of Occurrence, Offense, Claim Or Suit under Section IV - Commercial General Liability Condi- tions. /i�11�1I CG 88 10 04 13 Includes copyri hted material ofInsurance ' Services office, ff e, Inc., with its permission. Page 4 of 8 n a 3 2. With respect to the insu�ance provided by this endorsement, the following are aided to Paragraph 2. Exclusions under Section I -Coverage A -Bodily Injury And Property Damage Liability: This insurance dos not apply to: a. "Bodily injury" or "property damage" arising from the sole negligence of the additional insured. b. "Bodily injuryor 'property damage" that occurs prior to you commencing operations at the location where such "bodily injury" or "property damage" occurs. c. "Bodily injury" "proerty damage" or "personal and advertising injury" arisi g out of the render- ing of, or the allure to render, any professional architectural, engineering oi surveying services, including: (1) The preps ing, ipproving, or failing to prepare or approve, maps, shop drawings, opinions, reports, s rveys, field orders, change orders or drawings and specifications; or (2) Supervisorr, ins action, architectural or engineering activities. This exclusion app !as ei an if the claims against any insured allege negligence or Aher wrongdoing in the supervision, hi ing, amployment, training or monitoring of others by that insured, if the "occur- rence" which caw ad th 3 "bodily injury" or "property damage", or the offenSE which caused the "personal and adv rosin injury", involved the rendering of, or the failure to render, any professional architectural, engin eying or surveying services. d. "Bodily injury" or"pioperty damage" occurring after: (1) All work, i cludi g materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed b or on behalf of the additional insure (s) at the location of the covered operations has been coi npleted; or (2) That portion of your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in perfo ming operations for a principal as a part of the same prof ct. e. Any person or rgani ation specifically designated as an additional insured for ongoing operations by a separate kDDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS endorsement is- sued by us and made a part of this policy. 3. With respect to the nsuraiice afforded to these additional insureds, the following is added to Section III -Limits Of Insuranc : If coverage provided tote additional insured is required by a contract or agreement, the most we will pay on behalf of the additi nal Insured is the amount of insurance: a. Required by the contr ct or agreement; or b. Available under the a plicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement s all n t increase the applicable Limits of Insurance shown in th Declaratio ns. H. PRIMARY AND NON -CO TRIBLITORY ADDITIONAL INSURED EXTENSION This provision applies t any I arson or organization who qualifies as an additional insu ed under any form or endorsement under It is pollcy. Condition 4. Other Insurance of SECTION IV - COMMERCIAL GENERAL LIABILITY CON ATIONS is amend- ed as follows: a. The following is add ad to Paragraph a. Primary Insurance: If an additional insu ed's policy has an Other Insurance provision making its poll excess, and you have agreed in a wri en c ntract or written agreement to provide the additional insured coverage on a primary and noncontibutor t basis, this policy shall be primary and we will not seek contribution from the additional insure 's pc Icy for damag we cover. ® zu'I ur 'iislIra,,,ce CG 88 10 04 13 Includes opydg ted material of Insurance Services e, Inc., with Its permission. Page 5 of 8 g t b. The following is added t¢ Paragraph b. Excess Insurance: When a written coi itract lor written agreement, other than a premises lease, facilibi is rental contract or agreement, an equ Amen rental or lease contract or agreement, or permit issued Dy a state or political subdivision betwe n . I and an additional insured does not require this insure to be primary or primary and non- ntribytcry, this insurance is excess over any other insurance for which the addi- tional insured is de ignattd as a Named Insured. Regardless of the vritten agreement between you and an additional insured, this insurance is excess over any other ins rant whether primary, excess, contingent or on any other basis for which the additional insured as b an added as an additional insured on other policies. ADDITIONAL INSURE[ This provision applies or endorsement under 1. The following An additional a. Give writti this insur® b. Tender th, insurance c. Agree to r cover unde d. We have r we receive -EXTENDED PROTECTION OF YOUR "LIMITS OF anylperson or organization who qualifies as an additional d to Condition 2. Duties In The Event Of Occurrence, OI under this endorsement will as soon as practicable: ;e of an "occurrence" or an offense that may result in a us; defense and indemnity of any claim or "suit" to all insure ,ailadle to the additional insured; and ike vailable any other insurance which the additional insur this overage Part. d under any form ,a, Claim or Suit: m or "suit" under whom also have has for a loss we to defend or indemnify an additional insured under thig endorsement until notice of a "suit" by the additional insured. 2. The limits of in ;uran applicable to the additional insured are those specified in a written contract or written agreamers or the limits of Insurance as stated in the Declarations of this policy and defined in Sec ion I 1 - Limits of Insurance of this policy, whichever are le s. These limits are inclusive of anc not iri addition to the limits of insurance available under this PC licy. J. WHO IS AN INSURED -1 MCIDENTAL MEDICAL ERRORS/MALPRACTICE WHO IS AN INSURED - ELLC W EMPLOYEE EXTENSION - MANAGEMENT EMPLOYEE Paragraph 2.a.