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HomeMy WebLinkAboutLINEAR SYSTEMS (2) -20131 V) l INSURANCE ON I`II,S WORK MAY PNOVEED 11NTILINSUI NCE XPIRE',' UNCIL... s CLERK Or CO ,t? E.. DATE: M0 2 3 2013 MAINTENANCE AND UPGRADE AGREEMENT A- 2013 -176 THIS MAINTENANCE AND UPGRADE AGREEMENT, made and entered into this 18 °' day of November, 2013 by and between Linear Systems (hereinafter "Contractor "), and the City of Strata Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City "). RECITALS A. The City desires to retain a Contractor having special skill and knowledge in the field of providing maintenance to and upgrades as necessary for the Police Department's digital imaging management system (DIMS) which maintains all photograph, video and audio evidence for the Police Department. B. Contractor represents that Contractor is able and willing to provide such services to the City. C, Contractor has provided maintenance and support for the DIMS system since it was originally purchased in 2004. 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: SCOPE ON SERVICES Contractor shall provide maintenance and upgrades to the DIMS system as outlined in the attached Exhibit "A". This shall include a one year warranty for enhanced digital acquisition station, image server, forensic services field personnel kits, and two forensic services lab kits. It shall also include on -site maintenance and support for the data base case management rack. server, PDD library and digital output devices. 2. COMPENSATION a. City agrees to pay, and Contractor agrees to accept as total payment for its services, the rates and charges identified in Exhibit A. The total sum to be expended under this Agreement shall be $29,999.00. b� Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This term of this Agreement shall be for a one (1) year period, unless terminated earlier in accordance with Section 12 of this Agreement. 4. INDEPENDENT CONTRACTOR Contractor 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, ajoint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar Mixes relating to employees and shall be responsible for all applicable withholding taxes. 5. INSURANCE Prior to undertaking performance of work under this Agreement, Contractor shalt maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Contractor 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 therefrom and damage to property, resulting from any act or occurrence arising out of Contractor's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence. Contractor shall supply City with a fully executed additional insured endorsement in substantially the form attached hereto as Exhibit C upon execution of this Agreement and shall be approved in form by the City Attorney. b. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Contractor, if Contractor 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, Contractor 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 Contractor pursuant to this section: (i) Contractor 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. d. If Contractor fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not effect Contractor's right to be paid for its time and materials expended prior to notification of termination. Contractor waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 6. INDEMNIFICATION Contractor agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, Contractors, special counsel, and representatives from liability: (l) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including health, and claims for property damage, which may arise from the direct or indirect operations of the Contractor or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable 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 Contractor 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, CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and /or proprietary, Contractor 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 I mportance, 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 paeans. 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 Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City. 8. CONFLICT OF INTEREST CLAUSE Contractor covenants that it presently has no interests and shall not acquire any interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. No persons having such interest shall be employed by or associated with Contractor. 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 Fax (714) 647 -6956 With eouttesy copies to: Chief of Police Santa Ana Police Department City of Santa Ana 60 Civic Center Plaza (M -97) P.O. Box 1988 Santa Ana, California 92702 Fax (714) 245 -8007 and City Attorney City of Santa Ana 20 Civic Center Plaza (M -29) P.O. Box 1988 Santa Ana, California 92702 Fax (714) 647 -6515 To Contractor: Linear Systems 8403 Maple Place Rancho Cucamonga, California 91730 Fax (909) 899 -4346 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, any communication shall be effective or deemed to have been given three (3) clays 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 Contractor, 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 Contractor. 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 Contractor 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: 11. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor 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 mull 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 Contractors retained by City. 1.2. TERMINATION This Agreement may be terminated by either party upon ninety (90) days written notice of termination to the other party. 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 Police Chief may require Consultant to deliver to the City all work product completes[ 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. 13. DISCRIMINA'T'ION Contractor 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. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. JURISDIC'T'ION - VENUE This Agreement and all questions relating to its validity, interpretation, performance, and enforcement shall be governed and construed in accordance with the laws of the State of California. This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 15. COMPLIANCE WITH GOVERNMENTAL REQUIREMENTS Contractor shall carry out all services pursuant to this Agreement in substantial conformity with all applicable laws, ordinances, statutes, codes rules regulations orders, and -- decrees of the United States, the State of California, the County of Orange, the City, and of any other political subdivision, agency, or instrumentality exercising jurisdiction over the City, including all applicable federal, state, and local occupation, safety and health laws, rules, regulations and standards, the Displaced Janitorial Opportunity Act, Section I Chapter 4.5 (commencing with Section 1060) added to part 3 of Division 2 of the California Labor Code, applicable state and labor standards, prevailing wage requirements, the City zoning and development standards, City permits and approvals, building, plumbing, mechanical and electrical codes, as they may apply, and all other provisions of the City and its Municipal Code (as they may apply), and all applicable disabled and handicapped access requirements, including, without the limitation, the Americans With Disability Act, 42 U.S.C. § 12101 et seq., Government Code § 4450 et seq., and the Unruh Civil Rights Act, Civil Code § 51 et seq. 16. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn, b. All Exhibits referenced herein and attached hereto shall be incorporated as if filly 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: `mnvL& ml�, MARIA HUIZAR Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney EY.. . 1.LlC�r�� {L Laura A. Rossini Senior Assistant City Attorney CITY OF SANTA ANA DAVI VAZO. City Manager CONTRACTOR LINEAR SYSTEMS Tax. ID # 0 % 60 P7 RECOMMENDED FOR APPROVAL: Carlos Rojas Acting Chief of Police EXHIBIT A LINEAR SYSTEMS 8403 Maple Place Rancho Cucamonga, CA. 91730 909.899.4345 909 - 8994346 FAX BILL TO y of Santa Ana chasing Division M -16 Civic Center Plaza Rm 429 its Ana, CA 92701 iron Heit (714)647 -5467 SHIP TO Santa Ana PD Photo Lab 60 Civic Center Plaaa. Santa Ana, CA. 92702 Attn: Heather Heider Account # SAN8471 INVOICE DATE INVOICE# 8/19/20 t3 20139632 P.D. # TERMS REP SHIPV1A FOB I SHIP DA... DUEPATE INVOICED Net 30 JH NIA Source 8119/2013 9/18/2013 07/01/2013 ITEM DESCRIPTION QTY. B/O LIST $ UNIT $ TOTAL LSIIOODSD Linear I Year Depot Warranty for Enhanced Digital Acquisition Station 1 2,750.00 2,750.00 1.911001SO Linear 1 Year On -Site Warranty for ImageServer 1 8,750.00 8,750.00 LSI I OOOSIT Linear I year on -site maintenance & support for Database Case 1 3,500.00 3,500.00 Management Rack Server L911000S1T Linear 1 year on -site maintenance & support for Linear PDD Library 1 8,750.00 8,790.00 LSIIOOOSWAE Linear I year additional warranty Forensic Services Field Personnel Kits 1 2,985.75 2,985.75 ISHOOOSWAE Linear I year additional warranty Forensic Services Lab Kit 60D 1 975.00 975.00 l.SH000SWAE Linear l year additional warranty Forensic Services Lab Kit XL-2 1 215.00 215,00 LSR000SWAE Linear I year on -site maintenance & support for Digital Output Devices 1 5,400.00 5,400.00 DISCOUNT Discount - 3,326,75 3,326,75 **Warranty to Cover Period From: 7 /[/2013 through 6 /30/2014'" Ji 'I hank you for your business. ��j _ 2 ? q %r iisP.�t✓,YBF �'l Y7.C' Sales Tax (8.0 %) $0.00 7$P� /aOZVC�: Total $29,999.00 Balance Due $29,999.00 20% restocking fee an all returned merchandise. 50% restocking fee on special orders or on product returned without all original packing materials. No returns on software. All produces will be considered shipped complete and undamaged unless Linear is notified otherwise within 48 hours. No returns without a RMA # issued by Linear, All products carry manufacturors warranty only unless specified in writing. All additional service contracts (Preferred Customer Program) must he listed on invoice. Signature on invoice or acceptance of shipment acknowledges receipt of order. Customers with past due invoices will not be shipped any new orders or RMAs. Past due invoices Nom the date of invoice will be charged 25% interest pet day as per Department of General Services Prompt Payment Act. Linear Systems is a CERTIFIED SMALL BUSINESS with the Department of General Services. REF #0020657. This requires all customers and agencies to be in compliance with prompt payment terms. q y/�syry�t�y!'� {Fyy Client& 209335 LINFSYST YLV�✓RD.n CE'RTIF'ICATE OF LIABILITY INSURANCE tlATE {MM10TdYYYYI 0412412013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIPICATE HOLbER. THIS CERTIPICATE DOES NOT AFFIRMATIVELY OR NBOATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED DYTHE POLICIES BELOW. THIS ,CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER, 1MPORTAN t if thS caNlNcafe holder son DDITIO AL INBURED, lice pollcy(las) munt ae en orsed.lf SU BROGATIOIJ IS WAIVED, suhJmtto the terms and conditions of the policy, eonnin pollolas may require an andorsamam. A Statement On this certificate does not confer righta to Zhu Certificate holder in lieu of such oodorsomant s . PRODNCeR Hub Intornatlonal HUB Latham Insurance 5101 Inc. 4371 Latham St, Ste #101 Riverside, CA 02501 ��IUSUSEaA;Cttlzens ennifer Housal --- Jut--. - .877 825.2Cs81 a; 951 231.2872 _ _ a I s, CEII,GPU hubihternatlenal.com R4e1@IMEAPFORDINO COVERAGE NAIr0 Insurance Company etA 31534 INSURen Llnear3ystams Chris Paracha Cher; __ w3URSRe IAlmarlca Financial Benefit Iris 4T8 0 Nsuaen at Boazley Ina urance Company, Inc, 37540 _.. INSURERS! $1009000 8403 Maple Place Rancho Cueamongu, CA 81730 ^ INSU9aRa1 9100Q0 e11RPR Pe it 50000 THIS IS TO D. NOTWITHSTANDING THE POLICIES UI 1MENT. )RANCE INDICATED. ANY OR CE TER LISI OR CONDITION HAVE. BEEN ISSUED TOTHG HER DOCUMENT b NAMED ABOVE FORTHE POWHICH THIS 0DED ANY OTHER WITH RESPECT TO WHICH THIS ANY BE ISSUEID PERT IN, TH INS AFF HE FOLIC'I'OR CERTIPICATE MAY 86 ISSUED OR MAY PERTAIN, THE INSURANCE SHOW AFFORDED BY THE EDUCED Y PAID HERERJ IS SUBJECT 70 ALL }'yE 7EgN,S, D HER EµXCLUatONa AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN 9Y PMD CWMS. 4TR _ Tymor INSURANCE �__ ,a „L1,W U 1'MICY NUMEER pRpELC�UyCgEppD MIA[1dYYYYY� Mn01[I FYV LIMS7a_`_- A (ENCRALLMIJILITY _CAMM[RdALOENERALLUaI.rrY CIAIlNRJ.IADF. 'F:�lcomN OB398981315 D412612019 04125/2014 VKHOOCURRENCE $1009000 � RPNI; vo a MED f &P (Myone aeio0>n, s3DD000 9100Q0 PERSONAL k wV IN.1nny it 50000 _„_.........,..... -.. OENERALAMPRIATE g2yp BU 0 eF.R'L AafbHRUAIE ",VY LIhIRMPLlEB PER! Pa I.00 PRODUcle- MIANOPAGO �- $1 SIR) 000 B AUTOMORILCLIABINY X X AWAUIO ALLOWNED fSCHPCULEb AAMW IMITes IIIR(:D AeR)R X NON'GWNEDF�ITHP2 AWIDS AW390968090U 4f25l201304125l201 N.I enuO. —.... ,,,._•. SCDLY INJURY(Porporson) ixD00,000___ $ RODS.Y INJURY(POraWtInn0 $ —Rirvy-- aLpml,tlo_nt�__ $ _- 0 UMaRELLAL1Alt EXCESS LIAR OCCUR MAIM3NRADC [l�CII f1CCURREHCE ACCHECA}P $ 4 S WCNUHe 301APENSATION AND EMPLOYERS- LUIRILPV AN PIICr +IiiETf7NPPRTtIE.Ah'XECIIrNE YIN CY ICa ME lrcn C EO ®NIA raandoiaryb, NHI n w,aauvi>o u,aar U aCRIPi UN (IP gPERATIDN3 Mw W73957155400 310112013 ____ 03!017201 WCaTATU- ollb {. X "- ol.. EACH ACLIDM'iL 1D0DD00 E.L.DaI[ASn�F.A F:FnI?LOYFE 0_06( },000 EL, DISPABC -POLICY LIMN &1000,000 C ProfasslOna) V702F2930401 3/01/2013 03/0112014 $1,0601000 Eech Olairn Liability $1,000,000 Aggregate S10 000 Ded"PetlUle 09SCRIPTION OP OPERATIONS? WI,A }1eN61 Va111OLn81Allnah AoORO tai, Adeslmf Romoten eohedole, vn,.M son. b m ni,,dl Certificate holder Is additional Insured In rogards to the gansral liability policy per the attached endorsement form 3914006 08109 fi1f110Ya1_II,Tt11Ll1V ppli0y-JS 1"15 the attached endorsement Term 4..77 VV ��;,AUU EE99..��5 AA lVJ rrC�c^ -"-' . Laura A, Rossini City of Santa Ana SHOULD ANY OF THE MOVE DESOM= POLICIES 13E CANCELLED bt-- ORE; THE EXPIRATION DATE THEREOF, NOTICE WILL he DELIVL7tE0 IN 20 Civic Center Plara ACCORDANCE WITH THE POLICY PROVAIDNa, Santa Ann, CA 92701 Aunloalxrn HNPREeanrATma _ R 1949.2010 ACORD CORPORATION, All r10hts murvad, ACCRD 29 (7010109) 1 Of 1 Tha AOORO Hama and latlo are Yaglslered itfalits W ACORG #32214473IM2214455 JMA3 Policy Number: .013398988 IS 2r 1-��r�Ilav�e� Insurance Croup. 0898888816 1001061 BUSINESSOWNER6 LIABILITY SPECIAL BROADENING ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Thla endorsement modiflea Insurance provlded under tho foliowing: BUSINESBOWNERS COVERAGE FORM SUMMARY OF CCVERAOES Limits Pngo 1. Additional Insured by Contract, Agreement or Permit 2. Additional naured - Broad Form Vendors 8, Allonaiad Promises 4, Bodily In)ury.Redofined g. Broad Form Properly Damage - Sorrowed Equipment, Customers Goode and Use of Elevators 6. incidental Malpractice (Employed N4rsos, EMT's and Paramedics) T. Personal and Advortisino Injury- broad Form 8, Product Recall Expense 126,0000r.ourrence $60,p0U Aggregate 0. Unlniantlonhl Facture to 171aclnae Hazarcls 5 10, Unintentional I- allure to Notify S This endorsement amands coverages provided under iha Sushlessownere Coverage. Form through now coverages end broader coveragq grants. This covornge is subject to the provlsions. appiicubio its the Businossowners Coverage perm, except as provided bolow, 1. Additional insured by Contract, Agreoment or Thls Insurance applies on a primary basis If Permit I that Is required by the written contract, Under SECTION Il - LIABILITY, C. Who Is An agreement or permit. Insured, Paragraph 4. is added as (otlowst b. This provision does not apply: a. Any parson or orpnnizotion for whom, you (1) Unless the written contract or written are performing operatlons when you and agreement has been executed or permit such person or organization have agreed In has been issuod prior to the " bodily writing In a contract, agrooment or permit injury ", " property damatIa" or "personal that such person or organization be added and advertising Injury"; as an add !land) Ensured on your, policy, Sucir (2) To any person or organization InciUded parson or orgenlzallon la an addllional as an Insured by an endorsement Insured only with respect to liability for "bodily Injury ", "property damage° ar issued by us slid made pert of this "personal and advertising Injury" caused, In Policy` whole or In part, by: (3) TO any poraon or organization Included (1) Your acts or omiselons; or • as an insured under Item 1.a2. of tlrla errdursemeni; (2) Tn acts h alf, omlasluns of those sating y on your behalf, (A) To any lessor of oquipment: but only with respect. to., (a) After the equipment loans expires; or (;J) "Your work" for the additional insured(n) (b) If the "bodily Injury", ,property contract, 10001011 � 9alment or permit; In the adveerlfaing f Jury" arises put of lho (4) Pmmiass you own, ront, lease, control or sole negligence of iha lessor; Occupy, 691.100608 09 Includes copyrighted materlol of $ Inaurairea�Eorviccss Qifjy� Pago,1 or a 10.177 ` 7i,, RO V ,�8�.i�1t�(D.�,�y . G�U7 Liltu'r8 A, Rossini Ass SIg1;lt City Attorney (5) To any: (a) Owners er other Interests from whom land hoe been leased which takes place after the lease for that land expires; or (b) Managers or lessors of promises It: (U The occurrence takes place after You coaao to be a tenant In that prenusos; or 01) The "bodily injury "property damage" or "personal pand advortisfng injury" arisos out of structural allera(fons, new construction or. damollgon Operations performed by or on behalf or the manager or lessor; or (0) To 'bodily Injury" 'Property damage" or "Personal and adverteho lnlury" orlsing out of the rendering of or the failure to render any professional servleos. c, 'Additional Insured coverage prov;dcd by this provision will not be broader than coverage provided to any othai' Insured. d. All other Insuring agreements, exclusions, and conditions or tho policy apply, 2, Additional Natured - Broad Fort" Vendoro Under SEMIOpl it • LIABILITY, 0. Who Is An Insured, paragroph 5, is added as rollowsr 5. Any person or organlzalion with whom Yee agreed, because of a written centruet or written agreement to provide Insurance, but only with respect to "bodlly Injury" or "property, damage" arising out of "your Products" which are distributed or sold in the reguldr course Of the vendor's business. The insurance afforded the vendor does not apply Io: a, "BodffY Injury" or "property damn©e" for which the vendor Is obligated to pay damacas by reason of the nasumption or liablfhy In a contract or agree moht. This exclusion does not apply to liability for damages that the vendor would have in the abaonca of the contract or agreement b, Any exprces warranty unauthorized by You; c. Any physical or chemical change In the Product made inienllonally by the V endor; d. Repackoulno, unless unpacked solely for iba purpose of inspection, demonstration, testing, or the substitution or parts Undor instruction from the mmtufacturcr, and then repackaged in the original container; o. Any.failura to make such Inspection, adjustmonte, Insist or servicing as the vendor has agrood to make or normally undertakes to make in the Usual course of business' In connection wlth the distribution or sale or the prOductl r. UemOnsWatien. InstAliatlon, servicing or repair operations, excEpt such oporations performed at the vandcr's Promises In connection with the ante of the product; g. Products which, attar distribution or sale, by you, have boon labeled or relabeled or used as a container, part or ingrodlont of any thing or substance by ar for the vendor; or It, "Bodily lnjury" or " propurty damage" arlslhg out of the sole negllgence, of the vendor for its Own acts or emissions or those Of lie, employees or anyone else acting on Ito behalf. However, thin exclusion does not apply to; (1) The exceptions contalnod in paragraphs 5,d. or.V.; or (2) Such Inspections, adlustmonts, lest Or servicing ar, iho vendor , has agraad to make or normally undertukea to make In' the usual COUtse of business, In aonnoehor with the distribution or sole of Ilia Products. This insuranca does eat apply to any Insured person or orgml2nif6h, from whom YOU hnvo osgulrOd' Ounlr products, or any Ingredient, purl or container, nntarma Into, accOmpanying or containing such products. Alienatod promises Under sm'rION II - LIASturY, 13. ExclusionO, paragraph 1.k.(2) is repianod In Its entirely with the followhig; (2) promises YOU 8011, give away or abandon, if the "property damage" arlrae out or any part of 00$0 prOmisos and occurred from I azards that were known by you, or should have 1*086nably been known by you, at the time the property was b'ansfarred or abandoned, Bodily Injury Redefined Under S8MON 11 • LIABILITY, F, Liability and Medical Bxpeneas pe6nbiona, d'Unlllon 4. Is replaced 111118 enhroty by the following: Sgt -1000 ga ea Indudos copyrighted material of insurance Sorvicua offico; Inc. Pane 2 of 5 10,178 4 "Bodily •Injury" moans bodily Injury. disebhity. sickness or disease sustained by a person, Including death resulting from any of thew at ally time. °Bodily Ihju dudes mental an ulah of, other mental lnlury resulting tram bodily in l . S. Broad Form Property Damage - Borrowed Equipmast, Castomors @aoda, Use of Eiavatarr a, Under 4506TION Il - LIABILITY, B.' EXUIuslans,'paragraph 1.k., tho following Is added; Paragraph (4) does not apply to °properly domago" to borrowad equipment while at a jobsite and not being used to perform operations. ' Paragraph (3), (4) and (6) do not apply to "property damage" to "cuotamera ¢sods" while on your premises nor to the Mae of elevators. b, Under SECTION it - LIABILITY, F. Liability and Medical Expuesos DoOnblons, the following additional definition Is addeo; "Oucdornora gouda" marine property or your customer on your premises for the Purp000 oI being: a. Worked on; of b. Used in your manufacturing process. c. The insurance afforded under this provision Is excess oval any *tiler valid and collectible property Insurance ( €riciuding deductible) oveliabio to fire insured whether primary, exr:ass, contingent or on Any other basis. Incidental Malpractice - Employed Nurror., EMT'a and'Paramadlce Under SECTION II • LIABILITY, O. Who Is An Insured, paragraph zo.(1)(d) does not apply to a nurse, emergency medical lechlticlan or pmamodac employed by yoll if you oro not engaged In the bumnasa or occupation of providing medical, poralnedioai, surgical, dental, x-ray or nursing services. Personal and Advertising Injury • Broad Form Under SECTION it - LIABILITY, F, Liability and Msdical Expanacm DallnlEons, definition 15, "Personal and Advertising 1pjury", parr {graph h. Is added as faliows: h. Ofscdminatlon or humiliation ttmless 1psuranee thereof )s prohibited by low) that resulls in hnfuty to the feelings or ropulatlon of a natural person, but only If such dlscrimfruition or humiliation is. (t) Not done Intentionally by or et tho direction or; 441-%sm 01330(ga31s 10NO61 (a) The Insured; or (fa) Any officer of the corporation, director, stockholder, partner or rnoutbor or the Insured; and (2) Not directly or Indirectly related to an „employee ", nor to the employment, Prospective employment or termination of any person or persons by an Insured, Product. Recall Expense a. Under SECTION it • LIABILITY, E, EXalustona, paragraph 1 V. is replaced in its entirety bythe Wllow1ng. o, Recall of Predicts, Wolfs or impaired Property Damages claimed for any toes, cost or expense incurred by you or others for the loss of use, withdrawal, recall, inspection, report, rapiacement, adjustment, removal or disposal of: (t) "Your product"; (2) "Your vtork"; or (3) "Inicalred pruparty"; If such product, work or properly Is withdrawn or recalled from the market of from use by any person or organization because of a known or suspected detect, doficlancy, Inadequacy or dangerous condition in it, but this oxcluelon does not apply to "product recall expenses" that you incur for the "coverod recall" of "your product ". The eXCOption to the exclaslon deal hot apply to "product recall expenaas" resulting from: (1) failure of any products to accomplish their Intended purpose; (7) Breach of wnrrantles of fiinose, quality, durobi lty or performance; (3) Loss of customer approval, or uny coat incurred to regain cuslomor approval; (4) Rodistribullon or repiscament of "your product° which ban boon recalled by like products or aubsllitima; (8) Caprice or whim of the Insured; (n) A condition likely to court) loss of which any moiled know or hod reason to know at the Inception of this Insurance; (7) Aabestoa, Including lass, damage w' clean up rauultinif from asbestos or asbestos containing materials; or S81 -INN as 08 includes copyrighted material all Insw ante Smvlons Ofilca, Inc, Papa 1i of 6 19,179 (8) Recall of nyour products" filet have printed advartlsemsnts including no !mown or suspected defect solely because a known stationary, snvolopas . and or suspected defect in another of "your products" has bash Pouhd, postage; (2) 3hlpping 9na recalled products b, Under SECTION II . LIARII.ITY, C. Who from any purchaser, dlproducts or Usgr to Purchaser, piece Ev places Is An Insured, parograph 4.c, Is added rfeaignalto by you; as follows: c, "Bodily Inttiry" or "roperly damage" p (8) Rgmvnorallon regular "employ to y do not apply 'lo "product recall ees for necessary overtime; expense" arising out or any withdrawal or recall that occurred (4) Hhtng additional persons, other before you acquired or formed the than your rC�ular "omploye:ea'; organization. (S) Expenses Incurred by . c, Under SECTION If - LIABILITY, E, "employees" fncludfng " Liability and Medical Expanso Ganural transportation find Conditions, 2. Duties in tile event of accommodatlons; Orrurronce, Offense, Claim or suit, (6) Expanses to rent additional paragraph a. Is added as follows; warehouse or storage space; e, You must Gas to it that the following (7) Disposal of "your product ", but are dons In the avant of an actual or only to the extent that specific anticipated "covered recall" that methods of destruction other may result In "produrt recall than those employed for trash expense°: discarding or disposal are (nj Give us prompt notice or any required to aveld "bodily injury" discovery or ratification that or "property damaga" as a result "Your product" most be or such disposal, withdrawn or recalled. Include a you Incur oxclualvety for the purpose description of "year produer' of recalling "your product; and and the reason far the b. 'Your lost profit Mulling from such Withdrawal or recall; "covered rocall". (2) Gesso any furihar release, shipment, consignment or any e. Under SECTION Il - LIABILITY, D, Liability and Med1oill Expenses Llmits of nthor Method of distrIbufion or Insurance, the following is added; like or similar products until d has both determined fret all 6< The Limits of Insuranco and rules such products are area from atetgd hotel' fix the mor >t that we that H GEIUGD Of will pay under this Product Recall lostunder toss hider this Insurance, is In r Expense Coverage, d. Udder SECTION 11 - LIABILITY, p. (1) The Aggregate Limit is the roost Lability and Msdloai Expon000 that we will reimburse you for DOullitions, the following additional the sum of all product recall deilnfhons are addod: expenses" incurred for all "covered recall' means a recall made in t d during uctrecall policy 4 y period. rlucessury because you or a government body has determined that a known or (2) The occurrence Limit shown on suspectod defect, doflclency, the Summary of Covoragea Is Inadequacy, or dangerous condition In the mast wu will pay in "Your product" has resulied 01, will result conrloctlon with any one dotoot In "bodily In)ury" or " proporty damage" or dafiolency. "product recall experleo(a)" Incallil: (a) All "product recall exfp[ensa R" ill connection a, Necoeaury and renspnoblE expenses Wlth subslantiallY the salve tar: general harmiol condition (1) Coln muncations, Including radio wll) b0 deemed to ariso out r or iclovlslan anneungemonts or Of tile same dst'oet or dellclancy and conGldored one "occurrotibe. 8811066 pa p9 Includes rapyrighted matorinl of mimenae flo vlcea Office, 1116. Page d o{ L ts,laa aztm109 (b) Any amount reimbursed for °product recall expeneoe" In connection. With any one "occurrence" will reduce the amount of the Aggrogaio Limit avallable for rehnburdetnnnt of "product recall expenses" In connection with any other defart or deficiency, (a) If the A99rcoate Limit has bean reduced by rahnflursoment of "product rocali expenses" to an amount that is lose than the OCeurrence Limit, the remaining Aggregate Limit is the most that will be avallable for reimburaoment of "product recall expenaefi" In ' connection with any other dofoot or deficiency. S. A dodurlihle or 4'390 applies per each "occurrence ", 0, 'Unlnlohtional Failut'a to Dlecicsa Hazards Under SECTION 11 - LIA131LITY, E. Llability and Medical Expensee General Conditions, Paragraph C in added as follows; a. Representations We Will not diaclaim coverage under this Coverage Form if you fail to disrloso all hazards existing as of the Inception date of the pollcY provided such failure Is not Intentional, 10. Unintentional Failure to Notify Under SECTION 11 - LIARILITY, E. Llablilly and #40 d10111 Expoh000 Ooneral'Condnicns, 1 Dulles in the Euont of Occurrence, offense, Clelm or Stilt, paragraph f, Is added as follows: f. Your fights afforded under this Coverage Form shall not be prejudiced if you fall to givo us notiCII of an "occurrence ", offense, claim Of 'sUrr, solely due to your reasonable and docwnenlod belief Ihat the "bodily injury" or "property domaga" in not covered undoi' this policy, set -toot) ps 00 Includes copyr1011fod material of Inaurahca uorvicea Onk;o, Inc, Penn 6 of 6 99,181 AS if�A/•/�Lj.jAy 1�L/�101.Y�A • AP ✓VVV}Ow9i�!11 T,aua'a A, — Ros—ssani Assistant City Attortfley y�y —Ant`♦ Policy Number: 0889898815 f over '������ Insurnucecroup- OSag0a9al6 1001061 OTHER INSURANCE " PRIMARY AND NON - CONTRIBUTORY (ADDITIONAL INSURED) ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies Insurance provided antler the following: SUSINESSOWNERS COVERAGE FORM The following Is added to $ECTION III - COMMON POLICY CONDITIONS; M. other htsuranco (b) That Is Fire Insurance for 1. Additionallnsurads premises rented to ilia it you agree in a written contract, written Additional insured or agreement or permit that the Insurance temporarily occupied by the provided io any person or organization Additional Insured with included as an Additional Insured under permission of the owner; SECTION if � LIAMLITY, Part O - Who is Alt (n) That Is insurance purchased by Insured, is primary and noel- contributory, the Additlonal Insured to cover the following applies; the Additional Insured's liability If other valid and collectible insurance is as a tonant for "properly available to the Additional Insured for a lose damage" to prelplSea rented to we cover under =TioN 11 - LIABILITY, the AddlllonAl Insured or Pori A. Coverages, Paragraph 1., Business temporarily occupied by the U11111 ity our obligations are limited an Additional Inaurad with follows: permission of tho owner; or a Primary Insurance (d) If the _ lose arises cut of the This Insurance Is primary to other maintenance or use of aircraft, 'autos" Insurance [bat Is available td the or watorcraf, to the extent not Subject lO Exclusion Additional Insured which covers the Additional Insured as a Named Insured. g, of SECTION II . LIABILITY, Part We will not seek contribution from any A. Coverages, 1• Business other Insurance available to tine Liability, Additional insured except, When this lnaurance is excess, we will (1) Po S sal the nagifgencc of the have no duty under SECTION 11 - LIABILITY, Part A• Coverages, 1, Addltlaluren; Business Liability to defend the Insured (2) When the Additional Insured Is 40 against any "sult" If any other insurer Additional Insured under another has a duly to defend the insured against primary liability policy; or that "suit "• if no other insurer doitu • (a) When b42) below applies. we will undertake to dd so, but the will If this Insuranco Is Primary, our be entitled to the Insured's rights against all those other Insurers, obiigatttlns are. It not affected unless any of the other insurance Is i primary, When title insurance insurance In axrrsa over 'Chen, we will share with oil t that other other Insurance, we will pay only our insurance by the A16tholl described In share of the amount of the 1600, If tiny, b.(8) below, that uxeaeds ilia stun of: b• Excess Insurance (2) The total amount flint Ali each outer This Insurance Is excess over; insurance would pay for the loss at tie Sbsence of this Insurance: and (1) Any of the other Insuranco, whether (S) The total of all deductible and primary, excess, contingent or on Enquirer basis: eelhlnsured amounts tinder all that other Insurance. (a) That la PUn. Extended Covornge, We will share the rCmnhtlno Ions, V Lilly, Sulider's Rlsk, Installation Risk _. or almilur ooverage for "your with any Other Insuranco: that is not work "; 1hg9U -giag9 09 O9 htcludee copyrighted malarial of Lheuranea eaivlces offices, Inc,• will) Its parrnlsslon Pago 1 of 2 i describod In this Excess Insurance provision and was not bought specifically to apply In excess of the Limps of Insurance shown in the Doclaratlons of this coverage part Method Df $baring If ell of the other Insurance permits contribution by equal shapes, we will follow this method also, Under this approach oarh Inourer contributes equal amounts until It lies paid lie applicable limit oCinsurance or none of the loss remains, whichever comes first. If any of the Other Insurance coos not permit con�ributfon by equal shares, wo will contribute by limits. Under this method, each Insurer's shore is based on thO ratio of its applicable limit of Insurance to the total appllcabio limits of lnsuranco of all Insurers. 3Bt-1331 05 ps Indudea cmnydghled matotlal of lasuranro Borvleee gilicee, Ina„ VAlh Its parmlssiou Page 2 of 2 10.190 AC`s CERTIFICATE OF LIABILITY INSURANCE � DATE /13 /2M�DDA7Y, L 3/I 13/2014 C THIS ERTIFICATE E ICDOESISNOT APDPIRMATIVELYR'NEGATI�VELY AMEN ,EXTEND CONFERS NO OR ALTER TIHE COVERAGE (AFf•ORDED 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 Win ADDITIONAL IN°,aURE.D tha 4g`y(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the tarns and conditions of the policy, certain policlos Tray •rDr uleekan- anNGV§ement, A statement on this certificate does not confer rights to the conifcate holder in lieu of such endorsement(s), PRODUCER CONTACT HUB INTERNATIONAL INS SERVICES INC AME: PRONE FA}( ""°------------ - 800 533 -7215 Eau 866- 828 -2424 JSCLS F�L 4371 LATHAM ST, STE 101 EMAa A_DORESS Certificate @hanover.com RIVERSIDE, CA 92501 - 7NSUREWSLAFFORDfNG COVERAGE NAIL# INSURERA: Citizens Ins Cc of America E 31534 INSURED INSURERS: Allmerica Financial Benefit 41840 LINEAR SYSTEMS RER C 8403 MAPLE PLACE NS'U— " RANCHO CUCAMONGA, CA 91730 IN uRER ,_ 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. TN—SR i ____�__ V06, -'�"�- ��� F�LIBY EFF IR PODGY EX G__._.__._.__._ ___._____._-- ......__,..__._..- ...- ._.__� -. LTR TIPS OF INSURANCE ICY NUMBER MfDP i LIMITS GENERAL LIAMLITY I EACH CCCURRB4CE 51,060,900 X ; COMMERCIAL GENCRALLIABILr y X REMIgE6 rr-Sv+wyi *ta s 300,000 A CLAIMS -MADE X OCCUR �� OB3 9898815 01 1 04/26/2014 1 04/25/2015 MCDEXD (Any annf S 10,000 i PERSONAL 4ADVINJURY $1,000,000_ ' GENRRALAGGREDATE j s 2,006 000 - GENTAGOREGAELIMITAPPLLIESPER - ( j PRODUCiS- CGMPIQP ato 2,000000 ( POLICY PRO. LDC j 1 . MCI AUTOMOBILE UABlUTl F-^ '. SINGLE S 1,000,000 X pNV AU fO t IROPERT5 DILY INJURY {Par pvwnt S HE B LLOOYVVNED SCHEDULED AW3989880901 04/25/2014 1 04/25/2015 LAY INJURY (Per ardrbnt) S -- X HIRED AUTOS X AUTOS NONOMIED I DAAMAGE AUTOS S ( LPeraadaene ' E%CESS L �I OCCUR �I 11 EACH OCCURRENCE LCLAIMS_M IM AOE 1 I AGGREGATE I S nE RETENTIONS � I IB WORKERe COMPENSATfON - )( WG ATU- tt OT, AND EMPLOYERS' LIABILITY YIN i - 1i�IIT$L _ ER..,,_,�, B ANY PROPRIET IRIPAR NEI&EXECUTIV@ i . 1,000 000 4 CPYICIOXEMBEREXCLUDEO? � NIA f W23 9871564 01 03/01/2014 1 03/01/2015 EL EACH ACCOxENT _ 5 (Mammary In ran CL DISEASE -CA EMPLOYE 51,000000 �rn IFyae desrxlE6 ands (E.L DISEASE- pOLfGY LIMB 51,000,000 I DESCRIPTION OF OPERATIONSt LOCATIONS I VEHICLES (Aaaeh ACORD Url, Addifir alRemarks Sc1had.11 if mare sPa. Is M+1PiKd) Certificate Holder is an Additional Insured pursuant to the terms and conditions of form: 3911006 (Businessowners Liability Special Broadening Endorsement). Additional Insured is primary and noncontributory to the extent provided by form 391 -1331. CERTIFICATE HOLDER CANCELLATION City of Santa Ana ' 20 Civic Center Plaza �.'. A..L` S DULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE °-'� ` (j(q'oJ y�1 .Yt7 EXPIRATION DATE THEREOF NOTICE WILL BE DELIVERED IN Santa Ana, CA 92701 _ ACCORDANCE WITH THE POLICY PROVISIONS. �,,$glg'$L'v�. Rossini Assistant City AtLO Mey AUTHORIZED REPRESENTATIVE 01988.2010 ACORD CORPORATION. All rights reservedd. ACORD 26 (2010105) The ACORD name and logo are registered marks Of ACORD Client #: 269335 LINESYST ACORDTr CERTIFICATE OF LIABILITY INSURANCE DATED rYyyYJ CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, 03/110/20120114 4 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 endomement(s). PRODUCER CONTACT NAME: Jennifer HoLI Hub International PHONE 877 825 -2681 AX 951 231 -2572 E MAILO E?:J— (FA C, Na HUB Int'I Insurance Serv. Inc. ADDRESS: Cal.CPU @hubinternational.com 4371 Latham St, Ste #101 EACH OCCURRENCE $ INSURER(S) AFFORDING COVERAGE NAIC# Riverside, CA 92501 INSURER A: Beazley Insurance Company, Inc. 37540 INSURED INSURER B $ Linear Systems Chris Parsons dba: NSURERC: 8403 Maple Place INSURER D $ _ PERSONAL &ADV INJURY $ Rancho Cucamonga, CA 91730 INSURER E: 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 CONTRACTOR 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. LTR TYPE OF INSURANCE NSRL WVD POLICYNUMBER MMIIDY/YYYY MMIDIDYIYYTYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY PREMISES Ea occurrence $ CLAIMS -MADE ❑ OCCUR VIED EXP(Any one person) $ _ PERSONAL &ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LI MIT APPLIES PER: PRODUCTS - COMP /OPAGG $ POLICY PRO JECT LOG $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Be accident $ BODILY INJURY (Par person) $ ANYAUTO ALL OWNED SCHEDULED AUTOS .