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HomeMy WebLinkAboutIPS GROUP, INC. 2-2014INSURANCE ON FILE WORK MAY PROCEEC UNTIL IMSU RAN EEXPIRES CLERK OFCOUNCIL -- DATE' ,JLC AGREEMENT TO PURCHASE PARKING METER EQUIPMENT AND RELATED SERVICES JThis Agreement To Purchase Parking Meter Equipment And Related Services I ("Agreement") is made effective May 20, 2014 (the "Effective Date"), by and between the City of Santa Ana, a municipal corporation (the "City"), and IPS GROUP, INC., a Pennsylvania corporation ("IPS"), with reference to the following: RECITALS ,Q } A. City is a municipal corporation duly organized and validly existing under the laws of the JState of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Chatter of the City, B. IPS is a Pennsylvania corporation that is qualified to do business, and is doing business, in the State of California. IPS markets and supports a certain web -based system and operating system software known as the IPS Data Management System (the "DMS"). C. City seeks to purchase a smart parking meters system for use by the City's Parking Operations pursuant to the City's RFP and IPS response to the City RFP. D. City and IPS desire to enter into this Agreement for IPS to deliver, install, and service its single space parking meters and related equipment (i.e., such as vehicle detection systems and other parking related equipment contemplated by this contract) in conjunction with the DMS (collectively, "IPS Equipment and Software") to the City upon the terms and conditions set forth below. Now, therefore, the parties agree as follows: TERMS AND CONDITIONS 1. Term of Agreement. 1.1. Initial Term. The term of the Agreement means the period from the Effective Date above and will be in effect for a period of five (5) years. 1.2. Option to Extend. City shall have the option to extend the terns of the Agreement for additional one (1) year increments, for a period not to exceed five (5) years. City shall notify the Contractor of its intention to exercise the option to extend the Agreement at least ninety (90) days prior to the end of each such term. 2. IPS Services. 2.1. Scope of Services. IPS agrees to diligently undertake, perform, and complete all of the services ("Services") described in Attachment A. 2.2. Standard of Care. FPS agrees to faithfully perform the Services in accordance with the standards of care, skill, training, diligence, and judgment provided by highly competent individuals of IPS's profession currently practicing in the same locality A-2014-119 under similar conditions, and in accordance with the terms of this Agreement. 3. City Services & Responsibilities. The City agrees to: 3.1. Make available to IPS any currently existing documents, data or information required for the performance of the Services, including any material updates therein. 3.2. Designate a representative authorized to act on behalf of the City. City, at its own cost and expense, shall keep the equipment in good repair, condition and working order. The City will also notify IPS of any need for warranty repair work and will coordinate the return process with IPS 3.3. Provide first line of preventative maintenance for all meter mechanisms for the term of this Agreement 3.4. Be solely responsible for meter posts and housings, including keeping meter posts, keys locks and housings in good working order and in compliance with all applicable laws 3.5. City shall use the parking meter equipment in the proper manner and shall comply with and conform to all national, state, and local laws and regulations in any way relating to the possession, use or maintenance of the equipment. 3.6. The City shall be fully responsible, at its own cost and expense, to provide and maintain a merchant account and associated merchant account services using a City designated third party provider. 4. Parking Meter Equipment Delivery and Installation. 4.1. IPS shall deliver new, fully -tested parking meter equipment. No used or previously owned parking meter equipment will be allowed. 4.2. Coordinated installation of all parking meter equipment will take place according to a pre -defined deployment plan created by City and IPS, during standard business hours, and will be based on mutual agreement of staffing, dates, and locations. 4.3. City staff, in conjunction with IPS staff, will inspect parking meter equipment following installation to ensure proper installation and operation. Unless otherwise notified in writing, system acceptance will take place at the time of installation of the parking meter equipmen4 but no later than ten (10) business days following completed installation or thirty (30) days following delivery, whichever occurs first. S. Compensation 5.1. The City will compensate IPS for the purchase of IPS Equipment and Software, as set forth in Attachment A. 5.2. City further agrees to pay to IPS the amounts specified in Attachment A on a Net 2 30 basis from the date of invoice. 5.3. City agrees to promptly notify IPS in writing of any dispute with any invoice, and that invoices for which no such notification is made within 10 business days shall be deemed accepted by the City. 5.4. Notwithstanding anything stated herein or in any Attachment hereto, to the contrary, the compensation shall not be increased without the approval of City in writing. 6. Warranties. 6.1. IPS shall provide a full 12 -month warranty on all equipment as described in Attachment A, IPS Limited Warranty, on all installed equipment Extended warranties are available for an additional fee. 6.2. IPS shall provide technical support via telephone Mondays through Fridays from 8:00 AM to 4:00 PM. IPS shall provide on-site technical support within 24 hours Mondays through Fridays from 8:00 AM to 4:00 PM. IPS shall ensure the availability of current manuals and shall provide all manuals for any future upgraded or new services. 6.3. The Contractor shall bear risk of loss of the Parking Meter Equipment, including any damage sustained during transportation to the delivery site. Transfer of title to Parking Meter Equipment, and otherwise risk of loss, shall pass to City upon delivery. 7. Intellectual Property and Confidential Information. 7.1. The City exclusively and solely owns all City Data and the intellectual property therein. IPS further agrees to execute any documents necessary for the City to perfect, memorialize, or record the City's ownership rights in City Data. For purposes of this Agreement, "City Data" means all intellectual property of the City, including but not limited to occupancy data, financial records, programming configurations of the parking meters, GIS location and rates, and other operational data and tailored operational programming. 7.2. IPS may not provide or disclose any City Data to any third party without the City's prior written consent 7.3. Any subcontract entered into by IPS relating to this Agreement, to the extent allowed hereunder, must include a like intellectual property provision to ensure that the City's ownership rights in City Data are preserved and protected as intended in this Agreement Failure of IPS to comply with this requirement or to obtain the compliance of its subcontractors with such obligations constitutes a breach of this Agreement and will subject IPS to damages paid to the City and the imposition of all sanctions allowed by law, including but not limited to termination of this Agreement. 3 7.4. IPS represents and warrants that it owns or has acquired all requisite rights and licenses to use all intellectual property embodied, practiced or employed in IPS Equipment and Software being used by the City. 7.5. IPS hereby grants the City, including its departments, commissioners, officials, officers, employees, consultants, and agents (collectively, "City") all the rights and licenses required to use IPS Equipment and Software. Such rights and licenses are non -assignable, non -transferable and non-exclusive, and specific only to use within the City. 7.6. All pre-existing and independently developed intellectual property, and any derivation thereof, including but not limited to designs, models, inventions, processes, methodologies, software, associated documentation, software upgrades, modifications and customizations, copyrightable material and other tangible and intangible materials authored, and combinations thereof, prepared, created, made, delivered, conceived or reduced to practice, in whole or in part, by the Contractor and provided to the City ('Pre -Existing and Independently Developed IP") will at all times remain the sole and exclusive property of the Contractor and/or its vendors. Nothing in this Section or elsewhere in this Agreement shall be construed as assigning, selling, conveying, or otherwise transferring any ownership rights or title in Contractor Pre -Existing and Independently Developed IP. 7.7. The Contractor understands the nature of public information and the requirement for the City to adhere to all rules and laws that apply to public information, such as the Freedom of Information Act, Public Records Act, and the like. However, the City also understands that the Contractor's equipment and software contain intellectual property, copyrights, and trade secrets that do not exist in the public domain. Therefore, the City agrees that it shall not knowingly agree, assist, or sell any equipment or allow any third party to gain access to equipment, software, or documentation provided by the Contractor for the purposes of reverse engineering or evaluation without the prior written consent of the Contractor, or as mandated by applicable law. 7.8. The provisions of this Section will survive expiration or termination of this Agreement. 8. Dispute Resolution. 8.1. If any dispute arises out of or relates to this Agreement, or the breach thereof, the parties agree to meet and confer and negotiate in good faith prior to initiating a suit for damages. However, this Section does not prohibit the filing of a lawsuit to toll the running of a statute of limitations or to seek injunctive relief. Either party may make a written request for a meeting between representatives of each party within 14 calendar days after receipt of the request or such later period as agreed by the parties. Each party shall include, at a minimum and to the extent possible, N one senior level individual with decision-making authority regarding the dispute. The purpose of this and any subsequent meeting is to attempt in good faith to negotiate a resolution of the dispute. If, within 30 calendar days after such meeting, the parties have not succeeded in negotiating a resolution of the dispute, they will proceed directly to mediation via a mutually agreed third party, with the cost of mediation equally shared between the City and IPS or as otherwise agreed to between the parties. Negotiation may be waived by a written agreement signed by both parties, in which event the parties may proceed directly to mediation as described above. The terms and conditions of any mediation will be governed by a separate, written agreement. 9. Termination of Agreement. 9.1. If either the City or IPS violates any material term or condition of this Agreement or fails to fulfill in a timely and proper manner its obligations under this Agreement, then the aggrieved party will give the other party (the "responsible party") written notice of such failure or violation. The responsible party will correct the violation or failure within 30 calendar days or as otherwise mutually agreed. If the failure or violation is not corrected, this Agreement may be terminated immediately by written notice from the aggrieved party. The option to terminate will be at the sole discretion of the aggrieved party. 9.2. When it is in the best interest of the City, the City may terminate this Agreement, in whole or in part, by providing 90 calendar days' written notice to IPS prior to the effective date of termination. Upon termination, the City is liable for outstanding, undisputed payments required by the terms of this Agreement for Services received by the City. Upon termination, IPS shall have no liability whatsoever, including but not limited to providing any ongoing services. 10. Insurance. 10.1 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: 10.1.1 Commercial General Liability Insurance. IPS shall maintain commercial general liability insurance which 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 IPS'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, and in the aggregate. Such insurance shall Ca) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance W or self-insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. 10.1.2 Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. 10.1.3 Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Consultant, if IPS 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, IPS agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident 10.1.4 Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim. 10.1.5 The following requirements apply to the insurance to be provided by IPS pursuant to this section: (i) IPS 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. 10.1.6 If IPS 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 affect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 11. Defense and Indemnification. 11.1. IPS agrees to defend and indemnify City, its City Council, boards and commissions, officers, agents, and employees, from and against any or all loss, damages, liability, claims, suits, costs, expenses, and judgments, whatsoever, including reasonable attorneys fees, arising from the negligent or willful acts, errors or omissions of IPS or IPS's officers, agents, employees or subcontractors, in the performance of services, activities or work conducted pursuant to this Agreement. IPS shall not be required to indemnify the City in any form as a result of negligent or willful acts, errors or omissions of the City. 11.2. Limits of Liability: Any damages claimed for any reason under this contract shall not exceed the value of the contract itself. 12. Liens and Taxes. 12.1. City shall keep the parking meter equipment free and clear of all levies, liens, and encumbrances, except those created by this Agreement. City shall pay, when due, all charges and taxes (local, state, and federal), which may now or hereafter be imposed in conjunction with this Agreement. 13. Notices. 13.1. All notices under this Agreement must be in writing, shall refer to the title and effective date of this Agreement, and shall be sufficient if given personally, sent and confirmed electronically, or mailed certified, return receipt requested, postage prepaid, and at the address hereinafter set forth or to such address as such party may provide in writing from time to time. Any such notice will be deemed to have been received five days subsequent to mailing. Notices shall be sent to the following addresses: IPS: IPS Group, Inc. 5601 Oberlin Dr, Suite 100 San Diego, CA 92121 Attn: Chad Randall chad.randall@ipsgroupinc.com tel: 858-4040-0607 7 City: City of Santa Ana 20 Civic Center Plaza, M29 Santa Ana, CA 92702 Attn: City Clerk Maria.Huizar0santa-ana.o re tel: 714-647-5235 14. Relationship of the Parties. 14.1. This Agreement shall not be construed as creating an agency, partnership, joint venture or any other form of association between the parties, and both parties shall be and remain independent entities. Neither party has the right or authority, express or implied, to assume or create any obligation of any kind, or to make any representation or warranty, on behalf of the other party or to bind the other party in any respect whatsoever, except as otherwise provided in this Agreement. 15. Assignment 15.1. Should the City enter into an agreement with a third party for parking operations during the term of this Agreement, IPS shall provide that operator the same rights, terms, and conditions as included in this Agreement Such assignment shall not be effective unless and until the City has provided notice to the IPS of such assignment, and any such third party will be required to adhere to all terms and conditions contained herein. 15.2. IPS may not assign, hypothecate or transfer this Agreement or any interest therein directly or indirectly, by operation of law or otherwise without the prior written consent of City. Any attempt to do so without the City's consent will be null and void, and any assignee, hypothecatee or transferee acquires no right or interest by reason of such attempted assignment, hypothecation or transfer. 16. General Provisions. 16.1. Waiver. A waiver of any breach of this Agreement may not be deemed a waiver of any subsequent breach of the same or any other term, covenant or condition of this Agreement. No delay or failure on the part of either party to insist on compliance with any provision of this Agreement shall constitute a waiver of such party's right to enforce such provision, no matter the length of the delay. In the case of any granted waiver by the consenting Party, which must be provided in writing, such waiver shall not constitute a waiver of the same obligation or any other obligation under this Agreement 16.2. Modification; Amendment No oral modifications shall be effective and nothing shall be deemed as a modification of this Agreement unless provided in writing by both Parties. 16.3. Entire Agreement. This Agreement sets forth the entire agreement between the 0 parties with respect to the subject matter hereof. Understandings, agreements, representations or warranties not contained in this Agreement, or as written amendment hereto, shall not be binding on either party. Except as provided herein, no alteration of any terms, conditions, delivery, price, quality or specifications of this Agreement shall be binding on either party without the written consent of both parties. 16.4. Integration. This Agreement may be executed in two (2) counterparts each of which shall be deemed an original, but all of such taken together shall con- stitute only one Agreement, superseding all prior understandings, oral or written; and it is expressly understood and that this Agreement does not obligate either party to enter into any other or further agreements. 16.5.Governing Law. This Agreement shall be construed and enforced according to the laws of the State of California, without regards to conflict -of -laws principles, and all local laws, ordinances, rules, and regulations. 16.6. Venue and Jurisdiction. The City and IPS agree that the Services will take place in Los Angeles County. Any litigation arising out of this Agreement may only be brought in either the United States District Court, Central District of California, or the Superior Court of California, County of San Diego, as appropriate. The parties agree that venue exists in either court, and each party expressly waives any right to transfer to another venue. The parties further agree that either court will have personal jurisdiction over the parties to this Agreement. 16.7. Force Majeure. If any party is prevented from performing its obligation stated in this Agreement by any event not within the reasonable control of that party, including, but not limited to, an act of God, public enemy, war, fire, an act or failure to act of a government entity (except on the part of the City), unavailability of materials, or actions by or against labor unions, it shall not be in default in the performance of its obligations stated in this Agreement. Provided, however, any party delayed by such an event shall request an extension of time to perform its obligations stated in this Agreement by notifying the party to which it is obligated within ten days following the event If the notified party agrees that the event was the cause of the delay, the time to perform the obligations stated in this Agreement shall be extended by the number of days of delay caused by the event If the required notice is not given by the delayed party, no time extension shall be granted. 16.8.Severability. If any provision in this Agreement subsequently is determined to be invalid, illegal or unenforceable, that determination shall not affect the validity, legality or enforceability of the remaining provisions stated in any section or sub -section of this Agreement unless that effect is made impossible by the absence of the omitted provision. 16.9.Authorization. Both Parties represent and warrant that the person executing 9 this Agreement on behalf of each Party is an authorized agent who has actual authority to bind each Party to each and every term, condition, and obligation of this Agreement and that all requirements of each Party have been fulfilled to provide such actual authority. 16.10. Binding Document. The City and IPS each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto in respect to all covenants, conditions, and obligations contained in the Agreement. 16.11. Section Headings. All section headings in this Agreement are for the convenience of reference and are not intended to define or limit the scope of any provision of this Agreement 16.12. Survival of Provisions and Obligations. Any provision of this Agreement, which by its nature must be exercised after termination of this Agreement, will survive termination and remain effective for a reasonable time. Any obligation that accrued prior to termination of this Agreement will survive termination of this Agreement SIGNATURE PAGE FOLLOWS 10 In witness whereof, the parties have caused this Agreement to be executed the day and year first above written. ATTEST: Maria Huizar City Clerk APPROVED AS TO FORM: I Sonia R. Carvalho City Attorney 11 CITY a munici aFeorp ration By: Davi avazos City Manager CONTRACTOR: IPS GROUP, INC., a Pennsylvania corporation By: &� HAD P. RANDALL Chief Operating Officer TO BE INCLUDED IN PROPOSAL EXHIBIT A PRICING PROPOSAL VENDOR NAME IPS Group, Inc. DATE April 18, 2014 1. PARKING SENSOR PURCHASE AND INSTALLATION PRICING Parking sensor and installation pricing should assume and include all associated network hardware and software. Item Description Quantity Unit Price Extended Price Meters/Installation per space 450-500 $ 495.00 $222,750.00-$247,500.00 Sensor/Installation per space 200-500 $ 295.00 $ 59,000.00-$147,500.00 Other $ —_ $-- __ `Prices quoted above include shipping 2. ON-GOING COMMUNICATION AND MANAGEMENT FEES List all applicable recurring monthly fees associated with the system, Including communication fees, management fees, connection and transaction fees, etc. Narrative to be attached describing each item in detail. Item Description Interval Unit Unit Price Quantity Extended Price xample: �, ii ai r::r,rso Mev Spac.,; Dv.fl�' Sof) ;? ;:,i;, DMS and License fee Monthly Space $5.75 500 $2,875.00 Secure gateway fee N/A Per transaction $0.13 Varies Base data fee (sensor) Monthly Space $3.50 200-500 $700.00-$1,750.00 Real-time reporting' Monthly Space $2.75 200-500 $550.00-$1,375.00 "Optional. This fee is not required to be paid again if already using real-time data fee option on IPS meters. 3. REPLACEMENT PARTS PRICING Item Description Unit Price Please see supplemental pricing info for replacement parts pricing. Please see the Supplemental Pricing Info following this page for additional information, including lease pricing. City of Santa Ann, CA CHAPTER 2 1 TOTAL COST TO CITY SUPPLEMENTAL PRICING INFORMATION IPS is pleased to provide an elaboration of pricing details for our credit card -enabled single- space meter for the City. We believe that IPS provides the very best, most proven credit card - enabled single-space meter technology solution, which equates to the best possible value for the City. We also believe in transparency which is why we outline all costs up front so that you will not be surprised. This is especially true when it comes to credit card costs. It is not enough to say that the customer will be responsible to set up a third -party credit card gateway service or that additional fees associated with that service will apply. Instead, IPS discloses all of these fees up front, very clearly, so that our customers can make a fully informed decision. It is this transparency and sense of partnership that sets IPS apart from the competition. Below are the costs associated with the purchase of 500 meter mechanisms and 500 sensors. These prices do not include costs associated with meter housings, poles, keys/locks and are designed to be a retrofit using current meter housings. (City of Santa Ana Extended Warranty Options CapitalPurchase Product Numberof Units Unit Price IPS Credit Card -Enabled Single -Space Meter - M5TM (Includes 12 month warranty, RFID tag, meter top, FOB Santa Ana, CA 500 $485.00 Shipping (per meter) 500 Included Installation 500 $10.00 (City of Santa Ana Extended Warranty Options Capital Product 60 -month lease 36 -month lease IPS Credit Card -Enabled Single -Space Meter -M5T (Includes 12 month warranty, RFID tag, meter top, FOB Santa Ana, CA $1 1.54/month $16.81 /month Sensor (Includes 12 month warranty, FOB Santa Ana, CA $5.95/month $8.67/month (City of Santa Ana Extended Warranty Options Product Unit Price Optional Extended Meter Warranty $60.00 (Pay as you go for each additional 12 months) Optional Extended Meter Warranty (Pay up front for an additional 24 months, for a total product $100.00 warranty of 36 months Optional Extended Meter Warranty (Pay up front for an additional 48 months, for a total product $170.00 warranty of 60 months (City of Santa Ana STANDARD ONGOING IPS DATA AND MANAGEMENT SYSTEM FEES City of Santa Ana, C. In order to facilitate credit card transaction growth, IPS is offering the City a BEST RATE GUARANTEE. In order to provide the most economical plan available for the customer, upon customer request, IPS will move customer to least -cost plan shown below at no additional cost- if another fee structure offered would be more beneficial to the customer. Ongoing Meter Data & Management System Fees Fee Type O tion I Option 2 Secure Wireless Gateway/Data Fee and Meter Management $5.75 $8.00 System Software License Fee 500 meters $2,875'00 Secure Credit Card Payment Gateway Fee (per transaction) $0.13 $0.06 Based on the City's anticipated projection of 19 credit transactions per month, IPS has calculated the following ongoing monthly fees for 500 meters. Option 1 1 Fee Unit Ext. Cost Secure Wireless Gateway/Data Fee and Meter $5.75/month 500 meters $2,875'00 Management System Software License Fee Secure Credit Card Payment Gateway Fee (per $0.13 19 cc x 500 $1,235.00 transaction meters Total: $4,110.00 Option 2 Fee Unit Ext. Cost Secure Wireless Gateway/Data Fee and Meter $8.00/month 500 meters $4,000.00 Management System Software License Fee Secure Credit Card Payment Gateway Fee (per $0.06 19 cc x 500 $570.00 transaction)meters Total: $4,570.00 NOTE: Additional ongoing costs associated with wireless services, management system access, and credit card fees are ongoing and outlined above. All pricing does not include any applicable state or local taxes that are required to be paid by the City currently or in the future. Ongoing fees are subject to annual adjustment due to increases in Inflation as published by the US Bureau of Labor Statistics for All Items Consumer Price Index for All Urban Consumers (CPI -U) for the US City Average, and will not exceed 3% annually. 7( City of Santa Ana City of Santa Ana, CA • cern<.. .,. i .. _ .. METER AND MANAGEMENT SYSTEM CUSTOMIZATIONS & UPGRADES • IPS customizations will be evaluated and quoted at the time of request. Standard hourly fees for customizations are $150 per hour. • Client may, from time to time, wish to implement available upgrades in meter hardware and software. Additional hardware costs will be paid by the Client as provided for in a quote by IPS separate from or by mutual written amendment to any agreement. The Client maintains the sole right to determine when and where such upgrades will be implemented. • IPS will make available software upgrades at no additional charge to the City. However, any data costs associated with downloading such software upgrades to parking meters will apply. Additional charges may apply for new software that requires new or upgraded hardware. A meter firmware change will cost $2.50 data charge per meter if based on a customer driven customization. • Add $2.75 per meter per month for additional real-time data reporting features, such as real time coin transactions. This fee is not typically required for efficient visual enforcement of IPS meters; however, if real time coin payment is a requirement, then this additional data fee will apply. IPS Group software customer support is included our monthly fees for meter management, software and communications. Meter Installation & Training Initial installation, commissioning, and testing services costs are included in the pricing submitted. Additional costs associated with permitting will be added at cost to this proposal. Future fees will be quoted on an as -needed basis. Reimbursement for future travel expenses (food, transportation, hotel and flight accommodation) will also be included for all on-site personnel and will be submitted in line with the GSA Domestic Per Diem Rates along with additional labor rates based on $75 per hour. Delivery Terms Delivery - Standard lead time is 60 days from order placement. • Freight - See pricing Payment Terms • Net 30 • IPS will offer a 1% discount based on Net 7 payment • A service charge of 1.5% per month or the lawful prevailing rate, whichever is lower, will be applied to all invoices which are past due l City of Santa Ana a City of Santa Ana, CA OPTIONAL PAY -BY -CELL IPS is pleased to provide pricing details for our optional integration with pay -by -cell phone systems, which will be seamlessly integrated into the IPS management system via the wirelessly enabled single space meter system. No applicable taxes are included in any pricing below. IPS is currently integrated with multiple pay -by -cell vendors, including Porkmobile, PayByPhone, and MobileNow and will partner with any pay -by -cell vendor the City chooses. Below you will find the pricing to allow the City to push time directly to the meter, which will ensure enforcement will not be impacted in any way. City of Santa Ana SENSOR PRICING City of Santa Ana, CA IPS is pleased to provide pricing details for our optional vehicle detection system, which will be seamlessly integrated into the IPS management system via the wirelessly enabled single space meter system. This system is not designed to monitor unmetered locations. System costs do not include any additional permitting costs that may be required and will be added to any invoice submitted. DetectionVehicle Item Cost per Space Vehicle Detection Sensors (12 -month warranty, FOB Santa Ana, CA, $250.00 Installation $45.00 OPTIONAL: Extended Sensor Warranty (each additional 12 months) $35.00 NOTE: Price per sensor (per unit) is the total fixed price for the equipment. Additional ongoing costs associated with wireless services, management system access are ongoing and outlined below. All pricing does not include any applicable state or local taxes that are required to be paid by the city now or in the future. All costs of permits will be added to customer invoice. . Real Time Reporting Fee is not required to be paid again if already using real time data fee option on IPS meters. Real time data fee covers the real time reporting of vehicle presence for the purpose of real time maps or real time enforcement. NOTE: Ongoing fees are subject to annual adjustment due to increases in Inflation as published by the US Bureau of Labor Statistics for All Items Consumer Price Index for All Urban Consumers (CPI -U) for the U.S. City Average, and will not exceed 3% annually. Real time reporting fee not required if already using real time reporting fee on the IPS meter. (City of Santa Ana Ongoing Sensor Item Cost per Month per Space Management System / Base Data Fee $3.50 Optional: Real Time Reporting Fee* $2.75 Total (including optional real time fee) $6.25 . Real Time Reporting Fee is not required to be paid again if already using real time data fee option on IPS meters. Real time data fee covers the real time reporting of vehicle presence for the purpose of real time maps or real time enforcement. NOTE: Ongoing fees are subject to annual adjustment due to increases in Inflation as published by the US Bureau of Labor Statistics for All Items Consumer Price Index for All Urban Consumers (CPI -U) for the U.S. City Average, and will not exceed 3% annually. Real time reporting fee not required if already using real time reporting fee on the IPS meter. (City of Santa Ana TO BE INCLUDED IN PROPOSAL CITY OF SANTA AND COMMUNITY DEVELOPMENT AGENCY REQUEST FOR PROPOSALS FOR THE MODERNIZATION OF DOWNTOWN PARKING METERS PROPOSAL & CONTRACT AGREEMENT - PROPOSER'S STATEMENT Proposer understands and agrees that this written RFP (or any part thereof specifically designated and accepted by the City of Santa Ana, hereinafter City) shall constitute the entire agreement between proposer and the City only after it has been accepted by the City Council, endorsed by the Clerk of the Council with her signature and official seal noting here on the action of approval of the Council, signed by the Executive Director or his duly authorized agent, and signed by the City Attorney, denoting her approval of the form for this document, and its execution, and when it or an exact copy of it and be either delivered to proposer or deposited with the United States Postal Service properly addressed to the proposer with the correct postage affixed thereto. Proposer further agrees that upon delivery (as defined above) of the accepted agreement he/she will furnish City all required bonds and certificates of liability insurance within ten (10) days (excluding Saturdays, Sundays and City's legal holidays), or the funds, check drafts, or proposer's bond substituted in lieu thereof accompanying this proposal shall become the property of the City and shall be considered as payment of damagers due to the delay and other causes suffered by City because of failure to enter into an Agreement and/or furnish necessary bonds and because it is distinctly agreed that the proof of damages actually suffered by City is difficult to ascertain; otherwise said funds, check drafts, or proposer's bond substituted in lieu thereof shall be returned to the undersigned. Proposer understands that a proposal is required for the entire work, that the estimated quantities set forth in the RFP .hedule are solely for the purpose of comparing proposals, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. All terms contained in the Specifications, the Certification of Non -Discrimination by Contractors, and the Workers' Compensation Insurance Certificate are to be incorporated by reference into this Agreement and are made specifically as part of this RFP. IPS Group, Inc. FIRM Chad Randall SIGNED AND PRINTED NAME`-- Chief AME'Chief Operating Officer TITLE April 14, 2014 DATE TO BE INCLUDED IN PROPOSAL CITY OF SANTA ANA COMMUNITY DEVELOPMENT AGENCY REQUEST FOR PROPOSALS FOR THE MODERNIZATION OF DOWNTOWN PARKING METERS PROPOSAL AND CONTRACT AGREEMENT CERTIFICATION OF NONDISCRIMINATION BY CONTRACTOR The undersigned Contractor or corporate officer, during the performance of this contract, certifies as follows: 1. The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not limited to, the following: employment, upgrading, demotions, or transfer; recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Contractor shall send to each labor union or representative of workers with which he has a collective bargaining agreements or other contract or understanding, a notice to be provided advising the said labor union or workers' representative of the Contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Contractor complies with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The Contractor shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and order of the Secretary of Labor, or pursuant thereto, and will permit access to his/ her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. 6. In the event the Contractor's non-compliance with the non-discrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction/ services contracts in accordance with procedures authorized in Executive Orders 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. The Contractor shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the Contractor may request that the United States enter such litigation to protect the interests of the United States. 8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1039, and as amended, no discrimination shall be made in the employment of persons because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any Contractor violating this Section is subject to all the penalties imposed for a violation of the Chapter. IPS Group, Inc. FIRM Chad Randall SIGNED AND PRINTED NAME Chief Operating Officer April 14, 2014 TITLE DATE TO BE INCLUDED IN PROPOSAL CITY OF SANTA ANA COMMUNITY DEVELOPMENT REQUEST FOR PROPOSALS FOR MODERNIZATION TO DOWNTOWN PARKING METERS NON -COLLUSION AFFIDAVIT CITY OF SANTA ANA PROPOSAL AND CONTRACT AGREEMENT NON -COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the City of SANTA ANA COMMUNITY DEVELOPMENT AGENCY In accordance with Title 23 United State Code Section 112 and Public Contract Code 7106 the PROPOSER declares that this bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the PROPOSER has not directly or indirectly induced or solicited any other PROPOSER to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived or agreed with any PROPOSER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the PROPOSER has not in any manner, directly or indirectly, sought by agreement, communication or conference with anyone to fix the bid price of the PROPOSER or any PROPOSER, or to fix any overhead, profit, or cost element of the bid price, or of that of any other PROPOSER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that .e contents thereof, or divulged information or data relative thereof, or paid, and will not pay, any fee to any corporation, partnership, company associations, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Note: The above Non -collusion Affidavit is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Non -collusion Affidavit. PROPOSERS are cautioned that making a false certification may subject the certifier to criminal prosecution. State of California County of Subscribed and sworn to (or affirmed) before me on this day of rl, 20 l , by r A- K (� i i_c'` (� / l , proved to me on the basis of satisfactory evidence to the person(s) who appeared before me. Notary Public Signature Notary Public Seal N. S. YBM11M �,o­�, ss or No. 203M N ASN', PJNIIC CAUFO0 1 SAN D�EGOCOW" ' My Comm Eaplrea AUOWf71, 70/1 .�r �Ac"RO ® CERTIFICATE OF LIABILITY INSURANCE lh.� on9n_o]a GATE (MMIDOlYYYV) 4/15/2014 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 'RESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. _ ORTANT: 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 LOckton Insurance Brokers, LLC CONTACT NAME: License #OF]5767 4275 Executive Square, Suite BOO La Jolla CA 92037 PHONE FAX : IA/C ExitAIC Na :EMAIL ADDRESS: COMMERCIAL GENERAL LIABILITY (858)587-3100 INSURERS AFFORDING COVERAGE NAIC If INSURER A: National Fire Insurance Co of Hartford 20478 10/19/2013 INSURED IPS Group, Inc. 1377909 5601 Oberlin Drive. Ste. 100 INSURER B:American CasualtyCompany of Reiding.PA 20427 INSURER C: Continental Casualty Company 20443 INSURER D: Valley Fore Insurance Company 20508 San Diego CA 92121 INSURER E, INSURER F : COVERAGES IPSGROI CERTIFICATE NUMBER: 12892512 REVISION NUMBER: XXXXXXX 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. (NSR LTR TYPE OF INSURANCE ADD SVWD UER POLICY NUMBER POLICY SIFF MM1DDNYYYI POLICY EXP MMUDDIYYYYJ LIMITS A X COMMERCIAL GENERAL LIABILITY Y N 4034371571 10/19/2013 10/19/2014 EACH OCCURRENCE DAMAGE TO RENTED PREMISES (Ea occurrence) $ 500,000 CLAIMS -MADE OCCUR MED EXP (Any one arson $ 15,000 PERSONAL 8 ADV INJURY $ 1,000,000 GEN1 AGGREGATE LIMIT APPLIES PER: GENERALAGGREGATE $ 2,000,000 POLICY PRO- JECT F LOC PRODUCTS - COMPIOP AGO $ 2,000,000 $ OTHER: T AUTOMOBILE LIABILITY N N 4034371554 10/19/2013 10/19/2014 (Ea accident) $ 1,000.000 BODILY INJURY (Per person) $ XXXXXXX ANY AUTO BODILY INJURY Per accident $ XXXXXXX X ALL OWNED SCHEDULED AUTOS AUTOS NON -OWNED HIRED AUTOS X AUTOS PROPER TYDAMAGE $XXXXXXX $XXXXXXX C X UMBRELLALIAB X' OCCUR N N 4034371568 10/19/2013 10/19/2014 EACH OCCURRENCE $ 5,000000 AGGREGATE $ LO00,000 EXCESS LMB CLAIMS -MADE OED I X I RETENTION$ 10,000 Is XXXXXXX D D WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNEWEXECUTIVE YIN OFFICERIMEMSER EXCLUDED? a NIA N 5093308496 (( CA) 5093308451 (CA) 3/ 19/2014 3x19/2014 3/19/2015 3/191200 X STATUTE ER E.L. EACH ACCIDENT $ 1000000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT 8 1,000,000 A Tech E&O / Network / N N 4034371571 10/192013 10/19/2014 Each Oce. 5,000,000; Privacv / Media Agg.: 5.000,000; Ded.: 50,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Addltional Remarks Schedule, may be attached If more space Ie required) RE: RFP 14-012, Modernization of Downtown Parking Meters. Certificate Holder is an Additional Insured to the extent provided by the policy language or endorsement issued or approved by the insurance carrier. Insurance provided to Additional Insured(s) is primary and non-contributory as per the attached endorsements or policy language. Notice of Cancellation applies per attached endorsement(s). AS Tp F©RM g�pPRO�D 41101RIC!rneY/ CFRTIFICATE HOLDER CANCELLATION l 5I%ffh)W1i6fiE; I,— '12892512 12892512 City of Santa Ana SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE its offlclers, employees, agents, volunteers THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN and representatives ACCORDANCE WITH THE POLICY PROVISIONS. 20 Civic Center Plaza (M-30) P.G. Box 1988 Santa Ana CA 92702-1988 AUTHORIZED REPRESENTATIVE � ACORD 25 (2014101) © 88=2014 ACORD CURPOWfON. All rights reserved. The ACORD name and logo are registered marks of ACORD CNA G -144294-C99 (Ed. 12/06) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TECHNOLOGY GENERAL LIABILITY EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Coverage afforded under this extension of coverage endorsement does not apply to any person or organization covered as an additional insured on any other endorsement now or hereafter attached to this Coverage Part. 1. ADDITIONAL INSURED - BLANKET VENDORS WHO IS AN INSURED (Section II) is amended to include as an additional insured any person or organization (referred to below as vendor) with whom you agreed, because of a written contract or agreement to provide insurance, but only with respect to "bodily injury" or "properly damage" arising out of "your products" which are distributed or sold in the regular course of the vendors business, subject to the following additional exclusions: 1. 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, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; e. Any failure to make such inspections, 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 products; f. Demonstration, installation, servicing or repair operations, except such operations performed at the vendors 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 other thing or substance by or for the vendor; or persons or organizations are additional insureds under this endorsement and coverage provided to such Miscellaneous Attachment: M495240 Master ID: 1377909, Certificate ID: 12892512 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 Subparagraphs d. or f.; or (2) Such inspections, 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 products. 2. 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. This provision 1. does not apply to any vendor included as an insured by an endorsement issued by us and made a part of this Coverage Part. 4. This provision 1. does not apply if "bodily injury" or "property damage" included within the "products - completed operations hazard" is excluded either by the provisions of the Coverage Part or by endorsement. 2. MISCELLANEOUS ADDITIONAL INSUREDS WHO IS AN INSURED (Section II) is amended to include as an insured any person or organization (called additional insured) described in paragraphs 2.a. through 2.h. below whom you are required to add as an additional insured on this policy under a written contract or agreement but the written contract or agreement must be: 1. Currently in effect or becoming effective during the term of this policy; and 2. Executed prior to the "bodily injury," "property damage" or "personal injury and advertising injury," but only the following with premises you own, rent, or control and to which the insurance applies: additional insureds is limited as provided herein: Additional Insured - "Your Work' That person or organization for whom you do work is an additional insured solely for liability due to your negligence specifically resulting from "your work' for the additional insured which is the subject of the written contract or written agreement. No coverage applies to liability resulting from the sole negligence of the additional insured. The insurance provided to the additional insured is limited as follows: (1) The Limits of Insurance applicable to the additional insured are those specified in the written contract or written agreement or in the Declarations of this policy, whichever is less. These Limits of Insurance are inclusive of, and not in addition to, the Limits of Insurance shown in the Declarations. (2) The coverage provided to the additional insured by this paragraph. 2.a., does not apply to "bodily injury' or "property damage" arising out of the "products -completed operations hazard" unless: (a) It is required by the written contract or written agreement; and (b) "Bodily injury" or "property damage" included within the "products -completed operations hazard" is not excluded either by the provisions of the Coverage Part or by endorsement. (3) The insurance provided to the additional insured does not apply to "bodily injury," "property damage," or "personal and advertising injury" arising out of the rendering or failure to render any professional services. b. State or Political Subdivisions A state or political subdivision subject to the following provisions: (1) This insurance applies only with respect to the following hazards for which the state or political subdivision has issued a permit in connection e. Mortgagee, Assignee or Receiver A mortgagee, assignee or receiver but only with respect to their liability as mortgagee, assignee, or receiver and arising out of the ownership, maintenance, or use of a premises by you. This insurance does not apply to structural alterations, new construction or demolition operations performed by Miscellaneous Attachment: b1495240 Master ID: 1377909. Certificate ID: 12892512 (a) The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoistaway openings, sidewalk vaults, street banners, or decorations and similar exposures; or (b) The construction, erection, or removal of elevators; or (2) This insurance applies only with respect to operations performed by you or on your behalf for which the state or political subdivision has issued a permit. This insurance does not apply to "bodily injury," "property damage" or "personal and advertising injury' arising out of operations performed for the state or municipality. c. Controlling Interest Any persons or organizations with a controlling interest in you but only with respect to their ability arising out of: (1) Their financial control of you; or (2) Premises they own, maintain or control while you lease or occupy these premises. This insurance does not apply to structural alterations, new construction and demolition operations performed by or for such additional insured. d. Managers or Lessors of Premises A manager or lessor of premises but only with respect to liability arising out of the ownership, maintenance or use of that specific part of the premises leased to you and subject to the following additional exclusions: This insurance does not apply to: (1) Any "occurrence" which takes place after you cease or be a tenant in that premises; or (2) Structural alterations, new construction or demolition operations performed by or on behalf of such additional insured. Any insurance provided to an additional insured designated under paragraphs b. through h. above does not apply to "bodily injury" or "property damage" included within the "products -completed operations hazard." As respects the coverage provided under this endorsement.. Paragraph 4.b. SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS is deleted and replaced with the following' or for such additional insured. f. Owners/Other Interests - Land is Leased An owner or other interest from whom land has been leased by you but only with respect to liability arising out of the ownership, maintenance or use of that specific part of the land leased to you and subject to the following additional exclusions: This insurance does not apply to: (1) Any "occurrence" which takes place after you cease to lease that land; or (2) Structural alterations, new construction or demolition operations performed by or on behalf of such additional insured. g. Co-owner of Insured Premises A co-owner of a premises co -owned by you and covered under this insurance but only with respect to the co- owners liability as co-owner of such premises. h. Lessor of Equipment Any person or organization from whom you lease equipment. Such person or organization are insureds only with respect to their liability arising out of the maintenance, operation or use by you of equipment leased to you by such person or organization. A person's or organization's status as an insured under this endorsement ends when their written contract or agreement with you for such leased equipment ends. With respect to the insurance afforded these additional insureds, the following additional exclusions apply: This insurance does not apply: (1) To any "occurrence" which takes place after the equipment lease expires; or (2) To "bodily injury," "property damage," or "personal and advertising injury' arising out of the sole negligence of such additional insured. B. The last paragraph of Section II - Who Is An Insured is deleted and replaced by the following: Except as provided in 4. above, no person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations. 5. PARTNERSHIP OR JOINT VENTURES Paragraph 1.b. of Section 11 - Who Is An Insured is Miscellaneous Attachment: M495240 Master ID: 1377909, Certificate ID: 12892512 4. Other Insurance �. Excess Insurance This insurance is excess over: Any other insurance naming the additional insured as an insured whether primary, excess, contingent or on any other basis unless a written contract or agreement specifically requires that this insurance be either primary or primary and noncontributing. Where required by written contract or agreement, we will consider any other insurance maintained by the additional insured for injury or damage covered by this endorsement to be excess and noncontributing with this insurance. 3. NEWLY FORMED OR ACQUIRED ORGANIZATIONS Paragraph 3.a. of Section II - Who Is An Insured is deleted and replaced by the following: Coverage under this provision is afforded only until the end of the policy period or the next anniversary of this policy's effective date after you acquire or form the organization. whichever is earlier. 4. JOINT VENTURES/ PARTNERSHIP/ LIMITED LIABILITY COMPANY COVERAGE A. The following is added to Section II - Who Is An Insured: 4. You are an insured when you had an interest in a joint venture, partnership or limited liability company which terminated or ended prior to or during this policy period but only to the extent of your interest in such joint venture, partnership or limited liability company. This coverage does not apply: a. Prior to the termination date of any joint venture, partnership or limited liability company; or b. If there is other valid and collectible insurance purchased specifically to insure the partnership, joint venture or limited liability company. h. Discrimination or humiliation that results in injury to the feelings or reputation of a natural person, but only if such discrimination or humiliation is: (1) Not done intentionally by or at the direction of: (a) The insured; or (b) Any "executive officer,' director, stockholder, partner, member or manager (if you are a limited liability company) of the insured; and deleted and replaced by the following: b. A partnership (including a limited liability partnership) or joint venture, you are an insured. Your members, your partners, and their spouses are also insureds, but only with respect to the conduct of your business. 6. EMPLOYEES AS INSUREDS - HEALTH CARE SERVICES For other than a physician, paragraph 2.a.(1)(d) of Section II - Who Is An Insured does not apply with respect to professional health care services provided in the course of employment by you. 7. PROPERTY DAMAGE - PATTERNS, MOLDS AND DIES Paragraphs (3) and (4) of Exclusion j. Damage to Property of SECTION I - EXCLUSIONS do not apply to patterns, molds or dies in the care, custody or control of the insured if the patterns, molds or dies are not being used to perform operations at the time of loss. A limit of insurance of $25,000 per policy period applies to PROPERTY DAMAGE - PATTERNS, MOLDS AND DIES and is included within the General Aggregate Limit as described in SECTION III - LIMITS OF INSURANCE. The insurance afforded by this provision 7. is excess over any valid and collectible property insurance (including any deductible) available to the insured, and the Other Insurance Condition is changed accordingly. BODILY INJURY Section V - Definitions, the definition of "bodily injury" is changed to read: "Bodily injury" means bodily injury, sickness or disease sustained by a person, including death, humiliation, shock, mental anguish or mental injury by that person at any time which results as a consequence of the bodily injury, sickness or disease. 9. EXPANDED PERSONAL AND ADVERTISING INJURY A. The following is added to Section V - Definitions, the definition of "personal and advertising injury": (2) Not directly or indirectly related to the employment, prospective employment, past employment or termination of employment of any person or persons by any insured. B. Exclusions of Section I - Coverage B - Personal and Advertising Injury Liability is amended to include the following: p. Discrimination Relating To Room, Dwelling or Premises Caused by discrimination directly or indirectly related to the sale, rental, lease or sub -lease or prospective sale, rental, lease or sub -lease of any room, dwelling or premises by or at the direction of any insured. q. Fines Or Penalties Fines or penalties levied or imposed by a governmental entity because of discrimination. C. This provision 9. (EXPANDED PERSONAL AND ADVERTISING INJURY COVERAGE) does not apply to discrimination or humiliation committed in the states of New York or Ohio. Also, EXPANDED PERSONAL AND ADVERTISING INJURY COVERAGE does not apply to policies issued in the states of New York or Ohio. D. This provision 9. (EXPANDED PERSONAL AND ADVERTISING INJURY COVERAGE) does not apply if Section I - Coverage B - Personal And Advertising Injury Liability is excluded either by the provisions of the Coverage Part or by endorsement. 10. MEDICAL PAYMENTS A. Paragraph 7, Medical Expense Limit, of Section III - Limits of Insurance is deleted and replaced by the following: 7. Subject to 5. above (the Each Occurrence Limit), the Medical Expense Limit is the most we will pay under Section - I - Coverage C for all medical expenses because of "bodily injury' (3) Property loaned to you; sustained by any one person. The Medical Expense Limit is the greater of: (4) Personal property in the care, custody or control of the insured; (1) $15,000; or (2) The amount shown in the Declarations for Medical Expense Limit. B. This provision 10. (Medical Payments) does not apply if Section I - Coverage C Medical Payments is excluded either by the provisions of the Coverage Part or by endorsement. Miscellaneous Attachment: M495240 Master ID: 1377909. Certificate ID: 12892512 (5) That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations, if the ..property damage" arises out of those operations; or (6) That particular part of any property that must be restored, repaired or replaced because "your work" was incorrectly performed on it. C. Paragraph 1.a.(3)(2) of Section I - Coverage C - Medical Payments, is replaced by the following: The expenses are incurred and reported to us within three years of the date of the accident; and 11. SUPPLEMENTARY PAYMENTS A. Under Section I - Supplementary Payments - Coverages A and B, Paragraph 1.1b., the limit of $250 shown for the cost of bail bonds is replaced by $2,500: B. In Paragraph 1.d., the limit of $250 shown for daily loss of earnings is replaced by $1,000. 12. PROPERTY DAMAGE - ELEVATORS With respect to Exclusions of Section I - Coverage A, paragraphs (3), (4) and (6) of Exclusion j, and Exclusion k. do not apply to the use of elevators. The insurance afforded by this provision 12. is excess over any valid and collectible property insurance (including any deductible) available to the insured, and the Other Insurance Condition is changed accordingly. Paragraph (2) of this exclusion does not apply if the premises are "your work" and were never occupied, rented or held for rental by you. Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire, lightning, explosion, smoke, or leakage from automatic fire protective systems) to premises including the contents of such premises, rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section III - Limits Of Insurance. Paragraphs (3), (4), (5) and (6) of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph (6) of this exclusion does not apply to "property damage" included in the "products -completed operations hazard." B. Under Section I - Coverage A - Bodily Injury and Property Damage the last paragraph of 2. Exclusions is deleted and replaced by the following. 13. LEGAL LIABILITY - DAMAGE TO PREMISES Exclusions c. through n, do not apply to damage by fire, lightning, explosion, smoke, or leakage from automatic A. Under Section I - Coverage A - Bodily Injury and fire protective systems to premises while rented to you or Property Damage 2. Exclusions, Exclusion j. is replaced temporarily occupied by you with permission of the by the following. owner. "Property damage" to: (1) Property you own, rent, or occupy, including any costs or expenses incurred by you, or any other person, organization or entity, for repair, replacement, enhancement, restoration or maintenance of such property for any reason, including prevention of injury to a person or damage to another's property; (2) Premises you sell, give away or abandon, if the "property damage" arises out of any part of those premises; 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 "property damage" to any one premises while rented to you or in the case of damage by fire, lightning, explosion, smoke, or leakage from automatic fire protective systems, while rented to you or temporarily occupied by you with the permission of the owner. The Damage To Premises Rented To You Limit is the greater of: a.$500,OOO;or A separate limit of insurance applies to this coverage as described in Section III - Limits Of Insurance. C. Paragraph 6. Damage To Premises Rented To You Limit of Section III - Limits Of Insurance is replaced by the following: 16. BROAD KNOWLEDGE OF OCCURRENCE You must give us or our authorized representative notice of an "occurrence," offense, claim, or "suit' only when the "occurrence," offense, claim or "suit' is known to (1) You, if you are an individual; (2) A partner, if you are a partnership; (3) An executive officer or the employee designated by you to give such notice, if you are a corporation; or b. The Damage To Premises Rented To You Limit shown (4) A manager, if you are a limited liability company. in the Declarations. 17. NOTICE OF OCCURRENCE Miscellaneous Attachment: M495240 Master ID: 1377909. Certificate ID: 12892512 D. Paragraph 4.b.(1)(b) of Section IV - Commercial General Liability Conditions is deleted and replaced by the following: (b) That is property insurance for premises rented to you or temporarily occupied by you with the permission of the owner; or E. This provision 13. (LEGAL LIABILITY - DAMAGE TO PREMISES) does not apply if Damage To Premises Rented To You Liability under Section I - Coverage A is excluded either by the provisions of the Coverage Part or by endorsement. 14. NON -OWNED WATERCRAFT Under Section I - Coverage A - Bodily Injury and Property Damage, Exclusion 2.g., subparagraph (2) is deleted and replaced by the following. (2) A watercraft you do not own that is: (a) Less than 55 feet long; and (b) Not being used to carry persons or property for a charge. 15. NON -OWNED AIRCRAFT Exclusion 2.g. of Section I - Coverage A - Bodily Injury and Property Damage, does not apply to an aircraft you do not own, provided that: 1. The pilot in command holds a currently effective certificate issued by the duly constituted authority of the United Stales of America or Canada, designating that person as a commercial or airline transport pilot; 2. It is rented with a trained, paid crew; and 3. It does not transport persons or cargo for a charge. Miscellaneous Attachment: M495240 Master ID: 1377909, Certificate ID: 12892512 The following is added to paragraph 2. of Section IV - Commercial General Liability Conditions - Duties in The Event of Occurrence, Offense Claim or Suit: Your rights under this Coverage Part will not be prejudiced if you fail to give us notice of an "occurrence," offense, claim or "suit" and that failure is solely due to your reasonable belief that the "bodily injury" or "property damage" is not covered under this Coverage Part. However, you shall give written notice of this "occurrence," offense, claim or "suit" to us as soon as you are aware that this insurance may apply to such "occurrence," offense claim or "suit." 18. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS Based on our reliance on your representations as to existing hazards, if unintentionally you should fail to disclose all such hazards at the inception date of your policy, we will not deny coverage under this Coverage Part because of such failure. 19. EXPECTED OR INTENDED INJURY Exclusion a. of Section I - Coverage A - Bodily Injury and Property Damage Liability is replaced by the following: a. "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury' or "property damage" resulting from the use of reasonable force to protect persons or property. 20. LIBERALIZATION CLAUSE If we adopt a change in our forms or rules which would broaden coverage provided under this endorsement without an additional premium charge, your policy will automatically provide the additional coverages as of the date the revision is effective in your state. CC68021 A (Ed. 02/13) NOTICE OF CANCELLATION TO CERTIFICATE HOLDERS It is understood and agreed that: If you have agreed under written contract to provide notice of cancellation to a party to whom the Agent of Record has issued a Certificate of Insurance, and if we cancel a policy term described on that Certificate of Insurance for any reason other than nonpayment of premium, then notice of cancellation will be provided to such Certificateholders at least 30 days in advance of the date cancellation is effective. If notice is mailed, then proof of mailing to the last known mailing address of the Certificateholder on file with the Agent of Record will be sufficient to prove notice. Any failure by us to notify such persons or organizations will not extend or invalidate such cancellation, or impose any liability or obligation upon us or the Agent of Record. Attachment Code: D495276 Certificate ID: 12892512 ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY AND BUSINESS AUTOMOBILE POLICIES Insurance Company Please see attached Certificate of Insurance. This endorsement modifies such insurance as is afforded by the provisions of Policy # relating to the following; 1. The City of Santa Ana, 20 Civic Center Plaza M-25, Santa Ana, California 92701; its officers, employees, agents, volunteers and representatives are names as additional insured(s) ("additional insured(s)" with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. 2. With respect to claims arising out of the operations and uses performed by on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of additional insured(s). 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person of organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4. With respect to the additional insured(s), this insurance shall not be cancelled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza M-25, Santa Ana, California 92701. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective Policy # Issued to this endorsement form as part of Name Insured Countersigned by: rJPA Authorized Representative April 15, 2014 City of Santa Ana its officiers, employees, agents, volunteers and representatives 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Re: Notice of Cancellation Clause To Whom It May Concern: As a service to our valued client, Lockton will provide at least thirty (30) days notice of cancellation to the certificate holder listed on the attached Acord 25 certificate of insurance should any of the policies described on the attached certificate be 1) cancelled by the insurer, other than for non-payment of premium (10 day notice for non- payment/non-reporting), and 2) cancelled more than 30 days prior to the expiration date of the policy (if such cancellation occurs less than 30 days prior to expiration, Lockton will provide as much prior notice as practicable). If notice is mailed, proof of mailing notice to the certificate holder to the postal mailing address as shown in the schedule will be sufficient proof of notice. Thank you and please contact our office if you have any questions. Regards, David Burgos Assistant Vice President Lockton Insurance Brokers Attachment Code: D463006 Certificate ID: 12892512 CITY OF SANTA ANA OFFICE OF THE CITY ATTORNEY Certificate of Liability Insurance Cheddist for Contractor Policies Name of Contractor: _ l vd q e� Date Certificate of Liability Insurance Submitted: to hz-� Permit No. Issued: A- -o 1�,.- / C9 Steps: (a) Obtain Copy of (Current) Contract; (b) Identify Insurance Paragraph in Contract; (c) Review Insurance Requirements Stated in the Contract and Compare with the Certificate of Insurance Submitted for Approval; and (d) Check -off Each Item Below During Your Review of the Submitted Certificate of Insurance: 1. Name and Address of a Producer 7. Policy Number and Check to Verify Insurance is Effective During Project Date ]k 2. Name and/or Telephone Number for or Contract Term Producer Contact N, 3. Name and Address of Contractor V, 4. Name of the Insurance Company(ies) Vit]_ 5. Boxes Checked Identifying the Type of Coverage ] b. Additional Insured Box Maybe Checked and Separate Additional Insured Endorsement Form Must Be Attached (make sure the endorsement lists the insurance policy #) and Verify Primacy Language on Acceptable Additional Insured Endorsement ].„ 8. Correct Coverage Dollar Amounts Listed K] 9. Project Description by Number or Location (if applicable) 10. Name of City and Address 11. Insurer's Signature Required not the contractor's signature) 12. To Approve, Write "Reviewed by [sign your name]" on Every Page of the Certificate of Insurance and all Endorsements and Write the Number of Pages (ex. 114 or 4/4) Contact the City Attorney's Office if you have any questions — Lisa Storck x 5207 ACORD,,, CERTIFICATE OF LIABILITY INSURANCEDATE(MMIDDIYYYY) 3/19/2015 1 10/1/2014 THIS CERTIFICATE IS ISSUED AS A MA17ER 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(les) 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 Lockton Insurance Brokers, LLC License #OF15767 4275 Executive Square, Suite 600 La Jolla CA 92037 CONTACT NAME: rXC,NNIIO, Ext): FAX No EMAIL ADDRESS: INSURERS AFFORDING COVERAGE NAIC4 (858)587-3100 INSURER A: Valley Forge Insurance Company 20508 N INSURED IPS Group, Inc. INSURERS: American Casualty Company of Reading, PA 20427 1377909 5601 Oberlin Drive, Ste. 100 San Diego CA 92121 wsURER C : Continental Casualty Company 20443 CLAIM&MADE x OCCUR INSURER P' ENSU E E : INSURER F : COVERAGES IPSGROI CERTIFICATE NUMBER: 12813936 REVISION NUMBER: XXXXXXX THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE SEEN 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 INBD SUBR WVD POLICY NUMBER POLICY EF'F MMIDDIYYYY POLIC ExP MMIDD LIMITS A X COMMERCIAL GENERAL LIABILITY Y N 4034952942 10119/2014 3/19/2015 EACH OCCURRENCE 1,000,000 CLAIM&MADE x OCCUR PREMISESOEa occurrence 500,000 MED EXP (Any one erson 15,000 PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PELT F-1 LOC GENERAL AGGREGATE $ 2,000,000 PRODUCTS -COMPlOPAGG $ 2,000,000 $ OTHER B AUTOMOBILE LIABILITY N N 6013847872 10/19/2014 3/19/2015 Ee aoddeDt51NGLE LIMIT $ 1,000,000 BODILY INJURY (Per porion) $ XXXXXXX ANY AUTO AUTOS NED AUTOSULED BODILY INJURY (Per accident $ XXxXXXX Pe�a.dd..t) GE $ XXXXXXX X HIRED AUTOS X AAIOJT 09VV sXXXXXXX C X UMBRELLA LIAR X OCCUR N N 4034952990 10/19/2014 3/19/2015 EACH OCCURRENCE S 5,000,000 AGGREGATE $ 5 000 000 EXCESS LIAB CLAIMS -MADE DED I X I RETENTION $10,000 $ XXXXXXX 1 A WORKERS COMPENSATIOND E AND LIABILITY YIN OFFICERIMEMBER EANYFROPR�ETORIPXCLUDED? ECUTIVE (Mandatory In NHI If yes, da.alhe under DESCRIPTION OF OPERATIONS helm NIA N 5093308451 (CA) 5093308496 (AOS) 3/19/2014 3/19/2014 3/19/2015 3/19/2015 PER 'lT11- X STATUTE E.L. EACH ACCIDENT $ ooa oao E.L. DISEASE - EA EMPLOYEE 1,000,000 E.L. DISEASE - POLICY LIMIT 1,000,000 A Tech E&OINetwork ! Privney / Media Nl N 4034952942 10/19/2014 3/19/2015 Each Occ, 5,000,000; Agg,: 5,000,000; Ded.: 50,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) Re: En�iueering of Parking Meters. The City of Santa Ana, its officers, agents, volunteers, employees and representatives are named as additional insured, on a primary/non-contributory basis, as respects General Liability per attached. Separation of insureds applies per policy form. 30 day cancellation notice applies per attached. [iCl[ I I r hill l C r7 V 6Lir-m 12813936 The Cl" of Santa Ana, its officers, agents, volunteers, employees and representatives 20 Civic Center Plaza Santa Ana CA 92701 ACORID 25 (20141011 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 © U11114014 ACORD CORPORATION. All Hants reserved The ACORID name and logo are registered marks of ACORD CNA G -144294-C99 (Fd. 12/06) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TECHNOLOGY GENERAL LIABILITY EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Coverage afforded under this extension of coverage endorsement does not apply to any person or organization covered as an additional insured on any other endorsement now or hereafter attached to this Coverage Part. 1. ADDITIONAL INSURED - BLANKET VENDORS WHO IS AN INSURED (Section Il) is amended to include as an additional insured any person or organization (referred to below as vendor) with whom you agreed, because of a written contract or agreement to provide insurance, but only with respect to "bodily injury" or "properly damage" arising out of "your products" which are distributed or sold in the regular course of the vendors business, subject to the following additional exclusions: 1. 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, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; e, Any failure to make such inspections, 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 products; f. Demonstration, installation, servicing or repair operations, except such operations performed at the vendors 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 other thing or substance by or for the vendor; or persons or organizations are additional insureds under this endorsement and coverage provided to such additional insureds is limited as provided herein: a. Additional Insured - "Your Work" That person or organization for whom you do work is an additional insured solely for liability due to your negligence specifically resulting from "your work" for the additional insured which is the subject of the written contract or written agreement. No coverage applies to liability resulting from the Miscellaneous Attachment: M495240 Master ID: 1377909, Certificate ID: 12813936 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 Subparagraphs d. or f.; or (2) Such inspections, 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 products. 2. 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. This provision 1, does not apply to any vendor included as an insured by an endorsement issued by us and made a part of this Coverage Part, 4. This provision 1. does not apply if "bodily injury" or "property damage" included within the "products -completed operations hazard" is excluded either by the provisions of the Coverage Part or by endorsement. 2. MISCELLANEOUS ADDITIONAL INSUREDS WHO IS AN INSURED (Section II) is amended to 'include as an insured any person or organization (called additional insured) described in paragraphs 2.a. through 2,h. below whom you are required to acid as an additional insured on this policy under a written contract or agreement but the written contract or agreement must be: 1. Currently in effect or becoming effective during the term of this policy; and 2. Executed prior to the "bodily injury," "property damage" or "personal injury and advertising injury," but only the following with premises you own, rent, or control and to which the insurance applies: (a) The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoistaway openings, sidewalk vaults, street banners, or decorations and similar exposures; or (b) The construction, erection, or removal of elevators; or sole negligence of the additional insured. The insurance provided to the additional insured is limited as follows: (1) The Limits of Insurance applicable to the additional insured are those specified in the written contract or written agreement or in the Declarations of this policy, whichever is less, These Limits of Insurance are inclusive of, and not in addition to, the Limits of Insurance shown in the Declarations. (2) The coverage provided to the additional insured by this paragraph. 2.a., does not apply to "bodily injury" or "property damage" arising out of the "products -completed operations hazard" unless: (a) It is required by the written contract or written agreement; and (b) "Bodily injury" or "property damage' included within the "products -completed operations hazard" is not excluded either by the provisions of the Coverage Part or by endorsement. (3) The insurance provided to the additional insured does not apply to "bodily injury," "property damage," or "personal and advertising injury" arising out of the rendering or failure to render any professional services. b. State or Political Subdivisions A state or political subdivision subject to the following provisions: (1) This insurance applies only with respect to the following hazards for which the state or political subdivision has issued a permit in connection e, Mortgagee, Assignee or Receiver A mortgagee, assignee or receiver but only with respect to their liability as mortgagee, assignee, or receiver and arising out of the ownership, maintenance, or use of a premises by you. This insurance does not apply to structural alterations, new construction or demolition operations performed by or for such additional insured, (2) This insurance applies only with respect to operations performed by you or on your behalf for which the state or political subdivision has issued a permit. This insurance does not apply to "bodily injury," "property damage" or "personal and advertising injury" arising out of operations performed fox the state or municipality. c. Controlling Interest Any persons or organizations with a controlling interest in you but only with respect to their ability arising out of: (1) Their financial control of you; or (2) Premises they own, maintain or control while you lease or occupy these premises, This insurance does not apply to structural alterations, new construction and demolition operations performed by or for such additional insured. f. Owners/Other Interests - Land is Leased An owner or other interest from whom land has been leased by ` you but only with respect to liability arising out of the ownership, 1 maintenance or use of that specific part of the land leased to you and subject to the following additional exclusions: This insurance does not apply to: (1) Any "occurrence' which takes place after you cease to lease that land; or (2) Structural alterations, new construction or demolition operations performed by or on behalf of such additional insured. g. Co-owner of Insured Premises Miscellaneous Attachment: M495240 Master ID: 1377909, Certificate ID: 12813936 d. Managers or Lessors of Premises A manager or lessor of premises but only with respect to liability arising out of the ownership, maintenance or use of that specific part of the premises leased to you and subject to the following additional exclusions: This insurance does not apply to: (1) Any "occurrence" which takes place after you cease or be a tenant in that premises; or (2) Structural alterations, new construction or demolition operations performed by or on behalf of such additional insured. Any insurance provided to an additional insured designated under paragraphs It, through h, above does not apply to "bodily injury" or "property damage' included within the "products - completed operations hazard," As respects the coverage provided under this endorsement, Paragraph 4.b. SECTION IV - COMML-+RCIAL GENERAL LIABILITY CONDITIONS is deleted and replaced with the following: Other Insurance Excess Insurance This insurance is excess over: Any other insurance naming the additional insured as an insured whether primary, excess, contingent or on any other basis unless a written contract or agreement specifically requires that this insurance be either primary or primary and noncontributing. Where required by written contract or agreement, we will consider any other insurance maintained by the additional insured for injury or damage covered by this endorsement to be excess and noncontributing with this insurance. 3. NEWLY FORMED OR ACQUIRED ORGANIZATIONS Paragraph 3.a. of Section 11 - Who Is An Insured is deleted and replaced by the following: Coverage under this provision is afforded only until the end of r A co-owner of a premises co -owned by you and covered under this insurance but only with respect to the co-owners liability as co-owner of such ptemises, h. Lessor of Equipment Any person or organization from whom you lease equipment. Such person or organization are insureds only with respect to their liability arising out of the maintenance, operation or use by you of equipment leased to you by such person or organization. A person's or organization's status as an insured under this endorsement ends when their written contract or agreement with you for such leased equipment ends. With respect to the insurance afforded these additional insureds, the following additional exclusions apply: This insurance does not apply: (1) To any "occurrence" which takes place after the equipment lease expires; or (2) To "bodily injury," "property damage," or "persona] and advertising injury" arising out of the sole negligence of such additional insured. B. The last paragraph of Section II - Who Is An Insured is deleted and replaced by the following: Except as provided in 4. above, no person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations, 5. PAR'1'NERSI IIP OR JOINT VENTURES Paragraph l.b. of Section Il - Who Is An Insured is deleted and replaced by the following: b. A partnership (including a limited liability partnership) or joint venture, you are an insured. Your members, your partners, and their spouses are also insureds, but only with respect to the conduct of your business. 6, EMPLOYEES AS INSUREDS - HEALTH CARE SERVICES For other than a physician, paragraph 2.a.(1)(d) of Section II - Who Is An Insured does not apply with respect to professional health care services provided in the course of employment by you. 7. PROPERTY DAMAGE - PNITERNS, MOLDS AND DIES Paragraphs (3) and (4) of Exclusion j. Damage to Property of SECTION I - EXCLUSIONS do not apply to patterns, molds or dies in the care, custody or control of the insured if the patterns, molds or dies are not being used to perform operations at the time of loss. A limit of imunance of $25,000 per policy period applies to PROPERTY DAMAGE - PATTERNS, MOLDS AND DIES and is included within the General Aggregate Limit as described in SECTION III - LIMITS OF Miscellaneous Attachment: M495240 Master ID: 1377909, Certificate ID: 12813936 the policy period or the next anniversary of this policy's effective date after you acquire or form the organization, whichever is earlier, 4. JOINT VENTURES/ PARTNERSHIP/ LIMITED LIABILITY COMPANY COVERAGE A. The followingis added to Section II -Who Is An Insured: 4. You are an insured when you had an interest in a joint venture, partnership or limited liability company which terminated or ended prior to or during this policy period but only to the extent of your interest in such joint venture, partnership or limited liability company. This coverage does not apply: a. Prior to the termination date of any joint venture, partnership or limited liability company; or b. If there is other valid and collectible insurance purchased specifically to insure the partnership, joint venture or limited liability company, h. Discrimination or humiliation that results in injury to the feelings or reputation of a natural person, but only if such discrimination or humiliation is: (1) Not done intentionally by or at the direction of: (a) The insured; or (b) Any "executive officer," director, stockholder, partner, member or manager (if you are a limited liability company) of the insured; and (2) Not directly or indirectly related to the employment, prospective employment, past employment or termination of employment of any person or persons by any insured. B. Exclusions of Section I - Coverage B - Personal and Advertising Injury Liability is amended to include the following: p. Discrimination Relating To Room, Dwelling or Premises Caused by discrimination directly or indirectly related to the sale, rental, lease or sub -lease or prospective sale, rental, lease or sub- lease of any room, dwelling or premises by or at the direction of any insured. q. Fines Or Penalties Fines or penalties levied or imposed by a governmental entity because of discrimination. C. 'Phis provision 9. (EXPANDED PERSONAL AND ADVERTISING INJURY COVERAGE) does not apply to discrimination or humiliation committed in the states of New York or Ohio. Also, EXPANDED PERSONAL AND ADVERTISING INJURY COVERAGE 4,v r e i -t/ ed �,e a INSURANCE. The insurance afforded by this provision 7. is excess over any valid and collectible property insurance (including any deductible) available to the insured, and the Other Insurance Condition is changed accordingly. 8. BODILY INJURY Section V - Definitions, the definition of "bodily injury" is changed to read: "Bodily injury" means bodily injury, sickness or disease sustained by a person, including death, humiliation, shock, mental anguish or mental injury by that person at any time which results as a consequence of the bodily injury, sickness or disease, 9, EXPANDED PERSONAL AND ADVERTISING INJURY A, The following is added to Section V - Definitions, the definition of "personal and advertising injury: for all medical expenses because of "bodily injury" sustained by any one person. 'I'he Medical Expense Limit is the greater of: (1) $15,000; or (2) The amount shown in the Declarations for Medical Expense Limit. B. This provision 10. (Medical Payments) does not apply if Section I - Coverage C Medical Payments is excluded either by the provisions of the Coverage Part or by endorsement. C. Paragraph La.(3)(2) of Section I - Coverage C - Medical Payments, is replaced by the following: The expenses are incurred and reported to us within three years of the date of the accident; and 11. SUPPLEMENTARY PAYMENTS A. Under Section I - Supplementary Payments - Coverages A and B, Paragraph lb., the limit of $250 shown for the cost of bail bonds is replaced by $2,500: B. In Paragraph 1.d:, the limit of $250 shown for daily loss of earnings is replaced by $1,000. 12. PROPERTY DAMAGE - ELEVATORS does not apply to policies issued in the states of New York or Ohio. D. This provision 9. (EXPANDED PERSONAL AND ADVERTISING INJURY COVERAGE) does not apply if Section I - Coverage B - Personal And Advertising Injury Liability is excluded either by the provisions of the Coverage Part or by endorsement, 10. MEDICAL PAYMENTS A. Paragraph 7. Medical Expense Limit, of Section Ill - Limits of Insurance is deleted and replaced by the following: 7. Subject to 5, above (the Each Occurrence Limit), the Medical Expense Limit is the most we will pay under Section - I - Coverage C (3) Property loaned to you; (4) Personal property in the care, custody or control of the insured; (5) That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf arc performing operations, if the "property damage" arises out of those operations; or (6) That particular part of any property that must he restored, repaired or replaced because "your work" was incorrectly performed on it. Paragraph (2) of this exclusion does not apply if the premises are "your work" and were never occupied, rented or held for rental by you. Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire, lightning, explosion, smoke, or leakage from automatic fire protective systems) to premises including the contents of such premises, rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to Damago To Premises Rented To You as described in Section III - Limits Of Insurance, Paragraphs (3), (4), (5) and (6) of this exclusion do not apply to With respect to Exclusions of Section 1- Coverage A, paragraphs liability assumed under a sidetrack agreement. (3), (4) and (6) of Exclusion j. and Exclusion k. do not apply to Paragraph (6) of this exclusion does not apply to "property the use of elevators. damage" included in the "products -completed operations hazard." The insurance afforded by this provision 12. is excess over any valid and collectible property insurance (including any deductible) available to the insured, and the Other Insurance Condition is changed accordingly. 13. LEGAL LIABILITY - DAMAGE TO PREMISES A. Under Section I - Coverage A - Bodily Injury and Property Damage 2. Exclusions, Exclusion j, is replaced by the following. Miscellaneous Attacbment : M495240 Master ID: 1377909, Certificate ID: 12813936 B. Under Section I - Coverage A - Bodily Injury and Property Damage the last paragraph of 2. Exclusions is deleted and replaced by the following. Exclusions c. through n, do not apply to damage by fire, lightning, explosion, smoke, or leakage from automatic fire protective systems to premises while rented to you or temporarily occupied by you with permission of the owner. J "Property damage" to: (1) Property you own, rent, or occupy, including any costs or expenses incurred by you, or any other person, organization or entity, for repair, replacement, enhancement, restoration or maintenance of such property for any reason, including prevention of injury to a person or damage to another's property; (2) Premises you sell, give away or abandon, if the "property damage" arises out of any part of those premises; 6. Subject to 5. above, the Damage T o Premises Rented To You Limit is the most we will pay under Coverage A for damages because of "property damage" to any one premises while rented to you or in the case of damage by fire, lightning, explosion, smoke, or leakage from automatic fire protective systems, while rented to you or temporarily occupied by you with the permission of the owner. The Damage To Premises Rented To You Limit is the greater of: a. $500,000; or A separate limit of insurance applies to this coverage as described in Section III - Limits Of Insurance. C. Paragraph 6, Damage To Premises Rented To You Limit of Section III - Limits Of Insurance is replaced by the following: 16. BROAD KNOWLEDGE OF OCCURRENCE You must give us or our authorized representative notice of an "occurrence," offense, claim, or "suit" only when the "occurrence," offense, claim or "suit" is ]mown to: (1) You, if you are an individual; (2) A partner, if you are a partnership; (3) An executive officer or the employee designated by you to give such notice, if you are a corporation; or b. The Damage To Premises Rented To You Limit shown in the Declarations. (4) A manager, if you are a limited liability company. D. Paragraph 4.b.(1)(b) of Section IV - Commercial General Liability Conclitions is deleted and replaced by the following: (b) That is property insurance for premises rented to you or temporarily occupied by you with the permission of the owner; or E. This provision 13. (LEGAL LIABILITY - DAMAGE TO PREMISES) does not apply if Damage To Premises Rented To You Liability under Section I - Coverage A is excluded either by the provisions of the Coverage Part or by endorsement. 14. NODI -OWNED WATERCRAFT Under Section I - Coverage A - Bodily Injury and Property Damage, Exclusion 2.g., subparagraph (2) is deleted and replaced by the following. (2) A watercraft you do not own that is: (a) Less than 55 feet long; and (b) Not being used to carry persons or property for a charge. 15, NON -OWNED AIRCRAFT Exclusion 2.g. of Section I - Coverage A - Bodily Injury and Property Damage, does not apply to an aircraft you do not own, provided that: 1. The pilot in command holds a currently effective certificate issued by the duly constituted authority of the United States of America or Canada, designating that person as a commercial or airline transport pilot; 2. It is rented with a trained, paid crew; and 3. It does not transport persons or cargo for a charge. Miscellaneous Attachinent : M495240 Master ID: 1377909, Certificate ID; 12813936 17. NOTICE OF, OCCURRENCE The following is added to paragraph 2. of Section 1V - Commercial General Liability Conditions - Duties in The Event of Occurrence, Offense Claim or Suit: Your rights under this Coverage Part will not be prejudiced if you fail to give us notice of an "occurrence," offense, claim or "suit" and that failure is solely due to your reasonable belief that the "bodily injury" or "property damage" is not covered under this Coverage Part, However, you shall give written notice of this "occurrence," offense, claim or "suit" to us as soon as you are aware that this insurance may apply to such "occurrence," offense claim or "suit." 18. UNIN'MNTIONAL FAIL URE TO DISCLOSE HAZARDS Based on our reliance on your representations as to existing hazards, if unintentionally you should fail to disclose all such hazards at the inception date of your policy, we will not deny coverage under this Coverage Part because of such failure. 19. EXPECTED OR INl'ENDED INJURY Exclusion a. of Section I - Coverage A - Bodily Injury and Property Damage Liability is replaced by the following: a. "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property, 20. LIBERALIZATION CLAUSE If we adopt a change in our forms or rules which would broaden coverage provided under this endorsement without an additional ✓�'�►. 'Aly 'lam Miscellaneous Attacbment : M495240 Master ID: 1377909, Certificate ID: 12813936 premium charge, your policy will automatically provide the additional coverages as of the date the revision is effective in your state. Revi'ti,,etJ �>e CC68021 A (Ed. 02113) NOTICE OF CANCELLATION TO CERTIFICATE HOLDERS It is understood and agreed that: If you have agreed under written contract to provide notice of cancellation to a party to whom the Agent of Record has issued a Certificate of Insurance, and if we cancel a policy term described on that Certificate of Insurance for any reason other than nonpayment of premium, then notice of cancellation will be provided to such Cettificateholders at least 30 days in advance of the date cancellation is effective. If notice is mailed, then proof of mailing to the last known mailing address of the Certificateholder on file with the Agent of Record will be sufficient to prove notice. Any failure by us to notify such persons or organizations will not extend or invalidate such cancellation, or impose any liability or obligation upon us or the Agent of Record. Attachment Code : D495276 Certificate ID : 12813936 CITY OF SANTA ANA OFFICE OF THE CITY ATTORNEY Certificate of Liability Insurance Checklist for Contractor Policies Name of Contractor: %� j �` f� C, Date Certificate of Liability Insurance Submitted: r Permit No. Issued: Atot q — ] t Steps: (a) Obtain Copy of (Current) Contract; (b) Identify Insurance Paragraph in Contract; (c) Review Insurance Requirements Stated in the Contract and Compare with the Certificate of Insurance Submitted for Approval; and (d) Check -off Each Item Below During Your Review of the Submitted Certificate of Insurance: 1. Name and Address of a Producer 7. Policy Number and Check to Verify Insurance is Effective During Project Date 2. Name and/or Telephone Number for or Contract Term Producer Contact [ 3. Name and Address of Contractor PIN 4. Name of the Insurance Company(ies) 5. Boxes Checked Identifying the Type of Coverage 6. Additional Insured Box Maybe Checked and Separate Additional Insured Endorsement Form Must Be Attached (make sure the endorsement lists the insurance policy #) and Verify Primary Language on Acceptable Additional Insured Endorsement `X, 8. Correct Coverage Dollar Amounts Listed 9. Project Description by Number or Location (if applicable) N 10. Name of City and Address 11. hisurer's Signature Required (not the contractor's signature) 12. To AJK pprove, Write "Reviewed by [sign your naive]" on Every Page of the Certificate of Insurance and all Endorsements and Write the Number of Pages (ex. 1/4 or 4/4) Contact the City Attorney's Office if you have any questions — Lisa Storck Y 5207 s ACOR"* CERTIFICATE OF LIABILITY INSURANCEDATE(MM/DD/YYYY) INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS 11 3/19/2016 3/11/2015 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(les) 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 Lockton Insurance Brokers, LLC License #OF15767 4275 Executive Square, Suite 600 La Jolla CA 92037 GUNIAUI NAME: A/C, No, Ext): A/C, No): E-MAIL ADDRESS: INSURERS AFFORDING COVERAGE NAIC # (858) 587-3100 INSURER A : National Fire Insurance Co of Hartford 20478 3/19/2016 INSURED IPS Group, Inc. 1377909 5601 Oberlin Drive, Ste. 100 San Diego CA 92121 INSURER B: American Casualty Company of Reading, PA 20427 INSURER C: Continental Casualty Company 20443 INSURER D: Indian Harbor Insurance Company 36940 INSURER E: INSURER F: COVERAGES IPSGR01 CERTIFICATE NUMBER: 12892512 REVISION NUMBER: XXXXXXX 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 INSD SUBR WVD POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MMIDD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY Y N 4034952942 3/19/2015 3/19/2016 EACH OCCURRENCE 1000-000 CLAIMS -MADE OCCUR PREMISESEaocdurDence 500,000 MED EXP (Any oneperson) 15,000 PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY JECT LOC GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG $ 2,000,000 OTHER $ B AUTOMOBILE LIABILITY N N 6013847872 3/19/2015 3/19/2016 COMBINED SINGLE LIMIT Ea accident $ 1000000 ANY AUTO BODILY INJURY (Per person) $AUTOS NED AUTODULEDBODILY Ix INJURY (Per accident $ XXX)CXCXHIRED AUTOS X NON -OWNED PerracciRd.nDAMAGE $ XXXXX'X'X $ XXXXXXX C X UMBRELLA LIAB X OCCUR N N 4034952990 3/19/2015 3/19/2016 EACH OCCURRENCE $ 5,000,000 EXCESS LIAB CLAIMS -MADE AGGREGATE $ 5,000,000 DEDTx RETENTION $10,000 $ XXX�;XXX B B WORKERS COMPENSATIONPER AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE YIN OFFICER/MEMBER EXCLUDED? a (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below NIA N 5093308451 (CA) 5093308496 (AOS) 3/19/2015 3/19/2015 3/19/2016 3/19/2016 OTH- X STATUTE E.L. EACH ACCIDENT $ 1000 000 E.L. DISEASE- EA EMPLOYEE$ -1000,000 E.L. DISEASE- POLICY LIMIT 1,000,000 D Tech E&0 / Network / Privacy / Media N N MTP9032003 3/19/2015 3/19/2016 Each Occ. 5,000,000; Agg.: 5,000,000; Det 100,000 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: RFP 14-012, Modernization of Downtown Parking Meters. Certificate Holder is an Additional Insured to the extent provided by the policy language or endorsement issued or approved by the insurance carrier. Insurance provided to Additional Insured(s) is primary and non-contributory as per the attached endorsements or policy language. Notice of Cancellation applies per attached endorsement(s). veils 12892512 City of Santa Ana its officiers, employees, agents, volunteers and representatives 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana CA 92702-1988 ACORD 25 (2014/01) VAP1--11V11 0.G-LM1 IH1101101 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. D REPRESENTATIVE --- ©'PM-2014 ACORD MRPOIRAk1110N. All rinhts rPCPrvPrl The ACORD name and logo are registered marks of ACORD CNA G -144294-C99 (Ed. 12/06) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TECHNOLOGY GENERAL LIABILITY EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Coverage afforded under this extension of coverage endorsement does not apply to any person or organization covered as an additional insured on any other endorsement now or hereafter attached to this Coverage Part. 1. ADDITIONAL INSURED - BLANKET VENDORS WHO IS AN INSURED (Section II) is amended to include as an additional insured any person or organization (referred to below as vendor) with whom you agreed, because of a written contract or agreement to provide insurance, but only with respect to "bodily injury" or "properly damage" arising out of "your products" which are distributed or sold in the regular course of the vendors business, subject to the following additional exclusions: 1. 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, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; e. Any failure to make such inspections, 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 products; f. Demonstration, installation, servicing or repair operations, except such operations performed at the vendors 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 other thing or substance by or for the vendor; or persons or organizations are additional insureds under this endorsement and coverage provided to such additional insureds is limited as provided hereon: a. Additional Insured - "Your Work" That person or organization for whom you do work is an additional insured solely for liability due to your negligence 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 Subparagraphs d. or f.; or (2) Such inspections, 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 products. 2. 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. This provision 1. does not apply to any vendor included as an insured by an endorsement issued by us and made a part of this Coverage Part. 4. This provision 1. does not apply if "bodily injury" or "property damage" included within the "products -completed operations hazard" is excluded either by the provisions of the Coverage Part or by endorsement. 2. MISCELLANEOUS ADDITIONAL INSUREDS WHO IS AN INSURED (Section II) is amended to include as an insured any person or organization (called additional insured) described in paragraphs 2.a. through 2.h. below whom you are required to add as an additional insured on this policy under a written contract or agreement but the written contract or agreement must be: 1. Currently in effect or becoming effective during the term of this policy; and 2. Executed prior to the "bodily injury," "property damage" or "personal injury and advertising injury," but only the following with premises you own, rent, or control and to which the insurance applies: (a) The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoistaway openings, sidewalk vaults, street banners, or specifically resulting from "your work" for the additional decorations and similar exposures; or insured which is the subject of the written contract or written (b) The construction, erection, or removal of elevators; or agreement. No coverage applies to liability resulting from the Miscellaneous Attachment: M495240 Master ID: 1377909, Certificate ID: 12892512 sole negligence of the additional insured. The insurance provided to the additional insured is limited as follows: (1) The Limits of Insurance applicable to the additional insured are those specified in the written contract or written agreement or in the Declarations of this policy, whichever is less. These Limits of Insurance are inclusive of, and not in addition to, the Limits of Insurance shown in the Declarations. (2) The coverage provided to the additional insured by this Paragraph. 2.a., does not apply to "bodily injury" or "property damage" arising out of the "products -completed operations hazard" unless: (a) It is required by the written contract or written agreement; and (b) "Bodily injury" or "property damage" included within the "products -completed operations hazard" is not excluded either by the provisions of the Coverage Part or by endorsement. (3) The insurance provided to the additional insured does not apply to "bodily injury," "property damage," or "personal and advertising injury" arising out of the rendering or failure to render any professional services. b. State or Political Subdivisions A state or political subdivision subject to the following provisions: (1) This insurance applies only with respect to the following hazards for which the state or political subdivision has issued a permit in connection e. Mortgagee, Assignee or Receiver A mortgagee, assignee or receiver but only with respect to their liability as mortgagee, assignee, or receiver and arising out of the ownership, maintenance, or use of a premises by you. This insurance does not apply to structural alterations, new construction or demolition operations performed by or for such additional insured. (2) This insurance applies only with respect to operations performed by you or on your behalf for which the state or political subdivision has issued a permit. This insurance does not apply to "bodily injury," "property damage" or "personal and advertising injury" arising out of operations performed for the state or municipality. c. Controlling Interest Any persons or organizations with a controlling interest in you but only with respect to their ability arising out of (1) Their financial control of you; or (2) Premises they own, maintain or control while you lease or occupy these premises. This insurance does not apply to structural alterations, new construction and demolition operations performed by or for such additional insured. d. Managers or Lessors of Premises A manager or lessor of premises but only with respect to liability arising out of the ownership, maintenance or use of that specific part of the premises leased to you and subject to the following additional exclusions: This insurance does not apply to: (1) Any "occurrence" which takes place after you cease or be a tenant in that premises; or (2) Structural alterations, new construction or demolition operations performed by or on behalf of such additional insured. Any insurance provided to an additional insured designated under paragraphs b. through h. above does not apply to "bodily injury" or "property damage" included within the "products - completed operations hazard." As respects the coverage provided under this endorsement, Paragraph 4.b. SECTION IV - f. Owners/Other Interests - Land is Leased An owner or other interest from whom land has been leased by 4 you but only with respect to liability arising out of the ownership, 1 maintenance or use of that specific part of the land leased to you and subject to the following additional exclusions: This insurance does not apply to: (1) Any "occurrence" which takes place after you cease to lease that land; or (2) Structural alterations, new construction or demolition operations performed by or on behalf of such additional insured. g. Co-owner of Insured Premises Miscellaneous Attachment: M495240 Master ID: 1377909, Certificate ID: 12892512 COMMERCIAL GENERAL LIABILITY CONDITIONS is deleted and replaced with the following: Other Insurance Excess Insurance This insurance is excess over: Any other insurance naming the additional insured as an insured whether primary, excess, contingent or on any other basis unless a written contract or agreement specifically requires that this insurance be either primary or primary and noncontributing. Where required by written contract or agreement, we will consider any other insurance maintained by the additional insured for injury or damage covered by this endorsement to be excess and noncontributing with this insurance. 3. NEWLY FORMED OR ACQUIRED ORGANIZATIONS Paragraph 3.a. of Section II - Who Is An Insured is deleted and replaced by the following: Coverage under this provision is afforded only until the end of kevie-wed �,y A co-owner of a premises co -owned by you and covered under this insurance but only with respect to the co-owners liability as co-owner of such premises. h. Lessor of Equipment Any person or organization from whom you lease equipment. Such person or organization are insureds only with respect to their liability arising out of the maintenance, operation or use by you of equipment leased to you by such person or organization. A person's or organization's status as an insured under this endorsement ends when their written contract or agreement with you for such leased equipment ends. With respect to the $zsurance afforded these additional insureds, the following additional exclusions apply: This insurance does not apply: (1) To any "occurrence" which takes place after the equipment lease expires; or (2) To "bodily injury," "property damage," or "personal and advertising injury" arising out of the sole negligence of such additional insured. B. The last paragraph of Section II - Who Is An Insured is deleted and replaced by the following: Except as provided in 4. above, no person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Naned Insured in the Declarations. 5. PARTNERSHIP ORJOINT VENTURES Paragraph 1.b. of Section II - Who Is An Insured is deleted and replaced by the following: b. A partnership (including a limited liability partnership) or joint venture, you are an insured. Your members, your partners, and their spouses are also insureds, but only with respect to the conduct of your business. 6. EMPLOYEES AS INSUREDS - HEALTH CARE SERVICES the policy period or the next anniversary of this policy's effective date after you acquire or form the organization, whichever is earlier. 4. JOINT VENTURES / PARTNERSHIP / LIMITED LIABILITY COMPANY COVERAGE A. The following is added to Section II - Who Is An Insured: 4. You are an insured when you had an interest in a joint venture, partnership or limited liability company which terminated or ended prior to or during this policy period but only to the extent of your interest in such joint venture, partnership or limited liability company. This coverage does not apply: a. Prior to the termination date of any joint venture, partnership or limited liability company; or b. If there is other valid and collectible insurance purchased specifically to insure the partnership, joint venture or limited liability company. h. Discrimination or humiliation that results in injury to the feelings or reputation of a natural person, but only if such discrimination or humiliation is: (1) Not done intentionally by or at the direction of: (a) The insured; or (b) Any "executive officer," director, stockholder, partner, member or manager (if you are a limited liability company) of the insured; and (2) Not directly or indirectly related to the employment, prospective employment, past employment or termination of employment of any person or persons by any insured. B. Exclusions of Section I - Coverage B - Personal and Advertising Injury Liability is amended to include the following p. Discrimination Relating To Room, Dwelling or Premises For other than a physician, paragraph 2.a.(1)(d) of Caused by discrimination directly or indirectly related to the sale, Section II - Who Is An Insured does not apply with respect to rental, lease or sub -lease or prospective sale, rental, lease or sub - professional health care services provided in the course of lease of any room, dwelling or premises by or at the direction of employment by you. any insured. 7. PROPERTY DAMAGE - PATTERNS, MOLDS AND DIES Paragraphs (3) and (4) of Exclusion j. Damage to Property of SECTION I - EXCLUSIONS do not apply to patterns, molds or dies in the care, custody or control of the insured if the patterns, molds or dies are not being used to perform operations at the time of loss. A limit of insurance of $25,000 per policy period applies to PROPERTY DAMAGE - PATTERNS, MOLDS AND DIES and is included within the General Aggregate Limit as described in SECTION III - LIMITS OF Miscellaneous Attachment: M495240 Master ID: 1377909, Certificate ID: 12892512 q. Fines Or Penalties Fines or penalties levied or imposed by a governmental entity because of discrimination. C. This provision 9. (EXPANDED PERSONAL AND ADVERTISING INJURY COVERAGE) does not apply to discrimination or humiliation committed in the states of New York or Ohio. Also, EXPANDED PERSONAL AND ADVERTISING INJURY COVERAGE INSURANCE. The insurance afforded by this provision 7. is excess over any valid and collectible property insurance (including any deductible) available to the insured, and the Other Insurance Condition is changed accordingly. 8. BODILY INJURY Section V - Definitions, the definition of "bodily injury" is changed to read: "Bodily injury" means bodily injury, sickness or disease sustained by a person, including death, humiliation, shock, mental anguish or mental injury by that person at any tune which results as a consequence of the bodily injury, sickness or disease. 9. EXPANDED PERSONAL AND ADVERTISING INJURY A. The following is added to Section V - Definitions, the definition of "personal and advertising injury": for all medical expenses because of "bodily injury" sustained by any one person. The Medical Expense Limit is the greater of: (1) $15,000; or (2) The amount shown in the Declarations for Medical Expense Limit. B. This provision 10. (Medical Payments) does not apply if Section I - Coverage C Medical Payments is excluded either by the provisions of the Coverage Part or by endorsement. C. Paragraph 1.a.(3)(2) of Section I - Coverage C - Medical Payments, is replaced by the following: The expenses are incurred and reported to us within three years of the date of the accident; and 11. SUPPLEMENTARY PAYMENTS A. Under Section I - Supplementary Payments - Coverages A and B, Paragraph Lb., the limit of $250 shown for the cost of bail bonds is replaced by $2,500: B. In Paragraph 1.d., the limit of $250 shown for daily loss of earnings is replaced by $1,000. 12. PROPERTY DAMAGE - ELEVATORS does not apply to policies issued in the states of New York or Ohio. D. This provision 9. (EXPANDED PERSONAL AND ADVERTISING INJURY COVERAGE) does not apply if Section I - Coverage B - Personal And Advertising Injury Liability is excluded either by the provisions of the Coverage Part or by endorsement. 10. NIEDICAL PAYMENTS A. Paragraph 7. Medical Expense Limit, of Section Ill - Limits of Insurance is deleted and replaced by the following: 7. Subject to 5. above (the Each Occurrence Limit), the Medical Expense Limit is the most we will pay under Section - I - Coverage C (3) Property loaned to you; (4) Personal property in the care, custody or control of the insured; (5) That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations, if the "property damage" arises out of those operations; or (6) That particular part of any property that must be restored, repaired or replaced because "your work' was incorrectly performed on it. Paragraph (2) of this exclusion does not apply if the premises are "your work" and were never occupied, rented or held for rental by you. Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire, lightning, explosion, smoke, or leakage from automatic fire protective systems) to premises including the contents of such premises, rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section III - Limits Of Insurance. Paragraphs (3), (4), (5) and (6) of this exclusion do not apply to With respect to Exclusions of Section I - Coverage A, paragraphs liability asstumed under a sidetrack agreement. (3), (4) and (6) of Exclusion j. and Exclusion k. do not apply to Paragraph (6) of this exclusion does not apply to "property the use of elevators. damage" included in the "products -completed operations hazard." The insurance afforded by this provision 12. is excess over any valid and collectible property insurance (including any deductible) available to the insured, and the Other Insurance Condition is changed accordingly. 13. LEGAL LIABILITY - DAMAGE TO PREMISES A. Under Section I - Coverage A - Bodily Injury and Property Damage 2. Exclusions, Exclusion j. is replaced by the following. Miscellaneous Attachment: M495240 Master ID: 1377909, Certificate ID: 12892512 B. Under Section I - Coverage A - Bodily Injury and Property Damage the last paragraph of 2. Exclusions is deleted and replaced by the following. Exclusions c. through n. do not apply to damage by fire, lightning, explosion, smoke, or leakage from automatic fire protective systems to premises while rented to you or temporarily occupied by you with permission of the owner. even, y "Property damage" to: (1) Property you own, rent, or occupy, including any costs or expenses incurred by you, or any other person, organization or entity, for repair, replacement, enhancement, restoration or maintenance of such property for any reason, including prevention of injury to a person or damage to another's property; (2) Premises you sell, give away or abandon, if the "property damage" arises out of any part of those premises; 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 "property damage" to any one premises while rented to you or in the case of damage by fire, lightning, explosion, smoke, or leakage from automatic fire protective systems, while rented to you or temporarily occupied by you with the permission of the owner. The Damage To Premises Rented To You Limit is the greater of: a. $500,000; or A separate limit of insurance applies to this coverage as described in Section III - Limits Of Insurance. C. Paragraph 6. Damage To Premises Rented To You Limit of Section III - Limits Of Insurance is replaced by the following: 16. BROAD KNOWLEDGE OF OCCURRENCE You must give us or our authorized representative notice of an "occurrence," offense, claim, or "suit" only when the "occurrence," offense, claim or "suit" is known to: (1) You, if you are an individual, (2) A partner, if you are a partnership; (3) An executive officer or the employee designated by you to give such notice, if you are a corporation; or b. The Damage To Premises Rented To You Limit shown in the Declarations. (4) A manager, if you are a limited liability company. D. Paragraph 4.b.(1)(b) of Section IV - Commercial General 17. NOTICE OF OCCURRENCE Liability Conditions is deleted and replaced by the following: The following is added to paragraph 2. of Section IV - (b) That is property insurance for premises rented to you or temporarily occupied by you with the permission of the owner; or E. This provision 13. (LEGAL LIABILITY - DAMAGE TO PREMISES) does not apply if Damage To Premises Rented To You Liability under Section I - Coverage A is excluded either by the provisions of the Coverage Part or by endorsement. 14. NON -OWNED WATERCRAFT Under Section I - Coverage A - Bodily Injury and Property Damage, Exclusion 2.g., subparagraph (2) is deleted and replaced by the following. (2) A watercraft you do not own that is: (a) Less than 55 feet long; and (b) Not being used to carry persons or property for a charge. 15. NON -OWNED AIRCRAP'T Exclusion 2.g. of Section I - Coverage A - Bodily Injury and Property Damage, does not apply to an aircraft you do not own, provided that: 1. The pilot in command holds a currently effective certificate issued by the duly constituted authority of the United States of America or Canada, designating that person as a commercial or airline transport pilot; 2. It is rented with a trained, paid crew; and 3. It does not transport persons or cargo for a charge. Miscellaneous Attachment: M495240 Master ID: 1377909, Certificate ID: 12892512 Commercial General Liability Conditions - Duties in The Event of Occurrence, Offense Claim or Suit: Your rights under this Coverage Part will not be prejudiced if you fail to give us notice of an "occurrence," offense, claim or "suit" and that failure is solely due to your reasonable belief that the "bodily injury" or "property damage" is not covered under this Coverage Part. However, you shall give written notice of this "occurrence," offense, claim or "suit" to us as soon as you are aware that this insurance may apply to such "occurrence," offense claim or "suit." 18. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS Based on our reliance on your representations as to existing hazards, if unintentionally you should fail to disclose all such hazards at the inception date of your policy, we will not deny coverage under this Coverage Part because of such failure. 19. EXPECTED OR INTENDED INJURY Exclusion a. of Section I - Coverage A - Bodily Injury and Property Damage Liability is replaced by the following: a. "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. 20. LIBERALIZATION CLAUSE If we adopt a change in our forms or rules which would broaden coverage provided under this endorsement without an additional b premium charge, your policy will automatically provide the additional coverages as of the date the revision is effective in your state. Miscellaneous Attachment: M495240 Master ID: 1377909, Certificate ID: 12892512 71 CC68021 A (Ed. 02/13) NOTICE OF CANCELLATION TO CERTIFICATE HOLDERS It is understood and agreed that: If you have agreed under written contract to provide notice of cancellation to a party to whom the Agent of Record has issued a Certificate of Insurance, and if we cancel a policy term described on that Certificate of Insurance for any reason other than nonpayment of premium, then notice of cancellation will be provided to such Certificateholders at least 30 days in advance of the date cancellation is effective. If notice is mailed, then proof of mailing to the last known mailing address of the Certificateholder on file with the Agent of Record will be sufficient to prove notice. Any failure by us to notify such persons or organizations will not extend or invalidate such cancellation, or impose any liability or obligation upon us or the Agent of Record. Attachment Code: D495276 Certificate ID : 12892512 0 1 ! March 11, 2015 City of Santa Ana its officiers, employees, agents, volunteers and representatives 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Re: Notice of Cancellation Clause To Whom It May Concern: As a service to our valued client, Lockton will provide at least thirty (30) days notice of cancellation to the certificate holder listed on the attached Acord 25 certificate of insurance should any of the policies described on the attached certificate be 1) cancelled by the insurer, other than for non-payment of premium, (10 day notice for non-payment/non-reporting), and 2) cancelled more than 30 days prior to the expiration date of the policy (if such cancellation occurs less than 30 days prior to expiration, Lockton will provide as much prior notice as practicable). If notice is mailed, proof of mailing notice to the certificate holder to the postal mailing address as shown in the schedule will be sufficient proof of notice. Thank you and please contact our office if you have any questions. Regards, David Burgos Assistant Vice President Lockton Insurance Brokers Attachment Code: D463006 Certificate ID : 12892512 CITY OF SANTA ANA *FFICE OF THE CITY ATTORNEY Certificate of Liability Insurance Checklist for Contractor Policies , Name of Contractor: 1, P's I Date Certificate of Liability Insurance Submitted: Permit. No. Issued: 4 2wo i - Steps: (a) Obtain Copy of (Current) Contract; (b) Identify Insurance Paragraph in Contract; (c) Review Irisurance Requirements Stated in the Contract and Compare with the Certificate of Insurance Submitted for Approval; and (d) Check -off Each Item Below During Your Review of the Submitted Certificate of Insurance: I. Name and Address of a Producer 7, Policy Number and Check to Verify Insurance is Effective During Project Date 2. Name and/or Telephone Number for or Contract Tenn Producer Contact M3. Name and Address of Contractor KI 4, Name of the Insurance Company(ies) S. Boxes Checked Identifying the Type of Coverage 6. Additional Insured Box May be Checked and Separate Additional Insured Endorsement Form Must Be Attached (make sure the endorsement lists the insurance policy #) and Verify Primary Language on Acceptable Additional Insured Endorsement 8. Correct Coverage Dollar Amounts Listed 9. Project Description by Number or Location (if applicable) t?q, V10. Name of City and Address I t. Insurer's Signature Required (qot the contractor's signature) 12. To Approve, Write "Reviewed by [sign your name]" on Every Page of the Certificate of Insurance and all Endorsements and Write the Number of Pages (ex. 1/4 or 4/4) Contact the City Attorney's Office if you bane any questions — Lisa Storck x 5207 s ACa►rziX CERTIFICATE OF LIABILITY INSURANCE 111 3/1912017 aATE,MMraa,YYYY, 3P1l2016 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 p limes may require an endorsement. A statement an this certificate does not confer rights to the certificate holder in lieu of such endorsements PRODUCER Lockton Insurance Brokers, LLC License #OF15767 4275 Executive Square, Suite 600 La Jolla CA 92037J/ CT ).AME: AX AIC No, Ext): arc, Na E-MAIL ADD SS: INSURERS) AFFORDING COVERAGE NAIC # (858) 587-3100 INSURER A; The Continental hISUr4 nce Company 35289 Y INSURED IPS Group, Inc. 1377909 5601 Oberlin Drive, Ste, 100 San Diego CA 92121 INSURER B: National Fire InSUrance Coof Ilarilord 20478 INSURER C: Continental Casuals CoFpL),,jny 20443 -INSURER D: Aml'UT'tGan Casualty Company of Reading, 1',A 20427 -INSURER E.: Indian l harbor insurance Com any �36940 INSURER F '"°^� rHGIVA21 7«TiNri-1r1l7:JII11 -�r�r r�T.ri3�rrrFTiri:"#tilx� r . d , . . �i+F�R`arvi4r� 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 SUBJECTTO AILL THE TERMS, EXCLUSIONS AND CONDIT'IQNS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADPL INSa SUER 4WD POLICY NUMBER POLICY EFF M AarryYYI POLICY EXP (MMIDDIYYYYI LIMITS A COMMEttCIALGENERALLIABIB.ITY Y N 4034952942, 3f 9/2016 3/1912017 EACH. OCCURRENCE. 1,000,000 CLAIMS -MADE ❑ OCCUR �. '"°^� DAMAGE TO RENTED SIO, PI2EMtSr=.S Ea occurrence 00 MED EXP (Any one arson) s 15.000 , PERSONAL & ADV INJURY ''...., $ 1,000,000 GENT AGGREGATE LIMIT APPLIES PER:. POLICY I JE O LOC GENERAL. AGGREGATE $ 2,000,000 PRODUCTS - COMPIOP AGG $ 2,00() 000 $ OTHER H AUTOMOBILE LIABILITY ]tij... N 601.3847872 3/19/2016 3/19/2017 side $, 1,0��,�01,000,000.. COMBINED IS'INGLELIMIT BODILY INJURY (Per person) $ XXXXXXX ANY AUTO Ix ALL OWNED SCHEGULED AUTOS, AUTOS BODILY INJURY jeer accident $ XXXXXX.X NIIN OWI�IED HIRED AUTOS X AUTOS PRC)PERTY DAMAGE Par aoeidenl $ XXXXXXX $ XXXXXXX Coli. $500 X1Collip. Sp00 C X UMBRELLA Li X IOCCUR N N 4034952990 3/19,'2016 3019/2017 EACH OCCURRENCE $ 15,000,000 .AGGREGATE $ 15,000,000 EXCESS LIAR CLAIMS -MADE DED I X I RETENTION $ 10,000 $ XXXXXX.X A D AMO EMPLC'YERS' I.IaBILITY WORKERS aER S ' L ABI L�cuTovE ®NIA PRO NH It Dyes IPrION OF .O, 6E.,, d rib. crdi3PEftATIQ�M1kS betnw �( 50933084,51 (CA) 50,93308496 AOS 3119/20l6 3/19/2011 3/19/20 17 aft)/21117 PER aTH- ST r`X EACH Ac TE oar T $ 1,000,000 11 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E_L DISEASE - POLICY LIMIT 1,000,000 E Tvdi F&O / Netwo ,r Privacy/ Mediu N 1,,1 NIT119032003 3/1912016 3/19/2017 Each Oce. 5,000,0011; AgLa.r 5,6I76,000: Ded.'. 100,0W DESCRIPTION Of OPERATIONS I LOCATIONS J VEHICLES (Attach. ACORD sol„ Additional Remarks Schedule, may be—aTtached if more space is required) R tt tnccrzn � ca8� Parking litters The Ci[ nl Salata Arta its ollictrs agents, wolul7tttr employees ee• e .,,c 'v°..., Re: E � �, g y , r L , s, . � oy a and r plcs n1<tlt �s are n<untd as additional insured, on a pruaaary/non-cotatrib� itoa -y basis, as respects Central Liability per attached. Separalion o'i' Insureds applies per paolicy ftatYza, 30 day cancellation notice applies per attached, 12813936 The City of Santa Ana, its officers, agents, vaiunleers, employees and representatives 20 Civic Center Plaza Santa Ana CA 92701 ACORD 2.5 (201 X4101)-lk[M40 14 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 .ems The ACORD name and logo are registered marks of ACOR43 All rights reserved CC68021A (Ed, 02/13) NOTICE OF CANCELLATION TO CERTIFICATE HOLDERS It is understood and agreed that: If You have agreed under written contract to provide notice of canceflation to as party to whom the Agtrit of Record has issued a Certificate of Insurance, and ifwe cancel a policy term described on that Certificate of Insurance for arry reason, other than nonpayment of premium, then notice of cancellation will be provided to such Certificateholders at least 30 days in advance of the date cancellation is effective, If notice is mailed, then proof of mailing to the last known mailing address of the Certificateholder on file with the Agent of Rec(-,)rd will be sufficient to prove notice. Any failure by us to notify such persons or organizations will not extend or invalidate such cancellation, or impose any, liability or obligation upon us or the Agent of Record. Attachment Code : D,495276 Certificate ID : 12813936 C,\'�%74872XX (C -I5) CNA Technology General Liability Extension Endorsement It is understood andagreed that this endorsement amends the COMMERCIAL GENERAL LIABILITY COVERAGE PART as follows. If any other endorsernentattached to this policy amends any provision also amended by this endorsement, then that other endorsement controls with respect to such provision, and the changes made by d -us, enclorsernent,,irith. respect to such provision do not apply, TABLE OF CONTENTS 1. Additional Insureds 2. Additional Insured - Primary And Non -Contributory To Additional Insured's Insurance 3. Bodily Injury — Expanded Definition 4. Broad Knowledge of Occurrence/ Notice of Occurrence 5, Broad Named Insured 6. Estates, Legal Representatives and Spouses 7. Expected Or Intended Injury — Exception for Reasonable Force S. In Rem. Actions 9. Incidental Health Care Malpractice Coverage 10. joint Venttires/P-,trtnersliip/Limited Liability Companies 11. Legal Liability — Damage To Premises 12. Medical Payments 13. Non -owned Aircraft Coverage 14. Non -owned Watercraft 15. Personal And Advertising Injury — Discrimination or Humiliation 16. Personal And Advertising Injury - Limited Contractual Liability 17. Property Damage - Elevators 18. Supplementary Payments 19. Property Damage — Patterns, Molds and Dies 20. Unintentional Failure To Disclose Hazards 21. Waiver of Subrogation —Blanket 1. ADDITIONAL INSUREDS a. WHO IS AN INSURED is amended to include as an Insured any perq)n or ot-ganization described in paragraphs A. through K. below whom Named Insured is required to add as an additional insured on this Coverage Part Under a written contract or v,rittenagreernerit, provided Such coritnact oragreernerit: (1) is currently in effect or becomes effective during the term of this Coverage Part; anti (2) was executed prior to: (a) the bodily injury or property damage; or (b) the offense that caused the personal and advertising injury, for Nxhich such additional insured seeks coverage. b. However, subject always to the terms and conolitions of this policy, including the limits of iriSLIMuCe, the Insurer will not provide such additional insured with: (1) a, higher limit of insurance than required by such contract ora,�7Qcrnent; or (2) coverage broader than required by such contract or agreement, and in no event broader than that described by the applicable paragraph A. through K. below. Any cover -age grated by this erick,)tsement shall apply only tee the extent permissible by law, MIiSCC11MIC01.1i Attachment: M495240 Certificate ID : 12813936 b. Flowever, subject always to the terns and conditions of this policy, including the limits of irisurance, the Insurer wil] not provide such additional insured with: (1) a higher lin-lit Of insurance than required by such contract or agreement; or (2) coverage broader- than required by such Contract or agreement, and in no event broader than that described by the appii cable paragraph A. through K. below, Any coverage granted by this endorsement shall apply only to the extent permissible by law, 13- Co-owner of Insured Premises A CO-OWner of a premses co -owned by it Named Insured and covered under this insurance but only x,6th respect to such co -owner's liability for bodily injury, property clarnage or personal and advertising injury as premises, co-owner of such C. Grantor of Franchise Any person or organization that has granted a franchise to a Named Insured, but only with respect to such person or Organization',,, liability for bodily injury, property damage or personal and advertising injury as grantor of franchise to the Narned Insured. D. Lessor of Equipment Any person or organization from vThoni a Named Insured leases equipment, but only with respect to liability for bodily injury, property damage or personal and advertising injury caused, in whole or in part, by the Natned Insured's maintenance, operation or use of such equipment, provided that the occurrence ' giving rise to Such bodily injury, property damage or the offense giving rise to such personal and advertising injury tapes place prior to tile E. Lessor of Land Any person or org,,1,iizatio, fron, whore a Named Insured leases bind but only with respect to liability for bodily injury, property darnage or personal and advertising injury arising out of the ownership, maintenance or use Of Such land, provided that the occurrence giving rise to such bodily injury, property damage or the offense -rr�inqtiori of such lease, The coverage granted by this such personal and advertising injury takes place prior to the tet giving rise to panagi-aph does not apply to structural alterations, new construction Or demolition operations performed by, on behalf o I . 