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HomeMy WebLinkAboutTRIPEPI SMITHINSURANCE ON FILE WORK MAY PROCEED TIL INSURANCE EXPIRES N-2019-234 CLERK OF 6!}�1pl1J 2019 DATE: ll�ill O: Cw, AGREEMENT WITH TRIPEPI SMITH TO PROVIDE ` —a,zi ^ ON -CALL COMMUNICATIONS AND MEDIA RELATED SERVICES THIS AGREEMENT is made and entered into this 1st day of July, 2019 by and between Tripepi Smith, a California corporation ("Consultant'), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of public relations and community engagement to provide public relations and strategic communications services on an on -call basis. B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES On an as -needed basis, and at the sole discretion of the City, Consultant shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in Exhibit A, attached hereto and incorporated by reference. No press release, media statement, or social media post will be made without the approval of a representative of the City. 2. COMPENSATION a. City neither guarantees any minimum or maximum compensation to Consultant during the term of this Agreement. Consultant shall be paid only for actual services performed under this Agreement at the rates and charges identified in Exhibit A. The total compensation shall not exceed fifty thousand dollars=($50,000) during the entire term of this Agreement, including any extension periods. b. City acknowledges that this Agreement includes payment for services rendered between July 1,.2019 and the date referenced above. Page I of 8 C. Payment by City shall be made within 45 days (forty-five) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above and continue through June 30, 2020, unless terminated earlier in accordance with Section 15, below. The term of this Agreement may be extended for an additional one (1) year extension upon a writing executed by the City Manager and the City Attorney. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire tens of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 6. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, employees, agents, Page 2 of 8 volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, with $2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self-insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. C. Worker's Compensation Insurance. In accordance with the provisions of Section 3700 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self- insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Consultant is or employs a licensed- :professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim with $2,000,000 in the aggregate. e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: i. Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. ii. Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved by the City. iii. Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. iv. Where the amounts or coverage provided by the certificates of insurance provides coverage greater than those listed by this Agreement, the amounts provided by the certificates of insurance shall be incorporated by reference into the Agreement. v. Consultant shall suonly Citv with a fully executed additinnat ina„red endorsement. f. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to Page 3 of 8 indemnify the City for any work performed prior to approval of insurance by the City. INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Consultant, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section I of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 8. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 9. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. Page 4 of 8 10. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement, The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 11. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 12. DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. Page 5 of 8 14. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 15. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination, In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the City Manager may require Consultant to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 16. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 17. JURISDICTION —VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 18. PROFESSIONAL LICENSES Page 6 of 8 Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 19. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. 20. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 .Fax: 714- 647-6956 With courtesy copies to: And City Manager City of Santa Ana 20 Civic Center Plaza (M-31) P.O. Box 1988 Santa Ana, California 92702 Fax:714-647-6954 City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) Page 7 of 8 N-2019-234 P.O. Box 1988 Santa Ana, California 92702 Fax:714-647-6515 To Consultant: Tripepi Smith Attn: Chief Executive Officer P,O. Box 52152 Irvine, CA 92619 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: DAISY GOMEZ Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney 4aw'o' 1. lkw"' Laura A. Rossini Senior Assistant City Attorney CITY OF SANTA ANA: KRI� RIDGE c City Manager TRIPEPI SMITH & ASSOCIATES: �J rl�n Ryder Tbdd Smith President Page 8 of 8 EXHIBIT A SCOPE OF SERVICES TRIPEPI SMITH marketing n technology a public affairs City of Santa Ana Public Relations and Community g a, e- Support June 2w.9 Submitted by Ryder'Fodd Smith and Jon Barilone TIPI SMITH Versioni.o marketing , technology • public affairs 2 Table of Contents COVERLETTER....................................................................................................................................... 4 STATEMENTOF EXPERIENCE.................................................................................................................5 QUALIFICATIONSOF STAFF....................................................................................................................8 METHODOLOGY AND APPROACH........................................................................................................10 PROPOSED FEES FOR AD HOC WORK..................................................................................................13 CONCLUSION.........................................................................................................................................14 RESUMES...............................................................................................................................................16 Q I TRIPEPI SMITH marketing ^ technology ^ public affairs f Thank you for this opportunity to submit a proposal to continue providing public relations and community engagement services for the City of Santa Ana. We have thoroughly enjoyed the past year -plus of work with the City and have been impressed with City staffs progress when it comes to external communications. Telling your stories of success to the media and helping to identify core messages and talking points has been intellectually stimulating. We welcome the opportunity to do more! We will continue to provide ad hoc support as directed by the City Manager's Office (CMO) and support outreach efforts for hiring a new Public Information Officer (PIO). Based on recent conversations with CIAO staff, Tripepi Smith is proposing a 12-month contract with heavily reduced scope from FY 2018-19 to reflect the City's budgetary realities. The agreement would begin July 1, 2019 and end June 30, zozo. All work under this agreement would be performed on an ad hoc ("time and materials") basis not to exceed SSo,000 during the contract term. Tripepi Smith may be asked to take on additional projects outside the scope of this agreement. At such a time, Tripepi Smith would confer with the CMO to determine additional budgetary needs. Based on feedback, we believe we are adding value in the work we have done so far and there is, based on our observations, a lot more to do. Let's go do it. Regards, Ryder Todd Smith Co -Founder & Chief Executive Officer TRIPEPI SMITH marketing ^ technology « public, affairs STATEMENT OF EXPERIENCE Qualifications Overview Founded in z000 and incorporated in zooz as a California Corporation, Tripepi Smith is based in Orange County. Our firm understands California, the people, the nuances and differences between the various regions, both politically and personally. Tripepi Smith operates in a virtual office environment. No single set of walls will contain this team. Being virtual allows us to engage the right talent at the righttime, and it enables us to operate more efficiently to save money for our clients. That said, the team-3.5 members strong, composed of policy wonks, creative message developers, technology gurus, and graphic & fine artists --is located throughout Southern and Northern California. Tripepi Smith is unique in its mix of three key areas: marketing, technology and public affairs. The firm's clients include a number of nonprofits, public agencies and private companies that operate within the public sector. Much of messaging, outreach and advancing policy happens through digital communications —an area traditional public affairs firms have not been quick to adopt. Yet, Tripepi Smith hasjumped in deep with online technologies to bring tools that are more common in the private sector to public agencies. Of note is that the Tripepi Smith team includes people who are certified in social media marketing by Hootsuite, are Facebook Blueprint Certified, and have been certified in Google Analytics through Google—and our firm, as a whole, has achieved Google Partner status. Yet, despite a focus on technologies, the firm is deeply committed to understanding our clients and key messaging. Through regular conference participation, training and formal classroom work, members of the Tripepi Smith team are sanguine about public policy and the California political landscape, which makes our efforts to implement communications efforts and messaging more efficient and helps us add value for our clients. T RIPEPI SMITH marketing • technology • public affairs Tripepi Smith recognizes the important interplay of technology, marketing and public affairs. We understand the nuances of disseminating messages and how the use of websites, email and social media by organizations can build two-way communication with audiences. Tripepi Smith's understanding of key influencers, knowledge of government structure and familiarity with common issues/policies enables us to hit the ground running with clients in the public affairs world. The firm has capabilities that span the technology and communications world, including: • Strategic messaging • Media relations • Website development • Full -service graphic design • Ongoing website support • Holistic brand development • Website analytics and social media metric evaluation "Ryder Smith has been a key asset to the California City Management Foundation, I am impressed by the diversity of support he offers and his ability to anticipate opportunities and position us well. Ryder is top notch!" -Wade McKinney Immediate Past President, California City Management Foundation • Email campaign management and execution • Social media management • Full video productioniediting!distribution, particularly as optimized for the Internet • Photography production/editing • Google AdWords, Linkedln and Facebook advertising campaigns • Website Search Engine Optimization (SEO) Tripepi Smith is a committed partner with local government. Tripepi Smith is present at nearly every industry event in local government for California. Tripepi Smith Principal Ryder Todd Smith is a frequent speaker at local government conferences. Tripepi Smith is a supporter of the League of California Cities, California Contract Cities Association, Institute for Local Government, Municipal Management Association of Northern California, Municipal Management Association of Southern California and a frequent supporter of city manager gatherings and chapter events. No firm in California is more omnipresent and engaged with the city manager community than Tripepi Smith. TRIPEP9 SMITH marketing . technology - public affairs Tripepi Smith Advantages. Tripepi Smith is a unique firm. Our mix of technical prowess and policy competency can make it hard to grasp our competitive advantages over other firms, so we made it easy. In addition to our demonstrated experience and solid references, here are four reasons to work with Tripepi Smith that differentiate us from other firms and individuals who may be in the running for this contract. z. No other public affairs firm in California (that we can find) has the certifications in social media and digital platforms that Tripepi Smith has. These certifications evidence our superior understanding of these platforms relative to others. z. The breadth of Tripepi Smith's team enables us to cover everything from policy to photography and videography. This is rare and provides a cohesive single team to work with that simplifies management for your staff and ensures we can execute on a complete picture. Plus, we have people with special skills who can deliver on aspects of a more holistic communications effort. 3. Tripepi Smith is geographically attractive and can arrive onsite in a hurry during a media crisis. Our lead senior person we propose to use on this engagement lives in Aliso Viejo. Our key principal lives in Tustin. 4. As a team, Tripepi Smith is available to our clients z¢ hours per day. There's no "bad time" to call or email us, and our response will be immediate and engaged on the issue at hand. Our philosophy is that if you are calling us at z:oo in the morning, that is likely when you need us most. TRIPEPI SMITH marketing * technology ^ public affairs QUALIFICATIONS OF STAFF It is anticipated that Director Jon Barilone will be the team lead on the project. Jon will handle logistics, coordination and project management, Tripe pi Smith Principal Ryder Todd Smith will make council presentations, facilitate community discussions and actively participate with senior staff in ideation and brainstorming discussions. Business Analyst Bria Balllet will help bring ideas to life visuaIlythrough graphic design, while also assisting Jon with various marketing tasks. Business Analyst Karen ViIIasenor will provide additional project management support, research support and documentation. AdditionaITS resources will be brought to the table when needed to aid the City in telling its story. Rates of all resources remain the same as the current ad hoc engagement. Ryder Smith Ryder Todd Smith has a mixed background in the worlds of President & Co -Founder government relations, technology and marketing. He served as Contact: i er n e isrnith cam the SVP of operations and Chief Information Officer for a ` software -as -a -service startup in the financial services sector. Prior to that, he was the Technology Manager for a regional staffing firm. Ryder leads Tripepi Smith and is the ultimate project owner on all work handled by the firm. He is the creator of the City Internet Strategies Study and a frequent speaker on the local government circuit on local government use of the Internet to engage and connect with residents. He is a resident of Tustin, where he serves on the Planning Commission. Ryder graduated from Claremont McKenna College with a Bachelor of Arts in Politics -Philosophy -Economics and a dual degree in Economics. Jon Barilone Jon Barilone has a wide-ranging knowledge and skill set from Director years of Internet marketing and marketing communications work Contact: Jon( a�tri epismith.corn, in a variety of industry verticals. Jon's professional background includes search engine optimization and advertising, website content management, content writing and editing, product marketing management, and significant experience with social media marketing and community management. Jon graduated from Claremont McKenna College with a Bachelor of Arts in Literature. TRIPEPI SMITH marketing 4 technology • public affairs Bria Balliet Bria Balliet is a triple -threat of creative talent: a writer, graphic Business Analyst artist and photographer. Her skills enable