Loading...
HomeMy WebLinkAboutFAAC, INC. 6 - 2013(N+URANCE ON FILE WORK MAY PROCEED UNTIL INSURANCE EXPIRES N- 2013 -110 CLERIC OF OUNILIO13 DATE; ­ AGREEMENT BETWEEN THE CITY OF SANTA ANA AND FAAC, INC. This Agreement (hereinafter "Agreement ") is made and entered into this _24_ day of July, 1�odU�2 2013, by and between FAAC, Inc., a Michigan corporation ( "Consultant'), and the City of Santa Ana, a charter city and municipal corporation of the State of California ( "City" or "Customer"). FAAC and City may be referred to individually as a "Party" and collectively as the "Parties." RECITALS A. FAAC assembles and markets for sale computer hardware equipment for Driver Training Simulator systems and licenses for use in connection therewith systems software and application software either owned by FAAC or licensed to FAAC by third parties. B. The parties entered into Agreement #A- 2006 -014, dated February 6, 2006, (hereinafter "Original Agreement') by which FAAC agreed to lease such hardware and software to City for a period of 60 months, and where upon the conclusion of the lease term the title to said equipment was to pass to City. C. The Original Agreement has now concluded and title to said software and equipment has passed to City. D. The parties entered into Agreement # 011 -097 dated August 3, 2011 whereby FAAC provided ongoing maintenance and support services for said equipment and software subject to the terms and conditions set forth in their Basic Service Warranty. E. The City desires to continue receiving ongoing maintenance and support services for the Driver Training Simulator system. F. Consultant represents that Consultant is able and willing to provide such services to the City. G. 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, and contained in Exhibit A except as amended herein, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall provide those services set forth in Exhibit A, attached hereto and incorporated by this reference. All services performed by Consultant from February 1, 2013 to the date of execution of this Agreement shall be included within the Scope of Services of this Agreement. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified in Exhibit B [Invoice], attached hereto and incorporated by this reference. The total sum to be expended under this Agreement shall not exceed $5,790.00 for each year of the agreement for a total of $11,580.00 during the term of this Agreement. 3. TERM This Agreement shall be for a two (2) year period and shall include services provided since February 1, 2013. The Agreement shall terminate on January 31, 2015, unless terminated earlier in accordance with Section 12, 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. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting there from and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting there from, and property damage, in the total amount of $1,000,000 per occurrence. Consultant shall supply City with a fully executed additional insured endorsement containing the following clauses: 1. "The City of Santa Ana, its officers, employees, agents, volunteers and representatives, is added as an additional insured as respects operations of the named insured performed under contract with the City of Santa Ana." 2. "It is agreed that any insurance maintained by the City of Santa Ana shall apply in excess of and not contribute with, insurance provided by this policy." b. Worker's Compensation hismance. In accordance with the provisions of Section 3300 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self - insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. c. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. 6. INDEMNIFICATION Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability 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 Consultant's acts of negligence or willful misconduct in the performance of this Agreement. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and /or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and /or agent of the other party is covered by this Agreement. The foregoing obligations of non -use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 8. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 9. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M -30) P.O. Box 1988 Santa Ana, CA 92702 -1988 telefacsimile (714) 647 -6956 With courtesy copies to: Chief of Police City of Santa Ana Police Department 60 Civic Center Plaza (M -97) P.O. Box 1981 Santa Ana, California 92702 telefacsimile (714) 245 -8090 To Consultant: FAAC, Inc. Attn: Kurt A. Flosky 1229 Oak Valley Drive and: City Attorney City of Santa Ana 20 Civic Center Plaza (M -29) P.O. Box 1988 Santa Ana, California 92702 telefacsimile 714- 647 -6515 Ann Arbor, Michigan 48108 telefacsimile 877 - 322 -2387 A party may change its address by giving notice in writing to the other party. Thereafter, 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 telefacsimile, 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. 10. 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 nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 11. 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. 12. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. 13. DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. 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. 15. 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 pennits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 16. 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 inj ariss 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. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: Gtwzm Laura A. Rossini Assistant City Attorney RECOMMENDED FOR APPROVAL: CARLOS ROJAS Acting Chief of Police CITY ( QNTA ANA KEVIN O'ROURICE Interim City Manager FAAC, INC. C K - JJCu A. Flosky cutive Vice President EXHIBIT A 1229 Oak Valley Drive Ann Arbor, M148106 Phone: ( 734) 761 -5836 Fax: (734) 761 -5368 www.faac.com BASIC SERVICE WARRANTY TERMS Offered By FAAC Incorporated 1224 Oak Valley Drive Ann Arbor, Michigan 48108 (734) 761 -5836 Toll Tree: I- 877 - FAAC -DTS (322 -2387) 1 Reviscd 0410712008 Basic Service Warranty Terms 1. PURPOSE The terms of this Basic Service Warranty document govern the support provided by FAAC. The fee to be paid by the customer for services rendered under this warranty is based upon each customer's system configuration. 2. COVERAGE All FAAC provided hardware comprising a single Simulator is included under this warranty. All FAAC software components that are specified under the Simulator purchase contract are covered. New hardware or software assemblies which are acquired from and installed by FAAC after the initial purchase of the Simulator are made a part of the Simulator and will be automatically covered under the terms of the warranty, unless otherwise noted. Hardware or software not acquired and installed by FAAC is not covered under this agreement. The customer may receive software updates, patches and version modifications for changes made to the software sold with the Simulator. Software updates and upgrades which do not address original Simulator specifications are not included under this warranty. The warranty does not cover normal wear and tear or consumables. These would include, but are not limited to, scratches on screens, minor luminosity changes in monitors, stuck or burnt pixels on monitors, projector or instrument panel bulbs, batteries, printer supplies, etc. 3. SERVICE FEES The fee for this warranty is determined at the time of warranty purchase. Costs which fall outside of the scope of the warranty shall be payable at then current time and material rates plus per diem and travel expenses. 4. PHONE AND MODEM SUPPORT FAAC provides unlimited telephone voice support, during FAAC business hours, as the primary method for identifying and resolving hardware or software problems. During a phone support call, a FAAC Service Representative may direct a customer to perform an operation on the equipment to aid in further diagnosis or repair of the Simulator. In addition, FAAC may provide telephone modem support by "dialing" into the Simulator to diagnose and/or resolve a service issue remotely. FAAC standard telephone and modem support are available Monday through Friday from 9 am to 5 PM EDT, excluding US holidays. After hours telephone support is available 2417 by calling FAAC. Should a FAAC Service Representative determine that the issue cannot be resolved via voice or modem support, a corrective on -site service visit may be scheduled. It is within FAAC's sole discretion to determine whether or not a corrective on -site service visit is warranted. 9. ON -SITE SERVICE VISITS Revised 04 /07%2008 Basic Service Warranty Terms Included in the price of this warranty are tip to 2 (two) corrective on -site service visits per year. All labor, material, travel and per diem costs associated with the two visits are included. No refund or concession will be made for trips not made within the warranty period. It is within FAAC's sole discretion to determine whether a corrective on -site service visit is necessary for a particular service issue. Corrective service visits will be made within 3 business days of FAAC's determination of the need for such visit. The customer is responsible for providing the Service Representative with full and free access to the Simulator(s), subject to security requirements, during the business days of Monday through Friday, and during the hours of 8:30 - 5:30 local time, excluding legal holidays. On -site visits under this warranty carrot be used for installation, de- installation, or re- installation of equipment. These services are typically provided as part of the Simulator purchase and/or are covered under the FAAC Installation and De- installation Policy and Price Schedule, a copy of which may be obtained from FAAC upon request. 6. RETURN TO FACTORY REPAIR FAAC may request that the customer return an assembly to FAAC for repair rather than conducting and on -site service visit. The customer is responsible for shipping costs to send equipment to FAAC. FAAC will pay for return shipment of equipment to the customer's site. FAAC shall use standard ground shipping methods in all cases. All equipment sent to FAAC for repair must have a Return Authorization number. A Return Authorization can be obtained by contacting the FAAC Service Department. Repair work will be completed within 5 business days from the date of receipt at FAAC. 7. PART REPLACEMENT FAAC maintains the right to repair or replace, at its sole discretion, a part that has been found to be defective, The customer is responsible for shipping costs required to send parts to FAAC for repair or replacement. FAAC will pay for return shipment of customer parts to the customer site. FAAC shall use standard ground shipping methods in all cases. For customers with dedicated spare parts, replacement equipment will be shipped within t business day. In all other cases, where a replacement part is deemed necessary by FAAC, and that part is commercially and readily available, replacement equipment will be shipped within 5 business days. In cases of custom fabricated or build to order components, delivery time is not guaranteed. In some cases it may be necessary to send replacement equipment prior to FAAC's receipt of the faulty equipment. If the faulty equipment is not received within 21 business days from the date of Revised 04/07 /2093 Basic Service Warranty Terms shipment of the replacement equipment, an invoice for replacement equipment will be generated and will be due upon receipt. Defective or faulty parts which are replaced under this warranty become the property of FAAC. 8. RESTRICTIONS FAAC is not