__ AUTOS BODILY INJURY (Per accident) $ NON OWNED HIRED AUTOS AUTOS PROPIF RTY DAMAGE Per accident _ $ $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $. AGGREGATE $ EXCESS LIAB CLAIMS -MADE DED RETENTION$ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETORIPARTNER /EXECUTIVE OFFICER /MEMBER EXCLUDED? NIA C W R L STATU- S EO TH- G.L. EACH ACCIDENT $ E . DISEASE EA EMPLOYEE $ (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ A Professional V102F2140501 03/01/2014 03/011201 $1,000,000 Each Claim Liabiility $1,000,000 Aggregate $10,000 Deductible DESCRIPTION OF OPERATIONS/ LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks _ �� Sc a le, if more space is required) Verification of Insurance. Z;JP ROY D AST— � ® o sasua A. Rossini aS, iotgnt City AttorneY City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92701 ACORD 25 (2010105) 1 of 1 #S2737809/M2737792 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988 -2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD JM43 gPROVED AS TQ FORM bvwrt�c - Hanover Laura A. Rossini Insurance Groups' Assistant City Attorney BUSINESSOWNERS LIABILITY SPECIAL BROADENING ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM SUMMARY OF COVERAGES Limits Page 1. Additional Insured by Contract, Agreement or Permit 1 2. Additional Insured — Broad Form Vendors 2 3. Alienated Premises 2 4. Bodily Injury Redefined 2 5. Broad Form Property Damage — Borrowed Equipment, Customers 2 Goods and Use of Elevators 6. Incidental Malpractice (Employed Nurses, EMT's and Paramedics) 3 7. Personal and Advertising Injury — Broad Form 3 8. Product Recall Expense $25,000 Occurrence $50,000 Aggregate 3 9. Unintentional Failure to Disclose Hazards 5 10. Unintentional Failure to Notify 5 This endorsement amends coverages provided under the Businessowners Coverage Form through new coverages and broader coverage grants. This coverage is subject to the provisions applicable to the Businessowners Coverage Form, except as provided below. 1. Additional Insured by Contract, Agreement or Permit Under SECTION II — LIABILITY, C. Who Is An Insured, Paragraph 4. is added as follows: a. Any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract, agreement or permit that such person or organization be added as an additional insured on your policy. Such person or organization is an additional insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: (1) Your acts or omissions; or (2) The acts or omissions of those acting on your behalf, but only with respect to: (3) "Your work" for the additional insured(s) at the location designated in the contract, agreement or permit; or (4) Premises you own, rent, lease, control or occupy. This insurance applies on a primary basis if that is required by the written contract, agreement or permit. b. This provision does not apply: (1) Unless the written contract or written agreement has been executed or permit has been issued prior to the "bodily injury", "property damage" or "personal and advertising injury"; (2) To any person or organization included as an insured by an endorsement issued by us and made part of this Policy; (3) To any person or organization included as an insured under Item 1.a.2. of this endorsement; (4) To any lessor of equipment: (a) After the equipment lease expires; or (b) If the "bodily injury", "property damage' or "personal and advertising injury" arises out of the sole negligence of the lessor; (5) To any: (a) Owners or other interests from whom land has been leased which takes 391.1006 06 09 Includes copyrighted material of Insurance Services Office, Inc. Page 1 of 5 place after the lease for that land expires; or (b) Managers or lessors of premises if: (i) The occurrence takes place after you cease to be a tenant in that premises; or (ii) The "bodily injury", "property damage' or "personal and advertising injury' arises out of structural alterations, new construction or demolition operations performed by or on behalf of the manager or lessor; or (6) To "bodily injury', "property damage' or "personal and advertising injury" arising out of the rendering of or the failure to render any professional services. c. Additional insured coverage provided by this provision will not be broader than coverage provided to any other insured. d. All other insuring agreements, exclusions, and conditions of the policy apply. 2. Additional Insured - Broad Form Vendors Under SECTION II — LIABILITY, C. Who Is An Insured, paragraph 5. is added as follows: 5. Any person or organization with whom you agreed, because of a written contract or written agreement to provide insurance, but only with respect to "bodily injury' or "property damage' arising out of "your products" which are distributed or sold in the regular course of the vendor's business. The insurance afforded the vendor does not apply to: a. 'Bodily injury' or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; b. Any express warranty unauthorized by you; c. Any physical or chemical change in the product made intentionally by the vendor; d. Repackaging, unless unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instruction from the manufacturer, and then repackaged in the original container; e. Any failure to make such inspection, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business in connection with the distribution or sale of the product; f. Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; g. Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any thing or substance by or for the vendor; or h. "Bodily injury' or "property damage' arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (1) The exceptions contained in paragraphs 5.d. or 5.f.; or (2) Such inspections, adjustments, test or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. 3. Alienated Premises Under SECTION II — LIABILITY, B. Exclusions, paragraph 1.k.(2) is replaced in its entirety with the following: (2) Premises you sell, give away or abandon, if the "property damage" arises out of any part of those premises and occurred from hazards that were known by you, or should have reasonably been known by you, at the time the property was transferred or abandoned. 4. Bodily Injury Redefined Under SECTION II — LIABILITY, F. Liability and Medical Expenses Definitions, definition 4. is replaced in its entirety by the following: 4. 'Bodily injury' means bodily injury, disability, sickness or disease sustained by a person, including death resulting from any of these at any time. 'Bodily Injury" includes mental anguish or other mental injury resulting from "bodily injury". 