her to be a complete Contact: bl;ia@tri"e ats rt.h.coni storyteller in words and visuals. She honed her skills early on at the University of California, San Diego where she majored in communications. She put her degree to work for a local publication where she rose to be the Editorial Assistant. She then transitioned her storytelling skills to the University of California, Irvine where she was a senior writer producing stories and publications about the School of Social Sciences. Bria is a Constant Contact Certified Solutions Provider and certified in Hootsuite University. Her client work includes: City of Santa Ana, City of Indian Wells, City of Hawaiian Gardens, City of Roiling Hills Estates and City of Lake Forest, Karen Villasenor Business Analyst Contact: jcarenG, tripe isp mitf7•rom See Appendix A for Resumes Karen Villasenor has always had a passion for local government and turned that into an internship with the City of Walnut while attending Cal Poly Pomona. She graduated with a Bachelor of Science in Communication and leveraged those skills as she continued her internship with the City. She has demonstrated specific interest in the use of communications in local government as evidenced by her managing significant elements of the Walnut's communication activities as she grew her responsibilities in Walnut. Additionally, Karen has gained a global view on city policy as she provides lead support for the Tripepi Smith Agenda Monitoring service wherein she reviews over Soo agendas from over zoo public agencies every month for Tripepi Smith clients. Karen certified in Google Analytics, Google Adwords, Facebook Blueprint and Hootsuite Social Media Marketing. All of the aforementioned employees are fulltime associates with Tripepi Smith. TRIPEPI SMITH marketing • technology e public affairs METHODOLOGY AND APPROACH Tripepi Smith envisions our role in this contract as a public relations and communications partner in the following ways, but not limited to: • Providing communications support and direction to the City regarding community strengths, messaging, media relations, outreach and crisis management • Facilitating creation of a communications calendarthat unifies messaging across platforms and departments, ensuring a clear city voice • Coordinating communications and messaging between departments • Working with staff to manage and develop proactive media relations efforts • Working with staff to manage social media channels daily and ensuring staff is up-to-date on latest technological tools • Monitoring social media platforms and advising the City on best practices for communicating with the public across all platforms • Measuring outreach breadth and engagement with Google Analytics and othertools • Developing articles, press releases, opinion columns, advertorials and/or pitches to promote on various targeted media outlets as requested • Managing media interviews, broadcast appearances, phone/interviews forthe City, along with developing scripts and providing interview preparation • Acting as a liaison for any media or city partners and influencers and acting as a clearinghouse for media -related inquires • Assisting with content development for radio, cable, or TV and promote on City's website, social media, and YouTube Channel o Ensuring that content, whether organically produced or from city influencers, will be consistent with City branding Services Proposed by Tripepi Smith Tripepi Smith offers a complete set of services to effectively function as the City's Public Relations and Community Outreach partner. Our firm is able to cover policy matters from content production through face- to-face community engagement. The following examples of work have been executed by members of our team, including those identified above: I() T"RIPEPI SMITH marketing • technology a public affairs Policy Strategy Expertise—Tripepi Smith can use its knowledge of policy matters and develop keytalking points that align with areas of interest for the City. Example Work: Tripepi Smith (Ryder Todd Smith) supported community education efforts related to a storm water parcel tax measure in the City of Culver City. Measure CW was passed with more than 73 percent support. Tripepi Smith coordinated the messaging, graphic design and digital efforts for resident education on the measure. Measure Page: I:ittit,/z,I�TYEl Example Work: Tripepi Smith (Melanie James & Ryder Todd Smith) supported community education efforts related to the Fountain Valley Crossing Specific Plan effort. This included assembly of a FAQ to address community misinformation. FAQ Page: I_it� ((www foul t�inv_alfey,�r�jFaq as �x?QID=zZz Graphic Design Management—Tripepi Smith has three in-house graphic artists with access to the complete Adobe Creative Suite. Our artists' experience working in public affairs expedites their development process and reduces the possibility of design direction being lost in translation. Example Work: For the City of Millbrae, Tripepi Smith (Melanie) created a series of flyers and online ads to promote their Water Utility Infrastructure Study Sessions. The City used these to help inform their community about the issues with the current system and the impacts and needs of replacing pipes and pumps. First Session Flyer: htl:bit.,(z_7hU,gF, Second Session Flyer: I : Lt,l zkQUIHC Third Session Flyer: http-../ CUZUDa Sample Facebook Advertisement for Third Session: http;jLt..I+,kUwopY Tripepi Smith also produced a postcard fortheir sewer modernization public workshop. The goal of the postcard was to inform all Millbrae residents aboutthe workshop so they could attend and learn about the program's goals: itt. jjbit l zpj2j.k y TRIPEPI SMITH marketing m technology a public affairs Content Production Support— Tripepi Smith embraces "plain language" principles to make material more approachable and helpful to the average member of the community. 9&qmQIg,WQrk: Tripepi Smith (Katherine Griffiths and Karen Villasenor) does all the work associated with the quarterly newsletterfor the City of La Canada Flintridge. That work includes not only design layout and print management, but also the editorial calendar and writing all content based on subject -matter - expert interviews with the staff. We have been responsible for every article and newsletter found here: h ttp;JJww,w,-Icf,cp,,cJoyjy_ist� Video Production Support —Tripepi Smith can work with existing video production resources on -staff or bring in our own services to generate video content to supplement the content materials we produce to reach as broad an audience as possible. Example Work: Construction Project Video: httpwJil)it.ly/z%vnz,i Public Safety Video for City of La Canada Flintridge: htt g: vimeo,cornL2 6?1426 La Canada Flintridge Anniversary Video: httG�s:((yimc� co n�za,S86S5 Claremont Police Station Tour Video: htt s: outu.he . EJfWtecNs Digital Platform Dominance —Tripepi Smith has certified team members who are masters of social media platforms. Their experience and knowledge can help the City leverage various digital platforms to cost- effectively deliver information to target audiences. Tripepi Smith has experience with multiple website content management systems and can directly support staff in adding or managing content on the website, if needed. Example Work: Tripepi Smith (Jon Barilone) executes go percent of the postings on the Culver City Facebook Page: baps:(/www. acfboakmmc irr,12y_OfCu1_v_erCityl Our work has resulted in huge increases in audiences and engagement. Tripepi Smith also monitors various social media channels for Culver City and implemented the City's Nextdoor Agency Page. Event Management and Facilitation—Tripepi Smith can leverage its breadth of skills to promote community forums and drive attendance. At the event, we can provide facilitation and coordination to seek a productive and informed conversation with attendees. Example Work: Tripepi Smith (Ryder Todd Smith) Community Forum Facilitation Meeting at City of Millbrae on Sewer Modernization Project: hops;llyautubejod6i�Hxf2Z_R7t=zmz8s Tripepi Smith (Melanie James and Katherine Griffiths) led the project management, marketing and event coordination forthe 203.7 Regional Mayor's Summit —an effortto bring various government agencies together in the San Gabriel Valley to coordinate on policy issues. The one -day event drew 12. TRIPEPI SMITH marketing < technology • public affairs nearly Soo attendees. Tripepi Smith handled the branding, signage, website and invitations, and supported speaker coordination: htt s: wniw.re_ icanalma orssummit.com pp p .__.p.._.1L__...__.. gX— _L Media Outreach—Tripepi Smith is comfortable working with the media to both inform them to ensure accuracy In their reporting and to encourage their coverage of key City messages and responses to various news items. Example Work: Tripepi Smith (Jon Barilone and Ryder Todd Smith) assisted the City Attorney's Office with a press release on LAX Settlement for Culver City: IIttp_;((hit_2..Q .Z When the Millbrae Community Center burned down and was rebuilt, Tripepi Smith (Trent Sunahara and Ryder Todd Smith) executed a dedicated webpage (htt0:/Ibit.ly/ztJRs8a) that included a series of news releases detailing all aspects of the process, beginning with the aftermath of the fire. Tripepi Smith also writes two monthly news releases when required forthe City of La Canada Flintridge (Katherine Griffiths and Ryder Todd Smith) that provide coverage of community events and accomplishments: hu 1L�it.lyL2_132r I(,[-., htW: bit.l 213dCxD6 While the City ultimately aims to hire a fulltime Public Information Officer to handle external communiciations, the City has requested interim support from Tripepi Smith with a broad set of objectives. As such, there is a need for flexibility and to use Tripepi Smith on an ad hoc basis as needed. Per the CMO's request, Tripepi Smith proposes a iz-month contract (beginning July j., zosg and ending June 30, zozo) with ad hoc work not to exceed s5o,000 during the term. Tripepi Smith recognizes that, ifthe Citydoes a larger volume of work with Tripepi Smith, then it should experience a reduction in hourly rate fees. As such, for any work that Tripepi Smith does in a given month over $4,000, Tripepi Smith will discount that work by is%. For example, if we bill s6,000 forthe month, the invoice will be discounted by $300. Time at Tripepi Smith is billed in 15-minute increments— i.e. we invoice our time in the following examples: 2,25, 0.75, 4.0 or 6.5 hours. Ad Hoc rates are as follows: Resource Standard Rates TSA Principal $250 TSA Director sago TSA Senior Business Analyst $145 TSA Business Analyst $95 is TR.IPEPI SMITH marketing , technology . public affairs TSA junior Business Analyst $70 TSA Photographer/Cameraman/Editor $95 Senior Graphic Artist $115 Graphic Artist Other Fees $95 Because Tripepi Smith offers a broad set of services, including extensive content production, we have some other content production -related fees that may come up during the course of our engagement which we want to tell you about. Equipment Fees Tripepi Smith offers some services that require equipment, such as drone operations and video production. As such, in those cases, the following rates apply: $Soo for a full day of video equipment use (includes full set of video equipment). "Full day" is defined as a shoot lasting more than four (y) hours, $300 for a half day of video equipment use. "Half day" is defined as anything up to four (y) hours of video production. All such expenses will be authorized by the client prior to fee being assessed. $soo/day drone fee applies and is not inclusive of the drone operator time (videographer rate). Printing Fees Tripepi Smith is happy to use a printer of the client's choosing for print production work, or to recommend a printer with whom we have experience. Tripepi Smith typically has the printer bill the client directly for work. Tripepi Smith makes no money on print services and has no economic interest in the selected print vendor other than ensuring quality and fair pricing for our clients. Digital Advertising Fees Tripepi Smith is a Google Partner, Constant Contact Solution Provider, and has Facebook Certified staff. We consider digital platforms to be a cornerstone element of outreach strategy; often, this comes with digital advertising fees. Tripepi Smith typically uses a client's credit card to cover such fees, and those fees are impossible to estimate at this time without our firm being engaged in the work with the team at the City. When Tripepi Smith uses its credit card to pay for digital advertising, we apply a 10 percent agency fee to the costs to recover our accounting and management oversight of the services. CONCLUSION Tripepi Smith is deeply interested in the opportunity to continue our work with the City of Santa Ana. There is an excellent foundation upon which to build and the story of Santa Ana is certainly compelling. It seems clear TRIP PI SMITH marketing ® technology • public affairs that the City knows it needs to communicate more strongly, particularly in regard to addressing community misinformation and media relations. This strikes at the core of our experience and certifications in leveraging multiple platforms for honest and informed dialogue. We are already thankful for the opportunity to be working with the City. It has been exciting to work hand -in - hand with the City Manager's office and other departments on timely messaging. We look forward to combining our efforts with staff to help the City focus (and enhance) its outreach and engagement efforts. 15 TRIPEPI SMITH marketing • mchnology - public affairs 'TRIPEPI SMITH marketing • technology • public affairs Ryder ''odd Smith PROFESSIONAL EXPERIENCE TRIPEPI SMITH —PRESIDENT as/oo - PRESENT • Provide communications advice, strategy and execution services to a range of small to mid -sized public and private sector clients spanning local government, real estate, finance, technology and healthcare verticals. MAVENT INC - SENIOR VICE PRESIDENT, OPERATIONS 5/05— "Jog • Responsible for quality assurance, technology operations and internal infrastructure organizations. • Builtteam of technology professionals to manage multi -site production environment at co -location facilities. • Managed vendor relationships and reviewed all invoices. • Brought focus to key areas, Including: system documentation, knowledge sharing with other employees, schedule management for finite resources and enhanced security. • Developed and managed the departmental budgets for three groups. MAVENT INC - VICE PRESIDENT, MARKETING 08/04 —05/05 • Managed the Company's outside PR firm relationship, creative firm relationship, corporate website, ad campaigns, conference schedule, conference logistics and internal employee communications. • Developed and managed the marketing budget. MAVENT INC -VICE PRESIDENT, GOVERNMENT RELATIONS 02/03- 08/04 • Monitored nationwide political activities that were pertinent to Mavent's interests. • Developed relationships with third -party interest groups that impacted the Company's product. • Participated in industry conferences and represented the Company at industry events. OLYMPIC STAFFING SERVICES — INFORMATION TECHNOLOGY MANAGER 01/98-11/00 • Managed and controlled all aspects of the technology environment at this five location, 35 employee company. NORTHROP GRUMMAN CORPORATION - GOV'T REPRESENTATIVE 07/97 - iz/97 • Worked directly with the Director of State and Local Government Relations to research issues of concern to Northrop Grumman. • Developed agendasto target upcoming legislative issues. • Assisted in lobbying work and development of testimony. EDUCATION CLAREMONT MCKENNA COLLEGE - CLAREMONT, CA Bachelor of Arts in Politics— Philosophy— Economics with Dual in Economics, May 1996, Cum Laude TRIPEPI SMITH marketing • technology • public affairs Jon Baritone PROFESSIONAL EXPERIENCE TRIPEPI SMITH — DIRECTOR 03/15 - PRESENT Provide account management and project management support for a variety of clients and one-time projects, including Communication Assessments, video production, ballot measure outreach and