HomeMy WebLinkAboutAPPRISS INC. f/n/a VINE COMPANY 1 - 2001AGREEMENT TERMINATION
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Please complete this form when the attached agreement is no longer in effect.
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Revised 8-7-0~ ~~~ Clerk of the Council
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AGREEMENTBETWEE~THE
. . f\) CITY OF SANTA ANA
(;t ~wo ( L' f\,v AND APPRISS, INC.
THIS AGREEMENT, is made and entered into this k day of I?J ,2001,
by and between the City of Santa Ana, a charter city and municipal corporation d y organized
and existing under the Constitution and laws of the State of California ("City") ana Appriss, Inc.
("Consultant").
0)/
N-2001-201
t
RECITALS
A. The City desires to retain a consultant to provide the City with specialized computer
capabilities and services;
B. Consultant represents that it is specially trained, experienced. and competent to
perform such services to City, and further represents that any services performed by
Consultant under this Agreement will be performed in compliance with such standards
as may reasonably be expected ftom aprofessional consultingJmn in the field.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the
terms and conditions hereinafter set forth, the parties agree as follows:
1.
SCOPE OF SERVICES
Consultant agrees to provide victim notification services ("the service") as described
herein and in the Proposal attached and incorporated herein as Exhibit A. The service will be
provided to the City of Santa Ana, Police Department, in connection with the Santa Ana Jail. The
City agrees to purchase ftom Consultant the services on the terms and conditions herein set forth.
This Agreement shall be effective as ofthe date above, and continue until September 30, 2002,
unless terminated earlier per the terms contained herein. The term of this Agreement may be
extended upon a writing executed by the Chief of Police and the City Attorney.
2.
DESCRIPTION OF SERVICES
Subject to the conditions and limitations contained herein, Consultant shall provide a
victim notification service on a 24-hour per day, 7-day a week basis through its automated call
center. This victim notification service shall be referred to as the "VINE Service". Included in
this service is the initial labor as well as expenses to dedicate a special telephone number for the
City's use of Consultant's call center. The VINE@ Service includes the processing of incoming
and outgoing victim calls as well as other services which are described in Exhibit A. Victim
notification calls only occur after the City and/or the City's equipment transmits an automatic or
manual notification signal. Upon receipt of the notification signal, the notification processes as
defined in Exhibit A shall be performed. The City shall bear all costs associated with changes or
modifications to its existing automated system to provide Consultant with data required for the
notification signal. Consultant acts only in the capacity of a consultant to assist in this work.
Consultant is responsible for all development associated with the processing of the notification
signal and the actual notification attempts once the signal has been transmitted. Where
applicable, costs of postage and stationery are excluded.
3.
2001 COMPLIANCE
Consultant warrants that the software product VINE@ , which is to be licensed for use by
the City, is designed and performs in such a manner that, within limitations of current hardware
and operating systems that are generally accepted as standard in the computer industry, the
following conditions exist:
.
Calculation, storage, retrieval or transmission of data fields and date-dependent data will
into cause the software to abnormally terminate or produce invalid results during use of
the software product for the business purposes for which the product is designed.
.
Century recognition and calculations accommodate same century and multi-century date
values and provide date data interface values that reflect the century,
.
The above year 2001 features assume that the date data passed ftom the City's software
has 4-character year fields and the data within those fields is accurate.
.
If a City's system changes such that a date field is sent ftom the City without century
data, Consultant's system will default to the current century.
The City is responsible for the continuation of data generation to the Vine@ Interface with
accurate century date. In the event the City is unable to provide the required data to the
Vine@ Interface due to any event affecting the City's booking system, or any other system
used to generate inmate and/or victim data, the City is still bound by the terms and conditions
of this Agreement for the payment of the annual service fee, as outlined in paragraph 5(b) of
this Agreement.
4.
SUPPLIES AND MATERIALS
Consultant shall make available certain materials and supplies to the City for use in
introducing Vine@ to the community. The creation of print, radio and television PSA's is
included in the start up fees. Quantities of support materials such as brochures, victim cards,
posters and similar material is included in start-up as indicated in the Vine@ proposal that is part
of this Agreement. At the City's expense, additional quantities of support materials may be
purchased.
5.
PRICING
Prior to this Agreement being valid, and service to begin, Consultant must execute an
agreement ftom the City to cover the following fees:
Recurring Operational Fees. These fees cover the annual cost of operating and
supporting Vine@. Hardware and Software service are included in this fee. All incoming and
outgoing calls are included in these fees as well as 24 hour monitoring of the service and the cost
of transmitting all data. These fees are billed on a monthly basis during the course of the
Agreement. Consultant will provide City with a monthly invoice detailing the services provided
to City. Billing will begin no sooner than (1) moving the system into the production call center,
or (2) the negotiated System Online date. The operational fees ofthe Vine@ service will be
$650.00 per month. City agrees to pay Consultant within thirty (30) days following the receipt
of said invoice. City's payment is subject to review under City's standard accounting
2
procedures. Payment need not be made for work which fails to meet the standards of
performance set forth in the Recitals which may reasonably be expected by City.
6.
PERFORMANCE OF SERVICES NOT COVERED
The parties agree that should the City request Consultant to perform any services not
covered by this Agreement, the City shall compensate Consultant for its direct labor, parts and
subcontract work at the Standard Rate of$lOO.OO/hour and Overtime Rates of$140.00/hour.
7.
INDEPENDENT CONTRACTOR
Consultant shall, during the entire term of this Agreement, be construed to be an
independent contractor and not an employee of the City. This Agreement is not intended nor
shall it be construed to create an employer-employee relationship, a joint venture relationship, or
to allow the City to exercise discretion or control over the professional manner in which
Consultant performs the services which are the subject matter ofthis Agreement; however, the
services to be provided by Consultant shall be provided in a manner consistent with all
applicable standards and regulations governing such services. Consultant shall pay all salaries and
wages, employer's social security taxes, unemployment insurance and similar taxes relating to
employees and shall be responsible for all applicable withholding taxes.
8.
INSURANCE
Prior to undertaking performance of work under this Agreement, Consultant shall
maintain and shall require its subcontractors, if any, to obtain and maintain insurance as
described below:
a. Commercial General Liability Insurance. Consultant shall maintain commercial
general liability insurance naming the City, its officers, agents, volunteers, and employees as
additional insured(s) and shall include, but not be limited to protection against claims arising
ftom bodily and personal injury, including death resulting thereftom and damage to property,
resulting ftom any act or occurrence arising out of Consultant's operations in the performance of
this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance
shall be not less than the following: single limit coverage applying to bodily and personal injury,
including death resulting thereftom, and property damage, in the total amount of $1,000,000 per
occurrence. Consultant shall supply City with a fully executed additional insured endorsement in
substantially the form attached hereto as Exhibit B upon execution of this Agreement and shall
be approved in form by the City Attorney.
b. Business automobile liability insurance, or equivalent form, with a combined single
limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for
owned, hired and non-owned automobiles.
c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300
of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against
liability for worker's compensation or to undertake self-insurance. Prior to commencing the
performance ofthe work under this Agreement, Consultant agrees to obtain and maintain any
employer's liability insurance with limits not less than $1,000,000 per accident.
d. The following requirements apply to the insurance to be provided by Consultant
pursuant to this section:
3
(i)
Consultant shall maintain all insurance required above in full force and
effect for the entire period covered by this Agreement.
Certificates of insurance shall be furnished to the City upon execution of
this Agreement and shall be approved in form by the City Attorney.
Certificates and policies shall state that the policies shall not be canceled
or reduced in coverage or changed in any other material aspect without
thirty (30) days prior written notice to the City.
(ii)
(iii)
e. If Consultant fails or refuses to produce or maintain the insurance required by this
section or fails or refuses to furnish the City with required proof that insurance has been procured
and is in force and paid for, the City shan have the right, at the City's election, to forthwith
terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its
time and materials expended prior to notification oftermination. Consultant waives the right to
receive compensation and agrees to indemnify the City for any work performed prior to approval
of insurance by the City.
9.
INDEMNIFICATION
a. Indemnification of City: Consultant agrees to and shall indemnify and hold harmless
the City, its officers, agents, employees, consultants, special counsel, and representatives ftom
liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable
relief arising out of claims for personal injury, including health, and claims for property damage,
which may arise ftom the direct or indirect operations of the Consultant or its contractors,
subcontractors, agents, employees, or other persons acting on their behalf which relates to the
services described in section 1 of this Agreement; and (2) ftom any claim that personal injury,
damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms
of or effects arising ftom this Agreement. This indemnity and hold harmless agreement applies
to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or
alleged to have been suffered, by reason of the events referred to in this Section or by reason of
the terms of, or effects, arising ftom this Agreement. The Consultant further agrees to
indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs
for special counsel to be selected by the City, regarding any action by a third party challenging
the validity of this Agreement, or asserting that personal injury, damages, just compensation,
restitution, judicial or equitable relief due to personal or property rights arises by reason of the
terms of, or effects arising ftom this Agreement. City may make all reasonable decisions with
respect to its representation in any legal proceeding.
b. Indemnification of Consultant: City shall indemnify Consultant to the extent
permitted by law and shall hold Consultant harmless against any damage, loss, cost or expense
which Consultant may incur by reason of any claim, demand, suit or recovery by any person or
entity arising out of the failure of the City to perform the City's obligations pursuant to this
Agreement. City shall not be liable under this indemnification provision to the extent any
damage, loss, cost or expense results ftom the proportional negligence or willful misconduct of
Consultant.
10.
FORCE MAJEURE
Consultant shall not bear any liability or responsibility whatsoever to any other party for
any failure to perform or delay caused by fire, earthquake, explosion, flood, hurricane, tornadoes,
acts of God or the public enemy, restrictions, limitations or interference of governmental
authorities or agents, war, invasion, insurrection, rebellion, riots, strikes, inability to obtain
4
necessary materials, goods, services, utilities, or any other cause whether similar to the foregoing
which is beyond the reasonable control of Consultant and any such failure or delay due to said
causes. However, based upon such inability of Consultant to perform its duties, as identified in
this Agreement, City shall not be obligated to pay for its services not performed due to a force
majeure and shall be refunded any payments for the time period which Consultant does not
perform its obligations as defined in this Agreement.
11. CONFLICT OF INTEREST CLAUSE
Consultant covenants that it presently has no interests and shall not have interests, direct
or indirect, which would conflict in any manner with performance of services specified under
this Agreement.
12.
NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this
Agreement shall be in writing and shall be deemed to be properly given if delivered in person or
mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other
telegraphic communication in the manner provided in this Section, to the following persons:
To City:
Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
telefacsimile (714) 647-6956
With courtesy copies to:
Chief of Po lice
City of Santa Ana
60 Civic Center Plaza (M-97)
P.O. Box 1981
Santa Ana, California 92702
To Consultant:
Appriss, Inc.
332 West Broadway, Suite 1300
Louisville, KY 40202
Attn: Jefftey S. Byal, CEO
A party may change its address by giving notice in writing to the other party. Thereafter,
any notice, tender, demand, delivery, or other cornmunication shall be addressed and transmitted
to the new address. If sent by mail, any notice, tender, demand, delivery, or other
communication shall be effective or deemed to have been given three (3) days after it has been
deposited in the United States mail, duly registered or certified, with postage prepaid, and
5
addressed as set forth above. If sent by telefacsimile, any notice, tender, demand, delivery, or
other communication shall be effective or deemed to have been given twenty-four (24) hours
after the time set forth on the transmission report issued by the transmitting facsimile machine,
addressed as set forth above. For purposes of calculating these time ftames, weekends, federal,
state, County or City holidays shall be excluded.
13.
EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and
Consultant, and supersedes any and all other agreements, oral or written, between the parties. In
the event of a conflict between the terms ofthis Agreement and any attachments hereto, the
terms of this Agreement shall prevail. This Agreement may not be modified except by written
instrument signed by the City and by an authorized representative of Consultant. The parties
agree that any terms or conditions of any purchase order or other instrument that are inconsistent
with, or in addition to, that terms and conditions hereof, shall not bind or obligate Consultant nor
the City. Each party to this Agreement acknowledges that no representations, inducements,
promises or agreements, orally or otherwise, have been made by any party, or anyone acting on
behalf of any party, which are not embodied herein.
14.
ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Consultant,
Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior
written consent of the City and any such assignment, transfer, delegation or subcontract without
the City's prior written consent shall be considered null and void. Nothing in this Agreement
shall be construed to limit the City's ability to have any of the services which are the subject to
this Agreement performed by City personnel or by other consultants retained by City.
15.
TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of
termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant
compensation for all services performed by Consultant prior to receipt of such notice of termination,
subject to the following conditions:
a. As a condition of such payment, the Executive Director may require Consultant to deliver
to the City all work product completed as of such date, and in such case such work product shall be
the property of the City unless prohibited by law, and Consultant consents to the City's use thereof
for such purposes as the City deems appropriate.
b. Payment need not be made for work which fails to meet the standard of performance
specified in the Recitals of this Agreement.
16.
DISCRIMINATION
Consultant shall not discriminate because ofrace, color, creed, religion, sex, marital
status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited
by applicable law, in the recruitment, selection, training, utilization, promotion, termination or
6
other employment related activities. Consultant affirms that it is an equal opportunity employer
and shall comply with all applicable federal, state and local laws and regulations.
17.
JURISDICTION - VENUE
This Agreement and all questions relating to its validity, interpretation, performance, and
enforcement shall be governed and construed in accordance with the laws of the State of
California. This Agreement has been executed and delivered in the State of California and the
validity, interpretation, performance, and enforcement of any of the clauses of this Agreement
shall be determined and governed by the laws of the State of California. Both parties further
agree that Orange County, California, shall be the venue for any action or proceeding that may
be brought or arise out of, in connection with or by reason ofthis Agreement.
18.
PROFESSIONAL LICENSES
Consultant shall, throughout the term of this Agreement, maintain all necessary licenses,
permits, approvals, waivers, and exemptions necessary for the provision of the services
hereunder and required by the laws and regulations of the United States, the State of California,
the City of Santa Ana and all other governmental agencies. Consultant shall notify the City
immediately and in writing of her inability to obtain or maintain such permits, licenses,
approvals, waivers, and exemptions. Said inability shall be cause for termination of this
Agreement.
19.
MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature hereinbelow has the power,
authority and right to bind their respective parties to each of the terms of this Agreement, and shall
indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to
City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn.
b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set
forth in the body of this Agreement.
7
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year
first above written.
ATTEST:
CITY OF SANTA ANA
~~Úfl~
Iv--..,p- CIAE.HEALY
(/ Clerk of the Council
f4~
DAVID N. RE
City Manager
APPROVED AS TO FORM:
JOSEPH W. FLETCHER
City Attorney
By: ¿;;¡;t;- [. ~
Lisa E. Storck
Assistant City Attorney
RECOMMENDED FOR APPROVAL:
CONSULTANT
Paul M. Walters
Chief of Police
tkfi Jj!~
(,.~~
TITLE:
Tax ID#
President. Appriss
611371324
8
prlss'
Provider of the
1\1
Service
VINE@ Program Proposal
for
City of Santa Ana
Date: January 1, 2001
~'fh'lbì\ A
@
City of Santa Ana, CA. VINE Program Proposal
Table of Contents
EXECUTIVE SUMMARY .................................................................................................................................5
2
COMPANY BACKGROUND ............................................................................................................................9
3
SYSTEM OVERVIEW .....................................................................................................................................11
4
HOW THE VINE SYSTEM WORKS ................................................."..........................................................13
4.\ INFORMATION PROVIDED DURING THE VINE TOLL-FREE LINE CALL ........ .......\3
4.1.1 Release Transfer Incoming Calls from the Public.. .......13
4.2 NOTIFICATION REGISTRATION ......................................................................................................................\4
4.3 INFORMATION PROVIDED DURING NOTIFICATION ..................... ..............................................................\4
4.3.2 Release/Transfer Notification Information.. .....14
4.4 NOTIFICATION METHODS........... ........................................................................................................\6
4.4.1 Phone Notification.. ..16
4.4.2 Letter Notification........... .............17
4.5 RETENTION OF INFORMATION.. .............................................................................. .............\7
4.5.1 Release/Transfer Notification InformoJion.. ..17
4.5.5 Victim Registration Information....................... ...17
4.6 SCRIPTCUSTOMIZATIONS............................................ .............................. ...................... ..........\7
4.7 VINE INTERACTIVE PAGE 2000 (VIP2000).. .............................................................................................\8
4.8 EMERGENCY OVERRIDE LINE...................... ................. ....................................................... .................\9
4.9 DATA COMMUNICATION WITH AGENCY'S SYSTEM........................................................................... ...........\9
4.9.1 Offender Data.. ..21
4.9.2 Victim Data..... ..21
4.9.3 Data Transfer.. ..22
4.9.4 Initial File... ...25
4.9.5 Victim File... ...25
5
PROJECT MANAGEMENT PROCESS ........................................................................................................27
5.\ ApPRISS IMPLEMENTATION TEAM ............. ..................................... .......................... ............27
5.2 CUSTOMER'S IMPLEMENTATION TEAM ........................................................................................................28
5.3 COMMUNICATION, STATUS REVIEW, AND REpORTING .................................................. ...................29
5.4 COMMUNICATION AND INTER-COMPANY(S) COORDINATION.......................................... .............29
5.5 PROJECT FLOW............................................ ........................... ....................... .....................................30
5.5.1 Discovery Phase.. ..30
5.5.2 Design Phase............................................ ..31
5.5.3 Prototype Development / Configuration. .. 32
5.5.4 Functional Test............. ..32
5.5.5 Production Test Phase.. ..33
5.5.6 Implementation Phase.............. .. 33
5.5.7 Steady State Operation Phase...... .. 33
5.5.8 Project Flow Phase Conditions... .. 34
DESCRIPTION OF SERVICES ......................................................................................................................36
6
6.\ PUBLIC AWARENESS AND COMMUNITY EDUCATION (P.A.c.E.) DEPARTMENT ASSISTANCE .....
6.1.1 Promotional Material Development...............
6.1.2 Introducing VINE to the Media and Public .....
6.1.3 Program Training - "Training the Trainers"..
6.2 SERVICE OPERATION.. .........................................
..................36
..36
..36
..37
..37
Li
All information contained in this proposal (Yer. 6.3) is the
confidential and proprietary property of Appriss. Inc.
Page 2
01/01/2001
Proposal # 100901228-01
. @
City of Santa Ana, CA. VINE Program Proposal
6.4
ADDITIONAL LANGUAGES OPTION.......... ...................
......................................37
7
DESCRIPTION OF SERVICE FEES .............................................................................................................39
7.1 PROGRAM STARTUP .....................................................................................................................................39
7.2 SYSTEM SUPPORT FEE............................................. ................. .................................................39
7.2.1 Release ¡Transfer Notification "."""""""'....""".""". ...40
7.3 SERVICE PRICING SUMMARY..................................... ................................................................... ...41
7.3.1 Program Startup Fees.............. .. 41
7.3.2 AnnualSystemSupportFees.. ..41
TERMS & CONDITIONS................................................................................................................................44
8.1 PROJECT ACCEPTANCE AT EACH PHASE... """'."""""'."""""""""""""""'." ............................. .........44
8.2 VINE GATEWAY MACHINE USE. """"""""""""""""""""""""'.'.""""""""""""'"....... .........45
8
All information contained in this proposal (Ver. 6.3) is the
confidential and proprietary property of Appriss, Inc.
Page 3
01/01/2001
Proposal # 100901228-01
liIIIIi
City of Santa Ana, CA. VINE@ Program Proposal
prmss
Provider of the
Service
Executive Summary
All information contained in this proposal (Ver. 6.3) is the
confidential and proprietary property of Appriss, Inc.
Page 4
01/01/2001
Proposal # 100901228-01
. @
City of Santa Ana, CA. VINE Program Proposal
1
Executive Summary
This proposal details Appriss, Inc.'s offer to provide an Automated Victim Access Notification
System for City of Santa Ana Police Department, CA.
Appriss, Inc. was founded with the mission to become the nations leading provider of automated
victim notification services. The company successfully developed a computerized system for
keeping crime victims informed about their attacker. This unique program was implemented in
Jefferson County, KY in December of 1994 and is known as Victim Information and
Notification Everyday, or VINE@. In its simplest terms, VINE allows crime victims to contact an
automated computer hotline 24 hours a day to receive information about the status of an offender
and/or case. By registering a telephone number with the system, a victim will be called
immediately if the offender was released or transferred.
In early 1995, Appriss created an automated victim notification communications center in its
headquarters and by late 1995 began connecting communities into the communications center to
deliver the VINE service on a national basis. This communications center design has been issued
a US Patent Number 5,861,810 that includes 38 claims to automated victim notification
technology.
In 1996, communities in New Jersey, Texas, California, Florida and Michigan began using the
VINE service and in April of 1996 a statewide contract was awarded to install the program for all
120 Kentucky Counties. The program is now in 35 states and covers over 750 communities
nationwide. Sixteen State Departments of Corrections have contracted to use the service for their
prison systems. Major cities, including New York, Los Angeles, Miami, Detroit, San Francisco,
Charlotte, Oakland, Denver and Atlanta have contracted with Appriss to provide this service. In
July 2000, the United States Department of Justice selected the VINE service to provide
automated victim notification for the Federal Bureau of Investigation, United States Attorney's
Offices, and the Federal Bureau of Prisons. In addition, hundreds of smaller communities are
using VINE making Appriss the largest national provider of Automated Victim Notification
Services.
For this project, Appriss will provide the Automated Victim Notification Service by using our
existing national communications center located in Louisville, Kentucky. Appriss will assign a
project management team to create an interface with the county computer system used by the
contracting agency. This technical team will design scripts, develop the required interface
hardware and consult with the customer's design team to recommend program features that
maximize service to the victim.
As this interface is created, an account promotion team will also be assigned to the project. This
team will focus on developing and launching a marketing, training, and public relations
campaign for the Victim Notification Service. They will also provide a professional quality
video geared toward law enforcement and victim service providers in the community. The video
All Information contained in this proposal (Yer. 6.3) is the
confidential and proprietary property of Appriss, Inc.
Page 5
01/01/2001
Proposal # 100901228-01
City of Santa Ana, CA. VINE@ Program Proposal
gives an overview of VINE and basic instructions on how to use the service. Training seminars
will be provided to various law enforcement and victim service agencies.
Once operational, inbound and outbound services will be delivered through our national
communications center on a 24-hour per day, seven-day per week basis. This includes a
monitoring service designed to detect any system failure that might interrupt either service. This
monitoring service is performed every 15 minutes, 24 hours per day. Any problem that is
detected will receive a prompt response ftom our engineering team to ensure that no victim
notifications are missed. The Appriss Communications Center has operated since 1995 with a
high degree of success and virtually no downtime.
VINE services are backed by 100% technical support. Included in the operational support
contract are hardware and software support, script enhancements, 24-hour support hotlines and
all operational costs of the service including telecommunication circuits.
The Appriss team looks forward to providing a proven victim notification service to the citizens
of City of Santa Ana.
All information contained in this proposal (Ver. 6.3) is the
confidential and proprietary property of Appriss, Inc.
Page 6
01/01/2001
Proposal # 100901228-01
. @
City of Santa Ana, CA. VINE Program Proposal
Service Summary
The following outlines the summary of the services purchased:
Program Startup Fees
Features
Total
Total Startup Fee (One-time)
(No Startup Fee. This proposal for
annual renewal only)
$0
Annual System Support Fees
Features
Release/Transfer Notification
Total
$ 7,800
Total Annual Fee*
$ 7,800
* Deviations from the Standard Calling Pattern may result in higher System Support Fees.
NOTE: Price will be validfor 90 days following the date of January 1,2001.
Allin/ormation contained In this proposal (Yer. 6.3) Is the
confidential and proprietary property 0/ Apprlss, Inc.
Page 7
01/01/2001
Proposal # 100901228"( 1
@
City of Santa Ana, CA. VINE Program Proposal
prESS.
Provider of the
Service
Company Background
All information contained in this proposal (Ver. 6.3) is the
confidential and proprietary property of Appriss, Inc.
Page 8
01/01/2001
Proposal # 100901228-01
. @
City of Santa Ana, CA. VINE Program Proposal
2
Company Background
Appriss, Inc. was incorporated in 1995 with its headquarters in Louisville, Kentucky. The
company was formed to develop and provide automated Victim Notification services. These
services provide victims of crime information and notification about their attacker. Appriss's
mission is: To be the leading provider of automated victim notification services to the
criminal justice community.
Our primary product is called VINE, which stands for Victim Information and Notification
Everyday. It was first developed for the Jefferson County Corrections Department in
Louisville, Kentucky. From this breakthrough in technology, Appriss pioneered a new
approach to notify victims of violent crimes when their attackers are released ftom custody.
Today the VINE program is in 35 states covering more than 750 communities. It has proven
to be a positive outreach to all types of crime victims.
All information contained in this proposal (Ver. 6.3) is the
confidential and proprietary property of Appriss. Inc.
Page 9
01/01/2001
Proposal # 100901228-01
@
City of Santa Ana, CA. VINE Program Proposal
prlMSS
Provider of the
11',1
Service
System Overview
All information contained In this proposal (Yer. 6.3) is the
confidential and proprietary property of Appriss, Inc.
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3
System Overview
This section explains how Appriss will provide an Automated Victim Notification Service for
the customer through its national communications center located in Louisville, Kentucky.
The VINE program will be integrated into the customer's computer system. The customer's
staff will continue to use the existing software and procedures for processing offender
information. Below is a brief description ofthe VINE service.
VINE is a service that provides incoming and outgoing call services for crime victims within a
specific state, county, or city. Victims of crime will call a toll-ftee number to receive basic
information about an offender held in custody and/or court case. If a victim registers, VINE
will monitor the offender and/or case status and automatically begin making notification
attempts to the victim when his/her attacker is released ftom custody or court event changes.
The customer will be provided access to the VIP2000 (VINE Interactive Page 2000) Internet
site that allows the customer to register certain victims for notification. This site also provides
audit reports on all notification calls that the system processes. Every contact to a victim is
logged to provide assurance of the systems performance.
Appriss provides these services by linking the customer's computer into the automated
Appriss Communications Center in Louisville. In addition to providing the automated
services and support, Appriss prepares and assists the customer with a complete training,
promotion, and public relations campaign designed to ensure that the program effectively
reaches crime victims within the community.
All Information contained in this proposal (Ver. 6.3) is the
confidential and proprietary property of Appriss, Inc.
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pr~~ss
Provider of the
1\1 E
Service
How VINE Works
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4
How the VINE System Works
VINE services have been designed to provide the victims of crime, victim advocates, law
enforcement agencies and the general public with the latest information about offenders
and/or cases allowing them to protect themselves upon a change in custody and/or case status.
VINE accomplishes this objective by allowing victims and the general public to call a VINE
toll-ftee number and obtain custody status or case information for an offender, and then
register themselves for notification upon the change of offender custody status or the court
appearance events.
4.1
Information Provided during the VINE Toll-Free Line Call
Anyone in the public will be able to call the VINE system and search for an offender using
the search options provided.
4.1.1 Release Transfer Incoming Callsfrom the Public
Once an offender or case is located, the caller will be given the following information
about the offender (depending upon the type of system implemented and information
available).
.
Custody Status of the Offender
,,/ Arrest Pending
,,/ Supervised Custody
,,/ Unsupervised Custody
,,/ Transferred to Another Agency
,,/ Released From Custody
Location ofthe Offender
A location table will be defined by the customer showing all possible locations and an
appropriate status message for each
Sentence Expiration Date (if available)
Up to 90 seconds of useful messages providing direction to other victim service
agencies within the communities.
Next Upcoming Court Date (if available ftomjail interface)
Type of Court Event (if available ftom jail interface)
Location and Time of Court Event (if available ftomjail interface)
Bail Amount (for Pre-sentenced Offenders)
Charges Pending (up to 10 charge types per offender categorized into a maximum of
200 charge types overall - the customer is responsible for categorizing charges into
200 or less charge types)
.
.
.
.
.
.
.
.
.
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Callers will be allowed to search for multiple offenders during each call. The caller will
also be asked if they would like to register for notification. Ifthey request notification, the
registration telephone number and PIN code will be accepted ftom the caller.
4.2
Notification Registration
When the public calls the VINE toll-ftee number, they will be able to search for an
offender using a customer defined search option. After providing the offender information
to the callers, they are asked if they would like to register for notification. This method is
referred to as anonymous notification registration. Victims may also be registered
manually by the customer via the VIP2000 (VINE Interactive Page 2000) Internet site or
through the customer's system interface to VINE, or through the VINE operator, when
that option is available.
In addition to anonymous notification registration ftom the victim's personal telephone,
Appriss highly recommends that customers manually register victims, especially in cases
requiring mandatory notification. Customer registration of victims will improve service
provided to victims and increase the number of notification calls made by the system.
4.3
Information Provided during Notification
Depending on the operational policies, the customer has the option of selecting one or
many of the notification reasons that are supported by the VINE System. The following
notifications are optional within the VINE system.
4.3.1 ReleaselTransfer Notification Information
The VINE system will interface with the customers system every 15 minutes (twice daily
with Department of Corrections systems) to receive offender data. When this notification
type is selected, the following options are available:
.
Change of Custody Notification: This notification would only occur if the custody
status of an offender changes or the offender were transferred to another jurisdiction.
Out of Custody Notification: VINE will notify victims when an offender is no longer
physically in the custody of the agency. The reasons for out of custody may include:
,/ Release: including general release, pardon, bailed out.
,/ Escape: When an offender escapes ftom the custody of an agency.
,/ Death: When an offender deceased while in custody.
.
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.
Unsupervised Custody Notification: The customer may elect to notify the victims of
an offender when he is still under the custody of the agency, however he is physically
released ftom their holding facilities on the temporary basis. Some Unsupervised
Custody reasons may be:
,/' Home incarceration: The VINE system will automatically notify the registered
victims of an offender if he is put under home incarceration.
,/' Work furlough: The VINE system will automatically notify the victims of an
offender if he is put on the work furlough program.
Transfer Notification: The customer may elect to notify the victims of an offender
when he is still under their custody and he is physically transferred between different
holding facilities or jurisdictions. For transfer notification, VINE recommends to
notify the victims of the offender 4-8 hours after the transfer takes place, to encourage
the safety of the officers during the transfer.
Give New Location: VINE can provide information about offender's new holding
facility, if it is provided to the VINE system during the transfer.
Move Victim Registration with Offender (Applies to statewide systems only): To
avoid victim's re-registration during transfers ftom one jurisdiction to another, VINE
is able to keep the victim information with the offender during the transfer. This
capability is only available when both agencies are participant in the VINE program
and use the same identification number, e.g. State Identification Number (SID) to track
offenders.
Returned to Supervised Custody: In order to provide reassurance to victims
regarding their safety, VINE is capable of notifying victims when an offender is re-
apprehended after his release or escape ftom the custody of the agency.
Advanced Notification: This option would allow victims to be notified 7-14 days in
advance prior to the physical release of an offender. This type of notification is
usually used when VINE receives information such as sentence expiration, general
release, or parole. VINE will initiate an additional notification to the victims of the
offender at the time of his physically release ftom custody.
Unconfirmed Contact Notification to Agency: To assure the safety of the victims,
VINE is capable of notifying the agency or releasing facility if VINE is unable to
contact the victims of an offender. Please note that when an agency is notified, only
the phone number of the victim will be stated. The agency will be responsible for
cross-referencing victims' phone numbers and their contact information.
.
.
.
.
.
.
.
notifications. Confirm Registration Notification is only possible if agency transferred
victim information to VINE at the time of registration.
All information contained in this proposal (Ver. 6.3) is the
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4.4
Notification Methods
The VINE system uses different communication mediums to notify the victims regarding
the change in the custody status of an offender or the new development in court and case
status.
4.4.1 Phone Notification
The most prominent method of victim notification is via the telephone. Depending on the
urgency of the event and whether the life of victims is in immediate danger, different types
of call patterns are used to notify the victims. The following describes the standard
notification calling patterns.
The VINE service provides two different notification calling patterns based upon the type
of notification. The "EMERGENCY" calling pattern begins immediately after the event is
detected. A failed connection occurs when a busy or no answer is received. All other calls
are considered valid connections.
When a failed connection occurs, the next call is made 30 minutes later. When a valid
connection occurs but a valid PIN is not entered, the next call is made 2 hours later. This
pattern continues until either a valid PIN is entered or a period of 24 hours expires.
The second calling pattern is "NON-EMERGENCY". Information notices in this category
do not represent an immediate safety issue. These calls will be restricted to 7:00am to
9:00pm (customer's local time). A failed connection occurs when a busy or no answer is
received. All other calls are considered valid connections.
When a failed connection occurs the next call is made 30 minutes later. When a valid
connection occurs but a valid PIN is not entered, the next call is made 2 hours later. This
pattern continues until either a valid PIN is entered or a period of 48 hours expires.
Calls are either considered a "FINAL" notification to the victim (i.e., transfer out of
jurisdiction or death) or "NOT FINAL" (i.e., court hearing notice, arrest, or advance
release notice). When notifying the victim of a "FINAL" notice of any type (i.e., release,
transfer out of jurisdiction), VINE will wam the victim that the call is final, and the victim
needs to register again for future notification should the offender be brought back to the
jail.
Calls will be made in the language the caller selects at registration. If the language is
unknown, VINE will repeat the greeting message and the language options in multiple
languages for the victim to select. Deviations ftom the standard calling patterns may result
in higher ongoing service fees.
All information contained in this proposal (Ver. 6.3) is the
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4.4.2 Letter Notification
VINE is capable of generating letters as alternative means of victim notification. The
letters will be generated by the agency through the VINE Interactive Program (VIP) and
will be printed the agency's letterhead to a local printer at the agency's location. The
agency will be responsible for putting the letters in the envelope and mail them to the
victims. Notification letters can be generated in two ways.
.
Letters as a backup to calls - Letters will be generated for each victim registered by the
customer only if the telephone notification is not confirmed.
Letters in addition to calls - Letters will be generated for each victim registered by the
customer in addition to notification calls made by the service.
.
4.5
Retention ofInformation
Appriss will retain the latest offender and case information for a certain period of time to
allow callers to the VINE line to obtain the final custody and case status of the offenders.
4.5.1 ReleaselTransfer Notification Information
Only offenders currently in custody, recently released/transferred, or released and there
are still cases open for them will be retained in the system. The customer will be able
to specify a period of time ftom immediately to 90 days after an offender is released
(default period is 14 days) after which an offender will no longer be located in the
service. An offender who has been transferred or released within this period of time
will still be located and an appropriate status message will be played (i.e. This offender
was in custody but has been recently transferred to. . .).
4.5.2
Victim Registration Information
Victim registration information will be kept in VINE until final notification of release
of all offenders for which that victim is registered.
4.6
Script Customizations
The customer will be allowed to customize the script used during the incoming call by
modifying the following sections ofthe script:
.
Initial greeting when the call is first answered
Search options presented (ftom the following list)
,¡' Offender number (customer will choose what this field is called in their system)
,¡' Case number (customer will choose what this field is called in their system)
,¡' Arrest number (customer will choose what this is called)
,¡' Social security number
.
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.¡' Offender name (first and last)
.¡' Incident number (customer will choose what this is called)
. Optional agency to refer the caller to when an offender is not located (agency name
and address and phone number)
Up to 90 seconds of static text providing general jail information (i.e. visitation information,
how to leave money for an offender) or up to 90 seconds of static information that will be
available to direct the victim to other victim services within the community
. Initial message for outgoing notification calls
. Custody status table - with messages regarding where the offender is being held
. Unsupervised status table - with messages regarding the types of unsupervised custody
. Transfer status table - with messages defining the agencies the offender was
transferred to
. Notification table - with messages defining all possible notification messages
. Release status table - with messages defining the reason for release
. Court event table - with messages defining the types of court events
. Court location table - with messages defining the court locations
. Court result table - with messages defining the court event result
. Charge table - with messages defining the grouping of charge codes
4.7
VINE Interactive Page 2000 (VIP2000)
The VINE Interactive Page 2000 (VIP2000) allows customers to perform the following
functions:
.
Obtain VINE usage reports
Print notification letters
Look-up offenders currently active in the VINE system
Register victims for notification
Look-up victims registered through VIP2000
.
.
.
.
Customers are issued a specific number of Site ID's and Passwords as part of the initial
startup fee. Additional Site ID's may be purchased upon request. The VIP2000 site has
security that allows a user to only access information associated with their agency.
Functions will be activated based upon specific users needs. User ID's will be issued with
the appropriate functionality assigned. The customer determines what functions are
assigned to each user. For example, a victim advocate may not be granted access to usage
reports if it is not their responsibility to monitor system usage.
VIP offers customers the following reports:
.
Notifications - Provides user with final outcome (confirmed or unconfirmed) of call
sequences for notification events
All Information contalnad in this proposal (Var. 6.3) is the
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4.8
4.9
.
Registrations - Provides a list of all telephone numbers registered against an offender
and/or case
Statistics - Provides statistical data about system usage
.
Customers providing letter notification will download letters ftom the VIP site. VIP also
allows users to lookup offender and/or case information contained in the system.
Additionally, users can modify existing victim information that was registered via VIP,
and register new victims for all notification types offered by the customer.
VIP is accessed via the Internet. Customers who do not have Internet access may connect
to the communications center via modem. Internet connectivity is the recommended
option for optimal system performance. Customers are responsible for an Internet service
provider and for paying the Internet fees. Customers wishing to connect via modem to
VIP should make this request during the system design phase of implementation.
Customers choosing this option will connect by modem via a toll-ftee number at no
charge, but will be automatically timed out by the system after a pre-specified time period.
A customer supplied PC and browser is required to access VIP over the Internet or via a
modem connection. Internet Explorer 5.0 (or a higher version) is the recommended
browser for accessing VIP.
Emergency Override Line
Each customer will have access to a special toll- ftee number for the purpose of manually
overriding certain VINE service functions. This line would be used if the booking system
is unavailable or some other service problem has occurred. The Emergency Override Line
will allow the customer to:
.
Enter a security ID code to identify the site
Enter a PIN to identify the caller
Book in an offender who should have been in custody and was recaptured
Release an offender who is leaving custody
Issue an escape notice
Cancel notification calls to a specific phone number
Block or un-block offender information ftom the service
.
.
.
.
.
.
Data Communication with Agency's System
Appriss will establish a VINE telephone number dedicated for the customer's use. Appriss
and the agency will also work together to develop an interface that would provide timely
offender and case information to be transmitted to the VINE call center for the purpose of
victim notification and community awareness program. VINE will provide and install a VINE
Gateway PC that collects the offender data ftom the agency's automated system, or the
agency's Information Systems staff will extract the necessary information, as described later,
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City of Santa Ana, CA. VINE@ Program Proposal
ftom the agency's automated system and send it to the VINE Gateway PC or directly to the
VINE Communication Center over the Internet. Once the data is transmitted to VINE, it will
be used to update offender and case information and make it available to the victims through
the toll-ftee number or used to notify the victims.
The customer will own the VINE Gateway PC that is placed at the customer's site. Appriss as
a part of the annual service fee will maintain this equipment for the duration of this contract.
Appriss will also be responsible for the telephone lines that are used to transmit the data to
Appriss Communication Center, callers dial into, notification calls are placed on, and for
troubleshooting of VINE Gateway. Appriss will provide the customer access to the offender
and case data transmitted to Appriss Communication Center via the Internet. The customer
will be responsible for the Internet connection to obtain access to the VINE Interactive Page
2000 (VIP2000) either by Internet or modem.
I -- Typical
~offi~INE Syste~NE
Interface
,"",
Em'¡ro=ont ~,d fi"
infoma"on ","'ng'
County "aff
...".w.VINE
...pn'" aod ,oo"nl.
notifl<anon p""'"
I_~
C--.,~,-~-
DA',Offi"
Appriss Communications Center
1 Victims are automatically
notified immediately during an
escape or other significant event
.
~¡ ,
Coli""
Inroal<&o'
CourtD.ta
-
There are many methods of creating the interface. The VINE engineers will work with the
agency to define the data formats and data elements that are necessary for notification. The
customer will provide the programming necessary to collect the offender data and send it to
the VINE Gateway/Interface PC and Appriss will develop the necessary software to collect
this information ftom the Gateway/Interface PC, and then transmit it back to the Appriss
Communications Center. In the later case the agency's qualified staff will be required to
assist in the development of the software interface by providing the necessary access to the
customer's computer system to collect the required data and place it in a transaction file. The
All Information contained in this proposal (Ver. 6.3) is the
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cost of changes or enhancements to the customer's automated system (either vendor supported
or in-house) to provide Appriss with the necessary data for the VINE interface will be the
responsibility of the customer.
The following are examples of information typically required for the VINE interface:
4.9.1
Offender Data
For the purpose of victim notification, Appriss requires the following offender
information.
. Unique Identifier Key
. Offender Name
. Date of Birth
. Case Number
. Arrest Number
. Social Security Number
. Race
. Location Code
. Custody Code
. Sentence Expiration Date
. Reason for Release
. Bail Amount
4.9.2
Victim Data
VINE requires the following victim information if customers or their associated agencies
will register the victims.
. Victim Name
. Offender's Unique Identifier Key
. Mailing Address
. Telephone Number
. PIN Code
These are only examples of the type of data elements required for the VINE interface.
Other data elements will be determined in the design phase based upon the types of
notifications to be made and information available. This wooosal assumes that the
customer's technical staff will orovide orof!ramminf! and testinf! assistance durinf! the
desif!n and develooment of the interface. There are several methods for collecting and
transferring the data to the Appriss Communications Center.
The method that will be used by the customer will be discussed in greater detail in the
initial meeting. Some options are listed below.
All information contained in this proposal (Ver. 6.3) is the
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.
Transfer of Transaction File - The customer makes changes to their booking system to
collect a transaction file, and this file is downloaded to the VINE Interface PC. The
file will then be forwarded by the Interface to the Appriss Communications Center.
Transfer of Current Reports/Database - Ifthere are existing reports or queries to collect
the necessary data, such as a report showing active offenders, these may be run and
sent to a file. This file is then transferred to the VINE Interface PC. Once there, the
information would be processed to extract the changes and only the changes would be
sent to the Appriss Communications Center.
Screen Scrape - This is similar to the option above. If the data exists and can not be
sent to a file, then the report can be run and sent to the screen. Appriss will write a
program to scrape this report ftom the screen to a file on the VINE Interface PC. Any
changes would then be sent to the Appriss Communications Center.
.
.
4.9.3 Data Transfer
The following is an example of the requirements for a typical jail interface. Interfaces to
other criminal justice agencies are similar with the requirements of the notification types
being provided addressed.
