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HomeMy WebLinkAboutASIAN AMERICAN SENIOR CITIZENS SERVICE CENTER (AASCSC) (2) INSURANCE NOT ON FILE WOM MAY NOT PROCEED �-2(12�s-��� CITY CLERK DATE; JUN 2 5 2026 u'Lirjar j ( CN1 AGREEMENT WITH ASIAN AMERICAN SENIOR CITIZENS SERVICE CENTER (AASCSC) TO PROVIDE ENTERTAINMENT CONSULTING AND COORDINATION SERVICES AT CITY LIBRARY EVENTS THIS AGREEMENT is made and entered into on this 2nd day of June, 2026 by and between Asian American Senior Citizens Service Center(AASCSC)a California non-profit Corporation ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California("City"). RECITALS A. The City desires to retain a Consultant having special skill and knowledge in the field of entertainment consulting and coordination services for City Library events, beginning with the Newhope Library's Grand Reopening/Ribbon Cutting on Saturday July 11, 2026. B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in Scope of Services - Exhibit A, attached hereto and incorporated by reference. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services for City, an amount not to exceed $15,000 during the term of the agreement. b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures c. Payment need not be made for work that fails to meet the standards of performance set forth in the Recitals and Scope of Work, which may reasonably be expected by City. Page 1 of 8 #19793v18 3. TERM This Agreement shall commence on July 1, 2026 and continue through June 30, 2027, unless terminated earlier in accordance with Section 15, below. 4. 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 of this Agreement; however,the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages,employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes,which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 6. INSURANCE Insurance requirements are attached hereto as Exhibit B. 7. INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents,employees,contractors,special counsel,and representatives from liability: (1)for personal injury,damages,just compensation,restitution,judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Consultant, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages,just compensation, restitution,judicial or equitable Page 2 of 8 #197930 8 relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages,just compensation,restitution,judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution,judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding.Notwithstanding the foregoing, to the extent Consultant's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence,recklessness, or willful misconduct of the Consultant. 8. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent,trademark,or copyright infringement, including costs,contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 9. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents,proceedings, and activities related to this Agreement for a period of three (3)years from the date of final payment to Consultant under this Agreement. 1.0. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information"shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that(a)has been disclosed in publicly available sources; (b) is,through no fault of the Page 3 of 8 #19793v18 Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or(e) is independently developed by the Consultant without reference to information disclosed by the City. 11. CONFLICT OF INTEREST CLAUSE a. 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. b. No immediate family members of either the Mayor, City Council Member, or any appointed City Official, including appointed board and commission members, as defined under the City's Municipal Code, whose position with the City shall award or influence the award of this Agreement, or any competing contract or amendment thereof, shall be employed in any capacity by the Consultant or have any other direct or indirect financial benefit or interest in this Agreement. c. The section also prohibits the awarding of any agreement, contract, grant, or any amendment to those awards, to any former full-time employee for one-year from date of employee separation except for any Ca1PERS retiree as authorized by City Council resolution d. The Consultant must comply with all conflict of interest laws, ordinances, and regulations now in effect or hereafter to be enacted during the term of this Agreement. The Consultant warrants that it is not now aware of any facts which conflict with the prohibitions defined above. If the Consultant hereafter becomes aware of any facts that might reasonably be expected to create a conflict of interest, it must immediately male full written disclosure of such facts to the City. full written disclosure must include, but is not limited to, identification of all persons implicated and a complete description of all relevant circumstances. Failure to comply with the provisions of this paragraph will be a material breach of this Agreement. e. Consultant covenants that none of its directors, officers, employees, or agents shall participate in selecting or administrating any subcontract supported(in whole or in part) by City funds stemming from the Agreement where the awarding of the subcontract has any direct or indirect financial benefit or interest to any individual, as defined in subsections (b)and(c) above. 12. NON-DISCRIMINATION Consultant shall not discriminate because of race,color, creed, religion,sex,marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Page 4 of 8 #19793v18 Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to,the terms and conditions hereof,shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. 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(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 16. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy.No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not Page 5 of 8 919793v18 similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 17. JURISDICTION -VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California,shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 18. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 19. NOTICE Any notice,tender,demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: City Clerk City of Santa Ana 20 Civic Center Plaza(M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax: 714- 647-6956 With courtesy copies to: Executive Director, Library Services Agency City of Santa Ana 20 Civic Center Plaza(M-42) P.O. Box 1988 Santa Ana, California 92702 Page 6 of 8 41979308 To Consultant: Asian American Senior Citizens Services Center(AASCSC) Attn: Jennifer S. Wang 850 N.Birch St. Santa Ana, CA 92701 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24)hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames,weekends, federal, state, County or City holidays shall be excluded. 20. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. [signatures appear on fallowing page] Page 7 of 8 #19793v18 Signature page to the ageeement with Asian American Senior Citizens Service Center to provide Entertainment Consulting and.Coordination Services at City Lib racy Events. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. AT T• CITN OF SAN ANA E R LL ALVARO NUKE Ci 1 1. City Manager APPRVVED AS TO FORM: SONIA R. CARVALHO CONSULTANT: City Attorney -� 17ejftr ep S. WON By: Jennifer S, ng(Jun 6,2025 0.5r25 Pun ONATHAN T. MARTINEZ Name: JENNLFER S. WANG Assistant City Attorney Title: Executive Director RECOMMENDED FOR APPROVAL: BRIAN NBERG Executive Director, Library Services Agency Page 8 of 8 #19793v18 EXHIBIT A SCOPE OF SERVICES Consultant shall perform services as set forth below. The Consultant shall provide entertainment consulting and coordination services for City-sponsored cultural and Library events, including but not limited to the following programs and events: • Newhope Library's Grand Reopening/Ribbon Cutting o Saturday, July t t, 2026 o Location:Newhope Library • Moon Festival Event o September or October 2026 o Location:Newhope Library and/or Delhi Library • Tet(Lunar New Year)Festival o Saturday, January 30, 2027 o Location: Centennial Park • Asian American and Pacific Islander Heritage Month Programs o May 2027 o Location; Newhope Library,Main Library, and/or Delhi Library • Other additional events that may occur during the term of this agreement The total amount paid to Consultant for above events/programs, shall not exceed Fifteen Thousand Dollars ($15,000) during the term of this agreement. In the event sufficient funding is not available,the City may terminate this Agreement upon written notice. The term of this agreement is from July 1,2026 to June 30,2027. Consultant Qualifications and Resources: The Consultant shall possess demonstrated experience and established relationships within diverse communities and entertainment networks, including access to a broad range of cultural and artistic talent. Such talent may include, but is not limited to: • Authors • Dancers • Musicians • Cultural performers • Specialty entertainers and performers representing a variety of genres and cultural traditions Below is a sample listing of performers used for previous events: o Lion Dance and Dragon Dance by Qing Wei o Magician Nathan Phan o Authors Ann Chau and Thai Nguyen #19793v18 The Consultant shall be responsible for providing entertainment consultation,talent sourcing, and coordination services, including but not limited to the following: • Identifying and recommending qualified performers,presenters, and entertainment acts appropriate for each event; • Communicating and coordinating directly with performers and talent representatives; • Negotiating performance fees and securing competitive pricing in the best interest of the City; • Providing the City with proposed performance options and associated price ranges; • Coordinating with City departments, venue staff, and other event contractors as necessary; • Managing and addressing performer-related logistical or special requests; • Providing a roster or listing of talent and performers available through the Consultant's network and resources. • The Consultant shall perform all services in a professional and timely manner and in accordance with all applicable laws, regulations, and City requirements. Compensation: The Consultant shall charge an administrative fee equal to twenty percent (20%)of the total talent or performer compensation approved by the City. For example, if the City approves payment of One Thousand Dollars ($1,000)to an author or performer, the Consultant shall charge an additional administrative fee of Twenty Percent(20%), or Two Hundred Dollars ($200). The total amount invoiced to the City would therefore be One Thousand Two Hundred Dollars ($1,200). #19793v18 EXHIBIT B INSURANCE REQUIREMENTS Consultant shall procure and maintain for the duration of the agreement, the following insurance coverages: MINIMUM SCOPE AND LIMIT OF INSURANCE Consultant shall maintain limits of insurance coverage in the following minimum amounts and shall be at least as broad as: • Commercial General Liability(CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations,property damage, bodily injury and personal & advertising injjury with limits no less than $1,000,000 per occurrence and $2,000,000 aggregate. • Automobile Liability (AL): Insurance Services Office Form CA 00 01 covering Code I (any auto), with combined single limits of $1,000,000. In the event Consultant does not maintain commercial automobile liability insurance, City will accept evidence of personal automobile insurance, provided that such policy is endorsed for business use and provides coverage with a minimum limit of$1,000,000.Required policy limits can be met with primary and umbrella/excess insurance policies. • Workers' Compensation (WC): as required by the State of California, with statutory limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident, per employee, per policy for bodily injury or disease. This requirement can be waived if Consultant has no employees. Consultant attests that its workers' compensation coverage extends to all persons who will be working with the City under the agreed scope of services. If Consultant maintains broader coverage and/or higher Iimits than the minimums shown above, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Consultant.Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions: 1. CGL and AL policies: City of,Santa Ana, its City Council, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, equipment, and personnel furnished in connection with such work or operations. 2. CGL,AL, and WC policies: Insurance company(ies)agrees to waive all rights of subrogation against City, its City Council, its officers, officials, employees, agents, and volunteers for #19793v18 losses paid under the terms of any policy which arise from work performed by Consultant for City. 3. All required insurance policies: For any claims related to this contract, Consultant's insurance coverage shall be primary and any insurance maintained by City, its City Council, its officers, officials, employees, agents, or volunteers shall not contribute with it. 4. All required insurance policies; A severability of interest provision must apply for all the additional insureds, ensuring that Consultant's insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the insurer's limits of liability. 5. Each insurance policy required herein shall provide that coverage shall not be canceled, suspended, voided, reduced in coverage or in limits, non-renewed by the carrier, or materially changed except after thirty(30) days prior written notice has been given to City. Ten(10) days prior written notice shall be provided to City for policy cancellation or non- renewal due to non-payment. 6. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana Attention: Library Services, Dylan Dario 20 Civic Center Plaza,M-42 Santa Ana, CA 92701 The name and location of the event should be included in the Description of Operations section of each certificate. Self-Insured Retentions Self-insured retentions must be declared to and approved by the City. City may require Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. Acceptability of Insurers Insurance is to be placed with insurers authorized to conduct business in the state of California with a current A.M. Best rating of no less than A;VII,unless otherwise acceptable to City. Verification of Coverage Consultant shall furnish City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to Entity before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive Consultant's obligation to provide them. City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Claims Made Policies If any of the required policies provide coverage on a claims-made basis: #19793vl8 1. The retroactive date must be shown and must be before the date of the contract or the beginning of work. 2. Insurance must be maintained and evidence of insurance must be provided for at least three(3) years after completion of work. 3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective date, Consultant must purchase "extended reporting" coverage for a minimum of three (3) years after completion of work. Subcontractors Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Consultant shall ensure that City is an additional insured on insurance required from sub-contractors. Special Risks or Circumstances City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. #19793v18 AASCSC Consultant Agreement 2026 APPVD AS TO FORM Final Audit Report 2026-06-08 Created: 2026-06-02 By: Dylan Dario(ddario@santa-ana.org) Status: Signed Transaction ID: CBJCHBCAABAAawGFoq-CeXlyahPjtDM2MbSeQKBwxLjX "AASCSC Consultant Agreement 2026 APPVD AS TO FORM" History n Document created by Dylan Dario (ddario@santa-ana,org) 2026-06-02-11:23:18 PM GMT > Document emailed to Jennifer Wang oennifer.s.wang@aascsc.org)for signature 2026-06-02-11:23:24 PM GMT Email viewed by Jennifer Wang Oennifer.s.wang@aascsc.org) 2026-06-08-3:50:17 PM GMT Signer Jennifer Wang Qennifer.s,wang@aascsc.org) entered name at signing as Jennifer S. Wang 2026-06-08-3:55:26 PM GMT Document e-signed by Jennifer S. Wang Oennifer.s.wang@aascsc.org) Signature Date:2026-06-08-3:55:28 PM GMT-Time Source:server-Signature Appearance Selected: MGBILE_TYPE t Q Agreement completed. 2026-06-08-3:55:28 PM GMT Adobe Acrobat Sign DATE(MM/DD/YYYY) ,a► �ra` CERTIFICATE OF LIABILITY INSURANCE 06/17/2026 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 Certificate Department Newfront Insurance Services, LLC A/CON No, Ext: (415)754-3635 FAX No): 777 Mariners Island Blvd E-MAIL ADDRESS: certs@newfront.com Suite 250 INSURER(S)AFFORDING COVERAGE NAIC# San Mateo CA 94404 INSURERA: Alliance of Nonprofits for Insurance,Risk Retention Group,Inc. 10023 INSURED INSURERB: State Compensation Insurance Fund 35076 Asian American Senior Citizens Service Center Inc(AASCSC) INSURERC: Underwriters at Lloyds,London INSURER D 850 North Birch Street INSURER E Santa Ana CA 92701 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER MM/DD MM/DD X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAM CLAIMS-MADE � OCCUR PREM SESOEa occurrDence $ 500,000 MED EXP(Any one person) $ 20,000 A X X 01-CP-0001391-01-03 06/05/2026 06/05/2027 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERALAGGREGATE $ 3,000,000 X POLICY D PRO � JECT LOC PRODUCTS-COMP/OPAGG $ 3,000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 Ea accident ANY AUTO BODILY INJURY(Per person) $ A OWNED SCHEDULED X X 01-CP-0001391-01-03 06/05/2026 06/05/2027 BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTYDAMAGE $ AUTOS ONLY AUTOS ONLY Per accident rx $ HB OCCUR EACH OCCURRENCE $ $CLAIMS-MADE AGGREGATE $ TENTION$ $ WORKERS COMPENSATION X PER OTH- AND EMPLOYERS'LIABILITY Y STATUTE ER B OFFICER/MEMBER EXCLU EXCLUDED? ❑ N/A X 9100741-2025 10/01/2025 10/01/2026 E.L EACH ACCIDENT $ 1,000,000 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 Limit $1,000,000 C Cyber Liability ES00340533880 10/01/2025 10/01/2026 Deductible $2,500 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) (Insurer A)-Sexual Misconduct, Physical Abuse,and Molestation Liability-01-CP-0001391-01-03-(06/05/2026-06/05/2027)-Each Occurrence:$1,000,000, Aggregate:$1,000,000 (Insurer A)-Professional Liability-01-CP-0001391-01-03-(06/05/2026-06/05/2027)-Each Occurrence:$1,000,000,Aggregate:$3,000,000 City of Santa Ana, its City Council, its officers,officials,employees,agents,and volunteers are included as an additional insured as required by a written contract with respect to General Liability and Auto Liability.Waiver of subrogation applies with respect to General Liability,Auto Liability and Workers Compensation policies as required by written contract. APPROVED CERTIFICATE HOLDER CANCELLATION By Tu Tran Nguyen at 10:29 am,Jun 18,2026 4 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Santa Ana ACCORDANCE WITH THE POLICY PROVISIONS. Attn: Library Services, Dylan Dario AUTHORIZ ESENTATIVE 20 Civic Center Plaza, M-42 Santa Ana CA 92701 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: 01-CP-0001391-01-03 COMMERCIAL GENERAL LIABILITY CG20261219 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED 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): Any person or organization that you are required to add as an additional insured on this policy, under a written contract or agreement currently in effect or becoming effective during the term of this policy. The additional insured status will not be afforded with respect to liability arising out of or related to your activities as a real estate manager for that person or organization. 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", "property If coverage provided to the additional insured is damage or personal and advertising injury required by a contract or agreement, the most we caused, in whole or in part, by your acts or will pay on behalf of the additional insured is the omissions or the acts or omissions of those acting amount of insurance: on your behalf: 1. Required by the contract or agreement; or 1. In the performance of your ongoing operations; or 2. Available under the applicable limits of 2. In connection with your premises owned by or insurance; rented to you. whichever is less. However: This endorsement shall not increase the applicable 1. The insurance afforded to such additional limits of insurance. insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the 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 26 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 1 STATE Endorsement Agreement COMPENSATION INSURANCE Waiver of Subrogation FUND 9100741-2025 Home Office Renewal San Francisco NA All Effective Dates are 1-81-08-39 at 12:01 AM Pacific Page 1 of 1 Standard Time or the Time Indicated at Effective October 1, 2025 at 12:01 AM Pacific Standard Time and Expiring October 1, 2026 at 12:01 AM AASCSC 850 N BIRCH ST SANTA ANA, CA 92701-3405 Anything in this policy to the contrary notwithstanding, it is agreed that the State Compensation Insurance Fund waives any right of subrogation against, City of Santa Ana which might arise by reason of any payment under this policy in connection with work performed by, AASCSC It is further agreed that the insured shall maintain payroll records accurately segregating the remuneration of employees while engaged in work for the above employer. It is further agreed that premium on the earning of such employees shall be increased by 3.00%. Nothing in this endorsement shall be held to vary, alter,waive or extend any of the terms, conditions, agreements, or limitations of this policy other than as above stated.Nothing elsewhere in this policy shall be held to vary, alter,waive or limit the terms,conditions, agreements or limitations in this endorsement. Countersigned and Issued at San Francisco September 30,2025 2570 Authorized Representative President and CEO SF—END Rev.2/2025 OLD DP 217 COMMERCIAL AUTO CA99331013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EMPLOYEES AS INSUREDS This endorsement modifies insurance provided under the following: 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. The following is added to the Section II — Covered Autos Liability Coverage, Paragraph A.1. Who Is An Insured provision: Any "employee" of yours is an "insured" while using a covered "auto" you don't own, hire or borrow in your business or your personal affairs. CA 99 33 10 13 © Insurance Services Office, Inc., 2011 Page 1 of 1 � NONPROFITS" © INSURANCE NONPROFITS OWN "' _ ALLIANCE OF CALIFORNIA Part of Nonprofits Insurance Alliance(NIA) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: SOCIAL SERVICE PROFESSIONAL LIABILITY COVERAGE FORM SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Any person or organization that you are required to add as an additional insured on this policy, under a written contract or agreement currently in effect, or becoming effective during the term of this policy, in consideration of food contributions or client referrals you receive from them. Where you are so required in a written contract or agreement currently in effect or becoming effective during the term of this policy, we waive any right of recovery we may have against that person or organization, who may be named in the schedule above, because of payments we make for injury or damage. NIA-026 SSP 11 17 Includes copyrighted material of Insurance Services Office, Inc.with its Page 1 of 1 permission. COMMERCIAL AUTO CA 00 01 10 13 BUSINESS AUTO COVERAGE FORM Various provisions in this policy restrict coverage. SECTION I—COVERED AUTOS Read the entire policy carefully to determine rights, Item Two of the Declarations shows the "autos" that duties and what is and is not covered. are covered "autos" for each of your coverages. The Throughout this policy the words "you" and "your" following numerical symbols describe the "autos" that refer to the Named Insured shown in the Declarations. may be covered "autos". The symbols entered next to The words "we", "us" and "our" refer to the company a coverage on the Declarations designate the only providing this insurance. "autos"that are covered "autos". Other words and phrases that appear in quotation A. Description Of Covered Auto Designation marks have special meaning. Refer to Section V — Symbols Definitions. Symbol Description Of Covered Auto Designation Symbols 1 Any"Auto" 2 Owned "Autos" Only those "autos" you own (and for Covered Autos Liability Coverage any Only "trailers"you don't own while attached to power units you own). This includes those "autos" you acquire ownership of after the policy begins. 3 Owned Private Only the private passenger"autos" you own. This includes those private Passenger passenger"autos"you acquire ownership of after the policy begins. "Autos" Only 4 Owned Only those "autos" you own that are not of the private passenger type (and for "Autos" Other Covered Autos Liability Coverage any "trailers"you don't own while attached to Than Private power units you own). This includes those "autos" not of the private passenger Passenger type you acquire ownership of after the policy begins. "Autos" Only 5 Owned "Autos" Only those "autos" you own that are required to have no-fault benefits in the state Subject To where they are licensed or principally garaged. This includes those "autos"you No-fault acquire ownership of after the policy begins provided they are required to have no- fault benefits in the state where they are licensed or principally garaged. 6 Owned "Autos" Only those "autos" you own that because of the law in the state where they are Subject To A licensed or principally garaged are required to have and cannot reject Uninsured Compulsory Motorists Coverage. This includes those "autos" you acquire ownership of after the Uninsured policy begins provided they are subject to the same state uninsured motorists Motorists Law requirement. 7 Specifically Only those "autos" described in Item Three of the Declarations for which a Described premium charge is shown (and for Covered Autos Liability Coverage any"trailers" "Autos" you don't own while attached to any power unit described in Item Three). 8 Hired "Autos" Only those "autos" you lease, hire, rent or borrow. This does not include any "auto" Only you lease, hire, rent or borrow from any of your"employees", partners (if you are a partnership), members (if you are a limited liability company) or members of their households. 9 Non-owned Only those "autos" you do not own, lease, hire, rent or borrow that are used in "Autos" Only connection with your business. This includes "autos" owned by your"employees", partners (if you are a partnership), members (if you are a limited liability company) or members of their households but only while used in your business or your personal affairs. CA 00 01 10 13 © Insurance Services Office, Inc., 2011 Page 1 of 12 19 Mobile Only those "autos" that are land vehicles and that would qualify under the definition Equipment of"mobile equipment" under this policy if they were not subject to a compulsory or Subject To financial responsibility law or other motor vehicle insurance law where they are Compulsory Or licensed or principally garaged. Financial Responsibility Or Other Motor Vehicle Insurance Law Only B. Owned Autos You Acquire After The Policy SECTION II —COVERED AUTOS LIABILITY Begins COVERAGE 1. If Symbols 1, 2, 3, 4, 5, 6 or 19 are entered A. Coverage next to a coverage in Item Two of the We will pay all sums an "insured" legally must pay Declarations, then you have coverage for as damages because of"bodily injury" or"property autos that you acquire of the type described damage" to which this insurance applies, caused for the remainder of the policy period. by an "accident" and resulting from the ownership, 2. But, if Symbol 7 is entered next to a coverage maintenance or use of a covered "auto". in Item Two of the Declarations, an "auto" you We will also pay all sums an "insured" legally must acquire will be a covered "auto" for that pay as a "covered pollution cost or expense" to coverage only if: which this insurance applies, caused by an a. We already cover all "autos" that you own "accident" and resulting from the ownership, for that coverage or it replaces an "auto" maintenance or use of covered "autos". However, you previously owned that had that we will only pay for the "covered pollution cost or coverage; and expense" if there is either "bodily injury" or b. You tell us within 30 days after you acquire "property damage" to which this insurance applies it that you want us to cover it for that that is caused by the same "accident". coverage. We have the right and duty to defend any C. Certain Trailers, Mobile Equipment And "insured" against a "suit" asking for such damages Temporary Substitute Autos or a "covered pollution cost or expense". However, we have no duty to defend any "insured" against a If Covered Autos Liability Coverage is provided by "suit" seeking damages for "bodily injury" or this Coverage Form, the following types of "property damage" or a "covered pollution cost or vehicles are also covered "autos" for Covered expense" to which this insurance does not apply. Autos Liability Coverage: We may investigate and settle any claim or "suit" 1. "Trailers" with a load capacity of 2,000 pounds as we consider appropriate. Our duty to defend or or less designed primarily for travel on public settle ends when the Covered Autos Liability roads. Coverage Limit of Insurance has been exhausted 2. "Mobile equipment" while being carried or by payment of judgments or settlements. towed by a covered "auto". 1. Who Is An Insured 3. Any "auto" you do not own while used with the The following are "insureds": permission of its owner as a temporary a. You for any covered "auto". substitute for a covered "auto" you own that is out of service because of its: b. Anyone else while using with your permission a covered "auto" you own, hire a. Breakdown; or borrow except: b. Repair; (1) The owner or anyone else from whom c. Servicing; you hire or borrow a covered "auto". d. "Loss"; or This exception does not apply if the covered "auto" is a "trailer" connected to e. Destruction. a covered "auto" you own. Page 2 of 12 © Insurance Services Office, Inc., 2011 CA 00 01 10 13 (2) Your "employee" if the covered "auto" is These payments will not reduce the Limit of owned by that "employee" or a member Insurance. of his or her household. b. Out-of-state Coverage Extensions (3) Someone using a covered "auto" while While a covered "auto" is away from the he or she is working in a business of state where it is licensed, we will: selling, servicing, repairing, parking or storing "autos" unless that business is (1) Increase the Limit of Insurance for yours. Covered Autos Liability Coverage to (4) Anyone other than your "employees", meet the limits specified by a compulsory or financial responsibility partners (if you are a partnership), law of the jurisdiction where the covered members (if you are a limited liability "auto" is being used. This extension company) or a lessee or borrower or does not apply to the limit or limits any of their "employees", while moving specified by any law governing motor property to or from a covered "auto". carriers of passengers or property. (5) A partner (if you are a partnership) or a (2) Provide the minimum amounts and member (if you are a limited liability types of other coverages, such as no- company) for a covered "auto" owned by fault, required of out-of-state vehicles by him or her or a member of his or her the jurisdiction where the covered "auto" household. is being used. c. Anyone liable for the conduct of an We will not pay anyone more than once for "insured" described above but only to the the same elements of loss because of extent of that liability. these extensions. 2. Coverage Extensions B. Exclusions a. Supplementary Payments This insurance does not apply to any of the We will pay for the "insured": following: (1) All expenses we incur. 1. Expected Or Intended Injury (2) Up to $2,000 for cost of bail bonds "Bodily injury" or "property damage" expected (including bonds for related traffic law or intended from the standpoint of the violations) required because of an "insured". "accident" we cover. We do not have to 2. Contractual furnish these bonds. (3) The cost of bonds to release Liability assumed under any contract or a reement. attachments in any "suit" against the g "insured" we defend, but only for bond But this exclusion does not apply to liability for amounts within our Limit of Insurance. damages: (4) All reasonable expenses incurred by the a. Assumed in a contract or agreement that is "insured" at our request, including actual an "insured contract", provided the "bodily loss of earnings up to $250 a day injury" or "property damage" occurs because of time off from work. subsequent to the execution of the contract (5) All court costs taxed against the or agreement; or "insured" in any "suit" against the b. That the "insured" would have in the "insured" we defend. However, these absence of the contract or agreement. payments do not include attorneys' fees 3. Workers' Compensation or attorneys' expenses taxed against the Any obligation for which the "insured" or the "insured". "insured's" insurer may be held liable under (6) All interest on the full amount of any any workers' compensation, disability benefits judgment that accrues after entry of the or unemployment compensation law or any judgment in any "suit" against the similar law. "insured" we defend, but our duty to pay interest ends when we have paid, offered to pay or deposited in court the part of the judgment that is within our Limit of Insurance. CA 00 01 10 13 © Insurance Services Office, Inc., 2011 Page 3 of 12 4. Employee Indemnification And Employer's b. After it is moved from the covered "auto" to Liability the place where it is finally delivered by the "Bodily injury" to: "insured". a. An "employee" of the "insured" arising out 8. Movement Of Property By Mechanical of and in the course of: Device (1) Employment by the "insured"; or "Bodily injury" or "property damage" resulting from the movement of property by a (2) Performing the duties related to the mechanical device (other than a hand truck) conduct of the "insured's" business; or unless the device is attached to the covered b. The spouse, child, parent, brother or sister "auto". of that "employee" as a consequence of g, Operations Paragraph a. above. "Bodily injury" or "property damage" arising out This exclusion applies: of the operation of: (1) Whether the "insured" may be liable as a. Any equipment listed in Paragraphs 6.b. an employer or in any other capacity; and 6.c. of the definition of "mobile and equipment"; or (2) To any obligation to share damages with b. Machinery or equipment that is on, attached or repay someone else who must pay to or part of a land vehicle that would damages because of the injury. qualify under the definition of "mobile But this exclusion does not apply to "bodily equipment" if it were not subject to a injury" to domestic "employees" not entitled to compulsory or financial responsibility law or workers' compensation benefits or to liability other motor vehicle insurance law where it assumed by the "insured" under an "insured is licensed or principally garaged. contract". For the purposes of the Coverage 10. Completed Operations Form, a domestic "employee" is a person engaged in household or domestic work "Bodily injury" or "property damage" arising out performed principally in connection with a of your work after that work has been residence premises. completed or abandoned. 5. Fellow Employee In this exclusion, your work means: "Bodily injury" to: a. Work or operations performed by you or on a. Any fellow "employee" of the "insured" your behalf; and arising out of and in the course of the fellow b. Materials, parts or equipment furnished in "employee's" employment or while connection with such work or operations. performing duties related to the conduct of Your work includes warranties or your business; or representations made at any time with respect b. The spouse, child, parent, brother or sister to the fitness, quality, durability or performance of that fellow "employee" as a consequence of any of the items included in Paragraph a. or of Paragraph a. above. b. above. 6. Care, Custody Or Control Your work will be deemed completed at the earliest of the following times: Property damage to or covered pollution cost or expense involving property owned or (1) When all of the work called for in your transported by the "insured" or in the contract has been completed; "insured's" care, custody or control. But this (2) When all of the work to be done at the exclusion does not apply to liability assumed site has been completed if your contract under a sidetrack agreement. calls for work at more than one site; or 7. Handling Of Property (3) When that part of the work done at a job "Bodily injury" or "property damage" resulting site has been put to its intended use by from the handling of property: any person or organization other than another contractor or subcontractor a. Before it is moved from the place where it is working on the same project. accepted by the "insured" for movement into or onto the covered "auto"; or Page 4 of 12 © Insurance Services Office, Inc., 2011 CA 00 01 10 13 Work that may need service, maintenance, Paragraphs b. and c. above of this exclusion correction, repair or replacement, but which is do not apply to "accidents" that occur away otherwise complete, will be treated as from premises owned by or rented to an completed. "insured" with respect to "pollutants" not in or 11. Pollution upon a covered "auto" if: "Bodily injury" or "property damage" arising out (a) The "pollutants" or any property in of the actual, alleged or threatened discharge, which the "pollutants" are contained dispersal, seepage, migration, release or are upset, overturned or damaged as escape of"pollutants": a result of the maintenance or use of a. That are, or that are contained in any a covered "auto"; and property that is: (b) The discharge, dispersal, seepage, migration, release or escape of the (1) Being transported or towed by, handled "pollutants" is caused directly by or handled for movement into, onto or such upset, overturn or damage. from the covered "auto"; 12. War (2) Otherwise in the course of transit by or on behalf of the "insured"; or "Bodily injury" or "property damage" arising directly or indirectly out of: (3) Being stored, disposed of, treated or processed in or upon the covered a. War, including undeclared or civil war; "auto"; b. Warlike action by a military force, including b. Before the "pollutants" or any property in action in hindering or defending against an which the "pollutants" are contained are actual or expected attack, by any moved from the place where they are government, sovereign or other authority accepted by the "insured" for movement using military personnel or other agents; or into or onto the covered "auto"; or c. Insurrection, rebellion, revolution, usurped c. After the "pollutants" or any property in power or action taken by governmental which the "pollutants" are contained are authority in hindering or defending against moved from the covered "auto" to the place any of these. where they are finally delivered, disposed of 13. Racing or abandoned by the "insured". Covered "autos" while used in any professional Paragraph a. above does not apply to fuels, or organized racing or demolition contest or lubricants, fluids, exhaust gases or other stunting activity, or while practicing for such similar "pollutants" that are needed for or result contest or activity. This insurance also does from the normal electrical, hydraulic or not apply while that covered "auto" is being mechanical functioning of the covered "auto" or prepared for such a contest or activity. its parts if: C. Limit Of Insurance (1) The "pollutants" escape, seep, migrate Regardless of the number of covered "autos", or are discharged, dispersed or released "insureds", premiums paid, claims made or directly from an "auto" part designed by vehicles involved in the "accident", the most we its manufacturer to hold, store, receive will pay for the total of all damages and "covered or dispose of such "pollutants"; and pollution cost or expense" combined resulting from (2) The "bodily injury", "property damage" or any one "accident" is the Limit Of Insurance for "covered pollution cost or expense" Covered Autos Liability Coverage shown in the does not arise out of the operation of Declarations. any equipment listed in Paragraphs 6.b. and 6.c. of the definition of "mobile equipment". CA 00 01 10 13 © Insurance Services Office, Inc., 2011 Page 5 of 12 All "bodily injury", "property damage" and "covered 3. Glass Breakage— Hitting A Bird Or Animal— pollution cost or expense" resulting from Falling Objects Or Missiles continuous or repeated exposure to substantially If you carry Comprehensive Coverage for the the same conditions will be considered as damaged covered "auto", we will pay for the resulting from one "accident". following under Comprehensive Coverage: No one will be entitled to receive duplicate a. Glass breakage; payments for the same elements of "loss" under this Coverage Form and any Medical Payments b. "Loss" caused by hitting a bird or animal; Coverage endorsement, Uninsured Motorists and Coverage endorsement or Underinsured Motorists c. "Loss" caused by falling objects or missiles. Coverage endorsement attached to this Coverage However, you have the option of having glass Part. breakage caused by a covered "auto's" SECTION III— PHYSICAL DAMAGE COVERAGE collision or overturn considered a "loss" under A. Coverage Collision Coverage. 1. We will pay for "loss" to a covered "auto" or its 4. Coverage Extensions equipment under: a. Transportation Expenses a. Comprehensive Coverage We will pay up to $20 per day, to a From any cause except: maximum of $600, for temporary transportation expense incurred by you (1) The covered autos„ collision with because of the total theft of a covered another object; or "auto" of the private passenger type. We (2) The covered "auto's" overturn. will pay only for those covered "autos" for b. Specified Causes Of Loss Coverage which you carry either Comprehensive or Specified Causes Of Loss Coverage. We Caused by: will pay for temporary transportation (1) Fire, lightning or explosion; expenses incurred during the period (2) Theft; beginning 48 hours after the theft and ending, regardless of the policy's expiration, (3) Windstorm, hail or earthquake; when the covered "auto" is returned to use (4) Flood; or we pay for its "loss". (5) Mischief or vandalism; or b. Loss Of Use Expenses (6) The sinking, burning, collision or For Hired Auto Physical Damage, we will derailment of any conveyance pay expenses for which an "insured" transporting the covered "auto". becomes legally responsible to pay for loss c. Collision Coverage of use of a vehicle rented or hired without a driver under a written rental contract or Caused by: agreement. We will pay for loss of use (1) The covered "auto's" collision with expenses if caused by: another object; or (1) Other than collision only if the (2) The covered "auto's" overturn. Declarations indicates that Comprehensive Coverage is provided 2. Towing for any covered "auto"; We will pay up to the limit shown in the (2) Specified Causes Of Loss only if the Declarations for towing and labor costs Declarations indicates that Specified incurred each time a covered "auto" of the Causes Of Loss Coverage is provided private passenger type is disabled. However, for any covered "auto"; or the labor must be performed at the place of disablement. Page 6 of 12 © Insurance Services Office, Inc., 2011 CA 00 01 10 13 (3) Collision only if the Declarations b. Any device designed or used to detect indicates that Collision Coverage is speed-measuring equipment, such as radar provided for any covered "auto". or laser detectors, and any jamming However, the most we will pay for any apparatus intended to elude or disrupt expenses for loss of use is $20 per day, to speed-measuring equipment. a maximum of$600. c. Any electronic equipment, without regard to B. Exclusions whether this equipment is permanently installed, that reproduces, receives or 1. We will not pay for"loss" caused by or resulting transmits audio, visual or data signals. from any of the following. Such "loss" is excluded regardless of any other cause or d. Any accessories used with the electronic event that contributes concurrently or in any equipment described in Paragraph c. sequence to the "loss". above. a. Nuclear Hazard 5. Exclusions 4.c. and 4.d. do not apply to equipment designed to be operated solely by (1) The explosion of any weapon employing use of the power from the "auto's" electrical atomic fission or fusion; or system that, at the time of"loss", is: (2) Nuclear reaction or radiation, or a. Permanently installed in or upon the radioactive contamination, however covered "auto"; caused. b. Removable from a housing unit which is b. War Or Military Action permanently installed in or upon the (1) War, including undeclared or civil war; covered "auto"; (2) Warlike action by a military force, c. An integral part of the same unit housing including action in hindering or any electronic equipment described in defending against an actual or expected Paragraphs a. and b. above; or attack, by any government, sovereign or d. Necessary for the normal operation of the other authority using military personnel covered "auto" or the monitoring of the or other agents; or covered "auto's" operating system. (3) Insurrection, rebellion, revolution, 6. We will not pay for "loss" to a covered "auto" usurped power or action taken by due to "diminution in value". governmental authority in hindering or defending against any of these. C. Limits Of Insurance 2. We will not pay for "loss" to any covered "auto" 1. The most we will pay for: while used in any professional or organized a. "Loss" to any one covered "auto" is the racing or demolition contest or stunting activity, lesser of: or while practicing for such contest or activity. (1) The actual cash value of the damaged We will also not pay for "loss" to any covered or stolen property as of the time of the auto while that covered auto is being "loss"; or prepared for such a contest or activity. 3. We will not pay for"loss" due and confined to: (2) The cost of repairing or replacing the damaged or stolen property with other a. Wear and tear, freezing, mechanical or property of like kind and quality. electrical breakdown. b. All electronic equipment that reproduces, b. Blowouts, punctures or other road damage receives or transmits audio, visual or data to tires. signals in any one "loss" is $1,000, if, at the This exclusion does not apply to such "loss" time of"loss", such electronic equipment is: resulting from the total theft of a covered (1) Permanently installed in or upon the "auto". covered "auto" in a housing, opening or 4. We will not pay for "loss" to any of the other location that is not normally used following: by the "auto" manufacturer for the a. Tapes, records, discs or other similar audio, installation of such equipment; visual or data electronic devices designed for use with audio, visual or data electronic equipment. CA 00 01 10 13 © Insurance Services Office, Inc., 2011 Page 7 of 12 (2) Removable from a permanently installed (2) The "insured's" name and address; and housing unit as described in Paragraph (3) To the extent possible, the names and b.(1) above; or addresses of any injured persons and (3) An integral part of such equipment as witnesses. described in Paragraphs b.(1) and b.(2) b. Additionally, you and any other involved above. "insured" must: 2. An adjustment for depreciation and physical (1) Assume no obligation, make no condition will be made in determining actual payment or incur no expense without cash value in the event of a total "loss". our consent, except at the "insured's" 3. If a repair or replacement results in better than own cost. like kind or quality, we will not pay for the (2) Immediately send us copies of any amount of the betterment. request, demand, order, notice, D. Deductible summons or legal paper received For each covered "auto", our obligation to pay for, concerning the claim or"suit". repair, return or replace damaged or stolen (3) Cooperate with us in the investigation or property will be reduced by the applicable settlement of the claim or defense deductible shown in the Declarations. Any against the "suit". Comprehensive Coverage deductible shown in the (4) Authorize us to obtain medical records Declarations does not apply to "loss" caused by or other pertinent information. fire or lightning. SECTION IV—BUSINESS AUTO CONDITIONS (5) Submit examination, at our expense, by physicians of our choice, as often as The following conditions apply in addition to the we reasonably require. Common Policy Conditions: c. If there is "loss" to a covered "auto" or its A. Loss Conditions equipment, you must also do the following: 1. Appraisal For Physical Damage Loss (1) Promptly notify the police if the covered If you and we disagree on the amount of"loss", "auto" or any of its equipment is stolen. either may demand an appraisal of the "loss". (2) Take all reasonable steps to protect the In this event, each party will select a competent covered "auto" from further damage. appraiser. The two appraisers will select a Also keep a record of your expenses for competent and impartial umpire. The consideration in the settlement of the appraisers will state separately the actual cash claim. value and amount of"loss". If they fail to agree, (3) Permit us to inspect the covered "auto" they will submit their differences to the umpire. and records proving the "loss" before its A decision agreed to by any two will be repair or disposition. binding. Each party will: a. Pay its chosen appraiser; and (4) Agree to examinations under oath at our request and give us a signed statement b. Bear the other expenses of the appraisal of your answers. and umpire equally. 3. Legal Action Against Us If we submit to an appraisal, we will still retain No one may bring a legal action against us our right to deny the claim. under this Coverage Form until: 2. Duties In The Event Of Accident, Claim, Suit a. There has been full compliance with all the Or Loss terms of this Coverage Form; and We have no duty to provide coverage under b. Under Covered Autos Liability Coverage, this policy unless there has been full we agree in writing that the "insured" has an compliance with the following duties: obligation to pay or until the amount of that a. In the event of "accident", claim, "suit" or obligation has finally been determined by "loss", you must give us or our authorized judgment after trial. No one has the right representative prompt notice of the under this policy to bring us into an action "accident" or"loss". Include: to determine the "insured's" liability. (1) How, when and where the "accident" or "loss" occurred; Page 8 of 12 © Insurance Services Office, Inc., 2011 CA 00 01 10 13 4. Loss Payment— Physical Damage 5. Other Insurance Coverages a. For any covered "auto" you own, this At our option, we may: Coverage Form provides primary a. Pay for, repair or replace damaged or insurance. For any covered "auto" you don't stolen property; own, the insurance provided by this Coverage Form is excess over any other b. Return the stolen property, at our expense. collectible insurance. However, while a We will pay for any damage that results to covered "auto" which is a "trailer" is the "auto" from the theft; or connected to another vehicle, the Covered c. Take all or any part of the damaged or Autos Liability Coverage this Coverage stolen property at an agreed or appraised Form provides for the "trailer" is: value. (1) Excess