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HomeMy WebLinkAboutIRON MOUNTAIN INFORMATION MANGEMENT, LLC INSURANCE NOT ON FILE N-2025-160 WORK MAY NOT PROCEED IRON CITY CLERK DATE` JUL 03202 MOUNTAIN` CUSTOMER AGREEMENT IRON MOUNTAIN INFORMATION MANAGEMENT,LLC Address of Iron Mountain Branch/District Office: FOR IRON MOUNTAIN PURPOSES ONLY 3 Account Number:26XFF NAILS Code: Branch/District Cost Ctr.No.: Contract Effective Date: May 1,2025 CUSTOMER: City Of Santa Ana BILLING ADDRESS(If Different): Street Address:20 Civic Center Plaza,M-34 Street or Box No.: City: Santa Ana State: Zip+4: 92701 City: State: Zip+4: CA Primary Contact and Title:Aarti Kaushal Billing Contact: Telephone: Fax' Telephone: Fax: E-mail: akaushal@santa-ana.org E-mail:. Iron Mountain Information Management, LLC("Iron Mountain"or"IM")will perform the services described on schedules annexed to this Agreement, either physically or by reference(each a"Schedule"),and Customer will pay IM for such services according to the rates and provisions in the Schedules. All services will be provided subject to this Agreement,which consists of this page,the Basic Terms and Conditions,the Schedules and the Glossary of terms that can be found at https://www.ironmountain.com/support/how-it-works. VALUE OF DEPOSITS. Customer declares, for the purposes of this Agreement, that (a)with respect to hard-copy (paper) records, other materials,microfilm and microfiche stored pursuant to this Agreement,the value of such stored items is one dollar(S1.00) per carton,linear foot of open-shelf files,container or other storage unit,and(b)with respect to round reel tape, audio tape,video tape,film, data tape,cartridges or cassettes or other non-paper media stored pursuant to this Agreement,the value of such stored items is equal to the cost of replacing the physical media. Customer acknowledges that it has declined to declare an excess valuation,for which an excess valuation fee would have been charged. LIMITATION OF LIABILITY. IM's liability,if any,for loss or destruction of,or damage to,materials stored with IM("Deposits")is limited to the value of each Deposit as described above, or as otherwise set forth herein. IM's maximum liability with respect to services not related to storage is the amount paid by Customer for a discrete project or,if the loss is related to service of an ongoing and continuing nature,six(6)months of fees paid by Customer for such service. Other limitations on IM's and/or Customer's liability are set forth on the following pages. CUSTOMER:City Of Santa Ana IRON MOIINTAIN: Individual Signing:Alvaro Nunez Individual Signing: (print namel [print name] Signature: Signature: G n l l Jennifer Baxter- —1 Iligitally signed by See attached signature page �Baxter ° Title:City Manager Title: 10:07:58-04'00' Signing Date: Signing Date: In order to keep Customer apprised of IM's service offerings, new regulations that may be of interest to customers and similar information, INI will add Customer's representative to its inforniational mailing list, if an email address is provided above,to receive newsletters and communications through email or postal delivery. Customer may elect to unsubscribe anv titne after receiving the first newsletter or communication. IM-5000 rev. 11/l/2022 �D 2022 Iron Mountain incorporated Page I of BASIC TERMS AND CONDITIONS The following terms and conditions shall apply to this Agreement. 1. Term. The term of this Agreement shall commence on the date of Customer's signature or, if later,the Effective Date set forth on the first page of this Agreement. The initial term of this Agreement shall continue for one(1)year after commencement. Upon expiration of the initial term,the term will continue with automatic renewals for additional one (1) year terms, unless written notice of non-renewal is delivered by either party to the other not less than ninety (90) days prior to the expiration date. In the event that IM continues to hold Deposits after the expiration or termination of this Agreement, the terms of this Agreement shall continue to apply until all Deposits have been removed from IM's facility, except that IM may adjust rates upon thirty(30)days' written notice. 2. Charges. Rates and charges shall be as specified in the Pricing Schedule(Schedule A) and/or other Schedules. Rates and charges for storage and services shall remain fixed for the first year of service by IM,and may thereafter be changed by IM upon thirty (30)days' notice. Transportation surcharges apply and change monthly without notice in accordance with IM's fuel surcharge policy, which may be found at https://www.ironmountain.com/support/how-it- works/resources/transportation/fuel-surcharge/us-fuel-surcharge. Customer requests requiring IM to alter its standard operations,billing or collections policies or procedures may be denied and if approved,subject to additional charges. _.. . 3.. Customer Instructions. Customer warrants that it is the.ow_n_er.or legal.custodian of the Deposits.and.has full authority to store and direct their disposition in accordance with this Agreement. IM will perform services pursuant to the direction of Customer's agent(s) identified pursuant to IM's standards. Authority granted to any persons on standard authorization forms shall constitute Customer's representation that the identified persons have full authority to order any service, including disposal or removal of Deposits. Such orders may be given in person, by telephone or by email. Customer releases IM from all liability related to the destruction of materials pursuant to Customer's authorization. 4. Operational Procedures. Customer shall comply with IM's reasonable operational requirements, as modified from time to time, regarding cartons, carton integrity, delivery/pickup/account closing volumes, preparation for pickup, security, secure shredding protocols, access and similar matters. Extraordinary volume requests (defined as 125% of the average volume over the immediately preceding three month period)may involve additional costs,such as overtime, which Customer will pay at IM's overtime rates,provided Customer consents to such costs in advance. 