responsible for repair of damage resulting from any of the following: a. vehicular or structural failure or accidents. b. misuse or abuse by the customer or third parties. c. unauthorized removal or movement of equipment. d. inadequacy or failure of electrical power or air conditioning and/or extremes in humidity or temperature. e. attempted maintenance by other than FAAC Service Representatives, unless directed by a FAAC Service Representative. f. failure of the customer to comply with instructions provided by FAAC in the Site Preparation Guide. g. war, fire, flood, lightning, earthquakes or other factors beyond the control of FAAC. 9. USER RESPONSIBILITY FAAC's obligation to service is contingent upon customer's proper use of the Simulator(s) in accordance with FAAC published specifications as well as the customer's fulfillment of the following responsibilities. The customer shall: a. maintain the FAAC software for the Simulator at the latest version level delivered from FAAC. b. use the Simulator hardware in accordance with the documentation distributed to the customer by FAAC at time of installation. c. notify FAAC immediately if the Simulator needs maintenance. d, maintain the environmental and power conditions recommended by FAAC in the Site Preparation Guide for the Simulator. e. not move, alter, add, or attach any hardware or software to the Simulator without the prior written consent of FAAC. The warranty may be subject to an immediate revision of the fee if, in FAAC's judgment, the proper maintenance of the Simulator is hampered. The customer may attach peripheral or external devices where such interfaces are foreseen or permitted in the use of the Simulator. Failure to fulfill these responsibilities may invalidate the warranty. 10. LAPSE IN COVERAGE If a lapse in coverage occurs on a Simulator and the customer desires to renew Warranty coverage, two options are available. The new Warranty coverage can be paid retro - effective to the latest Revised 04,072008 Basic Service Warranty Terms warranty expiration date OR FAAC will perform a Simulator Inspection at the customer's site, The customer will be charged time and material rates phis per diem and travel expenses for such a visit, In cases where support is provided while there is a lapse in coverage, the customer may be billed for all labor, material, travel and per diem costs associated with the support. 11. ASSIGNMENT Neither FAAC nor the customer shall assign or transfer alt or part of their rights or obligations under this warranty without written consent of both parties. 12. DISCLAIMER OF WARRANTIES This warranty supplements the standard warranty included with purchase of the system, and is in lieu of all other warranties, express or implied, including, without limitation, any warranties of merchantability or fitness for a particular purpose. 13. LIMITATIONS OF REMEDIES The sole remedies for FAAC's liability with respect to service or any other action provided by FAAC under or pursuant to this warranty shall be limited as follows: a. In no event shall FAAC's liability to the customer for damages of any nature exceed the total charges paid or payable for services under this warranty. b. The customer agrees that FAAC shall not be liable for any special, incidental, indirect or consequential damages or for the loss of profit, revenue, loss of use, or data, even if FAAC shall have been advised of the possibility of such potential loss or damage. No action arising out of the performance of this warranty may be brought by either party more than one (1) year after the cause of action arises, except that an action for non - payment may be brought within two (2) years of the date of the last payment made. 14. CONTRAVENING LAW Should any term or provision contained in this contract contravene or be invalid under applicable law, this contract shall not fall by reason thereof but shall be construed in the same manner as if such provision were deleted. 15. GOVERNING LAW The rights and duties of all persons and the constriction and effect of all provisions shall be governed by and construed according to the laws of the State of Michigan including the Michigan Uniform Commercial Code. Revised 04 /07/2008 EXHIBIT B f too " ,,.,� -.w"_ ..._ , N L, ❑ R r U H A l o INVOICE 1229 Oak Valley Chive Ann Arbor, 1 4 8 8'108 P: 734- 761 -6836 F: 734- 761 -5368 www.faao.eom Bill To: Santa Ana PD Cpl. Robert Rodriguez Santa Ana Police Department 60 Civic Center Plaza Santa Ana, CA 92702 Cell (714) 920 -1402 Comments: FAAC Reference: Other Reference: w20131309 INVOICE Date 7/24/2013 Expires: IMM Payment Terms: IMM nvoice is for two years of BASIC warranty for driver training simulator system - 2/1/13 - 1/31/15. *Taxes: (domestic) a.) Prices quoted do not include local, state or federal taxes unless indicated otherwise. b.) If this sale is subject to Use Tax, you are liable for the tax and should make payment directly to your taxing authority. However, we may collect Sales Tax for the following States: AK, CA, CO, FL, HI, KS, MA, MI, MO, MS, NC, NJ, NV, NY, SC, TN, TX, UT. c.) If applicable, please include a copy of your tax exemption certificate or direct pay permit with your Purchase Order. * *Customers please take note – as of 4/1/13 FAAC has changed banks. If you plan to remit payment electronically, please contact Mike McLelland directly for new bank information at 734- 761 -5836 or mikemc @faac.com. Part Number I Description vi x I rnce I � item i vrd F— WARR 1BASIC warranty for simulator 2 /1/13- 1/31/15 1 1 I $11,580.001 $11,580.001 $11 Thank you for your businass! AcoRO® CERTIFICATE OF LIABILITY INSURANCE DATE (MMIODn ) 6/20/2013 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 be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Hylant Group Inc -Ann Arbor 24 Frank Lloyd Wright Dr J4100 Ann Arbor MI 48105 PHONE FAX - AIC No : - E -MAIL ADDRESS: INSURERS