more. • Oversee ongoing communications support for clients, such as social media management, graphic design, website content creation, and newsletter execution (both electronic and print). • As needed, provide crisis communications support and media relations support, including press releases, media statements, talking points, and preparing clients for on-camera/on-air interviews with media. • Mentor team talent and provide thought leadership on how to leverage digital communication tools. CONNECTED LEARNING ALLIANCE —COMMUNITY MANAGER 09111— 03/15 • Lead development and reporting of metrics for measuring growth of distributed, international community. • Managed daily content production and curation fororganization's multiple social media channels. • Oversaw all aspects (programming, production, etc.) of webinar series that reached over135 countries. CORI NTHIAN COLLEGES — SOCIAL MEDIA SPECIALIST 07109 — 09111 • z-time "Innovation Award" winnerwithin the Marketing department. • Grew and managed online communities that spanned three brands with over 30,000+total members. • Developed brand sentiment scoring system to produce customized monthly reports for executives. SEOP, INC. — DIRECTOR OF ONLINE REPUTATION MANAGEMENT 04/08 —05109 • Spearheaded brand-new company service, turning it into a sxoo,000+business within one year. • Improved client retention rates & decreased client attrition rates by enhancing company's own digital footprint. • identified useful new Web 2,o tools and platforms that saved time and moneyon content creation for clients. EDUCATION CLAREMONT MCKEN NA COLLEGE — CLAREMONT, CA Bachelor of Arts in English/Literature PROFESSIONAL DEVELOPMENT CAPIO "SOCIAL MEDIA ACADEMY FOR GOVERNMENT COMMUNICATORS" WORKSHOP 03119 CAPIO "BACK TO BASICS — FOR PIOS BY PIOS" WORKSHOP io/16 UCI EXTENSION PUBLIC POLICY MAKING ACADEMY II oS/16 USC EXECUTIVE EDUCATION FORUM FOR POLICY FOR LOCAL LEADERS 11/15 CERTIFICATIONS GOOGLE ACADEMY FOR ADS: YOUTUBE & GOOGLE BY BUSINESS 04/19 TWITTER FLIGHT SCHOOL 05118 HOOTSUITE SOCIAL MARKETING 03/16 'lu T IP PI SMITH marketing ® technology a public affairs PROFESSIONAL EXPERIENCE TRIPEPI SMITH —BUSINESS ANALYST/GRAPHIC DESIGNER 4/18 - PRESENT • Write content for clients including press releases, articles, thought leadership pieces. • Manage creative projects and execute graphic design. • Analyze policies and strategic implications of communications related to client goals. • Photography and post -production photo editing for events andjournal publications. UNIVERSITY OF CALIFORNIA, IRVINE— SENIOR WRITER 04/25-04/s8 • Write and edit short and feature-length stories to promote the School of social Sciences. • Assist director of communications with editing speeches and letters to be delivered by school executives. • Collaborate with communications team to implement strategic marketing and communications efforts to advance the school based on current trends. • Assist with digital marketing projects and website maintenance (HTML email design, OU Campus CMS). FIREBRAND MEDIA— EDITORIAL ASSISTANT 3-2/23-04/15 • Responsible for writing and editing editorial and advertorial content for multiple publications on strict deadlines. • Adapted to different writing styles and audiences based on publication and project goals. • Worked closely with PR and marketing teams to promote their clients while achieving company objectives. • Pitched expanded social media efforts and Increased social media presence of publications across Facebook, Twitter and Instagram EDUCATION UNIVERSITY OF CALIFORNIA, SAN DIEGO—SAN DIEGO, CA Bachelor of Arts in Communications PROFESSIONAL DEVELOPMENT UCI PUBLIC POLICY MAKING ACADEMY 1 03/2-9 CERTIFICATIONS HOOTSUITE UNIVERSITY 05/3.8 CONSTANT CONTACT CERTIFIED SOLUTIONS PROVIDER 05/28 SOFTWARE • Adobe Illustrator • WordPress Microsoft Office (Word, Excel, • Adobe Photoshop • Hootsulte PowerPoint, Outlook) • Adobe InDesign • Constant Contact 19 TRIP PI SMITH marketing ^ technology Q public affairs Korea Vitlsr-r PROFESSONAL EXPERIENCE TRIPEPI SMITH —BUSINESS ANALYST 01/37 - PRESENT • Monitor meeting agendas for client interests. • Write and distribute news releases and feature stories. • Provide Google Analytics and Google Ad Words support. • Research subjects, Issues and entities in local government. CITY OF WALNUT —INTERN, CITY MANAGER'S OFFICE o8/i5-12/16 • Managed content production and curation for the City's Twitter, Instagram and Facebook accounts. • Edited and updated the City's website while developing content for anew City website for summer 2o16launch. • Assisted with the organization of City events by developing promotional materials and communicating with vendors. FILM INDEPENDENT —INTERN, CORPORATE SPONSORSHIP DEPARTMENT of/aS-6115 • Assisted with the development ofROlreports for the aos5Spirit Awards sponsors. • Tracked marketing materials, advertisements and other collateral for 2oi5 Spirit Awards and L.A. Film Festival. • Communicated with marketing department to develop sponsor -focused promotional materials. LOS ANGELES COUNTY ARTS COMMISSION— INTERN, COMMUNICATION DEPARTMENT 09/14-12/14 • Maintained media contact database to facilitate communication between the department and media outlets. • Managed press clips archive for aol4events, including For Summer Season zo1.4. • Updated and edited content for two websites: www.forstheatre.org and www.lacountyarts.org. EDUCATION CALIFORNIA STATE POLYTECHNIC UNIVERSITY, POMONA— POMONA, CA Bachelor of Science in Communication— Emphasis in Public Relations PROFESSIONAL DEVELOPMENT LOCC CRISIS COMMUNICATION WORKSHOP 05/17 CERTIFICATIONS GOOGLE ADWORDS 05117 GOOGLE ANALYTICS 03/17 HOOTSUITE SOCIAL MARKETING 01117 ZU ACORO" TRIPSMI-01 CERTIFICATE OF LIABILITY INSURANCE NWHA LEY DATE (MMMDIYWY) 1011612019 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(ies) 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 endorsements . PRODUCER Licenae # OG19762 CONTACT Ash Williams Momentous Insurance Brokerage Inc 5990 Sepulveda Blvd., #550 Van Nuys, CA 91411 N-2019-234 PHONE FAX INC, No, Ext): (818) 933-9879 1 (A/C, Nol:(818) 933-2285 EWAIL .ash.williams mmibi.com INSURER(SI AFFORDING COVERAGE NAICN INSURER A: Lloyd's of London Underwriters INSURED INSURER B : INSURER C : Tripepi Smith & Associates W SURER D P.O. Box 52152 Irvine, CA 92619 WSURER E INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER' THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTR TYPE OF INSURANCE DIED IUBR POLICYNUMBER MNVJCY EFF POLICY EXP LIMITS COMMERCUILGENERALL mum CLAIMS�ADE OOCCUR EACH OCCURRENCE $ DAMAGE TO RENTED EMISES Eaccou n S MED EXP one S PERSONAL&ADV INJURY S GEN'L AGGREGATE LIMIT- APPLIES PER: POLICY %pT LOC GENERALAGGREGATE S PRODUCTS - COMP/OP AGG S $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident)S BODILY INJURY Per person) $ ANYAUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY Per accJdent It AbWNON-0WNED AUTOS ONLY AUTOS ONLY ROPER/ MAGE Peraaadem $ UMBRELLA LIAR OCCUR EACH OCCURRENCE $ AGGREGATE E EXCESS UAB CLAIMS -MADE DIED RETENTION$ $ WORXERSCOMPENSATNON PER OTH- AND EMPLOYERS' UA&LITY YIN AFFOR UECUn��NIAOICERR/MiMN)EXCLDED? (Man story n If yes, describe under EL EACH ACCIDENT $ EL.DISEASE - EA EMPLOYEE S DESCRIPTION OFOPERATIONS below E.L. DISEASE -POLICY LIMIT $ A Errors&Omissions W22SEE19020i 41112019".4/112020 Aggregate 2,000,000 TI Each Loss 1,000,000 I Retention 2,500 DESCRIPTION OF OPERATIONS I LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Scheclule, maybe attached! N more space is required) This is a claims -made and reported policy. Defense costs and claims expenses are paid from the policy limit and subject to the retention amount Evidence of Insurance Only RLVIMI-1) A, APPROVED CERTIFICATE HOLDER Rv Rich kIaNAr1PMPNT DillkinN CANCFI I ATION 2019 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE cityof Santa Ana 20 Civic Center Plaza 4HA THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Santa Ana, CA 92701 S. A. LAMBERT AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) ©1988.2016 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD TRIPSMI-01 s►`�Rv CERTIFICATE OF LIABILITY INSURANCE 1BELLEVUE DATE 51161� Ooo19 vl 2 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 poliey(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 endomemen s). PRODUCER License # OG19762 Momentous Insurance Brokerage Inc 5990 Sepulveda Blvd., #550 Van Nuys, CA 91411 N CT Victoria Foster j�NN , E,nl: 818 933-9688, xp : 818) 933-2287 et%ss. victoria.foster@jnmibl.com INSURERS) AFFORDING COVERAGE NAICN INSURER A: Sentinel Insurance Company 11000 INSURED Tripepi Smith & Associates Go Nicole Smith PO Box 52152 Irvine, CA 92619 INSURERS: Hartford Casualty Insurance Company 29424 INSURER C: INSURER D INSURER E: INSURER F: COVEZRALGEC rRRTIRIrATP NHMRRR• REVISION NUMRER: 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 CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDINSp SUER MOM POLICY NUMBER POLJCY EFF POLICY EXP UMRs A X COMMERCIAL GENERALLIABIUTY CLAIMS -MADE OCCUR X 72SBAAP9446 6120/201 IV201MO EACH OCCURRENCE $ 2,000,000 DAMAGES RENTED PREMISEMe occuffence) S 1,000,000 MED EXP one arson S 10,000 PERSONAL &ADV INJURY S 2,000,000 GEN'L AGGREGATE LIMIT APPLI ES PE R: POLICY El MET LOC OTHER: GENERALAGGREGATE 4,000,000 PRODUCTS-COMP/OP AGG $ 4,000,000 $ A AUTOMOBILE LIABILITY ANY AUTO OPINED SCHEDULED AUTOS ONLY AUTOS ALTOS ONLY X 00S ONLY Ix 72SBAAPS446 612012019 _ 6frlt OZU COMBINED SINGLE LIMIT accident) E 2,000,000 'iODILY INJURY Per $ BODILY BOODILY INJURY Per acciderd S Pfge�e derieDAMAGE $ E A X UMBRELLALuuS EXCESS LMB X OCCUR CLAIMS -MADE 72SBAAP9446 6/20/2019 6120/2020 EACH OCCURRENCE $ 1,000,000 AGGREGATE a 11000,000 DED I X I RETENTIONS 10,000 $ B WORKERS COMPENSATION AND EMPLorERs LIABILITYYIN ANY CCPRRROPRIIETOeRRIPARTNER/EXECUTIVE 1f,AandErN In NHi EXCLUDEDI If yes, dea sibe antler DESCRIPTION OF OPERATIONS below N I A 72WECGF7491 Gf20f2019 6/20/2020 X I PET 0 E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYE S 1,000,000 E.L.DISSEASE -POUCY LIMIT S 1,000 000 ._a56g W DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached N more space Is required) Insurance in regards to the operations of the named Insured and as The City of Santa Ana, Its officers, employees, agents, volunteers and representatives are included as additional insureds under the Genera*other required by written contract, per form SS00080405 (pages 11-13 of 24) attached to the policy. The General Liability is Primary and Non-Contrer required by written contract, per form SS00080405 (page 17 of 24). The policies shall not be canceled or reduced in coverage or changed in In rial aspect without thirty (30) days prior written notice to the City, per the endorsement to be issued by the carrier. I •-•�• .... yr.;voet ulv" IY SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Santa Ana 5 2019 ACCORDANCE WITH THE POLICY PROVISIONS. 20 Civic Center Plaza Santa Ana, CA 92701 AUTHORD:ED REPRESENTATIVE SAMAN A M. CAMBER v ACORD 25 (2016/03) 01988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD BUSINESS LIABILITY COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered. Throughout this policy the words "you" and "your" refer to the Named Insured shown in the Declarations. The words We", "us" and "our" refer to the stock insurance company member of The Hartford providing this insurance. The word "insured" means any person or organization qualifying as such under Section C. - Who Is An Insured. Other words and phrases that appear in quotation marks have special meaning. Refer to Section G. - Liability And Medical Expenses Definitions. A. COVERAGES (a) The "bodily injury" or "property 1. BUSINESS LIABILITY COVERAGE (BODILY damage" is caused by an INJURY, PROPERTY DAMAGE, PERSONAL "occurrence" that takes place in the AND ADVERTISING INJURY) "coverage territory"; Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as damages because of "bodily injury", "property damage" or "personal and advertising injury" to which this insurance applies. We will have the right and duty to defend the insured against any "suit" seeking those damages. However, we will have no duty to defend the insured against any "suit" seeking damages for "bodily injury", "property damage" or "personal and advertising injury" to which this insurance does not apply. We may, at our discretion, investigate any "occurrence" or offense and settle any claim or "suit" that may result. But: (1) The amount we will pay for damages is limited as described in Section D. - Liability And Medical Expenses Limits Of Insurance; and (2) Our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments, settlements or medical expenses to which this insurance applies. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Coverage Extension - Supplementary Payments. b. This insurance applies: (1) To "bodily injury" and damage" only if: Form SS 00 08 04 05 "property (b) The "bodily injury" or "property damage" occurs during the policy period; and (c) Prior to the policy period, no insured listed under Paragraph 1. of Section C. — Who Is An Insured and no "employee" authorized by you to give or receive notice of an "occurrence" or claim, knew that the "bodily injury" or "property damage" had occurred, in whole or in part. If such a listed insured or authorized "employee" knew, prior to the policy period, that the "bodily injury" or "property damage" occurred, then any continuation, change or resumption of such "bodily injury" or "property damage" during or after the policy period will be deemed to have been known prior to the policy period. (2) To "personal and advertising injury" caused by an offense arising out of your business, but only if the offense was committed in the "coverage territory" during the policy period. c. "Bodily injury" or "property damage" will be deemed to have been known to have occurred at the earliest time when any insured listed under Paragraph 1. of Section C. — Who Is An Insured or any "employee" authorized by you to give or receive notice of an "occurrence" or claim: (1) Reports all, or any part, of the "bodily injury" or "property damage" to us or any other insurer; Page 1 of 24 © 2005, The Hartford BUSINESS LIABILITY COVERAGE FORM (2) Receives a written or verbal demand or b. We will make these payments regardless of claim for damages because of the "bodily fault. These payments will not exceed the injury" or "property damage"; or applicable limit of insurance. We will pay (3) Becomes aware by any other means that reasonable expenses for: "bodily injury" or "property damage" has (1) First aid administered at the time of an occurred or has begun to occur. accident; d. Damages because of "bodily injury" include (2) Necessary medical, surgical, x-ray and damages claimed by any person or dental services, including prosthetic organization for care, loss of services or devices; and death resulting at any time from the "bodily (3) Necessary ambulance, hospital, injury". professional nursing and funeral e. Incidental Medical Malpractice services. (1) "Bodily injury" arising out of the 3. COVERAGE EXTENSION - rendering of or failure to render SUPPLEMENTARY PAYMENTS professional health care services as a physician, dentist, nurse, emergency a. We will pay, with respect to any claim or "suit" medical technician or paramedic shall we investigate or settle, or any "suit" be deemed to be caused by an against an insured we defend: "occurrence", but only if: (1) All expenses we incur. (a) The physician, dentist, nurse, (2) Up to $1,000 for the cost of bail bonds emergency medical technician or required because of accidents or traffic paramedic is employed by you to law violations arising out of the use of provide such services; and any vehicle to which Business Liability (b) You are not engaged in the Coverage for "bodily injury" applies. We business or occupation of providing do not have to furnish these bonds. such services. (3) The cost of appeal bonds or bonds to 2 For the () purpose of determining the release attachments, but only for bond limits of ifor incidental medical amounts within the applicable limit of malpracticece,, any act or omission insurance. We do not have to furnish together with all related acts or these bonds. omissions in the furnishing of these (4) All reasonable expenses incurred by the services to any one person will be insured at our request to assist us in the considered one "occurrence". investigation or defense of the claim or 2. MEDICAL EXPENSES "suit", including actual loss of earnings up to $500 a day because of time off Insuring Agreement from work. a. We will pay medical expenses as described (5) All costs taxed against the insured in below for "bodily injury" caused by an the "suit". accident: (6) Prejudgment interest awarded against (1) On premises you own or rent; the insured on that part of the judgment (2) On ways next to premises you own or we pay. If we make an offer to pay the rent; or applicable limit of insurance, we will not (3) Because of your operations; pay any prejudgment interest based on that period of time after the offer. provided that: 1 The accident takes () place in the (7) All interest on the full amount of any "coverage judgment that accrues after entry of the territory" and during the judgment and before we have paid, policy period; offered to pay, or deposited in court the (2) The expenses are incurred and reported part of the judgment that is within the to us within three years of the date of applicable limit of insurance. the accident; and Anyamounts paid under (1) through (7) (3) The injured person submits to above will not reduce the limits of insurance. examination, at our expense, by physicians of our ch ice as often as we reasonably requirret. Page 2 of 24 lc/ F. Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM b. If we defend an insured against a "suit" So long as the above conditions are met, and an indemnitee of the insured is also attorneys' fees incurred by us in the named as a party to the "suit", we will defense of that indemnitee, necessary defend that indemnitee if all of the litigation expenses incurred by us and following conditions are met: necessary litigation expenses incurred (1) The "suit" against the indemnitee by the indemnitee at our request will be seeks damages for which the insured paid as Supplementary Payments, has assumed the liability of the Notwithstanding the provisions of indemnitee in a contract or agreement Paragraph 1.b.(b) of Section B. — that is an "insured contract"; Exclusions, such payments will not be (2) This insurance applies to such liability deemed to be damages for "bodily assumed by the insured; injury" and "property damage" and will (3) The obligation to defend, or the cost of not reduce the Limits of Insurance. the defense of, that indemnitee, has Our obligation to defend an insured's also been assumed by the insured in indemnitee and to pay for attorneys' fees the same "insured contract"; and necessary litigation expenses as (4) The allegations in the "suit" and the Supplementary Payments ends when: information we know about the (1) We have used up the applicable limit "occurrence" are such that no conflict of insurance in the payment of appears to exist between the interests judgments or settlements; or of the insured and the interest of the (2) The conditions set forth above, or the indemnitee; terms of the agreement described in (5) The indemnitee and the insured ask Paragraph (6) above, are no longer met, us to conduct and control the defense B. EXCLUSIONS of that indemnitee against such "suit" and agree that we can assign the 1. Applicable To Business Liability Coverage same counsel to defend the insured This insurance does not apply to: and the indemnitee; and a. Expected Or Intended Injury (6) The indemnitee: (1) "Bodily injury" or "property damage" (a) Agrees in writing to: expected or intended from the (i) Cooperate with us in the standpoint of the insured. This investigation, settlement or exclusion does not apply to "bodily defense of the "suit"; injury" or "property damage" resulting from the use of reasonable force to (ii) Immediately send us copies of protect persons or property; or any demands, notices, summonses or legal papers (2) "Personal and advertising injury" arising received in connection with out of an offense committed by, at the the "suit"; direction of or with the consent or acquiescence of the insured with the (iii) Notify any other insurer whose expectation of inflicting "personal and coverage is available to the advertising injury". indemnitee; and b. Contractual Liability (Iv) Cooperate with us with 1 "Bodilyinjury" or"property dams a or respect to coordinating other () l r damage"; applicable insurance available (2) "Personal and advertising injury" to the indemnitee; and for which the insured is obligated to pay (b) Provides us with written damages by reason of the assumption of authorization to: liability in a contract or agreement. (1) Obtain records and other This exclusion does not apply to liability information related to the for damages because of: "suit"; and (a) "Bodily injury', "property damage" or (ii) Conduct and control the "personal and advertising injury" that defense of th ind mnitee in the insured would have in the such "suit". absence of the contract or agreement; or Form SS 00 08 04 05 t Page 3 of 24 /r J BUSINESS LIABILITY COVERAGE FORM (b) "Bodily injury" or "property damage" (b) Performing duties related to the assumed in a contract or agreement conduct of the insured's business, or that is an "insured contract", (2) The spouse, child, parent, brother or provided the "bodily injury" or sister of that "employee" as a "property damage" occurs consequence of (1) above. subsequent to the execution of the This exclusion applies: contract or agreement. Solely for the purpose of liability assumed in (1) Whether the insured may be liable as an "insured contract", reasonable an employer or in any other capacity; attorneys' fees and necessary and litigation expenses incurred by or for (2) To any obligation to share damages a party other than an insured are with or repay someone else who must deemed to be damages because of pay damages because of the injury. "bodily injury" or "property damage" This exclusion does not apply to liability provided: assumed by the insured under an "insured (1) Liability to such party for, or for contract". the cost of, that party's defense f. Pollution has also been assumed in the same "insured contract", and (1) "Bodily injury", "property damage" or "personal and advertising injury" (ii) Such attorneys' fees and arising out of the actual, alleged or litigation expenses are for threatened discharge, dispersal, defense of that party against a seepage, migration, release or escape civil or alternative dispute of "pollutants": resolution proceeding in which damages to which this (a) At or from any premises, site or insurance applies are alleged. location which is or was at any time owned or occupied by, or c. Liquor Liability rented or loaned to any insured. "Bodily injury" or "property damage" for However, this subparagraph does which any insured may be held liable by not apply to: reason of: (i) "Bodily injury" if sustained within (1) Causing or contributing to the a building and caused by intoxication of any person; smoke, fumes, vapor or soot (2) The furnishing of alcoholic beverages to produced by or originating from a person under the legal drinking age or equipment that is used to heat, under the influence of alcohol; or cool or dehumidify the building, (3) Any statute, ordinance or regulation or equipment that is used to relating to the sale, gift, distribution or heat water for personal use, by use of alcoholic beverages. the building's occupants or their guests; This exclusion applies only if you are in u the (ii) "Bodily injury" or "properly business ry manufacturing, distributing, damage" for which you may be selling, serving or furnishing alcoholic beverages. held liable, if you are a d. Workers' Compensation And Similar contractor and the owner or lessee of such premises, site or Laws location has been added to your Any obligation of the insured under a policy as an additional insured workers' compensation, disability benefits with respect to your ongoing or unemployment compensation law or operations performed for that any similar law. additional insured at that e. Employer's Liability premises, site or location and "Bodily injury" to: such premises, site or location (1) An "employee" of the insured arising is not and never was owned or out of and in the course of: occupied by, or rented or loaned to, any insured, other (a) Employment by the insured; or than that additional insured; or Page 4 of 24 l�/ Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM (ttt) "Bodily injury" or "property released as part of the damage" arising out of heat, operations being performed smoke or fumes from a by such insured, contractor or "hostile fire" subcontractor; (b) At or from any premises, site or (tt) "Bodily injury' or "property location which is or was at any damage" sustained within a time used by or for any insured or building and caused by the others for the handling, storage, release of gases, fumes or disposal, processing or treatment vapors from materials brought of waste; into that building in connection (c) Which are or were at any time with operations being performed transported, handled, stored, by you or on your behalf by a treated, disposed of, or processed contractor or subcontractor; or as waste by or for: (III) "Bodily injury" or "property (1) Any insured; or damage" arising out of heat, (ii) Any person or organization for smoke or fumes from a whom you may be legally "hostile fire"; or responsible; (e) At or from any premises, site or (d) At or from any premises, site or location on which any insured or any contractors or subcontractors any contractors or subcontractors location which any insured or working directly or indirectly on any working directly or indirectly insured's behalf are performing op behalf are operations if the operations are to any insur test for, monitor, clean up, remove, performing operations if the contain, treat, detoxify or neutralize, pollutants" are brought on or to the premises, site or location in or in any way respond to, or assess the effects of, "pollutants". connection with such operations by such insured, contractor or (2) Any loss, cost or expense arising out subcontractor. However, this of any: subparagraph does not apply to: (a) Request, demand, order or statutory (i) "Bodily injury" or "property or regulatory requirement that any damage" arising out of the insured or others test for, monitor, escape of fuels, lubricants or clean up, remove, contain, treat, other operating fluids which are detoxify or neutralize, or in any way needed to perform the normal respond to, or assess the effects of, electrical, hydraulic or "pollutants"; or mechanical functions (b) Claim or suit by or on behalf of a necessary for the operation of governmental authority for "mobile equipment" or its parts, damages because of testing for, if such fuels, lubricants or other monitoring, cleaning up, removing, operating fluids escape from a containing, treating, detoxifying or vehicle part designed to hold, neutralizing, or in any way store or receive them. This responding to, or assessing the exception does not apply if the effects of, "pollutants". "bodily injury" or "property However, this paragraph does not damage" arises out of the apply to liability for damages because intentional discharge, dispersal of "property damage" that the insured or release of the fuels, would have in the absence of such lubricants or other operating request, demand, order or statutory or fluids, or if such fuels, regulatory requirement, or such claim lubricants or other operating or "suit" by or on behalf of a fluids are brought on or to the governmental authority. premises, site or location with the intent that they be dish,4 dispersed or Page 5 of 24 Form SS 00 08 04 05 � ��9 BUSINESS LIABILITY COVERAGE FORM g. Aircraft, Auto Or Watercraft (2) The use of "mobile equipment" in, or "Bodily injury" or "property damage" arising while in practice or preparation for, a out of the ownership, maintenance, use or prearranged racing, speed or entrustment to others of any aircraft, "auto" demolition contest or in any stunting or watercraft owned or operated by or rented activity. or loaned to any insured. Use includes i. War operation and "loading or unloading". "Bodily injury", "property damage" or This exclusion applies even if the claims "personal and advertising injury", however against any insured allege negligence or caused, arising, directly or indirectly, out of: other wrongdoing in the supervision, hiring, (1) War, including undeclared or civil war; employment, training or monitoring of others by that insured, if the "occurrence" which (2) Warlike action by a military force, caused the "bodily injury" or "property including action in hindering or damage" involved the ownership, defending against an actual or maintenance, use or entrustment to others of expected attack, by any government, any aircraft, "auto" or watercraft that is sovereign or other authority using owned or operated by or rented or loaned to military personnel or other agents; or any insured. (3) Insurrection, rebellion, revolution, This exclusion does not apply to: usurped power, or action taken by (1) A watercraft while ashore on premises governmental authority in hindering or you own or rent; defending against any of these. (2) A watercraft you do not own that is: j. Professional Services "Bodily injury", "property damage" or (a) Less than 51 feet long; and "personal and advertising injury" arising (b) Not being used to carry persons out of the rendering of or failure to render for a charge; any professional service. This includes (3) Parking an "auto" on, or on the ways but is not limited to: next to, premises you own or rent, (1) Legal, accounting or advertising provided the "auto" is not owned by or services; rented or loaned to you or the insured; (2) Preparing, approving, or failing to (4) Liability assumed under any "insured prepare or approve maps, shop contract" for the ownership, drawings, opinions, reports, surveys, maintenance or use of aircraft or field orders, change orders, designs or watercraft; drawings and specifications; (5) "Bodily injury" or "property damage" (3) Supervisory, inspection, architectural arising out of the operation of any of or engineering activities; the equipment listed in Paragraph f.(2) (4) Medical, surgical, dental, x-ray or or f.