7 , or for such additional insured. P. Lessor of Prernises, An owner or lessor of premises leased to the Named Insured, or such Owner or lessor's real estate manager, but only with respect to liability for bodily injury, property damage or personal and advertising injury ',InSlog Out of the mvnership, maintenance or use ot'such part Of the premises leased to the Named Insured, and provided that the OCCUrrence giving rise to such bodily injury or property damage, or the offense giving rise to such personal and advertising injury, tilk-es place prior to the termination (if such lease. The covetagegranted by this paragraph does not apply to structural alterations, new construction or demolition operations, perforniccl by, on behalf of, additional insured, or for such G. Mortgagee, Assignee or Receiver A rnorqy ,agee, assignee Or teceiver of premises but only with respect to such mortgagee, assignee or receiver's liability for - bodily injilry , property darnage or personal and adver tising injury arising out of the Named Insured's ownership, maintenance, Or use of a premises by a Narned Insured. The Coverage granted by this paragraph does not apply to StrUCtUril alterations, new construction ordemohrion operations performed by, on behalf of, Or for such additional insured. Miscellaneous Attachment : M495240 A -e a J- e4"'e'd Certificate iD : 12813936 4 H. State or Governmental Agency or Subdivision or Political Subdivisions — Permits A state or governmental agency or subdivision or political subdivision that has issued a permit Or authorization but Only with respect to Such state or govertuncrital agency or subdivision or political subdjvisi,,)n1s h,,1biliry for bodily injury, property damage or personal and advertising injury arising out of,, 1- tile following hazards in connection with premises a Named Insured OWFIS, rents, or controls and to which this insurance applies: a. the existence, m-aintertince, repair, construction, erection, or removal ofac lvertising signs, -,vvnings, canopies, cellar cntrrinces, coal holes, driveways, manholes, marquees, hoist away opeltings, sidewalk- vaults, street banners, or decorations and similar exposures; or b. the construction, erection, or removal of elevators; Or c- the ownership, maintenance or use of any elevators cowered by this insurance; or 2. the permitted or authorized operations performed by a Named Insured or On It Named Insured's behalf, The coverage granted by this Paragraph does not apply to: a. Bodily injury, property damage or personal and advertising injury arising Out Of ( I C for the state or goverfirnent, _)peratio, s perform d ,11 agency or subdivision or political subdivision; or b. Bodily injury or property damage included within the products -completed operations hazard. With respect to this provision's rcquirernent that additional insured status must be requested under a written contract or agreement, the Insurer will treat as a written contract any governmental permit that requires the Named Insured to add L the governmental entity as ,in additional insured, 1. Trade Show Event Lessor 1. With respect to Naryied Insured"s pa itici patio n in a trade show event as an exhibitor, presenter or displayer, any Person or orgatnjzation wilon, the Named Insured is required to include as an additional insured, but only -,with respect to such person or organization's liability for bodily injury, property damage or personal and advertising injury caused by: a. the Named Insured's acts or omissions; or b. the acts or ornissions of those acting on the Named Insured's behalf, in the performance of the Named Insured's ongoing operations at the trade show everts premises chiring the trade show event. 2. The coven vge granted by this paragraph does not al-.)plv to bodily injury or property damage included within the products -completed operations hazard. J. Vendor Any person or organization but onYy with respect to such person ,or organization's liability for bodily injury or property damage arising out of your products -which ate distributed or sold in the regular Course of such person or Organization's business, provided that: I. The coverage granted by this paraqapli does not apply to: a. bodily injury or property damage for which such person or orgr1j;,,,tjo, is obligated to Pay damages by reason of the 'assumption of liability in a contract or agreement unless such liability,- exists in the -1)scrlcc of rile contract or agreement� absence ' Miscellaneous Attachment ; N/1495240 L/ Je,&v Certificate ID : 12813936 b. any express warrant), unauthorized by the Named Insured; c. any physical or chemical change in any product made intentionally by such person or oqganization d. repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, (it the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; e. any failure to make any inspections, adjUStintrits, tests or servicing that such person or organization has agreed to rnakt or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; f. demonstration, instAition, servicing or repair operations, except such operations performed at such person or orginizqtion's premises in connection with the sale of as product; g. products which, after distribution or sale by the Named Insured, have been labeled or relabeled or used as q container, part or ingredient of any other thing or substance by or for such person or organization; or h. bodily injury or property damage arising out of the sole negligence of such person or organization for its own acts or emissions or those of its employees or anyone else acting on its behalf, I lowever, this exclusion does 110tRPP13T to; (1) the exceptions contained in Subparagraphs d. or f. above; or (2) such inspections, adjustments, tests or servicingas such person or organization has agreed with the Named Insured to make Or 11017=211y undertakes to make in the L19LI.11 course of business, in connection with the distribution or sale of the products, 2. This Paragraph J. does not apply to any insured person or organization, from wli(.-)nl the Named Insured has acquired such products, nor to any ingredient, part or container, entering into, accompanNjng or containing such products. 3. This Paragraph J. also does not appl3 - a. to any vendor specifically scheduled as an additional insured by tridorserncrit to this Coverage Part; b. to any of your products for which coverage is CXCILidttl by endorsement to this Coverage Part; nor c. if bodily injury or property damage included -,virhin the products-cornpicted operations hazard is excluded by endorsernent to this Coverage Part. K. Other Person Or Organization / Your Work Any person or organization who is not an additional insured under Paragraphs A. through J. above. Such additional insured is an Insured solely for bodily injury, property damage or personal and advertising injury for which such additional insured is liable because of the Named Insured's acts or omissions. The C()%Terage granted by this paragraph does notapply toanyperson or orgamzatiorl. 1. Who is specifically scheduled as an additional insured on another endorsement to this Coverage Part; nor 2. for bodily injury or property damage included -within the products-cotopleted operations hazard except to the extent all of the folk),wingapply: a. this Coverage Part provides such coverage; MiSCellar]COL]s Attachment : M495240 Certificate ID : 12813936 b. the written contract or agreement described in the opening paragraph of this ADDITIONAL INSUREDS provision requires the Named Insured to provide the additional insured such coverage; and c. the bodily injury or property darnage results from your work that is the subject of the written contract or agreement, and such work has not been excluded by endorsement to this Coverage Part. 2. ADDITIONAL INSURLD - PRIMARY AND NON-CONTRIBUTORY TO ADDITIONAL INSURED'S INSURANCE A. The Other Insurance Condition in the COMMERCIAL GENERAL LIABILITY CONDITIONS Section is amended to add the following paragraph: If the Named Insured has agreed in writing in a contract or agreement that this insurance is prii-rian, and non-contributory relative to an additiOn',11 inSUred's own insurance, then this insurance is primary, and the Insurer will not seek contribution from that other insurance. For the purpose of this Provision 2., the additional insitred's own insurance means insurance on which the additional insured is a named insured. B. With respect to persons or organizations that clualifyas additional insureds pursuant to paragraph 1.K. of this endorsement, the following sentence is added to the paragraph above:, Otherwise, and notwithstanding anything to the contrary elsewhere in this Condition, the insurance provided to such person or organization is ei,cess of any other insurance available to such person or organization. 3. BODILY INJURY — EXPANDED DEFINITION Under DEFINITIONS, the definition of bodily injury is deleted and replaced by the following: Bodily injury means physical injury, sickness or disease sustained by person, including death, humiliation, shock, mental anguish or mental injury sustained by that person atany time which results asa consequence of the physical injury, sickness or disease. 4. BROAD KNOWLEDGE OF OCCURRENCE/ NOTICE OF OCCURRENCE LJnder CONDITIONS, the C011ditJ01-1 entitled Duties in The Event of Occurrence, Offense, Claim or Suit Condition is amended to add the following provisions: A. BROAD KNOWLEDGE OF OCCURRENCE The Named Insured must give the Insurer or the fiisurer's authorized representative notice of an occurrence, offense or claim only when the occurrence, offense or claim is known to a natural person Named Insured, to a partner, executive offitcer, manager or member of a Narned Insured, or to an employee designated by any of the above to give such notice. B. NOTICE OF OCCURRENCE The Named Insured's rights under this Coverage Part will not be prejudiced i f- the Named Insured fails to give the Insurer notice of an occurrence, offense or claimand that failure is solely due to the Named Insured's reasonable belief that the bodily injury or property damage is not covered under this Coverage Part. however, the Narned Insured shall give written notice of such occurrence, offense or claim to) the lmurtr as soon as the Named Insured is aware that this insurance rnay apply to such occurrence, offense or claiin. S. BROAD NAMED INSURED WHO IS AN INSURED is amended to delete its Paragraph 3. tri its entirety and replace it %vith the following: MiS,Cel],MeMls Attachment: M495240 Certificate ID: 12813936 Z2�1- 3, Pursuant to the htnitatioris described in I'ara€n-aph 4. below, any organization in which a Named Insured. has management control: a. on the effective date of this Coverage Part, or b. by reason of a Named Insured creating or acgaairing the organization during the policy period, qualifies as a Named Insured, provided that there is no rather similar liability insurance, whether prirnar}r, contributory, excess, contingent or otherwise, which provides coverage to such organization, or which would have provided coverage but for the exhaustion of its limit, and without regard to ur;hether its coverage is broader or narrower than that provided by this insurance. But this BROAD NAMED INSURED provision does not apply to: (a) any partnership or point venture;. or (b) any organization for which coverage is excluded by another endorsement attached to this Coverage fart For the purpose of this provision, and of this endorseanent's JOINTVENTURES j PARTNERSHIP / LIMITED LIABILITY COMPANIES prevision, management ceantra'nl reams: A. owning interests representing more than 509'ar of the voting, appointment or designation power for the selection of a majority of the Board of Directors of a corporation, or the members of the management board of a. limited hability company; or B. having the tight, pursuant to a written trust aa<gree hent, to protect, control the use of, encumber or transfer or sell property held by a trust. 4. With respect to organizations which qualify as Named Insureds by virtue of Paragraph 3. above, this insurance dales not apply to: a. bodily injury or property damage that First occurred prior to the date of management control, or that first occurs after management control ceases; nor b. personal or advertising injury caused by an offense that first occurred prior to the date of trona ;ement control or that First: occurs after management control ceases. 5. The insurance provided by this Coverage Part applies to Famed Insrureds when trading; wander their own names or under such other trading names or doing -business -as names (dba) as arty Named Insured,should choose to employ.. 6. ESTATES, LEGAL. REPRESENTATIVES, AND SPOUSES The estates, heirs, legal representatives ;and spouses ole any natural person Insured shall also be insured under this policy; provided, however, coverage is afforded to such estates, heirs, legal representatives, and spouses only for: claims arising solely out of their capacity or status as such and, in the case of a spouse, where such claim, seeks damages from marital cotrunu.nity property~, jointly held property or property transferred from such natural person Insured to such spouse. No coverage is provided for any act, error or omission of an estate, heir, legal representative, or spouse outside the scope of such person'scapacity or status as such, provided however that the spouse of a natural person. Named Insured, and the, spouses of members or partners of point venture or partnership Named Insureds are Insureds with respect to such spouses' acts, errors or omissions in the conduct of the Named Insured's business. 7. EXPECTED OR INTENDED INJURY — EXCEPTION FOR REASONABLE FORCE l.Vnder COVERAGES, Coverage A— Bodily Injury And Property Damage Liability, the paragraph entitled Exclusions is amended to delete the exclusion entitled Expected or Intended Injury and replace it with the following• This insurance does not apply to: Nlusccllancous Att<chanent : M495240 CertiFacate lD : 12513936 Expected or Intended Injury Bodily injury or property damage expected or intended from the standpoint of the Insured. This exclusion does not apply to bodily injury or property damage resulting from the use of reasonable force to protect persons or property, 8. IN REM ACTIONS A quasi in rem action against any vessel owned or operated by or for the Named Insured, or chartered by or for the Named Insured, will be treated in the sanic manner as though the action were inper swiewiagainst the Named Insured. 9. INCIDENTAL HEALTH CARE MALPRACTICE COVERAGE Solely with respect to bodily injury that anises out of a health care incident: A. Under COVERAGES, Coverage A— Bodily Injury And Property Damage Liability, the Insuring Agreement is amended to replace ParagTaphs lb.(1) and l.b.(2) with the following: b. 'This insurance applies to bodily injury provided that the professional health care services are incidental to the Named Insured's primary business purpose, and only if., (1) such bodily injury is caused by an occurrence that takes place in the coverage territory. (2) the bodily injury first occurs during the policy period. AU bodily injury arising frorn an occurrence will be deemed to have occurred at the time of the firstact, error, or omission that is part of the occurrence„ and B. Under COVERAGES, Coverage A— Bodily Injury And Property Damage Liability, the paragraph entitled Exclusions is amended to: i. add the following to the Employers Liability exclusion: This exclusion applies only if the bodily injury arising frf.-mi a health care incident is covered by other hability insurance available to the Insured (or which Would have been available bot for exhaustion of its limits). ii. delete the exclusion entitled Contractual Liability and replace it %cith the fol -lowing: This insurance does notapply to: Contractual Liability the Insured's aCtllfld or alleged liability under any oral (-it Written contract or agi-ternerit, including but not hinited to express warranties or guarantees. iii. add the FOHOWinc' IdditiOn',11 exclusions.11 This insurance does 110L apply to: Discrimination any actual or alleged discrimination, hUnlifiation or harassment, that includes but shall riot be limited to claims based on an individual's race, creed, color, age, gender, national origin, religion, disability, marital status or sexual orientation, Dishonesty or Crime Ariyactual or alleged dishonest, criminal or malicious act, error or omission. Medicare/Medicaid Fraud tviiscellaiieOUs Attachment : M495240 Certificate ID : 12813936 12tvi'ewd by any actual or alleged Violation of Law with respect to Medicare, Aledicaid, Tricare or any similar federal, state or local governmental program. Services Excluded by Endorsement Any health care incident for which coverage is CXCIUCled by endorsement. C. DEFINITIONS is amended to: Ladd the foflowing definitions: Health care incident means an act, error or omission by the Named Insured's employees or volunteer workers in the rendering of,. a. professional health care services on behalf of the Named Insured or b. Good Samaritan services rendered in an ernergency and for vvhich no payment is demanded or received. Professional health care services means any health care services or the related furnishing of food, beverages, medical supplies or appliances by the following providers in their capacity as such but solely to the extent they are duly licensed as recjuirecl: a. Physician, - b. NUI -Se; c. Nurse practitioner; d. Emergency medical technician; e. Paramedic; f. Dentist; g. physical therapist,- h. psychologist; i. Speech therapist; j. Other allied hea-lth professional; or Professional health care services does not include ani services tendered its connection xvith human clinical trials or product testing. R. delete the definition of occurrence arid replace it with the following: Occurrence means a health care incident. All acts, errors or omissions that are logically connected by -i, event, advice or decision will be considered to any comi-non fact, circumstance, situation, tratsv actiot constitute a single occurrence; iii. amend the definition of Insured to: a. add the following: 4Ui'e4,eW 6Y Miscellaneous Attachment: M495240 Certificate ID : 12813936 zl�, X, -0-/- - I Ole - the Named Insured's employees are Insureds with respect to: (1) bodily injury to a co -employee while in the course of the co -employee's entployment by the Named Insured or while performing duties related to the conduct of the Narned Insured's business; and. (2) bodily injury to a volunteerworker while perfortning dudes related to the conduct of the Named Insured's business; when such bodily injury arises out of a health care incident. * the Named Insured's volunteer workers are Insureds with re9pect to: (1) bodily injury to a co, -volunteer worker while performing duties related to the conduct of tile Named Insured's business; and (2) bodily injury to an employee while in the course of the employee's employment by the Named Insured or while perfort-ning dudes related to the conduct of the Named Insured's business; when such bodily injury -arises Out of a health care incident. b. delete Subparagraphs (a), (b), (c) and (d) of Paragraph 2.a.(1) of WHO IS AN INSURED, C. add the following: Insured does not include any physician while acting in his or her capacity as such. D. The Other Insurance condition is amended to delete Paragi7aph b.(l) in its entirety and replace it with the following: OtherInsurance b. Excess Insurance (1) To the extent this insurance applies, it is excess over any other insurance, self insurance or rill. transfer instrument, whether primary, exp"- s,contingent or oil any other basis, except for insurancc� purchased specifically by the Named Insured to be excess of this coverage. 10. JOINT VENTURES / PARTNERSHIP / LIMITED LIABILITY COMPANIES WHO IS AN INSURED is amended to delete its last paragraph and replace it with the Following: No person or organization is an Insured with respect to: * the Conduct of any current or past partnership or joint venture that is not shown as a Named Insured in the Declarations; nor I the COII&Ct of a current or past limited hability company in which a Named Insured's interest dots/did not rise to the level of management control; except that if the Named Insured was point venturer, partner, or member of such a limited liability cornpany, and such joirtt venture, partnership or finlited liability company terminated prior to or during the policy period, then :Such Named Insured is an Insured with respect to its interest in such ioirit venture, partnership or limited liability company but only to the extent that: a. any offense giving rise to personal and advertising injury occurred prior to such termination dare, and the personal and advertising injury arising out of such offense, first occurred after such terminajon date; Miscellaneous Attachment :x'1495240 e - Certificate ID : 12813936 b. the bodily injury or property damage first occurred after such termination dale; and c. there is no other valid and collectible insurance Purchased specifically to inSUre the partnership, joint venture or limited liabiliti, company. 11. LEGAL LIABILITY — DAMAGE TO PREMISES A. Under COVERAGES, Coverage A — Bodily Injury and Property Darnage Liability, the paragraph entitled Exclusions is amended to delete the first paragraph immediately following subparagraph (6) of the Damage to Property exclusion and replace it with the following: Paragraphs (1), (3) and (4) of this exclusion do not apply to property darnage (other than damage by fire) to premises rented to the Named Insured or temporarily occupied by the Named Insured with the permission of the owner, nor to the contents of premises rented to the Named Insured fora period of 7 or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To YOU as described in LIMITS OF INSURANCE. B. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete its last pqragraphand replace it with the following;; Exclusions c. through n. do not apply to damqgc by fire to premises while rented to Named Insured or temporarily occupied by a Named Insured with perri-iission of the owner, nor to damage to the contents of premises rented to a Narned Insured fora period of 7 or fewer CouSCCUrive days. A separate limit of insurance applies to this cove rageas described in the LIMITS OF INSURANCE Section. C. LIMITS OF INSURANCE is amended to delete paragraph 6. (the Damage To Prtmises, Rented To You Limit) and replace it with the following: 6. Subject to Paragraph 5. above, (the Each Occurrence Limit), the Damage To Premises Rented'"ro You Linxit is the most the Ensurer will pay under COVERAGE A for darnages beCaL15C Of property damage to: a. any one premises while rented to a Named Insured or temporarily occupied by Named Insured with the permission of the cry�-,Tner;arid b. contents of such premises if the premises is rented to the Named Insured for a period of 7 or fewer. COIISMIdVC days. The Damage To Premises Rented To You LiRlit is $500,000, unless a different Damage to Premises Rented to You Limit is shown in the Declarations. D. The Other Insurance Condition is amended to delete Paragraph b.(l)(a)(Ji), and replace it with the followjng:, (ii) That is property insurance for premises rented to a Named Insured, for premises ternponarily occupied by the Named Insured with the permission of the owner; or for or personal property of others in the Narned Insured's care, custody or control; E. This provision 11. does not apply if liability for damage to premises rented to a. Named Insured is excluded by another endorsernentartqched to this Coverage Part. 12,. MEDICAL PAYMENTS A. LIMITS OF INSURANCE is amended to delete Paragraph 7. (the,\,ledical 1-`,xpenst Limit) and replace it with the following: Miscellaneous Attachment: M495240 Certificate ID: 12813936 7. Subject to paragraph 5. above (the Each Occurrence Limit), tile Aleclical Expense Limit is the most the Insurer -will pay under Coverage C — Medical Payments for 11.1 medical expenses because of bodily injury sustained by any one person. The lVedical Expense Limit is the gtt-,,Lter of. (1) $15,000 Unless a differcntall'ount is shown here. @(- _a) @ ,q �D @ q p, CCO @ -ie Declarations for Medical Expense Limit. (2) the amount sl -low, in t1 (q, '@ or B. Under COVERAGES, the Insuring Agreement of Coverage C — Medical Payments isarliencled to replace paragraph La.(3)(b) with the following: (b) The expenses are incurred and reported to tile InsLirer within three years of the date of the accident; and This l?aragraph B. does, not ;apply to rnedical expenses inCUrred in the ,rate of i' lissoLirj. 13. NON -OWNED AIRCRAFT LJndcr COVERAGES, Coverage A— Bodily Injury and Property Damage Liability, the para aphentitled Exclusions is amended as follows: qr The exclusion entitled Aircraft, Auto or Watercraft is amended to add the following: This exclusion does notapply to an aircraft not owned by any Named Insured, provided that: 1. the pilot in command holds a currently effective certificate issuers by the duly constituted authority of-- the United States of America or Canada, designating that personas a commercial or airline transport pilot; 2. the 'aircraft is rented with a trained, paid crew to the Named Insured; and 3. the aircraft is not being Used to carry persons or property Fora charge. 