AFFORDING COVERAGE NAIC q EACH OCCURRENCE INSURER A;Travelers Indemnity Company 25658 $300,000 INSURED FAACI -1 INSURER B:Trayelers Prop Casualty Ins CQ 36161 INSURER C:Travelers Prop Cas Cc of Amer 25674 Faac, Inc. 1229 Oak Valley Drive Ann Arbor, MI 48108 INSURER D:Staodard Fire n ur n Co. 7 PRODUCTS - COMPIOP AGO $2,000,000 INSURER E $ INSURER F I AUTOMOBILE X LIABILITY ANY AUTO ALL OWNED F7 SCHEDULED AUTOS AUTOS NON -OWNED HIRED AUTOS AUTOS COVERAGES CERTIFICATE NUMBER: 969572432 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSR UBR Me POLICYNUMBER POLICY EFF MMIODIYYYY POLICY EXP MMIDOIYYYY LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS-MADE a OCCUR 3309237P92l 5l112013 /1/2014 EACH OCCURRENCE $1,000,000 PREMISES Ea occu ante $300,000 MED EXP (Any one person) $10,000 PERSONAL B ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE X POLICY LIMIT APPLIES PER: PRO- LOC rcT F-1 PRODUCTS - COMPIOP AGO $2,000,000 $ B I AUTOMOBILE X LIABILITY ANY AUTO ALL OWNED F7 SCHEDULED AUTOS AUTOS NON -OWNED HIRED AUTOS AUTOS BA9237P921 /112013 11/2014 COMBINED 1,000,000 BODILY [NJ URY(Par person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ C X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS�NIADE CUP9237P921 /1/2013 /112014 EACH OCCURRENCE $5,000,000 AGGREGATE $5,000,000 DED X I RETENTION $10,000 1 $ D WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETORIPARTNEWEXECUTIVE❑ OFFICERIMEMBER EXCLUDED? (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below NIA UB9237P921 /112013 /1/2014 X WC STATU- OTH- E.L. EACH ACCIDENT $500,000 E.L. DISEASE EA EMPLOYEE $500,000 E.L. DISEASE POLICY LIMIT $500,000 DESCRIPTION OF OPERATIONS 1 LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Additional Insured for General Liability, as required by written contract - City of Santa Ana, its officers, employees, volunteers and agents. AYYROVED A$ TO FORM" Laura A. Rossini City of Santa Ana 20 Civic Center Plaza Santa Ana CA 92702 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED RE PRESENTATIVE © 1988.2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD �FR(IV A ED AS TO FORM /� d ✓ly�Yyti'� COMMERCIAL GENERAL LIABILITY Tura A. Rossini THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Asst nut City Attorney TECHNOLOGY XTEND ENDORSEMENT �I o� 0 °sl oil0 I E • M1 Q �I N QI n, M1 a NI of of U� OI This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART GENERAL DESCRIPTION OF COVERAGE - This endorsement broadens coverage. However, cover- age for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to this Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general coverage description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this endorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. Reasonable Force Property Damage _ Exception To Expected Or Intended In- jury Exclusion B. Non-Owned Watercraft Less Than 75 Feet C. Aircraft Chartered With Pilot D, Damage To Premises Rented To You E. Increased Supplementary Payments F. Who Is An Insured - Employees And Volunteer Workers _ First Aid G Who Is An Insured _ Employees _ Super- visory Positions H. Who Is An Insured . Newly Acquired Or Formed Organizations I. Blanket Additional Insured - Owners, Managers Or Lessors Of Premises PROVISIONS A. REASONABLE FORCE PROPERTY DAMAGE — EXCEPTION TO EXPECTED OR INTENDED INJURY EXCLUSION The following replaces Exclusion a., Ex- pected Or Intended Injury, in Paragraph 2., of SECTION I - COVERAGES - COVERAGE ®I A BODILY INJURY AND PROPERTY DAMAGE LIABILITY: a. Expected Or Intended Injury Or Damage "Bodily injury" or "property damage" J. Blanket Additional Insured _ Lessors Of Leased Equipment K. Blanket Additional Insured _ Persons Or Organizations For Your Ongoing Opera- tions As Required By Written Contract Or Agreement L. Blanket Additional Insured _ Broad Form Vendors M. Who Is An Insured - Unnamed Subsidi- aries N. Who Is An Insured . Liability. For Con- duct Of Unnamed Partnerships Or Joint Ventures 0. Contractual Liability - Railroads P Knowledge And Notice Of Occurrence Or Offense 0. Unintentional Omission R. Blanket Waiver Of Subrogation expected or intended from the stand- point of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect any person or property. B. NON -OWNED WATERCRAFT LESS THAN 75 FEET The following replaces Paragraph (2) of Exclusion g., Aircraft, Auto Or Watercraft, in Paragraph 2. of SECTION I - COVERAGES - COVERAGE A BODILY INJURY CG D4 17 07 08 © 2008 The Travelers Companies, Inc. Page 1 of 6 Includes copyrighted material of Insurance Services' Office, Inc. with its permission. AND PROPERTY DAMAGE LIABILITY: (2) A watercraft you do not own that is: (a) Less than 75 feet long; and (b) Not being used to carry any per- son or property for a charge. C. AIRCRAFT CHARTERED WITH PILOT The following is added to Exclusion g., Aircraft, Auto Or Watercraft, in Paragraph 2. of SECTION I - COVERAGES - COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY: This exclusion does not apply to an aircraft that is: (a) Chartered with a pilot to any in- sured; (b) Not owned by any insured; and (c) Not being used to carry any person or property for a charge. D. DAMAGE TO PREMISES RENTED TO YOU 1. The first paragraph of the excep- tions in Exclusion j., Damage To Property, In Paragraph 2. of SECTION I - COVERAGES - COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY is deleted. 2. The following replaces the last paragraph of Paragraph 2., ,Exclu- sions, of. SECTION I - COVERAGES - COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY: Exclusions c., g. and h., and Para- graphs (1), (3) and (4) of Exclusion i., do not apply to "premises damage ". Exclusion f.(1)(a) does not apply to "premises damage" caused by fire unless Exclusion f. of Section I - Coverage A - Bodily Injury And Property Damage Liability is re- placed by another endorsement to this Coverage Part that has Exclu- sion - All Pollution Injury Or Dam- age or Total Pollution Exclusion in its title. A separate limit of insur- ance applies to "premises damage" as described in Paragraph 6. of Sec- tion III . Limits Of Insurance. 3. The following replaces Paragraph 6. of SECTION III - LIMITS OF INSURANCE: 6. Subject to 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of "premises damage" to any one premises. The Damage To Premises Rented To You Limit will be: a. The amount shown for the A Damage To Premises Rented To You Limit on the Declara- tions' of this Coverage Part; or b. $100,000 if no amount is shown for the Damage To .Premises Rented To You Limit on the Declarations of this Coverage Part. 4. The following replaces Paragraph a. of the definition of "insured con- tract' in the DEFINITIONS Section: a. A contract for a lease of prem- ises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for "premises damage" is not an "insured contract "; 5. The following is added to the DEFINITIONS Section: "Premises damage" means "property damage" to: a. Any premises while rented to you or temporarily occupied by you with permission of the owner; or. b, The contents of any premises while such premises is rented to you, if you rent such premises for a period of seven or fewer consecutive days. 6. The following replaces Paragraph 4.b.(1)(6) of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS: (b) That is insurance for "premises damage "; or 7. Paragraph 0.0)(c) of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS is deleted. E. INCREASED SUPPLEMENTARY PAYMENTS 1. The following replaces Paragraph 1.b. of SUPPLEMENTARY PAYMENTS - COVERAGES A AND 8 of SECTION I - COVERAGES: b. Up to $2,500 for cost of bail bonds required because of accl- dents or traffic law violations arising out of the use of any vehicle to which the Bodily In- jury Llability Coverage applies. We do not have to furnish these bonds. 2. The following replaces Paragraph Page 2 of 6 © 2008 The Travelers Companies, Inc. CG D4 17 07 08 Includes copyrighted material of Insurance Services Office, Inc. with its permission. m w 0 o: I o' of r ool of 0 0 , m� �I NI a al N 0 0 V 0 Ll 1.d. of SUPPLEMENTARY PAYMENTS - COVERAGES A AND B of SECTION I - COVERAGES: d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or t ", including actual loss of earnings up to $500 a day because of time off from work. F. WHO IS AN INSURED - EMPLOYEES AND VOLUNTEER WORKERS - FIRST AID 1. The following is added to the defi- nition of "occurrence" in the DEFINITIONS Section: Unless you are in the business or occupation of providing professional health care services, "occurrence" also means an act or omission committed by any of your "em- ployees" or "volunteer workers ", other than an employed or volunteer doctor, in providing or failing to provide first aid or "Good Samari- tan services" to a person. 2. The following is added to Paragraph 2.ad1) of SECTION II - WHO IS AN INSURED: Unless you are in the business or occupation of providing professional health care services, Paragraphs (1 )(a), (b), (c) and (d) above do not ap- ply to "bodily injury" arising out of providing or failing to provide first aid or "Good Samaritan services" by any of your "employees" or "volunteer workers ", other than an employed or volunteer doctor. Any of your "employees" or "volunteer workers" providing or failing to provide first aid or "Good Samari- tan services" during their work hours for you will be deemed to be acting within the scope of their employment by you or performing duties related to the conduct of your business. 3. The following is added to Paragraph B. of SECTION III - LIMITS OF INSURANCE: For the purposes of determining the applicable Each Occufrence Limit, all related acts or omissions commit- ted by any of your "employees" or "volunteer workers" in providing or failing to provide first aid or "Good Samaritan services" to any one per- son will be deemed to be one "oc- currence". 4. The following is added to the DEFINITIONS Section: "Good Samaritan services" means any emergency medical services for which no compensation is demanded or received. G. WHO IS AN INSURED - EMPLOYEES - SUPERVISORY POSITIONS The following is added to Paragraph 2.a.(1) of SECTION 11 - WHO IS AN INSURED: Paragraphs (1)(a), (b) and (c) above do not apply to "bodily injury" or "per- sonal injury" to a co- "employee" in the course of the co- "employee's" em- ployment by you arising out of work by any of your "employees" who hold a supervisory position. H. WHO IS AN INSURED - NEWLY ACQUIRED OR FORMED ORGANIZATIONS The following replaces Paragraph 4, of SECTION II - WHO IS AN INSURED: 4. Any organization you newly acquire or form, other than a partnership or joint venture, of which you are the sole owner or in which you main- tain the majority ownership interest, will qualify as a Named Insured if there is no other insurance which provides similar coverage to that organization. However: a. Coverage under this provision is afforded only: (1) Until the 180th day after you acquire or form the organiza- tion or the end of the policy period, whichever is earlier, if. you do not report such or- ganization in writing to us within 180 days after you acquire or form it; or (2) Until the and of the policy period, when that date is later than 180 days after you acquire or form such organi- zation, if you - report such or- ganization in writing to us within 180 days after you acquire or form it, and we agree in writing that it will continue to be a Named In- sured until the end of the policy period; b. Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the or- ganization; and c. Coverage B does not apply to CG D4 17.07 08 g 2008 The Travelers Companies, Inc Page 3 of 8 Includes copyrighted material of Insurance Services Office, Inc. with its permission. I "personal injury" or "advertising injury" arising out of an offense committed before you acquired or formed the organization. I. BLANKET ADDITIONAL INSURED - OWNERS, MANAGERS OR LESSORS OF PREMISES The following is added to SECTION II - WHO IS AN INSURED: Any person or organization that is a premises owner, manager or lessor is an insured, but only with respect to li- ability arising out of the ownership, maintenance or use of that part of any premises leased to you. The insurance provided to such prem- ises owner, manager or lessor does not apply to: a. Any "bodily Injury" or "property damage" caused by an "occurrence" that takes place, or "personal in- jury" or "advertising injury" caused by an offense that is committed, after you cease to be a tenant in that premises; or h. Structural alterations, new construc- tion or demolition operations per- formed by or on behalf of such premises owner, manager or lessor. J. BLANKET ADDITIONAL INSURED - LESSORS OF LEASED EQUIPMENT The following is added 'to SECTION II - WHO IS AN INSURED: Any person or organization that is an equipment lessor is an insured, but only with respect to liability for "bod- ily injury ", "property damage ", "per- sonal injury" or "advertising injury" caused, in whole or in part, by your acts or omissions in the maintenance, operation or use by you of equipment leased to you by such equipment les- sor. The insurance provided to'such equip- ment .lessor does not apply to any "bodily injury" or "property damage" caused by an "occurrence" that takes place, or "personal injury" or "advertis- ing injury" caused by an offense that is committed, after the equipment lease expires. K. BLANKET ADDITIONAL INSURED - PERSONS OR ORGANIZATIONS FOR YOUR ONGOING OPERATIONS AS REQUIRED BY WRITTEN CONTRACT OR AGREEMENT The following is added to SECTION II - WHO IS AN INSURED: written contract or agreement to in- clude as an additional insured on this Coverage Part is an insured, but only with respect to liability for "bodily in- jury" or "property damage" that: a. Is caused by an "occurrence" that takes place after you have signed and executed that contract or agreement; and b. Is caused, in whole or in part, by your acts or omissions in the per- formance of your ongoing opera- tions to which that contract or agreement applies or the acts or omissions of any person or organi- zation performing such operations on your behalf. The limits of insurance provided to such insured will be the limits which you agreed to provide in the written . contract or agreement, or the limits shown in the Declarations, whichever are less. L. BLANKET ADDITIONAL INSURED - BROAD FORM VENDORS The following is added to SECTION 11 - WHO IS AN INSURED: Any person or organization that is a vendor and that you have agreed in a written contract or agreement to in- clude' as- an- •additional insured on. this Coverage Part is an insured, but only with respect to liability for "bodily in- jury" or "property damage" that: a. Is caused by an "occurrence" that takes place after you have, signed and executed that contract or agreement; and h. Arises out of "your products" which are distributed or sold in the regular course of such vendor's business. The insurance provided to such vendor is subject to the following provisions: a. The limits of insurance provided to such vendor will be the limits which you agreed to provide in the written contract or agreement, or the limits shown in the Declarations, which- ever are less, - b. The insurance provided to such ven- dor does not apply to: (1) Any express warranty not au- thorized by you; (2) Any change 'in "your products" made by such vendor; (3) Repackaging, unless unpacked An Y person or organization that is not solely for the purpose of in- otherwise an insured under this Cover- spection, demonstration, testing,. age Part and that you have agreed in a Page 4 of 6 © 2008 The Travelers Companies, Inc. CG D4 17 07 08 Includes copyrighted material of Insurance Services Office, Inc, with Its permission. m' © 2008 The Travelers Companies, Inc, �I al Includes copyrighted material of Insurance Services Office, Inc. with its permission. or the substitution of parts un- b. After the date, if any, during the U der instructions from the manu- „ policy period that you no longer facturer, and then repackaged in, maintain an ownership interest of �i the original container, more than 50% In such subsidiary. (4) Any failure to matte such inspec- N. WHO IS AN INSURED - LIABILITY FOR tions, adjustments, tests or ser- CONDUCT OF UNNAMED PARTNERSHIPS. OR �i vicing as vendors agree to per JOINT VENTURES °off form or normally undertake to perform in the regular course of The following replaces the last para- business, in connection with the graph of SECTION II - WHO IS AN $' distribution or sale of "your INSURED: products "; No person or organization is an insured (5) Demonstration, installation, ser- with respect to the conduct of any cur - $ vicing or repair operations, ex- rent or past partnership or joint venture cept such operations performed that is not shown as a Named Insured Ej at such vendor's premises in in the Declarations. This paragraph connection with the sale of does not apply to any such partnership "your products "; or or joint venture that otherwise qualifies as an insured under Section II _ Who Is (6) "Your products" which, after dis- An Insured. tribution or sale by you, have e been labeled or relabeled or D. CONTRACTUAL LIABILITY - RAILROADS r �' used as a container, .part or in- gredient of any other thing or 1. The following replaces Paragraph c. g p g p °a substance by or on. behalf of of the definition of "insured con - such vendor. tract" in the DEFINITIONS Section: N� °' Coverage under this provision does not c. Any easement or license agree- °; apply to: ment; °'i a. Any person or organization from 2. Paragraph f.(1) of the definition of whom you have acquired "your "insured contract" in the DEFINITIONS products ", or any ingredient, part or Section is deleted. container entering into, accompany- P. KNOWLEDGE AND NOTICE OF OCCURRENCE ing or containing such products; or OR OFFENSE — b. Any vendor for which coverage as The. following is added to Paragraph 2., an additional insured specifically is scheduled by endorsement. Duties In The Event of Occurrence, Offense, _ 'I Claim or Suit, of SECTION IV - M. WHO IS AN INSURED - UNNAMED COMMERCIAL GENERAL LIABILITY SUBSIDIARIES CONDITIONS: The following.is added to SECTION 11 - e. The following provisions apply to _ WHO IS AN INSURED: Paragraph a. above, but only for the Any of your subsidiaries, other than a purposes of the insurance provided partnership or joint venture, that is not under this Coverage Part to you or shown as a Named Insured in the Dec- any insured listed in Paragraph 1. or larations is a Named Insured if: 2. of Section 11 - Who Is An In- sured: a. You maintain an ownership interest — of more than 50% in such subsidi- (1) Notice to us of such "occur - ary on the first day of the policy rence "' or offense must be given i period; and as soon as practicable only after the "occurrence" or offense Is b. Such subsidiary is not an insured known to you (if you are an in- under similar other insurance, dividual), any of your partners or - No such subsidiary is an insured for members who is an individual (if "bodily injury" or "property damage" you are a partnership or joint that occurred, or "personal injury" or venture), any of your managers "advertising injury" caused by an of- who is an individual (if you are fense committed: a limited liability company), any of y our trustees who Is an indl- a. Before you maintained an ownership vidual (if you are a trust), any "executive interest of more than 50% in such of your officers" or subsidiary; or directors (if you are an organiza- tion other than a partnership, CG D4 17 07 08 © 2008 The Travelers Companies, Inc, Page 5 of 6 Includes copyrighted material of Insurance Services Office, Inc. with its permission. joint venture, limited liability company or trust) or any "em- ployee" authorized by you to give notice of an "occurrence" or offense. „ (2) If you are a partnership, joint venture, limited liability company or trust, and none of your part- ners, joint venture members, managers or trustees are indi- viduals, notice to us of such "occurrence" or offense must be given as. soon as practicable only after the . "occurrence" or .offense is known by; (a) Any individual who is: (1) A partner or member of any partnership or joint venture; (ii) A manager of any limited liability company; (iii) A trustee of any trust; or (iv) An executive officer or director of any other or- ganization; that is your partner, joint venture member, manager or trustee; or (b) Any "employee" authorized by such partnership, joint venture, limited liability com- pany, trust or other organiza- tion to give notice of an "occurrence" or offense. (3) Notice to us of such "occur- rence" or offense will be deemed to be given as soon as practicable if it is given in good faith as soon as practicable to your workers` compensation in- surer. This applies only if you subsequently give notice to us of the "occurrence" or offense as soon as practicable after any of the persons described in Paragraphs e. (1) or (2) above discovers that the "occurrence" or offense may result in sums to which the insurance provided under this Coverage Part may apply. However, if this policy includes an endorsement that provides limited coverage for "bodily injury" or "property damage" or pollution costs arising out of a discharge, re- lease or escape of "pollutants" which contains a requirement that the discharge, release or escape of "pollutants" must be reported to us within a specific number of days after its abrupt commencement, this Paragraph e. does not affect that requirement. O. UNINTENTIONAL OMISSION The following is added to Paragraph 6., Representations, of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS: The unintentional omission of; or unin- tentional error in, any information pro- vided by you which we relied upon In issuing this policy will not prejudice y.our rights under this insurance. How- ever, this provision does not affect our right to collect additional premium or to exercise our rights of cancellation or nonrenewal in accordance with ap- plicable insurance laws or regulations. R. BLANKET WAIVER OF SUBROGATION The following is added to Paragraph B., Transfer....0f..- Rights._. Of Recovery Against Others To Us, of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS: If the insured has agreed in a contract or agreement to waive that insured's right of recovery against any .person or organization, we waive our right of re- covery against such person or organiza- tion, but only for payments we make because of: a. "Bodily injury" or "property dam- age" caused by an "occurrence" that takes place; or b. "Personal injury" or "advertising in- jury" caused by an offense that is committed; subsequent to the execution of the contract or agreement. Page 6 of 6 © 2008 The Travelers Companies, Inc. CG 174 17 07 08 Includes copyrighted material of Insurance Services Office, Inc. with its permission. E m ro 0 M_ COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 6. OTHER INSURANCE - ADDITIONAL INSUREDS - PRIMARY AND NON - CONTRIBUTORY WITH RESPECT TO CERTAIN OTHER INSURANCE 0 0 8I of0 M, i CI ry. vl a N N O� O V O r �I A This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART The following is added to Paragraph 4. a., Primary Insurance, of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS: However, if you specifically agree in a writ- ten contract or agreement that the insurance afforded to an additional insured under this Coverage Part must apply on a primary ba- sis, or a primary and non-contributory basis, this insurance