(3) of the definition of "mobile nursing services treatment, advice or equipment"; or instruction; (6) An aircraft that is not owned by any (5) Any health or therapeutic service insured and is hired, chartered or loaned treatment, advice or instruction; with a paid crew. However, this exception does not apply if the insured (6) Any service, treatment, advice or has any other insurance for such "bodily instruction for the purpose of injury" or "property damage", whether appearance or skin enhancement, hair the other insurance is primary, excess, removal or replacement or personal contingent or on any other basis. grooming; h. Mobile Equipment (7) Optical or hearing aid services including the prescribing, preparation, "Bodily injury" or "property damage" fitting, demonstration or distribution of arising out of: ophthalmic lenses and similar (1) The transportation of "mobile equipment" products or hearing aid devices; by an "auto" owned or operated by or rented or loaned to any insured; or Page 6 of 24 ml Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM (8) Optometry or optometric services Paragraphs (1), (3) and (4) of this including but not limited to examination exclusion do not apply to "property of the eyes and the prescribing, damage" (other than damage by fire) to preparation, fitting,demonstration or premises, including the contents of such distribution of ophthalmic lenses and premises, rented to you for a period of 7 or similar products; fewer consecutive days. A separate Limit (9) Any: of Insurance applies to Damage To (a) Body piercing (not including ear Premises Rented To You as described in piercing); Section D. - Limits Of Insurance. (b) Tattooing, including but not limited Paragraph (2) of this exclusion does not to the insertion of pigments into or apply if the premises are "your work" and under the skin; and were never occupied, rented or held for rental by you. (c) Similar services; Paragraphs (3) and (4) of this exclusion do (10) Services in the practice of pharmacy; not apply to the use of elevators. and Paragraphs (3), (4), (5) and (6) of this (11) Computer consulting, design or exclusion do not apply to liability assumed programming services, including web under a sidetrack agreement. site design. Paragraphs (3) and (4) of this exclusion do Paragraphs (4) and (5) of this exclusion do not apply to "property damage" to not apply to the Incidental Medical borrowed equipment while not being used Malpractice coverage afforded under to perform operations at a job site. Paragraph 1.e. in Section A. - Coverages. Paragraph (6) of this exclusion does not k. Damage To Property apply to "property damage" included in the "Property damage" to: "products -completed operations hazard". (1) Property you own, rent or occupy, I. Damage To Your Product including any costs or expenses "Property damage" to "your product" incurred by you, or any other person, arising out of it or any part of it. organization or entity, for repair, m. Damage To Your Work replacement, enhancement, restoration or maintenance of such "Property damage" to "your work" arising property for any reason, including out of it or any part of it and included in the prevention of injury to a person or "products -completed operations hazard". damage to another's property; This exclusion does not apply if the (2) Premises you sell, give away or damaged work or the work out of which abandon, if the "property damage" arises the damage arises was performed on your out of any part of those premises; behalf by a subcontractor. (3) Property loaned to you; n. Damage To Impaired Property Or (4) Personal property in the care, custody Property Not Physically Injured or control of the insured; "Property damage" to "impaired property" (5) That particular part of real property on or property that has not been physically which you or any contractors or njured, arising out of: subcontractors working directly or (1) A defect, deficiency, inadequacy or indirectly on your behalf are performing dangerous condition in "your product" operations, if the "property damage" or "your work"; or arises out of those operations; or (2) A delay or failure by you or anyone (6) That particular part of any property acting on your behalf to perform a that must be restored, repaired or contract or agreement in accordance replaced because "your work" was with its terms. incorrectly performed on it. This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to 64 "your product" or "your work" after it has been put to its intended use. Form SS 00 08 04 05 4/7 Page 7 of 24 BUSINESS LIABILITY COVERAGE FORM o. Recall Of Products, Work Or Impaired (c) Title of any literary or artistic work; Property (8) Arising out of an offense committed by Damages claimed for any loss, cost or an insured whose business is: expense incurred by you or others for the (a) Advertising, broadcasting, loss of use, withdrawal, recall, inspection, publishing or telecasting; repair, replacement, adjustment, removal (b) Designing or determining content or disposal of: of web sites for others; or (1) "Your product"; (c) An Internet search, access, (2) "Your work"; or content or service provider. (3) "Impaired property"; However, this exclusion does not if such product, work or property is apply to Paragraphs a., b. and c. withdrawn or recalled from the market or under the definition of "personal and from use by any person or organization advertising injury" in Section G. — because of a known or suspected defect, Liability And Medical Expenses deficiency, inadequacy or dangerous Definitions. condition in it. For the purposes of this exclusion, p. Personal And Advertising Injury placing an "advertisement" for or "Personal and advertising injury": linking to others on your web site, by (1) Arising out of oral, written or electronic itself, is not considered the business publication of material, if done by or at of advertising, broadcasting, the direction of the insured with publishing or telecasting; knowledge of its falsity; (9) Arising out of an electronic chat room (2) Arising out of oral, written or electronic or bulletin board the insured hosts, publication of material whose first owns, or over which the insured publication took place before the exercises control; beginning of the policy period; (10) Arising out of the unauthorized use of (3) Arising out of a criminal act committed another's name or product in your e-mail by or at the direction of the insured; address, domain name or metatags, or (4) Arising out of any breach of contract, any other similar tactics to mislead anther's potential customers; except an implied contract to use anther's "advertising idea" in your (11) Arising out of the violation of a "advertisement"; person's right of privacy created by (5) Arising out of the failure of goods, any state or federal act. products or services to conform with However, this exclusion does not any statement of quality or apply to liability for damages that the performance made in your insured would have in the absence of "advertisement"; such state or federal act; (6) Arising out of the wrong description of (12) Arising out of: the price of goods, products or services; (a) An "advertisement" for others on (7) Arising out of any violation of any your web site; intellectual property rights such as (b) Placing a link to a web site of copyright, patent, trademark, trade others on your web site; name, trade secret, service mark or (c) Content from a web site of others other designation of origin or displayed within a frame or border authenticity. on your web site. Content includes However, this exclusion does not information, code, sounds, text, apply to infringement, in your graphics or images; or "advertisement", of (d) Computer code, software or (a) Copyright; programming used to enable: (b) Slogan, unless the slogan is also (I) Your web site; or a trademark, trade name, service (ii) The presentation or functionality mark or oth r designation of origin of an "advertisement" or other or authentic' y; or content on your web site; Page 8 of 24 / Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM (13) Arising out of a violation of any anti- (a) May be awarded or incurred by trust law; reason of any claim or suit (14) Arising out of the fluctuation in price or alleging actual or threatened injury value of any stocks, bonds or other or damage of any nature or kind to securities; or persons or property which would (15) Arising out of discrimination or not have occurred in whole or in humiliation committed by or at the part but for the "asbestos hazard"; direction of any "executive officer", (b) Arise out of any request, demand, director, stockholder, partner or order or statutory or regulatory member of the insured. requirement that any insured or Q Electronic Data others test for, monitor, clean up, Damages arising out of the loss of, loss of remove, encapsulate, contain, treat, detoxify or neutralize or in use of, damage to, corruption of, inability any way respond to or assess the to access, or inability to manipulate effects of an "asbestos hazard"; or "electronic data". (c) Arise out of any claim or suit for r. Employment -Related Practices damages because of testing for, "Bodily injury" or "personal and advertising monitoring, cleaning up, removing, injury" to: encapsulating, containing, treating, (1) A person arising out of any: detoxifying or neutralizing or in any (a) Refusal to employ that person; way responding to or assessing the "asbestos effects of an hazard". (b) Termination of that person's t. Violation Of Statutes That Govern E- employment; or Mails, Fax, Phone Calls Or Other (c) Employment -related practices, Methods Of Sending Material Or policies, acts or omissions, such as Information coercion, demotion, evaluation, "Bodily injury", "property damage", or reassignment, discipline, "personal and advertising injury" arising defamation, harassment, humiliation directly or indirectly out of any action or or discrimination directed at that omission that violates or is alleged to person; or violate: (2) The spouse, child, parent, brother or (1) The Telephone Consumer Protection sister of that person as a Act (TCPA), including any amendment consequence of "bodily injury" or of or addition to such law; "personal and advertising injury" to the person at whom any of the (2) The CAN-SPAM Act of 2003, including employment -related practices any amendment of or addition to such described in Paragraphs (a), (b), or (c) law; or above is directed. (3) Any statute, ordinance or regulation, This exclusion applies: other than the TCPA or CAN-SPAM Act (1) Whether the insured may be liable as of 2003, that prohibits or limits the sending, transmitting, communicating or an employer or in any other capacity; distribution of material or information. and (2) To any obligation to share damages Damage To Premises Rented To You — Exception For Damage By Fire, Lightning with or repay someone else who must or Explosion pay damages because of the injury. s. Asbestos Exclusions c. through h. and k. through o. do not apply to damage by fire, lightning or (1) "Bodily injury", "property damage" or explosion to premises rented to you or "personal and advertising injury" temporarily occupied by you with permission of arising out of the "asbestos hazard". the owner. A separate Limit of Insurance (2) Any damages, judgments, settlements, applies to this coverage as described in loss, costs or expenses that: Section D. - Liability And Medical Expenses Limits Of Insurance. Form SS 00 08 04 05 � Page 9 of 24 BUSINESS LIABILITY COVERAGE FORM 2. Applicable To Medical Expenses Coverage We will not pay expenses for "bodily injury": a. Any Insured To any insured, except "volunteer workers". b. Hired Person To a person hired to do work for or on behalf of any insured or a tenant of any insured. c. Injury On Normally Occupied Premises To a person injured on that part of premises you own or rent that the person normally occupies. d. Workers' Compensation And Similar Laws To a person, whether or not an "employee" of any insured, if benefits for the "bodily injury" are payable or must be provided under a workers' compensation or disability benefits law or a similar law. e. Athletics Activities To a person injured while practicing, instructing or participating in any physical exercises or games, sports or athletic contests. f. Products -Completed Operations Hazard Included with the "products -completed operations hazard". g. Business Liability Exclusions Excluded under Business Liability Coverage. C. WHO IS AN INSURED 1. If you are designated in the Declarations as: a. An individual, you and your spouse are insureds, but only with respect to the conduct of a business of which you are the sole owner. b. A partnership or joint venture, you are an insured. Your members, your partners, and their spouses are also insureds, but only with respect to the conduct of your business. c. A limited liability company, you are an insured. Your members are also insureds, but only with respect to the conduct of your business. Your managers are insureds, but only with respect to their duties as your managers. d. An organization other than a partnership, joint venture or limited liability company, you are an insured. Your "executive officers" and directors are insureds, but only with respect to their duties as your officers or directors. Your stockholders are also insureds, but only with respe to the' liability as stockholders. Page 10 of 24 //` e. A trust, you are an insured. Your trustees are also insureds, but only with respect to their duties as trustees. 2. Each of the following is also an insured: a. Employees And Volunteer Workers Your "volunteer workers" only while performing duties related to the conduct of your business, or your "employees", other than either your "executive officers" (if you are an organization other than a partnership, joint venture or limited liability company) or your managers (if you are a limited liability company), but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However, none of these "employees" or "volunteer workers" are insureds for: (1) "Bodily injury" or "personal and advertising injury": (a) To you, to your partners or members (if you are a partnership orjoint venture), to your members (if you are a limited liability company), or to a co -"employee" while in the course of his or her employment 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 that "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. If you are not in the business of providing professional health care services, Paragraph (d) does not apply to any nurse, emergency medical technician or paramedic employed by you to provide such services. (2) "Property damage" to property: (a) Owned, occupied or used by, Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM (b) Rented to, in the care, custody or control of, or over which physical control is being exercised for any purpose by you, any of your "employees", "volunteer workers", any partner or member (if you are a partnership or joint venture), or any member (if you are a limited liability company). b. Real Estate Manager Any person (other than your "employee" or "volunteer worker"), or any organization while acting as your real estate manager. c. Temporary Custodians Of Your Property Any person or organization having proper temporary custody of your property if you die, but only: (1) With respect to liability arising out of the maintenance or use of that property; and (2) Until your legal representative has been appointed. d. Legal Representative If You Die Your legal representative if you die, but only with respect to duties as such. That representative will have all your rights and duties under this insurance. e. Unnamed Subsidiary Any subsidiary and subsidiary thereof, of yours which is a legally incorporated entity of which you own a financial interest of more than 50% of the voting stock on the effective date of this Coverage Part. The insurance afforded herein for any subsidiary not shown in the Declarations as a named insured does not apply to injury or damage with respect to which an insured under this insurance is also an insured under another policy or would be an insured under such policy but for its termination or upon the exhaustion of its limits of insurance. 3. Newly Acquired Or Formed Organization Any organization you newly acquire or form, other than a partnership, joint venture or limited liability company, and over which you maintain financial interest of more than 50% of the voting stock, 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 180th day after you acquire or form the oraaaniz on or the end of the Policy period,�4 hicer is earlier; and b. Coverage under this provision does not apply to: (1) "Bodily injury" or "property damage" that occurred; or (2) "Personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. 4. Operator Of Mobile Equipment With respect to "mobile equipment" registered in your name under any motor vehicle registration law, any person is an insured while driving such equipment along a public highway with your permission. Any other person or organization responsible for the conduct of such person is also an insured, but only with respect to liability arising out of the operation of the equipment, and only if no other insurance of any kind is available to that person or organization for this liability. However, no person or organization is an insured with respect to: a. "Bodily injury" to a co -"employee" of the person driving the equipment; or b. "Property damage" to property owned by, rented to, in the charge of or occupied by you or the employer of any person who is an insured under this provision. 