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HomeMy WebLinkAboutECONOMICS, INC.INBURAW. ON FILI WORK MAY PROCEED UNTIL INSURANCE EXPIRES A-2021-095 CLERK OF COUNCIL aEl,U1NL A1V1E1NL1V1E1N'11'0AGHEEME1N'1' 1'O DEVELOP DATE: COST PROJECTIONS FOR AN ORGANICS DIVERSION PROGRAM CV O THIS SECOND AMENDMENT to the above -referenced agreement is entered into on June 15, co 2021, by and between EcoNomics, Inc. ("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"). 0% Po At'(SA) Z RECITALS A. The parties entered into Agreement No. N-2019-080, dated April 1, 2018, by which Consultant agreed to develop cost projections for an organics diversion program compliant with state law ("Agreement"). The term of the Agreement ran through June 30, 2020. B. On June 16, 2020, the Parties entered into a First Amendment to the Agreement to increase the scope of services, include additional compensation due to the increased services, and extend the term of the Agreement until June 30, 2021. The Agreement is current and in effect. C. The parties now wish to further amend the Agreement to expand the scope of work, increase the amount to be expended under the Agreement, and extend the term of the Agreement. The Parties therefore agree: Section 1, Scope of Services, is further amended to include the additional services that are described on Exhibit A to this Second Amendment. 2. Section 2.a, Compensation, is amended in its entirety to increase the total sum to be expended under the term of the Agreement, as amended, by $119,988 per the rates and fees attached here to as Exhibit A to the Second Amendment. The sum of this amount is comprised of (1) the base sum of $99,990; and (2) a 20% contingency of $19,998 for additional services provided at the City's sole discretion. The total amount to be expended under the term of this Agreement, including any extension period, shall not exceed $209,952. 3. Section 3, Term, is amended in its entirety to increase the term through June 30, 2022, with the option for the parties to extend the term for an additional one (1) year period. 4. Except as modified by this Second Amendment, all terms and conditions of the Agreement, as amended, shall remain in full force and effect. [signature page to follow] IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to the Agreement on the date and year first written above. ATTEST CITY OF SANTA ANA Y GOMEZ — SKTINE RIDGE of the Council City Manager APPROVED AS TO FORM SONIA R. CARVALHO, City Attorney By: BRANDON SALVATIERRA Deputy City Attorney RECOMMENDED FOR APPROVAL Nabil Saba Executive Director, Public Works Agency CONSULTANT Title: Scc Zz TXNN Vy ce y>u�l vrr�T t-rancine H. Villareal Villareal Date: 2021.03.241 7:05:34 -0J'0 A�?� CERTIFICATE OF LIABILITY INSURANCE DAT2/08/2021 1 02/OB/2021 _ 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 CONTACT Nicole Hardin NAME: Advanced Brokers Insurance Services PHONE E (858) 436-7999 FAX ac (858) 436-7998 ik.—...gjLservice@advancedbrokersinc.com 360 N El Camino Real 1A advancedbrokersinc.com ADDRESS: INSURERSI AFFORDING COVERAGE NAIC a Encinitas CA 92024 INSURERA: Liberty Mutual Insurance INSURED INSURER a: AXIS Surplus Insurance Company Eco/Nomics, Inc. dba Eral/nomics, Inc. IxsuRERc: 832 Camino Del Mar Ste2 INSURER D : INSURER E: 4�1 Del Mar CA 92014 1 INSURER F: 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. ILiR TYPE OF INSURANCE ADDLSUBR POLICY NUMBER POUCYEFF IMUMO POLICY EXP MWOD LIMITS X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE FXI OCCUR EACH OCCURRENCE $ 1,000,000 DAMAGE TO RE JTED PREMISES fEa accunencel $ 500,000 MED IXP (Arty one person) $ 15,000 PERSONAL& ADV INJURY $ 1,000.000 A X X BKS57048355 12/09/2020 12/09/2021 GEN'L X N AGGREGATE LIMIT APPLIES PER: POLICY JEST LOC GENERAL AGGREGATE $ 2,000,000 PRODUCTS -COMPIOP AGO $ 2,000,000 $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ee accident $ 1,000,000 BODILY INJURY (Per person) $ ANY AUTO A X OWNED SCHEDULED AUTOS ONLYRAUTOS X X BAS57048355 12/11/2020 12/09/2021 BODILY INJURY Per accident ( ) $ HIRED NON -OWNED AUTOS ONLY AUTOS ONLY X PROPERTY DAMAGE Per accident $ UMBRELLA LIAS OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS UMCLAIMS-MADE DEOI RETENTION $ s WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN N ANY PROPRIETORIPARTNEWEXECUTIVE OFFICER/MEMBER EXCLUDED? NIA PER OTH- ATER EL EACH ACCIDENT $ EL. DISEASE - EA EMPLOYE $ (Mandatory in NH) If yas, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $ Professional Liability Each Claim $1,000,000 B X X EMP19001661-01 10/01/2020 10/01/2021 Aggregate $2,000,000 Deductible $5,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remedies Schedule, may be attached If more space Is malulred) City of Santa Ana, its officers, employees, agents, and representatives are Additional Insureds with respect to General Liability, Auto Liability, Professional and Pollution Liability per the attached endorsements or as required by written contract. Insurance is Primary and Non -Contributory. *30 Days' Notice of Cancellation with 10 days' notice of Non -Payment of premium in accordance with the policy provisions. Operations of the insured covered under the above policies. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Santa Ana ACCORDANCE WITH THE POLICY PROVISIONS. Risk Management Division, 4th floor AUTHORIZED REPRESENTATIVE 20 Civic Center Plaza P,Isle M®1flSa"Irsd D'nisian Santa Ana CA 92702 REVIEWED & APPR�O�V�E) BY. © 1988-2015 ACORD C `I,;ALJ' F;,r.a �. Vs(6itM'/C ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD' ' Risk Management Analyst Coverage Is Provided In: Policy Number, Liberty Ohio Security Insurance Company - a stock company BKS (21) 57 04 63 55 MU'ay. Policy Period, INSURANCE From 12/09/2020 To 12/09/2021 — 12:01 am Standard Time at Insured Mailing Location Common Policy Declarations Named Insured Agent ECONOMICS INC DBA ECAL/NOMICS (844) 547-9382 832 Camino Del Mar Ste 2 WORLDWIDE FACILITIES, LLC Del Mar, CA 92014 PO BOX 12279 SANTA ROSA, CA 95406-2279 SUMMARY OF LOCATIONS This policy provides coverage for the following under one or more coverage parts. Please refer to the individual Coverage Declarations Schedules, or, the individual Coverage Forms for locations or territory definition for that specific Coverage Part. 0001 832 Camino Del Mar Ste 2, Del Mar, CA 92014-2808 0002 33155 Camino Capistrano Ste E, San Juan Capistrano, CA 92675-4829 0003 206 W 4th St Ste 429, Santa Ana, CA 927014678 POLICY FORMS AND ENDORSEMENTS This section lists the Forms and Endorsements for your policy. Refer to these documents as needed for detailed information concerning your coverage. FORM NUMBER TITLE CG 00 Ol 04 13 Commercial General Liability Coverage Form - Occurrence CG 20 10 04 13 Additional Insured - Owners, Lessees or Contractors - Scheduled Person or Organization CG 20 37 04 13 Additional Insured - Owners, Lessees or Contractors - Completed Operations CG 21 06 05 14 Exclusion - Aecess Or Disclosure Of Confidential Or Personal Information And Data -Related Liability - With Limited Bodily Injury Exception CG 21 47 12 07 Employment -Related Practices Exclusion In witness whereof, we have caused this policy to be signed by our authorized officers. Mark Touhey Secretary To report a claim, call your Agent or 1-844-325-2467 DS70211116 David Long President REVIEWED APPROVED BY: F ri P" (1: f Mz'I `9WR RKk M anagement Analyst 10125/20 57048355 PULSVCS 290 NCXFPPNU INSURED COPY Coverage Is Provided In: Liberty Ohio Security Insurance Company Policy Number: BKS - a stock company mutUHh (21) 57 04 83 55 INSURANCE Policy Period: From 12/0912020 To 12109/2021 12:01 am Standard Time at Insured Mailing Location Common Policy Declarations Named Insured Agent ECONOMICS INC DBA ECAUNOMICS (844) 547-9382 832 Camino Del Mar Ste 2 WORLDWIDE FACILITIES, LLC Del Mar, CA 92014 PO BOX 12279 SANTA ROSA, CA 95406-2279 POLICY FORMS AND ENDORSEMENTS - CONTINUED This section lists all of the Forms and Endorsements for your policy. Refer to these documents as needed for detailed information concerning your coverage. FORM NUMBER TITLE CG 21 67 12 04 Fungi or Bacteria Exclusion CG 21 73 Ol 15 Exclusion of Certified Acts of Terrorism CG 21 87 Ol 15 Conditional Exclusion of Terrorism - (Relating to Disposition of Federal Terrorism Risk Insurance Act) CG 24 26 04 13 Amendment of Insured Contract Definition CG 80 61 05 11 Amendment of Cancellation Provisions CG 84 99 01 12 Non -Cumulation Of Liability Limits Same Occurrence CG 85 15 09 03 Exclusion - Professional Services CG 88 1004 13 Commercial General Liability Extension CG 88 60 1208 Each Location General Aggregate Limit CG 88 61 1208 Property Damage - Customers' Goods CG 88 66 12 08 Property Damage - Borrowed Equipment CG 88 77 12 08 Medical Expense At Your Request Endorsement CG 88 86 12 08 Exclusion - Asbestos Liability CG 8901 12 08 Hired Auto And Non -Owned Auto Liability CG 90 41 01 13 Amendment Of Coverage B Personal And Advertising Injury CP 00 10 04 02 Building and Personal Property Coverage Form CP 00 90 07 88 Commercial Property Conditions CP 01 400706 Exclusion of Loss Due to Virus or Bacteria CP 04 49 02 20 California Changes - Replacement Cost CP 10 30 04 02 Causes of Loss - Special Form CP 10 32 08 08 Water Exclusion Endorsement CP 72 97 04 02 Equipment Breakdown Enhancement Endorsement - Special Form CP 88 04 03 10 Removal Permit To report a claim, call your Agent or 1-844-325-2467 DS 70 21 11 16 10/29/20 57048355 POLSVCS 290 1Uslx naanayttnrne Utrision WcREVIEwED&pAP1PIR� VEDBYE: • r �ffYhM2 tom, y�t,tN6aF4 ��---� Rrsk Management Analyst NCXFPPNO INSURED COPY Coverage Is Provided In: Policy Number: Liberty Ohio Security Insurance Company - a stock company BKS (21) 57 04 8,T 55 tual Mu. Policy Period: INSURANCE From 12/09/2020 To 12/09/2021 - 12:01 am Standard Time at Insured Mailing Location Common Policy Declarations Named Insured Agent ECONOMICS INC DBA ECAL/NOMICS (844) 547-9382 832 Camino Del Mar Ste 2 WORLDWIDE FACILITIES, LLC Del Mar, CA 92014 PO BOX 12279 SANTA ROSA, CA 95406-2279 POLICY FORMS AND ENDORSEMENTS - CONTINUED This section lists all of the Forms and Endorsements for your policy. Refer to these documents as needed for detailed information concerning your coverage. FORM NUMBER TITLE CP 88 17 08 12 California Custom Protector - Extended Period of Indemnity CP 90 40 08 12 Office / Lessors Custom Protectors Endorsement CP 90 59 12 12 Identity Theft Administrative Services and Expense Coverage CP 91 42 08 12 Custom Protector Plus Endorsement IL 00 17 11 98 Common Policy Conditions IL 00 21 09 08 Nuclear Energy Liability Exclusion Endorsement (Broad Form) 1L Ol 0202 20 California Changes - Actual Cash Value IL Ol 04 09 07 California Changes IL 02 70 12 19 California Changes - Cancellation and NonRenewal IL 09 35 07 02 Exclusion of Certain Computer -Related Losses IL 09 53 Ol 15 Exclusion Of Certified Acts Of Terrorism Endorsement IL 09 9501 07 Conditional Exclusion of Terrorism (Relating to Disposition of Federal Terrorism Risk Insurance Act) LC 87 10 05 00 Punitive or Exemplary Damages Exclusion NP 74 26 04 13 Notice to Policyholder Fully Earned Minimum Premium Endorsements To report a claim, call your Agent or 1-844-325-2467 DS 70 21 11 16 10129/20 570411355 PULSVCS 290 NCXFPPNO INSURED COPY ccREVIEWED 6pAPPROVED 6Y: U RiskManagement Analyst POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG 20 10 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): City of Santa Ana 20 Civic Center Plaza SANTA ANA, CA 92701 Location(s) Of Covered Operations All Locations Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II - Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for 'bodily in- jury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing oper- ations for the additional insured(s) at the lo- cation(s) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permit- ted by taw; and 2. If coverage provided to the additional in- sured is required by a contract or agree- ment, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following addi- tional exclusions apply: This insurance does not apply to 'bodily in- jury" or" property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than ser- vice, maintenance or repairs) to be per- formed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work' out of which the injury or damage arises has been put to its intended use by any person or or- ganization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 20 10 04 13 Insurance Services Office, Inc., 2012 Risk MmugemenE Dirvisbn ��� REVIEWED& APPROVED81 MMM `I.lulfllit'1' Few e 1 . V i Fneec Risk Management Analyst C. With respect to the insurance afforded to these additional insureds, the following is added to Section III - Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the ap- plicable Limits of Insurance shown in the Dec- larations. Page 2 of 2 Insurance Services Office, Inc., 2012 Risk MansgemwL Division r, REVIEWED& APPROVED By. R. VjI/AA '�' Risk Management Analyst COMMERCIAL GENERAL LIABILITY CG 21 87 01 15 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONDITIONAL EXCLUSION OF TERRORISM (RELATING TO DISPOSITION OF FEDERAL TERRORISM RISK INSURANCE ACT) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY A. Applicability Of The Provisions Of This En- dorsement The provisions of this endorsement be- come applicable commencing on the date when any one or more of the fol- lowing first occurs. But if your policy (meaning the policy period in which this endorsement applies) begins after such date, then the provisions of this endorse- ment become applicable on the date your policy begins. a. The federal Terrorism Risk Insur- ance Program ("Program"), estab- lished by the Terrorism Risk Insur- ance Act, has terminated with respect to the type of insurance pro- vided under this Coverage Part or Policy; or b. A renewal, extension or replacement of the Program has become effective without a requirement to make ter- rorism coverage available to you and with revisions that: (1) Increase our statutory percent- age deductible under the Pro- gram for terrorism losses. (That deductible determines the amount of all certified terrorism losses we must pay in a calen- dar year, before the federal gov- ernment shares in subsequent payment of certified terrorism losses.); or (2) Decrease the federal govern- ment's statutory percentage share in potential terrorism losses above such deductible; or 2. 3. (3) Redefine terrorism or make in- surance coverage for terrorism subject to provisions or require- ments that differ from those that apply to other types of events or occurrences under this policy. If the provisions of this endorsement be- come applicable, such provisions: a. Supersede any terrorism endorse- ment already endorsed to this policy that addresses "certified acts of ter- rorism" and/or "other acts of terror- ism", but only with respect to an in- cident(s) of terrorism (however defined) which results in injury or damage that occurs on or after the date when the provisions of this en- dorsement become applicable (for claims made policies, such an en- dorsement is superseded only with respect to an incident of terrorism (however defined) that results in a claim for injury or damage first be- ing made on or after the date when the provisions of this endorsement become applicable); and b. Remain applicable unless we notify you of changes in these provisions, in response to federal law. If the provisions of this endorsement do NOT become applicable, any terrorism endorsement already endorsed to this policy, that addresses "certified acts of terrorism" and/or "other acts of terror- ism", will continue in effect unless we notify you of chan es to that endorse- ment in response t t CG 21 87 01 15 Insurance Services Office, Inc., 2015 REVIEWED R&pnAPPRovmBYBy.,'�NnMe F. vj&44d Rink Management Analysi B. The following definitions are added and apply 1. The "terrorism" is carried out by means under this endorsement wherever the term of the dispersal or application of radioac- ' terrorism, or the phrase any injury or dam- tive material, or through the use of a nu - age, are enclosed in quotation marks: clear weapon or device that involves or 1. "Terrorism" means activities against per- produces a nuclear reaction, nuclear radi- sons, organizations or property of any na- ation or radioactive contamination; or ture: 2. Radioactive material is released, and it a. That involve the following or appears that one purpose of the "terror - preparation for the following: ism" was to release such material; or (1) Use or threat of force or vio- 3. The "terrorism" is carried out by means lence; or of the dispersal or application of patho- genic or poisonous biological or chemi- cal materials; or gerous act; or 4. Pathogenic or poisonous biological or (3) Commission or threat of an act chemical materials are released, and it that interferes with or disrupts that appears that one purpose of the "terror - electronic, communication, ism" was to release such materials; or information, or mechanical sys-an tem; and 5. The total of insured damage to all types of property exceeds $25,000,000. In de - b. When one or both of the following termining whether the $25,000,000 applies: threshold is exceeded, we will include all (1) The effect is to intimidate or co- insured damage sustained by property of erce a government or the civilian all persons and entities affected by the population or any segment "terrorism" and business interruption thereof, or to disrupt any seg- losses sustained by owners or occupants ment of the economy; or of the damaged property. For the purpose (2) It appears that the intent is to in- of this provision, insured damage means timidate or coerce a govern- damage that is covered by any insurance ment, or to further political, plus damage that would be covered by ideological, religious, social or any insurance but for the application of economic objectives or to ex- any terrorism exclusions; or press (or express opposition to) 6. Fifty or more persons sustain death or se- a philosophy or ideology. rious physical injury. For the purposes of 2. "Any injury or damage" means any in- this provision, serious physical injury jury or damage covered under any Cov- means: erage Part or Policy to which this en- a. Physical injury that involves a sub- dorsement is applicable, and includes but stantial risk of death; or is not limited to "bodily injury", "prop- b. Protracted and obvious physical dis- erty damage", "personal and advertising figurement; or injury", "injury" or "environmental dam- age" as may be defined in any applicable c. Protracted loss of or impairment of Coverage Part or Policy. the function of a bodily member or C. The following exclusion is added: organ. Multiple incidents of "terrorism" which occur EXCLUSION OF TERRORISM within a 72-hour period and appear to be car - We will not pay for "any injury or damage" ried out in concert or to have a related pur- caused directly or indirectly by "terrorism", pose or common leadership will be deemed including action in hindering or defending to be one incident, for the purpose of deter - against an actual or expected incident of "ter- mining whether the thresholds in Paragraphs rorism". "Any injury or damage" is excluded C.S. or C.6, are exceeded. regardless of any other cause or event that contributes concurrently or in any sequence to such injury or damage. But this exclusion applies only when one or more of the follow- ing are attributed to an incident of "terror- ism": Rick ManagemoeE DfWeian REVIEWED & APPROVED BY.' l ilY �u.+d�.>•z �.. V�QecnaFl Page 2 of 3 Insurance Services Office, Inc., 2015 ® ftk Management Analyst With respect to this Exclusion, Paragraphs C.S. and CA describe the threshold used to measure the magnitude of an incident of "ter- rorism" and the circumstances in which the threshold will apply, for the purpose of deter- mining whether this Exclusion will apply to that incident. When the Exclusion applies to an incident of "terrorism", there is no cov- erage under this Coverage Part or Policy. The terms and limitations of any terrorism ex- clusion, or the inapplicability or omission of a terrorism exclusion, do not serve to create coverage for injury or damage that is other- wise excluded under this Coverage Part. CG 21 87 01 15 Insurance Services Office, Inc., 2015 tEwEo& em�„to 8r CREVIEV/m �pAPPR.O,Vt®BY,: i<�K D VKWPK ftkk Management Analyst COMMERCIAL GENERAL LIABILITY CG24260413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT OF INSURED CONTRACT DEFINITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The definition of "insured contract" in the Defini- Paragraph f. does not include that part of tions section is replaced by the following: any contract or agreement: "Insured contract" means: (1) That indemnifies a railroad for "bod- a. A contract for a lease of premises. How- ily injury" or "property damage" ever, that portion of the contract for a arising out of construction or lease of premises that indemnifies any demolition operations, within 50 feet person or organization for damage by fire of any railroad property and affecting to premises while rented to you or tem- any railroad bridge or trestle, tracks, porarily occupied by you with permission road -beds, tunnel, underpass or of the owner is not an "insured contract"; crossing; b. A sidetrack agreement; (2) That indemnifies an architect, engi- neer or surveyor for injury or dam- c. Any easement or license agreement, ex- age arising out of: cept in connection with construction or (a) Preparing, approving, or failing demolition operations on or within 50 to approve, maps, feet of a railroad; prepare or shop drawings, opinions, re- d. An obligation, as required by ordinance, ports, surveys, field orders, to indemnify a municipality, except in change orders or drawings and connection with work for a municipality; specifications; or e. An elevator maintenance agreement; (b) Giving directions or instructions, f. That part of any other contract or agree- or failing to give them, if that is ment pertaining to your business (includ- the primary cause of the injury ing an indemnification of a municipality or damage; or in connection with work performed for a (3) Under which the insured, if an archi- municipality) under which you assume tect, engineer or surveyor, assumes the tort liability of another party to pay liability for an injury or damage aris- for "bodily injury" or "property damage" ing out of the insured's rendering or to a third person or organization, pro- failure to render professional ser- vided the "bodily injury" or "property vices, including those listed in (2) damage" is caused, in whole or in part, above and supervisory, inspection, by you or by those acting on your behalf. architectural or engineering activi- However, such part of a contract or ties. agreement shall only be considered an "insured contract" to the extent your as- sumption of the tort liability is permitted by law. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. CG 24 26 04 13 Insurance Services Office, Inc., 2012 Wa4MansgrmmtElMsbn i REvitw m&pAPPeo/vm Sr: Rlsk Management Analyst COMMERCIAL GENERAL LIABILITY CG 80 61 05 11 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT OF CANCELLATION PROVISIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Any term or provision of the Cancellation Conditions of the policy or any endorsement amending or replac- ing such Conditions is amended by the following: A. If we cancel this policy for any reason other than nonpayment of premium, we will notify the person or organization shown in the Schedule below. In no event will the notice to the person or organization scheduled below exceed the notice to the first named insured. B. Our obligation to send notice to the person or organization listed in the Schedule below will terminate at the earlier of the current policy period expiration or when you no longer have a legal or contractual obligation to such person or organization to maintain insurance coverage under a policy which requires that such person or organization be notified in the event of cancellation. SCHEDULE 1. Name: City of Rancho Mirage 2. Address: 69825 Highway III RANCHO MIRAGE, CA 92270 1 Number of days advance notice: 30 All other terms and conditions of this policy remain unchanged. Rls4Mewgem.EDWim 2011 Liberty Mutual Agency Corporation. All rights reserved. ;� � �� REMEwm &APPROVED BY. CG 80 61 05 11 Includes copyrighted material of Insurance Services Office, Inc., with its permissi �S�il]JJ➢'1 F4.W .e z V:2LA4"At ®' Risk Management Analyst I COMMERCIAL GENERAL LIABILITY CG 80 61 05 11 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT OF CANCELLATION PROVISIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Any term or provision of the Cancellation Conditions of the policy or any endorsement amending or replac- ing such Conditions is amended by the following: A. If we cancel this policy for any reason other than nonpayment of premium, we will notify the person or organization shown in the Schedule below. In no event will the notice to the person or organization scheduled below exceed the notice to the first named insured. B. Our obligation to send notice to the person or organization listed in the Schedule below will terminate at the earlier of the current policy period expiration or when you no longer have a legal or contractual obligation to such person or organization to maintain insurance coverage under a policy which requires that such person or organization be notified in the event of cancellation. SCHEDULE 1. Name: City of Santa Ana 2. Address: 20 Civic Center Plaza SANTA ANA, CA 92701 3. Number of days advance notice: 30 All other terms and conditions of this policy remain unchanged. RlekMnugawa DiWelan 2011 Liberty Mutual Agency Corporation. All rights reserved. ,, NeAEvrtv6ArPRov®BY: CG 80 61 05 11 Includes copyrighted material of Insurance Services Office, Inc., with its permissi ? f,ucwtwt ice' RBk Management Analyst COMMERCIAL GENERAL LIABILITY CG 84 99 01 12 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NON -CUMULATION OF LIABILITY LIMITS (SAME OCCURRENCE) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART The following is added to Paragraph 5. under Section III - Limits Of Insurance: Non -Cumulation of Liability - Same Occurrence - If one "occurrence" causes "bodily injury" or "property damage' during the policy period and during the policy period of one or more prior, or future, general liability policies issued to you by us, then this policy's Each Occurrence Limit will be reduced by the amount of each payment made by us under the other policies because of such "occurrence." "For purposes of this endorsement, the term "us" also includes any other company that is or was part of the Liberty Mutual Agency Corporation division of Liberty Mutual Group." 2011 Liberty Mutual Insurance. All rights reserved. RIAMenagementDbisbn CG 84 99 01 12 Includes copyrighted material of Insurance Services Office, Inc., with its permissk [REVIEWED & APPRov®8Y: �' Risk Management Analyst COMMERCIAL GENERAL LIABILITY CG 85 15 09 03 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION —PROFESSIONAL SERVICES This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART The following exclusion is added to Paragraph 2., Exclusions of Section I - Coverage A - Bodily In- jury And Property Damage Liability and Section I Coverage B - Personal And Advertising Injury Li- ability: This insurance does not apply to "bodily injury", "property damage", or "personal and advertising injury" resulting from the rendering of or the fail- ure to render any professional services by any in- sured to others. For the purpose of this exclusion, professional services include but are not limited to: 1. Providing expert advice, analysis or planning regarding financial matters including: a. Acting as a dividend disbursing agent, exchange agent, redemption or subscrip- tion agent, warrant or scrip agent, fiscal or paying agent, tax withholding agent, escrow agent, clearing agent, or electron- ic funds transfer agent; b. Lending, or arranging for the lending of, money, including credit card, debit card, leasing or mortgage operations or activi- ties or interbank transfers; c. Repossessing of real or personal proper- ty from a borrower or acting as an as- signee of the benefit of creditors; d. Checking or reporting of credit; e. Maintaining of financial accounts or records; f. Tax planning, tax advising or the prep- aration of tax returns; or g. Selling or issuing travelers checks, letters of credit, certified checks, bank checks or money orders. 2. Providing any medical services. 3. Providing any legal services. 4. Providing any architectural or engineering services. 5. Providing expert advice, analysis or planning to others regarding product development or design. 6. Providing expert advice, analysis or planning regarding counseling services such as: a. Mental health; b. Crisis prevention; c. Social services; d. Drug and alcohol rehabilitation; or e. Similar subjects. RWkMwwge.,,e EDnsarn ,; REVIEWED&APPROVEDBr. Includes copyrighted material of ISO Properties, Inc., with its permis ,I ..... ACR'? F4A+,e � Jz. V:tt.�WI CG 85 15 09 03 ISO Properties, Inc., 2003 Lgq�mm_ RBk Management Analyst COMMERCIAL GENERAL LIABILITY CG 88 10 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL GENERAL LIABILITY EXTENSION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART INDEX SUBJECT Rol, MOITY711 PAGE 2 NON -OWNED WATERCRAFT 2 PROPERTY DAMAGE LIABILITY - ELEVATORS 2 EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) 2 MEDICAL PAYMENTS EXTENSION 3 EXTENSION OF SUPPLEMENTARY PAYMENTS - COVERAGES A AND B 3 ADDITIONAL INSUREDS - BY CONTRACT, AGREEMENT OR PERMIT 3 PRIMARY AND NON-CONTRIBUTORY- ADDITIONAL INSURED EXTENSION 5 ADDITIONAL INSUREDS - EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE" 6 WHO IS AN INSURED - INCIDENTAL MEDICAL ERRORS/MALPRACTICE AND WHO IS AN INSURED - FELLOW EMPLOYEE EXTENSION - MANAGEMENT EMPLOYEES 6 NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES 7 FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES 7 KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT 7 LIBERALIZATION CLAUSE 7 BODILY INJURY REDEFINED 7 EXTENDED PROPERTY DAMAGE 8 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US - 8 WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU RiskMancg me tDMsim REVIEWED 6 APPRova7 By. 2013 Liberty Mutual Insurance ® F��.a R' V` A4P CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permissi Risk Management Analyst With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified by the endorsement. A. NON -OWNED AIRCRAFT Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liability, exclusion g. Aircraft, Auto Or Watercraft does not apply to an aircraft provided: 1. It is not owned by any insured; 2. It is hired, chartered or loaned with a trained paid crew; 3. The pilot in command holds a currently effective certificate, issued by the duly constituted authority of the United States of America or Canada, designating her or him a commercial or airline pilot; and 4. It is not being used to carry persons or property for a charge. However, the insurance afforded by this provision does not apply if there is available to the insured other valid and collectible insurance, whether primary, excess (other than insurance written to apply specifically in excess of this policy), contingent or on any other basis, that would also apply to the loss covered under this provision. B. NON -OWNED WATERCRAFT Under Paragraph 2. Exclusions of Section I -Coverage A - Bodily Injury And Property Damage Liability, Subparagraph (2) of exclusion g. Aircraft, Auto Or Watercraft is replaced by the following: This exclusion does not apply to: (2) A watercraft you do not own that is: (a) Less than 52 feet long; and (b) Not being used to carry persons or property for a charge. C. PROPERTY DAMAGE LIABILITY -ELEVATORS 1. Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liabil- ity, Subparagraphs (3), (4) and (6) of exclusion j. Damage To Property do not apply if such "property damage" results from the use of elevators. For the purpose of this provision, elevators do not include vehicle lifts. Vehicle lifts are lifts or hoists used in automobile service or repair operations. 2. The following is added to Section IV - Commercial General Liability Conditions, Condition 4. Other Insurance, Paragraph b. Excess Insurance: The insurance afforded by this provision of this endorsement is excess over any property insurance, whether primary, excess, contingent or on any other basis. D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) If Damage To Premises Rented To You is not otherwise excluded from this Coverage Part: 1. Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury and Property Damage Liability: a. The fourth from the last paragraph of exclusion j. Damage To Property is replaced by the follow- ing: Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire, lightning, explosion, smoke, or leakage from an automatic fire protection system) to: (i) Premises rented to you for a period of 7 or fewer consecutive days; or (ii) Contents that you rent or lease as part of a premises rental or lease agreement for a period of more than 7 days. Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" to contents of premises rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to this coverage as described in Insurance. '55 M,„ mEpo •y; 6REVIEWED&APPROVED BY.' 2013Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc.,with its permissi Risk Management Analyst b. The last paragraph of subsection 2. Exclusions is replaced by the following: Exclusions c. through n. do not apply to damage by fire, lightning, explosion, smoke or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section III - Limits Of Insurance. 2. Paragraph 6. under Section III - Limits Of Insurance is replaced by the following: 6. Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of "property damage" to: a. Any one premise: e (1) While rented to you; or (2) While rented to you or temporarily occupied by you with permission of the owner for damage by fire, lightning, explosion, smoke or leakage from automatic protection sys- tems; or o b. Contents that you rent or lease as part of a premises rental or lease agreement. 3. As regards coverage provided by this provision D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) - Paragraph 9.a. of Definitions is replaced with the following: 9.a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning, explosion, smoke, or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with the permission of the owner, or for damage to contents of such premises that are included in your premises rental or lease agreement, is not an "insured contract". E. MEDICAL PAYMENTS EXTENSION If Coverage C Medical Payments is not otherwise excluded, the Medical Payments provided by this policy are amended as follows: Under Paragraph 1. Insuring Agreement of Section I - Coverage C - Medical Payments, Subparagraph (b) of Paragraph a. is replaced by the following: (b) The expenses are incurred and reported within three years of the date of the accident; and F. EXTENSION OF SUPPLEMENTARY PAYMENTS - COVERAGES AAND B 1. Under Supplementary Payments - Coverages A and B, Paragraph 1.1b. is replaced by the following: b. Up to $3,000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. 2. Paragraph 1.d. is replaced by the following: d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to $500 a day because of time off from work. G. ADDITIONAL INSUREDS -BY CONTRACT, AGREEMENT OR PERMIT 1. Paragraph 2, under Section 11 - Who Is An Insured is amended to include as an insured any person or organization whom you have agreed to add as an additional insured in a written contract, written agreement or permit. Such person or organization is an additional insured but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused in whole or in part by: a. Your acts or omissions, or the acts or omissions of those acting on your behalf, in the performance of your on going operations for the additional insured that are the subject of the written contract or written agreement provided that the "bodily injury" or "property damage" occurs, or the "per- sonal and advertising injury" is committed, subsequent to the signing of wrmffpn nnntrgnt nr written agreement; or „=s.�za WdrMnngcmmtDfvlsirnt % RwEwED 6 APPRovao Br. 2013Liberty Mutual Insurance , f *c�tiz n`• V:.l""t CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permissii Rlsk Management Analyst b. Premises or facilities rented by you or used by you; or c. The maintenance, operation or use by you of equipment rented or leased to you by such person or organization; or d. Operations performed by you or on your behalf for which the state or political subdivision has issued a permit subject to the following additional provisions: (1) This insurance does not apply to "bodily injury", "property damage', or "personal and ad- vertising injury" arising out of the operations performed for the state or political subdivision; (2) This insurance does not apply to "bodily injury" or "property damage" included within the "completed operations hazard". (3) Insurance applies to premises you own, rent, or control but only with respect to the following hazards: (a) The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners, or decorations and similar expo- sures; or (b) The construction, erection, or removal of elevators; or (c) The ownership, maintenance, or use of any elevators covered by this insurance. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insur- ance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. With respect to Paragraph 1.a. above, a person's or organization's status as an additional insured under this endorsement ends when: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. With respect to Paragraph 1.b. above, a person's or organization's status as an additional insured under this endorsement ends when their written contract or written agreement with you for such premises or facilities ends. With respects to Paragraph 1.c. above, this insurance does not apply to any "occurrence" which takes place after the equipment rental or lease agreement has expired or you have returned such equipment to the lessor. The insurance provided by this endorsement applies only if the written contract or written agreement is signed prior to the "bodily injury" or "property damage". We have no duty to defend an additional insured under this endorsement until we receive written notice of a "suit" by the additional insured as required in Paragraph b. of Condition 2. Duties In the Event Of Occurrence, Offense, Claim Or Suit under Section IV - Commercial General Liability Condi- tions. Risk Mmagmmd DMdnn z' RE\nex�o&APPROVm Br. 2013 Liberty Mutual Insurance o ? Fn c��,e z V..i'.l.,u�.t CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc.,with its permissi Rak Managemen[Andlys[ 2. • With respect to the insurance provided by this endorsement, the following are added to Paragraph 2. Exclusions under Section I - Coverage A - Bodily Injury And Property Damage Liability: This insurance does not apply to: a. "Bodily injury" or "property damage" arising from the sole negligence of the additional insured. b. "Bodily injury" or "property damage" that occurs prior to you commencing operations at the location where such "bodily injury" or "property damage" occurs. c. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the render-ing of, or the failure to render, any professional architectural, engineering or surveying services, including: o (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occur- rence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of, or the failure to render, any professional architectural, engineering or surveying services. d. "Bodily injury" or "property damage" occurring after: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. e. Any person or organization specifically designated as an additional insured for ongoing operations by a separate ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS endorsement is- sued by us and made a part of this policy. 3. With respect to the insurance afforded to these additional insureds, the following is added to Section III - Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: a. Required by the contract or agreement; or b. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declaratio ns. H. PRIMARY AND NON-CONTRIBUTORY ADDITIONAL INSURED EXTENSION This provision applies to any person or organization who qualifies as an additional insured under any form or endorsement under this policy. Condition 4. Other Insurance of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS is amend- ed as follows: a. The following is added to Paragraph a. Primary Insurance: If an additional insured's policy has an Other Insurance provision making its policy excess, and you have agreed in a written contract or written agreement to provide the additional insured coverage on a primary and noncontributory basis, this policy shall be primary and we will not seek contribution from the additional insured's policy for damages we cover. ,,es. � wdtrta,eol�lmt ���°�r;:,� r�nEwm s arrrsov®sy: 2013 Liberty Mutual Insurance Q CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc.,with its permissi ' RtskManagensentAnalyst 111 b. The following is added to Paragraph b. Excess Insurance: When a written contract or written agreement, other than a premises lease, facilities rental contract or agreement, an equipment rental or lease contract or agreement, or permit issued by a state or political subdivision between you and an additional insured does not require this insurance to be primary or primary and non-contributory, this insurance is excess over any other insurance for which the addi- tional insured is designated as a Named Insured. Regardless of the written agreement between you and an additional insured, this insurance is excess over any other insurance whether primary, excess, contingent or on any other basis for which the additional insured has been added as an additional insured on other policies. I. ADDITIONAL INSUREDS -EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE" This provision applies to any person or organization who qualifies as an additional insured under any form or endorsement under this policy. 1. The following is added to Condition 2. Duties In The Event Of Occurrence, Offense, Claim or Suit: An additional insured under this endorsement will as soon as practicable: a. Give written notice of an "occurrence" or an offense that may result in a claim or "suit" under this insurance to us; b. Tender the defense and indemnity of any claim or "suit" to all insurers whom also have insurance available to the additional insured; and c. Agree to make available any other insurance which the additional insured has for a loss we cover under this Coverage Part. d. We have no duty to defend or indemnify an additional insured under this endorsement until we receive written notice of a "suit" by the additional insured. 2. The limits of insurance applicable to the additional insured are those specified in a written contract or written agreement or the limits of insurance as stated in the Declarations of this policy and defined in Section III - Limits of Insurance of this policy, whichever are less. These limits are inclusive of and not in addition to the limits of insurance available under this policy. J. WHO IS AN INSURED -INCIDENTAL MEDICAL ERRORS / MALPRACTICE WHO IS AN INSURED - FELLOW EMPLOYEE EXTENSION - MANAGEMENT EMPLOYEES Paragraph 2.a.(1) of Section 11 -Who Is An Insured is replaced with the following: (1) "Bodily injury" or "personal and advertising injury": (a) To you, to your partners or members (if you are a partnership or joint venture), to your members (if you are a limited liability company), to a co -"employee" while in the course of his or her employ- ment or performing duties related to the conduct of your business, or to your other "volunteer workers" while performing duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of that co -"employee" or "volunteer worker" as a consequence of Paragraph (1) (a) above; (c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs (1) (a) or (b) above; or (d) Arising out of his or her providing or failing to provide professional health care services. However, if you are not in the business of providing professional health care services or providing profes- sional health care personnel to others, or if coverage for providing professional health care ser- vices is not otherwise excluded by separate endorsement, this provision (Paragraph (d))does not apply. Paragraphs (a) and (b) above do not apply to "bodily injury" or "personal and advertising injury" caused by an "employee" who is acting in a supervisory capacity for you. Supervisory capacity as used herein means the "employee's" job responsibilities assigned by you, includes the direct superv' - ees" of yours. However, none of these "employees" are insureds for "bodily i RAM.WnIDMsim i% REVIEWED&APPROVEJSY. 20131-iberty Mutual Insurance e'er; F A ' Z, V r� CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc.,with its permissi Risk Management Analyst advertising injury" arising out of their willful conduct, which is defined as the purposeful or willful intent to cause 'bodily injury" or "personal and advertising injury", or caused in whole or in part by their intoxica- tion by liquor or controlled substances. The coverage provided by provision J. is excess over any other valid and collectable insurance available to your "employee". K. NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES Paragraph 3. of Section II - Who Is An Insured is replaced by the following: 3. Any organization you newly acquire or form and over which you maintain ownership or majority interest, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded only until the expiration of the policy period in which the entity was acquired or formed by you; b. Coverage A does not apply to "bodily injury" or "property acquired or formed the organization; and c. Coverage B does not apply to "personal and advertising committed before you acquired or formed the organization. d. Records and descriptions of operations must be maintained damage" that occurred before you injury" arising out of an offense by the first Named Insured. No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations or qualifies as an insured under this provision. L. FAILURE TO DISCLOSE HAZARDS AND PRIOR Under Section IV - Commercial General Liability Conditions, the following is added to Condition 6. Repre- sentations: Your failure to disclose all hazards or prior "occurrences" existing as of the inception date of the policy shall not prejudice the coverage afforded by this policy provided such failure to disclose all hazards or prior 'occurrences" is not intentional. M. KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT Under Section IV - Commercial General Liability Conditions, the following is added to Condition 2. Duties In The Event of Occurrence, Offense, Claim Or Suit: Knowledge of an 'occurrence", offense, claim or "suit' by an agent, servant or "employee" of any insured shall not in itself constitute knowledge of the insured unless an insured listed under Paragraph 1. of Section II - Who Is An Insured or a person who has been designated by them to receive reports of "occurrences", offenses, claims or "suits" shall have received such notice from the agent, servant or "employee". , N. LIBERALIZATION CLAUSE If we revise this Commercial General Liability Extension Endorsement to provide more coverage without additional premium charge, your policy will automatically provide the coverage as of the day the revision is effective in your state. O. BODILY INJURY REDEFINED Under Section V - Definitions, Definition 3. is replaced by the following: 3. 'Bodily Injury" means physical injury, sickness or disease sustained by a person. This includes mental anguish, mental injury, shock, fright or death that results from such physical injury, sick- ness or disease. Risk MmugmientWslan RnAe&m &APPRov®By: 2013Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc.,with its permissii Risk Management Analyst P. EXTENDED PROPERTY DAMAGE Exclusion a. of COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY is replaced by the following: a. Expected Or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. Q. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US - WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU Under Section IV - Commercial General Liability Conditions, the following is added to Condition 8. Trans- fer Of Rights Of Recovery Against Others To Us: We waive any right of recovery we may have against a person or organization because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products -completed operations hazard" provided: 1. You and that person or organization have agreed in writing in a contract or agreement that you waive such rights against that person or organization; and 2. The injury or damage occurs subsequent to the execution of the written contract or written agree- ment. CG 88 10 04 13 �e�•,.:. Rlak Mm gannttDIAsion � REvEwED 6 APPROVED BY: 2013 Liberty Mutual Insurance �'. Fus�K �VLCP�nucL Includes copyrighted material of I nsurance Services Off ice. Inc., with its permissi Rkk Management Analyst COMMERCIAL GENERAL LIABILITY CG89011208 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. HIRED AUTO AND NON -OWNED AUTO LIABILITY This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Coverage ® A. Hired Auto Liability ® B. Non -Ownership Liability A. Insurance is provided only for those coverages when an "X" is shown in the Declarations or in the Schedule. 1. Hired Auto Liability The insurance provided under Section I - Coverage A - Bodily Injury And Property Damage Liabil- ity, applies to "bodily injury" or "property damage" arising out of the maintenance or use of a "hired auto" by you or your "employees" in the course of your business. 2. Non -Owned Auto Liability The insurance provided under Section I - Coverage A - Bodily Injury And Property Damage Liabil- ity, applies to "bodily injury" or "property damage" arising out of the use of any "non -owned auto" in your business by any person. B. For insurance provided by this endorsement only: 1. The exclusions, under Paragraph 2. Exclusion of Section 1 - Coverage A - Bodily Injury and Prop- erty Damage Liability, other than exclusions a., b., d., f., and I. and the Nuclear Energy Liability Exclusion, are deleted and replaced by the following: a. "Bodily injury" to: (1) An "employee" of the insured arising out of and in the course of: (a) Employment by the insured; or (b) Performing duties related to the conduct of the insured's business; or (2) The spouse, child, parent, brother or sister of that "employee" as a consequence of Para- graph (1) above. This exclusion applies: (1) Whether the insured may be liable as an employer or in any other capacity; and (2) To any obligation to share damages with or repay someone else who must pay the dam- ages because of the injury. This exclusion does not apply to: (1) Liability assumed by the insured under an "insured contract"; or (2) "Bodily Injury" arising out of and in the course of domestic employment by the insured unless benefits for such injury are in whole or in part either payable or required to be provided under any workers compensation law. b. "Property damage" to: RIe6MmagemmtDfWs1on Rtviexim & APPRw® Sr. Includes copyrighted material of Insurance Services Office, Inc., 9! ' Ful w P1. vw_" P CG 89 01 12 08 with its permission. '4' Rfsk Management Analyst (1) Property owned or being transported by, or rented or loaned to the insured; or (2) Property in the care, custody or control of the insured. 2. Section Il, Who Is An Insured, is replaced by the following: 1. Each of the following is an insured under this endorsement to the extent set forth below: a. You; b. Any other person using a "hired auto" with your permission; c. For a "non -owned auto": (1) any partner or "executive officer" of yours; or (2) any "employee" of yours but only while such "non -owned auto" is being used in your business; and o d. Any other person or organization, but only for their liability because of acts or omissions of an insured under a., b. or c. above. 2. None of the following is an insured: a. Any person engaged in the business of his or her employer for "bodily injury" to any co -"employee" of such person injured in the course of employment, or to the spouse, child, parent, brother or sister of that co -"employee" as a consequence of such "bodily injury", or for any obligation to share damages with or repay someone else who must pay damages because of the injury. b. Any partner or "executive officer" for any "auto" owned by such partner or officer or a member of his or her household; c. Any person while employed in or otherwise engaged in duties in connection with an "auto business", other than an "auto business" you operate; d. The owner or lessee (of whom you are a sublessee) of a "hired auto" or the owner of a "non -owned auto" or any agent or "employee" of any such owner or lessee; e. Any person or organization for the conduct of any current or past partnership or joint venture that is not shown as a Named Insured in the Declarations. C. Section III - Limits of Insurance, Paragraph 2., The General Aggregate Limit, does not apply. D. The following additional definitions apply: 1. "Business" means the business or occupation of selling, repairing, servicing, storing or parking "autos". 2. "Hired Auto" means any "auto" you lease, hire, rent or borrow. This does not include any "auto" you lease, hire, rent or borrow from any of your "employees", your partners or you "executive Officers" or members of their households. 3. "Non -Owned Auto" means any "auto" you do not own, lease, hire, rent or borrow which is used in connection with your business. This includes "autos" owned by your "employees", your partners or "executive officers", or members of their households, but only while used in your business or your personal affairs. Risk MenWnedDlvislan � REVIEWED 6 APPRov®By: Includes copyrighted material of Insurance Services Office, Inc., `�zliAti Feu ,e, V;,(/A444 CG 89 01 12 08 with Its permission.®' Risk Management Analyst COMMON POLICY CONDITIONS ENDORSEMENT This endorsement changes the Policy. Please read it carefully. In consideration of the premium charged, and notwithstanding anything contained in this policy to the contrary, it is hereby agreed that all coverage parts included in this policy are subject to the following conditions: A. CANCELLATION The named insured may cancel this policy by mailing to the Company written notice stating when thereafter such cancellation shall become effective. The Company may cancel this policy by mailing to the named insured, at the mailing address specified the Declarations, written notice stating when not less than thirty (30) days thereafter such cancellation shall become effective, except in the event of the named insured's nonpayment of premium, not less than ten (10) days advance notice of cancellation shall be given. The mailing of notice as aforesaid, shall be sufficient proof of either party's intent to cancel. The effective date of cancellation specified in such notice shall terminate this policy period. Delivery of such notice shall be equivalent to mailing. If the named insured cancels, the earned premium shall be computed in accordance with the customary short rate table. If the Company cancels, the earned premium shall be computed pro rata. The Company will tender any return premium subject to retaining a minimum earned premium equal to 25% of the amount specified in the Declarations. Premium adjustment may be made either at the time cancellation is effective or as soon as practicable thereafter, but tender of the unearned premium or return of this policy, shall not be conditions precedent to cancellation hereunder. B. CHANGES No provision of this policy may be amended, waived or otherwise changed, except by endorsement hereto. C. EXAMINATION OF YOUR BOOKS AND RECORDS We may examine and audit your books and records as they relate to this policy at any time during the policy period and up to three (3) years afterward. D. INSPECTIONS AND SURVEYS We have the right, but are not obliged to: 1. Make inspections and surveys at any time; and PGI EL 036 0210 Risk Management Division j. REVIEWED & APPROVED�q �/BY. �=�'" Ruk Management Analyst 2. Give you reports on the conditions we find; and 3. Recommend changes. Any inspections, surveys, reports or recommendations relate only to insurability and the premiums to be charged. We do not make safety inspections. We do not undertake to perform the duty of any person or organization to provide for the health or safety of workers or the public. We do not warrant that conditions: 1. Are safe or healthful; or 2. Comply with laws, regulations, codes or standards. This condition applies not only to us, but also to any rating, advisory, rate service, engineering firm or similar organization which makes insurance inspections, surveys, reports or recommendations. E. NAMED INSURED AS AGENT The named insured specified in the Declarations shall be deemed agent of each insured with respect to all matters involving this policy, however, the Company shall have the right to seek indemnification from any insured or any other person who may be legally liable for the debts of the named insured. F. PREMIUMS The first Named Insured shown in the Declarations: 1. Is responsible for the payment of all premiums; and 2. Will be the payee for any return premiums we pay; and 3. Is responsible for the payment of all deductibles and self -insured retention amounts under this policy. G. ADDITIONAL PREMIUMS If, during this policy period, an increase in the risk or hazards covered hereunder occurs, the Company shall have the right to charge the appropriate additional premium. H. TRANSFER OF YOUR RIGHTS AND DUTIES UNDER THIS POLICY Your rights and duties under this policy may not be transferred without our written consent except in the case of death of an individual Named Insured. If you die, your rights and duties will be transferred to your legal representative but only while acting within the scope of duties as your legal representative. Until your legal representative is appointed, anyone having proper temporary custody of your property will have your rights and duties but only with respect to that property. PGI EL 036 0210 RAMRnagmiadElMsbn REVIEWED &pAPPR.OV'ED BY.' ql� F9h/Yht.l �. ®' Risk Management Analyst BANKRUPTCY Bankruptcy or insolvency of the insured or of the insured's estate will not relieve us of our obligations under this Coverage Part. PGI EL 036 0210 Risk MnnsgOWd Divlslvn I '( CREVIEwm&pAPPPIRIO'VVE) BY: e 7 f.2 R. Yv[t�WEi ® Rhk Managenxnt Analyst POLICY NUMBER: EMP19001661-01 ADDITIONAL INSURED ENDORSEMENT This endorsement changes the Policy. Please read it carefully. This endorsement modifies insurance provided under the following: CONTRACTORS POLLUTION LIABILITY COVERAGE Name of Person or Organization: Any person(s) or organization(s) whom the Named Insured agrees, in a written contract, to name as an additional insured. However, this status exists only for the project specified in that contract. The person or organization shown in this Schedule is included as an insured, but only with respect to that person(s or organization(s liability arising out of COVERED OPERATIONS performed for that insured. PGI EL 018 0210 RiekMmtagem&1Div bn RenerrED & APPROVED By. ®' Risk Management Analyst Policy Number: PGIARK05448-02 PRIMARY AND NON-CONTRIBUTORY ENDORSEMENT This endorsement changes the Policy. Please read it carefully. SCHEDULE Name of Person or Organization: Any person(s) or organization(s) whom the Named Insured agrees, in a written contract, to provide Primary and/or Non-contributory status of this insurance. However, this status exists only for the project specified in that contract. In consideration of the premium charged, it is hereby agreed that this policy shall be considered primary to any similar insurance held by third parties in respect to work performed by you under any written contractual agreement with such third party. It is further agreed that any other insurance which the person(s) or organization(s) named in the schedule may have is excess and non-contributory to this insurance. PGI EL 020 0210 R®k Managanrnt D[visiun RFnMED 6 APPROV®BY: Risk Management Aialys[ POLICY: EMP19001661-01 WAIVER OF SUBROGATION ENDORSEMENT This endorsement changes the Policy. Please read it carefully. This endorsement modifies insurance provided under the following: PROFESSIONAL LIABILITY COVERAGE CONTRACTORS POLLUTION LIABILITY COVERAGE SCHEDULE Name of Person or Organization: Any person(s) or organization(s) to whom the Named Insured agrees, in a written contract, to provide a waiver of subrogation. However, this status exists only for the project specified in that contract. The Company waives any right of recovery it may have against the person or organization shown in the above Schedule because of payments the company makes for injury or damage arising out of the insured's work done under a contract with that person or organization. The waiver applies only to the person or organization in the above Schedule. Under no circumstances shall this endorsement act to extend the policy period, change the scope of coverage or increase the Aggregate Limits of Insurance shown in the Declarations. PGI EL 019 0210 p,� � � REMMID & APPROVm By. �' Risk Management Analyst TRANSPORTATION OF CARGO — POLLUTION ENDORSEMENT This endorsement, effective attaches to and forms a part of the Policy. This endorsement changes the Policy. Please read it carefully. This endorsement modifies insurance provided under the following: CONTRACTORS POLLUTION LIABILITY COVERAGE In consideration of an additional premium in the amount of $INCLUDED it is hereby agreed that Exclusion H. is deleted and replaced with the following: A CLAIM related to POLLUTION CONDITIONS which result from the use, ownership, operation, maintenance or entrustment to others of any AUTO, aircraft, watercraft or rolling stock or operated by, or leased, rented or loaned to any Insured. The exclusion shall not apply to POLLUTION CONDITIONS which: i) resulting from the release from a COVERED AUTO and emanating from the TRANSPORTED CARGO. ii) occur during loading or unloading operations or; iii) commence during the transportation of YOUR PRODUCT or wastes by a CARRIER; and iv) result in BODILY INJURY, PROPERTY DAMAGE, or CLEANUP COSTS during the transportation of YOUR PRODUCT or wastes; and v) commence on or after the inception of this policy. No coverage is provided for the WRONGFUL DELIVERY of any liquid product by AUTO, aircraft, watercraft or rolling stock. The following definitions are added to this policy: II. DEFINITIONS A. COVERED AUTO means the following provided they are indicated with an "X" Specifically described AUTO listed below in the Schedule of AUTO. X Owned AUTO only. Only those AUTOS the INSURED owns (and any trailers the INSURED does not own while connected to a power unit the INSURED owns). This includes those AUTOS the INSURED acquires ownership of after the policy begins. PGI EL 0101017 Rink Management DMsbn [REVIEWED &pAPPR�O�VED BY.' c=ulWl.�t-/ r if.µ-11 14 V�ct/ud �' Risk Management Analyst X Hired AUTO only. Only those AUTOS the INSURED leases, hires, rents or borrows. This does not include any private passenger type AUTO the INSURED leases, hires, rents or borrows from the INSURED, any of its employees, partners or agents. X Non -owned AUTO only. Only those AUTOS the INSURED does not own lease, hire, rent or borrow that are used in connection with the INSURED(S) business. This includes AUTOS owned by employees or partners or members of their households but only while used in the INSURED(S) business. B. CARGO means goods, products or wastes carried for delivery on or within a COVERED AUTOM that is properly licensed to transport such goods, products or wastes. C. CARRIER means a person or entity, other than the INSURED or any subsidiary or affiliated company of the INSURED, engaged in the business of transporting property for hire by AUTO, rolling stock, aircraft or watercraft. D. TRANSPORTED CARGO means CARGO after it is moved from the place where it is accepted for movement into or on to the COVERED AUTO, until the CARGO is moved from the COVERED AUTO to the place where it is finally delivered. TRANSPORTED CARGO also includes CARGO during the loading and unloading to or from a COVERED AUTO, provided that the loading or unloading is performed by the INSURED. TRANSPORTED CARGO does not include CARGO at rest for a period of longer than seventy-two (72) hours, after it has been accepted for movement into or onto a COVERED AUTO but before it reaches the place of final delivery. E. WRONGFUL DELIVERY means the delivery of any CARGO into the wrong receptacle or to the wrong address, or the delivery of one type of CARGO in error for another. SCHEDULE OF AUTOS PGI EL 0101017 .4rn en `Po r181liVwwgElllwf Division Rener�D & APPRDVm Br. '®' Risk Management Malys[ POLICYMOLOER COPY SP PO BOX 8192. PLEASAN'TON, CA 94588 CERTIFICATE OF WORKERS COMPENSATION INSURANCE ISSUE DATE: 10-01-2020 CITY OF SANTA ANA SP 20 CIVIC CENTER PLI SANTA ANA CA 92701-e058 GROUP: POLICY NUMBER 1307696-2020 CERTIFICATE IR 117 CERTIFICATE EXPIRES 10-01-2021 10-01-2020/10-01-2021 this K to cerbly tlLt we have tsrdetl a valid Workers' Lorrpensahon rsurance polley m a form approved by the Cahi Ornta tnsutatce COmInIns OnOr to me employer named below for the policy period Indicated Thrs policy is not sbject to cancallst-w by If, Fund except wan 30 drys advance w ttlsn nonce to Uto employer. We will also 91Ve you 30 days advance notice should this policy be canceled 0-xn to its normal expiration This certificate of nnawarca is not an insurance Pali" and does not emend, extend or alts, the eOverage afforded by the policy listed herein Notwithi'.andrg any rewrement, term or condition of any convect or other doevnsnt with respect to VvrvM ma certd4ste 01 r mice may be hued Or to wneh it may pertain, the rsuranea afforded by the policy deacnbed hereee It sblect to all the tams, evelusions. ant conditions, of such policy Autaortaed Representative Preinclom and CEO EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS. 21,000.000 PER OCCURRENCE. EMORSE14ENT 12065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 10 01-2003 1S ATTACHED TO AM FORKS A PART OF THIS POLICY. ENDORSEMENT 11551 - WILLIAM O'TOOLE. PRESIOMT - EXCLUDED. ENDORSEMENT 01651 - TREVOR BLYTHE. 5 - EXCLUDED. EMPLOYER ECAL/NOMICS, INC ECO/NOMICS, INC. SP PO BOX 2100 DEL MAM CA 0901e mt,7 tutu IgetO PRINTED : 00-17-2020 tact Mai agemott umawn REVIEwm&APPROV®SY: V Risk Management Analyst EXHIBIT A PROPOSAL Consulting Services to Provide the City of Santa Ana Compliance Assistance with State -mandated Diversion Programs and Franchise Transition Assistance nta Ana �J cles You make the difference! Submitted by EcoNomics, Inc. ego Expect Innovation City of Santa Ana May 4, 2021 11 TABLE OF CONTENTS Task 1. CalRecycle Assistance........................................................................................................... 5 Task 1.1 Assist in Developing City -Wide Ordinance to Comply with SB 1383...................................................5 Task 1.2 Revise and Update the Solid Waste and Recycling Sections of the Santa Ana Municipal Code as Needed................................................................................................................................................................ 6 Task 1.3 Assistance with City County Payment Program Reporting..................................................................6 Task 1.4 CalRecycle Reporting and CalRecycle Compliance Troubleshooting...................................................6 Task1.5 SB 1383 Public Education.....................................................................................................................8 Task 1.6 SB 1383 Edible Food Donation Program..............................................................................................9 Task 1.7 SB 1383 Procurement Program............................................................................................................9 Task2. CALGreen Compliance Assistance........................................................................................10 Task 3. New Solid Waste Franchise Agreement Transition..............................................................10 3.1 Program Implementation Tracking............................................................................................................11 Task3.2: Report Analysis..................................................................................................................................12 Task 3.3 Transition Meetings and Coordination..............................................................................................13 Task 4. General Support and Other Tasks as Assigned.....................................................................14 LeadStaff Assignments ...................................................................................................................1s TrevorBlythe MBA............................................................................................................................................15 LisaRobles MS...................................................................................................................................................16 Supporting Staff.............................................................................................................................17 WilliamO'Toole.................................................................................................................................................17 TinaNguyen MA................................................................................................................................................18 ChristyHurlburt MBA........................................................................................................................................18 IanBevan MBA..................................................................................................................................................19 WinleyDurham..................................................................................................................................................19 KathyChavarria.................................................................................................................................................20 ValeriaFerrufino................................................................................................................................................20 CereneSt. John JD.............................................................................................................................................20 Schedule of Hourly Fees.................................................................................................................22 Budget............................................................................................................................................23 COVER LETTER May 4, 2021 Christy Kindig Project Manager City of Santa Ana 20 Civic Center Plaza, M-21 Santa Ana, CA 92701 RE: EcoNomics' Solid Waste and Recycling Consulting Services Dear Ms. Kindig; EcoNomics, Inc. is pleased to submit the attached services to provide the City of Santa Ana with solid waste and recycling consultation to successfully meet the diversion requirements and implementation goals of CalRecycle. We understand that the City desires a qualified consultant to provide assistance with the implementation of state -mandated diversion programs and with on -going compliance assistance. The accompanying document includes an overview of our approach to this project; a detailed scope of work based on our understanding of the project; descriptions of our relevant experience; resumes from the EcoNomics team; a project schedule; as well as a proposed 1-year budget. EcoNomics brings the following unique set of skills and local knowledge to this project: • Over 15 years of on -the -ground field experience in Orange County implementing and overseeing both conventional recycling and food scrap recycling programs as well as managing the CalRecycle compliance efforts. We currently are assisting Tustin, Anaheim, Laguna Niguel, Laguna Hills, Santa Ana, Stanton, Lake Forest, Newport Beach, Mission Viejo, and San Juan Capistrano with implementing programs mandated by CalRecycle, including AB 939, AB 341, AB 1826, and SB 1383. • Experience administering the enforcement of a mandatory participation ordinance. Our firm assisted the City of Newport Beach in drafting a mandatory participation ordinance that aligns with AB 341 and AB 1826. The ordinance was passed unanimously by City Council and became effective Jan 1, 2020. In the past year, we have worked to develop a standard operating procedure for the fair and equitable enforcement of the ordinance by code enforcement staff. This experience in administering the enforcement of an AB 341/AB 1826 mandatory enforcement ordinance will prove useful in Santa Ana as we anticipate a small percentage of businesses may be referred to the City for enforcement action due to AB 341, AB 1826 and/or SB 1383 non -attainment. • Familiarity with the diversion environment in Orange County and CalRecycle compliance oversight processes. EcoNomics is currently working for 10 cities in Orange County on a wide range of compliance management, implementation, and contract management projects. We are very familiar with the countywide solid waste and recycling issues, the compliance assessment and enforcement protocols used by CalRecycle by Local Assistance and Market Development (LAMD) representatives, as well as all the haulers operating within the area. 3 • Recent and relevant experience in designing strategic outreach campaigns to increase AB 1826 compliance for Anaheim and other Orange County cities. In Anaheim a complete outreach campaign was designed and completed with branding, toolkits, and coordinated messaging and promotion. We have developed promotional films for Mission Viejo and Santa Ana that encourage businesses to implement AB 341 and AB 1826 programs and also provide bilingual staff training. We have included in this proposal examples of the materials that were developed for these campaigns. • We worked with three Orange County cities to Implement a curbside organics recycling program and are actively planning residential organics programs for five other client cities that will be activated within the next 12 months. We have learned what it takes to make these programs successful and can use this knowledge to enhance Santa Ana's residential participation rates. • Extensive experience implementing cost -saving commercial and multi -family diversion programs within Orange County and throughout the state of California. With SB 1383's impact on all sectors of the City, the experience of implementing hundreds of commercial and multi -family waste reduction and diversion programs for our clients will allow EcoNomics to provide a depth of oversight that can possibly save rate payers money on disposal bills. • Local Orange County offices In Santa Ana. EcoNomics has maintained an office location in Santa Ana for over three years. • No conflict of interest. EcoNomics works exclusively for cities, counties, and other public agencies. We do not work for refuse haulers. Please feel free to contact me directly at (858) 886-6657 or via email trevor@economicsinc.net. Thank you for your consideration. Sincerely, da- Trevor Blythe Senior Vice President EcoNomics, Inc. m 6ECTION 1. SCOPEOF •' T=cL- 1 ('nlRor•vrin f EcoNomics has extensive experience in Orange County jurisdictions (Anaheim, Laguna Hills, Lake Forest, Laguna Niguel, Newport Beach, Mission Viejo, Stanton), assisting client cities with implementing SB 1383 CalRecycle initiatives including ordinance development, SB 1383 programming, Electronic Annual Reports (EARS), Form 303 HHW reports, and City -County Payment Program grant reporting. The following subtasks described below outline our approach to reaching compliance with CalRecycle and the SB 1383 Organics: Short Lived Climate Pollutants regulation. Task 1.1 Assist in Developing City -Wide Ordinance to Comply with SB 1383 Task 1.2 Revise and Update the Solid Waste and Recycling Sections of the Santa Ana Municipal Code as Needed Task 1.3 Assistance with City County Payment Program Reporting Task 1.4 CalRecycle Reporting and Compliance Trouble Shooting Task 1.5 SB 1383 Public Education Program Task 1.6 Edible Food Donation Program Task 1.7 Procurement Program Task 1.1 Assist in Developing City -Wide Ordinance to Comply with SB 1383 SB 1383 requires that the City have a mandatory organics recycling ordinance in place by January 1, 2022 and be prepared to levy fines on non -compliant generators by 2024. SB 1383 also contains contamination standards that must be met by generators. Other portions of SB 1383 authorize the City to adopt a mandatory recycling ordinance for recyclable materials, which may apply to all generators or only to specified generators. In this task, EcoNomics will prepare a draft ordinance for review by staff and the City Attorney and then, after incorporating comments, will prepare a final draft for presentation to the City Council. The mandatory ordinance will be written to fit into the format of the City's municipal code. Any additional new definitions required for the mandatory ordinance will be prepared for addition to the Code in the appropriate section(s). The EcoNomics team will work with City staff to discuss and recommend how the ordinance can operate. The following issues and options will be addressed as part of that process: a. Identify All Generators to be Covered by the Ordinance. b. Identify All Materials Required to be Diverted. c. Identify and Select Additional Key Provisions of the Ordinance. d. Compliance and Collections Approach. e. Collections, Processing and Disposal. f. Develop Enforcement Mechanism of Ordinance. g. Waivers and Exemptions. h. Delegation of Responsibilities. i. Ordinance Public Education Campaign. j. Identify Any Other Ordinance Provisions. k. Prepare Final Ordinance. The EcoNomics team will work with the City to identify any additional code items that are needed to fully implement the City's recycling goals. Task 1.2 Revise and Update the Solid Waste and Recycling Sections of the Santa Ana Municipal Code as Needed EcoNomics will draft revisions to the City's Existing Municipal Code Chapter 16. Garbage, Trash and Weeds to reflect the new SB 1383 programs (particularly diversion of organics), add required new definitions, etc. Our team will assess the definitions in the franchise agreement in light of the Chapter 16 definitions and those in state law (particularly the implementing regulations forSB 1383 and definitions added by SB 1383) and recommend to the City changes as needed. The City's definitions can and should be customized to its circumstances. Areas that will be assessed and result in recommended changes include: a. Revise Definitions. b. Examine and Consult with City Staff Departments Concerning Sections on Code Enforcement, Collection, Permits, Award of Franchise/Collection Contract, and Other Issues. c. Revisions for Consistency with State Diversion Requirements. d. Cal Green section of the code and to Enclosure Standards. e. Other Conforming Changes, Task 1.3 Assistance with City County Payment Program Reporting EcoNomics will assist the City in completing the City County Payment Program report on an annual basis and will assist in tracking eligible expenditures during the term of the grant cycle. Additionally, EcoNomics will assist with completing the grant reporting process on an annual basis. EcoNomics has developed a system with CalRecycle that has made consulting costs related to AB 341 outreach eligible for reimbursement through the City County Payment Program. This system, which has been implemented in Santa Ana, requires extensive documentation of the consulting effort to verify eligibility. EcoNomics will track all AB 341 outreach -related consulting costs for submittal to CalRecycle for 50% reimbursement. Task 1.4 CalRecycle Reporting and CalRecycle Compliance Troubleshooting EcoNomics currently assists its client cities with legislative tracking, CalRecycle interface, and compliance reporting. EcoNomics has connections with key policy makers, advocacy groups, and regulatory agencies in Sacramento and is aware of pending solid waste legislation as it develops. EcoNomics has direct contact with senior level staff at CalRecycle and, as such, has the ability to provide its clients with high-level insight into the legislative and regulatory development processes. EcoNomics will continue to provide the City with new SB 1383 reports, as new FAQ's, tools, and guides role out from the State. 11 Reporting On an annual basis, CalRecycle requires the submittal of an Annual Report (EAR) and also arranges jurisdiction site visits for verification and inspection purposes. The tasks below describe the services that EcoNomics will provide to assist staff in meeting its mandated reporting duties. In addition, if CalRecycle highlights any issues or concerns, EcoNomics will work with the agency to remedy any perceived or actual deficiencies. EcoNomics has directly assisted the City of Santa Ana with its electronic annual report submittal since 2018. As a result of having assisted with the City's annual reporting processes, EcoNomics, will be able to complete reports efficiently and precisely. EcoNomics currently assists the following eight cities with gathering data for and/or drafting the Electronic Annual Report (EAR) to CalRecycle: Anaheim, Laguna Niguel, Lake Forest, Laguna Hills, Mission Viejo, Rancho Mirage, Tustin, and Stanton. The annual reporting process is an important opportunity for the City to showcase its diversion programs and to demonstrate its compliance with state diversion mandates. As part of its preparation of the annual report, EcoNomics takes the following actions and gathers the following data points to provide CalRecycle a holistic picture of the City's diversion programs. As with previous years, EcoNomics' will focus its efforts on AB 341, AB 1826, and SB 1383 compliance reporting assistance vis-a-vis the annual report. • Analysis of AB 341 compliance rate • Analysis of AB 1826 compliance rate • Narrative summary of all outreach efforts conducted to increase AB 341 and AB 1826 participation rates • Contact hauler and review City records to obtain information on outreach used to inform residents and businesses of recycling programs • Coordination with local food banks to determine the weight of edible materials donated Over the last decade, EcoNomics has established a database and a preparation schedule for assembling the necessary information for submittal of CalRecycle's required Electronic Annual Report (EAR). This refined data collection process and the incorporated efficiencies will be applied to the City of Santa Ana's 2020 annual report. As part of the procedure, a diverse set of tonnage data is collected and verified. This comprehensive database leads to a thorough annual report that provides CalRecycle with a clear narrative that strongly demonstrates the City's compliance with diversion mandates. Due to COVID-19-related MRF closures, Waste Management sent hundreds of tons of recyclables to the landfill in 2020. CalRecycle will allow jurisdictions to 'deduct' COVD-19 'disaster' waste from its 2020 disposal tonnages using a disposal modification request process in 2021. EcoNomics will assist the City in filing this request in 2021. Conference Call and CalRecycle Annual Visit EcoNomics is familiar with the Orange County CalRecycle Local Assistance and Market Development (LAMD) representatives and how data gathered during the site visits and conference calls is used to assess a jurisdiction's compliance. In our experience, providing accurate data that documents AB 341, AB 1826 (and upcoming SIB 1383) implementation efforts, verifiable diversion tonnage reporting, and concurrent outreach activities are all critical to demonstrating compliance. EcoNomics will prepare and facilitate the CalRecycle Annual Visit agenda and MCR/MORe Planned Activities documents, update informal plans and, when applicable, facilitate tours of properties that showcase innovative and cost -saving diversion programs for CalRecycle's annual site visit. 7 Trouble Shooting Usually, other tasks are assigned when circumstances, or issues arise that need an immediate response. EcoNomics has assisted the City in prior events and understands that "quick response' items will come up and will need to be addressed promptly. Another category of "other tasks" is the unexpected policy or agency (CalRecycle) action that needs an experienced consultant to contact the agency and address the concern before it requires official involvement. We maintain good working relationships with CalRecycle and understand the positions they may be required to take in the performance of their duties. In the past, we have been able to devise a workable resolution at the mid -staff level. The below listing encompasses 'preemptive solutions' that EcoNomics may provide to ensure the City adequately addresses potential compliance or implementation 'gaps' identified by CalRecycle: • Assist City with compliance issues from CalRecycle; • Develop and assist in implementing formal or informal plans; • Provide compliance data to CalRecycle; • Compile recurring progress reports; etc. Please note, this task does not include interactions with CalRecycle if the City is referred to the Jurisdictional Compliance Unit (JCU). If City is referred to the JCU, additional consulting resources will be needed to end the referral. It is difficult to project the consulting cost associated with such a work effort if the City were to be referred to the JCU. However, if this scenario were to unfold, EcoNomics would collaboratively develop a compliance plan of action for approval by the City with the expected work effort and budget adjustment needed to respond to the requirements set forth by CalRecycle. Task 1.5 5B 1383 Public Education Compliance with SB 1383 state -mandated organics diversion programs will require the City to make significant changes to its current Solid Waste and Recycling Public Education Programs. A successful public education program will (a) train the community on best practices to efficiently separate food scraps from trash and recyclable materials, (b) prevent contamination of recycling and food scraps (c) educate the community about recycling and how food scraps are composted or ran through anaerobic digestion, and (d) educate the community about how wasting food can have negative impacts; both locally, in terms of food insecurity, and globally, in terms of climate impacts. EcoNomics will assist the City in reviewing, revising ,developing, and implementing the public education program requirements of SB 1383. The following items will be implemented and executed: a. Update City Website with SB 1383 Requirements b. Review and align the Haulers Proposed Public Education Campaign to ensure compliance with SB 1383 mandated outreach requirements and City requirements. c. Develop Ordinance Public education campaign d. 6-Month Social Media Campaign Timeline — (2-3 posts per month) e. Residential Reels Task 1.6 SB 1383 Edible Food Donation Program SB 1383 requires the City to develop an edible food recovery program. Toth is end, EcoNomics will conduct the following actions to assist the City with Sb 1383 compliance on an as needed basis: a. Identify Tier 1 and Tier 2 edible food recovery generators located within the City, as required by SB 1383 b. Identify edible food recovery resources (i.e. pantries and food rescue organizations) within the City c. Call on edible food recovery organizations to gather operating hours, materials desired, collection radius, etc. for publishing on City's state -mandated edible food recovery webpage d. Develop suggested content for City's edible food recovery webpage e. Develop state -mandated notification letter to Tier 1 and 2 generators prior to January 1, 2022 f. Develop self -reporting form for inclusion in notification letter g. Follow-up with letter recipients to verify SB 1383-compliant edible food recovery programs via site visits, as mandated by SB 1383 h. Develop model edible food recovery agreement for use by edible food generators that do not have written agreement with edible food recovery agency, as required by SB 1383 i. Coordinate with County and local edible food recovery organizations to expand edible food recovery infrastructure, as needed j. Coordinate with CalRecycle to confirm compliance and clarify requirements of SB 1383 edible food recovery programs, as needed k. Compile SB 1383 edible food compliance reports 1. Schedule recurring meetings with City to develop program and monitor compliance Task 1.7 SB 1383 Procurement Program SB 1383 requires the City to develop procurement systems to ensure that an annual tonnage target of recycled -organic products (ROCP) materials are purchased. The City has incorporated much of these requirements into its franchise agreement that will become effective July 1, 2022. However, to complement these efforts, EcoNomics will conduct the following actions to assist the City with SB 1383 compliance on an as needed basis: a. Review Hauler procurement requirements and monitor implementation b. Assist City with interpretation of SB 1383 ROCPs requirements c. Calculate purchasing target for ROCPs d. Conduct baseline inventory of current ROCPs purchased by the City and determine additional purchases needed to comply with annual procurement target e. Analysis of City's energy and gas use to determine ROCP credits from current energy usage f. Analysis of hauler RNG usage to determine eligibility to count towards City's ROCP target g. Coordination with CalRecycle to 'right -size' procurement target if City cannot reasonably obtain ROCP target based on past procurement policies h. Assess current paper procurement policy to determine if City is in compliance with 30% post - consumer content paper purchasing policy I. Develop administrative policy or municipal code language to codify procurement requirements by CalRecycle j. Develop procurement tracking and reporting system internally and with City's vendors Task 2. CALGreen Compliance Assistance CALGreen requires nearly all building projects to divert 65%or more of C&D waste away from landfills. The next triennial update, effective January 1, 2023, may increase this diversion rate requirement to 75% and will reduce the amount of project exemptions. The City may need to overhaul its current permitting and application processes to strengthen compliance incentives and non-compliance disincentives to comply with CALGreen. EcoNomics can provide technical assistance to enhance existing processes to ensure higher levels of compliance with CALGreen. EcoNomics will assist the City with the following CALGreen implementation and compliance tasks on an as needed basis: 1. Develop application that aligns with CALGreen requirements for completion by builders applying for permits for covered projects 2. Development of incentive system, such as refundable compliance deposit or contingent project finalization, to ensure compliance with 65% diversion requirement 3. Coordination with building department to train staff on administration of CALGreen compliance requirements during permitting process 4. Review of waste reduction plans to assess feasibility on an 'as needed' basis 5. Review of disputed waste reduction plans to asses attainment of CALGreen diversion requirements and to verify recycling rate was achieved via review of weight tickets or facility audits 6. Assist City with development of facility certification criteria and with the verification of criteria 7. Assist City with CalRecycle data requests re: CALGreen 8. Analysis and aggregation of project data to determine overall compliance rate. 9. Review and implementation of software programs to assistwith CALGreen compliance tracking 10. Other tasks, as needed Task 3. New Solid Waste Franchise Agreement Transition EcoNomics has an in-depth understanding of the various contractual mechanisms contained in Solid Waste Franchise agreements that can assist the City in directing the City's hauler to expand diversion programs, provide reports, verify data, etc. in ensuring contractual requirements. EcoNomics will evaluate progress and usher the City's new Franchise Hauler Agreement in implementing SB 1383 state -mandated diversion programs in the 4-6 months before the new contract becomes effective. A summary of anticipated franchise management tasks to be performed, as described in the following task descriptions, include: • Monthly transition meetings with the City's Hauler and City staff, monitoring the Haulers Implementation Plan for completion of key milestones • Confirmation of program implementation timing • Troubleshooting during the transition operational concerns • Timing and, if applicable, distribution of new Hauler Contract requirements such as equipment purchase, new wheeled carts and bins etc. • Confirmation of SB 1383 compliant color codes for bins and carts 10 • Monitoring purchase and introduction of new collection vehicles and monitoring public outreach efforts with regard to new services • Review of format of reports to be submitted by the Hauler as required by the new contract • Addressing any proposals by the Hauler that material impact costs or timing of program implementation • Assist City Attorney with review of any Agreement "interpretations" by the Hauler 3.1 Program Implementation Tracking Upon EcoNomics' engagement by the City, we will develop a contractual deliverable tracking tool that provides an 'at -a -glance' reference of time -sensitive contractual obligations. This tool will be used to develop monthly agenda items, provide a 'heads -up' to Hauler staff of pending deliverables, and to track contractor compliance with the franchise. Additionally, using the Haulers, monthly reports, EcoNomics tracks progress with attaining compliance with AB 1826, AB 341, and SIB 1383 based on the number of new waste diversion programs implemented. This tool will assess the implementation pacing of these compliance programs and measure them against the requirements of the franchise to ensure a timely roll- out the requisite programs. If selected, EcoNomics would develop this tool to include CalRecycle reporting and compliance deliverables, incorporate additional contractual deliverables, and other key program implementation tracking items such as SB 1383 compliance requirements. EcoNomics will make this document available to both the City and the hauler via a cloud -based, file -sharing system. The document will be updated within 20 days of receiving any deliverables. See Figures 1 and 2 below examples of franchise tracking documents developed in other cities. Figure 1.: Example of Contract Compliance Tracking Document Used in Orange County City 11 Figure 2: Example of Organics Program Implementation Tracking Tool to Assess Progress of Hauler Towards Contractually -required Participation Targets on a Monthly Basis -- Orgenla Implementrtian TndJng 3!�8F'xa;}aE°e45i5d°sss3&g'-as¢bA&�f;n l�s �Reshunn[s PaN[patiyl�niRaala WeNM �ReAumtGml At the City's request, EcoNomics may assist with the implementation of a Customer Resource Management (CRM) system to track AB 341, AB 1826, and SB 1383 compliance progress. EcoNomics is working with the City of Mission Viejo to implement the Recyclist software suite to track and report on compliance outcomes. If the City opts to implement this software system, or a similar system, EcoNomics can assist with the set up and implementation. Task 3.2: Report Analysis Each month, working with City Staff, EcoNomics will review Hauler's submitted reports and identify areas of inquiry that are then reviewed at the monthly meetings. This monthly format of meeting with the City's haulerto review reports has proven worthwhile in maintaining accurate reporting and program monitoring and oversight. For resolving commercial and multifamily account issues identified as a result of the report analysis, we will obtain Hauler's updated account listing which will then be used to access key account service information needed to implement diversion programs. With minimal effort, the commercial list can be sorted to identify the City's compliance status with AB 341, AB 1826 and the on -going compliance expansion of SB 1383. Hauler will submit the list to the City monthly, which can be sorted to provide the City with real-time compliance updates. EcoNomics will be using in-house tools for the analysis of Hauler's commercial list and monthly reports. The tools can be used to determine which properties implemented new diversion programs and, in some cases, will need to be field verified to confirm adherence to the recycling program implementation protocols set forth in the franchise. After being targeted for field verification, the properties are geocoded and mapped using ArcGIS to maximize audit routing efficiencies. An app-based field worksheet is used to gather key attributes of each program site visited and is then used to determine if the program qualified as fully implemented per franchise protocols and per state regulations. When onsite, the EcoNomics field team photographs the bin, notes fullness levels, contamination levels, and the general bin condition and enters these data into its app-based platform. All of these data points are entered directly into a cloud -based field - tracking document during the verification audit. Use of the cloud -based system reduces consulting costs by eliminating the time needed to transfer data from paper field sheets to an electronic format. Finally, if the site verification found any discrepancies, EcoNomics schedules a follow-up site visit with Hauler's Recycling Coordinator to resolve any incongruities. This tool becomes more powerful as the multiyear monitoring captures the historical field data and can identify any repeat problem areas. EcoNomics 12 anticipates these audits to new implemented account would be conducted on a quarterly basis and at the conclusions of contract years 1, 2, and 3 to assess the hauler's compliance with the requirements to attain 100% compliance with AB 341, AB 1826, and SB 1383. Task 3.3 Transition Meetings and Coordination EcoNomics established the format, the reporting documentation, and currently facilitates recurring hauler meetings with the City. There are several levels of project status tracking required forthis program. These meetings serve the following purposes: 1) Establish where the City is with respect to satisfying each of its overall AB 939 SRRE program requirements; 2) provide a monthly tracking of individual numbers of businesses with commercial programs (AB 341), organics diversion (AB 1826), and SB 1383 compliance, and tonnage diverted from each group; 3) provide a comparison of the number of individual businesses and restaurants with programs versus the schedule of implementation required to meet the various yearly targets contained in the franchise; and 4) provide a running month -to -month report that allows all the information to be understood and be seen in relationship to the City's overall compliance. EcoNomics runs efficient meetings with clear objectives that hold all parties involved accountable. Before a meeting, EcoNomics provides all attendees with an agenda to allow for adequate time to prepare for all agenda items. When appropriate, EcoNomics holds an internal meeting with city staff to discuss and strategize about sensitive agenda items before meeting with the hauler. After any meeting, Economics will provide all parties with meeting notes and action items. EcoNomics has a working relationship with several key members of Hauler staff that can allow for some issues being resolved via 'sidebar' meetings between consultant and hauler. Prior to initiating a hauler/consultant sidebar meeting, Economics would seek explicit approval by the City. 13 Task 4. General Support and Other Tasks as Assigned EcoNomics has a comprehensive understanding of the operational aspects of the waste management industry. This operational expertise was gained through over 40 years of site work to implement diversion programs, field contract compliance monitoring such as vehicle inspections and waste characterization studies, and "ride-alongs" with MSW, recycling, and food scrap collection program drivers. EcoNomics assists its current clients with general operational items such as brake inspection reviews, route audits, annual, quarterly, and monthly report reviews, waste characterization studies, fleet inspections, waste audits, container inventory audits, etc. Based on our combined experience in this field, we are confident that we can efficiently and effectively provide the City with the general on an as needed basis. We have, based on our existing agreement with the City of Santa Ana, demonstrated our ability to: • Provide additional support to Public Works staff as may be necessary • Recycling and Solid Waste Management and Operational Reviews • General advice on various waste management -related inquires and miscellaneous tasks • Prepare memos, staff reports, and general correspondence • Prepare and present material in presentation form to City staff and City officials 14 Section 2. Project Managers and Proposed Team As Project Director, Trevor Blythe is the City's main point of contact and lead. For SB 1383 Implementation Tasks, Lisa Robles, will be the Project Manager and lead. A brief overview of the project director and project manager's experience and background is included below. The project director, project manager and other key personnel assigned will be available to the extent proposed forthe duration of the required services. EcoNomics acknowledges that no project managers shall be removed or replaced without the prior written concurrence of the City of Santa Ana. Lead Staff Assignments Trevor Blythe MBA Title: Senior Vice President and Project Manager Time with EcoNomics, Inc.: 15 years Education: BS in Environmental Science, University California, Santa Barbara, 2006 MBA in Sustainable Management from Presidio Graduate School, 2014 Specialization: Project Management, CalRecycle Compliance Management and Troubleshooting Trevor Blythe has over 15 years of experience as a consultant in the sustainable materials management industry. Mr. Blythe works daily with local governments, private industry, and cities' waste haulers to overcome operational and financial barriers to implementing sustainable materials management programs at the municipal scale. He is an expert on solid waste regulations, operations, and collection system optimization. Mr. Blythe holds a Master of Business Administration in Sustainable Management from Presidio Graduate School in San Francisco. During his coursework at Presidio, Trevor explored market - based solutions for returning key nutrients from organic waste back to the soil. He holds a Bachelor of Science in Environmental Sciences from the University of California, Santa Barbara with an emphasis on Geographic Information Systems. Mr. Blythe is based in the EcoNomics Orange County office and is currently assisting the cities of Anaheim, Newport Beach, Santa Ana, San Juan Capistrano, Mission Viejo, Lake Forest, Laguna Hills, Tustin, and Stanton with contract management, SB 1383 compliance planning, program cost, rate impact analyses and other tasks. Mr. Blythe also assists EcoNomics' client cities with contract management oversight, including developing fair and reasonable pricing to comply with new, state -mandated diversion programs, monitoring diversion reports to assess hauler compliance with state laws, and leading meetings with cities and haulers to monitor contractual compliance and resolve outstanding contractual obligations. Mr. Blythe has developed comprehensive organics cost models used in the City of Anaheim, Mission Viejo, Tustin, Santa Ana, Laguna Niguel, Newport Beach, Lake Forest, Rancho Mirage, and Napa. The model is used to project the cost of AB 1826 and SB 1383 compliance and to examine the impact of these costs on different components of a city's rate base. The model allows for real-time entry of generator participation assumptions, rate incentives, and service scenarios to predict the total cost of the program and the potential rate impact on residential and commercial accounts. The model can being used to illustrate the impacts of different funding scenarios for presentation to elected officials and senior City management. In many cases, the rate model was developed with the franchise haulers to construct a rate that adequately compensates the hauler while still providing a rate incentive for the generator, thus aligning the profit 15 incentive of the hauler with the cost reduction incentives of the generators with the compliance requirements of the City. Mr. Blythe teaches two courses as adjunct faculty in the Sustainability and Resource Management program at Irvine Valley College; SRM 95 — The Business Case for Sustainability and SRM 90 — Sustainability for Communities. Lisa Robles MS Title: Vice President and Project Manager Time with EcoNomics, Inc.: 3 years Education: BS in Communications, California State Polytechnic University, Pomona, 2011, Masters in Environmental Studies (MS), California State University Fullerton, 2018 Specializations: Implementation of C&D Tracking Systems such as Green Halo; Development of Outreach Campaign for Curbside Co -Collected Organics Program; GIS Applications Lisa Robles joined the EcoNomics team in April 2018 and has been managing the AB 341/AB 1826 compliance implementation efforts in the City of Santa Ana as well as the CalGreen C&D program revision and development in the City of Lake Forest. Ms. Robles has also assisted the City of Anaheim with implementing the OC Waste and Recycling grant, and has experience drafting grant reports, developing CRM systems, and managing a competitive procurement process for PR firms. Ms. Robles has sixyears of experience developing and managing solid waste and recycling programs in both the both private and public sector. Ms. Robles worked as Republic Services recycling coordinator based out of the Anaheim facility for over four years and gained valuable experience in the operational and outreach components of the materials management industry. At Republic, Ms. Robles assisted client cities with designing and implementing waste diversion programs, ranging from food scrap recycling programs to HHW collection events. She was alsothe main liaison point with client citiesto assist with diversion tonnage and compliance reporting. At Republic, Ms. Robles developed key partnerships through involvement in community groups such as MUZEO and Anaheim Beautiful. More recently, as an intern in the Public Works Department at the City of Laguna Beach, Ms. Robles managed the City's CalGreen Construction and Demolition recycling program and worked to continuously improve compliance and diversion rates. At Laguna Beach, Ms. Robles assisted the City with its hauler contract management and oversight as well as overseeing CalRecycle compliance reporting. Ms. Robles obtained her Master of Science in Environmental Studies from CSU Fullerton. Ms. Robles has experience in Geographic Information Systems (GIS) as well as an in depth understanding of how sustainable waste management at a municipal scale can result in desirable environmental outcomes. Ms. Robles is proficient in the Microsoft Office suite, the Adobe design platform, ARCGIS, and is a native speaker of Spanish. Km Supporting Staff William O'Toole Title: President & Founder Time with EcoNomics, Inc.: 40+years Education: Bachelor of Science in Biology (Systems Ecology), University California, San Diego, 1976 Specializations: Strategic Oversight, High-level Compliance Planning, Waste Composition Study Design and Review, Contract Negotiations William O'Toole will provide senior review and strategic direction on the project's implementation goals and results. Mr. O'Toole is a "hands-on visionary" working with cities and counties to anticipate legislative trends, shifts in secondary materials markets, and other factors that affect local collection contracts. He devises practical, cost effective methods for implementing diversion programs that benefit cities' residents and businesses, and enable clients to meet the requirements of both AB 939 and the evolving requirements of AB 341, AB 1826 and SB 1383. Mr. O'Toole founded EcoNomics, Inc. in 1977 and has 40 years of experience in the recycling and solid waste industry. As one of the early pioneers in the recycling industry, he worked to implement some of the first curbside recycling programs in California and then developed secondary materials markets to accept the materials collected. He then turned his attention to implementing commercial recycling programs, which, in most cities yield far more tons of diversion due to the size and composition of these waste streams. He is now heavily involved in continuing the transition from the traditional view of solid waste and recycling towards the more encompassing vision of a sustainable materials management industry. During the process of developing recycling programs, it became clearthat existing collection contracts were insufficient with respect to programs, reporting, and enforcement tools to handle the additional requirements of diversion mandates. In addition, the segmentation of wastes into subcomponents (i.e., E- waste, HHW, "big box" recyclable streams, etc.) also required a new development of contract language and management tools to meet the demands of a different approach to the handling of what used to be considered as Municipal Solid Waste (MSW). It was at this point that Mr. O'Toole became involved in overseeing the procurement of hauler services. He works with his client cities to develop contracts that are specifically tailored to maximize diversion, identify costs, and develop rate structures that are transparent. Mr. O'Toole is one of the founders of the California Resource Recovery Association (CRRA) as well as Californians Against Waste (CAW). He has worked on statewide legislation and has been a member of several committees and taskforces forthe California Integrated Waste Management Board (now known as CalRecycle) on AB 939 Diversion Calculations and Reporting Requirements for Material Recovery Facilities (MRF) and Transfer Stations. Mr. O'Toole brings significant local knowledge about the Orange County solid waste and recycling system including familiarity with the recycling, materials recovery, construction and demolition waste processing facilities, the landfill system and all of the solid waste and recycling companies that are active in the Orange County area. 17 Tina Nguyen MA Title: Senior Program Implementation Coordinator/Analyst Time with EcoNomics, Inc.: 2 years Education: BA in Geography with Emphasis on Geographic Information Systems (GIS) and Spanish, University of California, Santa Barbara, 2012 Master in Sustainability from University of Cape Town, South Africa, 2018 Specializations: Special Event Recycling Programs; Outreach and Training Video Production; GIS Applications; Social Media Tina Nguyen joined EcoNomics in early 2019 to assist with AB 341 and AB 1826 program verification and compliance implementation in the City of Santa Ana. Ms. Nguyen has managed the City of Santa Ana's compliance implementation effort since May of 2020 and has extensive experience interfacing with CalRecycle, haulers, and cities to move compliance goals forward in an efficient manner. Ms. Nguyen has produced training films and business testimonials for the cities of Santa Ana and Mission Viejo that are engaging and provide detailed information, in English and Spanish, about how to participate in a city's recycling, organics recycling, and HHW recycling programs. Ms. Nguyen has also managed the SB 1383- aliged hauling contract for the City of Tustin since February 2020. This contract has fully incorporated the requirements of SB 1383 and requires extensive performance requirements from the hauler. Ms. Nguyen studied the implementation of sustainability programs at large surf events extensively during her master's degree coursework in South Africa and during her undergraduate course work at UC Santa Barbara. Ms. Nguyen has experience implementing sustainable waste management and waste reduction programs at large-scale surf competitions and in Hawaii and South Africa. Further, she has applied her GIS skillset to develop interactive maps of pollution run-off as an intern for Heal the Bay in Santa Monica. Ms. Nguyen is fluent in Vietnamese and proficient in Spanish. Christy Hurlburt MBA Title: Vice President of Marketing Time with EcoNomics, Inc.: 6 months Education: BS in Electrical engineering, University California, Berkeley, 2000 MBA in Sustainable Management from Presidio Graduate School, 2011 Specializations: Branding, Strategic Marketing, Program Management Christy Hurlburt brings over 20 years of experience in the waste, sustainability and technology industries as both a consultant and marketing leader. Ms. Hurlburt has worked with a variety of clients including local government and corporations to advance their resource management goals. On the strategic side, she helps clients build recognizable and sustainable brands, create value driven content strategies, craft ROI- driven lead generation programs, and deliver actionable, integrated marketing and PR programs that generate results. Ms. Hurlburt has also worked in the field performing waste audits and sorts, route efficiency assessments and hauler verification. Prior to EcoNomics, Ms. Hurlburt was the VP of Marketing for Enevo, a waste sensor technology company. At Enevo, she worked with haulers, cities, restaurants and multi -family complexes to increase their operational efficiency, increase recycling and reduce their overall waste costs. Ms. Hurlburt was the Senior Director of Cascadia Consulting's corporate sustainability practice area working on the planning and implementation of clients' waste reduction and zero -waste goals. Ms. Hurlburt worked directly with large technology, food and outdoor apparel companies in the Bay Area. She has also held roles as the Director W-i of Marketingfor Bosch Solar Energy and District Manager for Medtronic. Ms. Hurl burtstarted off her career in sales and marketing at Agi lent Technologies, a high-tech test equipment company. Ms. Hurl burtstudied electrical engineering and computer science at the University of California at Berkeley. She played Division I lacrosse and now coaches youth leagues. Ms. Hurlburt has her MBA in Sustainable Management from the Presidio Graduate School in San Francisco. Ian Bevan MBA Title: Program Implementation Manager and Analyst Time with EcoNomics, Inc.: 7 years Education: BA in Political Science, San Diego State University, 2008 MBA in Sustainable Management from Presidio Graduate School, 2012 Specialization: AB 341 and AB 1826 Field Implementation; CalRecycle Compliance Reporting (EAR and Form 303) Ian Bevan specializes in developing cost-effective waste diversion programs that help businesses meet compliance requirements. He has implemented AB 341 and AB 1826 programs at hundreds of commercial and multi -family properties in San Juan Capistrano, Tustin, Mission Viejo, Laguna Hills, Anaheim, Santa Ana, and Anaheim. Mr. Bevan uses information gathered at site audits to develop customized, cost -saving waste reduction programs that fit the unique needs of each property, from split trash and recycling bins to specialized enclosure signage and outreach. Mr. Bevan has also worked with large retail operations to implement organics waste diversion programs and to manage increases in trash and recyclables during the holiday season using novel and innovative outreach and public education approaches. Mr. Bevan has experience working with the City of San Diego Environmental Department managing the construction and demolition ordinance. In this capacity, Mr. Bevan worked with contractors to ensure they met or exceeded the City's 50% diversion requirement for construction and demolition waste. Mr. Bevan leveraged his experience as an on -campus sustainability advocate at San Diego State University to found a non-profit company committed to facilitating grassroots, student -led sustainability, programs at colleges and universities. Mr. Bevan holds a Bachelor Degree in Political Science from the San Diego State University. He received his Master of Business Administration from the Presidio Graduate School in San Francisco in December 2012. Winley Durham Title: Program Implementation Manager and Analyst Time with EcoNomics, Inc.: 3 years Education: BA in Geographic Information System from California State University Fullerton, 2020 Specializations: Implementation of AB 341 and AB 1826 Programs; GIS Applications Ms. Durham joined the EcoNomics team in August of 2018 and has assisted the City of Santa Ana with applying tools from Geographic Information Systems (GIS) to geocode and optimize AB 341 and AB 1826 compliance implementation efforts. Ms. Durham has implemented countless AB 341 and AB 1826 recycling programs in the City of Santa Ana and is very familiar with the business community and the haulers operations practices. Ms. Durham will also be gathering data in the field to assist with implementation oversight. The "on the ground" status of program implementation gathered will also be transferred into GIS mapping and overlays to provide the City an easily used tool to access the status of satisfactory attainment of compliance requirements. 19 Chavarria Title: Program Implementation Time with EcoNomics, Inc.: 1 year Education: BA from California State Long Beach (in progress) Specializations: Implementation of AB 341 and AB 1826 Programs Ms. Chavarria has been working with EcoNomics in Santa Ana since February 2020. Ms. Chavarria assist the City with digital entry of self -reporting forms, response management from the Santa Ana Recycles VOIP and email system, as well as with program implementation outreach and education. Ms. Chavarria has also assisted with generator identification for AB 827 accounts and verifying bin placement for newly implemented programs. With additional training, Kathy will be able to verify internal programs and assist with proposal development. Valeria Ferrufino Title: Program Implementation Time with EcoNomics, Inc.: 1 year Education: AA in Geography, AA in Social and Behavioral Sciences, Certificate of Proficiency in Sustainability and Resource Management, from Irvine Valley College (May 2020) Candidate for Bachelor of Science in Geography from California State University Fullerton (2022) Specializations: Implementation of AB 341 and AB 1826 Programs Valeria Ferrufino joined the EcoNomics team in January of 2020 to assist with field implementation. She has worked in the City of Mission Viejo to analyze commercial listings and restaurant listing to identify AB 1826 and AB 827 non -compliant generators. Ms. Ferrufino also conducts recurring audits of existing participants in the City's AB 1826 program to assess participation and contamination levels. Ms. Ferrufino led the sustainability efforts at Irvine Valley College as the Vice President of the on -campus Green Team and with frequent presentations of sustainability projects at the college's Environmental Leadership Task Force. Ms. Ferrufino has basic ArcGIS skills that have assisted in presenting field audit findings and optimizing recycling collection routes. Additional Legal Staff, As Needed Cerene St. John 1D Title: Director Time with EcoNomics, Inc.: 31 years Education: B.A. in Political Science from California State University, San Bernardino (1977) J.D. degree from The University of Santa Clara School of Law (1980). Specializations: Legal Ms. St. John has over 35 years of experience in the solid waste and recycling field and has worked, inside cities (San Francisco and Sunnyvale) and also as a consultant and as outside legal counsel. Ms. St. John joined EcoNomics in 1990 and served as Vice President through June 2008, when she became a Director of EcoNomics and began providing consulting services through her own company It's A Natural Product, Inc., and legal services through the Law Office of Cerene St. John. She has written innovative solid waste and recycling contracts for over 14 cities and also has written amendments to existing contracts and ordinances. She is an active member of the State Bar of California and is familiar with Propositions 218 and 26 as well as AB 341, AB 1826, SB 1383 and their corresponding CalRecycle regulations. She bridges program 20 implementation requirements into legal and regulatory language and metrics for use in assuring compliance and performance from hauling companies and their affiliates. She recently assisted the cities of Tustin and Laguna Niguel by drafting new SIB 1383-compliant contracts that were approved in 2018. NOTE: EcoNomics may use one subcontractor on an 'as -needed' basis for legal support. EcoNomics would use the Law Office of Cerene St. John as a subcontractor for any franchise oriented legal services and other drafting, review, or analysis that should be needed during the course of the project. 21 Section 3. Budget and Schedule of Hourly Fees Schedule of Hourly Fees Name Position Hourly Rate William O'Toole President $205 Trevor S. Blythe, MBA Senior Vice President $130 Lisa Robles MS Vice President $130 Legal Assistance Cerene St. John, Esq. (on an as $250 needed basis) Christy Hurlburt MBA Vice President, $130 Marketing Tina Nguyen MA Senior Program $90 Manager/Analyst Winley Durham Program $90 Ian Bevan, MBA Manager/Analyst Kathy Chavarria/Valeria Program $65 Ferrufino Implementation 22 Budget The below budget includes a reimbursables budget for any reproduction, mileage, mailing, etc. as these costs are included in hourly staff rates. The table below shows the proposal annual budget. EcoNomics may request minor adjustments of hours between tasks with prior City approval. However, the NTE will not exceed the amount shown. 23 Tori Pierson Dane: 21021.10.0808:53:26e0700' ACOR" CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 10/07/2021 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. 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INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DD/YYYY LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE OCCUR PREM SESOEa occurrDence $ 500,000 MED EXP (Any one person) $ 15,000 PERSONAL & ADV INJURY $ 1,000,000 A X X BKS57048355 12/09/2020 12/09/2021 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY ❑ PRO � JECT LOC X PRODUCTS - COMP/OPAGG $ 2,000,000 $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ 1,000,000 BODILY INJURY (Per person) $ ANY AUTO A OWNED SCHEDULED AUTOS ONLY AUTOS X X BKS57048355 12/09/2020 12/09/2021 BODILY INJURY (Per accident) $ XHIRED PROPTY DAMAGE Per acciERdent $ NON -OWNED AUTOS ONLY /� AUTOS ONLY UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 1,000,000 A X EXCESS LIAB CLAIMS -MADE ESA (22) 57048355 04/01/2021 04/01/2022 AGGREGATE $ 2,000,000 DED RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N PER OTH- STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? 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BOX 8192, PLEASANTON, CA 94588 CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 10-01-2021 GROUP: POLICY NUMBER: 1397885-2021 CERTIFICATE ID: 117 CERTIFICATE EXPIRES: 10-01-2022 10-01-2021/10-01-2022 CITY OF SANTA ANA SP 20 CIVIC CENTER PLZ SANTA ANA CA 92701-4058 This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon 30 days advance written notice to the employer. We will also give you 30 days advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policy listed herein. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate of insurance may be issued or to which it may pertain, the insurance afforded by the policy described herein is subject to all the terms,/ exclusions, and conditions, of such policy. Authorized Representative President and CEO EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE. ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 10-01-2003 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. ENDORSEMENT #1651 - WILLIAM O'TOOLE, PRESIDENT - EXCLUDED. ENDORSEMENT #1651 - TREVOR BLYTHE, S - EXCLUDED. EMPLOYER ECAL/NOMICS, INC ECO/NOMICS, INC. SP RikMudgmeninhiaim PO BOX 2790 _ R eoEwm & APPROVED BY: DEL MAR CA 92014 �eerQars rl Risk NFanagement Cl eriral Aide (REV.7-2014) PRINTED : 10-05-2021 Coverage Is Provided In: Policy Number: Liberty Ohio Security Insurance Company - a stock company BKS (21) 57 04 83 55 Mutual® Policy Period: INSURANCE From 12/09/2020 To 12/09/2021 12:01 am Standard Time at Insured Mailing Location Common Policy Declarations Named Insured Agent ECONOMICS INC DBA ECAL/NOMICS 832 Camino Del Mar Ste 2 Del Mar, CA 92014 SUMMARY OF LOCATIONS (844) 547-9382 WORLDWIDE FACILITIES, LLC PO BOX 12279 SANTA ROSA, CA 95406-2279 This policy provides coverage for the following under one or more coverage parts. Please refer to the individual Coverage Declarations Schedules, or, the individual Coverage Forms for locations or territory definition for that specific Coverage Part. 0001 832 Camino Del Mar Ste 2, Del Mar, CA 92014-2808 0002 33155 Camino Capistrano Ste E, San Juan Capistrano, CA 92675-4829 0003 206 W 4th St Ste 429, Santa Ana, CA 92701-4678 POLICY FORMS AND ENDORSEMENTS This section lists the Forms and Endorsements for your policy. Refer to these documents as needed for detailed information concerning your coverage. FORM NUMBER TITLE CG 00 01 04 13 Commercial General Liability Coverage Form - Occurrence CG 20 10 04 13 Additional Insured - Owners, Lessees or Contractors - Scheduled Person or Organization CG 20 37 04 13 Additional Insured - Owners, Lessees or Contractors - Completed Operations CG 21 06 05 14 Exclusion - Access Or Disclosure Of Confidential Or Personal Information And Data -Related Liability - With Limited Bodily Injury Exception CG 21 47 12 07 Employment -Related Practices Exclusion In witness whereof, we have caused this policy to be signed by our authorized officers. Mark Touhey David Long Secretary President To report a claim, call your Agent or 1-844-325-2467 f DS /0 21 11 16 Ri& Mudgmeni Dhiakm ReoEwm & APPROVED BY' cl /QiG �[£/SP.Qf2 Risk NFanagement Cl eriral Aide 10/25/20 57048355 PDLSVCS 290 NCXFPPNO INSURED COPY 001560 PAGE 20 OF 166 Coverage Is Provided In: Policy Number: Liberty Ohio Security Insurance Company - a stock company BKS (21) 57 04 83 55 Mutual® Policy Period: INSURANCE From 12/09/2020 To 12/09/2021 12:01 am Standard Time at Insured Mailing Location Common Policy Declarations Named Insured Agent ECONOMICS INC DBA ECAL/NOMICS 832 Camino Del Mar Ste 2 Del Mar, CA 92014 POLICY FORMS AND ENDORSEMENTS - CONTINUED (844) 547-9382 WORLDWIDE FACILITIES, LLC PO BOX 12279 SANTA ROSA, CA 95406-2279 This section lists all of the Forms and Endorsements for your policy. Refer to these documents as needed for detailed information concerning your coverage. FORM NUMBER TITLE CG 21 67 12 04 Fungi or Bacteria Exclusion CG 21 73 01 15 Exclusion of Certified Acts of Terrorism CG 21 87 01 15 Conditional Exclusion of Terrorism - (Relating to Disposition of Federal Terrorism Risk Insurance Act) CG 24 26 04 13 Amendment of Insured Contract Definition CG 80 61 05 11 Amendment of Cancellation Provisions CG 84 99 01 12 Non -Cumulation Of Liability Limits Same Occurrence CG 85 15 09 03 Exclusion - Professional Services CG 88 10 04 13 Commercial General Liability Extension CG 88 60 12 08 Each Location General Aggregate Limit CG 88 61 12 08 Property Damage - Customers' Goods CG 88 66 12 08 Property Damage - Borrowed Equipment CG 88 77 12 08 Medical Expense At Your Request Endorsement CG 88 86 12 08 Exclusion - Asbestos Liability CG 89 01 12 08 Hired Auto And Non -Owned Auto Liability CG 90 41 01 13 Amendment Of Coverage B Personal And Advertising Injury CP 00 10 04 02 Building and Personal Property Coverage Form CP 00 90 07 88 Commercial Property Conditions CP 01 40 07 06 Exclusion of Loss Due to Virus or Bacteria CP 04 49 02 20 California Changes - Replacement Cost CP 10 30 04 02 Causes of Loss - Special Form CP 10 32 08 08 Water Exclusion Endorsement CP 72 97 0402 Equipment Breakdown Enhancement Endorsement - Special Form CP 88 04 03 10 Removal Permit To report a claim, call your Agent or 1-844-325-2467 Ri& Mudgmeni Dhiakm ReoEwm & APPROVED BY' Risk NFanagement Cl eriral Aide DS 70 21 11 16 10/25/20 57048355 PDLSVCS 290 NCXFPPNO INSURED COPY 001560 PAGE 21 OF 166 Coverage Is Provided In: Policy Number: Liberty Ohio Security Insurance Company - a stock company BKS (21) 57 04 83 55 Mutual® Policy Period: INSURANCE From 12/09/2020 To 12/09/2021 12:01 am Standard Time at Insured Mailing Location Common Policy Declarations Named Insured Agent ECONOMICS INC DBA ECAL/NOMICS 832 Camino Del Mar Ste 2 Del Mar, CA 92014 POLICY FORMS AND ENDORSEMENTS - CONTINUED (844) 547-9382 WORLDWIDE FACILITIES, LLC PO BOX 12279 SANTA ROSA, CA 95406-2279 This section lists all of the Forms and Endorsements for your policy. Refer to these documents as needed for detailed information concerning your coverage. FORM NUMBER TITLE CP 88 17 08 12 California Custom Protector - Extended Period of Indemnity CP 90 40 08 12 Office / Lessors Custom Protectors Endorsement CP 90 59 12 12 Identity Theft Administrative Services and Expense Coverage CP 91 42 08 12 Custom Protector Plus Endorsement IL 00 17 11 98 Common Policy Conditions IL 00 21 09 08 Nuclear Energy Liability Exclusion Endorsement (Broad Form) IL 01 02 02 20 California Changes - Actual Cash Value IL 01 04 09 07 California Changes IL 02 70 12 19 California Changes - Cancellation and NonRenewal IL 09 35 07 02 Exclusion of Certain Computer -Related Losses IL 09 53 01 15 Exclusion Of Certified Acts Of Terrorism Endorsement IL 09 95 01 07 Conditional Exclusion of Terrorism (Relating to Disposition of Federal Terrorism Risk Insurance Act) LC 87 10 05 00 Punitive or Exemplary Damages Exclusion NP 74 26 04 13 Notice to Policyholder Fully Earned Minimum Premium Endorsements To report a claim, call your Agent or 1-844-325-2467 Ri& Mudgmeni Dhialm ReoEwm & APPROVED BY' 99W-/QiG �[£/SP.Qf2 Risk K—g—t Cl aris[ Aide DS 70 21 11 16 10/25/20 57048355 PDLSVCS 290 NCXFPPNO INSURED COPY 001560 PAGE 22 OF 166 POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG20100413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS -SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): City of Santa Ana 20 Civic Center Plaza SANTA ANA, CA 92701 Location(s) Of Covered Operations All Locations Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II - Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily in- jury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing oper- ations for the additional insured(s) at the lo- cation(s) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permit- ted by law; and 2. If coverage provided to the additional in- sured is required by a contract or agree- ment, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following addi- tional exclusions apply: This insurance does not apply to "bodily in- jury" or" property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than ser- vice, maintenance or repairs) to be per- formed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or or- ganization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 20 10 04 13 Insurance Services Office, Inc., 2012 Rifil>,i Dhiakm REoEwm & APPROVED BY' /QiG �[£/SP.Qf2 Risk NFanagement Cl eriral Aide C. With respect to the insurance afforded to these additional insureds, the following is added to Section III - Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the ap- plicable Limits of Insurance shown in the Dec- larations. Page 2 of 2 Insurance Services Office, Inc., 2012 M&>,i Dhiakm ReoEwm & APPROVED BY' /QiG �[£/SP.Qf2 Risk NFanagement Cl eriral Aide COMMERCIAL GENERAL LIABILITY CG 21 87 01 15 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONDITIONAL EXCLUSION OF TERRORISM (RELATING TO DISPOSITION OF FEDERAL TERRORISM RISK INSURANCE ACT) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY A. Applicability Of The Provisions Of This En- (3) Redefine terrorism or make in- dorsement surance coverage for terrorism 1. The provisions of this endorsement be- subject to provisions or require - come applicable commencing on the ments that differ from those date when any one or more of the fol- that apply to other types of lowing first occurs. But if your policy events or occurrences under (meaning the policy period in which this this policy. endorsement applies) begins after such 2. If the provisions of this endorsement be - date, then the provisions of this endorse- come applicable, such provisions: ment become applicable on the date a. Supersede any terrorism endorse - your policy begins. ment already endorsed to this policy a. The federal Terrorism Risk Insur- that addresses "certified acts of ter- ance Program ("Program"), estab- rorism" and/or "other acts of terror- lished by the Terrorism Risk Insur- ism", but only with respect to an fin- ance Act, has terminated with cident(s) of terrorism (however respect to the type of insurance pro- defined) which results in injury or vided under this Coverage Part or damage that occurs on or after the Policy; or date when the provisions of this en- b. A renewal, extension or replacement dorsement become applicable (for of the Program has become effective claims made policies, such an en - without a requirement to make ter- dorsement is superseded only with rorism coverage available to you respect to an incident of terrorism and with revisions that: (however defined) that results in a claim for injury or damage first be - (1) Increase our statutory percent- ing made on or after the date when age deductible under the Pro- the provisions of this endorsement gram for terrorism losses. (That become applicable); and deductible determines the amount of all certified terrorism b. Remain applicable unless we notify losses we must pay in a calen- you of changes in these provisions, dar year, before the federal gov- in response to federal law. ernment shares in subsequent 3. If the provisions of this endorsement do payment of certified terrorism NOT become applicable, any terrorism losses.); or endorsement already endorsed to this (2) Decrease the federal govern- policy, that addresses "certified acts of ment's statutory percentage terrorism" and/or "other acts of terror - share in potential terrorism ism", will continue in off=�f airdaQQ %A1= losses above such deductible; notify you of chan Rifil>,iDhialm Or ment in response tc ReoEwm & APPROVED BY.' _ Risk NFanagement Cl eriral Aide CG 21 87 01 15 Insurance Services Office, Inc., 2015 Page 1 of 3 B. The following definitions are added and apply under this endorsement wherever the term terrorism, or the phrase any injury or dam- age, are enclosed in quotation marks: 1. "Terrorism" means activities against per- sons, organizations or property of any na- ture: a. That involve the following or preparation for the following: (1) Use or threat of force or vio- lence; or (2) Commission or threat of a dan- gerous act; or (3) Commission or threat of an act that interferes with or disrupts an electronic, communication, information, or mechanical sys- tem; and b. When one or both of the following applies: (1) The effect is to intimidate or co- erce a government or the civilian population or any segment thereof, or to disrupt any seg- ment of the economy; or (2) It appears that the intent is to in- timidate or coerce a govern- ment, or to further political, ideological, religious, social or economic objectives or to ex- press (or express opposition to) a philosophy or ideology. 2. "Any injury or damage" means any in- jury or damage covered under any Cov- erage Part or Policy to which this en- dorsement is applicable, and includes but is not limited to "bodily injury", "prop- erty damage", "personal and advertising injury", "injury" or "environmental dam- age" as may be defined in any applicable Coverage Part or Policy. C. The following exclusion is added: EXCLUSION OF TERRORISM We will not pay for "any injury or damage" caused directly or indirectly by "terrorism", including action in hindering or defending against an actual or expected incident of "ter- rorism". "Any injury or damage" is excluded regardless of any other cause or event that contributes concurrently or in any sequence to such injury or damage. But this exclusion applies only when one or more of the follow- ing are attributed to an incident of "terror- ism": 1. The "terrorism" is carried out by means of the dispersal or application of radioac- tive material, or through the use of a nu- clear weapon or device that involves or produces a nuclear reaction, nuclear radi- ation or radioactive contamination; or 2. Radioactive material is released, and it appears that one purpose of the "terror- ism" was to release such material; or 3. The "terrorism" is carried out by means of the dispersal or application of patho- genic or poisonous biological or chemi- cal materials; or 4. Pathogenic or poisonous biological or chemical materials are released, and it appears that one purpose of the "terror- ism" was to release such materials; or 5. The total of insured damage to all types of property exceeds $25,000,000. In de- termining whether the $25,000,000 threshold is exceeded, we will include all insured damage sustained by property of all persons and entities affected by the "terrorism" and business interruption losses sustained by owners or occupants of the damaged property. For the purpose of this provision, insured damage means damage that is covered by any insurance plus damage that would be covered by any insurance but for the application of any terrorism exclusions; or 6. Fifty or more persons sustain death or se- rious physical injury. For the purposes of this provision, serious physical injury means: a. Physical injury that involves a sub- stantial risk of death; or b. Protracted and obvious physical dis- figurement; or c. Protracted loss of or impairment of the function of a bodily member or organ. Multiple incidents of "terrorism" which occur within a 72-hour period and appear to be car- ried out in concert or to have a related pur- pose or common leadership will be deemed to be one incident, for the purpose of deter- mining whether the thresholds in Paragraphs C.S. or C.6. are exceeded. Ri&>,i Dhialm ReoEwm & APPROVED BY' /QiG �[£/SP.Qf2 Risk NFanagemeni Cl eriral Aide Page 2 of 3 Insurance Services Office, Inc., 2015 CG 21 87 01 15 With respect to this Exclusion, Paragraphs C.S. and C.6. describe the threshold used to measure the magnitude of an incident of "ter- rorism" and the circumstances in which the threshold will apply, for the purpose of deter- mining whether this Exclusion will apply to that incident. When the Exclusion applies to an incident of "terrorism", there is no cov- erage under this Coverage Part or Policy. The terms and limitations of any terrorism ex- clusion, or the inapplicability or omission of a terrorism exclusion, do not serve to create coverage for injury or damage that is other- wise excluded under this Coverage Part. CG 21 87 01 15 Insurance Services Office, Inc., 2015 Rifil>,i Dhiakm ReoEwm & APPROVED BY' /QiG �[£/SP.Qf2 Risk MF ge tClaris[Aide Page 3 of 3 COMMERCIAL GENERAL LIABILITY CG 24 26 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT OF INSURED CONTRACT DEFINITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The definition of "insured contract" in the Defini- Paragraph f. does not include that part of tions section is replaced by the following: any contract or agreement: "Insured contract" means: (1) That indemnifies a railroad for "bod- a. A contract for a lease of premises. How- ily injury" or "property damage" ever, that portion of the contract for a arising out of construction or lease of premises that indemnifies any demolition operations, within 50 feet person or organization for damage by fire of any railroad property and affecting to premises while rented to you or tem- any railroad bridge or trestle, tracks, porarily occupied by you with permission road -beds, tunnel, underpass or of the owner is not an "insured contract''; crossing; b. A sidetrack agreement; (2) That indemnifies an architect, engi- neer or surveyor for injury or dam- c. Any easement or license agreement, ex- cept in connection with construction or demolition operations on or within 50 (a) Preparing, approving, or failing feet of a railroad; to prepare or approve, maps, shop drawings, opinions, re - d. An obligation, as required by ordinance, ports, surveys, field orders, to indemnify a municipality, except in change orders or drawings and connection with work for a municipality; specifications; or e. An elevator maintenance agreement; (b) Giving directions or instructions, f. That part of any other contract or agree- or failing to give them, if that is ment pertaining to your business (includ- the primary cause of the injury ing an indemnification of a municipality or damage; or in connection with work performed for a (3) Under which the insured, if an archi- municipality) under which you assume tect, engineer or surveyor, assumes the tort liability of another party to pay liability for an injury or damage aris- for "bodily injury" or "property damage" ing out of the insured's rendering or to a third person or organization, pro- failure to render professional ser- vided the "bodily injury" or "property vices, including those listed in (2) damage" is caused, in whole or in part, above and supervisory, inspection, by you or by those acting on your behalf. architectural or engineering activi- However, such part of a contract or ties. agreement shall only be considered an "insured contract" to the extent your as- sumption of the tort liability is permitted by law. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. CG 24 26 04 13 Insurance Services Office, Inc., 2012 Rifil>,i Dhiakm WoEwm & APPROVED BY' /QiG �[£/SP.Qf2 Risk NFanagement Cl eriral Aide COMMERCIAL GENERAL LIABILITY CG 80 61 05 11 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT OF CANCELLATION PROVISIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Any term or provision of the Cancellation Conditions of the policy or any endorsement amending or replac- ing such Conditions is amended by the following: A. If we cancel this policy for any reason other than nonpayment of premium, we will notify the person or organization shown in the Schedule below. In no event will the notice to the person or organization scheduled below exceed the notice to the first named insured. B. Our obligation to send notice to the person or organization listed in the Schedule below will terminate at the earlier of the current policy period expiration or when you no longer have a legal or contractual obligation to such person or organization to maintain insurance coverage under a policy which requires that such person or organization be notified in the event of cancellation. SCHEDULE 1. Name: City of Rancho Mirage 2. Address: 69825 Highway 111 RANCHO MIRAGE, CA 92270 3. Number of days advance notice: 30 All other terms and conditions of this policy remain unchanged. W&>,i Dhiskm WoEwm & APPROVED BY: 2011 Liberty Mutual Agency Corporation. All rights reserved.918 CG 80 61 05 11 Includes copyrighted material of Insurance Services Office, Inc., with Its permissic Risk K.—g—t Clei-[Aide COMMERCIAL GENERAL LIABILITY CG 80 61 05 11 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT OF CANCELLATION PROVISIONS This endorsement modifies insurance provided under the following: [off]J�IJ�I=1Zia] /_1 Ill =1ZI=1:7_1MI/_1-7141WK919171=101-1w=1111:7_1AI Any term or provision of the Cancellation Conditions of the policy or any endorsement amending or replac- ing such Conditions is amended by the following: A. If we cancel this policy for any reason other than nonpayment of premium, we will notify the person or organization shown in the Schedule below. In no event will the notice to the person or organization scheduled below exceed the notice to the first named insured. B. Our obligation to send notice to the person or organization listed in the Schedule below will terminate at the earlier of the current policy period expiration or when you no longer have a legal or contractual obligation to such person or organization to maintain insurance coverage under a policy which requires that such person or organization be notified in the event of cancellation. SCHEDULE 1. Name: City of Santa Ana 2. Address: 20 Civic Center Plaza SANTA ANA, CA 92701 3. Number of days advance notice: 30 All other terms and conditions of this policy remain unchanged. W&>,i Dhiskm WoEwm & APPROVED BY: 2011 Liberty Mutual Agency Corporation. All rights reserved.918 CG 80 61 05 11 Includes copyrighted material of Insurance Services Office, Inc., with Its permissic Risk K.—g—t Clei-[Aide COMMERCIAL GENERAL LIABILITY CG 84 99 01 12 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NON -CUMULATION OF LIABILITY LIMITS (SAME OCCURRENCE) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART The following is added to Paragraph 5. under Section III - Limits Of Insurance: Non -Cumulation of Liability - Same Occurrence - If one "occurrence" causes "bodily injury" or "property damage" during the policy period and during the policy period of one or more prior, or future, general liability policies issued to you by us, then this policy's Each Occurrence Limit will be reduced by the amount of each payment made by us under the other policies because of such "occurrence." "For purposes of this endorsement, the term "us" also includes any other company that is or was part of the Liberty Mutual Agency Corporation division of Liberty Mutual Group." Ri&>,i Dhiskm WoEwm & APPROVED BY: 2011 Liberty Mutual Insurance. All rights reserved. CG 84 99 01 12 Includes copyrighted material of Insurance Services Office, Inc., with its permissio Risk NFanagement Cl eriral Aide COMMERCIAL GENERAL LIABILITY CG 85 15 09 03 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION -PROFESSIONAL SERVICES This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART The following exclusion is added to Paragraph 2., Exclusions of Section I - Coverage A - Bodily In- jury And Property Damage Liability and Section I Coverage B - Personal And Advertising Injury Li- ability: This insurance does not apply to "bodily injury", "property damage", or "personal and advertising injury" resulting from the rendering of or the fail- ure to render any professional services by any in- sured to others. For the purpose of this exclusion, professional services include but are not limited to: 1. Providing expert advice, analysis or planning regarding financial matters including: a. Acting as a dividend disbursing agent, exchange agent, redemption or subscrip- tion agent, warrant or scrip agent, fiscal or paying agent, tax withholding agent, escrow agent, clearing agent, or electron- ic funds transfer agent; b. Lending, or arranging for the lending of, money, including credit card, debit card, leasing or mortgage operations or activi- ties or interbank transfers; c. Repossessing of real or personal proper- ty from a borrower or acting as an as- signee of the benefit of creditors; d. Checking or reporting of credit; e. Maintaining of financial accounts or records; f. Tax planning, tax advising or the prep- aration of tax returns; or g. Selling or issuing travelers checks, letters of credit, certified checks, bank checks or money orders. 2. Providing any medical services. 3. Providing any legal services. 4. Providing any architectural or engineering services. 5. Providing expert advice, analysis or planning to others regarding product development or design. 6. Providing expert advice, analysis or planning regarding counseling services such as: a. Mental health; b. Crisis prevention; c. Social services; d. Drug and alcohol rehabilitation; or e. Similar subjects. Ri&>,i Dhialm WoEwm & APPROVED BY' /QiG �[£/SP.Qf2 Includes copyrighted material of ISO Properties, Inc., with its permis: Risk NFanagemeni Cl eriral Aide CG 85 15 09 03 ISO Properties, Inc., 2003 rage , yr , COMMERCIAL GENERAL LIABILITY CG88100413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL GENERAL LIABILITY EXTENSION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART INDEX SUBJECT PAGE o NON -OWNED AIRCRAFT 2 NON -OWNED WATERCRAFT 2 PROPERTY DAMAGE LIABILITY -ELEVATORS 2 EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) 2 MEDICAL PAYMENTS EXTENSION 3 EXTENSION OF SUPPLEMENTARY PAYMENTS - COVERAGES A AND B 3 " ADDITIONAL INSUREDS -BY CONTRACT, AGREEMENT OR PERMIT 3 PRIMARY AND NON-CONTRIBUTORY- ADDITIONAL INSURED EXTENSION 5 ADDITIONAL INSUREDS - EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE" 6 WHO IS AN INSURED - INCIDENTAL MEDICAL ERRORS/MALPRACTICE AND WHO IS AN INSURED - FELLOW EMPLOYEE EXTENSION - MANAGEMENT EMPLOYEES 6 NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES 7 FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES 7 KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT 7 LIBERALIZATION CLAUSE 7 BODILY INJURY REDEFINED 7 EXTENDED PROPERTY DAMAGE 8 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US - 8 WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU Ri& MudgmeniDhialm R eoEwm & APPROVED BY' /QiG �[£/SP.Qf2 Risk MF ge tClerical Aide 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 8 With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified by the endorsement. A. NON -OWNED AIRCRAFT Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liability, exclusion g. Aircraft, Auto Or Watercraft does not apply to an aircraft provided: 1. It is not owned by any insured; 2. It is hired, chartered or loaned with a trained paid crew; 3. The pilot in command holds a currently effective certificate, issued by the duly constituted authority of the United States of America or Canada, designating her or him a commercial or airline pilot; and 4. It is not being used to carry persons or property for a charge. However, the insurance afforded by this provision does not apply if there is available to the insured other valid and collectible insurance, whether primary, excess (other than insurance written to apply specifically in excess of this policy), contingent or on any other basis, that would also apply to the loss covered under this provision. B. NON -OWNED WATERCRAFT Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liability, Subparagraph (2) of exclusion g. Aircraft, Auto Or Watercraft is replaced by the following: This exclusion does not apply to: (2) A watercraft you do not own that is: (a) Less than 52 feet long; and (b) Not being used to carry persons or property for a charge. C. PROPERTY DAMAGE LIABILITY -ELEVATORS 1. Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liabil- ity, Subparagraphs (3), (4) and (6) of exclusion j. Damage To Property do not apply if such "property damage" results from the use of elevators. For the purpose of this provision, elevators do not include vehicle lifts. Vehicle lifts are lifts or hoists used in automobile service or repair operations. 2. The following is added to Section IV - Commercial General Liability Conditions, Condition 4. Other Insurance, Paragraph b. Excess Insurance: The insurance afforded by this provision of this endorsement is excess over any property insurance, whether primary, excess, contingent or on any other basis. D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) If Damage To Premises Rented To You is not otherwise excluded from this Coverage Part: 1. Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury and Property Damage Liability: a. The fourth from the last paragraph of exclusion j. Damage To Property is replaced by the follow- ing: Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire, lightning, explosion, smoke, or leakage from an automatic fire protection system) to: (i) Premises rented to you for a period of 7 or fewer consecutive days; or (ii) Contents that you rent or lease as part of a premises rental or lease agreement for a period of more than 7 days. Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" to contents of premises rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to this coverage as described in Ri& Mudgmeninhial„ Insurance. ReAm Ew& APPROVED BY. 99W Risk MF ge tClerical Aide 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 2 of 8 b. The last paragraph of subsection 2. Exclusions is replaced by the following: Exclusions c. through n. do not apply to damage by fire, lightning, explosion, smoke or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section III - Limits Of Insurance. 2. Paragraph 6. under Section III - Limits Of Insurance is replaced by the following: 6. Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of "property damage" to: a. Any one premise: (1) While rented to you; or (2) While rented to you or temporarily occupied by you with permission of the owner for damage by fire, lightning, explosion, smoke or leakage from automatic protection sys- tems; or b. Contents that you rent or lease as part of a premises rental or lease agreement. 3. As regards coverage provided by this provision D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) - Paragraph 9.a. of Definitions is replaced with the following: 9.a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning, explosion, smoke, or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with the permission of the owner, or for damage to contents of such premises that are included in your premises rental or lease agreement, is not an "insured contract". E. MEDICAL PAYMENTS EXTENSION If Coverage C Medical Payments is not otherwise excluded, the Medical Payments provided by this policy are amended as follows: Under Paragraph 1. Insuring Agreement of Section I - Coverage C - Medical Payments, Subparagraph (b) of Paragraph a. is replaced by the following: (b) The expenses are incurred and reported within three years of the date of the accident; and F. EXTENSION OF SUPPLEMENTARY PAYMENTS - COVERAGES A AND B 1. Under Supplementary Payments - Coverages A and B, Paragraph 1.b. is replaced by the following: b. Up to $3,000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. 2. Paragraph 1.d. is replaced by the following: d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to $500 a day because of time off from work. G. ADDITIONAL INSUREDS -BY CONTRACT, AGREEMENT OR PERMIT 1. Paragraph 2. under Section II - Who Is An Insured is amended to include as an insured any person or organization whom you have agreed to add as an additional insured in a written contract, written agreement or permit. Such person or organization is an additional insured but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused in whole or in part by: a. Your acts or omissions, or the acts or omissions of those acting on your behalf, in the performance of your on going operations for the additional insured that are the subject of the written contract or written agreement provided that the "bodily injury" or "property damag " sonal and advertising injury" is committed, subsequent to the signing of : Ril Mudgmeninhial„ written agreement; orinn& APPROVED BY.' 99W%ari �e`errQars Risk MF ge tClerical Aide 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 3 of 8 b. Premises or facilities rented by you or used by you; or c. The maintenance, operation or use by you of equipment rented or leased to you by such person or organization; or d. Operations performed by you or on your behalf for which the state or political subdivision has issued a permit subject to the following additional provisions: (1) This insurance does not apply to "bodily injury", "property damage", or "personal and ad- vertising injury" arising out of the operations performed for the state or political subdivision; (2) This insurance does not apply to "bodily injury" or "property damage" included within the "completed operations hazard". (3) Insurance applies to premises you own, rent, or control but only with respect to the following hazards: (a) The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners, or decorations and similar expo- sures; or (b) The construction, erection, or removal of elevators; or (c) The ownership, maintenance, or use of any elevators covered by this insurance. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insur- ance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. With respect to Paragraph 1.a. above, a person's or organization's status as an additional insured under this endorsement ends when: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. With respect to Paragraph 1.b. above, a person's or organization's status as an additional insured under this endorsement ends when their written contract or written agreement with you for such premises or facilities ends. With respects to Paragraph 1.c. above, this insurance does not apply to any "occurrence" which takes place after the equipment rental or lease agreement has expired or you have returned such equipment to the lessor. The insurance provided by this endorsement applies only if the written contract or written agreement is signed prior to the "bodily injury" or "property damage". We have no duty to defend an additional insured under this endorsement until we receive written notice of a "suit" by the additional insured as required in Paragraph b. of Condition 2. Duties In the Event Of Occurrence, Offense, Claim Or Suit under Section IV - Commercial General Liability Condi- tions. Ri& MudgmeniDhialm ReoEwm & APPROVED BY' /QiG �[£/SP.Qf2 Risk MF ge tClerical Aide 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 4 of 8 2. With respect to the insurance provided by this endorsement, the following are added to Paragraph 2. Exclusions under Section I - Coverage A - Bodily Injury And Property Damage Liability: This insurance does not apply to: a. "Bodily injury" or "property damage" arising from the sole negligence of the additional insured. b. "Bodily injury" or "property damage" that occurs prior to you commencing operations at the location where such "bodily injury" or "property damage" occurs. c. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the render- ing of, or the failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occur- rence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of, or the failure to render, any professional architectural, engineering or surveying services. d. "Bodily injury" or "property damage" occurring after: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. e. Any person or organization specifically designated as an additional insured for ongoing operations by a separate ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS endorsement is- sued by us and made a part of this policy. 3. With respect to the insurance afforded to these additional insureds, the following is added to Section III - Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: a. Required by the contract or agreement; or b. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declaratio ns. H. PRIMARY AND NON-CONTRIBUTORY ADDITIONAL INSURED EXTENSION This provision applies to any person or organization who qualifies as an additional insured under any form or endorsement under this policy. Condition 4. Other Insurance of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS is amend- ed as follows: a. The following is added to Paragraph a. Primary Insurance: If an additional insured's policy has an Other Insurance provision making its policy excess, and you have agreed in a written contract or written agreement to provide the additional insured coverage on a primary and noncontributory basis, this policy shall be primary and we will not seek contribution from the additional insured's policy for damages we cover. Ri,l>,i nhialm ReoEwm & APPROVED BY' /QiG �[£/SP.Qf2 Risk NFanagemeni Cl eriral Aide 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 5 of 8 b. The following is added to Paragraph b. Excess Insurance: When a written contract or written agreement, other than a premises lease, facilities rental contract or agreement, an equipment rental or lease contract or agreement, or permit issued by a state or political subdivision between you and an additional insured does not require this insurance to be primary or primary and non-contributory, this insurance is excess over any other insurance for which the addi- tional insured is designated as a Named Insured. Regardless of the written agreement between you and an additional insured, this insurance is excess over any other insurance whether primary, excess, contingent or on any other basis for which the additional insured has been added as an additional insured on other policies. I. ADDITIONAL INSUREDS - EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE" This provision applies to any person or organization who qualifies as an additional insured under any form or endorsement under this policy. 1. The following is added to Condition 2. Duties In The Event Of Occurrence, Offense, Claim or Suit: An additional insured under this endorsement will as soon as practicable: a. Give written notice of an "occurrence" or an offense that may result in a claim or "suit" under this insurance to us; b. Tender the defense and indemnity of any claim or "suit" to all insurers whom also have insurance available to the additional insured; and c. Agree to make available any other insurance which the additional insured has for a loss we cover under this Coverage Part. d. We have no duty to defend or indemnify an additional insured under this endorsement until we receive written notice of a "suit" by the additional insured. 2. The limits of insurance applicable to the additional insured are those specified in a written contract or written agreement or the limits of insurance as stated in the Declarations of this policy and defined in Section III - Limits of Insurance of this policy, whichever are less. These limits are inclusive of and not in addition to the limits of insurance available under this policy. J. WHO IS AN INSURED - INCIDENTAL MEDICAL ERRORS / MALPRACTICE WHO IS AN INSURED - FELLOW EMPLOYEE EXTENSION - MANAGEMENT EMPLOYEES Paragraph 2.a.(1) of Section II -Who Is An Insured is replaced with the following: (1) "Bodily injury" or "personal and advertising injury": (a) To you, to your partners or members (if you are a partnership or joint venture), to your members (if you are a limited liability company), to a co -"employee" while in the course of his or her employ- ment or performing duties related to the conduct of your business, or to your other "volunteer workers" while performing duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of that co -"employee" or "volunteer worker" as a consequence of Paragraph (1) (a) above; (c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs (1) (a) or (b) above; or (d) Arising out of his or her providing or failing to provide professional health care services. However, if you are not in the business of providing professional health care services or providing profes- sional health care personnel to others, or if coverage for providing professional health care ser- vices is not otherwise excluded by separate endorsement, this provision (Paragraph (d)) does not apply. Paragraphs (a) and (b) above do not apply to "bodily injury" or "personal and advertising injury" caused by an "employee" who is acting in a supervisory capacity for you. Supervisory capacif the "employee's" job responsibilities assigned by you, includes the direct supervi Ril>,inhialm ees" of yours. However, none of these "employees" are insureds for "bodily ininn& APPROVED BY.' 99W%ari �e`errQars Risk MF ge tClerical Aide 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 6 of 8 advertising injury" arising out of their willful conduct, which is defined as the purposeful or willful intent to cause "bodily injury" or "personal and advertising injury", or caused in whole or in part by their intoxica- tion by liquor or controlled substances. The coverage provided by provision J. is excess over any other valid and collectable insurance available to your "employee". K. NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES Paragraph 3. of Section II -Who Is An Insured is replaced by the following: 3. Any organization you newly acquire or form and over which you maintain ownership or majority interest, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded only until the expiration of the policy period in which the entity was acquired or formed by you; b. Coverage A does not apply to "bodily injury" or "property damage" that occurred before you a acquired or formed the organization; and c. Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. d. Records and descriptions of operations must be maintained by the first Named Insured. No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations or qualifies as an insured under this provision. L. FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES Under Section IV - Commercial General Liability Conditions, the following is added to Condition 6. Repre- sentations: Your failure to disclose all hazards or prior 'occurrences" existing as of the inception date of the policy shall not prejudice the coverage afforded by this policy provided such failure to disclose all hazards or prior 'occurrences" is not intentional. M. KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT Under Section IV - Commercial General Liability Conditions, the following is added to Condition 2. Duties In The Event of Occurrence, Offense, Claim Or Suit: Knowledge of an 'occurrence", offense, claim or "suit' by an agent, servant or "employee" of any insured shall not in itself constitute knowledge of the insured unless an insured listed under Paragraph 1. of Section II - Who Is An Insured or a person who has been designated by them to receive reports of "occurrences", offenses, claims or "suits" shall have received such notice from the agent, servant or "employee". N. LIBERALIZATION CLAUSE If we revise this Commercial General Liability Extension Endorsement to provide more coverage without additional premium charge, your policy will automatically provide the coverage as of the day the revision is effective in your state. O. BODILY INJURY REDEFINED Under Section V - Definitions, Definition 3. is replaced by the following: 3. "Bodily Injury" means physical injury, sickness or disease sustained by a person. This includes mental anguish, mental injury, shock, fright or death that results from such physical injury, sick- ness or disease. Ri& MudgmeniDhialm REoEwED & APPROVED BY' /QiG �[£/SP.Qf2 Risk MF ge tClerical Aide 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 7 of 8 P. EXTENDED PROPERTY DAMAGE Exclusion a. of COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY is replaced by the following: a. Expected Or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. Q. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US - WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU Under Section IV - Commercial General Liability Conditions, the following is added to Condition 8. Trans- fer Of Rights Of Recovery Against Others To Us: We waive any right of recovery we may have against a person or organization because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products -completed operations hazard" provided: 1. You and that person or organization have agreed in writing in a contract or agreement that you waive such rights against that person or organization; and 2. The injury or damage occurs subsequent to the execution of the written contract or written agree- ment. Ri& MudgmeniDhialm ReoEwm & APPROVED BY' /QiG �[£/SP.Qf2 Risk MF ge tClerical Aide 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 8 of 8 COMMERCIAL GENERAL LIABILITY CG 89 01 12 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. HIRED AUTO AND NON -OWNED AUTO LIABILITY This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Coverage 13 A. Hired Auto Liability 13 B. Non -Ownership Liability A. Insurance is provided only for those coverages when an "X" is shown in the Declarations or in the Schedule. 1. Hired Auto Liability The insurance provided under Section I - Coverage A - Bodily Injury And Property Damage Liabil- ity, applies to "bodily injury" or "property damage" arising out of the maintenance or use of a "hired auto" by you or your "employees" in the course of your business. 2. Non -Owned Auto Liability The insurance provided under Section I - Coverage A - Bodily Injury And Property Damage Liabil- ity, applies to "bodily injury" or "property damage" arising out of the use of any "non -owned auto" in your business by any person. B. For insurance provided by this endorsement only: 1. The exclusions, under Paragraph 2. Exclusion of Section 1 - Coverage A - Bodily Injury and Prop- erty Damage Liability, other than exclusions a., b., d., f., and i. and the Nuclear Energy Liability Exclusion, are deleted and replaced by the following: a. "Bodily injury" to: (1) An "employee" of the insured arising out of and in the course of: (a) Employment by the insured; or (b) Performing duties related to the conduct of the insured's business; or (2) The spouse, child, parent, brother or sister of that "employee" as a consequence of Para- graph (1) above. This exclusion applies: (1) Whether the insured may be liable as an employer or in any other capacity; and (2) To any obligation to share damages with or repay someone else who must pay the dam- ages because of the injury. This exclusion does not apply to: (1) Liability assumed by the insured under an "insured contract'; or (2) "Bodily Injury" arising out of and in the course of domestic employment by the insured unless benefits for such injury are in whole or in part either payable or required to be provided under any workers compensation law. b. "Property damage" to: Includes copyrighted material of Insurance Services Office, Inc., CG 89 01 12 08 with its permission. Rifil>,i Dhiakm iZ mEwm & APPROVED BY' /QiG �[£/SP.Qf2 Risk NFanagement Cl eriral Aide (1) Property owned or being transported by, or rented or loaned to the insured; or (2) Property in the care, custody or control of the insured. 2. Section II, Who Is An Insured, is replaced by the following: 1. Each of the following is an insured under this endorsement to the extent set forth below: a. You; b. Any other person using a "hired auto" with your permission; c. For a "non -owned auto": (1) any partner or "executive officer" of yours; or (2) any "employee" of yours but only while such "non -owned auto" is being used in your business; and d. Any other person or organization, but only for their liability because of acts or omissions of an insured under a., b. or c. above. 2. None of the following is an insured: a. Any person engaged in the business of his or her employer for "bodily injury" to any co -"employee" of such person injured in the course of employment, or to the spouse, child, parent, brother or sister of that co -"employee" as a consequence of such "bodily injury", or for any obligation to share damages with or repay someone else who must pay damages because of the injury. b. Any partner or "executive officer" for any "auto" owned by such partner or officer or a member of his or her household; c. Any person while employed in or otherwise engaged in duties in connection with an "auto business", other than an "auto business" you operate; d. The owner or lessee (of whom you are a sublessee) of a "hired auto" or the owner of a "non -owned auto" or any agent or "employee" of any such owner or lessee; e. Any person or organization for the conduct of any current or past partnership or joint venture that is not shown as a Named Insured in the Declarations. C. Section III - Limits of Insurance, Paragraph 2., The General Aggregate Limit, does not apply. D. The following additional definitions apply: 1. "Business" means the business or occupation of selling, repairing, servicing, storing or parking "autos". 2. "Hired Auto" means any "auto" you lease, hire, rent or borrow. This does not include any "auto" you lease, hire, rent or borrow from any of your "employees", your partners or you "executive Officers" or members of their households. 3. "Non -Owned Auto" means any "auto" you do not own, lease, hire, rent or borrow which is used in connection with your business. This includes "autos" owned by your "employees", your partners or "executive officers", or members of their households, but only while used in your business or your personal affairs. Includes copyrighted material of Insurance Services Office, Inc., CG 89 01 12 08 with its permission. Rifil>,i Dhiakm iZ mEwm & APPROVED BY' /QiG �[£/SP.Qf2 Risk NFanagement Cl eriral Aide Digitally signed by Tori Pierson Tori Pierson Date: 2021.12.2109:44:47 -08'00' ACOR" CERTIFICATE OF LIABILITY INSURANCEF12/15/2021 DATE (MM/DD/YYYY) 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 endorsement(s). PRODUCER CONTACT NAME: Nicole Hardin Advanced Brokers Insurance Services (PA/C. No Ext : (858) 436-7999 FAX No): (858) 436-7998 ADMDRESS: service@advancedbrokersinc.com 360 N El Camino Real 1A INSURER(S) AFFORDING COVERAGE NAIC # INSURERA: Liberty Mutual Insurance Co 23043 Encinitas CA 92024 INSURED INSURERB: AXIS Surplus Insurance Company 26620 INSURERC: ECo/Nomics, Inc. dba Ecal/nomics, Inc. INSURERD: 832 Camino Del Mar Ste2 INSURER E INSURER F : Del Mar CA 92014 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. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DD/YYYY LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE ^ OCCUR PREM SESOEa oNcurrDence $ 500,000 MED EXP (Any one person) $ 15,000 PERSONAL & ADV INJURY $ 1,000,000 A X X BKS57048355 12/09/2021 12/09/2022 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY ❑ JECT PRO � LOC X PRODUCTS - COMP/OPAGG $ 2,000,000 $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ 1,000,000 BODILY INJURY (Per person) $ ANY AUTO A OWNED SCHEDULED AUTOS ONLY AUTOS X X BKS57048355 12/09/2021 12/09/2022 BODILY INJURY (Per accident) $ XHIRED PROPERTY DAMAGE Per accident $ NON -OWNED AUTOS ONLY /� AUTOS ONLY UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 1,000,000 A X EXCESS LIAB CLAIMS -MADE ESA (22) 57048355 12/09/2021 12/09/2022 AGGREGATE $ 2,000,000 DED RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N PER OTH- STATUTE ER ANY PROPRIETOR/PARTNER/EXECU TIVE E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? ❑ N / A E.L. DISEASE - EA EMPLOYEE $ (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ Professional Liability Each Claim $1,000,000 B Pollution Liability X X EMP19001661-03 10/01/2021 10/01/2022 Aggregate $2,000,000 Deductible $5,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) City of Santa Ana, its officers, employees, agents, and representatives are Additional Insureds with respect to General Liability, Professional and Pollution Liability per the attached endorsements or as required by written contract. Insurance is Primary and Non -Contributory. *30 Days' Notice of Cancellation with 10 days' notice of Non -Payment of premium in accordance with the policy provisions. Operations of the insured covered under the above policies. CERTIFICATE HOLDER CANCELLATION City of Santa Ana Risk Management Division, 4th floor 20 Civic Center Plaza Santa Ana SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE , t p„� o ftvie&w & APPR svED B. CA 92702v� .� —� �` �' 76,ti A2ao C-­- o @ 1988-2015 ACORD CC ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD COMMERCIAL GENERAL LIABILITY CG88100413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL GENERAL LIABILITY EXTENSION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART INDEX SUBJECT PAGE NON -OWNED AIRCRAFT 2 NON -OWNED WATERCRAFT 2 PROPERTY DAMAGE LIABILITY - ELEVATORS 2 EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) 2 MEDICAL PAYMENTS EXTENSION 3 EXTENSION OF SUPPLEMENTARY PAYMENTS - COVERAGES A AND B 3 " ADDITIONAL INSUREDS - BY CONTRACT, AGREEMENT OR PERMIT 3 PRIMARY AND NON-CONTRIBUTORY- ADDITIONAL INSURED EXTENSION ADDITIONAL INSUREDS - EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE" 6 WHO IS AN INSURED - INCIDENTAL MEDICAL ERRORS/MALPRACTICE AND WHO IS AN INSURED - FELLOW EMPLOYEE EXTENSION - MANAGEMENT EMPLOYEES 6 NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES 7 7 KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT 7 LIBERALIZATION CLAUSE 7 BODILY INJURY REDEFINED 7 EXTENDED PROPERTY DAMAGE 8 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US - 8 WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU r' �< a. & APPR avm ay. 1,J, RYsk NYanagernena CY'erirvl'Aticfle © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 8 With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified by the endorsement. A. NON -OWNED AIRCRAFT Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liability, exclusion g. Aircraft, Auto Or Watercraft does not apply to an aircraft provided: 1. It is not owned by any insured; 2. It is hired, chartered or loaned with a trained paid crew; 3. The pilot in command holds a currently effective certificate, issued by the duly constituted authority of the United States of America or Canada, designating her or him a commercial or airline pilot; and 4. It is not being used to carry persons or property for a charge. However, the insurance afforded by this provision does not apply if there is available to the insured other valid and collectible insurance, whether primary, excess (other than insurance written to apply specifically in excess of this policy), contingent or on any other basis, that would also apply to the loss covered under this provision. Mk,IQk,MOITAh,I=15MTiT/r0=1 143 ZAIA1 Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liability, Subparagraph (2) of exclusion g. Aircraft, Auto Or Watercraft is replaced by the following: This exclusion does not apply to: (2) A watercraft you do not own that is: (a) Less than 52 feet long; and (b) Not being used to carry persons or property for a charge. C. PROPERTY DAMAGE LIABILITY - ELEVATORS 1. Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liabil- ity, Subparagraphs (3), (4) and (6) of exclusion j. Damage To Property do not apply if such "property damage" results from the use of elevators. For the purpose of this provision, elevators do not include vehicle lifts. Vehicle lifts are lifts or hoists used in automobile service or repair operations. 2. The following is added to Section IV - Commercial General Liability Conditions, Condition 4. Other Insurance, Paragraph b. Excess Insurance: The insurance afforded by this provision of this endorsement is excess over any property insurance, whether primary, excess, contingent or on any other basis. D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) If Damage To Premises Rented To You is not otherwise excluded from this Coverage Part: 1. Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury and Property Damage Liability: a. The fourth from the last paragraph of exclusion j. Damage To Property is replaced by the follow- ing: Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire, lightning, explosion, smoke, or leakage from an automatic fire protection system) to: (i) Premises rented to you for a period of 7 or fewer consecutive days; or (ii) Contents that you rent or lease as part of a premises rental or lease agreement for a period of more than 7 days. Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" to contents of premises rented to you for a period of 7 or fewer consecutive days. A separate limit Insurance. of insurance applies to this coverage as described in ' & PRa,r: ��. 70,t boo RYsk NYanagernena CY'erirvl'Aticfle © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 2 of 8 b. The last paragraph of subsection 2. Exclusions is replaced by the following: Exclusions c. through n. do not apply to damage by fire, lightning, explosion, smoke or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section III - Limits Of Insurance. 2. Paragraph 6. under Section III - Limits Of Insurance is replaced by the following: 6. Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of "property damage" to: a. Any one premise: (1) While rented to you; or (2) While rented to you or temporarily occupied by you with permission of the owner for damage by fire, lightning, explosion, smoke or leakage from automatic protection sys- tems; or b. Contents that you rent or lease as part of a premises rental or lease agreement. 3. As regards coverage provided by this provision D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) - Paragraph 9.a. of Definitions is replaced with the following: 9.a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning, explosion, smoke, or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with the permission of the owner, or for damage to contents of such premises that are included in your premises rental or lease agreement, is not an "insured contract". E. MEDICAL PAYMENTS EXTENSION If Coverage C Medical Payments is not otherwise excluded, the Medical Payments provided by this policy are amended as follows: Under Paragraph 1. Insuring Agreement of Section I - Coverage C - Medical Payments, Subparagraph (b) of Paragraph a. is replaced by the following: (b) The expenses are incurred and reported within three years of the date of the accident; and F. EXTENSION OF SUPPLEMENTARY PAYMENTS -COVERAGES A AND B 1. Under Supplementary Payments - Coverages A and B, Paragraph 1.b. is replaced by the following: b. Up to $3,000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. 2. Paragraph 1.d. is replaced by the following: d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to $500 a day because of time off from work. G. ADDITIONAL INSUREDS - BY CONTRACT, AGREEMENT OR PERMIT 1. Paragraph 2. under Section II - Who Is An Insured is amended to include as an insured any person or organization whom you have agreed to add as an additional insured in a written contract, written agreement or permit. Such person or organization is an additional insured but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused in whole or in part by: a. Your acts or omissions, or the acts or omissions of those acting on your behalf, in the performance of your on going operations for the additional insured that are the subject of the written contract or written agreement provided that the "bodily injury" or "property dams " 9 P Y J Y 9 sonal and advertising injury" is committed, subsequent to the signing of written agreement; or Rooe&w APPRavm 8,'. Fiat boo RYsk NYanagernena CY'erirvl'Aticfle © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 3 of 8 b. Premises or facilities rented by you or used by you; or c. The maintenance, operation or use by you of equipment rented or leased to you by such person or organization; or d. Operations performed by you or on your behalf for which the state or political subdivision has issued a permit subject to the following additional provisions: (1) This insurance does not apply to "bodily injury", "property damage", or "personal and ad- vertising injury" arising out of the operations performed for the state or political subdivision; (2) This insurance does not apply to "bodily injury" or "property damage" included within the "completed operations hazard". (3) Insurance applies to premises you own, rent, or control but only with respect to the following hazards: (a) The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners, or decorations and similar expo- sures; or (b) The construction, erection, or removal of elevators; or (c) The ownership, maintenance, or use of any elevators covered by this insurance. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insur- ance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. With respect to Paragraph 1.a. above, a person's or organization's status as an additional insured under this endorsement ends when: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. With respect to Paragraph 1.b. above, a person's or organization's status as an additional insured under this endorsement ends when their written contract or written agreement with you for such premises or facilities ends. With respects to Paragraph 1.c. above, this insurance does not apply to any "occurrence" which takes place after the equipment rental or lease agreement has expired or you have returned such equipment to the lessor. The insurance provided by this endorsement applies only if the written contract or written agreement is signed prior to the "bodily injury" or "property damage". We have no duty to defend an additional insured under this endorsement until we receive written notice of a "suit" by the additional insured as required in Paragraph b. of Condition 2. Duties In the Event Of Occurrence, Offense, Claim Or Suit under Section IV - Commercial General Liability Condi- tions. Rooe&w & APPR avm ay. 4�Ysk NYanagernena CY'erirvl'Aticfle © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 4 of 8 2. With respect to the insurance provided by this endorsement, the following are added to Paragraph 2. Exclusions under Section I - Coverage A - Bodily Injury And Property Damage Liability: This insurance does not apply to: a. "Bodily injury" or "property damage" arising from the sole negligence of the additional insured. b. "Bodily injury" or "property damage" that occurs prior to you commencing operations at the location where such "bodily injury" or "property damage" occurs. c. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the render- ing of, or the failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occur- rence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of, or the failure to render, any professional architectural, engineering or surveying services. d. "Bodily injury" or "property damage" occurring after: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. e. Any person or organization specifically designated as an additional insured for ongoing operations by a separate ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS endorsement is- sued by us and made a part of this policy. 3. With respect to the insurance afforded to these additional insureds, the following is added to Section III - Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: a. Required by the contract or agreement; or b. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declaratio ns. H. PRIMARY AND NON-CONTRIBUTORY ADDITIONAL INSURED EXTENSION This provision applies to any person or organization who qualifies as an additional insured under any form or endorsement under this policy. Condition 4. Other Insurance of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS is amend- ed as follows: a. The following is added to Paragraph a. Primary Insurance: If an additional insured's policy has an Other Insurance provision making its policy excess, and you have agreed in a written contract or written agreement to provide the additional insured coverage on a primary and noncontributory basis, this policy shall be primary and we will not seek contribution from the additional insured's policy for damages we cover. r' < a. ,& APPR avm ay. ���.�- OFRYsk NYanagernena CY'erirvl'Aticfle © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 5 of 8 b. The following is added to Paragraph b. Excess Insurance: When a written contract or written agreement, other than a premises lease, facilities rental contract or agreement, an equipment rental or lease contract or agreement, or permit issued by a state or political subdivision between you and an additional insured does not require this insurance to be primary or primary and non-contributory, this insurance is excess over any other insurance for which the addi- tional insured is designated as a Named Insured. Regardless of the written agreement between you and an additional insured, this insurance is excess over any other insurance whether primary, excess, contingent or on any other basis for which the additional insured has been added as an additional insured on other policies. I. ADDITIONAL INSUREDS - EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE" This provision applies to any person or organization who qualifies as an additional insured under any form or endorsement under this policy. 1. The following is added to Condition 2. Duties In The Event Of Occurrence, Offense, Claim or Suit: An additional insured under this endorsement will as soon as practicable: a. Give written notice of an "occurrence" or an offense that may result in a claim or "suit" under this insurance to us; b. Tender the defense and indemnity of any claim or "suit" to all insurers whom also have insurance available to the additional insured; and c. Agree to make available any other insurance which the additional insured has for a loss we cover under this Coverage Part. d. We have no duty to defend or indemnify an additional insured under this endorsement until we receive written notice of a "suit" by the additional insured. 2. The limits of insurance applicable to the additional insured are those specified in a written contract or written agreement or the limits of insurance as stated in the Declarations of this policy and defined in Section III - Limits of Insurance of this policy, whichever are less. These limits are inclusive of and not in addition to the limits of insurance available under this policy. J. WHO IS AN INSURED -INCIDENTAL MEDICAL ERRORS / MALPRACTICE WHO IS AN INSURED - FELLOW EMPLOYEE EXTENSION - MANAGEMENT EMPLOYEES Paragraph 2.a.(1) of Section II -Who Is An Insured is replaced with the following: (1) "Bodily injury" or "personal and advertising injury": (a) To you, to your partners or members (if you are a partnership or joint venture), to your members (if you are a limited liability company), to a co -"employee" while in the course of his or her employ- ment or performing duties related to the conduct of your business, or to your other "volunteer workers" while performing duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of that co -"employee" or "volunteer worker" as a consequence of Paragraph (1) (a) above; (c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs (1) (a) or (b) above; or (d) Arising out of his or her providing or failing to provide professional health care services. However, if you are not in the business of providing professional health care services or providing profes- sional health care personnel to others, or if coverage for providing professional health care ser- vices is not otherwise excluded by separate endorsement, this provision (Paragraph (d)) does not apply. Paragraphs (a) and (b) above do not apply to "bodily injury" or "personal and advertising injury" caused by an "employee" who is acting in a supervisory capacity for you. Supervisory capacit the "employee's" job responsibilities assigned by you, includes the direct supervi ees" of yours. However, none of these "employees" are insureds for "bodily in x Rooemm &APPRavm 8,'. qwpRYsk NYanagernena CY'erirvl'Aticfle © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 6 of 8 advertising injury" arising out of their willful conduct, which is defined as the purposeful or willful intent to cause "bodily injury" or "personal and advertising injury", or caused in whole or in part by their intoxica- tion by liquor or controlled substances. The coverage provided by provision J. is excess over any other valid and collectable insurance available to your "employee". K. NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES Paragraph 3. of Section II -Who Is An Insured is replaced by the following: 3. Any organization you newly acquire or form and over which you maintain ownership or majority interest, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded only until the expiration of the policy period in which the entity was acquired or formed by you; b. Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and c. Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. d. Records and descriptions of operations must be maintained by the first Named Insured. No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations or qualifies as an insured under this provision. L. FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES Under Section IV - Commercial General Liability Conditions, the following is added to Condition 6. Repre- sentations: Your failure to disclose all hazards or prior 'occurrences" existing as of the inception date of the policy shall not prejudice the coverage afforded by this policy provided such failure to disclose all hazards or prior 'occurrences" is not intentional. M. KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT Under Section IV - Commercial General Liability Conditions, the following is added to Condition 2. Duties In The Event of Occurrence, Offense, Claim Or Suit: Knowledge of an 'occurrence", offense, claim or "suit' by an agent, servant or "employee" of any insured shall not in itself constitute knowledge of the insured unless an insured listed under Paragraph 1. of Section II - Who Is An Insured or a person who has been designated by them to receive reports of "occurrences", offenses, claims or "suits" shall have received such notice from the agent, servant or "employee". N. LIBERALIZATION CLAUSE If we revise this Commercial General Liability Extension Endorsement to provide more coverage without additional premium charge, your policy will automatically provide the coverage as of the day the revision is effective in your state. O. BODILY INJURY REDEFINED Under Section V - Definitions, Definition 3. is replaced by the following: 3. "Bodily Injury" means physical injury, sickness or disease sustained by a person. This includes mental anguish, mental injury, shock, fright or death that results from such physical injury, sick- ness or disease. Rooe&w & APPR avm ay. ��. 70,t boo 4�Ysk NYanagernena CY'erirvl'Aticfle © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 7 of 8 P. EXTENDED PROPERTY DAMAGE Exclusion a. of COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY is replaced by the following: a. Expected Or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. Q. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US - WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU Under Section IV - Commercial General Liability Conditions, the following is added to Condition 8. Trans- fer Of Rights Of Recovery Against Others To Us: We waive any right of recovery we may have against a person or organization because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products -completed operations hazard" provided: 1. You and that person or organization have agreed in writing in a contract or agreement that you waive such rights against that person or organization; and 2. The injury or damage occurs subsequent to the execution of the written contract or written agree- ment. Rooe&w & APPR avm ay. 4�Ysk NYanagernena CY'erirvl'Aticfle © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 8 of 8 POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG 20 10 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS -SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): City of Santa Ana 20 Civic Center Plaza SANTA ANA, CA 92701 Location(s) Of Covered Operations All Locations Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II - Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily in- jury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing oper- ations for the additional insured(s) at the lo- cation(s) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permit- ted by law; and 2. If coverage provided to the additional in- sured is required by a contract or agree- ment, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following addi- tional exclusions apply: This insurance does not apply to "bodily in- jury" or" property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than ser- vice, maintenance or repairs) to be per- formed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or or- ganization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 20 10 04 13 © Insurance Services Office, Inc., 2012 fir' �; . & APPR ovm 8, . RYsk NYanagernena CY'erirvl'Aticfle C. With respect to the insurance afforded to these additional insureds, the following is added to Section III - Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the ap- plicable Limits of Insurance shown in the Dec- larations. Page 2 of 2 © Insurance Services Office, Inc., 2012 fir' < a. ���.�- Pawn & APPR ovm 8v. , RYsk NYanagernena CY'erirvl'Aticfle COMMERCIAL GENERAL LIABILITY CG89011208 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. C 11:7 �1 �7_�1��1_\ �1 �7�[�1►Q�]�i�l �1 �1 �7_�1����1_\:3 �� � �'1 This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Coverage 12 A. Hired Auto Liability 12 B. Non -Ownership Liability A. Insurance is provided only for those coverages when an "X" is shown in the Declarations or in the Schedule. 1. Hired Auto Liability The insurance provided under Section I - Coverage A - Bodily Injury And Property Damage Liabil- ity, applies to "bodily injury" or "property damage" arising out of the maintenance or use of a "hired auto" by you or your "employees" in the course of your business. 2. Non -Owned Auto Liability The insurance provided under Section I - Coverage A - Bodily Injury And Property Damage Liabil- ity, applies to "bodily injury" or "property damage" arising out of the use of any "non -owned auto" in your business by any person. B. For insurance provided by this endorsement only: 1. The exclusions, under Paragraph 2. Exclusion of Section 1 - Coverage A - Bodily Injury and Prop- erty Damage Liability, other than exclusions a., b., d., f., and i. and the Nuclear Energy Liability Exclusion, are deleted and replaced by the following: a. "Bodily injury" to: (1) An "employee" of the insured arising out of and in the course of: (a) Employment by the insured; or (b) Performing duties related to the conduct of the insured's business; or (2) The spouse, child, parent, brother or sister of that "employee" as a consequence of Para- graph (1) above. This exclusion applies: (1) Whether the insured may be liable as an employer or in any other capacity; and (2) To any obligation to share damages with or repay someone else who must pay the dam- ages because of the injury. This exclusion does not apply to: (1) Liability assumed by the insured under an "insured contract"; or (2) "Bodily Injury" arising out of and in the course of domestic employment by the insured unless benefits for such injury are in whole or in part either payable or required to be provided under any workers compensation law. b. "Property damage" to: Includes copyrighted material of Insurance Services Office, Inc., CG 89 01 12 08 with its permission. R&Aemm & APPR ovED 8, . RYsk NYanagernena CY'erirvl'Aticfle (1) Property owned or being transported by, or rented or loaned to the insured; or (2) Property in the care, custody or control of the insured. 2. Section II, Who Is An Insured, is replaced by the following: 1. Each of the following is an insured under this endorsement to the extent set forth below: a. You; b. Any other person using a "hired auto" with your permission; c. For a "non -owned auto": (1) any partner or "executive officer" of yours; or (2) any "employee" of yours but only while such "non -owned auto" is being used in your business; and d. Any other person or organization, but only for their liability because of acts or omissions of an insured under a., b. or c. above. 2. None of the following is an insured: a. Any person engaged in the business of his or her employer for "bodily injury" to any co -"employee" of such person injured in the course of employment, or to the spouse, child, parent, brother or sister of that co -"employee" as a consequence of such "bodily injury", or for any obligation to share damages with or repay someone else who must pay damages because of the injury. b. Any partner or "executive officer" for any "auto" owned by such partner or officer or a member of his or her household; c. Any person while employed in or otherwise engaged in duties in connection with an "auto business", other than an "auto business" you operate; d. The owner or lessee (of whom you are a sublessee) of a "hired auto" or the owner of a "non -owned auto" or any agent or "employee" of any such owner or lessee; e. Any person or organization for the conduct of any current or past partnership or joint venture that is not shown as a Named Insured in the Declarations. C. Section III - Limits of Insurance, Paragraph 2., The General Aggregate Limit, does not apply. D. The following additional definitions apply: 1. "Business" means the business or occupation of selling, repairing, servicing, storing or parking .,autos". 2. "Hired Auto" means any "auto" you lease, hire, rent or borrow. This does not include any "auto" you lease, hire, rent or borrow from any of your "employees", your partners or you "executive Officers" or members of their households. 3. "Non -Owned Auto" means any "auto" you do not own, lease, hire, rent or borrow which is used in connection with your business. This includes "autos" owned by your "employees", your partners or "executive officers", or members of their households, but only while used in your business or your personal affairs. Includes copyrighted material of Insurance Services Office, Inc., CG 89 01 12 08 with its permission. RYsk NYanagernena CY'erirvl'Aticfle POLICYHOLDER COPY SP P.O. BOX 8192, PLEASANTON, CA 94588 CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 10-01-2021 GROUP: POLICY NUMBER: 1397885-2021 CERTIFICATE ID: 117 CERTIFICATE EXPIRES: 10-01-2022 10-01-2021/10-01-2022 CITY OF SANTA ANA SP 20 CIVIC CENTER PLZ SANTA ANA CA 92701-4058 This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon 30 days advance written notice to the employer. We will also give you 30 days advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policy listed herein. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate of insurance may be issued or to which it may pertain, the insurance afforded by the policy described herein is subject to all the terms,/ exclusions, and conditions, of such policy. Authorized Representative President and CEO EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE. ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 10-01-2003 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. ENDORSEMENT #1651 - WILLIAM O'TOOLE, PRESIDENT - EXCLUDED. ENDORSEMENT #1651 - TREVOR BLYTHE, S - EXCLUDED. EMPLOYER ECAL/NOMICS, INC ECO/NOMICS, INC. SP PO BOX 2790� DEL MAR CA 92014 _ r rl Rislc Managernent CY'enr:.al A4[fle (REV.7-2014) PRINTED : 10-05-2021