14. NON -OWNED WATERCRAFT Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete subparagraph (2) of tile exclusion entitled Aircraft, Auto or Watercraft, and replace it with the follo-,wing. This exclusion does not apply to: (2) a watercraft that is not owried by any Named Insured, provided the, watercraft, is (a) less than 75 feet long; and (b) not being used to carry persons 017 property fora cliarg ,e, 15. PERSONAL AND ADVERTISING INJURY —DISCRIMINATION OR HUMILIATION A. Linder DEFINITIONS, the definition of personal and advertising injury is amended to add the following tort: Discrimination or humiliation tl",It results in injury to the feelings or reputation of natural person. B. I.inder COVERAGES, Coverage B — Personal and Advertising Injury Liability, the paragraph entitled Exclusions is amended tw I. dc)ett the Exdusion entitled Knowing Violation Of Riglits Of Anotherand replace it with the foflowing: This insurance does not apply to: Miscellaneous Attachment: M495240 Certificate ID : 12813936 Knowing Violation of Rights of Another Personal and advertising injury caused by or at the direction of the Insured with the knowledge that the act would violate the rights of anotherarid would inflict personal and advertising injury. This exclusion shall not apply to discrimination or humiliation Haat results in injury to the feelings or reputation of natriral person, but only if such discrimination Or humiliation is not done intentionally by or at the direction of. (a) the Named Insured; or (b) any executive officer, director, stockholder, partner, member or manager (if the Named Insured is a ➢ignited liability company} Of the Named Insured. 2. add the following exclusions: This iu5L1ra11CC does notapplyto: Employment Related Discrimination Discrimirtanon or humiliation directly or indirectly related to the employment, prospective employment, past employment or terriiina6on of employment of any person by any Insured. Premises Related Discrimination discrimination or hurniliation arising out of the sale, rental, lease cur sub -lease Or prospective sale, rental, lease Or sub -lease of any room, dwelling or premises by or at the dirCCLiOrl of -any Insured. Notwithstanding the above, there is no coverage for Fines or penalties levied or imposed by a governmental entity because of discrirnination. The coverage provided by this PERSONAL AND ADVERTISING INJURY—DISCRIMINATION OR HUMILIATION provision does not apply to any person or orgartization whose status as an Insured derives solely boon a Provision 1. ADDITIONAL INSURED of this endorsement; or a attachment of additional insured endorsement to this Coverage Part. 16. PERSONAL AND ADVERTISING INJURY - LIMITED CONTRACTUAL LIABILITY A. Under COVERAGES, Coverage B —Personal and Advertising Injury Liability, the paragraph entitled Exclusions is amended to delete the exclusion entitled Contractual Liability and replace it with the foHowing: This insurance does not apply to: Contractual Liability Personal and advertising injury for which the Insured hats assumed liability in a contract oragreement This eXCIL[siori does not apply to liability for damages: (1) that the Insured would have in the absence of the contract or a'grecrnenL; or - (2) r (2) ISSUrned in contract or agreement that isan insured contract provided the offense that C-LUSed such personal or advertising injury first occurred subsequent to the execution Of such insured contract. Solely for the purpose of liability assumed in ,in insured contract, reasonable attorney fees and necessary licigarion expenses incurred by or for .1 party other than an Insured are citerritcl to be damages because Of personal and advertising injury provided: Miscellaneous Attachment : M495240 ✓ Certificate ID : 12813936 (a) liability to such party for, or for the cost of, that party's defenst has also been ',1S9Urncd in such insured contract; and (b) such attorney fees and litigation expenses are for defense of such party against a civil or alternative dispute resolution proceeding in which covered damages are alleged. B. Solely for the purpose of the coverage provided by this paragraph, DEFINITIONS is amended to delete the definition of insured contract in its entirety, and replace it xvith the following: Insured contract means that part (if a written contract or written agreement pertaining to the Named Insured's business Linder which the Named Insured assumes the tort liability of another part), to pay for personal or advertising injury arising out of the offense of False arrest, detention Or imprisonment. Tort liability means a liability that ,vould be imposed by law in the absence ol'any contract or agreement. C. Solely for the PLILPOSC of the coverage ptovided by this paragraph, the following changes are made to the Section entitled SUPPLEMENTARY PAYMENTS — COVE, RAGES A AND B: 1. paragraph 2.d. is replaced by the following: d. The allegations in the suit and the information the Insurer lmows about the offense alleged in such suit are such that no conflict appears to exist between the interests of the Insured and the interests of the indemnitee; 2. The first unnumbered paragraph beneath Paragraph 2.f.(2)(b) is deleted and replaced 1)), the following: So long as the above coridinoris are rnet,attorneys fees incurred by the Insurer in the defense of that indemnitee, necessary litigation expenses incurred by the Insurer, and necessary litigation expenses incurred by the indernnitec at the Insurer's rC(ILIC,9t will be paid as defense costs. Noovithstaricting the provisions of paragraph c.(2) of the Contractual Liability exclusion (as amended by this Endorsement), such payments will not be deemed to be damages for personal and advertising injury and will not reduce the limits OF insurance. D. This PERSONAL AND ADVERTISING INJURY - LIMITED CONTRACTUAL LIABILITY Provision does not apply if Coverage B —Personal and Advertising Injury Liability is excluded by another endorsement attached to this Coverage Part. 17. PROPERTY DAMAGE — ELEVATORS A. Under COVERAGES, Coverage A— Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended such that the Damage to Your Product Exclusion and subparagraphs (3), (4) and (6) of the Damage to Property Exclusion do not apply to property damage that results from the use Of elevators. B. Solely for• the purpose of the coverage provided by this PROPERTY DAMAGE — ELEVATORS Provision, the Other Insurance conditions is amended to add the following paragraph: This insurance is excess over any of the other insurance,,vtiether primary, excess, contingent or on any other basis that is property insurance covering property of others damaged from the use of elevators. 18. SUPPLEMENTARY PAYMENTS The section entitled SUPPLEMENTARY PAYMENTS — COVERAGES A AND B is amended as follows: A. Paragraph I.b. is amended to delete the S250 limit shown for the cost of bail bonds and replace it with -.1 $5,000. limit; asci B. paragraph 1.& is amended to delete the limit of '$2:50 shoNvii for daily loss of earnings and replace it with a Miscellaneous Attachment : 1v1495240 Certificate ID : 12813936 $1,000. limit. 19. PROPERTY DAMAGE - PATTERNS MOLDS AND DIES Linder COVERAGES, Coverage A, Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete subparagraphs (3) and (4) of the Exclusion entitled Damage to Property, but only with respect to patterns, molds or dies that are in the care, custody or control of the Insisted, and only if such patterns, molds or dies are not being used to perform operations at the tirne of loss. A limit of insurance of $25,000 per policy period applies to this PROPERTY DAMAGE - PATTERNS MOLDS AND DIES coverage, and this hinit: A. is included within the Genen-dAggregate Limit as described in LIMITS OF INSURANCE; and B. applies excess over any validand collectible Property insurance available to the Insured, including any deductible applicable to such insurance; the Other Insurance condition is changed accordingly. 20. UNINTENTIONAL FAILURE, TO DISCLOSE HAZARDS If the Named Insured unintentionally fails to clisclose all existing hazards at the inception date of the Named Insured's Coverage Part, the Insurer will not deny coverage under this Coverage Part because Of Such failure. 21. WAIVER OF SUBROGATION - BLANKET Under CONDITIONS, the condition entitled Transfer Of Rights Of Recovery Against Others To Us is amended to add the following. The insurer waives any right of recovery the Insurer may have against any person or organization because of payments the Insurer rroakes for ingury or damage arising Out elf: L the Named Insured's ongoing operations; or 2. your work included in the products -completed operations hazard, However, this waiver applies only when the Named Insured has agreed in writing to waive such rights of recovery in a written contract or written agreement, and only if such contract oragreement.: 1. is in effect or becornes effective during, the term of this, Coverage Part; and 2. was executed prior to the bodily injury, property darnage or personal and advertising injury giving rise to the claim. All other tetras ind conditions of the Policy remain unchanged. "I'lais endorsement, which forms part ofand is for attachment taxa the P011CY issued by the designated Insurers, takes effect on the effective date of said policy it the hour stated in said Policy, unless another effective date is shown below, and expires C011CUrrently with said Policy. Miscellaneous Attachment : N1495240 Certificate ID : 12813936 11 12e,v; e-dV CITY OF SANTA ANA OFFICE OF THE CITY ATTORNEY Certificate of Liability Insurance Cheddist for Contractor Policies Name of Contractor: Date Certificate of Liability Insurance Submitted:,, Permit No. Issued:—A Steps: (a) Obtain Copy of (Current) Contract; (b) Identify Insurance Paragraph in Contract; (c) Review Insurance Requirements Stated in the Contract and Compare with the Certificate of Insurance Submitted for Approval; and (d) Check -off Each Item Below During Your Review of the Submitted Certificate of Insurance: 1. Name and Address of a Producer 2. Name and/or Telephone Number for Producer Contact 3. Name and Address of Contractor V4 4, Name of the Insurance Company(ies) YJ 5. Boxes Checked Identifying the Type of Coverage s4i G. Additional Insured Box May be Checked and Separate Additional Insured Endorsement Form Must Be Attached (make sure the endorsement lists the insurance policy #) and Verify Primary Language on Acceptable Additional Insured Endorsement X 7. Policy Numb er and Check to Verify Insurance is Effective During Project Date ZD or Contract Tera.. �q S. Correct Coverage Dollar Amounts Listed DQ 9,. Project Description by Number or Location (if applicable) M 10. Name of City and Address K11, Insurer's Signature Required (not the contractor's signature) X4 12. To Approve, Write "Reviewed by [sign your name]" on Every Page of the Certificate of Insurance and all Endorsements and Write the Number of Pages (ex. 1/4 or 4/4) Contact the City Attorney's Office if you have any questions — Lisa Storck x 5207 9 11 DATE (MMM IYYYY) AC R" CERTIFICATE OF LIABILITY INSURANCE 3/19/21318 3/10/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,„ EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE, A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT. If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain pollckes 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 L,ockton InSUrance Brokers, LLC:' _NAME: .....— License 1101715767 PHONEAo E (AIC, No):.m.. 475 EXeCutiue SCILtare, Suite 600 E-MAIL (La 58)I587la -10003? ADDRESS: ... INSURER(S)„AFFORDING COVERAGE MAIC id IINSURERA. National Fire Insnran-c-c Co of Hartford, 20478 INSURED 31'5 Ci' -011p, file. _INSURER B Tlie Contnnenta0 Iiisuranc;e C'omlattiay _ 35289 1377909 7737 Kenamar Court INSURER D Indian Harbor- Insurance Corapart _ 36940 ........ San Diego CA 92121 INSURER D: rnTiclaAnC:Q TncrTana f T:DrICIrArG KIIIRAPFP— I1QI201r. Pr-%Il:filnN M11MRIPP. yy.'Xyyyy 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. (NSR ................ .. .......... FA661ISIJIBRf LTR : TYPE OF INSURANCE = IN. WVD POLICY EFF POLICY EXP' POLICY NUMBER MWDD1YYYY MMfDDJYYYY LIMITS ✓1 X COMMERCIAL GENERAL LIABILITY y N ] �I, 4034952.942 ' 3/19/2017 ' 3/19/'2018 EACH DCCURRENGE -_- S 1,000 0130 AMAGE I'D CLAIMS -MADE �.. OCCUR PREMISES Faocrlir�rence I z_ MED (SES rsrr � S 10100000 XP r�e '1) 4 _ PERSONAL & ADV _ 00 000 . GEN L AGGREGATE LIWT APPLIES PER: GENERALAGGREGATERY1,0'00,000 � t 1 I PRO .LOG POLflCY X JECT I- PRODUCTS' - COMPIOP AGG $ 1�OaCi� -- OTRE.R: 5 A AUTOMOBILE LIABILITY N N INGLE LIMIT 11BdiDe!lS 113011,000 X ANY AUTO, BODILY INJURY per person) 5 xxxxxx OWNED 1 ..... SCHEDULED 1 1 ) BODILY INJURY Per acadenl $ XXXXX.c`�;. AUTOS ONLY -- AUTOS HIRED NDN -OWNED ;.. PROPERTY DAMAGE S XXiX rr . AUTOS ONLY ' AUTOS ONLY (Per aceiden l7 X Call. $500 X CONT . S 1110 S vaxxx,X UMBRELLA LAB H XX OCCUR N N 1 40349S240349529903/10/:2017 3/191201 XEACH OCCURRENCE _ S 15 1,%Q'_�a 000 ....__—� - _- EXCESS LAB CLAtMS-MADE., — 1 AGGREGATE...S.._.15.000L000 „ ., .... - DED.._ RETENTIONS 10,000.! C �- $.�iXxxxxx WORKERS COMPENSATION � B AND EMPLOYERS' LIABJLITY cry X SPER TATUTE OTH- ( ) 3/19/2017 1 3/19/2014 .._ B YIN � N 1 A DEXECUTIVE � PRO RIFT E EXCLUDED? t �) 1==()� 11(r (AOS) ii I C�!?(117 ii 117/2(11 E.L EACH ACCIDENT G S �I0f) (j(�(� 1 �Y (Mandatory � E.L. DISEASE - EA EMPLOYEE( $ I ,C}N,O11CI 'If yes, desenhe onder DESCRIPTION OF OPERATIONS below '' '' 1 E.L.DISEASE - POLICY LIMIT S 1,000,000 C Tech L&0 -Nc¢%vCrlc l N '� N MTP0032003 7/19/20117 3/19/2018 Each Occ, 5.000,000; Privacy Media Agp . 5,000,000; Ded.: '100,000 DESCRIPTION. OF OPERATIONS J LOCATIONS ! VEHICLES IACORD 141.., Additional Remarks Schedule, may he attached if more space's required) Re: Enginee6ng; ofParkirap Meters. The. City ol'Sanla /wa, its officers- agents, wlwaeers, cnipluyces and representatives are nanied as ndditirn al insured, on s pilnTaryflTc I -cc iitl-ibaltc -y basis, as respects General L, ab'ilaly per attached. `ticpai,ation cif insureds a:pphes per policy frarm. 30 day cancellation nolicc applies per attaclled. If y 1'=0TIrIe'ATO= unI r1C'I? rAnlrFl I... ATInAI q— 1"�LL-1hriWite 128/3936 The City of Santa dna, its officers, agents, SHOULD ANY OF THE ABOVE (DESCRIBED POLICIES HE CANCELLED BEFORE Volunteers, C11T 10 eCti and reat'c entativc 1 THE EXPIRATION DATE THEREOF NOTICE WILL BE DELIVERED IN 20 Civic Centel' Plaza ACCORDANCE WITH THE POLICY PROVISIONS, Santa Ana CA 92701 AUT"O:1 REPRESENTATIVE (01'9W-2015 AGORA CORPCdt�1'P01UN. All rlgnts reserved. ACORD 25 (2011'6103) The ACORD name and logo are registered marks of ACORD 11111111 limill iiiii�iqi i , It is understood and agreed that; CC68021A (Ed. 02/13) If you have agreed under written contract to provrde notice of cancellation to a party to whom the Agent of Record has issued a Certificate of Insurance, and if we cancel a policy term described on that Certificate of Insurance for any reason other than nonpayment of premuum, then notice of cancellation will be provided to such Certficateholders at least 30 days in advance of the date cancellation is effective. If notice is mailed, then proof of mailing to the last known mailing address of the Certificateholder on file with the Agent of Record will be sufficient to prove notice. Any failure by us to notify such persons or organizations will not extend or invalidate such cancellation, or impose any liability or obligation upon us or the Agent of Record. Attachment Code: D495276 Certificatc ID: 12813936 CINA74872XX (1-15) CNA Technology General Liability Extension Endorsement It is understood and agreed that this endorsement amends the COMMERCIAL GENERAL LIABILITY COVERAGE PART as follows. If any other endorsement attached to this policy amends any provision also amended by this endorsement, then that other endorsement controls with respect to such provision, and the changes made by this endorsement with respect to such provision do not apply. TABLE OF CONTENTS 1. Additional Insureds 2. Additional Insured - Primary And Non -Contributory To Additional Insured's Insurance 3. Bodily Injury — Expanded Definition 4. Broad Knowledge of Occurrence/ Notice of Occurrence 5. Broad Named Insured 6. Estates, Legal Representatives and Spouses 7. Expected Or Intended Injury — Exception for Reasonable Force 8. In Rem Actions 9. Incidental Health Care Malpractice Coverage 10. Joint Ventures/Partnership/Limited Liability Companies 11. Legal Liability —Damage To Premises 12. Medical Payments 13. Non -owned Aircraft Coverage 14. Non -owned Watercraft 15. Personal And Advertising Injury — Discrimination or Humiliation 16. Personal And Advertising, Injury - Limited Contractual Liability 17. Property Damage - Elevators 18. Supplementary Payments 19. Property Damage — Patterns, Molds and Dies 20. Unintentional Failure To Disclose Hazards 21. Waiver of Subrogation — Blanket 1. ADDITIONAL INSUREDS a. WHO IS AN INSURED is amended to include as an Insured any person or organization described in paragraphs A. through K. below whom a Named Insured is required to add as an additional insured on this Coverage Part under a written contract or written agreement, provided such contract or agreement: (1) is currently in effect or becomes effective during the term of this Coverage Part; and (2) was executed prior to: (a) the bodily injury or property damage; or (b) the offense that caused the personal and advertising injury, for which such additional insured seeks coverage. b. However, subject always to the terms and conditions of this policy, including the limits of insurance, the Insurer will not provide such additional insured with: (1) a higher limit of insurance than required by such contract or agreement; or (2) coverage broader than required by such contract or agreement, and in no event broader than that described by the applicable paragraph A. through K. below. Attachment Code: D530456 Cenificate ID: 12813936 10w; UA -0, I bv Z �e' 49ZV 3/1,y �f_ Any coverage granted by this endorsement shall apply only to the extent permissible by law. b. However, subject always to the terms and conditions of this policy, including the limits of insurance, the Insurer will not provide such additional insured with: (1:) a higher limit of insurance than required by such contract or agreement; or (2) coverage broader than required by such contract or agreement, and in no event broader than that described by the applicable paragraph A. through K. below. Any coverage granted by this endorsement shall apply only to the extent permissible by law. B. Co-owner of Insured Premises A co-owner of a premises co -owned by a Named Insured and covered under this insurance but only with respect to such co -owner's liability for bodily injury, property damage or personal and advertising injury as co-owner of such premises. C. Grantor of Franchise Any person or organization that has granted a franchise to a Named Insured, but only with respect to such person or organization's liability for bodily injury, property damage or personal and advertising injury as grantor of a franchise to the Named Insured. D. Lessor of Equipment Any person or organization from whom a Named Insured leases equipment, but only with respect to liability for bodily injury, property damage or personal and advertising injury caused, in whole or in part, by the Named Insured's maintenance, operation or use of such equipment, provided that the occurrence giving rise to such bodily injury, property damage or the offense giving rise to such personal and advertising injury takes place prior to the termination of such lease. Any person or organization from whom a Named Insured leases land but only with respect to liability for bodily injury, property damage or personal and advertising, injury arising out of the ownership, maintenance or use of such land, provided that the occurrence giving rise to such bodily injury, property damage or the offense giving rise to such personal and advertising injury takes place prior to the termination of such lease. The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, an behalf of, or for such additional insured. F. Lessor of Premises An owner or lessor of premises leased to the Named Insured, or such owner or lessor's real estate manager, but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of the ownership, maintenance or use of such part of the premises leased to the Named Insured, and provided that the occurrence giving rise to such bodily injury or property damage, or the offense giving rise to such personal and advertising injury, takes place prior to the termination of such lease. The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured. G. Mortgagee, Assignee or Receiver Attachment Code: D530456 Certificate TD: 12813936 A mortgagee, assignee or receiver of premises but only with respect to such mortgagee, assignee or receiver's liability for bodily injury, property damage or personal and advertising injury arising out of the Named Insured's ownership, maintenance, or use of a premises by a Named Insured. The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured. H. State or Governmental Agency or Subdivision or Political Subdivisions — Permits A state or governmental agency or subdivision or political subdivision that has issued a permit or authorization but only with respect to such state or governmental agency or subdivision or political subdivision's liability for bodily injury, property damage or personal and advertising injury arising out of: 1, the following hazards in connection with premises a Named Insured owns, rents, or controls and to which this insurance applies: a. the existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners, or decorations and similar exposures; or b. the construction, erection, or removal of elevators; or c. the ownership, maintenance or use of any elevators covered by this insurance; or 2. the permitted or authorized operations performed by a Named Insured or on a Named Insured's behalf. The, coverage granted by this paragraph does not apply to: a. Bodily injury, property damage or personal and advertising injury arising out of operations, performed for the state or governmental agency or subdivision or political subdivision; or I . F1 Tr &ro�veri 1 21112,be NIT ff fpTUff-9-7*Vd-f aE F14ff M hazard. With respect to this provision's requirement that additional insured status must be requested under a written contract or agreement, the Insurer will treat as a written contract any governmental permit that requires the Named Insured to add the governmental entity as an additional insured. 1. Trade Show Event Lessor 1. With respect to a Named Insured's participation in a trade show event as an exhibitor, presenter or displayer, any person or organization whom, the Named Insured is required to include as an additional insured, but only with respect to such person or organization's liability for bodily injury, property damage or personal and advertising injury caused by: a. the Named Insured's acts or omissions; or b. the acts or omissions of those acting on the Named Insured's behalf, in the performance Of the Named Insured's ongoing operations at the trade show event premises during the trade show event, 2. The coverage granted by this paragraph does not apply to bodily injury or property damage included within the products -completed operations hazard. AVO 6,&vJ 4Y Attachment Code: D530456 Ceytific,ite ID: 128 13936 RAIRM Any person or organization but only with respect to such person or organization's liability for bodily injury or property damage arising out of your products which are distributed or sold in the regular course of such person or organization's business, provided that: 1. The coverage granted by this paragraph does not apply to: a. bodily injury or property damage for which such person or organization is obligated to pay damages by reason of the assumption of liability in a contract or agreement unless such liability exists in the absence of the contract or agreement; b. any express warranty unauthorized by the Named Insured; c. any physical or chemical change in any product made intentionally by such person or organization-, d. repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; e. any failure to make any inspections, adjustments, tests or servicing that such person or organization 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; f. demonstration, installation, servicing or repair operations, except such operations performed at such person or organization's premises in connection with the sale of a product; g. products which, after distribution or sale by the Named Insured, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for such person or organization; or h. bodily injury or property damage arising out of the sole negligence of such person or organization 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 Subparagraphs d. orf. above; or (2) such inspections, adjustments, tests or servicing as such person or organization has agreed with the Named Insured to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. 2, This Paragraph J. does not apply to any insured person or organization, from whom the Named Insured has acquired such products, nor to any ingredient, part or container, entering into, accompanying or containing such products. 