Every 15 minutes, the VINE Gateway PC will initiate a task to collect a transaction file
that is created and written to by the jail management software. This file should contain
transactions that have occurred since the last time the file was collected. These
transactions will include new offenders who are booked in, offenders who are released or
transferred, as well as offenders who have had their basic information updated for some
other reason. The VINE Gateway PC will remove the transaction file after it has been
picked up so the jail management software will need to re-create the file if it does not
exist. This document shows the two preferred methods for having this information passed
to the VINE transaction file. It should be noted that there are a number of other suitable
solutions that mav be easier on the jail manaf!ement software suTJTJlier and these can be
discussed on an individual basis.
Method 1
The first method involves the jail management software writing a single record out to a
flat ASCII file each time an offender record is updated. Note that while the length of
fields is not important, this record would include the following offender information:
FIELD NAME DESCRII'TION
Record Type This field will contain an identifier for inmate records, e.g. "f'
Offender Number Unique number given to offender as he is booked
Offender Name Will be broken down into First, Last, Middle
Social Security #
Date of Birth
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Gender
Race
Offender Custodv Status Field Describinl! Custodv Status - See Below for further description
Juvenile Flag This flag is set ifthe offender is a juvenile (if available)
Date of Arrest If available
Date of Incident If available
Sentence Exniration Date The date the offender's sentence is expiring (if available)
Scheduled Release Date The date the offender is expected to be released (if available)
Parole Elil!ibilitv Date The date the offender is eligible for Parole (if available)
Date Date the record is written to the transaction file for VINE
Time Time the record is written to the transaction file for VINE
The Offender Custody Status field will tell the VINE program the current status of the
offender. It should be filled in using a table that describes the possible custody status of
the offender. There are four possible custody states supported by VINE.
In Custody - The offender is in the agency's custody at one or more possible locations
Out of Custody - The offender is released for a number of reasons, or has died
Unsupervised Custody - The offender is in a home incarceration, work release or some
other program where they are not under full supervision
Transferred - The offender is no longer in the agencies custody but is now in some other
agencies custody
The following table illustrates how the Custody Status field in the transaction file will be
used to determine one of these four supported custody states.
VINE Status What VINE will interpret
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Note that these are iust samples. The Custody Status field would simply be a table of coded
values for that site. VINE will need the possible values and the meanings of each value
provided. The Custodv Status field cannot contain free-formed text that does not confirm
to a table of known values.
Method 2
This method involves the jail management software writing three different types of transaction
records. These records are written when an offender is BOOKED, RELEASED, or
TRANSFERED. Like in Method 1, these records are all written to a single ASCII file that
will be picked up by the VINE Gateway PC every 15 minutes. The information needed in
each record type is shown below.
Booking Record
FIELD NAME DESCRIPTION
Record Type This field will contain an identifier for Inmate information e.g. "I"
Offender Number Unique number given to offender as he is booked
Offender Name Will be broken down into First, Last, Middle
Social Security #
Date of Birth
Gender
Race
Custodv Location Which housing location the offender is in
Date of Arrest If available
Date of Incident If available
Sentence Expiration Date If available
Date Date the record is written to the transaction file for VINE
Time Time the record is written to the transaction file for VINE
Release Record
FIELD NAME DESCRIPTION
Offender Number
Reason
Date
Time
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Transfer Record
FIELD NAME DESCRIPTION
Offender Number
Transfer to Location
Date
Time
4.9.4 Initial File
Both of these methods require that an initial file of offenders be created so the VINE system
will have a starting point for the program. This initial file will need to be re-created ftom time
to time as a validity check. For method one, an initial file will simply contain a record for all
offenders currently in custody. For method two, an initial file will generate a Booking record
type for each offender in custody.
4.9.5
Victim File
The remaining file that is beneficial to get, is a list of victims, which are entered by the jail
during the booking process. Many jail information systems include screens for entering
victim information during the booking process. This victim record will be written to the same
ASCII file as the inmate record.
FIEJ.[) DESCRIPTION
NAME
Record Type This field will contain an identifier for Victim information, e.g. "V".
Offender Of the offender the victim is associated with
Number
Victim Name Will be broken down into First, Last, Middle
Address
City
State
Zip Code
Telephone 1 First Telephone number to call including area code
Telephone 2 Second Telephone number to call including area code
Gender
Language Coded field indicating the language they wish to be notified in
PIN Code The four digit numeric PIN code they selected to use with VINE (Optional)
Date Date the record is written to the transaction file for VINE
Time Time the record is written to the transaction file for VINE
All Information containad in this proposal (Var. 6.3) is tha
confidential and proprietary property of Appriss, Inc.
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prigs'
Provider of the
Service
Project Management
Process
All information contained in this proposal (Ver. 6.3) is the
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5
Project Management Process
Upon execution of the Appriss Service Agreement, Appriss and the customer agree to each
assign a single point of contact for the purposes of representing their interests and obligations.
Appriss will assign a project implementation team to assist in the development and
introduction of the VINE service.
5.1
Appriss Implementation Team
The Appriss Implementation team will consist of the following members:
Account Manager: Acts as the primary account contact for any issues relating to the contract
or service proposal.
Project Manager: Coordinates and manages the overall implementation of the service and
communicates the project status to customer's Project Manager. The Appriss Project
Manager will coordinate an initial meeting with the customer's internal Project Manager.
The Appriss Project Manager will be the principle point of contact for customer and will be
responsible for managing the delivery, measurements and evaluation of all services provided
under this Agreement. The Appriss Project Manager will establish an Appriss Project Plan to
provide business, technical, and functional expertise as required.
Working with the customer's designated contacts, the Appriss Project Manager will plan and
manage project activities. Upon completion of the Production Implementation Phase, the
Appriss Project Manager will identify, assign, and transition support responsibilities to an
Appriss Operations Manager who will be responsible for the Steady State Operations Support
Phase of the contract.
The Appriss Project Manager's responsibilities include, but are not limited to:
.
Customer relations with the agency,
Managing the Change Management and Issue Resolution Processes,
Planning and managing approved projects, program/project staff, and other Appriss
resources required,
Updating the Project Plan and approving all changes for Appriss,
Managing Appriss resources to meet agreed-upon project schedules,
Acting as the focal point for the joint communications process,
Reviewing and approving schedules, plans, and any requested changes or modifications
thereto, and
Representing or arranging representation by Appriss during meetings, reviews, issue
resolution, escalation, scope change approvals, and acceptance testing.
.
.
.
.
.
.
All Information contained In this proposal (Ver. 6.3) is the
confidential and proprietary property of Apprlss, Inc.
Page 27
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. @
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Project Engineer: Works with the Appriss Project Manager and with the customer's
Information Technology specialists, network engineers and Project Managers to fulfill the
technical implementation of the project and acts as the customer's point of contact for all
technical issues.
PACE Specialist: Assists with the development of promotional materials such as the VINE
brochure, posters, television and radio Public Service Announcements (PSA's) and works
with the customer to coordinate training programs, media coverage, and press announcements
5.2
Customer's Implementation Team
When the contract is executed, a customer representative must be named in the contract as the
point of contact or customers Project Manager. The Appriss team will work with the
customer's Project Manager to introduce the services described in this proposal. It is
recommended that the customer's Project Manager assemble a team that includes an
individual familiar with that agency's automated system, an individual ftom the agency's
technical division, and a victim advocate.
The responsibilities of the customer's Project Manager and their team will be the following:
.
Accepting or rejecting deliverables
Reviewing status reports
Approving changes to this agreement
Assuming responsibility for approving the Design, Prototype, Testing, and
Implementation Plans
Sourcing and managing/coordinating all customer personnel or other resources required to
support the program
Providing pertinent information and documentation as requested to support the system
design and delivery
Providing access to and/or facilitate communication with any other customer vendors
during all phases of the project and assuring that they support any required migration of
their services to the Appriss-managed environment
Assuring reasonable cooperation ftom vendors during Discovery, Design, Prototype,
Testing, and Implementation Phases to support any required interface or data transfer
activity
Providing access to, and cooperation ftom, the customer's Operations Units when
interaction is required with them to complete the Discovery Phase process
Reviewing and approving requested schedule changes or modifications
Reviewing and escalating requested schedule changes
Representing the customer during meetings, reviews, issue resolution, escalation, scope
change approvals, and acceptance testing
Providing technical requirements and operational procedures, where available
.
.
.
.
.
.
.
.
.
.
.
All information contained In this proposal (Ver. 6.3) Is the
confidential and proprietary property of Apprlss, Inc.
Page 28
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City of Santa Ana, CA. VINE Program Proposal
.
Providing information about the agency's automated system and how it functions on a
daily basis
Providing information required to build system tables
Review and verify the correctness of data elements that are transmitted to VINE
Coordinate and assist with the installation of the VINE Gateway machine at the customer
site, including its connection to the customer's network for correct implementation of the
VINE service
Arrange for the operational support of the VINE Gateway machine during the Steady State
Operational Phase
Provide information about services available to the victims in the customer's jurisdiction
Provide assistance with the development of all promotional materials
Review, approve, and distribute promotional materials to interested parties
.
.
.
.
.
.
.
5.3
Communication, Status Review, and Reporting
Joint communication and Status Review conference calls will be held on a regular basis to
address project issues. If issues arise, and the Customer and Appriss Project Managers agree,
these meetings should be held as needed. The Customer and Appriss' Project Manager, and
additional parties as required will attend these conference calls. The meeting agenda includes,
but is not limited to:
.
Review of project status,
Review customer satisfaction,
Review of outstanding Change Management Process
Creation of action item list, assignments, and status, and
Discussion of upcoming Project events and schedules.
.
.
.
.
The Appriss Project Manager shall provide the customer's Project Manager with written
status reports. Specific status reports will be provided to the customer monthly until the
environment has reached production. Where feasible, the reports will be provided
electronically. The report at a minimwn, will include:
.
Performance status since the previous report,
Milestone and schedule status updates including any proposed revisions,
Identification of issues and concerns,
Action item list, assignments, status, and
Plans during the next reporting period.
.
.
.
.
5.4
Communication and Inter-company(s) Coordination
This section describes how the project team and those with a need to know will be kept
informed of project activities. The communication plan should include a distribution list.
All Information contained in this proposal (Ver. 6.3) is the
confidential and proprietary property of Appriss, Inc.
Page 29
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This section also describes any inter-company customer, Appriss, and third party
vendors/consultants coordination issues identified by the project team. This section should
either contain or identify the storage locations ofthe:
. Communication plan
. Inter-company(s) coordination checklist
. Commitment review form
. How inter-company(s) requirements will be tracked and verified
. What the procedures are to track inter-company(s) commitments and schedule progress
. How the project milestones and deliverables ftom other groups will be tracked to the
project plan
5.5
Project Flow
The following depicts the flow for VINE implementation process:
~""""-"""""1IÞ1
[~........~........._.i
""""""""",
... ..... . . .....
STEADY STATE
OPERATIONS
5.5.1 Discovery Phase
Appriss will research the requirements to effectively implement the VINE Services for the
customer. The Appriss Project Manager will coordinate with customer's Project Manager the
All information contained In this proposal (Yer. 6.3) Is the
confidential and proprietary property of Apprlss, Inc.
Page 30
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Proposal # 100901228-01
City of Santa Ana, CA. VINE@ Program Proposal
participation of the customer's information systems contact, public relations contact and any
other key parties for the project meeting. At this meeting the team will discuss how VINE
works technically and discuss the flow of the incoming and outgoing calls, system features,
and a preliminary project plan showing the responsibilities of the customer and Appriss.
Appriss will work with the customer's Project Manager to refine all preliminary
documentation to a VINE functional specification document which will provide all of the
technical details for the system interface, the messages for incoming and outgoing calls, and a
project schedule. This customer specification should be completed 30 days after the initial
meeting.
The following are the tasks that will be accomplished during the discovery phase:
.
Project Initiation by Appriss
Review of VINE Features and Options to be implemented
Define greeting, good-bye, notification messages and notification letters
Define data elements and record formats that are required by VINE to accomplish the
purchased service
Verify and validate all customer data elements
Define the VINE interface requirements and outline the scope of work for agency's
technical contact, third party vendors and Appriss
Review connectivity issues and install VINE Gateway at the customer site, when
applicable
Develop the first draft ofthe VINE Functional Design Document
Development of the draft promotional and PACE material
Devise the tentative project schedule for the delivery ofthe project
.
.
.
.
.
.
.
.
.
5.5.2 Design Phase
Utilizing the data collected during the Discovery Phase and previous documentation received
ftom the customer, Appriss will develop an overall final Functional Design Document. This
document will contain components for data exchange, business logic processing and end-user
communication activities.
This document will reflect the functional description of the system that were discussed and
agreed upon by the customer and Appriss during the Discovery Phase, and the activities, at a
high level, needed to reach a production ready environment. The document will also identify
essential changes, if any, to the customer or third party systems or processes, which must be
completed before prototype design may begin. A Change Management Process will then be
used to approve deviations ftom this document. The following activities will be accomplished
during the design phase.
Each Design Phase will follow a standard process specifying timelines, benchmarks and tasks
in a high-level Project Plan. Schedules will be established for:
All information contained in this proposal (Ver. 6.3) is the
confidential and proprietary property of Apprlss, Inc.
Page 31
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City of Santa Ana, CA. VINE Program Proposal
.
Customer verification of interface data layout and starting of the interface development
Finalizing the VINE Functional Design Document
Approval of Final Functional Design Document and PACE material
Development of interface program by agency and creation of test data
.
.
.
Individual design components (e.g., interfaces, business processing logic, and end-user
communication device protocols) and their associated Project Schedule information are likely
to be completed at different times. By prototyping components as they reach completion,
Prototype Phase activities can commence independently for any accepted and approved design
component. The Appriss Project Manager will be responsible for updating the overall Project
Schedule with firm dates and identifying overall task interdependencies.
5.5.3 Prototype Development / Configuration
The final Functional Design Document will be used as the basis for creating a complete
service with supporting processes that demonstrate the desired functionality of the VINE
System.
The complete end-to-end service model will be developed on the test platform at Appriss
facilities in Louisville, Kentucky. Interfaces with the customer's system or its partners will be
functioning in a fashion that fully demonstrates the required functionality of the VINE service.
The following activities will be accomplished during the design phase.
.
Programming and configuration of VINE as per final Functional Design Document.
Customer verification of VINE Script.
Availability of production data ftom the customer's automated system through the
interface and its transmission to VINE Communication Center.
Availability of the initial population file for populating VINE databases and its
transmission to the VINE Communication Center.
Completion of VINE Quality Assurance program.
.
.
.
.
5.5.4 Functional Test
A complete end-to-end prototype will offer the customer opportunity to review, evaluate,
change and finally, approve functionality of the VINE service.
Using the prototype, assessment of effective and efficient transmission of appropriate data can
be performed as well as a review of end user functionality. This process is the responsibility
of the customer. Appropriate methods for testing the functionality of each will be agreed
upon during the Discovery Phase of the project. The following tasks will be accomplished
during this phase:
.
Verification of system functionality by the customer.
All information contained in this proposal (Yer. 6.3) is the
confidential and proprietary property of Appriss, Inc.
Page 32
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.
Availability ofthe approved and final VINE and PACE promotional material.
Generation and verification of each type of project's supported notification.
Verification of offender and case information on the VINE line.
.
.
5.5.5 Production Test Phase
During this phase, Appriss will move the project to the production environment. All features
of the project will be monitored and verified for full functionality as per final functional
design document. The following tasks will be accomplished during this phase:
.
Put VINE on-line and production testing of the service
Verify offender and case information in the production environment
VINE training
Media announcement
.
.
.
5.5.6 Implementation Phase
Production will be complete when the system is put on-line and its steady state functionality is
proven. During this period that usually last between two to four weeks, Appriss engineers
regularly monitor the data that is received by the Appriss Communication Center ftom the
VINE Gateway, to ensure the integrity of record layouts and correctness of the data. The
following tasks will be accomplished during the final implementation of the project:
.
Verify the integrity of the data received form customer's interface
Complete monitoring and documentation of the project for turn over to Appriss
Operations
Document and communicate all remaining open issues to be addressed by the customer, if
any
Turn over the project to Appriss Operations
Communicate to the customer the sources of data rejection and attempt to resolve them
with the help ofthe customer.
.
.
.
.
5.5.7 Steady State Operation Phase
The final Phase of Appriss' Methodology is Steady State Operations. Operations are the day
to day management of the environment implemented. Appriss will provide Operations
Support in accordance with the support agreement which may be subsequently amended in
accordance with the Change Management Process.
All Information contained In this proposal (Ver. 6.3) Is the
confidential and proprietary property of Apprlss, Inc.
Page 33
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City of Santa Ana, CA. VINE Program Proposal
5.5.8 Project Flow Phase Conditions
To ensure that the project flow moves in a timely manner to maintain the implementation
schedule agreed upon, the following conditions for the customer are crucial to the success of
the project:
.
Customer reviews all documentation and responds with any comments within the
designated timeftame (typically 5 days with the exception of Design Document review
which is 10 days)
Technical staff at sites participating in project provide assistance in creating and testing
interfaces and allow equipment installation on-site within requested timeftames
Any 3rd party system vendors involved with interface development provide assistance in
creating and testing interfaces within requested timeftames
After a system goes on-line, any cost associated with changes that are the direct result of a
customer modification to the system will be billable based on time and materials
Any change of scope after acceptance of the system design will be considered a change
order
All open items will be given to the customer's Project Manager for follow-up. If the
status does not change after the customer's Project Manager has been notified 3 times by
Appriss, any resulting schedule delay will be considered customer caused and not
impacted the agreed upon billing schedule
.
.
.
.
.
Failure to comply with the above stated conditions will result in a project timeline extension.
Delays that are the result of the customer and/or any 3rd party system vendors are not the fault
of Appriss, Inc. and will not delay the agreed upon billing schedule.
As a part of VINE implementation, Appriss may install a PC at the site, referred to as VINE
Gateway. The purpose of the VINE Gateway is to obtain offender information ftom the
customer site and transmit it to the Appriss Communication Center for the purpose of Victim
Notification. The VINE Gateway should not be used for any other purposes by the customer's
staff. Other usage of the PC by the customer beyond the indicated purpose may cause loss of
data or interfere with data collection. In such cases, customer will be responsible for any
anomaly in the data or the interruption in VINE service.
All information contained in this proposal (Yor. 6.3) is tho
confidential and proprietary property of Appriss, Inc.
Page 34
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Proposal # 100901228-01
City of Santa Ana, CA. VINE@ Program Proposal
pr~ssN,
Provider of the
Service
Description of Services
All infonnation contained in this proposal (Ver. 6.3) Is the
confidential and proprietary property of Appriss, Inc.
Page 35
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. @
City of Santa Ana, CA. VINE Program Proposal
6
Description Of Services
The following sections describe the services provided with the VINE system.
6.1
Public Awareness and Community Education (P.A.C.E.) Department Assistance
The P.A.C.E. Program Specialist assigned to this project will provide the following services:
6.1.1 Promotional Material Development
Appriss w¡'¡l create the following promotional materials used for long-term promotion of the
VINE service. Materials will be provided in the stated quantities on an annual basis.
Brochures, Tear-off Pads and Posters are provided in English and Spanish. Additional
quantities and languages can be purchased for a separately quoted fee.
.
6,000 Victim Brochures
500 Tear-off Pads (25 sheets per pad)
100 Service Promotion Posters
50 Training Kits (1 set of training videos per attending agency)
20 Media Kits
.
.
.
.
6.1.2 Introducing VINE to the Media and Public
Appriss will assist in introducing VINE to the public and the media through media releases
and conferences. This service includes creation and distribution of media advisories and
Public Service Announcements. Appriss will also assist in coordinating any needed media
conferences.
Support items for media assistance include:
.
Recommended press releases
Generation of a media distribution list
Press conference support, including
conference checklist
Representation at media conference
media kits, Q & A reference sheet and press
.
.
.
The P.A.C.E. Department will continue to maintain a relationship with the local media,
keeping them apprised of VINE success stories and any new VINE services available to the
community.
All information contained in this proposal (Ver. 6.3) is the
confidential and proprietary property of Appriss. Inc.
Page 36
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6.1.3 Program Training - "Training the Trainers"
Appriss staff will coordinate a VINE workshop for staff and related victim service providers
to assist in introducing the VINE program to your community. The workshop consists of
ftom one to four separate presentations to be completed within a one-day (8-hour) period. A
VINE educator will conduct the workshop. The intent ofthis training program will be to train
each agency so they will be able to continue training their staff in the future. Arrangements
for this training should be made at least two weeks in advance ofthe service being introduced.
Support materials, which are provided during this training, include:
. Training kit
. A complete lesson plan designed specially for your VINE program
. Examples of support and promotional materials, i.e. brochures, posters, etc.
6.2
Service Operation
After the system startup is complete, Appriss will provide VINE services on a 24 hour, 7-day
per week basis. The Appriss Communications Center is monitored continuously to ensure
that any interruption in service is detected and remedied immediately. Appriss maintains
redundant equipment in the Communications center so that interruptions in service are
minimized. Appriss maintains a highly trained and qualified staff to monitor and operate
communications center equipment. The customer is given a 24-hour, 7 days per week contact
number for the purpose of reporting problems that might be experienced. Appriss responds to
these problem reports within 2 hours of their receipt.
6.3
Additional Languages Option
The VINE service is available in the following additional languages. Languages are
categorized by price and fees apply to startup costs only. Languages not listed are assessed a
minimum startup fee of$lO,OOO (subject to review to determine feasibility).
Category 1 - $3500 Startup Fee - Spanish
Category 2 - $5000 Startup Fee - French, Vietnamese, Cantonese, Mandarin, Russian
Category 3 - $7500 Startup Fee - Tagolag, Creole
All Information contained In this proposal (Yer. 6.3) Is the
confidential and proprietary property of Apprlss, Inc.
Page 37
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Provider of the
Service
System Pricing
All information contained in this proposal (Ver. 6.3) is the
confidential and proprietary property of Appriss, Inc.
Page 38
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City of Santa Ana, CA. VINE Program Proposal
7
Description Of Service Fees
7.1 Program Startup
The VINE program requires a startup fee and an ongoing service fee. The startup fee
covers the following program expenses:
.
All equipment required for the interface
Development of custom interface software for the booking system
Installation and checkout of interface equipment
Startup costs for all telephone services
Project management
Script design, recording, translation and progranuning
Communications Center progranuning for all customer options
System testing
Development of a customized training program
Instructional video for arresting agencies and other victim service providers
Creation of public service announcements for television and radio
Development of promotional materials
On-site customer orientation program
Coordination of media announcements
Assistance with live press conference presentation
.
.
.
.
.
.
.
.
.
.
.
.
.
.
*NOTE: Costs associated with any required modifications to the customers system to pass
the required data to the VINE Interface PC are not included and are the responsibility of
the customer.
7.2
System Support Fee
A system support fee is used to cover the cost of providing the VINE services, monitoring the
system around the clock, maintaining all software and hardware, and support all system
progranuning changes. It covers the following ongoing support services.
.
Ongoing service operation 24 hours I day 7 days I week
Complete support of interface hardware and software
Monitoring of all system hardware and software every 15 minutes
24 hour troubleshooting support if system alarms are generated
Ongoing support of system script or normal progranuning changes
Ongoing public relations support for generating ongoing media updates
All incoming and outgoing telephone calls
Communications cost for transferring all system transactions every 15 minutes
.
.
.
.
.
.
.
All Information contained in this proposal (Ver. 6.3) is the
confidential and proprietary property of Apprlss, Inc.
Page 39
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City of Santa Ana, CA. VINE@ Program Proposal
7.2.1 Release I Transfer Notification
, :. ,
Call-in service Victims can call-in to retrieve information and register to
be notified.
Call-out service Victim will be notified if there is any change in
offender's custodv or status.
Custody status of the Offender Supervised Custody - lists all possible locations of the
offender and appropriate status message for each.
Unsupervised Custody - indicates all possible types of
unsupervised status (home incarceration, work release,
etc.) and appropriate status message for each.
Transferred to Another Agency - shows all possible
transfer location/reasons and appropriate status message
for each.
Release from Custody - gives all possible reasons for
release and appropriate status message for each.
Sentence ExDiration Date Lists current expiration date.
Parole Eligibility Date Indicates current parole eligibility date and/or next parole
review date.
Support Program Information Up to 90 seconds of static text providing general jail
information (visitation information, etc.) and 90 seconds
directing caller to other victim service agencies within
their communitY.
Bail Amount Provides bail information for me-sentenced offenders.
Charges Pending Summarizes all charge codes into a maximum of 10
charges per offender.
Call-in service Victims and witnesses can call-in to obtain information
on all possible court events and court event results (if
available in system)
Next upcoming court date (if Real time information for victim/witness to plan their
available ftomiail interface) schedule.
Type of court event (if available ftom Listing of all possible court events and court event
jail interface) results.
Location of court event (if available Indicates all possible court locations.
ftom iail interface)
All information eontainad in this proposal (Ver. 6.3) is the
confidential and proprietary property of Appriss, Inc.
Page 40
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Proposal # 100901228-01
City of Santa Ana, CA. VINE@ Program Proposal
~
1
7.3
Service Pricing Summary
The following outlines the summary of the services purchased:
7.3.1 Program Startup Fees
Features
Release/Transfer Notification
Total
Spanish Language
Total Startup Fee (One-time)
(No Start up Fee renewal Contract)
$0
7.3.2 Annual System Support Fees
Features
Release/Transfer Notification
Total
$ 7,800
Total Annual Fee*
$ 7,800
* Deviations from the Standard Calling Pattern may result in higher System Support Fees.
NOTE: Price will be valid for 90 days following the date of January1, 2001.
All information contained in this proposal (Ver. 6.3) is the
confidential and proprietary property of Apprlss, Inc.
Page 41
01/01/2001
Proposal # 100901228-01
City of Santa Ana, CA. VINEI8' Program Proposal
All information contained In this proposal (Yer. 6.3) is the
confidential and proprietary property of Apprlss, Inc.
Pago42
01/01/2001
Proposal # 100901228-01
City of Santa Ana, CA. VINE!!!> Program Proposal
Provider of the VINE!l Service
Terms and Conditions
All Information contained In this proposal (Ver. 6.3) Is the
confidential and proprietary property of Apprlss. Inc.
Page 43
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Proposal # 100901228-01
,.
City of Santa Ana, CA. VINE~ Program Proposal
8
Terms & Conditions
8.1
Project Acceptance at Each Phase
1. Upon completion of the each Phase, Appriss will deliver to the customer the appropriate
reports and any supporting information for validation by the customer. The customer shall
use it best efforts, within five (5) business days (but in no event beyond ten (10) business
days), to issue a written notice of validation of the respective Phase or to give Appriss a
written notice of deficiencies. If a list of deficiencies is issued, Appriss shall thereafter re-
work the Phase Report to correct such deficiencies and will resubmit the respective phase
report to the customer in a mutually agreed time. The customer shall use it best efforts,
within three (3) business days of receipt of the re-worked respective phase (but in no event
beyond five (5) business days), to issue a written notice of acceptance of the phase or to
give Appriss a written notice of further deficiencies.
If, at any point in the acceptance process, the customer fails to give Appriss written notice
of acceptance or deficiencies within five (5) business days of receipt of the each Phase, the
respective phase shall be deemed accepted without authorization to proceed. In addition,
all Appriss deliverables will be pushed back if the phase resources were allocated to
another project. Appriss will inform the customer when the project will be resumed. The
acceptance of each phase shall serve as authorization for Appriss to proceed with the next
phase or project implementation.
2. All projects will be put on line with their supported primary languages until it is approved
and verified by the customer. Additional languages will be added to the system after
system approval.
3. To ensure that the project flow moves in a timely manner to maintain the implementation
schedule agreed upon, the following conditions for the customer are crucial to the success
of the project:
. Customer reviews all documentation and responds with any comments within the
designated timeftame (typically 5 days with the exception of Design Document review
which is 10 days).
. Technical staff at sites participating in project to provide assistance in creating and
testing interfaces and allow equipment installation on-site within requested
timeftames.
. Any 3rd party system vendors involved with interface development provide assistance
in creating and testing interfaces within requested timeftames.
. After a system goes on-line, any cost associated with changes that are the direct result
of a customer modification to the system will be billable based on time and materials.
. Any change of scope after acceptance of the system design will be considered a change
order.
All Information contained In this proposal (Ver. 6.3) is the
confidential and proprietary property of Apprlss, Inc.
Page 44
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Proposal # 100901228-01
<II>
City of Santa Ana, CA. VINE Program Proposal
. Changes to the script that alter the call flow are considered out of scope and will be
handled through a change order.
. Changes to the script, which require changes to the data, will be handled through a
change order.
. Any movement of equipment after the installation of the system is considered out of
scope and will be handled through a change order.
. All open items will be given to the customer's Project Manager for follow-up. If the
status does not change after the customer's Project Manager has been notified 3 times
by Appriss, any resulting schedule delay will be considered customer caused and not
impacted the agreed upon billing schedule.
. Failure to comply with the above stated conditions will result in a project timeline
extension. Delays that are the result of the customer and/or any 3rd party system
vendors are not the fault of Appriss, Inc. and will not delay the agreed upon billing
schedule.
8.2
VINE Gateway Machine Use
As a part of VINE implementation, Appriss may install a PC at the site, referred to as VINE
Gateway. The purpose of the VINE Gateway is to obtain offender information ftom the
customer site and transmit it to the Appriss Communication Center for the purpose of Victim
Notification. The VINE Gateway should not be used for any other purposes by the customer's
staff. Other usage of the PC by the customer beyond the indicated purpose may cause loss of
data or interfere with data collection. In such cases, customer will be responsible for any
anomaly in the data or the interruption in VINE service.
All Information contained In this proposel (Ver. 6.3) Is the
confidential and proprietary property of Apprlss, Inc.
Page 45
01/01/2001
Proposal # 100901228.Q1
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.
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EXHIBIT B
ADDmONAL INSURED ENDORS~
FOR COMMERCIAL GENERAL LIAB1LlTY POLICY
Insurance Company St. RiJl Fixe & Mmœ Ir1!u:m:e O:nt::erv
This codonemeut modifies such ÎDSIIJ:'8Dçe as is afforded by tile provisions of Po1i~
II ~ . relating to the following:
1. The City of Sanu Ana. 20 Civic Center Plaza, Santa Ana,. Califomia 92701; its
officers, employees. agentS, volllllteers and representatives are Dlmed as additioDll insun:ds
("additional insureds") with regard to liability and defense of suits arisiDg Ú'Om the operations
and uses performed by or on beba1! of tile I18IDed insured.
2. With :respect to c1aims arising out of the opc:ratÌOIIS and uses performed by or on
behalf oftbe named insured, 5\K:h insurance as is atrordecl by tbis poU~ is primary and is not
Idditiollll to or contn"buting with any other insllI'lllC8 carried by or for the benefit oCtile
additional ÌD5UreClS.
3. This 1nslll'aDCe applies separately to each Insured against whom cl8im is made or
S1IÌt is brought except witil respect to the companys limits of liability. The incIusiOJl. of any
person or orpnization as an insured sha11 not affect any right which such penon or organization
would have as a claimant if not so inç)uded.
4. With respœt to the additional ÍIIsVI'cda:, this ÙlSUrlDCO sbal1l1ot be canc:eJ1ed, or
materially reduced in coverage or limits except after thirty (30) days wriUenllOtice has been
given to the City orSllllta Ana,. 20 Civic: Center PIllA,. SlIIIta Ana,. California 92701.
(Completion of tile foUowing. including CO\II1terSÌgnatUre, is required to make this endorsement
eflèctive.)
Effective ~
Poliçy#
Issued to ~-"S, h.
. this endorscmau fonD. as a part of
N~
Countersigned by .
oeT 30 2001 10:49
** TOTFL PFIGE. B2 -
TOTAL P.B2
1 502 2441343 PAGE. 02
,,' , ~~. 6.2004
3: 13PM
NO. 293
P.2/31
ACORD,. CERTIFICATE OF LIABILITY INSURANCE I DATE IMMIOM'YI
4/06/04
IOIDOUCl1A UNDERWRITERS SAFETY & CL1~-~44-1343 THis CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFIiRS NO RIGHTS UPON THE C.RTIFICATE
1700 EASTPOINT PARKWAY HOLDER. THIS CERTIFICATE DOES NOT AMEND. EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
P.O. BOX 23790
LOUISVILLE, KY 40223 INSURERS AFFORDING COVER4GE
INsu"" Appriss Inc. ,J-:J.flol,,;wj 'NSUAER A' ST. PAUL FIRE & MARINE INS.
10401 Linn Station Rd, Ste 200 tV' ~flo).-tJÝS INSUP"" .,
INSU.", c. !
Louisville KY 40223.3842. N ' ;jflt>3' II,').
INSURER 0,
INsURER ..
COVERAGES
IHE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANOING
ANY REOUIREMENT. TERM OR CONDITION OF ANY COlliTl1ACT 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 ro ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INS. ".PI OF INSURANCE POUCY NUMBER POU"" ""CTlV< POUCY EX~"ATION
A G""ORAl UABILITY Toooeo 1309 3IHi/O4
x COMM,ACIAL G,.s.., LIABILITY
CLAIMSMAOE W OCCUR
3/15/05
IEO0801309
3/15/04
3/15/05
~'lA!'" ""'7' l3iJ
TEOoe01309
3/16104
3/15/06
0000
WVAOB03235
3/15/04
3/16/05
A OYHEA
TEOOBO1309
3/15/04
3/16105
TeCHNOLOGY ERRORS
& OMISS 0
OESCAIPTION OF OPlAA110NS"DCAT10NSNlHICLESIE)(CLUOIONS AOOIIO IV INOO_NT/...a^, "'OVlSIO.S
SEE ATTACHED ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL
LIABILITY POLICY.
CERTIFIO4TE HOLOER
A",,",ONAL INIU..O, INSU'" ...,.,..,
UMITI
SACH OCCU._ENC.
PI.. DAMAGE 1M, '" 'I'"~ ,
MEO EXP IAn, ,no .."onl
P.'SONAI.' ADV INJURY
DENe." AGG'EGA1<
PRODUCTS. eDMPIOP AGG .
10 0000
1000000
10000
1000000
20 0000
20 0000
COMeIN,O SINGLE liMIT
IEo "ai""'1
1 000000
SOD'LYINJURY
IP"p"..n!
BOO""NJURY
"'" ""'.ntl
""O"_TV OAMAG,
IP" """"1
AUTO ON' Y . SA ACCIDENT'
OTHER 11<AN EA Ace.
AVYO ONLY' AGD .
SACH OCCURRENCE
AGG..GA.,
10000000
10000000
x
S A .
H-
E' iAeH ACCIOE.,.
~.L.OOSEA".iA.MPLOYI!. .
U. ""SAGE - POuey LIMIT.
500000
600000
00000
$2.000,000 EACH OCCURRENCE
000000 AGGREGATE
SANTA ANA POLICE
DEPARTMENT M.98
#60 CIVIC CENn;R PLAZA
SANTA ANA, CA 92703
CANCELLATION
GHCUl.o - OP"". ABOVE DES"'.,D POllOI.. IE CANCEIJ.oo ""'ORE YHE "'~"l10.
OATS nt,'EOP. 1'I<e ISSUING INSU,E. WIL' ENC,AVOP YO ""'IL-1Q.. DAYS w'n"".
NOTIC. 10 THE "'TIReAT! HOLDE' NAMsO TO no; LEFT. BUT FAILU.. YO DD sO SHAll
IMPOI. NO O.UOATI"" O. IJABlLI'" OF ANV OIND UPON ,... INSUR',. IYS .""',.. OR
REP
AVY
ACORD 25.S 11/971
6.69
II AOORD CORPORATION 198B
,,'
APR..6.200L1
. '
3: 14PM
NO. 293
P.3/31
IMPORTANT
If the certificate hclder is an ADDITIONAL INSURED, the policy!iesl must be endol'&ed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsementls}.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
hclder in lieu of such endorsement/s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not conStitute a contract between
the issuing insurer!s , authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon,
rA
2(3,ú
ACORD 25-$ 17/97)
,,' g: API<.. 6.2004 3:20PM
to .-
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a TECHNOLOGY
8 COMMERCIAL GENERAL LIABILITY PROTECTION
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This insuring agreement provides general
liability protection for your business. There
are. of course. limitations and exclusions
throughout this agreement that apply to that
protection. As a result. this agreement
should be read carefully to determine the
extent of the coverage provided to you snd
other protected persons.
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PA/31
w.snw
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Table of Contents
What This Agreement Covers
Bodily injury and property damage
liability.
Personal injury liability.
Advertising injury liability.
Medical expenses.
Right and duty to defend a protected
person.
Additional payments.
Right to appeal a judgment against a
protected person,
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When This Agreement Covers
Bodily injury and property
liability,
Personal injury liability.
Advertising injury liability.
Medical expenses.
damage
Where This Agreement Covers
Who Is Protected Under This Agreement
Individual.
Partnership or joint venture.
Limited liability company.
Corporation or other organization.
Employees IlInd volunteer workers.
Real estate managers.
L.andlords,
Equipment lessors.
Persons or organizations for your work
as required by written contract,
Vendors of your products.
Operators of registered mobile
equipment.
Unnllmed subsidiaries.
Newly acquired or formed
organizations.
Separation of protected persons.
limits DI Coverage
General total limit.
Products and I;ompleted work total
limit.
Personal injury each person limit.
Advertising injury each person limit,
Page
2
Each event limit.
How the limits of I;overage apply if a
total limit is left blank.
2
3
4
4
4
5
Exclusions - What This Agreement Won't
Cover
Aircraft.
Auto.
Breach of contract.
Contract liability.
Control of property.
Damage to your products or completed
work.
Deliberately breaking the law.
Employers liability.
Employment-related practices.
Expected or intended bodily Injury or
property damage.
False material.
Impaired property.
Intellectual properw,
Liquor liability.
Material previously made known or
used.
Medical expenses of certain persons.
Mobile equipment.
Nuclear energy liability.
Pollution injury or damsge.
Pollution work loss. cost. or expense.
Poor quality or performance.
Product recall.
Unnamed partnership, Joint venture. or
limited liability company.
Watercraft.
Workers compensation and other
benefits lews.
Wrong price description.
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20
20
20
21
23
25
26
26
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27
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Dther Insurance
Primary or excess other insurance.
Whan this agreement is excess
insurance.
Methods of sharing.
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47150 Rev. 7-01 Printed In U.S.A. Insuring Agreement
=St.Paul Fire and Marina Insuranee Co. 2001 All Rights Reserved
Page 1 of 28
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NO. 293
P.5/31
IhoSrRIuI
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What This Agreement Covers
Bodily Injury and property damage liability.
We'll pay amounts any protected person is
legally required to pay as damages for
covered bodily injury or property damage
that:
. happens while this agreement is in effect;
and
. Is caused by an event.
Protected person means any person or
organization that qualifies as 8 protected
person under the Who Is Protected Under
This Agreement section.
Bodily injury means any physical harm,
including sickness or disease, to the
physical health of other persons.
We'll consider any of the following that
happens at any time to be part of such
physical harm, sickness, or disease, if it
resultS in or from such physical harm,
sickness, or disease:
. Mental anguish, injury, or illness.
. Emotional distress.
. Care, loss of services. or death.
We'll consider any bodily Injury that's a
continuation, change, or resumption of
previously known bodily injury to happen
before this agreement begins if such
continuation. change, or resumption would
otherwise be covered by this agreement
because of a continuous, multiple, or other
coverage trigger required under the law that
applies.
Of course, if there's 19 continuation, change,
or resumption. after this agreement ends, of
bodily injury that:
. isn't previously known bodily injury; end
. happens while this ilgreement is in effect;
we'" consider such continuation, change, or
resumption to also happen while this
agreement is in effect if thilt would be the.
result because of a continLlous, multiple. or
other coverage trigger required under the law
that applies.
Previously known bodily Injury means
bodily Inj"ry thlitt happened before this
agreement begim; and was known by you or
any described Individual protected person
before this ilgreement begins as a result of
any of the following at that time:
. You or any described indlvìd"al protected
person reporting all or part of that bodily
injury to US Or any other insLlrer,
. You or any described Individual protected
person receiving 19 claim or suit for all or
part of that bodily injury.
. Any described individual protected person
witnessing, or beIng told of, the beginning,
or any change. continuation. or resumption,
of all or part of that bodily injury.
Described indIvidual protected person
melitns any of the following:
. You or your spouse if you are an
individual.
. Any of your partners or co-venturers that
are individuals, or their spouses, if you
are a partnership or Joint venture.
. Any of yoLlr members or managers if you
are II limited liability company.
. Any of your directors or executive
officers if you are a corporation or other
organization.
. Any of your employees who is or acts as
your insurence or risk manager or holds a
position in your insurance, risk
management. or legal department.
Property damage means:
. physical damage to tangible property of
others, including all resulting loss of use
of that property; or
. loss of use of tangible property of others
that isn't physically damaged. For
example:
One of your employees accidentally causes
a fire In your premises. The fire
department responds and orders nearby
businesses to close for safety rei/sons
while It fights the fire, Your premises is
hewlly damaged by the fire. But /1()116 of
the nearby businesses are physically
damaged. As a result, we'll consider the
period of time those businesses are
closed due to your fire to be loss of use
of tangible property of others that Isn't
physically damaged.
We'" consider all physical damage to
tangible property of others thilt's a
continuation. change, or resumption of
previously known physical damage to
47150 Rev. 7-01 Printed In U.S.A.
Page 2 of 28 il>St.Paul Fire and Marine In~ur"""" ("" "",. A" o,-~.- "'---
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tangible property of others to happen before
this agreement begins if such continuation,
change, or resumption would otherwise be
covered by this agreement because of a
continuous. multiple, or other coverage
trigger required under the law that applies.
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Of course, if there's a continuation, change,
or resumption, after this agreement ends. of
physical damage to tangible property of
others that:
. isn't previously known physical damage to
tangible property of others; and
. happens while this agreement Is in effect;
we'll consider such continuation, change. or
resumption to also happen while this
agreement is in effect if that would be the
result because of a continuous. multiple, or
other coverage trisger required under the law
that applies.
We'li consider all loss of use of:
. damaged tangible property to happen at
the time of the physical damage that
caused it; and
. undamaged tangible property to happen at
the time of the event that caused it,
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rang/biB property does not include data.
Previously known phys/cill damage to
tangible property of others means physical
damage to tangible property of others that
happenlld before this agreemllnt begins and
was known by you or any described
individual protected person before this
agreement begins as a result of any of the
following et that time:
. You or any described individual protected
person reporting all Or part of that
property damage to us or any other
insurer.
. You or any described individual protected
person receiving a claim or suit for all or
part of that property damase.
. Any described individual protected person
witnessing. or being told of, the beginning.
Or any change, continuation, or resumption,
of all or p"rt of that property damage.
NO.293
P.6/31
1IIIStlllui
. claim and suit in the Right and duty to
defend a protected person section;
. executive officer and other organization in
the Corporation or other organizati on
section; and
. employee in the Employees and volunteer
workers section.
Personal Injury liability. We' II pay amounts
any protected person is legally required to
pay as damages for covered personal injury
that:
. results from your business activities; and
. is caused by a personal injury offense
committed while this agreement is in
effect.
Personal injury means injury, other than
bodily injury or advertising injury, that's
caused by a personal injury offense.
Personal injury offense meanS any of the
following offenses;
. False arrest. detention. or imprisonment.
. Malicious prosecution.
. Wrongful entry into. or wrongful eviction
from. a room. dwelling, or premises that a
person occupies, if such entry or eviction
is committed by or for the landlord,
lessor. or OWner of that room, dwelling.
or premises.
. Invasion of the right of private occupancy
of a roem. dwelling. or premises that a
person occupies, if such invasion is
committed by or for the landlord, lessor,
or owner of that room. dwelling, or
premises.
. Libel. Or slander, in or with covered
material.
. Making known to any person or
organization covered material that
disparages the business, premises.
products, services, work. or completed
work of others.
. Making known to any person Or
organization covered material that violates
a person's right of privacy.
Event means an accident. including
continuous or repeated exposure to
substantially the same general harmful
conditions. ~
We explain the terms:
Covered material means any material in any
form of expression. including material made
known in Or with any electronic means of
communication, such as the Internet.
513ö
47150 Rev. 7-01 Printed in U.S.A. Insuring Agreement
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Page 3 of 28
~¡;'R.,6.2004
3:21PM
1IIIStRIuI
Advenising injury liability. We'll pay amounts
any protected person is legally required to
pay as damages for covered advertising
injury that:
. results from the advertising of your
products, your work, or your completed
work; and
. is caused by an advertising injury offense
committed while this agreement is in
effect.
We won't consider advertising, borders. Or
frames for or of others, or links for or to
others, that are on or in YOUr website to be
advertising of your products, your work, or
your completed work.
Advertising Injury means Injury, other than
bodily injury or person/ll injury. that's
caused by an advertising injury offense.
Advertising injury offense means any of the
following offenses:
. Libel. or shinder. in or with covered
material.
. Making known to any perSon or
org!lnlzation covered material that
disp!lrages the business. premises,
products, services. work. or completed
work of others. '
. Making known to any person or
organization covered material that violates
a person's right of privacy.
. Unauthorized use of any advertising
material. or any slogan or title, of others
In your advertising.
Advertising means attracting the !lttention ot
others by any means for the purpose of:
. seeking customers Or supporters; or
. Increasing sales Or business.
Advertising material means any covered
material that:
. is subject to copyright law; and
. others use and irnend to attract attention
In their advertising.
Slogan means a phrase that others use and
Intend to attract attention in their
advertising.
But we won't consider slogan to include a
phrese used as, or In, the name of:
NO.293
P. 7/31
. any perSon or organization, other than you;
or
. any business, or any of the premises,
products. services. work. or completed
work, of any person or oreani~ation. other
than you.
Title means a name of a literary or élrtlstic
work.
We explain the terms:
. covered material in the Personal injury
liability section; and
. your products. your work, and your
completed work In the Products and
completed work total limit section.
Medica' expenses. We'll pay covered medical
expenses that result from bodily injury
caused by an event that happens while this
agreement is in eftect. even if the protected
person isn't legally required to pay such
expenses.
Medical expenses means the reasonable
expenses incurred by any person or
organization tor necessary medical services
received by a person anytime within three
years of the beginning date of an event that
causes that person to sustain bodily Injury.
MedIcal services includes:
. first aid received at the time of an event;
. ambulance and emereency care services;
. dental, hospital, medical. nursing, surgical,
x-ray. and other health care professional
services;
. artificial limbs and organs; and
. funeral services.
We explain the term health care professional
services in the Employees and volunteer
workers section.
Right and duty to defend a protected person.
We'" have the right and duty to defend any
protected person against a claim or suit for
injury or damage covered by this agreement.
We'" have such right and duty even if all of
the allegations of the claim or suit are
groundless. false, or fraudulent. But we
won't have e duty to perform any other act
or service.
/?5ð (p! ¿)
47150 Rav. 7-01 Printed in U.S.A.
Page 4 of 28 IIÞSt.Paul Fire and Marine Insurance Co. 2001 All Riaht!O R.."...VArf
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We'll have the right to investigate any
event, offense, claim, or suit to the extent
we believe is proper. We'll also have the
right to settle any claim Or suit within:
. any applicable deductible; or
. the availi!lble limits of coverage,
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OUr duty to defend protected persons ends
when we have used up the limits of
coverage that apply with the payment of:
. judgments;
. settlements; or
. medic,,1 expenses.
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Claim means a demand that seeks damages.
Suit means a civil proceeding that seeks
damages. It includes:
. an arbitration proceeding for damages to
which the protected person must submit,
or submits with our consent; and
. any other alternative dispute resolution
proceeding for damages to which the
protected person submits with our consent.
Injury or damage means:
. bodily injury, personal injury, or
advertising Injury; or
. property damage,
Offense means any:
. personal injury offense; or
. advertising Injury offense.
Additional payments. We'll have the duty to
mal(e only the additional payments shown
below in connection with any claim or suit
under this agreement against a protected
person when we:
. investigate or settle the ¡;Iaim or suit; or
. defend the protected person against the
claim or suit.
These payments are in addition to the limits
of coverage.
Our duty to make additional payments ends
when we have used up the limits of
coverage t/'lat apply with the payment of:
. judgmenU:
. settlements; or ~ 7! 30
. medical expenses.
NO. 293
P.8/31
1!IoSrRlui
Our expenses.
incur.
We'll pay all expenses we
Bail bonds. We'll pay up to $2,500 of the
cost of ball bonds that are required because
of ac¡;idents or violations of traffic laws.
But only if the accident. or violations result
from the use of a vehi¡;le to which thi.
agreement appl ies. We don't have to furnish
such bonds.
Bonds to release property, We'll pay the
cost of bonds to release property that's
being used to secure a legal obligation. But
only for bond amounts within the available
limit of coverage. We don't have to furnish
such bonds.
Expenses incurred by protected persons.
We'll pay all reasonable expenses that any
protected person in¡;urs at our request while
helping us investigate or settle, or defend a
protected person against, a ¡;Iaim or suit.
But We won't pay more than 5500 per day
for earnings actually lost by the protected
person because of time taken off from
work.
Taxed costs. We'll pay all costs taxed
against any protected person for covered
injury or damage in a suit.
Prejudgment interest. We'll pay the Interest
that accumulates before a judgment and is
awarded against the protected person on
that part of a judgment we pay. But if we
make a settlement offer to pay the available
limit of coverage, we won't pay the
prejudgment interest that accumulates after
the date of our offer.
Postjuc/gment interest. We'll pay all
interest that accumulates on the full amount
of that part of a judgment for which we
make a pllyment. But only from the date of
the judgment t9 the date we pay, or deposit
in court, the limit of coverage that applies
to the judgment.
Appeal bonds. If we have the duty to
appeal a judgment that includes damages
covered by this agreement, and you agree
we can appeal that judgment, we'll pay the
cost of any appeal bond required for that
appeal. But only for that part of the
judgment that is for damages covered by
this agreement and is within the available
limit of coverage, However, we'll pay, or
47160 Rev. 7-01 Printed in U.S.A, Insuring Agreement
IIISt.Paul Fire and Marine Insurance Co. 2001 All Rights Reserved
Page 5 of 28
,. . ~f;'R.. 6.200"
3:22PM
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reimburse the protected person, for the cost
of a higher appeal bond amount if we're
required to do so under the law that applies,
But we won't be the principal under any
such bond. Nor do we have to furnish any
appeal bond. The results of an appeal won't
change the limits of coverage that apply
under this agreement.
Right to Ippeal a judgment Iglinst I protected
person. We'll have the right to appeal a
judgment that we don't hðve a duty to
appeal. But only if the judgment;
. includes damages for injury or damage
covered by this agreement;
. Is awarded in a suit for which we defend
a protected person; and
. is awarded against the protected person.
If we appeal such 8 judgment, we'll pay the
following that result direc:tly from that
appeal:
. All expenses we incur.
0 All reasonable expenses that al"lY protected
person I"curs 8t our request while helping
us with the appeal, other than the cost of
appeal bonds.
0 The cost of any required appeal bond.
But only for that part of the judgment that
is for damages c:overed by this agreement
and is within the available limit of
coverage, However, we'll pay, or
reimburse the protected person, for the
cost of a higher appeal bond amount If
we're required to do so under the law that
applies, But we won't be the principal
under 81"1Y such bond, Nor do we halVe to
furnish any appeal bond,
0 All post judgment interest that accumulates
on the full amount of the judgment. But
only from the date of the judgment to the
date we pay, or deposit in c:ourt, the limit
of coverllge that applies to the judgment,
These payments are in addition to the limits
of coverage. However, the results of an
eppeal WOI"I't change the limits of coverage
thet apply under this agreement.
When This Agreement Covers
Bodily Injury Ind property dlmlge liability,
We'll apply this ~greement to claims or
suits for covered bodily injury or property
demage whenever they're made or brought,
NO. 293
P.9/31
~ß
g'/JZ1
Personll Injury liability. We'll apply this
agreement to claims or suits for covered
personal injury whenever they're made or
brought.
Advertising Injury liability, We'll ~pply this
agreement to claims or suits for c:overed
advertising injury whenever they're made or
brought.
MediCII expenses. We'll apply this agreement
to covered medical expenses only when
they're reported to us within three years of
the beginning date of the event.
Where This Agreement Covers
We'll apply, and make payments under, this
agreement:
. only in the coverage territory; and
. only for covered injury or damage that's
caused by events that happen, or offenses
that are committed, there,
However, we'll also apply, and make
payments under, this agreement in the
coverage territory for covered injury or
damage that's caused by events which
happen, or offenses which are committed, in
the rest of the world if the protected
person's liability for such injury or demage
is determined in a suit on the merits in the
coverage territory, or in a settlement agreed
to by us, and:
. the events or offenses result from the
activities of a person whose home is in
the coverage territory, but is away from
there for a short time on your business;
. the events result from your products that
are made or sold by you in the coverage
territory; or
. the offenses are committed in or with any
electronic means of communic:atlon, such
as the Internet.
For example:
You manufacture a product in the crNerage
territory. It is exported to Norway. A
few months later a Norwegian citÎzen is
allegedly injured while using that product
and, as a result, sues you. If the suit is
brought against you in the cOo/erage
territory, and it seeks damages for bodily
injury covered by this agreement, we'll
47150 Rev. 7-01 Printed in U.S,A.
Page 6 of 28 "St,Paul Fire and Marine Insuranc:e Co. 2001 All Ri"ht.. R."'."a0'4
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have the duty to defend you against the
suit and psy cCNered damages awarded in
a judgment against you. However, if the
suit is brought against you in Norway, or
anywhere else outside of the COIerage
territory, we wont have a duty to defend
you there. Also. we won't have a duty to
psy a judgment awarded by a court there.
even if the judgment is llilter recognized
and enforced by a court in the coverage
territory.
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Coverage territory means:
. the United States of America, including its
territories and possessions;
. Puerto Rico;
. Canada; and
. interniltional wilters or illrspace only
during trilvel or transportation between any
of the ilbove places.
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We explain the term your products in the
Products and completed work total limit
section.
Who Is Protected Under This Agreement
Individuøl. If you are shown in the
Introduction as a named insured and an
individual, you and your spouse are
protected persons only for the conduct of a
business of which you are the sole owner.
Partnership or joinl venture. If you are shown
in the Introduction as a named insured and a
partnership or a joint venture, you are a
protected person. Your partners or co-
venturers, and their spouses, are protected
persons only for the conduct of your
business.
Limited liøblllly company. If you are shown in
the Introduction as a named insured and a
limited liability company, you are a
protected person. Your members are
protected persons only for the conduct of
your business. And your managers are
protected persons only for their duties as
your managers.
Corporøllon or other organization. If you are
shown in the Introduction as a named
insured and a corporation or an other
organization, you are a protected person.
Your directors and executive officers are
NO. 293
P.10/31
jYß c¡!3 ()
lhoStRIUI
protected persons only for the conduct of
their duties as your directors or executive
officers. And your stockholders are
protected persons only for their liability as
your stockholders.
Other organizliltion means an organization
other than a corporation, partnership, joint
venture, or limited liability company.
Executive officer means any person holding
an officer position created by the charter.
constitution, or by-laws, or any other similar
governing document, of a corporation or
other organization.
EmployeBs and volunteer workers. Your
employees are protected persons only for:
. work done within the scope of their
employment by you; or
. their performance of duties related to the
conduct of your business.
And your volunteer workers are protected
persons only for ilctivities or work they
conduct or perform:
. at your direction; and
. within the scope of their duties for you.
However, no employee or volunteer worKer
is a protected person for bodily injury or
personal injury to:
. you;
. any of your partners or co-venturers If
you are a partnership or joint venture;
. any of your members or managers if you
are a limited liability company;
. any fellow employee;
. any fellow volunteer worker or eny of
your employees; or
. the spouse, or any child, parent, brother,
or sister, of that employee or volunteer
worker if such injury results from the
bodily injury or personal injury to such
fellow employee Or volunteer worKer.
Nor is any employee or volunteer worker a
protected person for:
. any obligation to share damages with or
repay someone else who must pay
damages because of such bodily injury or
personal injury; or
. bodily injury or personal injury that resLlIts
from his or her performance of or failure
47150 Rev. 7-01 Printed in U.S.A. Insuring Agreement
oSt,Paul Fire and Marine Insurance Co. 2001 All Rights Reserved
Page 7 of 28
APR.. 6.2004
3:23PM
tlleStlllul
to perform health care professional
services.
Also, no employee or volunteer worker is a
protected person for property damage to
property that's controlled by:
. you;
. any of your partners or co-venturers if
you are a partnership or joint venture;
. any of your members or managers if you
are a limited liability company;
. that employee or any fellow employee; or
. that volunteer worker, any fellow volunteer
worker, or any of your employees.
But we won't apply the exclusions in this
Employees and volunteer workers section to:
. bodily injury that results from the
providing of or failure to provide first aid
by an employee or volunteer worker, other
than an employed or volunteer doctor; or
. premises damage.
Nor will we applY the exclusions In this
Employees and volunteer workers section to
bodily Injury or personal Injury to;
. any fellow employee that results from
work, other than the performance of or
failure to perform health care professional
services, by your employees who hold
supervisory positions; or
. the spouse or any child, parent, brother. or
sister of that fellow employee If such
injury results from the bodily Injury or
personal injury to that fellow employee.
Also, we won't apply this Employees and
volunteer workers section to the following
protected persons:
. Your mllnagers if you are a limited
liability company. Instead, we'll apply the
Limited liability company section to them.
. Your executive officers if you are a
corporation or an other organization.
Instead, we'll apply the Corporation or
other organization section to them.
EmplOlee includes a leased worker. other
than a leased temporary worker.
Leased worker means any person who:
. is hired from an employee leasing firm
under a contract Or agreement between the
hirer and that firm; and
NO. 293
P.l1/31
;f:Y5 «(1 Ö ~
. is performing duties reillted to the conduct
of the hirer's business.
Volunteer worker means any person who;
. isn't an employee or a leased temporary
worker;
. donates his Or her work; and
. isn't paid a fee, salary, or other
compensation for that work.
Employee leasing firm means any person or
organization that hires out workers to others.
It includes any:
. employment agency, contractor. or service;
. labor leasing firm; or
. temporary help service.
Leased temporary worker means a leased
worker who is hired to;
. temporarily take the place of a permanent
employee on lellve; or
. meet seasonal or short-term workload
conditions.
Controlled by means;
. owned. rented, leased, occupied, borrowed,
or used by;
. in the care, custody, or control of; or
. being physicallY controlled for any
purpose by.
Health care professIonal seNices includes:
. any dental. medical, mental, nursing,
surgical, x-ray. or other health care
professional service, including any advice,
instruction. food, or beverage provided
with such service;
. the dispensing of drugs or medical or
dental suppl ies and appliances; and
. the handling or treatment of corpses,
Including autopsies, organ donations, and
other postmortem procedures.
We explain the term premises damage in the
Elich event limit section.
Real estate managers. Your real estate
manô!lgers are protected persons only for
their mô!lnagement of premises that you rent,
lease. or borrow from others, or own. They
may be persons or organizations.
47150 Aev. 7-01 printed in U,S.A.
Page 8 of 28 -5t.Paul Fire and Marine Insurance Co. 2001 All Aicrhts Reserv..d
3:23PM
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But we won't apply this Real estate
managers section to your employees.
Instead, we',1 apply the Employees and
volunteer workers section to them.
8
Landlords. Any landlord. lessor, manager, or
owner of a premises rented or leased to
you is a protected person only for the
ownership, maintenance, or use of that
premises while you rent or lease It.
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However, no Ilmdlord, lessor, manager, or
owner is a protected person for injury or
damage that results from any of the
following work while being done by or for
such landlord, lessor, manager, or owner:
. Structural changes.
. New construction work.
. Demolition work.
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But we won't apply this Landlords section to
your re~1 estate mllnagers. Instead, we'll
apply the Real estate managers section. or
the Employees and volunt~er workers
section. whichever section is applicable, to
them.
Equipment lessors. Any lessor or owner of
equipment rented or leased to you is a
protected person only for your operation,
maintenance, or use of that equipment while
you rem or lease it,
However, no equipment lessor or owner is a
protected person for injury or damage that
results from its sale negligence.
Persons or organizations for your work IS
required by written conlrect Any person or
organization that:
. is not otherwise a protected person under
this agreement; and
. you specifically agree in a written contract
to add as an additionlll protected person
under this 119reement;
is II protected person, but only for covered
bodily Injury or property damage that results
from your work.
However, no such person Or organization is
a protected person for bodily injury or
property damage that (esults from thair sole
negligence.
Also, such person Or or9anization is a
protected person only for the lesser of:
NO. 293
P .12/31
~ (1/3 f'>
1heStIIIu
. tha limits of coverage required by the
written contract; or
. the I imits of coverage available under this
agreement.
Additional protected person may also be
called an additional insured in that written
contract.
Wa explain the term your work in the
Products and completed work total limit
section.
Vendors of your prøducts. Any vandor of
your products is a protected person for
covered bodily injury or property damage
that results from your products, but only if:
. you specifically agrae in a written contra!;t
to add the vandor as !!In addition!!ll
protected person under this agreemant;
. this agreement provides coveraga for
those products; and
. those products are scld or distributed In
the normal course of tha vendor's
business.
However, no vendor from whom you've
acquired your products is a protected
person.
Nor is any vendor a protected person for
bodily injury or property damage that results
from:
. any express warranty which is made by
the vendor ~nd you havan't authorized;
. any change made in the condition of any
of your products by the vendor;
. the repackaging of your products other
than whan the products are unpacked for
demonstration, inspection, testing, or
replacement of parts ordered by you or
the manuhcturer, and later repackaged In
their original containers;
. any failure of the vendor to perform
normal or agreed upon servicing of your
products which the vendor has sold or
distributed;
. the demonstration, installation, or servicing
of your products. which Is done away
from the vendor's premises; or
. your products which have been labeled or
relabaled, or used as an Ingredient, part,
or container In, on, or for anything else,
by Or for the vendor.
47150 Rev. 7-01 Printed in U.S.A. Insurin9 Agreement
..St.P!!Iul Fire and Marine Insurance Co. 2001 All Rights Reserved
Page 9 of 28
, fJP.R.' 6.2004
3:23PM
'IhISnIIul
Servicing includes any adjustment, assembly,
disposal, inspection, repair or test.
We explain the term your products in the
Products and completed work total limit
section.
Operators of registered mobile equipment. All
operators of registered mobile equipment are
protected persons for covered bodily injury
or property damage that results from their
driving of such equipment on a public street
or road with your permission.
Any person or organization legally
responsible for the driving conduct of those
operators is also a protected person for
such bodily injury or property damage. But
only if there's no valid and collectible other
Insurance available to cover its liability for
the operators.
However, no operator or any other person or
organization is a protected person for:
. bOdily Injury to a fellow employee of the
person driving the equipment; or
. property damage to property controlled by
you or the employer of an operator who
is a protected person.
Registered mobile equipment means mobile
equipment that's registered in your name
under a motor vehicla registration law.
We explain the terms:
. controlled by in the Employees and
volunteer workers section;
. mobile equipment in the Mobile equipment
exclusion; and
. other insurance in the Other Insurance
section.
Unnamed subsidiaries. Any of yoUr
subsidiaries, other than a partnership, joint
venture, or limited liability company, that
isn't shown in the Introduction as a named
insured is a protacted person if you own
more than 50% of it on the beginning date
of this agreement,
However, no unnamed subsidiary Is a
protected person for:
. bodily injury or property damage that
happened before you own more than 50%
of it; 'ft-ß U;),.13 Ò
NO. 293
P.13/31
. personal injury or advertisIng injury th~t
results from an offense that's committed
before you own more thal"l 50% of it; or
. injury or damage that's covered by other
similar general liability Insurance.
Own more than 50% of means own more
than 50% of the outst~nding voting
securities representing the present right to
vote for the election of directors of the
organization.
Newly acquired or formed organizations. Any
organization that you acquire or form while
this agreement is in effect that isn't a
p~rtnershlp, joint venture, or limited liability
company is a protected person if you own
more than 50% of it.
However, no newly acquired or formed
org~nizatlon is II protected person for:
. more than the remainder of the time this
agreement is in effect, beginl"ling with the
date that you ~cquired or formed it;
. bodily injury or property d~mage that
happened before you acqUired or formed
it;
. person~1 injury or advertising injury that
results from an offense committed beforE!
you acquired or formed it; or
. injury or damage that's covered by other
similar gener~1 liability insurance.
Separation of protected persons. We'll apply
this agreemel'lt separately to each protected
person.
However, all protected persons share the
limits of coverage shown In the Coverage
Summary. We explain how in the Limits Of
Coverage section.
Also, any right or duty specifically assigned
to the first named insured remains
unchanged, We explain those rights and
duties in the General Rules, which is a part
of your policy.
Limits Of Coverage
The limits of coverage shown in the
Coverage Summary and the information
containep in this section fix the most we'll
pay as damages and medical expenses,
regardless of the number of:
47150 Rev. 7-01 Printed in U.S.A.
P.".. 11'1 nf ?R II>St.Paul Fire and Marine Insurance Co. 2001 All Rights Reserved
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. protected persons;
0 claims made or suits brought; or
0 persons or organizations making claims or
bringing suits,
General total IImil This is the most we'll
pay for the combined total of;
0 all covered bodily injury and property
damage that happens in a policy year;
. all covered personal injury that's caused
by all personal injury offenses committed
in a policy year;
0 all covered advertising Injury that's caused
by all advertising injury offenses
committed in a policy ye"!r; and
. all covered medical expenses that result
from all events that happen in a poliCY
year.
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However, we won't apply this limit to bodily
injury or property damage that results from
your products or your completed work.
Instead. we'll apply the products and
completed work total limit to such bodilY
injury or property damage covered by this
agreement.
Policy year means the policy period shown
in the Introduction, or the period of time
that this agreement is in effect, whichever
period is shorter. But when that period is
!onger than one year. policy year means
each of the following periods of time that
this agreement is in effect. starting with the
beginning date of this agreement:
. Each consecutive one-year period.
0 Any period that remains after the last
consecutive one-year period.
However, if the original policy period shown
in the Introduction is extended for a period
of fess than one year, we'll consider each
such extended period to bl!l part of the last
polley year, regardless of the number of
extensions provided.
For example:
;?Ys I J/JÔ
Your original policy period is two years
and nine months long, As s result, it has
three policy years, each one separate from
the other. The first is the first one-year
period. The second Is the next one-year
period. And the third is the remaInIng
nIne-month period.
NO. 293
P. 14/31
1h88tIIIul
During the third policy year you request,
and we provide, two separate extensions of
the policy period: a three-month extension.
and then a four-month extension. As a
result, the third policy year becomes
sixteen months long and is still subject to
the same limits of coverage that applies
when it was nine months long.
We explain the products and completed work
total limit, and the terms your products and
your completed work, in the Products end
completed work total limit section.
Prolluc:ts and completed work lotal limit
is the most we'll pay for all covered
injury and property damage that:
. results from your products end your
completed work; and
. happens in a pol icy year.
Your products means any of the goods or
products that are or were manufactured,
sold. handled, distributed, or disposed of by:
. you;
0 others using your name; or
. any person or orgllnizetlon whose business
or assets you've acquired.
This
bodily
YOur products includes:
. 1111 containers, equipment, materials. or
parts provided with or for your products;
0 any warranty provided with or for your
products;
. any statement made, or that should have
been made, about the durability, fitness.
handling, maintenance, operation,
performance, quality, safety, or use of
your products; and
0 all warnings. instructions, or directions
provided, Or that should have been
provided, with or for your products.
But we won't consider the following to be
your prOducts:
. Goods or products that are stili In YOUr
physical possession or on a premises that
you rent, lease, or borrow from others, or
own.
0 Real property.
. Containers that are vehicles provided with
or for your products.
0 Property that's rented or leased to others.
47150 Rev. 7-01 Printed in U.S.A. Insuring Agreement
@St.Paul Fire and Marine Insurance Co. 2001 All Rights Reserved
Page 11 of 28
,"ICR.' 6.200'"
3:24PM
n.srRlu/
. Property that you haven't sold, but which
you allow others to use. For example, a
vending machine.
Your completed work means your work that;
. is completed, including work that may
need service, maintenance, correction,
repair, or replacement, but which Is
otherwise complete; or
. has been abandoned by you.
We'll consider your work to be completed at
the earliest of the following times:
. When all of the work called for in your
contract has been completed.
. When all of the work to be done at the
work site has been completed, if your
contract calls for work at more than one
site.
. When that part of the work at the work
site has been put to its Intended use by
any person or organization, other than
another contractor or subcontractor
working on the same project.
Your completed work Includes:
. any warranty provided with or for your
completed work;
. any statement made, or that should have
been made, about the durability, fitness,
handling, maintenance, operation,
performance, quillity, safety, or use of
your completed work; and
. all warnings, instructions, or directions
provided, or that should have been
provided, with or for your completed
work.
~But we won't consider the following to be
"Jyour completed work:
~. Un installed equipment, abandoned or
\. unused materials or parts, or tools.
. Work done In connection with transporting
?b property.
"Y:J. Any premises or other real property that
)1, you own,
. Any work done to a premises or other
real property that you rent or lease from
others, Or own.
. Any work while on a premises that you
rent, lease, Or borrow from others, Or
own.
NO. 293
P.15/31
However, we'll consider a condition crSilted
in or on a vehicle in the course of work
done in connection with transporting
property to be your completed work if:
. the vehicle isn't owned or operated by
you;
. the condition is created by the loading or
unloading of the vehicle by e protected
person; and
. the condition causes bodily Injury Or
property damage.
Your work means any:
. work that you're performing or others are
performing for you: Or
. service that you're providing or others are
providing for you.
Your work Includes:
. all equipment, materials. parts. or tools
being provided or used with or for your
work;
. any st~tement being made, or that should
heve been m~de, ebout the durability,
fitness, h~ndling, maintenance, operlltlon,
performance, quality, safety. or use of
your work; and
. all warnings, instructions, or directions
being provided, or that should have been
provided, with or for your work.
We explain the term loading or unloading in
the Auto exclusion.
Personal injury each person limil. This Is the
most we'll pay for all covered personal
injury that;
. is sustained by anyone person or
or9anization: and
. is caused by all personal injury offenses
committed in a policy year.
Advertising injury each person IimiL This is
the most we'" pay for ~II covered
advertising injury that:
. is sust~ined by anyone person or
orgenization; IInd
. is caused by all advertising injury
offenses committed in a policy yellr.
Each event limil. This is the most we'll pay
for all covered bodily injury, property
damage, and medical expenses that result
from anyone event.
47150 Rev. 7-01 Printed In U.S.A.
Page 12 of 28 t!>St_P~ul Fir.. and Morin.. In."r~n".. rn. 700' All Rõ"h+c R......"....
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However, the most we'll PilY for covered
premises damsEle or medical expenses that
result from anyone event is further IImitecj
by the following:
Premises damage limit. This is the most
we'll PilY for all covered premises damage
that's caused by ilny one event.
8
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Premises damage means property damage
to;
. ilny premises that you rent, lease, or
borrow from others: or
. the contents of any premises thet you
rent from others if you rent such premises
for a period of seven or fewer
consecutive days.
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Medical expenses limit. This is the most
we'll PilY for 1111 covered medical expenses
that:
. are Incurred for bodily Injury sustained by
ilny one person; and
. result from anyone event.
How the limits of coverll! e apply If . tolal limit
is left blank. If the amount of the general
total limit or the products and completed
work total limit is left blilnk in the
Coverilge Summilry, we'll consider thilt total
limit to be the SlIme liS the each event limit
or $200,000, whichever amount is more.
Exclusions - What This Agreement Won't Caver
Aircraft We won't cover bodily injury,
property damllge, or medical expenses that
result from the:
. ownership, mi.'lintenllnce, use. or operation;
. loading or unloacjing;
. entrustment to others; or
. supervision of others in or for the
malntenllnce, use, operlltion, lollding Or
unloading, or entrustment to others;
of ilny aircrllft owned, operated, rented,
leased, or borrowed by IIny protected
person.
But we won't ilpply this exclusion to the
liability of another to pay damages for
bodily injury or property damage if you
have assumed such liability under a covered
contract thilt:
-- - -- --- - No:'293-""-P":16;::3in
~(713C
11JoStRiul
. is for the ownership. mllintenilnce, or use
of an ilircraft; and
. WilS made before the bodily injury or
property dilmage happens.
Nor will we apply this exclusion to:
. bodily injury, property damage, or medical
expenses that result from the operation of
specialized equipment; or
. premises dllmage.
Also, we won't apply this exclusion to
bodily injury, property damage, or medical
expenses that result from the use of an
alrcrilft chartered by a protected person if;
. the aircraft is chartered with crew.
including a pilot; ilnd
. the protected person Isn't using the
aircraft to cilrry persons or property for a
charge.
We explain the terms:
. covered contract in the Contrect liability
exclusion;
. entrustment to others. loading or
unloading, ilnd supervision of others, in
the Auto exclusion;
. premises dilmilge in the Each event limit
section; and
. specialized equipment in the Mobile
equipment exclusion,
AulD. We won't cover bodily injury,
property damage, or medical expenses thet
result from the:
. ownership, maintenance. use, or operation;
. loading or unloading;
. entrustment to others; or
. supervision of others in or for the
milintenance, use, operation, loading or
unloading, or entrustment to others;
of any auto owned, operated, rented, leased,
or borrowed by any protected person.
But we won't ilPply this exclusion to bodily
Injury. property demilge, or medicill expenses
that result from the parking of an iluto on a
premises, or on the ways next to such
premises, if:
. the premises is owned, rented, jeilsed. or
borrowed by you; ilnd
. the auto isn't owned, rented, leased, Or
borrowed by any protected person,
47150 Rev. 7-01 Printed in U.S.A. Insuring Agreement
CSt.Pilul Fire end Marine Insurance Co. 2001 All Rights Reserved
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Nor will we apply this exclusion to:
. bodily injury. property damage, or medicII'
expenses thllt result from the operation of
special ized equipment; or
. premises damage.
Auto means any land motor vehicle, trailer.
or semitrailer that's designed for travel on
public streets or roads.
We'll consider any mllchinery or equipment
that's permanently attached to an auto to be
part of the auto.
But we won't consider mobile equipment to
be an auto.
l.JJar:Jing or unloading means the handling of
property;
. while it's being moved from the place
where it's accepted for transportation;
. while it's being loaded. trllnsported. and
unloaded; and
. until it's moved to the place where it's
finally delivered.
But we won't consider moving property by
an I nattached mechanicIII device to be
loading or I nloading.
Unattached mechanical device includes any
forklift. conveyor, or other unattached
mechanical device, other than a hand truck.
Entrustment to others means:
. the permitting of others to use or do
something; or
. the giving of something to others for
sllfekeeplng.
~ Supervision of others means:
'\ . the directing. managing. or supervising of
~ a worker, including his or her employment.
\. hiring. evall ation, training, or work; or
. the directing, monitoring. safekeeping, or
supervising of any other person Or
9~ orgllni~ation for any rell50n.
'~)We explain the terms;
. mobile equipment and specialized
equipment in the Mobile equipment
excll sion; and
. premises damage In the Each event limit
seetion.
NO. 293
P.17/31
Breach of contract. We won't cover
advertising injury that results from the
failure of any protected person to do what
is required by a contrllct or agreement.
Contract liability, We won't cover injury or
damage for which the protected person has
assumed liability under any contract or
agreement.
But We won't apply this exclusion to injury
or damage for which the protected person
would have liability without the contract Or
agreement.
Nor will we apply this exclusion to the
liability of another to pay dllmages for:
. bodily injury or property damage sustained
by others if you have assumed such
liability under a covered contract made
before the bodily injury or property
damage happens; or
. personal injury or advertising injury
sustained by others if you have assumed
such liability under a covered contract
made before the offense that causes such
injury is committed.
Also, if you have agreed under the same
covered contract to defend, or pay for the
defense of. an Indemnitee against a claim or
suit for such injury or damage covered by
this agreement, we'" defend the indemnitee
against the claim or suit, But we'll do so
because of that covered contract only if:
. that indemnitee isn't a protected person
for that injury Or damage;
. that claim or suit is for Injury or damage
for which you have IIssumed the "ability
of the indemnitee under the covered
contract:
. the injury or damage is covered by this
agreement;
. the claim or suit is made or brought
against you and the indemnitee;
. we are defending you against the claim or
suit under this agreement;
. all of OUr indemnitee defense control and
authority requirements are fulfilled; and
. all of our indemnitee defense cooperation
and notice requiremsnts are fulfilled.
When we provide that contract liability
indemnitee defense coverage, we'll do the
following:
47150 Rev. 7-01 Printed in U.S.A.
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. We'll defend the indemnitee even if all of
the ~lIegations of the claim or suit are
groundless, hlse, or fraudulent. But we
won't have a duty to perform any other
act or service.
. We'll p~y all covered indemnitee defense
expenses incurred by us in connection with
such claim or suit. Such payments are In
addition to the limits of coverage.
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However, our duty to defend the indemnitee,
or p~y indemnitee defense expenses incurred
by us, under that contract liability
indemnitee defense coverage ends when that
indemnitee fails to comply with any of our
indemnitee defense cooperation ~nd notice
requirements. It also ends when we have
used up the limits of coverage that apply
with the payment of:
. judgments;
. settlemlilnts; or
. medical expenses.
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When we don't provide that contract liability
indemnitee defense coverage for the
indemnitee, we'll pay covered indemnitee
defense expenses assumed under contract
that:
. are incurred by or for that indemnitee; ~nd
. are awarded against you in a judgment or
agreed to by us in a settlement;
as if they're amounts you're legally required
to pay as damages for inj4ry or damage
covered by this agreement. P~yments of
such amounts are subject to the limits of
coverage. Our duty to make such p~yments
ends when we have used up the limits of
coverage that apply with the payment of:
. judgments;
. settlements; or
. medical expenses.
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We'll have the right to appeal a judgment
awarded In a suit against an indemnitee if:
. the judgment includes damages for injury
or damage for which you have assumed
liability under a covered contract;
. such injury or damage is covered by this
agreement;
. the indemnitee "nq its insl,!rers don't
appeal the judgment; and
. you agrea we may seek the cooperation
of that indemnitee for such an appelli.
NO.293
P.18/31
1I1oSIRIul
If we appeal such a judgment, we'll pay the
following that result directly from that
appeal:
. All expenses we incur.
. All reasonable expenses that any protected
person IInd the indemnitee incur at our
request while helping us with t~e appeal,
other than the cost of appeal bonds.
. The cost of any required appeal bond.
But only for that part of the judgment that
is for damages covered by this agreement
and is within the available limit of
coverage. However, we'll pay, or
reimburse the indemnitee, for the cost of
a higher appeal bond amount if we're
required to do so under the law that
applies. But we won't be the principal
under eny such bond, Nor do we have to
furnish any appeal bond.
. All post judgment interest that accumulates
on the full amount of the judgment. But
only from the date of the judgment to the
date we pay, or deposit in court, the limit
of coverage that applies to the judgment.
These payments are in addition to the limits
of coverage. However, the results of an
appeal won't change the limits of coverage
that apply under this agreement.
Covered contract means:
. IIny easement or license agreement;
. any elevator maintenance agreement;
. any lease of premises, other than that part
which indemnifies a person or organization
for property damage to a premises that
you rent. lease, or borrow from others;
. any obligation to indemnify a municipality
that is required by ordinance and Isn't
connected with your work for the
municipality;
. any sidetrack agreement;
. that pert of any other contract or
agreement under which you assume the
tort liability of a municipality to pay
damages fer injury or damage that results
from your work for the municipality; or
. that part of any other contract or
agreement under which you assume the
tort liabilitY of another to pay damages
for injury or damage.
But we won't consider the following parts
of those other contracts Or agreements
under which YOI,! assume the tort liability of
47150 Rev. 7-01 Printed in U.S.A. Insuring Agreement
cSt.Paul Fire and Marine Insurance Co. 2001 All Rights Reserved
Page 15 of 28
('I('R: 6.2004
3:26PM
D8StRiul
another to pay damages to be a covered
contract:
I Architect, engineer, or surveyor indemnity,
. Architect, engineer, or surveyor
professional services by protected person
indemnity.
. War indemnity.
Tort liability means a liability that would be
imposed by law without any contract or
agreement.
Architect, engineer. or surveyor indemnity
means that part which indemnifies any
architect, engineer, or surveyor for injury or
damage that results from:
. the preparation or approval of, or failure
to prepare or approve, any drawing and
specification, or any map, opinion, report,
survey, change order, field order, or shop
drawing; or
I the giving of or failure to give any
direction or instruction if that giving or
failure to give is the primary cause of the
injury or damage.
Architect, engineer. or surveyor professional
services by protected person Indemnity
means that part which indemnifies any
person or organization for injury or damage
that results from the performance of or
failure to perform architect, engineer, or
surveyor profess i anal services by the
protected person who is an architect,
engineer, or surveyor.
Architect. engineer, or surveyor professional
servIces Includes:
I the preparation or approval of any drawing
and specification, or any map, opinion,
report, survey, change order, field order,
or shop drawing; and
. any ¡>Irchitectural, engineering, inspection,
or supervisory activity.
War indemnity means that part which
indemnifies any person or organization for
bodily injury or property damage that results
from war.
Indemnitee means any person Or
organization that you h¡>lye agreed under a
covered contract to indemnify or hold
harmless.
~ IS/YO
NO. 293
P.19/31
Indemnitee defense control and authority
requirements means the following
requirements that must be fulfilled for us to
conduct and control the defense of an
indemnitee against a claim or suit under this
agreement: .
. You and the indemnitee must ask us to
conduct and control the defense of that
indemnitee against the claim or suit under
this agreement.
. We must determine that there's no conflict
between your interests and those of the
indemnitee, based on the allegations in the
claim or suit and on what we know about
the factual and legal basis for the
damages being sought.
I You and the indemnitee must each agree
in writing that we can assign the same
counsel to defend them.
. The indemnitee must give us authority in
writing to conduct and control its defense
against the claim or suit.
. The indemnitee must give us authority in
writing to obtain records and other
Information related to the claim or suit.
I The indemnitee must agree in writing to
comply with our indemnitee defense
cooperation and notice requirements,
Indemnitee defense cooperation and notice
requirements means the following
requirements that must be fulfilled for us to
continue defending an indemnitee against a
claim or suit under this agreement:
. The Indemnitee must cooperate with us in
the investigation, settlement, or defense
of the claim or suit.
I The indemnitee must provide us with a
copy of any demand, notice, summons, or
legal paper received in connection with the
claim or suit as soon as possible after it
is received.
. The indemnitee must give notice of the
claim or suit to any other insurer that
provides coverage which applies to the
claim or suit and is available to that.
indemnitee.
I The indemnitee must help us coordinate
the application of other insurance that's
applicable to the claim or suit and
available to that indemnitee.
Indemnitee defense expenses Incurred by us
means the:
47150 Rev. 7-01 Printed In U.S.A.
PaDe 16 "f 28 .!':t_P~,,1 ¡:I.~ ~n'" ~b.¡nD In."..n~. f'^ ?nn, ..11 "'~~.. IOu.....'"
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. i!lttorney fees and necessary litigation
expenses incurred by us to defend an
Indemnitee against a claim or suit for
damages covered by this agreement; and
. necessary litigation expenses incurred by
thi!lt indemnitee at oUr request In
connection with that claim or suit.
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Indemnitee defense expenses assumfNi under
contract means the reasonable attorney fees
and necessary litigation expenses that:
. are Incurred by or for an Indemnitee to
defend itself against a claim or suit for
damages cove<ed by this 8greement; and
. are subject to a covered contract under
which you have agreed to defend, or pay
for the defense of, that Indemnitee against
the claim or suit.
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We explain the terms:
. your work In the Products and completed
work total limit section;
. war in the Medical expenses of cert8in
persons exclusion; and
. other insuri!lnce in the Other Insurance
section.
Control o! property. We won't cover property
damage to the following property:
. Property that you rent, lease, or borrow
from others, own, or occupy, But we
won't ~pply this exclusion part to
premises damage.
. Premises that you sell, give away, or
abi!lndon if such property di!lmage results
from any part of those premises. But we
won't apply this e)lclusion part to property
damage to premises that' ere your
completed work and were never occupied,
rented, or held for rental by you.
. Personi!ll property that's in the care.
custody, or control of the protected
person. But we won't .apply this exclusion
part to premises damage.
. That particular part of real property being
worked on by or for you if such property
dami!lge results from your work.
. That particular part of i!lny property that
must be restored, repaired, or replaced
because your work was incorrectly
performed on It. But we won't apply this
exclusion pi!lrt to property damage that
results from your completed worl(.
NO. 293
P.20/31
'II1eStRIut
Furthermore, we won't apply this exclusion
to the liability of another to pay damages
for property damage, other than property
damage to the property described below, if
you have assumed such liability under a
sidetrack agreement mi!lde before the
property damage heppens:
. Property that you rent or lease from
others, own, or occupy.
. Premises that you sell, give away, or
abandon.
We explain the terms:
. premises damage in the Each event limit
section; and
. your work and your completed work in the
Products and completed work total limit
section.
Damage to your products Dr completed work.
We won't cover property damage to any of
your products that's caused by your products
themselves or by any of their p8rts. For
e)lample:
You manufacture x-ray machines They
contain several moving parts which can
break down for many reasons. Regardless
of the csuse, we wodt protect you for any
property damage to the part that fails or
to the rest of the x-ray machine.
Nor will we cover property demage to your
completed work that's caused by your
completed work itself or by any of its
parts, But we won't apply this exclusion
part to such property damage if:
. this agreement provides completed work
liability coverage; i!lnd
. your completed work that's damaged, or
your completed work that causes the
property damage, was done for you by
others.
For example:
p~ / i./h ()
You construct a computer room in a
hospital as a general contractor. Some of
the work is done Þ¡ you while the rest is
done for you Þ¡ subcontractors. The
computer room in the hospital Is acceptfNi
Þ¡ the owner. If it's damaged úy a fire
csused by electrical wiring instafled by a
subcontractor, we won't apply the
exclusion. However, if the wiring was
47150 Rev. 7-01 Printed in U.S.A. Insuring Agreement
IOSt.Paul Fire i!lnd Marine Insurance Co. 2001 All Rights Reserved
Page 17 of 28
.,
fi1fR. 6. 200<1
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lIIIfftRIul
installed by you, we'll apply the exclusion
to property damage to your completed
work done by you,
We explain the terms your products and
your completed work in the Products and
completed work total limit section.
Dellberatel, breaking the law. We won't cover
personal injury Dr advertising injury that
results from:
. the protected person knowingly breaking
any criminal law; or
. any person or organization breaking any
criminal law with the consent or
knowledge of the protected person.
Employers liabIlity. We won't cover bodily
injury to an employee of the protected
person arising out of and In the course of
his or har:
. employment by the protected person: Or
. performance of duties related to the
conduct of the protected person's
business.
Nor will we cover bodily injury to the
spouse, or any child, parent, brother, or
sister, of that employee if such bodily
injury results from the bodily injury to such
employee.
We'll apply this exclusion whether the
protected person may be held liable as an
employer or In any other capacity, such as a
property owner or product manufacturer.
For example:
You manufacture laser systems. Your
employee Is injured while testing your
product. That employee receives workers
compensation bsnefits. If the employee later
sues you In your capacity as a
manufacturer, alleging that the injury
happened because your product was
defective, we won't protect you,
Wa'il also apply this exclusion to any
obligation of the protected person to share
damages with or repay someone else who
must pay damages because of bodily injury
to any employee of the protectad person.
For example:
Your employee is Injured in an injection
molding machine accident. That employee
NO.293
P.21/31
receives workers compensation benefits.
Later, the employee sues the manufacturer
of the injection molding machine alleging
that the injury happened because it didn't
have enough guarding devIces on it. If the
manufacturer in turn sues you, alleging that
your faulty maintenance of the machine, not
the lack of guarding devices, resulted in
the employee's injury, we wont protect
yoll.
But we won't apply ttlls exclusion to the
liability of another to pay damages for
bodily injury If you have assumed such
liability under a covered contract made
before the bodily injury happans.
We expillin the terms:
. covered contract in the Contract liability
exclusion: and
. employee in the Employees and volunteer
workers section.
Employment-related practices. We won't cover
personal injury to any protected person's
employee, prospective or former employee,
leased temporary worker, or independent
contractor that results from any
employment-related practices. For example:
You terminate an employee for falsifying
business travel expenses. You explain the
reason for the termination of that employee
to one of your customers. If your former
employee fater sues you for sfander. we
worit protect you.
Nor will we cover personal injury to the
spouse or any child, parent. brother, or
sister of that person if such personal injury
results from any employment-ralated
practices.
We'll apply this exclusion to any obligation
of the protected person to share damages
with or to repay someone else who must
pay damages for personal injury that results
from any employment-related practices.
Independent contractor means any person
who is not your employee, but who
performs duties related to the conduct of
your business in the coursa of that person's
independent employment in accordance with
a contract between you and that person for
specified services.
.~;¿of) ô
47150 Rev. 7-01 Printed In U.S.A.
Pa"R 1R nf ?R ",.1::+ 10.,,1 "'Ira a~" Ilhrl~. '~e"._n~a ,..~ O)n~' A II "'_10." ,,~--_.._~
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Employment-related practices means;
. refusal to employ;
. termination of employment; or
. other employment-related act, omission,
policy, or practice, such as coercion, libel
Or slander, demotion, discipline,
discrimination, evaluation, harassment,
humiliation, reassignment, or Violation of a
person's right of privacy.
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temporary worker in the Employees and
volunteer workers section.
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damage. We won't cover bodily injury or
property damage that's expected or intended
by the protected person.
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Nor will we cover medical expenses that
result from such bodily injury,
But we won't apply this exclusion to bodily
injury, property damage, or medical expenses
that result from the use of reasonable force
to protect people or property.
Fllise material. We won't cover personal
injury or advertising injury that results from
false material that:
. was made known by or for the protected
person; and
. the protected person knew was false when
it was made known.
Impaired pro~erty. We won't cover property
damage to Impaired property, or to property
that isn't physically damaged, that results
from:
. your products that are faulty or dangerous;
. your completed work that is faulty or
dangerous; or
. a delay or failure in fulfilling the terms' of
a contract or agreement,
But we won't apply this exclusion to the
loss of use of property, other than your
products or your completed work, that
results from sudden and accidental physical
damage to:
. your products after they've been put to
their intended use; or
. your completed work after it has been put
to its imended use.
NO.293
P.22/31
1heStß uI
For example:
You supply an electric motor to a customer
who uses it to power his conveyor. The
motors shaft breaks several days later
while he's operating the conveyor. The
conveyor isn't damaged, but your customer
has extra costs beCause Ms unable to use
it until the motor is repaired. If he sues
you to recover those costs, we wont apply
the exclusion. However, If the customer
discovers while hooking the motor up to
the conveyor that the motor's shaft is
broken, we wont protect vou.
Impaired property means tangible property,
other than your products or your completed
work, that can be restored to use by nothing
more than;
. an adjus(ment. repair, replacement, or
removal of your products, or your
completed work, that forms a part of such
tangible property: or
. your fulfilling the terms of a contract or
agreement.
We explain the terms your products and
your completed work In the Products and
completed work total limit section.
Intellectual property. We won't cover injury or
damage or medical expenses that result from
any actual or alleged infringement or
violation of any of the following rights or
laws:
. Copyright.
. Patent.
. Trade dress.
. Trade name.
. Trade secret.
. Trademark.
. Other imellectual property rights or laws.
Nor will we cover any other injury or
damage or medical expenses alleged in a
claim or suit that also alleges any such
infringement or violation.
But we won't apply this exclusion to bodily
injury or property damage that results from
your products or your completed work.
~ ~'I/) ¿'
47150 Rev. 7-01 Printed in U,S.A. Insuring Agreement
eSt.Peul Fire and Marine Insurance Co. 2001 All Rights Reserved
Page 19 of 28
~"'R. 6.200"
3:27PM
11IISrR!lul .
Nor will We apply this exclusion to
advertising injury that results from the
unauthorized use of any:
. copyrighted IIdvertising material;
. trademarked slogan; or
. trademarked title;
of others in your advertising.
We explain the terms your products and
your completed work in the Products and
completed work total limit section.
Liquor liability. We won't cover bodily Injury,
property dllmllge, or medical expenses that
result from IIny protected person:
. causing or contributing to the Intoxication
of i:my person;
. selling, serving, or furnishing alcoholic
beverages to any person under the leglll
drinking age or under the Influence of
alcohol; or
. vioillting any law or regulation IIpplying to
the sllle, gift, distribution, Or Use of
alcoholic beverllges.
However, we'll !!pply this exclusion only if
you're in the business of manufacturing,
distributing, selling, serving, or furnishing
alcoholic beverages. For example;
You manufacture monitoring equipment.
Each year you host an awards banquet with
an open bar for your sales representatives.
After this year's banquet an intoxicated
guest is Involved In an auto accident. The
guest and several others are injured. If
someone sues YOll, alleging that your
serving of liquor caused the guest's
intoxication and involvement In the accident,
we wodt apply the liquor liability
exclusion because you're not In the business
of serving liquor.
But we won't apply this exclusion to
premises damage.
We explain the term premises damage In the
Each event limit section.
Material previously made known or used. We
won't cover personal injury or advertising
Injury that results from:
. any material th!!t was first made known
before this agreement begins; Or
NO.293
P.23/31
;ÞY5 2 ZßÔ
. any edvertising mllterlal, or any slogan or
title, of others. whose unlluthorized use in
your advertising was first committed
before this egreement begins.
Medical expenses of certain persons. We won't
cover medical expenses that are Incurred by
or for sny person:
. injured while qualifying as a protected
person, other than your volunteer workers;
. injured while performing work that he or
she was hired to do for 'Iny protected
person, or any tenant of a protected
person;
. injured on that part of any premises that
you rent or lease from others, or own,
and that the injured person normally
occupies;
. to whom such medical expenses are
payable, Or must be provided, as benefits
under any workers compensation law,
disability benefits law, or similar law;
. injured by your products or your
completed work;
. injured due to wllr; or
. who refuses to be examined as often as
we require, within reason, by doctors we
choose.
War includes:
. declared or undeclared war, or invasion;
. warlike action by a military force or other
agents of any government, sovereign, or
other authority;
. civil war, insurrection, rebellion, revolution,
or seizure of power; or
. anything done to hinder or defend against
such actions.
We explain the terms:
. )tolunteer worker In the Employees and
volunteer workers section; and
. your products and your completed work in
the Products and completed work total
limit section.
Mobile equipment We won't cover bodily
injury, property damage, or medical expenses
that result from the:
. transportation of mobile equipment by an
auto owned, operated, rented, leased, or
borrowed by any protected person;
. use of racing mobile equipment; or
47150 Rev. 7-01 Printed in U.S.A.
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. supervision of others in or for such
transportation or Use.
But we won't apply this exclusion to
premises damage.
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Mobile equipment means any land vehicle
that:
. Is designed for use prlmari Iy off public
streets or roads;
. is kept for use only on or next to
premises that you rent or lease from
others, or own;
. travels on crawler treads;
. is kept primilrily for the ready movement
of permanently attached construction
equipment; Or
. doesn't travel under its own power and is
kept primarily for the ready movement of
permanently attached specialized
equipment.
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Mobile equipment includes a..ny land vehicle
that:
. Isn't described above; and
. is kept primarily for purposes other than
carrying people or cargo.
But we won't consider such a vehicle to be
mobile equipment if it travels under its own
power, is operated like en auto during travel
on a public street or road, and has
permanently attached:
. specialized equipment; or
. equipment designed for snow removal,
street cleaning, or street or road
maintenance - but not construction or
resurfacing.
Construction equipment includes any:
. grader. scraper, or roller; or
. power crane, digger, dri II, loader. or
shovel.
Specialized equipment means any:
. cherry picker or similar device used to lift
workers;
. pump, generator, Or air compressor; or
. other eqUipment, such as building cleaning,
geophysical exploration, lighting, spraying,
welding, or well-servicing equipment, that
has a built-in pump, generator, or air
compressor.
NO. 293
P.2"/31
YheStRiul
Racing mobile equipment means any mobile
equipment while being prepared for or used
in any:
. prearranged racins, speed. demolition, or
stunting contest or activity; Or
. practice for such contest or activity.
We explain the terms;
. euto, and supervision of others, in the
Auto exclusion; and
. premises damase in the Each event limit
section.
Nuclear energy liability. We won't cover
bodily injury or property damage for which
any protected person:
. is also protec~ed under a nuclear energy
liability insurance policy; or
. would have been protected under such
policy if that policy's limits of coverage
hadn't been used up.
Nor will we cover bodily injury or property
damage that results from the hazardous
properties of nuclear material and for which:
. any person or organization Is required by
law to maintain financial protection in
accordance with the federal Atomic Energy
Act or any of its amendments; or
. any protected person is entitled, or would
have been en~ltled had this agreement not
been issued, to Indemnity from the United
States government, or any of its agencies,
under any contract or agreement between
the government, or any of its agencies,
and any person or organization,
Also. We won't cover medical expen5es that
result from:
. the hazardous properties of nuclear
material; Or
. the operation of a nuclear facility by any
person or organization.
In addition, we won't cover bodily injury or
property damage that results from the
hazardous properties of nuclear material
when:
. the nuclear material Is located at, or at
any time discharges or disperses from. a
nuclear facility that is or was a~ any time
owned by any protected person, or
operated by or for any protected person;
~ 2j/](.-
47150 Rev. 7-01 Printed in U.S.A. Insuring Agreement
!IISt.Paul Fire and Marine Insurance Co. 2001 All Rights Reserved
Page 21 of 28
,"fRo 6.200Ll
3:28PM
1IIoSrRlul
. the nuclear material is contained in spent
nuclear fuel, or nuclear waste, that is or
was at any time possessed, hllndled, used,
processed, stored, transported, or disposed
of by or for any protected person; or
. the bodily injury or property damage
results from the furnishing by ¡my
protected person of services, materials,
parts, or equipment in connection with the
planning, construction, maintenllnce,
operation, or use of a nuclear facility.
However, we'll apply this exclusion part
only to property dllmllge to the nuclear
facility, and any property located on the
site of that facility, if the nuclear facility
is in the United StBtes of America, Its
territories or possessions, Puerto Rico, or
Canada.
Nuclear energy liability insurance polley
means any nuclear energy liability Insurance
policy issued by any of the following
organizations or their successors:
. Nuclear Energy Liability Insurance
Association.
. Mutual Atomic Energy Liability
Underwriters.
. Nuclear Insurance Association of Canada.
Hazardous propertIes Includes radioactive,
toxic, or explosive properties.
Nuclear material means any of the
following materials defined in the federal
Atomic Energy Act or any of its
amendments:
. Source material.
. Special nuclellr material.
. By-product materilli.
Nuclear facility means IIny:
. nuclear reactor;
. uranium isotopes separation device or
equipment;
. special nuclear material device or
eql.lipment; or
. nuclelU waste site.
Nuclear filcility includes:
. the site on which it's located;
. all operations conducted on such site; Bnd
. all premises used for such operations.
NO. 293
P.25/31
Nuclear reactor means any devics,
equipment, or machine designed Or used to;
. sustain nuclear fission in a self-supporting
chain reaction; or
. contllin a critical mllss of fissionable
materilll,
UranIum isotopes separation device or
equipment means any device or equipment
designed or used for:
. separating the isotopes of uranium or
plutonium;
. processing or utilizing spent nuclear fuel;
or
. hllndling, processing, or packaging nuclear
waste.
Special nuclear material device or
equipment means any device or equipment
used for the processing, fabricating, or
alloying of special nuclellr material If the
total amount of such meterilll is lit any time
In the custody of any protected person at
the premises where the device or equipment
is located and is more than:
. 25 grams of plutonium or uranium 233, or
any combination of those two materials;
or
. 250 grams of uranium 235.
Nuclear waste site means any structure,
basin, excavation, premises, or placa
prepared or used for the storage or disposal
of nuclear waste.
Nuclear waste means eny waste material
that:
. contains by-produc:t mllterial; and
. results from the operlltion of any nuclear
reactor, or uranium isotopes separation
device or equipment, by any person or
organizlltion.
But we won't consider nuclear waste to
include tailings or wastes that result from
the extraction Or concentration of uranium or
thorium from any ore processed primarily
for its source material content.
Spent nuclear fuel means any solid or
liquid fuel element or cOmponent that's been
exposed to radiation or used In a nuclear
reactor.
~2YI:J(;
47150 Rev. 7-01 Printed in U.S.A.
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Pollution injury or dilmBge. We won't cover
injury or damage or medical expenses that
result from pollution at, on, in, or from any:
. protected person's premises;
. waste site; or
. protected person's work site.
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Nor will we cover injury or damage or
medical expenses that result from pollution
involving any waste pollutant.
But we won't 2Ipply this exclusion to bodily
injUry, property d2lmage, or medical expenses
that result from:
. building heating equipment fumes, smoke,
soot, or vapors;
. contractor or service work materials
fumes. gases, or vapors;
. hostile fire heat. fumes, or smoke; or
. mobile equipment operating fluids.
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Nor will we apply this exclusion to:
. bodily injury or property damage that
results from your products or your
completed work, other than waste products
or completed work; or
. premises damage that results from fire.
*
Pollution me2lns any actual, alleged, or
threatened discharge, dispersal, escape,
migration, release, or seepage of any
pollutant.
Pollutant means any solid, liquid, gaseous,
or thermal irritant or contaminant, including:
. smoke, vapors, soot, fumes;
. acids, "Ik"lis. chemic"ls; "nd
. waste.
Waste includes materials to be recycled.
reconditioned, or reclaimed.
Prot~cted persorts premises means any
premises. site, or location that is or w"s at
any time owned, rented. leased, borrowed,
or occupied by "ny protected person. For
example:
You sold an office building two years ago.
It contains asbestos ceiling tile that
released asbestos into the air while you
owned it. A former tenant now sues you
for bodily injury that allegedly resulted
\-f..(¿1. (J. ". .?~ NO.293
ì'76 !'J IS ,I
P.26/31
TheSlHluI
from the release of that asbestos. We
wOOt cover such injury.
Another example:
You own an apartment building, Its
woodwork is finished with paint that
contains lead. Two of your renters sue you
for bodily injury to their children allegedly
caused ITy the lead in that paint. The
children supposedly consumed the lead by
eating chips of the paint from the window
sills in their apartments. We won't cover
such Injury.
But we won't consider" premises, site, or
location tha~ isn't owned, rented. leased,
borrowed. or occupied by you to be a
protected person's premises in connection
with pollution that results from your work
being performed there. For example:
You are hired by the owner of a premises
to perform work there. The premises
owner requires you to provide it with
insurance protection for that work. We do
so with an additional protected person
endorsement under this agreement. Your
work being performed on that premises
causes pollution injury or damage to
happen there. Even though that premises Is
owned by an additional protected person.
we wortt consider that premises to be a
protected person's premises for purposes of
determining your coverage. or the premises
owner's coverage. for that injury or damage
under this agreement.
Waste site means any premises. site. or
location that is or was at any time used by
or for any protected person or others for
the handling, storage, disposal, processing,
or treatment of waste. For example:
For several years waste generated by your
manufacturing business was disposed of in
a landfill owned by others. The landfill
was closed two years ago. Nearby
residents now allege that they're being
injured by the waste from there. We
wOOt cover such injury.
Protected person's work site means any
premises, site, Or location "t. on. or in
which work is being performed by or for
any protected person when:
47150 Rev. 7-01 Printed in U.S.A. Insuring Agreement
cSt.Paul Fire end Marine Insurance Co. 2001 All Rights Reserved
Page 23 of 28
~,=,R. 6.2004
3:29PM
1IIøStRiul
. the pollution involves a pollutant that is
brought to, on, or in such premises. site.
or location by or for the protected person
in connection with such work; or
. the work being performed is pollution
work.
For example;
A subcontractor workIng for you brings a
diesel fuel storage tank to the building site
for refueling of its excavation equIpment.
After a couple of days It Is discwered that
the tank has been leaking. Some of the
escaped fuel Is found to have seeped into
an underground conduit and damaged the
InsulFition on the fiber optic cables in the
conduit. We won't cover such property
damage.
Waste pollutant means any pollutllnt that is
or was at any time transported, handled,
stored. treated, disposed of, or processed liS
waste by or for:
. any protected person; or
. any person or organization for whom you
may be legally responsible.
For example:
Waste generated trv your business Is
transported to a landfill trv a trucker hired
by you. There Is an seeldent that causes
the waste to be spilled onto the road. OnfJ
of the firefighters who responds to the
accident IFiter alleges that fumes from the
waste made her ill. We won't cover such
Injury.
Bui/ding heFiting fJqulpment fumes. smoke.
soot, or vapors means only the fumes,
smoke, soot, or vapors thllt:
. result from equipment used to heat iI
building at or on a protected person's
premises; IInd
. are within that building.
Contractor or service work mFiterials fumes.
gases. or vapors means only the fumes,
geses, or vapOrs that:
. result from materials brought into a
building at or on a protected person's
work site in connection with work, other
than pollution work, being performed there
by or for you; and
NO. 293
P.27/31
ß 2c'/3ò
. are within that building.
Hostile fire heat fumes. or smoke means
only the heat, fumes, or smoke that result
from a hostile fire at, on, in, or from:
. the protected person's premises, other
than a waste site; or
. the protacted person's work site. other
than a waste site. but only if the hostile
fire doesn't result from pollution work
being performed by or for the protected
person.
Hostile fire means a fire that:
. becomes uncontrollable; or
. breaks out from where it was intended to
be.
Mobile equipment operating fluids means
only the fuels, lubricants, or other operating
fluids that:
. are part of the mobile equipment being
maintained, operated. or used in
connection with work, other than pollution
work, being performed by or for the
protected person at, on, or in the
protected person's work site;
. are needed to perform the normal
electrical, hydraulic. or mechanical
functions necessary for the operation of
the mobile equipment or any of its parts;
. IIren't intended to be discharged,
dispersed, or released as part of the
operation of the mobile equipment or any
of its parts;
. aren't intended to be discharged,
dispersed, or released as part of the work
being performed by or for the protected
person; IInd
. escape from a mobile equipment part
designed to hold, store, or receive them.
Waste prOducts or completed work mellI's:
. your products. or your completed work,
that is Or was handled, stored, disposed
of, processed, Or treated as waste at, on,
or in a waste site; Or
. your products, or your completed work,
that is Or was a waste pollutant; or
. your completed work that Is being used
for clellnlng up. containing, detoxIfying,
disposal of, handling. monitoring.
neutralizing. processing. removing, storing.
47150 Rev. 7-01 Printed in U.S.A.
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testing for, transporting, or tre~tìng any
pollutant at, on. Or in a waste site.
8
We explain the terms:
. mobile equipment in the Mobile equipment
exclusion;
. pollution work in the Pollution work loss,
cost, or expense exclusion;
. premises damage in the Each event limit
section; and
. your products, your work, ~nd your
completad work in the Products and
completed work total limit section.