while it is connected to a motor If we pay for the "loss", our payment will vehicle you do not own; or include the applicable sales tax for the (2) Primary while it is connected to a damaged or stolen property. covered "auto"you own. 5. Transfer Of Rights Of Recovery Against b. For Hired Auto Physical Damage Coverage, Others To Us any covered "auto" you lease, hire, rent or If any person or organization to or for whom we borrow is deemed to be a covered "auto" make payment under this Coverage Form has you own. However, any "auto" that is rights to recover damages from another, those leased, hired, rented or borrowed with a rights are transferred to us. That person or driver is not a covered "auto". organization must do everything necessary to c. Regardless of the provisions of Paragraph secure our rights and must do nothing after a. above, this Coverage Form's Covered "accident" or"loss"to impair them. Autos Liability Coverage is primary for any B. General Conditions liability assumed under an "insured 1. Bankruptcy contract". Bankruptcy or insolvency of the "insured" or the d. When this Coverage Form and any other "insured's" estate will not relieve us of any Coverage Form or policy covers on the obligations under this Coverage Form. same basis, either excess or primary, we will pay only our share. Our share is the 2. Concealment, Misrepresentation Or Fraud proportion that the Limit of Insurance of our This Coverage Form is void in any case of Coverage Form bears to the total of the fraud by you at any time as it relates to this limits of all the Coverage Forms and Coverage Form. It is also void if you or any policies covering on the same basis. other "insured", at any time, intentionally 6. Premium Audit conceals or misrepresents a material fact a. The estimated premium for this Coverage concerning: Form is based on the exposures you told us a. This Coverage Form; you would have when this policy began. We b. The covered "auto"; will compute the final premium due when c. Your interest in the covered "auto"; or we determine your actual exposures. The estimated total premium will be credited d. A claim under this Coverage Form. against the final premium due and the first 3. Liberalization Named Insured will be billed for the balance, if any. The due date for the final If we revise this Coverage Form to provide premium or retrospective premium is the more coverage without additional premium date shown as the due date on the bill. If charge, your policy will automatically provide the estimated total premium exceeds the the additional coverage a the day the final premium due, the first Named Insured revision is effective in your state. will get a refund. 4. No Benefit To Bailee— Physical Damage b. If this policy is issued for more than one Coverages year, the premium for this Coverage Form We will not recognize any assignment or grant will be computed annually based on our any coverage for the benefit of any person or rates or premiums in effect at the beginning organization holding, storing or transporting of each year of the policy. property for a fee regardless of any other provision of this Coverage Form. CA 00 01 10 13 © Insurance Services Office, Inc., 2011 Page 9 of 12 7. Policy Period, Coverage Territory 2. Any other land vehicle that is subject to a Under this Coverage Form, we cover compulsory or financial responsibility law or "accidents" and "losses" occurring: other motor vehicle insurance law where it is a. During the policy period shown in the licensed or principally garaged. Declarations; and However, "auto" does not include "mobile b. Within the coverage territory. equipment". C. "Bodily injury" means bodily injury, sickness or The coverage territory is: disease sustained by a person, including death (1) The United States of America; resulting from any of these. (2) The territories and possessions of the D. "Covered pollution cost or expense" means any United States of America; cost or expense arising out of: (3) Puerto Rico; 1. Any request, demand, order or statutory or (4) Canada; and regulatory requirement that any "insured" or others test for, monitor, clean up, remove, (5) Anywhere in the world if a covered contain, treat, detoxify or neutralize, or in any "auto" of the private passenger type is way respond to, or assess the effects of, leased, hired, rented or borrowed "pollutants"; or without a driver for a period of 30 days 2. Any claim or "suit" by or on behalf of a or less, governmental authority for damages because provided that the "insured's" responsibility to of testing for, monitoring, cleaning up, pay damages is determined in a "suit" on the removing, containing, treating, detoxifying or merits, in the United States of America, the neutralizing, or in any way responding to, or territories and possessions of the United States assessing the effects of, "pollutants". of America, Puerto Rico or Canada, or in a "Covered pollution cost or expense" does not settlement we agree to. include any cost or expense arising out of the We also cover "loss" to, or "accidents" actual, alleged or threatened discharge, dispersal, involving, a covered "auto" while being seepage, migration, release or escape of transported between any of these places. "pollutants": 8. Two Or More Coverage Forms Or Policies a. That are, or that are contained in any Issued By Us property that is: If this Coverage Form and any other Coverage (1) Being transported or towed by, handled Form or policy issued to you by us or any or handled for movement into, onto or company affiliated with us applies to the same from the covered "auto"; "accident", the aggregate maximum Limit of (2) Otherwise in the course of transit by or Insurance under all the Coverage Forms or on behalf of the "insured"; or policies shall not exceed the highest applicable Limit of Insurance under any one Coverage (3) Being stored, disposed of, treated or Form or policy. This condition does not apply to processed in or upon the covered any Coverage Form or policy issued by us or "auto"; an affiliated company specifically to apply as b. Before the "pollutants" or any property in excess insurance over this Coverage Form. which the "pollutants" are contained are SECTION V— DEFINITIONS moved from the place where they are A. "Accident" includes continuous or repeated accepted by the "insured" for movement exposure to the same conditions resulting in into or onto the covered "auto"; or "bodily injury" or"property damage". c. After the "pollutants" or any property in B. "Auto" means: which the "pollutants" are contained are moved from the covered auto to the place 1. A land motor vehicle, "trailer" or semitrailer where they are finally delivered, disposed of designed for travel on public roads; or or abandoned by the "insured". Page 10 of 12 © Insurance Services Office, Inc., 2011 CA 00 01 10 13 Paragraph a. above does not apply to fuels, 5. That part of any other contract or agreement lubricants, fluids, exhaust gases or other pertaining to your business (including an similar "pollutants" that are needed for or result indemnification of a municipality in connection from the normal electrical, hydraulic or with work performed for a municipality) under mechanical functioning of the covered "auto" or which you assume the tort liability of another to its parts, if: pay for"bodily injury" or"property damage"to a (1) The "pollutants" escape, seep, migrate third party or organization. Tort liability means or are discharged, dispersed or released a liability that would be imposed by law in the directly from an "auto" part designed by absence of any contract or agreement; or its manufacturer to hold, store, receive 6. That part of any contract or agreement entered or dispose of such "pollutants"; and into, as part of your business, pertaining to the (2) The "bodily injury", "property damage" or rental or lease, by you or any of your "covered pollution cost or expense" "employees", of any "auto". However, such does not arise out of the operation of contract or agreement shall not be considered any equipment listed in Paragraph 6.b. an "insured contract" to the extent that it or 6.c. of the definition of "mobile obligates you or any of your "employees" to equipment". pay for "property damage" to any "auto" rented Paragraphs b. and c. above do not apply to or leased by you or any of your"employees". "accidents" that occur away from premises An "insured contract" does not include that part of owned by or rented to an "insured"with respect any contract or agreement: to "pollutants" not in or upon a covered "auto" a. That indemnifies a railroad for"bodily injury" if: or "property damage" arising out of (a) The "pollutants" or any property in construction or demolition operations, within which the "pollutants" are contained 50 feet of any railroad property and are upset, overturned or damaged as affecting any railroad bridge or trestle, a result of the maintenance or use of tracks, roadbeds, tunnel, underpass or a covered "auto"; and crossing; (b) The discharge, dispersal, seepage, b. That pertains to the loan, lease or rental of migration, release or escape of the an "auto" to you or any of your "pollutants" is caused directly by "employees", if the "auto" is loaned, leased such upset, overturn or damage. or rented with a driver; or E. "Diminution in value" means the actual or c. That holds a person or organization perceived loss in market value or resale value engaged in the business of transporting which results from a direct and accidental "loss". property by "auto" for hire harmless for your use of a covered "auto" over a route or F. "Employee" includes a "leased worker". territory that person or organization is "Employee" does not include a "temporary authorized to serve by public authority. worker". I. "Leased worker" means a person leased to you by G. "Insured" means any person or organization a labor leasing firm under an agreement between qualifying as an insured in the Who Is An Insured you and the labor leasing firm to perform duties provision of the applicable coverage. Except with related to the conduct of your business. "Leased respect to the Limit of Insurance, the coverage worker" does not include a "temporary worker". afforded applies separately to each insured who is seeking coverage or against whom a claim or "Loss" means direct and accidental loss or "suit" is brought. damage. H. "Insured contract" means: K. "Mobile equipment" means any of the following types of land vehicles, including any attached 1. A lease of premises; machinery or equipment: 2. A sidetrack agreement; 1. Bulldozers, farm machinery, forklifts and other 3. Any easement or license agreement, except in vehicles designed for use principally off public connection with construction or demolition roads; operations on or within 50 feet of a railroad; 2. Vehicles maintained for use solely on or next to 4. An obligation, as required by ordinance, to premises you own or rent; indemnify a municipality, except in connection 3. Vehicles that travel on crawler treads; with work for a municipality; CA 00 01 10 13 © Insurance Services Office, Inc., 2011 Page 11 of 12 4. Vehicles, whether self-propelled or not, However, "mobile equipment" does not include maintained primarily to provide mobility to land vehicles that are subject to a compulsory or permanently mounted: financial responsibility law or other motor vehicle a. Power cranes, shovels, loaders, diggers or insurance law where it is licensed or principally drills; or garaged. Land vehicles subject to a compulsory or financial responsibility law or other motor vehicle b. Road construction or resurfacing equipment insurance law are considered "autos". such as graders, scrapers or rollers; L. "Pollutants" means any solid, liquid, gaseous or 5. Vehicles not described in Paragraph 1., 2., 3. thermal irritant or contaminant, including smoke, or 4. above that are not self-propelled and are vapor, soot, fumes, acids, alkalis, chemicals and maintained primarily to provide mobility to waste. Waste includes materials to be recycled, permanently attached equipment of the reconditioned or reclaimed. following types: M. "Property damage" means damage to or loss of a. Air compressors, pumps and generators, use of tangible property. including spraying, welding, building cleaning, geophysical exploration, lighting N. "Suit" means a civil proceeding in which: and well-servicing equipment; or 1. Damages because of "bodily injury" or b. Cherry pickers and similar devices used to "property damage"; or raise or lower workers; or 2. A"covered pollution cost or expense"; 6. Vehicles not described in Paragraph 1., 2., 3. to which this insurance applies, are alleged. or 4. above maintained primarily for purposes "Suit" includes: other than the transportation of persons or cargo. However, self-propelled vehicles with a. An arbitration proceeding in which such the following types of permanently attached damages or "covered pollution costs or equipment are not "mobile equipment" but will expenses" are claimed and to which the be considered "autos": "insured" must submit or does submit with a. Equipment designed primarily for: our consent; or (1) Snow removal; b. Any other alternative dispute resolution proceeding in which such damages or (2) Road maintenance, but not construction "covered pollution costs or expenses" are or resurfacing; or claimed and to which the insured submits (3) Street cleaning; with our consent. b. Cherry pickers and similar devices mounted O. "Temporary worker" means a person who is on automobile or truck chassis and used to furnished to you to substitute for a permanent raise or lower workers; and "employee" on leave or to meet seasonal or short- term workload conditions. c. Air compressors, pumps and generators, including spraying, welding, building P. "Trailer" includes semitrailer. cleaning, geophysical exploration, lighting or well-servicing equipment. Page 12 of 12 © Insurance Services Office, Inc., 2011 CA 00 01 10 13 POLICY NUMBER: 01-CP-0001391-01-03 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 Person(s) Or Organization(s) Location And Description Of Completed Operations Any person or organization that you are required to All insured premises and operations underwritten add as an additional insured on this policy, under a contract written contract or agreement currently in effect, or becoming effective during the term of this policy. The additional insured status will not be afforded with respect to liability arising out of or related to your activities as a real estate manager for that person or organization. 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"property If coverage provided to the additional insured is damage"caused, in whole or in part, by"your work" required by a contract or agreement, the most we at the location designated and described in the will pay on behalf of the additional insured is the Schedule of this endorsement performed for that amount of insurance: 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 applicable 2. If coverage provided to the additional insured is 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 POLICY NUMBER: 01-CP-0001391-01-03 COMMERCIAL GENERAL LIABILITY CG20101219 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 person or organization that you are required to add as an additional insured on this policy, under a written contract or agreement currently in effect, or becoming effective during the term of this policy. The additional insured status will not be afforded with respect to liability arising out of or related to your activities as a real estate manager for that person or organization 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 "bodilyinjury" or damage" or "personal and advertising injury" property damage" occurring after: pp y caused, in whole or in part, by: 1. All work, including materials, parts or equipment 1. Your acts or omissions; or furnished in connection with such work, on the 2. The acts or omissions of those acting on your project (other than service, maintenance or behalf; repairs) to be performed by or on behalf of the in the performance of your ongoing operations for additional insured(s) at the location of the the additional insured(s) at the location(s) covered operations has been completed; or designated above. 2. That portion of "your work" out of which the However: injury or damage arises has been put to its intended use by any person or organization 1. The insurance afforded to such additional other than another contractor or subcontractor insured only applies to the extent permitted by engaged in performing operations for a principal law; and as a part of the same project. 2. If coverage provided to the additional insured is 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 10 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 2 C. With respect to the insurance afforded to these 2. Available under the applicable limits of additional insureds, the following is added to insurance; Section III- Limits Of Insurance: whichever is less. If coverage provided to the additional insured is This endorsement shall not increase the applicable required by a contract or agreement, the most we limits of insurance. will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or Page 2 of 2 © Insurance Services Office, Inc., 2018 CG 20 10 12 19