3. This Paragraph J. also does not apply: a. to any vendor specifically scheduled as an additional insured by endorsement to this Coverage Part; b. to any of your products for which coverage is excluded by endorsement to this Coverage Part; nor 4 Attachment Cocle: D530456 Certificate ID: 12813936 611P c. if bodily injury or property damage included within the products -completed operations hazard is excluded by endorsement to this Coverage Part. K. Other Person Or Organization I Your Work Any person or organization who is not an additional insured under Paragraphs A. through J. above. Such additional insured is an Insured solely for bodily injury, property damage or personal and advertising injury for which such additional insured is liable because of the Named Insured's acts or omissions. The coverage granted by this paragraph does not apply to any person or organization 1. who is specifically scheduled as an additional insured on another endorsement to this Coverage Part; nor 2. for bodily injury or property damage included within the products -completed operations hazard except to the extent all of the following apply: a. this Coverage Part provides such coverage; b. the written contract or agreement described in the opening paragraph of this ADDITIONAL INSUREDS Provision requires the Named Insured to provide the additional insured such coverage; and c. the bodily injury or property damage results from your work that is the subject of the written contract or agreement, and such work has not been excluded by endorsement to this Coverage Part. A. The Other Insurance Condition in the COMMERCIAL GENERAL LIABILITY CONDITIONS Section is amended to add the following paragraph: If the Named Insured has agreed in writing in a contract or agreement that this insurance is primary and non-contributory relative to an additional insured's own insurance, then this insurance is primary, and the Insurer will not seek contribution from that other insurance. For the purpose of this Provision 2., the additional insured's own insurance means insurance on which the additional insured is a named insured. B. With respect to persons or organizations that qualify as additional insureds pursuant to paragraph I X. of this endorsement, the following sentence is added to the paragraph above: Otherwise, and notwithstanding anything to the contrary elsewhere in this Condition, the insurance provided to such, person or organization is excess of any other insurance available to such person or organization. KX*0111 I WA ff9111kVAff*1T* "M "B"I r1X;VZ weril I Under DEFINITIONS, the definition of bodily injury is deleted and replaced by the following: Bodily injury means physical injury, sickness or disease sustained by a person, including death, humiliation, shock, mental anguish or mental injury sustained by that person at any time which results as a consequence of the physical injury, sickness or disease. of ,4 BROAD KNOWLEDGE OF OCCURRENCE/ NOTICE OF OCCURRENCE Attachment Code: D530456 Certificate ID: 12k13936 to Under CONDITIONS, the condition entitled Duties in The Event of Occurrence, Offense, Claim or Suit Condition is amended to add the following provisions: The Named Insured must give the Insurer or the Insurer's authorized representative notice of an occurrence, offense or claim only when the occurrence, offense or claim is known to a natural person Named Insured, to a partner, executive officer, manager or member of a Named Insured, or to an employee designated by any of the above to give such notice. The Named Insured's rights under this Coverage Part will not be prejudiced if the Named Insured fails to give the Insurer notice of an occurrence, offense or claim and that failure is solely due to the Named Insured's reasonable belief that the bodily injury or property damage is not covered under this Coverage Part. However, the Named Insured shall give written notice of such occurrence, offense or claim to the Insurer as soon as the Named Insured is aware that this insurance may apply to such occurrence, offense or claim. WHO IS AN INSURED is amended to delete its Paragraph 3. in its entirety and replace it with the following: 3. Pursuant to the limftations described in Paragraph 4. below, any organization in which a Named Insured has management control: a. on the effective date of this Coverage Part; or b. by reason of a Named Insured creating or acquiring the organization during the policy period, quafifies, as a Named Insured, provided that there is no other similar liability insurance, whether primary, contributory, excess, contingent or otherwise, which provides coverage to such organization, or which would have provided coverage but for the exhaustion of its limit, and without regard to whether its coverage is broader or narrower than that provided by this insurance. But this BROAD NAMED INSURED, provision does not apply to: (a) any partnership or joint venture; or (b) any organization for which coverage is excluded by another endorsement attached to this Coverage Part. For the purpose of this provision, and of this endorsement's JOINT VENTURES i PARTNERSHIP LIMITED LIABILITY COMPANIES provision, management control means: A. owning interests representing more than 50% of the voting, appointment or designation power for the selection of a majority of the Board of Directors of a corporation, or the members of the management board of a limited liability company,- or B. having the right, pursuant to a written trust agreement, to protect, control the use of, encumber or transfer or sell property held by a trust. 4y Attachment Code: D530456 Certificate ID: 12813936 4. With respect to organizations which qualify as Named Insureds by virtue of Paragraph 3. above, this insurance does not apply to: a. bodily injury or property damage that first occurred prior to the date of management control, or that first occurs after management control ceases; nor b. personal or advertising injury caused by an offense that first occurred prior to the date of management control or that first occurs after management control ceases. 5. The insurance provided by this Coverage Part applies to Named Insureds when trading under their own names or under such other trading names or doing -business -as names (dba) as any Named Insuredshould choose to employ. 6. ESTATES, LEGAL REPRESENTATIVES, AND SPOUSES The estates, heirs, legal representatives and spouses of any natural person Insured shall also be insured under this policy; provided, however, coverage is afforded to such estates, heirs, legal representatives, and spouses only for claims arising solely out of their capacity or status as such and, in the case of a spouse, where such claim seeks damages from marital community property, jointly held property or property transferred from such natural person Insured to such spouse. No coverage is provided for any act, error or omission of an estate, heir, legal representative, or spouse outside the scope of such person's capacity or status as such, provided however that the spouse of a natural person Named Insured and the spouses of members or partners of joint venture or partnership Named Insureds are Insureds with respect to such spouses' acts, errors or omissions in the conduct of the Named Insured's business. rM WA =[" I :lox$] ZA R111 1:40 1101 Under COVERAGES, Coverage A— Bodily Injury And Property Damage Liability, the paragraph entitled Exclusions is amended to delete the exclusion entitled Expected or Intended Injury and replace it with the following: This insurance does not apply to: Expected or Intended Injury Bodily injury or property damage expected or intended from the standpoint of the Insured. This exclusion does not apply to bodily injury or property damage resulting from the use of reasonable force to protect persons or property. 8. IN REM ACTIONS A quasi in rein action against any vessel owned or operated by or for the Named Insured, or chartered by or for the Named Insured, will be treated in the same manner as though the action were ill pe,(Sol3a/77 against the Named Insured. 9. INCIDENTAL HEALTH CARE MALPRACTICE COVERAGE Solely with respect to bodily injury that arises out of a health care incident: A. Under COVERAGES, Coverage A— Bodily Injury And Property Damage Liability, the Insuring Agreement is amended to replace Paragraphs 1.b.(1) and I.b.(2) with the following: b. This insurance applies to bodily injury provided that the professional health care services are incidental I to the Named Insured's primary business purpose, and only if: eA/1 0evve) Attachment Code: D530456 Certificate ID: 12813936 (1) such bodily injury is caused by an occurrence that takes place in the coverage territory. (2) the bodily inj,ury first occurs during the policy period. All bodily injury arising from an occurrence will be deemed to have occurred at the time of the first act, error, or omission that is part of the occurrence; and B. Under COVERAGES, Coverage A — Bodily Injury And Property Damage Liability, the paragraph entitled Exclusions is amended to: L add the following to the Employers Liability exclusion: This exclusion applies only if the bodily injury aris"ung from a health care incident is covered by other liability insurance available to the Insured (or which would have been available but for exhaustion of its limits). ii. delete the exclusion entitled Contractual Liability and replace it with the following: This insurance does not apply to: Contractual Liability the Insured's actual or alleged liability under any oral or written contract or agreement, including but not limited to express warranties or guarantees, ilii. add the following additional exclusions. This insurance does not apply to: � r a �W 0 IT, any actual or alleged discrimination, humiliation or harassment, that includes but shall, not be limited to claims based on an individual's race, creed, color, age, gender, national: origin, religion, disability, marital status or sexual orientation. Dishonesty or Crime Any actual or alleged dishonest, criminal or malicious act, error or omission. Medicaire/Medicaid Fraud any actual or alleged violation of law with respect to Medicare, Medicaid, Tricare or any similar federal, state or local governmental program. Services Excluded by Endorsement Any health care incident for which coverage is excluded by endorsement. C. DEFINITIONS is amended to: 1. add the following definitions: Health care incident means an act, error or omission by the Named insured's employees or Attachment Code: D530456 Certificate ID: 128 13936 volunteer workers in the rendering of: a. professional health care services on behalf of the Named Insured or b. Good Samaritan services rendered in an emergency and for which no payment is demanded or received. Professional health care services means any health care services or the related furnishing of food, beverages, medical supplies or appliances by the following providers in their capacity as such but solely to the extent they are duly licensed as required: a. Physician; b. Nurse; c. Nurse practitioner; d. Emergency medical technic¢an-1 e. Paramedic; f. Dentist; g. Physical therapist; h. Psychologist; 1. Speech therapist-, j. Other allied health professional-, or Professional health care services does not include any services rendered in connection with human clinical trials or product testing. H. delete the definition of occurrence and replace it with the following: Occurrence means a health care incident. All acts, errors or omissions that are logically connected by any common fact, circumstance, situation, transaction, event, advice or decision will be considered to constitute a single occurrence; iii, amend the definition of Insured to: a. add the foflowing: - the Named Insured's employees are Insureds with respect to: (1) bodily injury to a co -employee while in the course of the co -employee's employment by the Named Insured or while performing duties related to the conduct of the Named Insured's business; and Poview,,d 4,Y Attachment Code: D530456 Certificate ID: 12813936 F/ (2) bodily injury to a volunteer worker while performing duties related to the conduct of the Named Insured's business; when such bodily injury arises out of a health care incident. - the Named Insured's volunteer workers are Insureds with respect to, (1) bodily injury to a co -volunteer worker while performing duties related to the conduct of the Named Insured's business; and (2) bodily injury to an employee while in the course of the employee's employment by the Named Insured or while performing duties related to the conduct of the Named Insured's business; when such bodily injury arises out of a health care incident. b. delete Subparagraphs (a), (b)l, (c) and (d) of Paragraph 2.a.(1) of WHO IS AN INSURED. c. add the following: Insured does not include any physician while acting in his or her capacity as such. D. The Other Insurance condition is amended to delete Paragraph b.(1) in its entirety and replace it with the foHowing: Other Insurance b. Excess Insurance (1) To the extent this insurance applies, it is excess over any other insurance, self insurance or risk transfer instrument, whether primary, excess, contingent or on any other basis, except for insurance purchased specifically by the Named Insured to be excess of this coverage. 10. JOINT VENTURES / PARTNERSHIP/ LIMITED LIABILITY COMPANIES WHO IS AN INSURED is .amended to delete its last paragraph and replace it with the following: No person or organization is an Insured with respect to: - the conduct of any current or past partnership or joint venture that is not shown as a Named Insured in the Declarations; nor - the conduct of a current or past limited liability company in which a Named Insured's interest does/did not rise to the level of management control; except that if the Named Insured was a joint venturer, partner, or member of such a limited liability company, and such joint venture, partnership or limited liability company terminated prior to or during the policy period, then such Named Insured is an Insured with respect to its interest in such joint venture, partnership or limited liability company but only to the extent that: a. any offense giving rise to personal and advertising injury occurred prior to such termination date RI'Ve"I'vW Attachment Code: D530456 Certificate ID: 12813936 and the personal and advertising injury arising out of such offense, first occurred after such termination date; b. the bodily injury or property damage first occurred after such termination date; and c. there is no other valid and collectible insurance purchased specifically to insure the partnership, joint venture or limited liability company. 11. LEGAL LIABILITY — DAMAGE TO PREMISES A. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions 'is amended to delete the first paragraph immediately following subparagraph (6) of the Damage to Property exclusion and replace it with the following: Paragraphs (1), (3) and (4) of this exclusion do not apply to property damage (other than damage by fire) to premises rented to the Named Insured or temporarily occupied by the Named Insured with the permission of the owner, nor to the contents of premises rented to the Named Insured for a period of 7 or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in LIMITS OF INSURANCE. B. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete its last paragraph and replace it with the following: Exclusions c. through n. do not apply to damage by fire to premises while rented to a Named Insured or temporarily occupied by a Named Insured with permission of the owner, nor to damage to the contents of premises rented to a Named Insured for a period of 7 or fewer consecutive days. A separate limit of insurance applies to this coverage as described in the LIMITS OF INSURANCE Section. C. LIMITS OF INSURANCE is amended to delete Paragraph 6. (the Damage To Premises Rented To You Limit) and replace it with the following: 6. Subject to Paragraph 5. above, (the Each Occurrence Limit), the Damage To Premises Rented To You Limit is the most the Insurer will pay under COVERAGE A for damages because of property damage to: a. any one premises white rented to a Named Insured or temporarily occupied by a Named Insured with the permission of the owner; and b. contents of such premises if the premises is rented to the Named Insured for a period of 7 or fewer consecutive days, The Damage To Premises Rented To You Limit is $500,000. unless a different Damage to Premises Rented to You Limit is shown in the Declarations. D. The Other Insurance Condition is amended to delete Paragraph b.(1)(a)(ii), and replace it with the following: (H) That is property insurance for premises rented to a Named Insured, for premises temporarily 4y Attachment Code. D530456 Certificate ID: 12813936 41) occupied by the Named Insured with the permission of the owner; or for personal property of others in the Named Insured's care, custody or control; E. This Provision 11. does not apply if liability for damage to premises rented to a Named Insured is excluded by another endorsement attached to this Coverage Part. 12. MEDICAL PAYMENTS A. LIMITS OF INSURANCE is amended to delete Paragraph 7. (the Medical Expense Limit) and replace it with the following: 7. Subject to Paragraph 5. above (the Each Occurrence Limit), the Medical Expense Limit is the most the Insurer will pay under Coverage C — Medical Payments for all medical expenses because of bodily injury sustained by any one person, The Medical Expense Limit is the greater of: (1) $15,000 unless a different amount is shown here: @@@@@@@@@@@@@@; or (2) the amount shown in the Declarations for Medical Expense Limit. B. Under COVERAGES, the Insuring Agreement of Coverage C — Medical Payments is amended to replace Paragraph 1.a.(3)(b) with the following: (b) The expenses are incurred and reported to the Insurer within three years of the date of the accident; and This Paragraph B. does not apply to medical expenses incurred in the state of Missouri. 13. NON -OWNED AIRCRAFT Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended as follows: The exclusion entitled Aircraft, Auto, or Watercraft is amended to add the following: This exclusion does not apply to an aircraft not owned by any Named Insured, provided that 1. the pilot in command holds a currently effective certificate issued by the duly constituted authority of the United States of America or Canada, designating that person as a commercial or airline transport pilot; 2. the aircraft is rented with a trained, paid crew to the Named Insured; and 3. the aircraft is not being used to carry persons or property for a charge. 14. NON -OWNED WATERCRAFT Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete subparagraph (2) of the exclusion entitled Aircraft, Auto or Watercraft, and replace it with the following. This exclusion does not apply to: (2) a watercraft that is not owned by any Named Insured, provided the watercraft is: Attachment Code: 1 530456 Certificate ID: 12813936 k1l.0 /a 411fil, (a) less than 75 feet iong; and (b) not being used to carry persons or property for a charge. I Llyd Eel hq I A. Under DEFINITIONS, the definition of personal and advertising injury is amended to add the following tort: - Discrimination or humiliation that results in injury to the feelings or reputation of a natural person. B. Under COVERAGES, Coverage B — Personal and Advertising Injury Liability, the paragraph entitled Exclusions is amended to: 1. delete the Exclusion entitled Knowing Violation Of Rights Of Another and replace it with the following: This insurance does not apply to: Knowing Violation of Rights of Another Personal and advertising injury caused by or at the direction of the Insured with the knowledge that the act would violate the rights of another and would inflict personal andi advertising injury. This exclusion shall not apply to discrimination or humiliation that results in injury to the feelings or reputation of a natural person, but only if such discrimination or humiliation is not done intentionally by or at the direction of: (a) the Named Insured; or (b) any executive officer, director, stockholder, partner, member or manager (if the Named Insured is a limited liability company) of the Named Insured. 2. add the following exclusions: This insurance does not apply to: Employment Related Discrimination Discrimination or humiliation directiy or indirectly related to the employment, prospective employment, past employment or termination of employment of any person by any Insured. Premises Related Discrimination discrimination or humiliation arising out of the sale, rental, lease or sub -lease or prospective sale, rental, lease or sub -lease of any room, dwelling or premises by or at the direction of any Insured. Notwithstanding the above, there is no coverage for fines or penalties levied or imposed by a governmental entity because of discrimination. The coverage provided by this PERSONAL AND ADVERTISING INJURY —DISCRIMINATION OR HUMILIATION Provision does not apply to any person or organization whose status as an insured derives solely from Z� Attachment Code: D530456 ir Certificate ID: 128l3936 Provision 1. ADDITIONAL INSURED of this endorsement; or attachment of an additional insured endorsement to this Coverage Part. 16. PERSONAL AND ADVERTISING INJURY - LIMITED CONTRACTUAL LIABILITY A. Under COVERAGES, Coverage B —Personal and Advertising Injury Liability, the paragraph entitled Exclusions is amended to delete the exclusion entitled Contractual Liability and replace it with the following: This insurance does not apply to: Contractual Liability Personal and advertising injury for which the Insured has assumed liability in a contract or agreement. This exclusion does not apply to liability for damages: (1) that the Insured would have in the absence of the contract or agreement; or (2) assumed in a contract or agreement that is an insured contract provided the offense that caused such personal or advertising injury first occurred subsequent to the execution of such insured contract. Solely for the purpose of liability assumed in an insured contract, reasonable attorney fees and necessary litigation expenses incurred by or for a party other than an Insured are deemed to be damages because of personal and advertising injury provided: (a) liability to such party for, or for the cost of, that party's defense has also been assumed in such insured contract; and (b) such attorney fees and litigation expenses are for defense of such party against a civil or alternative dispute resolution proceeding un which covered damages are alleged. B. Solely for the purpose of the coverage provided by this paragraph, DEFINITIONS is amended to delete the definition of insured contract in its entirety, and replace it with the following: Insured contract means that part of a written contract or written agreement pertaining to the Named Insured's business under which the Named Insured assumes the tort liabifity of another party to pay for personal or advertising injury arising out of the offense of false arrest, detention or imprisonment. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. C. Solely for the purpose of the coverage provided by this paragraph, the following changes are made to the Section entitled SUPPLEMENTARY PAYMENTS — COVERAGES A AND B: 1. Paragraph 2.d. is replaced by the following: d. The allegations in the suit and the information the Insurer knows about the offense alleged in such suit are such that no conflict appears to exist between the interests of the Insured and the interests 4:s of the indemnitee; Attachment Code: D530456 Certificate TD: 12813936 Ilk 2. The first unnumbered paragraph beneath Paragraph 2.f.(2)(b) is deieted and replaced by the following: So long as the above conditions are met, attorneys fees incurred by the insurer in the defense of that indemnitee, necessary litigation expenses incurred by the Insurer, and necessary litigation expenses incurred by the indemnitee at the Insurer's request will be paid as defense costs. Notwithstanding the provisions of Paragraph e.(2) of the Contractual Liability exclusion (as amended by this Endorsement), such payments will not be deemed to be damages for personal and advertising injury and will not reduce the limits of insurance. D. This PERSONAL AND ADVERTISING INJURY - LIMITED CONTRACTUAL LIABILITY Provision does not apply if Coverage B -Personal and Advertising Injury Liability is excluded by another endorsement attached to this Coverage Part. ._el a-4.14 Wd IYA kylvillei ms 4 RATI-All CORR A. Under COVERAGES, Coverage A- Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended such that the Damage to Your Product Exclusion and subparagraphs (3), (4) and (6) of the, Damage to Property Exclusion do not apply to property damage that results from the use of elevators. B. Solely for the purpose of the coverage provided by this PROPERTY DAMAGE - ELEVATORS Provision, the Other Insurance conditions is amended to add the following: paragraph: This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis that is Property insurance covering property of others damaged from the use of etevators. 18. SUPPLEMENTARY PAYMENTS The section entitled SUPPLEMENTARY PAYMENTS - COVERAGES A AND B is amended as follows: A. Paragraph 1.b. is amended to delete the $250 limit shown for the cost of bail bonds and replace it with a $5,000. limit; and B. Paragraph 1.d. is amended to delete the limit of $250 shown for daily loss of earnings and replace it with a $1,000. limit. Under COVERAGES, Coverage A - Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete subparagraphs, (3) and (4) of the Exclusion entitled Damage to Property, but only with respect to patterns, molds or dies that are in the care, custody or control of the Insured, and only if such patterns, molds or dies are not being used to perform operations at the time of loss. A limit of insurance of $25,000 per policy period applies to this PROPERTY DAMAGE - PATTERNS MOLDS AND DIES coverage, and this limit: A. is included within the General Aggregate Limit as described in LIMITS OF INSURANCE; and 12-L Attachment Code: D530456 Certificate ID: 12813936 B. applies excess over any valid and collectible property insurance available to the Insured, including any deductible applicable to such insurance; the Other Insurance condition is changed accordingly. If the Named Insured unintentionally fails to disclose all existing hazards at the inception date of the Named Insured's Coverage Part, the Insurer will not deny coverage under this Coverage Part because of such failure, 21. WAIVER OF SUBROGATION - BLANKET Under CONDITIONS, the condition entitled Transfer Of' Rights Of Recovery Against Others To Us is amended to add the following: The Insurer waives any right of recovery the Insurer may have against any person or organization because of payments the Insurer makes for injury or damage arising out of: 1. the Named Insured's ongoing operations; or 2. your work included in the products -completed operations hazard. However, this waiver applies only when the Named Insured has agreed in writing to waive such rights of recovery in a written contract or written agreement, and only if such contract or agreement: 1. is in effect or becomes effective during the term of this Coverage Part; and 2. was executed prior to the bodily injury, property damage or personal and advertising injury giving rise to the claim. All other terms and conditions of the Policy remain unchanged. This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. P) ION/ 11 Attachment Code: D530456 C,ertificatL ID: 12813936 /,Y I(Ile