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Pollution work loss, cost, Dr expense. We
won't cover any loss, cost, or expense that
results from:
. any request, demand, order, or statutory or
regUlatory requirement that any protected
person or others perform pollution work;
or
. any cl~im or suit by or for ~ny
governmental authority for damages that
result from the performance of pollution
work.
But we won't apply this exclusion to any
damages for property demage for which the
protected person would have liability without
such:
. request, demand, order, or statutory or
regulatory requirement; or
. claim or suit.
For example:
One of your prCJ(/ucts is a container that
may be used to store various types of
liquids. Several of those containers are
sold to a company that uses them for
storage of a chemical in one of its
warehouses. During such use one of them
ruptures and the chemical spills onto a
concrete floor. Some of the spilled
chemical seeps into the ground through a
gap between the floor and an adjoining
wall.
The customer alleges that the corrosive
effect of the spilled chemical caused pans
of the concrete floor to disintegrate.
making them unusable. As a result. he
demands that you pay the cost to replace
NO.293
P.28/31
'I11eStRilul
those pans of the floor and properly
dispose of any contaminilted concrete.
Also. the customer Is concerned that the
spilled chemical that seeped into the
ground may be considered a source of
pollution by adjacent property owners or
by a state environmental protection law.
As a result. he also demands that you pay
the cost to replace and properly dIspose of
any contaminated soil.
Based on thfiJ facts available to us. we'll
consider the cost to replace the
disintegrated parts of the concrete floor to
be damages for property damage that isrtt
subject to this exclusion. However. we
wortt ewer:
. the additional cost to properly dispose of
any contaminated concrete: or
. the cost to replace or properly dispose
of any contaminated soil;
regardless of who demands or requires that
such pollution work be done.
Pollution work means:
. the testing for, monitoring, cleaning up.
removing, containing. treating, detoxifying,
or neutralizing of any pollutant; or
. the responding to, or assessing, in any
w~y the effects of any pollutant.
For example:
A chemical spill at your manufacturing
facility releases a vapor cloud. Several
hundred people are exposed to the vapor
cloud before it disappears. None of them
sustain afTý apparent bodily injury.
However, several of them demand that you
arrange and pay for medical checkups now,
and yearly for the next ten years. to assess
the effect of the vapor cloud on their
health. We won't cover the cost of such
pollution work, regardless of who orders
or performs it.
We explain the terms:
. pollutant in the Pollution injury or damage
exclusion; and
. your products in the Products and
completed work total limit section,
~'3 2) /J()
47150 Rev. 7-01 Printed in U.S.A. Insuring Agreement
IDSt,Paul Fire and Maril"le Insur~nce Co. 2001 All Rights Reserved
Page 25 of 28
¡¡¡FR. 6.2004
3: 30PM
lIIoStRlul
Poor quality or performance. We won't cover
advertising injury that results from the
failure of your products, your work, or your
completed work to conform with advertised
quality or performance.
We ellplain the terms your products, your
work, and your completed work in the
Products and completed work total limit
section.
Product recall, We won't cover any loss,
cost, or expense that is Incurred by you or
others and results from any recall, removal.
or withdrawal of:
. impaired property;
. your products; or
. your completed work;
from the market, or from use by any person
or organization, for any reason.
Nor will we cover any loss, cost, or
expense that Is Incurred by you or others
and results from the:
. loss of use;
. adjustment, Inspection. repair;
. replacement; or
. disposal;
of such property, products, or completed
work.
We explain the terms:
. impaired property in the Impaired property
exclusion; and
. your products and your completed work in
the Products and completed work total
limit section.
Unnlllled parmerslllp, joint venture. or limited
liability company. We won't cover injury or
damage or medical expenses that result from
the conduct of any current or past
partnership, Joint venture, or limited liability
company that isn't shown in the Introduction
as a named insured.
But we won't apply this ellclusion to the
extent such org"nization otherwise qualifies
as a protected person under the Who Is
Protected Under This Agreement section.
Watercraft We won't cover bodily injury,
property damllge, or medical expenses that
result from the:
NO. 293
P.29/31
. ownership, maintenance, use, Or operation;
. loading or unloading;
. entrustment to others: or
. supervision of others in or for the
maintenance. use. operation, loading or
unloading, or entrustment to others;
of any watercraft owned, operated, rented,
leased, or borrowed by any protected
person.
But we won't apply this exclusion to the
liability of another to pay damages for
bodily injury or property damage If you
have assumed such liability under a covered
contract that:
. is for the ownership, maintenance. or use
of a watercraft; and
. was made before the bodily injury or
property damage happens.
Nor will we apply this exclusion to premises
damage.
Also. we won't apply this ellclusion to
bodily injury, proparty damage, or medical
expenses thllt result from:
. watercraft while ashore on premises that
you rent or lease from others, or own;
. watercraft you don't own th2lt is less th2ln
75 feet long and isn't being used to carry
persons or property for 21 chars¡e; or
. the operation of specialized equipment.
We explain the terms:
. covered contract in the Contract liability
exclusion;
. entrustment to others, loading or
unloading, and supervision of others, in
the Auto exclusion;
. premises damage in the Each event limit
section; and
. specialized equipment in the Mobile
equipment exclusion.
Workers çompensation and olher benefits laws.
We won't cover any obligation that the
protected person has under any:
. workers compensation law;
. disability benefits law;
. unemployment compensation law; or
. similar law.
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47150 Rev. 7-01 Printed in U.S.A.
,,~~~ ?" ~f ?A ",C::+"~"I ~:¡'D ~....i M~.;n" In~".~n"D r" ?nn1 All Rlnht.. R.......vc.."
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Wrong pric:e description, Wa won't cover
advertising injury that results from ttle
wrong description of the price of YOUr
products, your work, or your completed
work.
8
We expillin the terms your products, your
work, and your completed work in the
Products and completed work total limit
section,
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This agreement is primary insurance. If
there is any valid and collectible othar
insurance for injury or damage covered by
this agreement, the following applies in
connection with that other insurance:
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Other Insurance means insurance, or the
funding of losses, that's provided by or
through:
. another insurance company;
. us, except under this agreement;
. any of our affiliated Insurance companies;
. any risk retention group;
. any self-insurance method Or program,
other than any funded by you and over
which this agreement IIpplies; or
. any similar riSk transfer or risk
management method.
However. we won't consider umbrella
insurance, or excess insurance, that you
bought specifically to apply in excess of the
limits of coverage that apply under this
agreement to ba other insurance.
Primary or excess other insurance. When there
is primary other insurance, we'll share with
that other insurance any damages for injury
or damage covered by this agreement, We'll
do so with one of the methods of shllring
described in the Methods of sharing section.
However. we'li apply this agreement as
excess insurance over the part Or parts of
any primary or excess other insurance that
provide:
. property or similar coverage for property
damage to YOur work;
. property or similar coverage far property
damage to premises that you rent, lease.
or borrow from others, other than
NO. 293
P.30/31
r?:3 ? <11)0
1b8SrRlul
premises you rant for a period of seven
or fewer consecutive days;
. aircraft, auto, or watercraft bodily injury
or property damage coverage; or
. protection for you as an additional insured
or additional protected person.
We explain how we'll apply this agreement
as excess insurance in the When this
agreement is excess insurance section.
Aircraft, auto. or watercraft bodily injury
or property damage coverage means
coverage for bodily injury or property
damage that:
. results from the maintenance, use,
operlltion, or loading or unloading of any
aircraft, auto, Or watercraft; and
. isn't specifically excluded by the Aircraft,
Auto, or Watercraft exclusions In this
agreement.
We explain the term your work in the
Products and completed work total limit
section,
When this agreement is excess insurance.
When this agreement is excess insurance, we
won't have a duty to defend the protected
person against the part or parts of any
claim or suit for which any other insurer has
the duty to defend that protected person.
However, we'll defend the protected person
against a claim or suit for injury or damage
covered by this agreement if no other
insurer will do so. In return we'll require
that we be given all of that protected
person's rights against each such insurer.
Also, we'll pay only the amount of damages
that's in excess of:
. the total amount that all such other
insurance would pay if this agreement
didn't exist; and
. the total of all deductible and self'insured
amounts under all such other insurance.
But we won't pay more than the limits of
coverage that apply under this agreement.
Methods Df maring. We'll use one of the
methods of sharing described below.
Contribution by equal shares. If 1111 of the
other insurance permits contribution by equal
47150 Rev. 7-01 Printed in U.S.A. Insuring Agreement
IIÞSt.Paul Fire and Marine Insurance Co. 2001 All Rights Reserved
Page 27 of 28
.; ,,' ~R. 5.2004
3: 30PM
1heSfRwl
shares, we'll share the damages equally. But
we won't pay more than the limits of
coverage that apply under this agreement.
If any polley reaches its limit before the
entire amount of dam"ges is paid, the
rem"ining policies will share the balance
equally until their limits have been used up
or the amount of the damages is paid in
full. For example:
You are required /:1y a court to pay
damages of $1,000,000. Besides this,
sgreement, two other policies apply to the
judgment. The limit under this agreement
Is $500,000, Policy B has a $100,000
limit and Policy C's limit Is $300,000.
First, $100,000 Is subtracted from each
polícy'S limit because that /s the lowest
limit provided /Yo¡ any of the three policies.
The result is Policy Us limit is used up.
the balance due on the judgment is
$700,000, $400,000 remains of this
agreement's limit, and the unused portion
of Policy C's limit equals 5200,000.
Next, $200,000 Is subtracted from the
limit under this agreement and Policy C
because that amount equals the smallest
amount of limIt remaining on either policy
after the initial $100,000 payment. The
result is Policy C's limit is used up, the
balance due on the judgment is now
NO.293
P.31/31
$300,000, and this agreement has
$200.000 of its limit remaining.
Finally, the rest of the limit under this
agreement is paid. The result is this
agreement's limit is used up and the
balance due on the judgment is now
$700,000, which you must pay. The total
paid under each policy is $500,000 this
agreement, $100,000 Policy B, and
$300,000 Policy C.
Contribution by limits. If any of the other
Insurance doesn't permit contribution by
equal shares, we'll pay the portion of the
damages that is equal to our percentage of
the total of all limits that apply, But we
won't pay more than tha limits of coverage
that apply under this agraement. For
example:
You are required /:1y a court to pay
damages of $600,000. Besides this
agreement, aoother policy applies to the
judgment. The limit under this agreement
is $300,000. Policy B has a $100,000
limit. The total limit of all insurance Is
$400.000.
Our limit Is 75% ($300,000/$400,000) of
the total limit. But we waITt pay 75% of
the judgment because that $450,000 share
is more than our limit. We'll pay only our
limit. which is $300,000.
~ 3¿;lJo
47150 Rev. 7-01 Printed In U.S.A..
Cle~e .", ~. .", "'C::+l'a" Fir.. ~nrl lVI,.rin.. In"uranc.. Ct>. 2001 .6.11 Riahts Reserved
ACORD,. CERTIFICATE OF LIABILITY INSURANCE T DATE (MM/DD/YY)
3114105
PRODUCER ?~-244-1 343 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
UNDERWRITERS SAFETY & CLA S ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
1700 EASTPOINT PARKWAY HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
P.O. BOX 23790
LOUISVILLE, KY 40223 INSURERS AFFORDING COVERAGE
INSURED Appriss Inc. INSUR8.R A: ST. PAUL FIRE & MARINE INS.
10401 Linn Station Rd, Ste 200 INSURER B:
Louisville KY 40223-3842 INSURfR c:
INSURER 0:
, INSURER E;
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLlCY 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
I~~: TYPE OF INSURANCE POLICY NUMBER ~~!:?" EfFECTIVE POliCY EXPIRATION LIMITS
A ~NERAL LIABILITY TEOOB01309 3115/05 3/15106 EACH OCCURRENCE $ 1000000
X COMMERCIAL GENERAL LIABILITY FIRE DAMAGE IAny one tire) $ 1000000
I CLAIMS MADE W OCCUR MED EXP (An'l one person! , 10000
- PERSONAL & ADV INJURY $ 1000000
- GENERAL AGGREGATE $ 2000000
~'L AGGREFi LIMIT APn ~ER PRODUCTS - COMP/OP AGG $ 2000000
POLICY \~9T lOC
A ~TOMOBILE LIABILITY TE00801309 3/15/05 3/15106 COMBINED SINGLE LIMIT 1000000
IEaaccidentl ,
- ANY AUTO
- All.. OWNED AUTOS APPROVED A ~ TO FORl\1 BODILY INJURY
$
SCHEDULED AUTOS *r~1 (Per person)
- -l
tl'- HIRED AUTOS SOOIL Y INJURY
:~~ $
tl'- NON OWNED AUTOS iPeraccidentl
/'Laura Stit Shced
f-- PROPERTY DAMAGE $
Assistant Cit Att me\ Weraccident)
RAGE LIABILITY AU,O ONLY - EA ACCIDENT ,
ANY AUTO OTHER THAN EA ACC $
AUTO ONLY: AGG $
A EXCESS LIABILITY TE00801309 3/15/05 3/15/06 EACH OCCURRENCE $ 10000000
~-OCCUR 0 CLAIMS MADE AGGREGATE $ 10000000
$
8 ~EDUCTI8LE $
X RETENTION $ 10000 $
A WORKERS COMPENSATION AND WVA0803235 3/15/05 3/15/06 X I Tvg~ySI~Ns I 10TH-
ER
EMPLOYERS' LIABILITY 500000
E,l. EACH ACCIDENT $
E.L. DISEASE EA EMPLOYEE $ 500000
E.l. DISEASE - POlleY LIMIT $ 500000
A OTHER TE00801309 3/15/05 3/15/06
TECHNOLOGY ERRORS $2.000,000 EACH OCCURRENCE
& OMISSIONS $2000000 AGGREGATE
DESCRIPTION OF OPERATIONS/LOCATIONSIVEHIClESIEXCLUSIONS ADDED 8Y ENDORSEMENT/SPECIAL PROVISIONS
COUNTY OF ORANGE NAMED AS ADDITIONAL INSURED
CERTIFICATE HOLDER I I ADDITIONAL INSURED; INSURER LETTER: CANCEL LA TION
INSURANCE DESK SHOULO ANY OF THE ABO\lE DESCRIBED POUCIES 8E CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN
SHERIFF/PURCHASING/2ND FLOOR NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHAll
#60 CIVIC CTR PLZ PO BOX 1981 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
SANTA ANA CA 92703 ~ATIVES.
AUTH ~W;~
,
ACORD 25-5 (7/97)
5- 59
@ ACORD CORPORA nON 1988
,
ACORD,. CERTIFICATE OF LIABILITY INSURANCE I DATE (MMfDDIYYI
3/09106
PRODUCER T~-244-1 343 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
UNDERWRITERS SAFETY & CLA S ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
1700 EASTPOINT PARKWAY HOLDER. THIS CERTIFICATE DOES NOT AMEND. EXTEND OR
ALTER THE CDVERAGE AFFORDED BY THE POLICIES BELOW.
P.O. BOX 23790
LOUISVILLE. KY 40223 INSURERS AFFORDING COVERAGE
INSURED tJ-~03-11;;L INSURER A: ST. PAUL FIRE & MARINE INS.
Appriss Inc.
d-/J.l;L-iJS5 INSURER B:
10401 Linn Station Rd, Ste 200 N -. '-I ;;.0/ INSURER C
Louisville KY 40223-3842 IJ - ;:).00 c' <J I
IV - ;)..00.....)- I INSURER 0:
, N . ;;;'oal-~ /59 INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLlCY 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
I~+>: TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS
A ~NERAL LIABILITY TE00801309 3/15/06 3115/07 EACH OCCURRENCE $ 1 000000
X COMMERCIAL GENERAL LIABILITY FIRE DAMAGE (Anyone fire) , 1000000
I CLAIMS MADE Q OCCUR MED EXP lAny one person) $ 10000
f- PERSONAL & ADV INJURY $ 1000000
- GENERAL AGGREGATE $ 2000000
~'l AGGREn LIMIT APn PER: PRODUCTS - COMP/OP AGG , 2000000
POLICY ~~,QT lOC
A ~TOMOBILE LIABILITY TE00801309 3/15106 3/15107 COMBINED SINGLE LIMIT
(Eaaccidentl , 1000000
'-- ANY AUTO
- All OWNED AUTOS BODilY INJURY
,
SCHEDULED AUTOS (Perpersonj
-
.1S.. HIRED AUTOS BODilY INJURY
,
.1S.. NON.OWNED AUTOS (Per accident)
- PROPERTY DAMAGE ,
IPeraccidentj
-=lAGE LIABILITY AUTO ONLY - EA ACCIDENT ,
ANY AUTO OTHER THAN EA ACC ,
AUTO ONLY: AGG ,
A EXCESS LIABILITY TE00801309 3115/06 3/15107 EACH OCCURRENCE , 10000000
~"OCCUR D CLAIMS MADE AGGREGATE $ 10000000
,
~ DEDUCTIBLE $
X RETENTION $ 10000 $
A WORKERS COMPENSATION AND HHUB3515C42906 3115/06 3/15107 X I T~~ySI~~s I I Ol~-
EMPLOYERS' LIABILITY
E.L EACH ACCIDENT , 500000
E.l. DISEASE - EA EMPLOYEE , 500000
E.l. DISEASE - POLICY LIMIT , 500000
A OTHER TE00801309 3/15/06 3/15107
TECHNOLOGY ERRORS $2.000.000 EACH OCCURRENCE
& OMISSIONS $2000000 AGGREGATE
DESCRIPTION OF OPERATIONStlOCATIONS/VEHIClEStEXClUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
COUNTY OF ORANGE NAMED AS ADDITIONAL INSURED
~~
CERTIFICATE HOLDER I I ADDITIONAL INSURED; INSURER lETTER: CANCELLATION
INSURANCE DESK SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCellED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WIll ENDEAVOR TO MAIL --N. DAYS WRITTEN
SHERIFF/PURCHASINGI 2ND FLOOR NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE lEFT, BUT FAilURE TO DO SO SHAll
#60 CIVIC CTR PLZ PO BOX 1981 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
SANTA ANA CA 92703 REPRE~TATIVES.
AUTH'~~W ;~
ACORD 25-S 17/97)
5- 59
@ ACORD CORPORATION 19B8
IMPORTANT
If the certificate holder is an ADDiTIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
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).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACORO 25-5 17/971
.
A CORD,. CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYI
3/13/07
PRODUCER y02-244-1343 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
UNDERWRITERS SAFETY & CLA MS ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
1700 EASTPOINT PARKWAY HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
P.O. BOX 23790
LOUISVILLE, KY 40223 INSURERS AFFORDING COVERAGE
INSURED INSURER A: ST. PAUL FIRE & MARINE INS.
Appriss Inc.
10401 Linn Station Rd, Ste 200 INSURER B:
Louisville KY 40223-3842 INSURER c:
INSURER D:
INSURER E:
COVERAGES
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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
II~~: TYPE OF INSURANCE POLICY NUMBER ~~;!P EFFECTIVE POLICY EXPIRATION LIMITS
A GENERAL LIABILITY TE00801309 3/15/07 3/15/08 EACH OCCURRENCE , 1000000
r-
X COMMERCIAL GENERAL LIABILITY FIRE DAMAGE (Anyone lire) , 1000000
I CLAIMS MADE W OCCUR MED EXP (Anyone person) , 10000
- PERSONAL & ADV INJURY , 1000000
- GENERAL AGGREGATE , 2000000
~<l AGGREFl ~IMIT APFl PER: PRODUCTS - COMP/OP AGG , 2000000
POLICY ~~9T LOC
A AUTOMOBILE LIABILITY TE00801309 3/15/07 3/15/08 COMBINED SINGLE liMIT
~ lEa accident) , 1000000
- ANY AUTO
~ All OWNED AUTOS BODilY INJURY
,
SCHEOUlED AUTOS IPerperson)
-
.lS.. HIRED AUTOS BODilY INJURY
,
.lS.. NON-OWNED AUTOS IPeraccident)
PROPERTY DAMAGE ,
IPeraccident)
RAGE LIABILITY AUTO ONLY - EA ACCIDENT ,
ANY AUTO OTHER THAN EA ACC ,
AUTO ONLY: AGG ,
A EXCESS LIABILITY TE00801309 3/15/07 3/15/08 EACH OCCURRENCE , 10000000
r:KJ OCCUR 0 CLAIMS MAOE AGGREGATE , 10000000
,
R DEDUCTIBLE $
X RETENTION , 10000 ,
A WORKERS COMPENSATION AND HHUB3515C42905 3/15/07 3/15/0B X,J T~~Jr~~s I I OJ~-
EMPLOYERS' LIABILITY EACH ACCIDENT '
E,L. , 500000
E.L. DISEASE - EA EMPLOYEE , 500000
E.L. DISEASE - POLICY LIMIT , 500000
A OTHER TE00801309 3/15/07 3/15/0B
TECHNOLOGY ERRORS $2,000,000 EACH OCCURRENCE
& OMISSIONS $2000000 AGGREGATE
DESCRIPTION OF OPERATIDNSfLOCATIONSIVEHICLESfEXClUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
COUNTY OF ORANGE NAMED AS ADDITIONAL INSURED
\~
'T~;fl.N~
~v /
CERTIFICATE HOLDER I I ADDITIONAL INSURED; INSURER LETTER: CANCELLATION
INSURANCE DESK SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN
SHERIFF/PURCHASING/2ND FLOOR NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAilURE TO DO SO SHALL
#60 CIVIC CTR PLZ PO BOX 1981 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
SANTA ANA CA 92703 REPRE.oSP/IITATIVES.
AUTH'=:t~W -f~
ACORD 25-S (7/97)
5- 59
@ ACORD CORPORATION 19BB