5. Operator of Nonowned Watercraft With respect to watercraft you do not own that is less than 51 feet long and is not being used to carry persons for a charge, any person is an insured while operating such watercraft with your permission. Any other person or organization responsible for the conduct of such person is also an insured, but only with respect to liability arising out of the operation of the watercraft, and only if no other insurance of any kind is available to that person or organization for this liability. However, no person or organization is an insured with respect to: a. "Bodily injury" to a co -"employee" of the person operating the watercraft; or b. "Property damage" to property owned by, rented to, in the charge of or occupied by you or the employer of any person who is an insured under this provision. 6. Additional Insureds When Required By Written Contract, Written Agreement Or Permit The person(s) or organization(s) identified in Paragraphs a. through f. below are additional insureds when you have agreed, in a written Form SS 00 08 04 po%�� Page 11 of 24 BUSINESS LIABILITY COVERAGE FORM contract, written agreement or because of a (e) Any failure to make such permit issued by a state or political inspections, adjustments, tests or subdivision, that such person or organization servicing as the vendor has be added as an additional insured on your agreed to make or normally policy, provided the injury or damage occurs undertakes to make in the usual subsequent to the execution of the contract or course of business, in connection agreement, or the issuance of the permit. with the distribution or sale of the A person or organization is an additional products; insured under this provision only for that (f) Demonstration, installation, period of time required by the contract, servicing or repair operations, agreement or permit. except such operations performed However, such person organization is an at the vendor's premises in in additional insured under this s provision if such connection with the sale of the person or organization is included as an product; additional insured by an endorsement issued (g) Products which, after distribution by us and made a part of this Coverage Part, or sale by you, have been labeled including all persons or organizations added or relabeled or used as a as additional insureds under the specific container, part or ingredient of any additional insured coverage grants in Section other thing or substance by or for F. — Optional Additional Insured Coverages, the vendor; or a. Vendors (h) "Bodily injury" or "property Any person(s) or organization(s) (referred to damage" arising out of the sole below as vendor), but only with respect to negligence of the vendor for its "bodily injury" or "property damage" arising own acts or omissions or those of out of "your products" which are distributed its employees or anyone else or sold the regular course of the vendor's acting on its behalf. However, this business and only if this Coverage Part exclusion does not apply to: provides coverage for "bodily injury" or (1) The exceptions contained in "property damage" included within the Subparagraphs (d) or (f); or "products -completed operations hazard". (!I) Such inspections, adjustments, (1) The insurance afforded to the vendor tests or servicing as the vendor is subject to the following additional has agreed to make or normally exclusions: undertakes to make in the usual This insurance does not apply to: course of business, in (a) "Bodily injury" or "property connection with the distribution or sale of the products. damage" for which the vendor is obligated to pay damages by (2) This insurance does not apply to any reason of the assumption of insured person or organization from liability in a contract or agreement. whom you have acquired such products, This exclusion does not apply to or any ingredient, part or container, liability for damages that the entering into, accompanying or vendor would have in the absence containing such products. of the contract or agreement; b. Lessors Of Equipment (b) Any express warranty (1) Any person or organization from unauthorized by you; whom you lease equipment; but only (c) Any physical chemical change with respect to their liability for "bodily in the productt made intentionally injury", "property damage" or "personal by the vendor; and advertising injury" caused, in whole or in part, by your (d) Repackaging, except when maintenance, operation or use of unpacked solely for the purpose of equipment leased to you by such inspection, demonstration, testing, person or organization. or the substitution of parts under instructions from the manufacturer, any the)j repackaged in the Page 12 of 2�A7//5? Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM (2) With respect to the insurance afforded e. Permits Issued By State Or Political to these additional insureds, this Subdivisions insurance does not apply to any "occurrence" (1) Any state or political subdivision, but which takes place after only with respect to operations you cease to lease that equipment. performed by you or on your behalf for c. Lessors Of Land Or Premises which the state or political subdivision (1) Any person or organization from has issued a permit. whom you lease land or premises, but (2) With respect to the insurance afforded only with respect to liability arising out to these additional insureds, this of the ownership, maintenance or use insurance does not apply to: of that part of the land or premises (a) "Bodily injury", "property damage" leased to you. or "personal and advertising (2) With respect to the insurance afforded injury" arising out of operations to these additional insureds, this performed for the state or insurance does not apply to: municipality; or (a) Any "occurrence" which takes (b) "Bodily injury" or "property damage" place after you cease to lease that included within the "products - land or be a tenant in that completed operations hazard". premises; or f. Any Other Party (b) Structural alterations, new (1) Any other person or organization who construction or demolition is not an insured under Paragraphs a. operations performed by or on through e. above, but only with behalf of such person or respect to liability for "bodily injury", organization. "property damage" or "personal and d. Architects, Engineers Or Surveyors advertising injury" caused, in whole or (1) Any architect, engineer, or surveyor, but in part, by your acts or omissions or only with respect to liability for "bodily the acts or omissions of those acting injury", "property damage" or "personal on your behalf: and advertising injury" caused, in whole (a) In the performance of your or in part, by your acts or omissions or ongoing operations; the acts or omissions of those acting on (b) In connection with your premises your behalf: owned by or rented to you; or (a) In connection with your premises; (c) In connection with "your work" and or included within the "products- (b) In the performance of your completed operations hazard", but ongoing operations performed by only if you or on your behalf. (I) The written contract or written (2) With respect to the insurance afforded agreement requires you to to these additional insureds, the provide such coverage to following additional exclusion applies: such additional insured; and This insurance does not apply to (ii) This Coverage Part provides "bodily injury", "property damage" or coverage for "bodily injury" or "personal and advertising injury" "property damage" included arising out of the rendering of or the within the "products - failure to render any professional completed operations hazard". services by or for you, including: (2) With respect to the insurance afforded (a) The preparing, approving, or to these additional insureds, this failure to prepare or approve, insurance does not apply to: maps, shop drawings, opinions, "Bodily injury", "property damage" or reports, surveys, field orders, "personal and advertising injury" change orders, designs or arising out of the rendering of, or the drawings and specifications; or failure to render, any professional (b) Supervisory, inspection, architectural, engineering or surveying arc ' ctur or engineering services, including: aGGGGc vities Form SS 00 08 04 �s�s Page 13 of 24 BUSINESS LIABILITY COVERAGE FORM (a) The preparing, approving, or failure to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders, designs or drawings and specifications; or (b) Supervisory, inspection, architectural or engineering activities. The limits of insurance that apply to additional insureds are described in Section D. — Limits Oflnsurance. How this insurance applies when other insurance is available to an additional insured is described in the Other Insurance Condition in Section E. — Liability And Medical Expenses General Conditions. 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. D. LIABILITY AND MEDICAL EXPENSES LIMITS OF INSURANCE 1. The Most We Will Pay The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits". 2. Aggregate Limits The most we will pay for: a. Damages because of "bodily injury" and "property damage" included in the "products -completed operations hazard" is the Products -Completed Operations Aggregate Limit shown in the Declarations. b. Damages because of all other "bodily injury", "property damage" or "personal and advertising injury", including medical expenses, is the General Aggregate Limit shown in the Declarations. This General Aggregate Limit applies separately to each of your 'locations" owned by or rented to you. "Location" means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, road ay right-of-way of a railroad. This General Aggregate limit does not apply to "property damage" to premises while rented to you or temporarily occupied by you with permission of the owner, arising out of fire, lightning or explosion. 3. Each Occurrence Limit Subject to 2.a. or 2.b above, whichever applies, the most we will pay for the sum of all damages because of all "bodily injury", "property damage" and medical expenses arising out of any one 'occurrence" is the Liability and Medical Expenses Limit shown in the Declarations. The most we will pay for all medical expenses because of "bodily injury" sustained by any one person is the Medical Expenses Limit shown in the Declarations. 4. Personal And Advertising Injury Limit Subject to 2.b. above, the most we will pay for the sum of all damages because of all "personal and advertising injury" sustained by any one person or organization is the Personal and Advertising Injury Limit shown in the Declarations. 5. Damage To Premises Rented To You Limit The Damage To Premises Rented To You Limit is the most we will pay under Business Liability Coverage for damages because of "property damage" to any one premises, while rented to you, or in the case of damage by fire, lightning or explosion, while rented to you or temporarily occupied by you with permission of the owner. In the case of damage by fire, lightning or explosion, the Damage to Premises Rented To You Limit applies to all damage proximately caused by the same event, whether such damage results from fire, lightning or explosion or any combination of these. 6. How Limits Apply To Additional Insureds The most we will pay on behalf of a person or organization who is an additional insured under this Coverage Part is the lesser of: a. The limits of insurance specified in a written contract, written agreement or permit issued by a state or political subdivision; or b. The Limits of Insurance shown in the Declarations. Such amount shall be a part of and not in addition to the Limits of Insurance shown in the Declarations and described in this Section. Page 14 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM If more than one limit of insurance under this (1) Immediately send us copies of any policy and any endorsements attached thereto demands, notices, summonses or applies to any claim or "suit", the most we will pay legal papers received in connection under this policy and the endorsements is the with the claim or "suit"; single highest limit of liability of all coverages (2) Authorize us to obtain records and applicable to such claim or "suit". However, this other information; paragraph does not apply to the Medical Expenses (3) Cooperate with us in the investigation, limit set forth in Paragraph 3. above. settlement of the claim or defense The Limits of Insurance of this Coverage Part apply against the "suit"; and separately to each consecutive annual period and to (4) Assist us, upon our request, in the any remaining period of less than 12 months, starting enforcement any right against any with the beginning of the policy period shown in the person or organization that may be insured because injury Declarations, unless the policy period is extended liable to the after issuance for an additional period of less than 12 or damage in which this insurance months. In that case, the additional period will be may also apply. deemed part of the last preceding period for purposes Obligations At The Insured's Own Cost d. Obli of determining the Limits of Insurance. g E. LIABILITY AND MEDICAL EXPENSES No insured will, except at that insured's own GENERAL CONDITIONS cost, voluntarily make a payment, assume any obligation, or incur any expense, other 1. Bankruptcy than for first aid, without our consent. Bankruptcy or insolvency of the insured or of e. Additional Insured's Other Insurance the insured's estate will not relieve us of our If we cover a claim or "suit" under this obligations under this Coverage Part. Coverage Part that may also be covered 2. Duties In The Event Of Occurrence, by other insurance available to an Offense, Claim Or Suit additional insured, such additional insured a. Notice Of Occurrence Or Offense must submit such claim or "suit" to the other insurer for defense and indemnity. You any additional insured must see to However, s provision does not apply it thaatt Hthis we are notified as soon as P pp y to practicable of an "occurrence" or an the extent that you have agreed in a offense which may result in a claim. To written contract, written agreement or the extent possible, notice should include: permit that this insurance is primary and non-contributory with the additional (1) How, when and where the "occurrence" insured's own insurance. or offense took place; f. Knowledge Of An Occurrence, Offense, (2) The names and addresses of any Claim Or Suit injured persons and witnesses; and Paragraphs a, and b. apply to you or to (3) The nature and location of any injury any additional insured only when such or damage arising out of the "occurrence", offense, claim or "suit" is "occurrence" or offense. known to: b. Notice Of Claim (1) You or any additional insured that is If a claim is made or "suit" is brought an individual; against any insured, you or any additional (2) Any partner, if you or an additional insured must: insured is a partnership; (1) Immediately record the specifics of the (3) Any manager, if you or an additional claim or "suit" and the date received; insured is a limited liability company; and (4) Any "executive officer" or insurance (2) Notify us as soon as practicable. manager, if you or an additional You or any additional insured must see to insured is a corporation; it that we receive a written notice of the (5) Any trustee, if you or an additional claim or "suit" as soon as practicable. insured is a trust; or c. Assistance And Cooperation Of The (6) Any elected or appointed official, if you Insured or an additional insured is a political You and any t er i olved insured must: subdivision or public entity. Form SS 00 08 04 0�� Page 15 of 24 BUSINESS LIABILITY COVERAGE FORM This Paragraph f. applies separately to you and any additional insured. 3. Financial Responsibility Laws a. When this policy is certified as proof of financial responsibility for the future under the provisions of any motor vehicle financial responsibility law, the insurance provided by the policy for "bodily injury" liability and "property damage" liability will comply with the provisions of the law to the extent of the coverage and limits of insurance required by that law. b. With respect to "mobile equipment" to which this insurance applies, we will provide any liability, uninsured motorists, underinsured motorists, no-fault or other coverage required by any motor vehicle law. We will provide the required limits for those coverages. 