5. Broad Form Property Damage — Borrowed Equipment, Customers Goods, Use of Elevators 391.1006 06 09 Includes copyrighted material of Insurance Services Office, Inc. Page 2 of 5 44-1 Hanover 13iWrance Group" a. Under SECTION II — LIABILITY, B. a. Under SECTION II — LIABILITY, B. Exclusions, paragraph 1.k., the following is Exclusions, Paragraph 1. o. is replaced in its added: entirety by the following: Paragraph (4) does not apply to "property o. Recall of Products, Work or Impaired damage" to borrowed equipment while at a Property jobsite and not being used to perform Damages claimed for any loss, cost or operations. expense incurred by you or others for the Paragraph (3), (4) and (6) do not apply to loss of use, withdrawal, recall, inspection, "property damage" to "customers goods" while repair, replacement, adjustment, removal on your premises nor to the use of elevators. or disposal of: b. Under SECTION II — LIABILITY, F. Liability (1) "Your product "; and Medical Expenses Definitions, the (2) "Your work "; or following additional definition is added: (3) "Impaired property "; "Customers goods" means property of your customer on your premises for the purpose of If such product, work or property is being: withdrawn or recalled from the market or a. Worked on; or from use by any person or organization because of a known or suspected defect, b. Used in your manufacturing process. deficiency, inadequacy or dangerous c. The insurance afforded under this provision is condition in it, but this exclusion does not excess over any other valid and collectible apply to "product recall expenses' that you property insurance (including deductible) incur for the "covered recall" of "your available to the insured whether primary, product ". The exception to the exclusion excess, contingent or on any other basis. does not apply to "product recall expenses" resulting from: 6. Incidental Malpractice — Employed Nurses, EMT's and Paramedics (1) Failure of any products to accomplish their intended purpose; Under SECTION II — LIABILITY, C. Who Is An Insured, paragraph 2.a.(1)(d) does not apply to a (2) Breach of warranties of fitness, nurse, emergency medical technician or quality, durability or performance; paramedic employed by you if you are not (3) Loss of customer approval, or any engaged in the business or occupation of cost incurred to regain customer providing medical, paramedical, surgical, dental, x- approval; ray or nursing services. (4) Redistribution or replacement of "your 7. Personal and Advertising Injury— Broad Form product" which has been recalled by Under SECTION II — LIABILITY, F. Liability and like products or substitutes; Medical Expenses Definitions, definition 15, (5) Caprice or whim of the insured; "Personal and Advertising Injury", paragraph h. is (6) A condition likely to cause loss of added as follows: which any insured knew or had In. Discrimination or humiliation (unless insurance reason to know at the inception of thereof is prohibited by law) that results in this insurance; injury to the feelings or reputation of a natural (7) Asbestos, including loss, damage or person, but only if such discrimination or clean up resulting from asbestos or humiliation is: asbestos containing materials; or (1) Not done intentionally by or at the direction (8) Recall of "your products" that have no of: known or suspected defect solely (a) The insured; or because a known or suspected (b) Any officer of the corporation, director, defect in another of "your products' stockholder, partner or member of the has been found. insured; and b. Under SECTION II — LIABILITY, C. Who (2) Not directly or indirectly related to an Is An Insured, paragraph 4.c. is added as "employee", nor to the employment, follows: prospective employment or termination of c. "Bodily injury" or "property damage' any person or persons by an insured. do not apply to "product recall 8. Product Recall Expense expense" arising out of any withdrawal 391.1006 06 09 Includes copyrighted material of Insurance Services Office, Inc. Page 3 of 5 or recall that occurred before you acquired or formed the organization. c. Under SECTION II — LIABILITY, E. Liability and Medical Expense General Conditions, 2. Duties in the Event of Occurrence, Offense, Claim or Suit, paragraph e. is added as follows: e. You must see to it that the following are done in the event of an actual or anticipated "covered recall" that may result in "product recall expense ": (1) Give us prompt notice of any discovery or notification that "your product" must be withdrawn or recalled. Include a description of "your product" and the reason for the withdrawal or recall; (2) Cease any further release, shipment, consignment or any other method of distribution of like or similar products until it has been determined that all such products are free from defects that could be a cause of loss under this insurance. d. Under SECTION II — LIABILITY, F. Liability and Medical Expenses Definitions, the following additional definitions are added: "Covered recall" means a recall made necessary because you or a government body has determined that a known or suspected defect, deficiency, inadequacy, or dangerous condition in "your product" has resulted or will result in "bodily injury' or "property damage ". "Product recall expense(s)" means: a. Necessary and reasonable expenses for: (1) Communications, including radio or television announcements or printed advertisements including stationary, envelopes and postage; (2) Shipping the recalled products from any purchaser, distributor or user to the place or places designated by you; (3) Remuneration paid to your regular "employees" for necessary overtime; (4) Hiring additional persons, other than your regular "employees "; (5) Expenses incurred by "employees" including transportation and accommodations; (6) Expenses to rent additional warehouse or storage space; (7) Disposal of "your product ", but only to the extent that specific methods of destruction other than those employed for trash discarding or disposal are required to avoid "bodily injury" or "property damage" as a result of such disposal, you incur exclusively for the purpose of recalling "your product "'; and b. Your lost profit resulting from such "covered recall ". e. Under SECTION II — LIABILITY, D. Liability and Medical Expenses Limits of Insurance, the following is added: 5. The Limits of Insurance and rules stated below fix the most that we will pay under this Product Recall Expense Coverage. (1) The Aggregate Limit is the most that we will reimburse you for the sum of all "product recall expenses" incurred for all "product recall expenses' initiated during the policy period. (2) The Occurrence Limit shown on the Summary of Coverages is the most we will pay in connection with any one defect or deficiency. (a) All "product recall expenses' in connection with substantially the same general harmful condition will be deemed to arise out of the same defect or deficiency and considered one "occurrence'. (b) Any amount reimbursed for "product recall expenses" in connection with any one "occurrence" will reduce the amount of the Aggregate Limit available for reimbursement of "product recall expenses' in connection with any other defect or deficiency. (c) If the Aggregate Limit has been reduced by 391 -1006 06 09 Includes copyrighted material of Insurance Services Office, Inc. Page 4 of 5 Hanover htsurance Group" reimbursement of "product recall expenses' to an amount that is less than the Occurrence Limit, the remaining Aggregate Limit is the most that will be available for reimbursement of "product recall expenses" in connection with any other defect or deficiency. 