is primary to other insurance that is available to such additional insured which covers such additional insured as a I CG D4 25 07 08 ,named insured, and we will not share with that other insurance, provided that: (1) The "bodily injury" or "property damage" for which coverage is sought is caused by an "occurrence" that takes place; and (2) The "personal injury" or "advertising in- jury" for which coverage is sought arises out of an offense that is committed; subsequent to the signing and execution of that contract or agreement by you. o 2008 The Travelers Companies, Inc. Page 1 of 1 '`'� ®P CERTIFICATE OF LIABILITY INSURANCE 4122�714YY) 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 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 Daly Merritt Insurance 100 Maple r go13 -11D �V 0� Wyandotte MI 48192 CONTACT Cathy Stannis-REP PHONE (734) 283 -1400 FA'°XC 0:(734)283 -1197 AENAn 'ss:Cathy.8tannis @dalymerritt. com INSURERS AFFORDING COVERAGE NAIC# INSURERA:Federal Insurance Co. 20281 INSURED FAAC Inc. 1229 Oak Valley Drive Ann Arbor MI 48108 -9675 INSURERB:Great Northern Ins. Co. 20303 INSURERC:The Standard Fire Insurance Cc 19070 INSURER D: INSURER E $ 1,000,000 INSURER F: X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE FxIOCCUR COVERAGES CERTIFICATE NUMBER:CL1442206788 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF MMIDDIYYYY POLICY EXP MMIDDIYYYY LIMITS Santa Ana, CA 92701��.+ GENERAL LIABILITY Kyle O'tlalley /STANNI EACH OCCURRENCE $ 1,000,000 A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE FxIOCCUR 36000820 /1/2014 /1/2015 DANA LI U KEN TE PREMISES Ea occurrence $ 1,000,000 MED EXP(Any one person) $ 10,000 PERSONAL &ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 21000,000 GENL AGGREGATE LIMIT APPLIES PER'. PRODUCTS - COMNOP AGG $ 2,000,000 X POLICY PRO LOG JECT F-1 $ AUTOMOBILE LIABILITY OMBI EDt SINGLE LIMIT 1 000 000 X BODILY INJURY (Per person) $ B ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS 73583837 /1/2014 /1/2015 BODILY INJURY (Per accident)) $ N ED HIRED AUTOS AUTOS UTOS PROPERTY DAMAGE Per accident $ Pro etl tlame a Bu back $ 4 UMBRELLA LIAB X OCCUR EACHX OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 A EXCESS LIAB CLAIMS -MADE DED RETENTION$ $ 79877681 /1/2014 /1/2015 C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y/ N ANY PROPRIETOR /PARTNER /EXECUTIVE (Mandatory OFFICER/MEMBER H)EXCLUDED? (Mandatory In NH) NIA CUB3D69497 -0 -19 /1/2014 /1/2015 X WC STATU- OTH- E.L. EACH ACCIDENT $ 500,000 E.L, DISEASE -EAEMPLOYEL $ 500 000 If yes, descrlbe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT 1 $ 500 000 DESCRIPTION OF OPERATIONS / LOCATIONS /VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required) The certificate holder is listed as additional insured with respects to the General Liability as required by written contract. (✓Y� �C a' � �V I' VU CERTIFICATE HOLDER CANCELLATION ACORD 25 (2010/05) INS025 (201005).01 © 1988 -2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 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: Police Dept AUTHORIZED REPRESENTATIVE Robert Breken£eld P.O. Box 1981 Santa Ana, CA 92701��.+ Kyle O'tlalley /STANNI ACORD 25 (2010/05) INS025 (201005).01 © 1988 -2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD =HUNW Chubb Commercial Excess And Umbrella Insurance Schedule Of Underlying Insurance Effective date: MAY 1, 2014 Policy Number. 7987 -76 -81 Insured: Description oyerm� mp s Insurer. Policy No.: Policy Period: to: Insurer: Policy No.: Policy Period: to: Occurrence Insurer: Policy No.: Policy Period: to: FAAC INCORPORATED Limits THE STANDARD FIRE INSURANCE COMPANY HCUBSD69497 -0 -14 Coverage B - Employer's Liability 05/01/2014 Bodily Injury By Accident 05/01 /2015 $ 500, 000. Each Accident Bodily Injury By Disease $ 500, 000. Policy Limit $ 500, 000. Each Employee �� «terzxttwraro rwwa� t 9l At ti SM =u� r GREAT NORTHER INSURANCE COMPANY 3600 -08 -20 $ 1,000,000. Each Occurrence 05/01/2014 $ 2, 000, 000. General Aggregate 05/01/2015 $ 1, 000, 000. Products /Completed Operations Aggregate $ 1,000,000. Personal and Advertising Injury (aggregate when applicable) 7358 -38.37 05/01/2014 05/0112015 INSURANCE COMPANY Includes owned, non -owned and hired autos $ 1, 000, 000. Each Accident or Bodily Injury Liability Each Person Each Accident Property Damage Liability Each Accident .. Chubb Commercial Excess And Umbrella Insurance continued Liability Insurance HWE3 Endorsement Policy Period MAY 1, 2014 TO MAY 1, 2015 Effective Date MAY 1, 2014 Policy Number 3600 -08 -20 MBO Insured FAAC INCORPORATED Name of Company GREAT NORTHERN INSURANCE COMPANY Date Issued MAY 13, 2014 This Endorsement applies to the following forms: GENERAL LIABILITY EMPLOYEE BENEFTTS ERRORS OR OMISSIONS Under Conditions, the following provision is added to the condition titled Other Insurance. Conditions Other Insurance - If you are obligated, pursuant to a written contract or agreement, to provide the person or Primary, Noncontributory organization described in the Schedule (that is also included in the Who Is An Insured section of this Insurance - Scheduled contract) with primary insurance such as is afforded by this policy, then this insurance is primary and Person Or Organization we will not seek contribution from insurance available to such person or organization. Schedule Lfabiriry Insurance 80 -02 -2653 (Rev. 7 -09) Persons or organizations described in the Who Is An Insured section of this contract and that you are obligated, pursuant to a written contract or agreement, to provide with primary insurance as is afforded by this policy, but only to the minimum extent required by such contract or agreement. All other terms mud conditions remain unchanged. Authorized Representative Conditions - Other Insurance - Primary, Noncontributory Insurance - Scheduled Person Or Organization last page Endorsement Page 1