5. Force Majeure. Neither party shall be liable for delay or inability to perform caused by acts of God, governmental actions, labor unrest, acts of terrorism, riots,unusual traffic delays or other causes beyond its reasonable control. 6. Governmental Orders. IM is authorized to comply with any subpoena or similar order related to the Deposits, at Customer's expense,provided that IM notifies Customer promptly upon receipt thereof,unless such notice is prohibited by law. IM will cooperate with Customer's efforts to quash or limit any subpoena,at Customer's expense. 7. Confidentiality. "Confidential Information" means any information concerning or relating to the property, business and affairs of the party disclosing such information that is furnished to the receiving party, and regarding this Agreement, its Schedules and IM's processes and procedures; except for information that was previously known to the receiving party free of any obligation to keep it confidential, is subsequently made public by the disclosing party or is disclosed by a third party having a legal right to make such disclosure. Confidential Information shall be used only in the manner contemplated by this Agreement and shall not be intentionally disclosed to third parties without the disclosing party's written consent, except as authorized in Section 6. IM shall not obtain any rights of any sort in or to the Confidential Information of Customer contained in Deposits. IM shall implement and maintain reasonable safeguards designed to protect Customer's Confidential Information. S. Limitation of Liability. a. Liability for Loss or Damage to Deposits. IM shall not be liable for any loss or destruction of, or damage to, Deposits, including costs resulting from a loss of a Deposit constituting a breach of data security or confidentiality, unless such loss or damage resulted from IM's negligence. If liable, the amount of IM's liability is limited as provided on the first page hereof. Deposits are not insured by 1M against loss or damage, however caused. Customer may insure Deposits through third-party insurers for any amount. Customer shall cause its insurers of Deposits to waive any right of subrogation against IM. b. Liability for Non-Storage Services. With respect to services not related to the storage of Deposits, IM shall not be liable for any loss or default, including direct damages resulting from a breach of data security or confidentiality, unless such loss or default is due to the negligence of IM. IM shall not be liable for the loss of contents of shredding bins unless and until the contents are in the custody and control of.IM and only to the extent caused by IM's negligence. If liable under this subsection(b),the amount of IM's liability is limited as provided on the first page hereof. IM-5000 rev. 11/1/2022 OO 2022 Iron Mountain Incorporated Page 2 of 4 c. No Consequential Damages. In no event shall either party be liable for any consequential, incidental, special or punitive damages,or for loss of profits or loss of data,regardless of whether an action is brought in tort,contract or under any other theory. 9. ITAR/7rAR Compliance. Customer will not provide IM with any.Deposits(including goods,software,services,and/or technical data)that contain technical information regarding defense articles or defense services within the meaning of the U.S. International Traffic in Arms Regulations ("]TAR"), or technical data within the meaning of the U.S. Export Administration Regulations ("EAR"), or are otherwise subject to export restrictions under applicable export control regulations, including ITAR and the EAR. If during the term of the Agreement Customer determines that it can no longer comply with this Section, Customer must immediately notify IM in writing. Customer shall take no action that causes IM to be non-compliant with applicable export control laws and regulations as it relates to the Deposits. 10. Non-Custodial Status. Unless IM shall have explicitly agreed in writing,IM's performance of services shall not cause IM to be deemed a"custodian" of records or "designee" of Customer under state or federal law with respect to such records. 11. Notice of Claims. Claims by Customer must be presented in writing within a reasonable time, in no event longer than ninety(90) days after delivery or return of the Deposits to Customer,or ninety(90) days after Customer is notified of loss,damage or destruction to part or all of the Deposits. 12. Notice-of Loss..Upon confirmation by IM of.the event, any loss, damage or destruction of the Deposits, or any unauthorized disclosure which risks the confidentiality of the Deposits, shall be communicated to Customer without undue delay. 13. Payment Terms. Payment terms are net, thirty (30) days from invoice date unless otherwise specified in the Pricing Schedule(Schedule A)and/or other Schedules.Customer shall be liable for late charges totaling one and a half percent (1.5%) per month of the outstanding balance unless otherwise specified in the Pricing Schedule (Schedule A) and/or other Schedules. Invoices will be sent electronically in IM's standard format via IM's standard delivery system to Customer.Customer shall provide written notice of any charges it disputes on an invoice no later than fifteen(15)days after the invoice date.Any credit issued will appear on the next invoice. Payment of the invoice in full will constitute agreement with the terms and charges of the invoice.All payments must be electronic payment. At any time during the term of this Agreement,IM may require Customer to enroll in autopay.Autopay will be required for customers who are consistently late payers or customers who meet our revenue thresholds. Any change to the IRM standard electronic payment method must be approved by IM.All payments shall include a remittance document identifying the IM invoices to which the payment relates.Prior to delivery of Deposits upon expiration,termination, or substantial withdrawal, IM. will require full payment in advance. 14. Customer Default. If Customer fails to pay IM's charges (other than disputed charges) 60 days after the date of an invoice, IM may suspend service. If Customer fails to pay IM's charges (other than disputed charges) for three (3) months after the due date of the invoice, IM may securely destroy Deposits, provided IM shall have provided ninety (90) days' written notice to Customer and Customer shall pay IM's standard price for such destruction. Customer will be responsible and reimburse IM for any costs incurred by 1M in collecting overdue amounts,including the use of third parties and reasonable attorneys' fees.IM shall have other rights and remedies as may be provided by law. In the event 1M takes any actions pursuant to this Section 14,it shall have no liability to Customer or anyone claiming by or through Customer. 15, Termination. Either party may terminate this Agreement upon written notice to the other party in the event that the other party materially breaches the Agreement and fails to cure such default within forty-five (45) days after written notice of such default, subject to payment of the fees/charges set forth in the applicable Schedule(s). Upon the occurrence of the bankruptcy or insolvency of either party that is not discharged within sixty(60) days following any filing thereof, the other party may terminate this Agreement immediately. if Customer's financial performance materially deteriorates, 1M may suspend performance and/or modify Customer's payment terms. 16. Safe Materials and Premises. Customer shall not store with IM or place in shredding bins any material that is highly flammable,may attract vermin or insects, is otherwise dangerous or unsafe to store or handle,or is regulated by federal or state law or regulation relating to the environment or hazardous materials. Customer shall not store (or place in shredding bins) negotiable instruments,jewelry, check stock or other items that have intrinsic value. Customer shall only place paper-based materials in the shredding bins. Customer warrants and covenants that its premises where IM employees perform services (including pickups and deliveries) are and shall be free of hazardous substances or dangerous conditions. Customer shall reimburse 1M for damage to equipment or injury to personnel resulting from Customer's breach of this Section 16. 17. Purchase Orders. If a purchase order is required by Customer for payment, Customer shall issue an accurate and complete purchase order through IM's standard mediums prior to performance by IM of services. Customer will be responsible for keeping all necessary purchase order information up to date. If Customer rejects any IM invoice as a IM-5000 rev, I t/1/2022 0 2022 Iron Mountain Incorporated Page 3 of 4 result of an inaccurate,invalid,incomplete or expired purchase order,Customer shall correct such purchase order within forty-eight hours of request by IM. In this case,the original payment due date shall apply. In the event that Customer issues a purchase order to IM covering the services provided under this Agreement, any terms and conditions set forth in the purchase order which are in addition to or establish conflicting terms and conditions to those set forth in this Agreement are expressly rejected by IM. 18. Miscellaneous. IM may subcontract its obligations under this Agreement, in whole or in part,to an affiliate.Neither party may assign this Agreement in whole or in part,except to an affiliate,without the prior written consent of the other party.An affiliate means any entity controlling,controlled by,under common control with,or having a common parent with IM or Customer.Any notice made pursuant to this Agreement may be given in writing at the addresses set out on the first page hereof until written notice of a change of address has been received. Notices to IM shall be sent to the attention of its General Manager. IM may exercise all rights granted to warehousemen by the Uniform Commercial Code as adopted in the state where the Deposits are stored. In the event of inconsistency between these Basic Terms and Conditions and a Schedule, the Basic Terms and Conditions shall prevail as to the services covered thereby. Customer represents and covenants that upon the Effective Date of this Agreement and throughout the term of this Agreement, that: (i) it is not identified on any restricted party lists; or located in countries identified on any restricted country lists; or using the goods or services for any restricted end uses; including those promulgated by the U.S. Departments of.State, Commerce.and Treasury; and ( i) it is and..shall..remain compliant with all laws and regulations applicable to its performance under this Agreement,including but not limited to export control and economic sanctions, will not take any action that will cause IM to be in violation of such laws and regulations, and will not require IM to directly or indirectly take any action that might cause it to be in violation of such laws and regulations. IM may immediately terminate this Agreement in the event Customer breaches or IM reasonably believes that Customer is in breach of Section 18 (i) or the export control and economic sanctions obligations set forth in Section 18 (ii). This Agreement shall be governed by the laws of the state in which Customer's office identified in this Agreement is located except for conflicts of laws principles. 19. Entire Agreement. The terms contained in this Agreement, together with any schedules and/or statements of work, constitute the entire understanding of the parties with respect to the transactions and matters contemplated hereby and supersede all previous communications, representations, agreements and understandings relating to the services provided by IM to Customer with respect to the subject matter hereof IM-5000 rev. 11/1/2022 C 2022 Iron Mountain Incorporated Page 4 oN SCHEDULE A: PROGRAM PRICING SCHEDULE ►►►No.►►►►►►►rr►►►►►►►►►►►►►►►►►►►►►►►►►►►►►►►►r►►►►r►►►r►►►►►rr► RECORDS MANAGEMENT This Records Management Pricing Schedule is incorporated into and made part of the Customer Agreement ("Agreement") between Iron Mountain Information Management, LLC, (the"Company"or"Iron Mountain") and City Of Santa Ana Department Of Ris (the"Customer"). Please see our Customer Information Center at https://www.ironmountain.com/support/how-it-works for a Glossary with definitions of the terms used in this Pricing Schedule and more detail regarding our services, standard processes, and billing practices. In addition, restrictions apply to volume and/or stated timeframes for some service transaction types and these may be found in the Glossary under each service type. This Records Management Pricing Schedule supersedes and terminates any prior Records Management Pricing Schedule and/or Schedule A existing between Iron Mountain and the Customer for the accounts noted below. All other Records Management services not specifically listed on the Schedule A will be charged at Iron Mountain's then current rates. Notwithstanding anything to the contrary in the Agreement,the pricing set forth in this Schedule or the Agreement will be effective on the later of(i)the date on which the Agreement is signed by both parties; (ii) the Agreement Effective Date; or(iii)the Effective Date of this Schedule. In accordance with Iron Mountain's standard billing practices, Iron Mountain shall invoice Customer at the rates and charges set forth in this Schedule beginning on the first day of the monthly Billing Cycle in which such date falls, or the following Billing Cycle if the date falls at the end of the month. CITY OF SANTA ANA DEPARTMENT OF RIS District Name/Number: Multi-District I Customer ID: 26XFF Effective Date: May 1, 2025 ironmountain.com 11.800.899.IRON (4766) Page 1 of 6 IRON MOUNTAIN RECORDS MANAGEMENT ►IN.►►►►►►►►►►►►►►►►►►►►►►►►►►►►►►►►►►►►►►►►►►►►►►►►►►►►►►►►►►►►► PRICING FOR CORE SERVICES Standard Storage and Services (SEE:https:Ilwww.ironmountain.comisupporuhow-it-works FOR SERVICE DEFINITIONS) f- . . , Carton Storage $1.055 Cubic Foot Carton Storage, New $1.055 Cubic Foot Receiving and Entering-Carton $6.30 Cubic Foot Regular Retrieval-Carton $7.47 Cubic Foot Regular Retrieval-File from Carton $10.39 File Regular Refile-Carton $7.47 Cubic Foot Regular Refile-File to Carton $10.39 File Archival Destruction-Carton $11.53 CIF plus Regular Retrieval Charge and Handling Charge Transportation Zone 1 $92.04 Visit plus Handling Charge Transportation Zone 2 $113.24 Visit plus Handling Charge Transportation Zone 3 $130.20 Visit plus Handling Charge Transportation Zone 4 $145.04 Visit plus Handling Charge Transportation Zone 5 $145.04 Visit plus Handling Charge Transportation Zone 6 Call for a quote Visit plus Handling Charge Transportation Zone Metro $107.94 Visit plus Handling Charge Transportation Zone NY Metro $113.24 Visit plus Handling Charge Handling Charge $7.00 Cubic Foot Premium Storage and Services(SEE:https:llwww.ironmountain.com/support/how-it-works FOR SERVICE DEFINITIONS) Description File plus Regular Retrieval Charge and.$1045 Archival Destruction-File from Carton Handling Charge Permanent Withdrawal -File from Carton $4.91 File plus Regular Retrieval Charge Permanent Withdrawal -Carton $11.00 CF plus Regular Retrieval Charge and Handling Charge Rush Retrieval-Carton $13.67 Cubic Foot Rush Retrieval-File from Carton $18.22 File Regular Interfiile-Carton $16.62 Each Expedited Transportation-Zones 1, 2,3, Metro, Metro NY *20% Visit Upcharge Transportation Rush $200.99 Visit plus Handling Charge Rush Delivery-Weekends/Holidays/After Hours $403,69 Visit plus Handling Charge Miscellaneous Services-Labor $122.65 Hour Re-boxing Charge $12.33 Labor Plus New Carton Re-lid Charge $2.65 Labor Plus New Lid *Note:Expedited Transportation service will apply a 20%additional cost to the applicable Transportation Zone charge.(This Expedited Transportation is only available for Trans ortation Zones 1 2 3 Metro and NY Metro ironmountain.com 11.800.899.IRON (4766) Page 2 of 6 Other Program FeeS (SEE:https:liwww.ironmountain.com/support/how-it-works FOR SERVICE DEFINITIONS) Administrative Fee(Summary Billing) $79.45 Account ID per Month Administrative Fee(Detailed Billing) $132.45 Account ID per Month Fuel Surcharge Transportation Visit Note:Minimum Storage accounts are not charged a monthly Administrative Fee. "Note:A Fuel Surcharge is applied monthly based upon changes in the price of diesel fuel as published by the US Department of Energy.This charge is calculated monthly and included as a percentage of transportation-related service charges.The current monthly Fuel Surcharge information can be found at htti3s:1/www ironmountain.comisu ort/how-it-workslresourcesltrans ortationlfuel-surchar elus-fuel-surchar e Custom Storage and Services (SEE:https:tiwww.ironmountain.com/support/how•it-works FOR SERVICE DEFINITIONS) Descriptionct've Price Per Outside Courier/Customer Representative Handiing $11.81 Each Vaccinated Driver Surcharge $7.54 Transportation Visit Order Service Fee $15.00 Work Order Storage Minimum $264.95 Account ID per Month Minimum Service Order Charge $31.09 Order Individual List/Indexing $1.80 File RFID Z Label $1.08 Each RFID T Label $1.08 Each Standard Letter/Legal $6.35 Each Auto-Fold Letter/Legal $8.58 Each #251 Std Attached Lid $5.78 Each Image on Demand—Digital Images Scanned(in excess of the first 50 images) $0.390 Image Image on Demand—Imaging Minimum(includes first 50 images) $31.00 Order Image on Demand—Hourly Labor $122.65 Hour Image on Demand Professional Services $451.91 Hour Professional Services $451.91 Hour Note:Image on Demand is not available in all markets. If the customer's requirements differ from those described in Image on Demand—Overview within the Glossary of the Customer Information Center(https:flwww.ironmountain.com/sungort/how-it-works),then custom