6. A deductible of $500 applies per each "Occurrence ". 9. Unintentional Failure to Disclose Hazards Under SECTION II — LIABILITY, E. Liability and Medical Expenses General Conditions, paragraph 6. is added as follows: 6. Representations We will not disclaim coverage under this Coverage Form if you fail to disclose all hazards existing as of the inception date of the policy provided such failure is not intentional. 10. Unintentional Failure to Notify Under SECTION II — LIABILITY, E. Liability and Medical Expenses General Conditions, 2. Duties in the Event of Occurrence, Offense, Claim or Suit, paragraph f. is added as follows: Your rights afforded under this Coverage Form shall not be prejudiced if you fail to give us notice of an "occurrence', offense, claim or "suit', solely due to your reasonable and documented belief that the "bodily injury" or "property damage" is not covered under this Policy. 391.1006 06 09 Includes copyrighted material of Insurance Services Office, Inc. Page 5 of 5 E. Liability and Medical Expenses General Conditions 1. Bankruptcy Bankruptcy or insolvency of the insured or of the insured's estate will not relieve us of our obligations under this policy. 2. Duties In The Event Of Occurrence, Offense, Claim or Suit a. You must see to it that we are notified as soon as practicable of an "occurrence" or an offense, which may result in a claim. To the extent possible, notice should include: (1) How, when and where the "occurrence" or offense took place; (2) The names and addresses of any injured persons and witnesses; and (3) The nature and location of any injury or damage arising out of the "occurrence" or offense. b. If a claim is made or "suit" is brought against any insured, you must: (1) Immediately record the specifics of the claim or "suit" and the date received; and (2) Notify us as soon as practicable. You must see to it that we receive written notice of the claim or "suit" as soon as practicable. c. You and any other involved insured must: (1) Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the claim or "suit "; (2) Authorize us to obtain records and other information; (3) Cooperate with us in the investigation, or settlement of the claim or defense against the "suit "; and (4) Assist us, upon our request, in the enforcement of any right against any person or organization that may be liable to the insured because of injury or damage to which this insurance may also apply. d. No insured will, except at that insured's own cost, voluntarily make a payment, assume any obligation, or incur any expense, other than for first aid, without our consent. 3. Legal Action Against Us 4. No person or organization has a right under this policy: a. To join us as a party or otherwise bring us into a "suit" asking for damages from an insured: or b. To sue us on this policy unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured; but we will not be liable for damages that are not payable under the terms of this policy or that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us, the insured and the claimant or the claimant's legal representative. a. "As if each Named Insured were the only) Named Insured; and' h. Separately to each insured against whom, , claim is made or "suit" is brought.) F. Liability and Medical Expenses Definitions 1. "Advertisement" means a notice that is broadcast or published to the general public or specific market segments about your goods, products or services for the purpose of attracting customers or supporters. For the purposes of this definition: a. Notices that are published include material placed on the Internet or on similar electronic means of communication; and b. Regarding web - sites, only that part of a web -site that is about your goods, products or services for the purposes of attracting customers or supporters is considered an advertisement. 2. "Aircraft Products" means: a. Aircraft, including but not limited to missiles, spacecraft, or any other aircraft goods or products you manufacture, sell, handle or distribute; b. Aircraft and any ground support or control equipment used in connection therewith; c. Any product provided by the insured and installed or used in connection with any aircraft; 391 -1003 06 09 Includes copyrighted material of Insurance Services Page 58 of 66 Office, Inc. with its permission Hanover Insurance Group's OTHER INSURANCE - PRIMARY AND NON - CONTRIBUTORY (ADDITIONAL INSURED) ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM The following is added to SECTION III — COMMON POLICY CONDITIONS: M. Other Insurance 1. Additional Insureds If you agree in a written contract, written agreement or permit that the insurance provided to any person or organization included as an Additional Insured under SECTION II - LIABILITY, Part C — Who is An Insured, is primary and non - contributory, the following applies: If other valid and collectible insurance is available to the Additional Insured for a loss we cover under SECTION II — LIABILITY, Part A. Coverages, Paragraph 1., Business Liability our obligations are limited as follows: a. Primary Insurance This insurance is primary to other insurance that is available to the Additional Insured which covers the Additional Insured as a Named Insured. We will not seek contribution from any other insurance available to the Additional Insured except: (1) For the sole negligence of the Additional Insured; (2) When the Additional Insured is an Additional Insured under another primary liability policy; or (3) When b.(2) below applies. If this insurance is primary, our obligations are not affected unless any of the other insurance is also primary. Then, we will share with all that other insurance by the method described in b.(3) below. b. Excess Insurance This insurance is excess over: (1) Any of the other insurance, whether primary, excess, contingent or on any other basis: (a) That is Fire, Extended Coverage, Builder's Risk, Installation Risk or similar coverage for "your work "; (b) That is Fire insurance for premises rented to the Additional Insured or temporarily occupied by the Additional Insured with permission of the owner; (c) That is insurance purchased by the Additional Insured to cover the Additional Insured's liability as a tenant for "property damage" to premises rented to the Additional Insured or temporarily occupied by the Additional Insured with permission of the owner; or (d) If the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to the extent not subject to Exclusion g. of SECTION II — LIABILITY, Part A. Coverages, 1. Business Liability. When this insurance is excess, we will have no duty under SECTION II — LIABILITY, Part A. Coverages, 1. Business Liability to defend the insured against any "suit" if any other insurer has a duty to defend the insured against that "suit ". If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (2) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (3) The total of all deductible and self - insured amounts under all that other insurance. We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of 391 -1331 06 09 Includes copyrighted material of Insurance Services Offices, Inc., with its permission Page 1 of 2 Insurance shown in the Declarations of this Coverage Part. c. Method Of Sharing If all of the other insurance permits contribution by equal shares, we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. 391 -1331 06 09 Includes copyrighted material of Insurance Services Offices, Inc., with its permission Page 2 of 2