4. Legal Action Against Us No person or organization has a right under this Coverage Form: a. To join us as a party or otherwise bring us into a "suit" asking for damages from an insured; or b. To sue us on this Coverage Form unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured; but we will not be liable for damages that are not payable under the terms of this insurance or that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us, the insured and the claimant or the claimant's legal representative. 5. Separation Of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this policy to the first Named Insured, this insurance applies: a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom a claim is made or "suit" is brought. 6. Representations a. When You Accept This Policy By accepting this policy, you agree: (1) The statements in the Declarations are accurate and complete; (2) Those statements are based upon reprepontatiAns you made to us; and Page 16 of (3) We have issued this policy in reliance upon your representations. b. Unintentional Failure To Disclose Hazards If unintentionally you should fail to disclose all hazards relating to the conduct of your business at the inception date of this Coverage Part, we shall not deny any coverage under this Coverage Part because of such failure. 7. Other Insurance If other valid and collectible insurance is available for a loss we cover under this Coverage Part, our obligations are limited as follows: a. Primary Insurance This insurance is primary except when b. below applies. If other insurance is also primary, we will share with all that other insurance by the method described in c. below. b. Excess Insurance This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis: (1) Your Work That is Fire, Extended Coverage, Builder's Risk, Installation Risk or similar coverage for "your work"; (2) Premises Rented To You That is fire, lightning or explosion insurance for premises rented to you or temporarily occupied by you with permission of the owner; (3) Tenant Liability That is insurance purchased by you to cover your liability as a tenant for "property damage" to premises rented to you or temporarily occupied by you with permission of the owner; (4) Aircraft, Auto Or Watercraft If the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to the extent not subject to Exclusion g. of Section A. —Coverages. (5) Property Damage To Borrowed Equipment Or Use Of Elevators If the loss arises out of "property damage" to borrowed equipment or the use of elevators to the extent not subject to Exclusion k. of Section A. — Coverages. Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM (6) When You Are Added As An Additional Insured To Other Insurance That is other insurance available to you covering liability for damages arising out of the premises or operations, or products and completed operations, for which you have been added as an additional insured by that insurance; or (7) When You Add Others As An Additional Insured To This Insurance That is other insurance available to an additional insured. However, the following provisions apply to other insurance available to any person or organization who is an additional insured under this Coverage Part: (a) Primary Insurance When Required By Contract This insurance is primary if you have agreed in a written contract, written agreement or permit that this insurance be primary. If other insurance is also primary, we will share with all that other insurance by the method described in c. below. (b) Primary And Non -Contributory To Other Insurance When Required By Contract If you have agreed in a written contract, written agreement or permit that this insurance is primary and non-contributory with the additional insured's own insurance, this insurance is primary and we will not seek contribution from that other insurance. Paragraphs (a) and (b) do not apply to other insurance to which the additional insured has been added as an additional insured. When this insurance is excess, we will have no duty under this Coverage Part to defend the insured against any "suit" if any other insurer has a duty to defend the insured against that "suit". If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against/all t ose other insurers. /�'?> Form SS 00 08 04 05 When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (1) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (2) The total of all deductible and self - insured amounts under all that other insurance. We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. c. Method Of Sharing If all the other insurance permits contribution by equal shares, we will follow this method also. Under this approach, each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. 8. Transfer Of Rights Of Recovery Against Others To Us a. Transfer Of Rights Of Recovery If the insured has rights to recover all or part of any payment, including Supplementary Payments, we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. This condition does not apply to Medical Expenses Coverage. b. Waiver Of Rights Of Recovery (Waiver Of Subrogation) If the insured has waived any rights of recovery against any person or organization for all or part of any payment, including Supplementary Payments, we have made under this Coverage Part, we also waive that right, provided the insured waived their rights of recovery against such person or organization in a contract, agreement or permit that was executed prior to the injury or damage. Page 17 of 24 BUSINESS LIABILITY COVERAGE FORM F. OPTIONAL ADDITIONAL INSURED 3. Additional Insured - Grantor Of Franchise COVERAGES WHO IS AN INSURED under Section C. is If listed or shown as applicable in the Declarations, amended to include as an additional insured one or more of the following Optional Additional the person(s) or organization(s) shown in the Insured Coverages also apply. When any of these Declarations as an Additional Insured - Optionai Additional Insured Coverages apply, Grantor Of Franchise, but only with respect to Paragraph 6. (Additional Insureds When Required their liability as grantor of franchise to you. by Written Contract, Written Agreement or Permit) 4, Additional Insured - Lessor Of Leased of Section C., Who Is An Insured, does not apply Equipment to the person or organization shown in the a. WHO IS AN INSURED under Section C. is Declarations. These coverages are subject to the amended to include as an additional terms and conditions applicable to Business insured the person(s) or organization(s) Liability Coverage in this policy, except as shown in the Declarations as an Additional provided below: Insured — Lessor of Leased Equipment, 1. Additional Insured - Designated Person Or but only with respect to liability for "bodily Organization injury", "property damage" or "personal WHO IS AN INSURED under Section C. is and advertising injury" caused, in whole or amended to include as an additional insured in part, by your maintenance, operation or the person(s) or organization(s) shown in the use of equipment leased to you by such Declarations, but only with respect to liability person(s) or organization(s). for "bodily injury", "property damage" or b. With respect to the insurance afforded to "personal and advertising injury" caused, in these additional insureds, this insurance whole or in part, by your acts or omissions or does not apply to any 'occurrence" which the acts or omissions of those acting on your takes place after you cease to lease that behalf: equipment. a. In the performance of your ongoing 5. Additional insured - Owners Or Other operations; or Interests From Whom Land Has Been b. In connection with your premises owned Leased by or rented to you. a. WHO IS AN INSURED under Section C. Is 2. Additional Insured - Managers Or Lessors amended to include as an additional Of Premises insured the person(s) or organization(s) shown in the Declarations as an Additional a. WHO IS AN INSURED under Section C. is Insured — Owners Or Other Interests From amended to include as an additional insured Whom Land Has Been Leased, but only the person(s) or organization(s) shown in the with respect to liability arising out of the Declarations as an Additional Insured - ownership, maintenance or use of that part Designated Person Or Organization; but only of the land leased to you and shown in the with respect to liability arising out of the Declarations. ownership, maintenance or use of that part of the premises leased to you and shown in the b . With respect to the insurance afforded to Declarations. these additional insureds, the following additional exclusions apply: b. With respect to the insurance afforded to these additional insureds, the following This insurance does not apply to: additional exclusions apply: (1) Any 'occurrence" that takes place This insurance does not apply to: after you cease to lease that land; or (1) Any 'occurrence" which takes place (2) Structural alterations, new after you cease to be a tenant in that construction or demolition operations premises; or performed by or on behalf of such person or organization. {2} Structural alterations, new construction or demolition operations 6. Additional Insured - State Or Political performed by or on behalf of such Subdivision — Permits person or organization. a. WHO IS AN INSURED under Section C. is amended to include as an additional insured the state or political subdivision shown in the Declarations as an Additional I�SPage 18 of 24 l Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM Insured — State Or Political Subdivision - Permits, but only with respect to operations performed by you or on your behalf for which the state or political subdivision has issued a permit. b. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to: (1) "Bodily injury", "property damage" or "personal and advertising injury" arising out of operations performed for the state or municipality; or (2) "Bodily injury" or "property damage" included in the "product -completed operations" hazard. 7. Additional Insured —Vendors a. WHO IS AN INSURED under Section C. is amended to include as an additional insured the person(s) or organization(s) (referred to below as vendor) shown in the Declarations as an Additional Insured - Vendor, but only with respect to "bodily injury" or "property damage" arising out of "your products" which are distributed or sold in the regular course of the vendor's business and only if this Coverage Part provides coverage for "bodily injury" or "property damage" included within the "products -completed operations hazard". b. The insurance afforded to the vendor is subject to the following additional exclusions: (1) This insurance does not apply to: (a) "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; (b) Any express warranty unauthorized by you; (c) Any physical or chemical change in the product made intentionally by the vendor; (d) Repackaging, unless unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original (a) Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; (f) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; (g) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or (h) "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (i) The exceptions contained in Subparagraphs (d) or (f); or (tt) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. (2) This insurance does not apply to any insured person or organization from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. 8. Additional Insured — Controlling Interest WHO IS AN INSURED under Section C. is amended to include as an additional insured the person(s) or organization(s) shown in the Declarations as an Additional Insured — Controlling Interest, but only with respect to their liability arising out of: a. Their financial control of you; or b. Premises they own, maintain or control while you lease or occupy these premises. Form SS 00 08 04 05j� . ff� Page 19 of 24 BUSINESS LIABILITY COVERAGE FORM This insurance does not apply to structural The limits of insurance that apply to additional alterations, new construction and demolition insureds are described in Section D. — Limits Of operations performed by or for that person or Insurance. organization. How this insurance applies when other insurance 9. Additional Insured — Owners, Lessees Or is available to an additional insured is described in Contractors — Scheduled Person Or the Other Insurance Condition in Section E. — Organization Liability And Medical Expenses General a. WHO IS AN INSURED under Section C. is Conditions. amended to include as an additional G. LIABILITY AND MEDICAL EXPENSES insured the person(s) or organization(s) DEFINITIONS shown in the Declarations as an Additional Insured — Owner, Lessees Or Contractors, 1. "Advertisement" means the widespread public but only with respect to liability for "bodily dissemination of information or images that injury", "property damage" or "personal has the purpose of inducing the sale of goods, and advertising injury" caused, in whole or products or services through: in part, by your acts or omissions or the a. (1) Radio; acts or omissions of those acting on your (2) Television; behalf: (3) Billboard; (1) In the performance of your ongoing (4) Magazine; operations for the additional insured(s); or (5) Newspaper; (2) In connection with "your work" b. The Internet, but only that part of a web performed for that additional insured site that is about goods, products or and included within the "products- services for the purposes of inducing the completed operations hazard", but sale of goods, products or services; or only if this Coverage Part provides c. Any other publication that is given coverage for "bodily injury" or widespread public distribution. "property damage" included within the However, "advertisement" does not include: "products -completed operations hazard". , g a. The design, printed material, information b. With respect to the insurance afforded to or images contained in, on or upon the these additional insureds, this insurance packaging or labeling of any goods or products; or does not apply to "bodily injury", "property damage" "personal an advertising b. An interactive conversation between or n injury' arising out of the rendering of, or among persons through a computer network, the failure to render, any professional 2. "Advertising idea" means any idea for an architectural, engineering or surveying "advertisement". services, including: 3. "Asbestos hazard" means an exposure or (1) The preparing, approving, or failure to threat of exposure to the actual or alleged prepare or approve, maps, shop properties of asbestos and includes the mere drawings, opinions, reports, surveys, presence of asbestos in any form. field orders, change orders, designs or 4. "Auto" means a land motor vehicle, trailer or drawings and specifications; or semi -trailer designed for travel on public (2) Supervisory, inspection, architectural roads, including any attached machinery or or engineering activities. equipment. But "auto" does not include 10. Additional Insured — Co -Owner Of Insured "mobile equipment". Premises 5. "Bodily injury" means physical: WHO IS AN INSURED under Section C. is a. Injury; amended to include as an additional insured b. Sickness; or the person(s) or Organization(s) shown in the Declarations as an Additional Insured — Co - c. Disease Owner Of Insured Premises, but only with sustained by a person and, if arising out of the respect to their liability as co-owner of the above, mental anguish or death at any time. premises shown in the Declarations. 