(1) of Sec ion II -Who Is An Insured is replaced with the following: (1) "Bodily injury" or "personal and advertising injury": (a) To you, to your partric is or members (if you are a partnership or joint venture), to your members (if you are a limited liab lity company), to a co -"employee" while in the course o his or her employ- ment or performing Julies related to the conduct of your business, or to your other "volunteer workers" while perfor ing duties related to the conduct of your business; (b) To the spouse, child, I parent, brother or sister of that co -"employee" or "volu teer worker" as a consequence oil Paragraph (1) (a) above; (c) For which therE is arty obligation to share damages with or repay someone else who must pay damages becau 5e of the injury described in Paragraphs (1) (a) or (b) above; or (d) Arising out of In s or her providing or failing to provide professional health care services. However, if you are not in the business of providing professional health care services or providing profes- sional health care personnel to others, or if coverage for providing profession I health care ser- vices is not otherwise excluded by separate endorsement, this provision (Paragraph (d)) does not apply. Paragraphs (a) and (b) a ova cc not apply to "bodily injury" or "personal and advertising injury" caused by an "employee" who is a ting I i a supervisory capacity for you. Supervisory capacity as used herein means the "employee's" job responsibilities ssign by you, includes the direct supervision of other "employ- ees" of yours. However, non of thes "em to ees" 1a2re)' sureds for "bodily injury" or "personal and ® 3 L e tu$1 T"ns Inc CG 88 10 04 13 Includes copyrighted material of Ins ante Services Office Inc., with Its permission. Page 6 of 8 a advertising injury" arising cause "bodily injury" or " tion by liquor or controlled The coverage provided by your "employee". K. NEWLY FORMED OR ADDI Paragraph 3. of Section II 3. Any organization interest, will cual organization. lloA a. Coverage urn which the ant b. Coverage A d acquired crfc c. Coverage B i committed be d. Records a d t No person or organi venture or limited I as an insured under L. FAILURE TO Under Section IV - sentations: Your failure to disc) se shall not prejudice he prior "occurrences" is M. KNOWLEDGE OF Under Section IV - In The Event of Occ Knowledge of an ' insured shall not in 1. of Section II - WI "occurrences", offe "employee". N. LIBERALIZATION If we revise this Cam additional premium cl effective in your state. O. BODILY INJURY Under Section V - 3. "Bodily Injury" mental anguist ness or disease CG 88 10 04 13 Includes of their willful conduct, which is defined as the purpose�l or willful intent to mal and advertising injury", or caused in whole or in art by their intoxica- J. is excess over any other valid and collectable itjsurance available to NALLY ACQUIRED ENTITIES io Is An Insured is replaced by the following: newly acquire or form and over which you maintain o nership or majority as a Named Insured if there is no other similar insurer ce available to that ler this provision is afforded only until the expiration of the policy period in ty was acquired or formed by you; oes not apply to "bodily injury" or "property damage" that occurred before you rm d the organization; and loss not apply to "personal and advertising injury" arising out of an offense forg you acquired or formed the organization. les riptions of operations must be maintained by the first Named Insured. is On insured with respect to the conduct of any current or p st partnership, joint co pany that is not shown as a Named Insured in the Deal rations or qualifies wi ion. ZA RDS AND PRIOR OCCURRENCES rci 31 General Liability Conditions, the following is added to Condition 6. Repre- a I hazards or prior "occurrences" existing as of the inceptic n date of the policy cqq erage afforded by this policy provided such failure to disclose all hazards or no intentional. MN�E, OFFENSE, CLAIM OR SUIT arci 0 General Liability Conditions, the following is added to Condition 2. Duties Offense, Claim Or Suit: :urr nce", offense, claim or "suit" by an agent, servant or "employee" of any elf 3onstitute knowledge of the insured unless an insured listed under Paragraph Is An Insured or a person who has been designated by them to receive reports of ss, claims or "suits" shall have received such notice from the agent, servant or feral Liability Extension Endorsement to provide n policy will automatically provide the coverage as of 3. is replaced by the following: physical injury, sickness or disease sustained by a injury, shock, fright or death that results from such ® 2013 4ibrtyu yuallsu�r�ce material of Insurance Services OM a nc., with its permission. coverage without day the revision is This includes I Injury, sick - Page 7 of 8 P. EXTENDED PROPERI Exclusion a. of COVI following: a. Expected Or "Bodily injui) This exclusion reasonable fc Q. WAIVER OF TRANSFI CONTRACT OR AGRE Under Section IV - Cc far Of Rights Of Reco% We waive any righ make for injury < x = contract with that provided: 1. You and that waive such ric 2. The injury or ment. CG 88 10 04 13 Includes i i )A GE iGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY is replaced by the Boded Injury or 'property damage" expected or intended from the stand oint of the insured. foe not apply to "bodily injury" or "property damage" resu ting from the use of to protect persons or property. OF RIGHTS OF RECOVERY AGAINST OTHERS TO US - WHEN REQUIRED IN A ENT WITH YOU mer'ial General Liability Conditions, the following is added t� Condition 8. Trans- y A�ainst Others To Us: of re�overy we may have against a person or organization be use of payments we damage arising out of your ongoing operations or "your ork" done under a erson or organization and included in the "products -completed operations hazard" or organization have agreed in writing in a contract nst that person or organization; and occurs subsequent to the execution of the written c �I� � .-��77��yyjjrr// 20 Lib�M�It)alsurance Ited material of Insurance Services Office, Inc., with its permission. agreement that you or written agree - Page 8 of 8 YYNEY VENDORA INC. PEMIER VEND GROUP 6814 SUVA ST. ELL GARDENS, CA 90201 PHONE: (562) c128-1801 FAX: (562) 9'rf, 8.5501 November 1 Re: City of Santo Ana Please accept #his 4ocumentation that Downey Vendors, Inc. DB?,� is Premier VendlGro D. If you have a questions or need additional information, please der not hesitate to contact tae. Thank fjFM CNT �}iViSIJN 2019 LAMBERT