services are available and must be described in an agreed upon statement of work. ironmountain.com j 1.800.899.IRON (4766) Page 3 of 6 TRANSPORTATION SERVICES Do-►►►►►►►►►►►►►►►►►►►►►►►►►►►►►►►►►►►►►►r►r►►►►►►►rr►r►►►►r PICKUP & DELIVERY STANDARD DELIVERY 2 cartons or less; or 10 files or less-Order by 3:00 PM for delivery within 2 Business Days via Third Party Deliveries of 3 or more items will be delivered on a fixed weekly schedule. Fixed Weekly Schedule for your market can be determined by clicking this link: httips://www.ironmountain.com/contactizip-code-lookup EXPEDITED TRANSPORTATION Only available for Transportation Zones 1, 2, 3, Metro, and NY Metro -Order by 3:00 pm for next Business Day delivery or pickup. RUSH DELIVERY, BUSINESS DAY Order between 8:00 am and 3:00 pm, deliver within 3 hours RUSH DELIVERY, WEEKENDSIHOLIDAYS/AFTER HOURS Order after 3:00 pm or before 8:00 am, deliver within 4 hours. REGULAR PICKUP All PICK-LIPS will be serviced on a fixed weekly schedule. - Local markets will communicate fixed weekly schedules. Fixed Weekly Schedule for your market can be determined by clicking this link: htt[)s://www.ironmountain.coi-n/contar-t/zip-code-look(il) RUSH PICKUP, BUSINESS DAY Pickup orders placed before 4:00 pm on a Business Day will be picked up on the following Business Day. ironmountain.com 11.800.899.[RON (4766) Page 4 of 6 RECORDS MANAGEMENT - STANDARD IMAGE ON DEMAND (IOD) ►►►►t►►No.►►►►►►►►►►►►►►►►►►►►►►►►y►►►►►►►►►►►IN.►►►►►►►►►►►►►►►►►► This pricing included in this schedule applies specifically to the conversion on (stored) business records. Due to the complexity inherent to document conversion, additional document types may be subject to additional and/or specific pricing. Document Conversion using Image on Demand (10D): — The IOD scan rate includes up to 8-minutes of total labor for each file requested for IOD conversion, covering document preparation, scanning, quality control, standard indexing, scanning non-letter legal documents and reassembly. — Conversion work that exceeds 8-minutes per file will be charged an hourly rate in 15-minute increments (per order). — Flatbed Scanning may be required and will be invoiced at the current photocopy rate. — Standard Image on Demand Services are only available as a next day service, place order by 3:00 PM on a business day,for next Business Day. Rush or half day services are considered Custom Image on Demand Services that require a separate statement of work and subject to geographical availability. — For large volume requests (in excess of 2,000 images), one business day will be added for each 2,000 images. — Digital images and indexing data will be made available through a hyperlink delivered to the requestor via email. — Activation of IOD service is required before an order can be placed. — All pages contained in the file will be scanned. — Digital images will be scanned at 300 DPI, in black and white as a PDF multi-page image. — If the customer's requirements differ from those described in this Schedule A or the description contained in "Image on Demand—Overview"within the glossary of the Customer Information Center (httr)s://www.ironmountain.com/support/how-it-works), then those requirements are considered Custom Image on Demand Services and must be described in a separate, agreed upon statement of work. Damaged, illegible and/or odd sized documents will be scanned using a flatbed scanner, a fee will be charged for every image generated at Iron Mountain's current photocopy rate. Rates defined above do not include charges for retrieval, refile, disposition, or physical delivery of source documentation. Rates for these services are based on customer's existing rates.All other services, not specifically listed herein or quoted on a separate Schedule A, will be charged at Iron Mountain's then current rates. Appro —1u Form and F..., Cmtent tp WUN.PE 0 p.—y Suppdt—price Oak SA-121— DR-0 2641 Appi—Date 2041M25 4-P..sl H Gea d Br uns LtlNa C� :.d nay.:norms e.mm ay or Santa wa Depanm nl Rm ironmountain.com 11.800.899.IRON (4766) Page 5 of 6 ironmountain.com 1.800,899.IRON (4766) Page 6 of 6 IN WITNESS WHEREOF,the parties hereto have executed this Agreement the date and year first above written. ATTEST: CITY OF S TA ANA Jennifer L. all Alvaro Nuncz C City Manager APPROVED AS TO FORM: SONIA R. CARVALHO RECOMMENDED FOR APPROVAL: City Attorney By: Saw� �iamoz �' Laura Rossini Lori Schnaider Chief Assistant City Attorney Executive Director Human Resources Agency A� 05/09/2025/2025® CERTIFICATE OF LIABILITY INSURANCE DATEIYYYY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT MARSH USA,LLC. NAME' PHONE FAX 501 MERRITT 7 (A/C,No Ext: AIC,No): NORWALK,CT 06856 E-MAIL Attn:Norwalk.certrequest@marsh.com Fax:212-948-0929 ADDRESS: Carrier.certrequest@marsh.com INSURER(S)AFFORDING COVERAGE NAIC# CN102809999-IM-GAW-24-25 INSURERA: ACE American Insurance Company 22667 INSURED Iron Mountain Incorporated INSURER B: Indemnity Insurance Company of North America 43575 85 New Hampshire Avenue INSURER C: ACE Fire Underwriters Ins.Co. 20702 Portsmouth,NH 03801 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: NYC-011177776-10 REVISION NUMBER: 4 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDLSUBRTYPE OF INSURANCE INSD WVD POLICY NUMBER POLICY EFF POLICY EXP LTR MM/DDIYYYYI iMMIDDIYYYYI LIMITS A X COMMERCIAL GENERAL LIABILITY HDO G48938413 11/01/2024 11/01/2025 EACH OCCURRENCE $ 1,000,000 RENTEDDAMAGE TO CLAIMS-MADE X� OCCUR FIR SES(Ea."; Ea occrre... $ 1,000,000 MED EXP(Any one person) $ 25,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY❑ JECT PRO ❑ LOC PRODUCTS-COMP/OPAGG $ 1,000,N 000 OTHER: $ A AUTOMOBILE LIABILITY ISAH11364305 11/01/2024 11/01/2025 COMBINED SINGLE LIMIT $ 2,000,000 Ea accident X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTYDAMAGE $ AUTOS ONLY AUTOS ONLY Per accident L $ UMBRELLALIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ B WORKERS COMPENSATION WLR C72608069(AOS) 11/01/2024 11/01/2025 X PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER C YIN SCFC72608100 W 11/01/2024 11/01/2025 1,000,000 ANYPROPRIETOR/PARTNER/EXECUTIVE ( ) E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N❑ NIA (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ A EXCESS WORKERS COMPENSATION WCU C72608148(OH&WA) 11/01/2024 11/01/2025 Each Accident/Emp for Disease 1,000,000 AND EMPLOYERS LIABILITY SIR 500,000 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) The City of Santa Ana,its officers,officials,employees,and volunteers are additional insured with respects to General Liability,but only to the extent of Iron Mountain's liabilities agreed to under the written agreement or contract with certificate holder,and only as it relates to services and limits required by written agreement or contract. This insurance is primary and non-contributory over any existing insurance as it pertains to the general liability and limited to liability arising out of the operations of the named insured and where required by written contract. Tu Tran Digitally signed by Tu Tran Nguyen Nguyen Date:2025.06.19 APPROVED 08:28:32-07'00' [By Tu Tran Nguyen at 8:28 am,Jun 19,2025 CERTIFICATE HOLDER CANCELLATION City of Santa Ana SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 20 Civic Center Plaza THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Santa Ana,CA 92701 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE @ 1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. Page 2 of 2 © Insurance Services Office, Inc., 2018 CG 20 10 12 19 POLICY NUMBER: HBO G48938413 Endorsement Number: COMMERCIAL GENERAL LIABILITY CG 20 10 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE REAL] IT CAREFULLY. ADDITIONAL INSURED -- OWNERS, LESSEES OR CONTRACTORS -- SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location(s) Of Covered Operations Any Owner, Lessee or Contractor whom you have All locations where you are performing ongoing agreed to include as an additional insured under a operations for such additional insured pursuant to any written contract, provided such contract was executed such written contract. prior to the date of loss. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following additional organization(s) shown in the Schedule, but only exclusions apply: with respect to liability for "bodily injury", "property This insurance does not apply to 'bodily injury" or damage" or "personal and advertising injury" "property damage"occurring after: caused, in whole or in part, by: 1. All work, including materials, parts or 1. Your acts or omissions; or equipment furnished in connection with such 2. The acts or omissions of those acting on your work, on the project (other than service, behalf; maintenance or repairs) to be performed by or in the performance of your ongoing operations for on behalf of the additional insured(s) at the the additional insured(s) at the location(s) location of the covered operations has been designated above. completed; or However: 2. That portion of "your work" out of which the injury or damage arises has been put to its 1. The insurance afforded to such additional intended use by any person or organization insured only applies to the extent permitted by other than another contractor or subcontractor law; and engaged in performing operations for a 2. If coverage provided to the additional insured is principal as a part of the same project. required by a contract or agreement, the C. With respect to the insurance afforded to these insurance afforded to such additional insured additional insureds, the following is added to will not be broader than that which you are Section III— Limits Of Insurance: required by the contract or agreement to provide for such additional insured. If coverage provided to the additional insured is required by a contract or agreement, the most we CG 20 10 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 2 POLICY NUMBER: HDO G48938413 Endorsement Number: COMMERCIAL GENERAL LIABILITY CG20371219 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTSICOMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations Any person or organization whom you have agreed to All locations where you perform work for such include as an additional insured under a written additional insured pursuant to any such written contract, provided such contract was executed prior to contract. the date of loss. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section Il — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following is added to organization(s) shown in the Schedule, but only Section III—Limits Of Insurance: with respect to liability for "bodily injury" or If coverage provided to the additional insured is .'property damage" caused, in whole or in part, by required by a contract or agreement, the most we "your work" at the location designated and will pay on behalf of the additional insured is the described in the Schedule of this endorsement amount of insurance: performed for that additional insured and included in the"products-completed operations hazard". 1• Required by the contract or agreement;or However: 2. Available under the applicable limits of 1. The insurance afforded to such additional insurance; insured only applies to the extent permitted by whichever is less. law; and This endorsement shall not increase the 2. If coverage provided to the additional insured is applicable limits of insurance. required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 37 12 19 0 Insurance Services Office, Inc., 2018 Page 1 of 1 (MMI A�® CERTIFICATE OF LIABILITY INSURANCE 71T2 3/202 DIYYYY) 3/2025 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT MARSH USA,LLC. NAME' PHONE FAX 1166 Avenue of the Americas (A/C,No Ext: A/C,No New York,NY 10036 E-MAIL Attn:Norwalk.certrequest@marsh.com Fax:212-948-0929 ADDRESS: Carrier.certrequest@Marsh.com INSURER(S)AFFORDING COVERAGE NAIC# CN102809999-IM-GAWU-25-26 INSURERA: ACE American Insurance Company 22667 INSURED Iron Mountain Incorporated INSURER B: Indemnity Insurance Company of North America 43575 85 New Hampshire Avenue INSURER C: N/A N/A Portsmouth,NH 03801 INSURER D: ACE Fire Underwriters Ins.Co. 20702 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: NYC-012441671-04 REVISION NUMBER: 9 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDLSUBRTYPE OF INSURANCE INSD WVD POLICY NUMBER POLICY EFF POLICY EXP LTR MM/DDIYYYYI iMMIDDIYYYYI LIMITS A X COMMERCIAL GENERAL LIABILITY HDO G49365457 11/01/2025 11/01/2026 EACH OCCURRENCE $ 2,000,000 RENTEDDAMAGE TO CLAIMS-MADE X� OCCUR FIR SES(E.."; Ea occrre... $ 1,000,000 MED EXP(Any one person) $ 25,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 10,000,000 POLICY❑ JECT PRO ❑ LOC PRODUCTS-COMP/OPAGG $ 2,000,N 000 OTHER: $ A AUTOMOBILE LIABILITY ISAH11364378 11/01/2025 11/01/2026 COMBINED SINGLE LIMIT $ 2,000,000 Ea accident X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTYDAMAGE $ AUTOS ONLY AUTOS ONLY Per accident L $ UMBRELLALIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ B WORKERS COMPENSATION WLR C72800485(AOS) 11/01/2025 11/01/2026 X PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER D YIN SCFC72800497(W) 11/01/2025 11/01/2026 1,000,000 ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N❑ NIA (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ A EXCESS WC& WCU C72800503(OH&WA) 11/01/2025 11/01/2026 Each Accident/Emp for Disease 1,000,000 EMP.LIABILITY SIR 500,000 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) City of Santa Ana,its City Council,officers,officials,employees,agents,and volunteers are additional insured with respects to General Liability and Auto Liability but only to the extent of Iron Mountain's liabilities agreed to under the written agreement or contract with certificate holder,and only as it relates to services and limits required by written agreement or contract.Waiver of subrogation is included on the general liability,auto liability and workers compensation,but only to the extent of Iron Mountain's liabilities agreed to under the written agreement or contract with certificate holder,and only as it relates to services and limits required by written agreement or contract. Digitallysigned TU Tran by Tu Tran Nguyen APPROVED N ry �/ue n Date:2025.12.08 7 J 07:27:03-08'00' By Tu Tran Nguyen at 7:26 am, Dec 08, 2025 CERTIFICATE HOLDER CANCELLATION City of Santa Ana SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Attention:Human Resources Department THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 20 Civic Center Plaza CA 92701 ACCORDANCE WITH THE POLICY PROVISIONS. Santa Ana,CA 92701 AUTHORIZED REPRESENTATIVE of Marsh USA LLC @ 1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD ADDITIONAL INSURED — DESIGNATED PERSONS OR ORGANIZATIONS Named Insured Iron Mountain Incorporated Pnd ors ern entNumber Policy Symbol Policy Number Policy Period Effective Date of Endorsement ISA H 1 1364378 11/01/2025 TO 1 11011202E Issued By(Name of Insurance Company) ACE American Insurance Company Insert the policy number.The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM AUTO DEALERS COVERAGE FORM MOTOR CARRIER COVERAGE FORM EXCESS BUSINESS AUTO COVERAGE FORM Additional Insureds): Any person or organization whom you have agreed to include as an additional insured under a written contract, provided such contract was executed prior to the date of loss. A. For a covered "auto,"Who Is insured is amended to include as an "insured,"the persons or organizations named in this endorsement. However, these persons or organizations are an "insured" only for"bodily injury" or"property damage" resulting from acts or omissions of: 1. You. 2. Any of your"employees" or agents. 3. Any person operating a covered "auto' with permission from you, any of your"employees"or agents. B. The persons or organizations named in this endorsement are not liable for payment of your premium. Authorized Representative DA-9U74c(03/16) Page 1 of 1 POLICY NUMBER: ISA H11364378 Endorsement Number: COMMERCIAL AUTO CA 04 44 10 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: Iron Mountain Incorporated Endorsement Effective Date: SCHEDULE Name(s) Of Person(s)Or Organization(s): Any person or organization against whom you have agreed to waive your right of recovery in a written contract, but only to the extent of and no broader than such contract and provided such contract was executed prior to the date of loss. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The Transfer Of Rights Of Recovery Against Others To Us condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident" or the "loss" under a contract with that person or organization. CA 04 44 10 13 Q Insurance Services Office, Inc., 2011 Page 1 ❑f 1 POLICY NUMBER: HBO G49365457 Endorsement Number: COMMERCIAL GENERAL LIABILITY CG 20 10 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -- OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location(s) Of Covered Operations Any Owner, Lessee or Contractor whom you have All locations where you are performing ongoing agreed to include as an additional insured under a operations for such additional insured pursuant to any written contract, provided such contract was executed such written contract. prior to the date of loss. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following additional organization(s) shown in the Schedule, but only exclusions apply: with respect to liability for "bodily injury", "property This insurance does not apply to 'bodily injury" or damage" or "personal and advertising injury" 'property damage"occurring after: caused, in whole or in part, by: 1. All work, including materials, parts or 1. Your acts or omissions; or equipment furnished in connection with such 2. The acts or omissions of those acting on your work, on the project (other than service, behalf; maintenance or repairs) to be performed by or in the performance of your ongoing operations for on behalf of the additional insured(s) at the the additional insured(s) at the location(s) location of the covered operations has been designated above. completed; or However: 2. That portion of "your work" out of which the injury or damage arises has been put to its 1. The insurance afforded to such additional intended use by any person or organization insured only applies to the extent permitted by other than another contractor or subcontractor law; and engaged in performing operations for a 2. If coverage provided to the additional insured is principal as a part of the same project. required by a contract or agreement, the C. With respect to the insurance afforded to these insurance afforded to such additional insured additional insureds, the following is added to will not be broader than that which you are Section III— Limits Of Insurance: required by the contract or agreement to provide for such additional insured. If coverage provided to the additional insured is required by a contract or agreement, the most we CG 20 10 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 2 will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. Page 2 of 2 © Insurance Services Office, Inc., 2018 CG 20 10 12 19 POLICY NUMBER: HDO G49365457 Endorsement Number: COMMERCIAL GENERAL LIABILITY CG20371219 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -- OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Persons) Or Organization(s) Location And Description Of Completed Operations Any person or organization whom you have agreed to All locations where you perform work for such include as an additional insured under a written additional insured pursuant to any such written contract, provided such contract was executed prior to contract. the date of loss. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following is added to organization(s) shown in the Schedule, but only Section III—Limits Of Insurance: with respect to liability for "bodily injury" or If coverage provided to the additional insured is "property damage" caused, in whole or in part, by required by a contract or agreement, the most we "your work" at the location designated and will pay on behalf of the additional insured is the described in the Schedule of this endorsement amount of insurance: performed for that additional insured and included in the"products-completed operations hazard". 1. Required by the contract or agreement; or However: 2. Available under the applicable limits of 1. The insurance afforded to such additional insurance; insured only applies to the extent permitted by whichever is less. law; and This endorsement shall not increase the 2. If coverage provided to the additional insured is applicable limits of insurance. required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 37 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 1 Workers'Compensation and Employers'Liability Policy Named Insured Endorsement Number IRON MOUNTAIN INCORPORATED 85 NEW HAMPSHIRE AVENUE Policy Number PORTSMOUTH NH 03801 Symbol: WLR Number:C72800485 Policy Period Effective Date of Endorsement 11-01-2025 TO 11-01-2026 11-01-2025 Issued By(Name of Insurance Company) INDEMNITY INS.CO.OF NORTH AMERICA Insert the policy number.The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us. This agreement shall not operate directly or indirectly to benefit any one not named in the Schedule. Schedule ANY PERSON OR ORGANIZATION AGAINST WHOM YOU HAVE AGREED TO WAIVE YOUR RIGHT OF RECOVERY IN A WRITTEN CONTRACT, BUT ONLY TO THE EXTENT OF AND NO BROADER THAN SUCH CONTRACT AND PROVIDED SUCH CONTRACT WAS EXECUTED PRIOR TO THE DATE OF LOSS . For the states of CA, UT, TX, refer to state specific endorsements. This endorsement is not applicable in KY, NH, and NJ. The endorsement does not apply to policies in Missouri where the employer is in the construction group of code classifications. According to Section 287.150(6) of the Missouri statutes, a contractual provision purporting to waive subrogation rights against public policy and void where one party to the contract is an employer in the construction group of code classifications. For Kansas, use of this endorsement is limited by the Kansas Fairness in Private Construction Contract Act(K.S.A.. 16-1801 through 16-1807 and any amendments thereto) and the Kansas Fairness in Public Construction Contract Act(K.S.A 16-1901 through 16-1908 and any amendments thereto). According to the Acts a provision in a contract for private or public construction purporting to waive subrogation rights for losses or claims covered or paid by liability or workers compensation insurance shall be against public policy and shall be void and unenforceable except that, subject to the Acts, a contract may require waiver of subrogation for losses or claims paid by a consolidated or wrap-up insurance program. Authorized Agent WC 00 03 13 (11105) fl Copyright 1983-2017 National Council on Compensation Insurance,Inc.All Rights Reserved. POLICY NUMBER: HDO G49365457 Endorsement Number: COMMERCIAL GENERAL LIABILITY CG 24 04 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART ELECTRONIC DATA LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART DESIGNATED SITES POLLUTION LIABILITY LIMITED COVERAGE PART DESIGNATED SITES PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY DESIGNATED TANKS SCHEDULE Name Of Persons] Or Organ ization(s):Any person or organization against whom you have agreed to waive your right of recovery in a written contract, but only to the extent of and no broader than such agreement and provided such contract was executed prior to the date of loss. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV—Conditions: We waive any right of recovery against the person(s) or organization(s) shown in the Schedule above because of payments we make under this Coverage Part. Such waiver by us applies only to the extent that the insured has waived its right of recovery against such person(s) or organization(s) prior to loss. This endorsement applies only to the person(s) or organizations)shown in the Schedule above. CG 24 04 12 19 O Insurance Services Office, Inc., 2018 Page 1 of 1