6. "Coverage territory" means: �Q Page 20 of 24 �S 9 /✓ Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM a. The United States of America (including its territories and possessions), Puerto Rico and Canada; b. International waters or airspace, but only if the injury or damage occurs in the course of travel or transportation between any places included in a. above; C. All other parts of the world if the injury or damage arises out of: (1) Goods or products made or sold by you in the territory described in a. above; (2) The activities of a person whose home is in the territory described in a. above, but is away for a short time on your business; or (3) "Personal and advertising injury" offenses that take place through the Internet or similar electronic means of communication provided the insured's responsibility to pay damages is determined in the United States of America (including its territories and possessions), Puerto Rico or Canada, in a "suit" on the merits according to the substantive law in such territory, or in a settlement we agree to. 7. "Electronic data" means information, facts or programs: a. Stored as or on; b. Created or used on; or c. Transmitted to or from computer software, including systems and applications software, hard or floppy disks, CD-ROMS, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. 8. "Employee" includes a "leased worker". "Employee" does not include a "temporary worker". 9. "Executive officer" means a person holding any of the officer positions created by your charter, constitution, by-laws or any other similar governing document. 10. "Hostile fire" means one which becomes uncontrollable or breaks out from where it was intended to be. 11. "Impaired property" means tangible property, other than "your product" or "your work", that cannot be used or is less useful because: a. It incorporates "your product" or "your work" that is known or thought to be defective, deficient, iinnaaddequa or dangerous; or Form SS 00 08 04 05 b. You have failed to fulfill the terms of a contract or agreement; if such property can be restored to use by: a. The repair, replacement, adjustment or removal of "your product" or "your work"; or b. Your fulfilling the terms of the contract or agreement. 12. "Insured contract" means: 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 or explosion to premises while rented to you or temporarily occupied by you with permission of the owner is subject to the Damage To Premises Rented To You limit described in Section D. — Liability and Medical Expenses Limits of Insurance. b. A sidetrack agreement; c. Any easement or license agreement, including an easement or license agreement in connection with construction or demolition operations on or within 50 feet of a railroad; d. Any obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; e. An elevator maintenance agreement; or f. That part of any other contract or agreement pertaining to your business (including an indemnification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another party to pay for "bodily injury" or "property damage" to a third person or organization, provided the "bodily injury" or "property damage" is caused, in whole or in part, by you or by those acting on your behalf. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. includes that part of any contract or agreement that indemnifies a railroad for "bodily injury" or "property damage" arising out of construction or demolition operations within 50 feet of any railroad property and affecting any railroad bridge or trestle, tracks, road -beds, tunnel, underpass or crossing. However, Paragraph f. does not include that part of any contract or agreement: Page 21 of 24 BUSINESS LIABILITY COVERAGE FORM (1) That indemnifies an architect, engineer or surveyor for injury or damage arising out of: (a) Preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders, designs or drawings and specifications; or (b) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage; or (2) Under which the insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the insured's rendering or failure to render professional services, including those listed in (1) above and supervisory, inspection, architectural or engineering activities. 13. "Leased worker" means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm, to perform duties related to the conduct of your business. "Leased worker" does not include a "temporary worker". 14. "Loading or unloading" means the handling of property: a. After it is moved from the place where it is accepted for movement into or onto an aircraft, watercraft or "auto"; b. While it is in or on an aircraft, watercraft or "auto"; or c. While it is being moved from an aircraft, watercraft or "auto" to the place where it is finally delivered; but "loading or unloading" does not include the movement of property by means of a mechanical device, other than a hand truck, that is not attached to the aircraft, watercraft or "auto". 15. "Mobile equipment" means any of the following types of land vehicles, including any attached machinery or equipment: a. Bulldozers, farm machinery, forklifts and other vehicles designed for use principally off public roads; b. Vehicles maintained for use solely on or next to premises you own or rent; c. Vehicles that travel on crawler treads; d. Vehicles, whether self-propelled or not, on which are permanently mounted: Page 22 of 24 / (1) Power cranes, shovels, loaders, diggers or drills; or (2) Road construction or resurfacing equipment such as graders, scrapers or rollers; e. Vehicles not described in a., b., c., or d. above that are not self-propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types: (1) Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment; or (2) Cherry pickers and similar devices used to raise or lower workers; f. Vehicles not described in a., b., c., or d. above maintained primarily for purposes other than the transportation of persons or cargo. However, self-propelled vehicles with the following types of permanently attached equipment are not "mobile equipment" but will be considered "autos": (1) Equipment, of at least 1,000 pounds gross vehicle weight, designed primarily for: (a) Snow removal; (b) Road maintenance, but not construction or resurfacing; or (c) Street cleaning; (2) Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers; and (3) Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment. 16. "Occurrence" means an accident, including continuous or repeated exposure to substantially the same general harmful conditions. 17. "Personal and advertising injury" means injury, including consequential "bodily injury", arising out of one or more of the following offenses: a. False arrest, detention or imprisonment; b. Malicious prosecution; Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM c. The wrongful eviction from, wrongful entry into, or invasion of the right of private occupancy of a room, dwelling or premises that the person occupies, committed by or on behalf of its owner, landlord or lessor; d. Oral, written or electronic publication of material that slanders or libels a person or organization or disparages a person's or organization's goods, products or services; e. Oral, written or electronic publication of material that violates a person's right of privacy; f. Copying, in your "advertisement", a person's or organization's "advertising idea" or style of "advertisement"; g. Infringement of copyright, slogan, or title of any literary or artistic work, in your "advertisement"; or h. Discrimination or humiliation that results in injury to the feelings or reputation of a natural person. 18. "Pollutants" means any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste. Waste includes materials to be recycled, reconditioned or reclaimed. 19. "Products -completed operations hazard"; a. Includes all "bodily injury" and "property damage" occurring away from premises you own or rent and arising out of "your product" or "your work" except: (1) Products that are still in your physical possession; or (2) Work that has not yet been completed or abandoned. However, "your work" will be deemed to be completed at the earliest of the following times: (a) When all of the work called for in your contract has been completed. (b) When all of the work to be done at the job site has been completed if your contract calls for work at more than one job site. (c) When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Form SS 00 08 C Work that may need service, maintenance, correction, repair or replacement, but which is otherwise complete, will be treated as completed. The "bodily injury" or "property damage" must occur away from premises you own or rent, unless your business includes the selling, handling or distribution of "your product" for consumption on premises you own or rent. b. Does not include "bodily injury" or "property damage" arising out of: (1) The transportation of property, unless the injury or damage arises out of a condition in or on a vehicle not owned or operated by you, and that condition was created by the "loading or unloading" of that vehicle by any insured; or (2) The existence of tools, uninstalled equipment or abandoned or unused materials. 20. "Property damage" means: a. Physical injury to tangible property, including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it; or b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of "occurrence" that caused it. As used in this definition, "electronic data" is not tangible property. 21. "Suit" means a civil proceeding in which damages because of "bodily injury", "property damage" or "personal and advertising injury" to which this insurance applies are alleged. "Suit" includes: a. An arbitration proceeding in which such damages are claimed and to which the insured must submit or does submit with our consent; or b. Any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent. 22. "Temporary worker" means a person who is furnished to you to substitute for a permanent "employee" on leave or to meet seasonal or short-term workload conditions. 23. "Volunteer worker" means a person who: a. Is not your "employee"; Page 23 of 24 BUSINESS LIABILITY COVERAGE FORM b. Donates his or her work; (2) The providing of or failure to provide c. Acts at the direction of and within the warnings or instructions. scope of duties determined by you; and c. Does not include vending machines or d. Is not paid a fee, salary or other other property rented to or located for the compensation by you or anyone else for use of others but not sold. their work performed for you. 25. "Your work': 24. "Your product': a. Means: a. Means: (1) Work or operations performed by you (1) Any goods or products, other than real or on your behalf; and property, manufactured, sold, handled, 2 , () Materialsparts or equipment distributed or disposed of by: furnished in connection with such work (a) You; or operations. (b) Others trading under your name; b. Includes: or (1) Warranties or representations made at (c) A person or organization whose any time with respect to the fitness, business or assets you have quality, durability, performance or use acquired; and of "your work; and (2) Containers (other than vehicles), (2) The providing of or failure to provide materials, parts or equipment warnings or instructions, furnished in connection with such goods or products. b. Includes: (1) Warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of "your product'; and Page 24 of 24 Form SS 00 08 04 05 F1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA Policy Number: 72 WEC GF7491 Endorsement Number: 02 Effective Date: 10/09/14 Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address: TRIPEPI SMITH & ASSOCIATES PO BOX 52152 IRVINE, CA 92619 We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be premium otherwise due on such remuneration. Person or Organization ANY PERSON OR ORGANIZATION FROM WHOM YOU ARE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT TO OBTAIN THIS WAIVER OF RIGHTS FROM US SCHEDULE % of the California workers' compensation Job Description BLANKET OPERATIONS Countersigned by Authorized Representative 04 306 (1) Printed in U.S.A. lzz c Date: 10/09/14 Policy Expiration Date: 06/20/15 d THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION TO CERTIFICATE HOLDER(S) This policy is subject to the following additional Conditions: A. If this policy is cancelled by the Company, other than for non-payment of premium, notice of such cancellation will be provided at least thirty (30) days in advance of the cancellation effective date to the certificate holder(s) with mailing addresses on file with the agent of record or the Company. B. If this policy is cancelled by the company for non- payment of premium, or by the insured, notice of such cancellation will be provided within ten (10) days of the cancellation effective date to the certificate holder(s) with mailing addresses on file with the agent of record or the Company. If notice is mailed, proof of mailing to the last known mailing address of the certificate holder(s) on file with the agent of record or the Company will be sufficient proof of notice. Any notification rights provided by this endorsement apply only to active certificate holder(s) who were issued a certificate of insurance applicable to this policy's term. Failure to provide such notice to the certificate holder(s) will not amend or extend the date the cancellation becomes effective, nor will it negate cancellation of the policy. Failure to send notice shall impose no liability of any kind upon the Company or its agents or representatives. / , m SS 12 23 06 11 Page 1 of 1 © 2011, The Hartford ­__01411i TRIPSMI-01 VFOSTER DATE(412020 MMIDDYYYY) ,4`oRo CERTIFICATE OF LIABILITY INSURANCE 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(ies) 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 endorsements . PRODUCER License#OH18131 g2jjACT Victoria Foster Momentous Insurance Brokerage, A Marsh & McLennan Agency LLCN Company 5990 Sepulveda Blvd., #550 o. Ext: 818 933-9868 ,Np: 818 933-2287 E I . victoria.foster@mmibi.com INSURERS AFFORDING COVERAGE NAI Van Nuys, CA 91411 INSURER A Sentinel Insurance Company 11000 INSURED IN RER B : Hartford Steam Boller Inspection and Insurance CO. 11452 IN SURER C Tripepi Smith & Associates c/o Nicole Smith PO Box 52152 INSURER E Irvine, CA 92619 INSURER F : COVERAGES CFRTIFICATF NIIMRFR- REVISION NUMBER - THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTRTYPE OF INSURANCE ADDL SUER POLICY NUMBER POLICY EFF POLICY EXP LIMITS A X [COMMERCIAL GENERAL LIA&IJTY CLAIMS -MADE �OCCU X 2SBAAP9446 6/2012020 612012021 EACH OCCURRENCE 2,000,000 DAMAGE TO RENTED 1,OOQ000 MEDEXP An one ersm 10,000 s/ VI-1, PERSONAL &ADV INJURY S 2,000,000 GENL AGGREGATE LIRM�B APPLIES PER: POLICY �X dECT LOC GENERAL AGGREGATE 4,000,000 PRODUCTS -COMP/OPAGG S 4,000,000 OTHER: A AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT in 2,000,000 BODILY INJURY Per person) ANY AUTO 2SBAAP9446 6/2012020 6120/2021 BODILY INJURY Per accident AUTEO�S ONLY A,��WWWLNNEEEDpp � ./ X PPaOa EttiGent AMAGE AUTOS ONLY X AUTNOONLY A X UMBRELLA LIAB X OCCUR EACHOCCURRENCE 11000,000 A 1,000,000 EXCESSLIAB CLAIMS -MADE 72SBAAP9446 6120/2020 612012021 DED X RETENTIONS 10,000 B WORKERS COMPENSATION AND EMPLOYERT LIABILITY y IN PROPRIETORIPARTNEFVEXECUTIVE W.F.gryMggREXCLUDED? s ,tlescrioe antler D R191 N F P NIA 2WECGF7491 612012020 612012021 PER OTH- EACH HA ACCIDENT 0 00ANY 100'0g00iO EA EMPLOYEE E.L. I - POLICY 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is recut red) The City of Santa Ana, its officers, employees, agents, volunteers and representatives are included as additional insureds under the General Liability Insurance in regards to the operations of the named Insured and as required by written contract, per form SS00080405 (pages 11-13 of 24) attached to the policy. The General Liability is Primary and Non -Contributory where required by written contract, per form SS00080405 (page 17 of 24). The policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City, per the endorsement to be Issued by the carrier. REVIEWED & APP BEFORE tuVV , 2020 THEULD EXANYPIRATTIIONH DATTEy THEREOFDESCRIBE NOTICEEWILL CBEC ELLED DELIVERED IN City of Santa Ana - ACCORDANCE WITH THE POLICY PROVISIONS. 20 Civic Center Plaza Santa Ana, CA 92701 ANCIIE ACEVEdO AUTHORIZED REPRESENTATIVE M rim ACORD 25 (2016103) ©1988.2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD