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HomeMy WebLinkAboutA1 PARTY RENTAL - 2014City of Santa Ana Clerk of the Council AGREEMENT TERMINATION FORM 703 'W� core Please complete this form when the attached agreement and al{ amendments (if any) are no longer in effect. Return form to the Clerk of the Council Office (tut -30). Call 647 -652G if you have any questions. j The agreement with0.1 Only No. Pr- l 4— D&I was completed on i and final payment has been made. (List all amendments. Use space below if needed.) Department: A? e�'iar Phone /Ext.' Signaiure: ���.t_ i�C �' stdCk/0 Date: 61 Iv<- 1L4 c� A- 2014 -081 INSURANCE ON PIt,4'' WORK MAY PROCEED UNTIL INSURANCE EXPIRES a -I —ra !)ATE: THIS AGREEMENT, made and entered into this 19t day of April, 2014 by and between Al Party Rental (hereinafter "Contractor "), and the City of Santa Ana, a charter city and municipal corporation (hereinafter "City"). RECITALS A. The City desires to retain a contractor having special skill and knowledge in the field of providing, installing, maintaining, and removing rental equipment for spacial events such as the Cinco de Mayo event that the City is hosting ( "Event "), B. Contractor represents that Contractor is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in this field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terns and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Contractor shall provide, install, set -up, maintain and remove rental equipment at 4`I' Street and 5i11 Street and Broadway Avenue for the Event. Equipment to be, provided by Contractor includes, but is not limited to: vendor booths, food booths, canopies, draperies„ lights, walls, sand bags, trash cans, fans, coolers, sinks, fences, restrooms, tables, chairs, generators, stages and a backstage area with furniture, as set forth in Exhibit A to this Agreement (the `Equipment "). City may request additional equipment or services during the term of this Agreement. Said request shall be made in writing, executed by the Executive Director to the Contractor, detailing the additional equipment /services to he provided and requiring an estimate from Contractor as to the cost of such additional equilmzent /services. Contractor shall deliver the Equipment on Friday, May 2, 2014, and set up by 7:00 AM Saturday, May 3, 2014. Contractor will clean up and remove the Equipment Sunday evening and have it completely removed and cleaned up by 6:OOAM, Monday, May 5, 2014. 2. COMPENSATION a. City agrees to pay, and Contractor agrees to accept as total payment for its services, the rates and charges identified in Exhibit A. The contract award for such services pursuant to the Contractor's Proposal shall not exceed Forty Two Thousand Eight Hundred Ninety Dollars and Sixty Cents ($42,890.60). This includes a ten percent (10 %) contingency for additional equipment/services as estimated by Contractor and approved by the Executive Director in writing as set forth in Section 1, above. b. Payment shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. This Agreement shall commence on the date first written above and terminate on May 31, 2014, unless terminated earlier in accordance with Section 12, below. The term of this Agreement may be extended upon a writing executed by the City Manager and the City Attorney. 4. INDEPENDENT CONTRACTOR Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer- employee relationship, ajoint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services, Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes, 5. INSURANCE Prior to undertaking performance of work under this Agreement, Contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Contractor shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Contractor's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence. Contractor shall supply City with a fully executed additional insured endorsement in substantially the form attached hereto as Exhibit B upon execution of this Agreement and shall be approved in form by the City Attorney. b, 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. c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Contractor, if Contractor has any employees, is required to be insured against liability for worker's compensation or to undertake self - insurance. Prior to commencing the performance of the work under this Agreement, Contractor agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. The following requirements apply to the insurance to be provided by Contractor pursuant to this section; (i) Contractor shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. e. If Contractor fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not effect Contractor's right to be paid for its time and materials expended prior to notification of termination. Contractor waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 6. INDEMNIFICATION Contractor agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including health, and claims for property damage, which may arise from the direct or indirect operations of the Contractor or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section I of this Agreement. The Contractor further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and /or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. 8. CONFLICT OF INTEREST CLAUSE Contractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement, 9. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the Council City of Santa Ana 20 Civic Center Plaza (M -30) P.O. Box 1988 Santa Ana, CA 92702 -1988 Telefacsimile (714) 647 -6956 With copies to: and Parks, Recreation and Community Services Agency City of Santa Ana 20 Civic Center Plaza (M -23) P.O. Box 1988 Santa Ana, California 92702 Telefacsimile (714) 5714221 City Attorney City of Santa Ana 20 Civic Center Plaza (M -29) P.O. Box 1988 Santa Ana, California 92702 Telefacsimile (714) 647 -6515 To Contractor: Al Party Rentals 251 E. Front Street Covina, California 91723 Phone: (866) 217 -2789/ FAX: (626) 967 -7572 A party may change its address by giving notice in writing to the other party. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, communication shall be effective or deemed to have been given twenty -four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For proposes of calculating these time frames, weekends, federal, state, Coimty or City holidays shall be excluded. 10. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 11. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City, 12. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination. 13. DISCRIMINATION Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 15. PROFESSIONAL LICENSES Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City invmediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions, Said inability shall be cause for tennination of this Agreement. 16. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement, IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Maria D. Flitizw 6�) Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney Lisa Tfurck Assistant City Attorney CITY OF SANTA AN David Cavazos City Manager CONTRACTOR: Al Party Rentals Name: MAtv7;"e2- Title: vtc� 0,11 Tax ID# AM - 'VI'l 3 5 Z 7- Status: Contract #: R[]PARTY Reservation 9518 CELEBRATF WITH STYLE Event Beg: Fri 5/ 2/2014 8:OOPM 259 E FRONT STREET P 866 217 2789 Event End: Sun 5/4/2014 8:OOPM COVINA, CA 91723 A'IPARTYRENTAL.00M F 626.867.7572 Operator: Herrera, Valerie CITY OF SANTA ANA PARKS & REC 714. 571.4258 Phone Job Descr: SANTA ANA MAY EVENT Ordered By:. Salesman: RENE MARTINEZ Delivery and Pickup Delivery : Fri 5/ 2/2014 8:OOPM Contact: MIKE MCCOY Pickup Date: Sun 514/2014 8:OOPM Phone: Location: SANTA ANA Used at Address: 4TH & 5TH ON BRAODWAY ; SANTA ANA, CA 92707 Delivery Notes: DELIVERY: FRIDAY 5/2 8PM MUST BE READY BY 7AM PICK UP: SUN 5/4 BE THERE AT 8PM NOTE: NEED TO TAKE THE MULE - CUSTOMER IS RESPONSIBLE FOR ALL NECCESSARY PERMITS REQUIRED FOR CANOPIES AND ELECTRICAL. CUSTOMER IS RESPONSIBLE FOR ALL SAFETY PACKAGES, _ Qty . Items Rented Each Price VENDOR BOOTHS 17- CANOPY 10X10'PAGODA GRE/WHT'. $75.00 - .$1275:00 >>> 17. 10'X 10 X 8' GREEN & WHITE PAGODAS <<< 17 CANOPY, 10X10'PAGODA RED /WHT $75.00 $1,275.00 >>> 17- 10'X 10'X 8' RED & WHITE PAGODAS<<< 16 CANOPY,: 10X70'PAGODA WHT $7500 ':- `. $1,200.00 >>> 16 -10' X10 WHITE PAGODAS <c< MUST BE INSTALLED ON LEVEL GROUND, 200 CANOPY, BASE STEEL $0.00 $0.00 35 SIDEWALL,:8X10'WHITE $500 - $175.00 1 SIDEWALL, 8'X20'WHITE $3960 $39.60 BOOTH #27 1 SIDEWALL; 8X10' WHITE $19.80 ! -. $19.80 BOOTH #27 1 SIDEWALL, 8'X10' CLEAR WINDOW $33.00 $33.00 BOOTH #27 60 TABLE, 8'X 30' $870 $522.00 MUST BE INSTALLED ON LEVEL GROUND 120 CHAIR, SAMS IVORY $1.05 $126.00 MUST BE INSTALLED ON LEVEL GROUND. 9000 ALL CHAIRS & TABLES MUST BE STACKED IN THE SAME AREA 9001 AS DELIVERED TO AVOID ADDITIONAL CHARGES CHAIR WEIGHT LIMIT IS 250LBS 30 LIGHT 200WQRTS $9.50 ' $285.00 75 LIGHT, STRING FESTIVAL YELLOW $7.50 $562.50 15 -- STRINGS 10 ELEC CORD 50' $0.01) $0.00 15 GREEN CORDS $0.00 $0.00 FOOD BOOTHS 8 CANOPY, 10'X10'PAGODA WHIT $75.00 $600.00 »> 8 -- 10'X 10'X 8' <<< MUST BE INSTALLED ON LEVEL GROUND. 8 CANOPY,'10'X10WHITE REGULAR $7500 : '. $800.00 >>> 8 -:10'X 101X 8' z« MUST BE INSTALLED ON LEVEL. GROUND 80 CANOPY, BASE STEEL $0.00 $0.00 80 FENCE,PICKETTX8'WHITE $1000 :: .$800.00 28 LIGHT, 20OW ARTS $7.50 $210.00 17 ELEC 20 AMP OUTLET $35 00 $595.00 Store Hours Mon -Fri 9:00a -5:00p Sat 10:00ti OOp Modification # 6 Printed On Mon 4121/2014 1:08PM Software by Point-of- Rental Sys Matti. Contract- Parama.rpt (1) Contract #: 9518 CITY OF SANTA ANA PARKS & REC Qty Items Rented 8 SIDEWALL, 6'X20' WHITE PTM TARP _ FOR FOOD BOOTHS HOT & COLD SINKS 500 FENCE,CHAIN LINK 6'H X 10'W >>> 500VENCE FOR MAIN STAGE - FREE STANDING FENCE «< INSTALL FENCE AT 4 AM 85 SAND BAGS 25 SIDEWALL, 6X20' WHITE PTM TARP »> SCREENING FOR FENCE <<< >>> 500' OF THIGH PTM TARPS <<< 1 RESTROOM SERVICE: SATURDAY 3 SPECIALTY SINK HOT &COLD >>> 3 -3 COMPARTMENT HOT /COLD SINKS SELF CONTAINED <<< 27 SPECIALTY TOILET 4 SPECIALTY TOILET ADA 7 SPECIALTY. SINK COLD: » 7 -.TWO STATION COLD SINK «< (1 -@ 4TH & SPURGEN FOR SIERRA MIST) 4 SPECIALTY SINK HOT &COLD >>> 4- HOT & COLD SINKS <<< 6 CANOPY, 10X10'WHITE REGULAR. >>> 3 - 10X 20% 8' OVER HOT /COLD SINKS <<< MUST BE INSTALLED ON LEVEL GROUND. 18 CANOPY, BASE STEEL 180 SIDEWALL,8'WHITE >>>.6 -30' SECTIONS! <<< 3 LIGHT, HI BAYS400WATT 8 CANS, TRASH WITH LINER 32 GALLON SUPPPORT 3 GREASE BARRELS 4 SIDEWALL, 8'X10' WHITE PTM TARP >>> FOR UNDER GREASE BARRELS <<< MAIN STAGE 7 TABLE, ROUND 30" MUST BE INSTALLED ON LEVEL GROUND. 7 TABLE, CKTL42' LEG 3 RED, 120" GARDEN REPLACEMENT CHARGE ON ALL BURNED, TORN OR STAINED LINEN. 3 KELLY 120" GARDEN - 1 WHITE, 120" GARDEN REPLACEMENT CHARGE ON ALL BURNED, TORN OR STAINED LINEN. 21 CHAIR BARSTOOL,BLAGK SWIVAL - 2 COOLERS, IGLOO 150 QT. 2 FAN, 30" PEDESTAL 6 TABLE, 8'X 30" MUST BE INSTALLED ON LEVEL GROUND. 2 RED, 8' TABLEDRAPE. 2 KELLY, 8'TABLEDRAPE 2 WHITE, 8'. TABLEDRAPE 800 ASTRO TURF, BLACK SQ. FT. >>> 20%40'<<< _ DRESSING ROOMS 3 CANOPY, 10'X101WHITE REGULAR »> 1 - 10 %30'X 8'W/4 WALLS <<< MUST BE INSTALLED ON LEVEL GROUND. 6 CANOPY, BASE STEEL, 80 SIDEWALL, 8'WHITE >>> 4 - 20' SECTIONS «< 6 LIGHT, PAR-CAN 46 BLACK 200W . 6 PAR -CAN COLOR JELL PEACH JELLS 20 TABLE 6'X 30 4 SPECIALTY TOILET Printed On Mon 412112014 1 08P Software by Paint -of- Rental Systems w point- of- rental.com Page 2 of 4 Price $0.00 $750.00 $127.50 $500.00 _ $400.00 $0.00 $400.00 $180.00 $500.00 $45.00 $1,500.00 $78.80 $70.00 L. $1,890:00 $30.00 $125.00 $60.00 $500.00 $36.00 $52.00 $38.00 $364.00 $38.00 $255.001 $1,020.00 $75.001 $450.00 $0.00 $0.00 $1.00 $180.00 $15.00 $45.00 $9.85 ' $78.80 $20,001 r $60.00 $12.50 $50.00 $8.501 $59.50 $2.50 .$1.7.50 $14.50 $43.50 $14.50 -. . $43.50 $14.50 $14.50 _ $9.00 $189.00 $15.00 $30.00 $30.00 ' $60.00 $6.00 $36.00 - $1900 -. $38.00 $19.00 $38.00 $1900 x$38.00 $0.38 $304.00 $180.00 $2.00 $12:00 $0.50 $40.00 $15.00 ". .$$0.00 $0.00 $0.00 $600 $120.00 $70.00 $280.00 Modification # 6 Contract- Params.rpt (1) Contract #: 9518 CITY OF SANTA ANA PARKS & REC Qty Items Rented _ .._ 2 SPECIALTY PARTY. EQUIP 2- TWO STATION HAND WASHING SINK 60 CHAIR, SAMS WHITE >>> STAGE AREA «« MUST BE INSTALLED ON LEVEL GROUND ALL CHAIRS & TABLES MUST BE STACKED IN THE SAME AREA AS DELIVERED TO AVOID ADDITIONAL CHARGES CHAIR WEIGHT LIMIT IS 250LBS 3 MIRROR, WARDROBE NATURAL WOOD ELECTRICAL / POWER 1 GENERATOR 125KVASILENT - 1 GENERATOR,70KVA 3PH SILENT 1 SPECIALTY PARTY EQUIP >>> 1 70KVA GEN I'S «< 1 SPECIALTY GENERATOR »» 45 KVA FOR BEER GARDEN «« 1 ELECTRICAL DISTRIBUTION SYSTEM >>> 125 20 AMP OUTLETS <<< - >>> STAGE POWER HOOKUPS «< >>> 40 AMPS PER FOOD BOOTH «< 100 CABLE RAMP 5 CHANNEL 16 SPECIALTY PARTY EQUIP >a >16- HEADSETS W /WALKIE' TALKIES & BATTERIES < «` 4 LABOR >>> (2) Al MEN SAT 6AM- 9PM NEED MULE «< _ >>> (2) Al MEN SUN SAM- 8PM NEED MULE <<< Al USE .�.�....�._._ 80 FENCE,CHAIN LINK 6'H X 10'W _ >>> 80' OF 6' HIGH FENCE «< CHECK IN 1 CANOPY, 101X10'PAGODA WHT >>> 10'X10'X8' <<< MUST BE INSTALLED ON LEVEL GROUND. 4 CANOPY, BASE STEEL` Reading-60C 1207 1 TABLE, 8' X 30" MUST BE INSTALLED ON LEVEL GROUND. 4 CHAIR SAMS IVORY MUST BE INSTALLED ON LEVEL GROUND. 9000ALL CHAIRS & TABLES MUST BE STACKED IN THE SAME AREA 9001AS DELIVERED TO AVOID ADDITIONAL: CHARGES CHAIR WEIGHT LIMIT IS 250LBS 1 LABOR FRIDAY NIGHT INSTALLATION _ & SUNDAY PICKUP STAGE- CITY COUNCIL 40 CHAIR, SAMS WHITE IN FRONT OF STAGE DROP OFF ONLY MUST BE INSTALLED ON LEVEL GROUND ALL CHAIRS & TABLES MUST BE STACKED IN THE SAME AREA AS DELIVERED TO AVOID ADDITIONAL CHARGES CHAIR WEIGHT LIMIT IS 250LBS BEER GARDEN 4 CANOPY, 20'X20' RED /WHT PAGODA 4- 20'x 20' TO MAKE 40'X 40'X 10 RED & WHITE PAGODA 1 LIGHT, HI SAY3 400WATT 8 CANOPY, WATER BARREL 55GAL 8 CANOPY,: WATER BARREL COVER 55GAL SPONSOR 1 CANOPY, 20X20 WHITE, KWIK EXP, 20 X30'X8' WHITE KWIK TOP - SIERRA MIST 1 MIDDLE,20'X10' WHITE KWIK 8 CANOPY, WATER BARREL 30GA 8 CANOPY, WATER BARREL COVER 30GAL Store Hours �Mon - Fri 9:00a -5:00p Sat 10:00a -3:00p _.- Printed On Mon 4/2112014 1 :08PM Software by Point -of- Rental Systems w .point-of- rental. com $5.001 $15.00 $600100 Page 3 of 4 Each Price $5200 $104.00 $0.90 $54.00 $5.001 $15.00 $600100 $600.00 $600.00 $600.00 $60000. $600.00 $450.00 $450.00 $3600.00 -. $10.00 $1,000.00 $400.00 $2,800.00 $3,600.00 $1 $80.00 $60.00 $0.00 $6.00 $0.90 $3.60 $1,000.00 $1,000.00 $15.0 $15.0 $5.0 $220.0 $110.0 $14.0 $40.00 $880.00 $15.00 $120.00 $40.00 $220.00 $110.00 $88.00 $26.40 lodification # 6 Contract- Params.rpt (1) Contract #: 9518 CITY OF SANTA ANA PARKS & REC Page 4 of 4 Qty Items Rented Each Price BACK STAGE VIP 1 CANOPY, 10'X20' WHITE REGULAR $165.00 $165.00 FRENCHISE) 2 10' X20' 8' WHITE CANOPY -- BACKSTAGE $75.00 '.. $150.00 4 CANOPY, BASE STEEL: $220 $8,80 200 ASTRO TURF, BLACK SQ. FT. $0.40 $80.00 8 10' X20' BLACK TURF $0.00 $0.00 4 LIGHT, LED PAR -CAN. : $5500." $220.00 1 ELEC CORD 50'MULTI WHITE $0.00 $0.00 6 SIDEWALL.8X10'WHITE '. $1980 '. $118.80 2 LOUNGE, LOVESEAT,WHITE LEATHERETTE $13750 $275.00 1 TABLE, COFFEE WHITE 35 "X22' $3850 :. `$38.50 FRENCHISE) 2 CANOPY, 10'X10 PAGODA WHT $75.00 '.. $150.00 1.10'X20'X8'WHITE PAGODA MUST BE INSTALLED ON LEVEL GROUND. 8 CANOPY, BASE STEEL $0.00 $0.00 4 TABLE, 8- XW' $6.00 .$24.00 4 PER BOOTH (UNIVISION, TELEMUNOO , OTHER) MUST BE INSTALLED ON LEVEL GROUND.. 12 CHAIR, SAMS WHITE $0.90 $10.80 8 PER BOOTH (UNIVISION, TELEMUNDO , OTHER) MUST BE INSTALLED ON LEVEL GROUND ALL CHAIRS & TABLES MUST BE STACKED IN THE SAME AREA AS DELIVERED TO AVOID ADDITIONAL CHARGES CHAIR WEIGHT LIMIT IS 250LBS 3 LIGHT STRINGfESTIVAL YELLOW $750 - .$22.50 60 KWIKCOVER /8'WHITE $3.85 $231.00 COVERS FOR VENDOR TABLES 1 DELIVERY /PICKUP $400,00 -'. $400.00 DELIVERY / PICKUP FOR RESTROOMS & SINKS 20 KWIKCOVER /6'WHITE $2.00 $40.00 DRESSING ROOM TABLES 1 FUEL FOR: GENERATORS $200000 '': `. $2,000,00 >>> COSTTO REFUEL GENERATORS <<< 1 KWIKCOVER/8'WHITE $200 $2.00 1 1 Delivery/Plck6p $499.201 48 HOUR NOTICE REQUIRED TO AVOID CANCELLATION FEES. ORDER MUST BE PAID IN FULL PRIOR TO DELIVERY. Rental: CA BUS: Sales: Delivery Charge: Misc Charges: $31,892.10 $2,074.65 $2,772.20 $400.00 $0.00 Subtotal: Sales Tax: _...._.�.__ Total: Paid: Amount Due: $37,138.95 $249.50 $37,388.45 $0.00 $37,388.45 CITY OF SANTA ANA PARKS & REC Store Hours Mon - Fri 9:00a -5:00p Sat 10:00a -3:00p Modification # 6 Printed On Mon 4121120741:0SPM Software by Point -of- Rental Systems w.ww, point -of- rental, cam Contract- Pamms.rpt(1) CITY OF SANTA ANA PARKS & REC Ordered By: JOSE ROMO Salesman: RENE MARTIN Status: Reservation Contract #: 10251 Event Beg: Fri 612/2014 9:OOAM Event End: Sun 5/4/2014 6:OOPM Operator: Herrera, Valerie Job Descr: ADDITIONS - -- OFFICE & GREEN ROOM Delivery and Pickup Delivery : Fri 5/ 2/2014 Contact: JOSE ROMO Pickup Date: Sun 5/ 4/2014 Phone: Location: SANTA ANA Used at Address: 4 TH & 5th ON BROADWAY; SANTA ANA, CA 92707 Delivery Notes: FRIDAY 5/2 EVENT SAT 5/3 & SUN 5/4 "OFFICE " 1 CANOPY, 15'X15 WHITEKWIK 15X15'X8 WHITE PAGODA 4 CANOPY, BASE STEEL 3 SIDEWALL8X20'WHITE - 4 LIGHT, LED PAR -CAN 2 ELEC CORD 50'MULTI:BLACK 2 CHAIR, POLIWOOD WHITE 225 ASTRO TURF BLACK SQ. FT. 15'X 15'BLACK TURF 1 TABLE, 6'X 30" T. BLACK, B TABIFDRAPE 1 COOLER, EVAPORATIVE OSCILLATING 2 LOUNGE,LOVESEAT,WHITE LEATHERETTE 1 TABLE, COFFEE WHITE 35 "X22" 1. TABLE, SIDE WHITE 2$"X22" " GREEN ROOM " 1 CANOPY 15X15 WHITEKWIK 15'X 16'X8' WHITE PAGODA 4 CANOPY, BASE STEEL 3 SIDEWALL$X20'WHITE 4 LIGHT, LED PAR -CAN 2 ELEC CORD 50'MULTIBLACK 1 LOUNGE,SECTIONAL 5PC WHITE LEATHERETTE I.. LOUNGE,SEC RT WHITE' LEATHERETTE 1 LOUNGE,SEC MID WHITE LEATHERETTE 1 LOUNGE,SEC LT WHITE LEATHERETTE 1 LOUNGE,SEC RT END WHITE LEATHERETTE 1 LOUNGE SEC LT END WHITE LEATHERETTE. - 1 TABLE, COFFEE WHITE 35 "X22" 225 ASTRO TURF, BLACK SQ. FT 15 X 1' BLACK TURF 1 COOLER, EVAPORATIVE OSCILLATING 2 TABLE, ROUND 30'._ MUST BE INSTALLED ON LEVEL GROUND. 2 TABLE, CKTL,30" LEG 2 BLACK, 90" GARDEN 8 CHAIR, POLIWOOD WI4ITE 4 TREE TPALM TREE ARECA ARTIFICIAL 2� PER CANOPY Store Hours Mon - Fri 9:00a -5:00p Sat 10:00a -3:00p Printed On Mon 4/21/2014 1 :08PM Software by Point -of- Rental Systems www .point- of- rental.com $148501 ! $148.50 $5.50 $22.00 $39.60 -. $118.80 $55.00 $220.00 $24.80 - $49.60 $2.55 $5.10 $0.48 - $108.00 $8.40 $8.40 $19.25` -. $19:25 $250.00 $250.00 $137.50 '. $275.00 $38.50 $38.50 $30.0- - $30.00 $148.50 $148.50 $5.50 $22.00 ;39.00 -. $118.80 155.00 $220.00 ;24.80 - : $49.60 140.00 $440.00 $0 00 - - $0:00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 1 $0:00 138.50 $38.50 $048 $108,00 150.00 $250.00 $935:..... $18.70 $0.00 $0.00 $1075'. $21.50 $2.55 $20.40 $0.00 $0.00 Modification # 2 Contract- Params.rpt (1) Contract #:10251 CITY OF SANTA ANA PARKS & REC gtjr items Ranted 225 ASTRO TURF, LABOR INSTALL SO /FT 225 ASTRID TURF, LABOR: INSTALL SQ /FT $0. Page 2 of 2 Price $36.00 48 HOUR NOTICE REQUIRED TO AVOID CANCELLATION FEES. ORDER MUST BE PAID IN FULL PRIOR TO DELIVERY. Rental: CA BUS: Sales: Delivery Charge: Misc Charges: $2,749.15 $219.93 $72.00 $0.00 $0.00 mmSubtotal: Sales Tax: Total: Paid: Amount Due: I $3,041.08 $0.00 $3,041.08 $0.00 $3,047.08 Signature: CITY OF SANTA ANA PARKS & REC Store Hours Mon - Fri 9:00a -5:00p Sat 10:00a -3:00p Modification # - 2 Printed On Man 412112014 1 :00PM Software by Point -of- Rental Systems wwm.pent- of- rental. com Contract- Params, ret (1) CWFINCA -01 NCADWALLADE 144c.°,RO„ CERTIFICATE OF LIABILITY INSURANCE DAT 41812 DA'YYY) 4/8/2014 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 BYTHEPOLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Bolton & Company P.O. BOX 6030 Pasadena, CA 91102 -6030 CONTACT NAME: PHONE o 626 799.7000 FAX (626) 441 -3233 AIC N Ezt:( ) (A/C No: EMAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC# li INSURER A: Massachusetts Bay Insurance Co. 22306 INSURED INSURER B: Allmerlca Financial Benefit Insurance Co. 41840 INSURER C: Hanover American Insurance Company ��. CWF, Inc. DBA Al Party Rentals INSURER D: !, 251 E. Front Street Covina, CA 91723 INSURER E: INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY 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. ILTR TYPE OF INSURANCE ADDI-SUBR WVD POLICY NUMBER MMIODMW MMIDDYl1'YYV LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000' A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE L A_] OCCUR X ZD3901111303 2/1/2014 2/1/2015 PREMISES Ea occurrence $ 500,000 MED EXP(Anyone person) $ 10,000 PERSONAL &ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'LAGGREGATE LIMIT APPLIES PER PRODUCTS - COMPIOP AGG $ 2,000,000 _I POLICY X SECT X LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident 1,000,D00 BODILY INJURY (Per person) $ B X ANY AUTO AW3900660703 2/112014 2/112015 ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ X HIREDAUTOS X NON -OWNED AUTOS _ PROPERTY DAMAGE PER ACCIDENT $ $ X UMBRELLA LIAR X OCCUR EACH OCCURRENCE $ 5,000,000 AGGREGATE I$ 5,000,000 C E %CESS LIAB CLAIMS -MADE UH3901111703 2/112014 21112015 DED X RETENTION$ $ —� WORKERS COMPENSATION ANDEMPLOVERS'LIABILITV YIN ANY CER/ME ETC R EXCLUDED? CUTIVE EXCLUDED? N/A v-' sx yt yggpROV -E JJ f.a L S9 p� (` TO WC STATU OTH- TORY LIMITS ER E.L. EACH ACCIDENT $ E, L. DISEASE -EA EMPLOYE $ (Mandatory in NFR f y.,c ..nh NH) ` DESCRIPTION OF OPERATIONS below �IORGI E, L. DISEASE - POLICY LIMIT $ Assistant City AttOrnlW DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Addltlonal Remarks Schedule, if more space Is required) Job: Operations of the Named Insured. The City of Santa Ana, it's officers, employees, agents, and representative are named as additional insured per the 4210778 0909 attached where required by written contract. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Parks, Recreation & Community Services Agency - M23 20 Civic Center Plaza THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. P.O. BOX 1988 AU�THOORI'Z�50 REPRESENTATIVE Santa Ana, CA 92702 ©1988 -2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CALIFORNIA COMMERCIAL GENERAL LIABILITY SPECIAL BROADENING ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SUMMARY OF COVERAGES 1. Additional Insured by Contract, Agreement or Permit Included 2. Additional Insured - Broad Form Vendors Included 3. Aggregate Limit per Location Included 4. Alienated Premises Included 5. Bodily Injury Redefined Included 6. Broad Form Property Damage - Borrowed Equipment, Customers Goods & Included Use of Elevators 7. Extended Property Damage Included 8. Incidental Malpractice (Employed nurses, EMT's & paramedics) Included 9, Knowledge of Occurrence Included 10. Liberalization Clause Included 11. Medical Payments - Increased Limit $ 10,000 12. Mobile Equipment Redefined Included 13, Newly Acquired or Formed Organizations - Covered until end or policy period Included 14. Non -owned Watercraft 51 ft. 15. Personal Injury- Broad Form Included 16. Product Recall Expense - Each Occurrence Limit $ 25,000 - Aggregate Limit $ 50,000 17. Property Damage Legal Liability (Fire, Lighting, Explosion, Smoke or Leakage Damage) $500,000 18. Supplementary Payments Increased Limits Bail Bonds $ 2,500 Loss of Earnings $ 300 19. Unintentional Failure to Disclose Hazards Included 20, Unintentional Failure to Notify Included This endorsement amends coverages provided under the Commercial General Liability Coverage Form through new coverages, higher limits and broader coverage grants. 1. Additional Insured by Contract, Agreement or (2) Premises you own, rent, lease or occupy. Permit This insurance applies on a primary basis Under Section 11 - Who Is An insured, Paragraph 4, if that is required by the written contract, is added as follows: written agreement or permit. 4. a. Any person or organization with whom you agreed, because of a written contract, written agreemant or permit to provide insurance, is an insured, but only with respect to: (1) "Your work" for the additional insured(s) at the location designated in the contract, agreement or permit; or b. This provision does not apply: (1) Unless the written contract or written agreement has been executed or permit has been issued prior to the "bodily injury", "property damage ", "personal injury" or "advertising injury". Page 1 of 6 Includes copyrighted material of ISO Insurance Services Office, Inc. with its permissipn ,:, r•, 421 -0778 09 09" A t A4 F- „ ran Lrty Ej ���rY ev (2) To any person or organization included as an insured by an endorsement issued by us and made part of this Coverage Part. (3) To any person or organization Included as an insured under item 2 of this endorsement. (4) To any lessor of equipment: (a) After the equipment lease expires; or (b) If the "bodily injury", "property dam- age", "personal injury' or "advertising injury" arises out of sole negligence of the lessor. (5) To any: (a) Owners or other interests from whom land has been leased which takes place after the lease for the land ex- pires; or (b) Managers or lessors of premises if: (t) The occurrence takes place after you cease to be a tenant In that premises; or (ii) The "bodily injury ", "property damage ", "personal injury" or "advertising injury" arises out of structural alterations, new con- struction or demolition operations performed by or on behalf of the manager or lessor. 2. Additional Insured - Broad Form Vendors Under Section II - Who Is An Insured, Paragraph 5. is added as follows: S. a. Any person or organization with whom you agreed, because of a written contract or written agreement to provide insurance, but only with respect to "bodily injury" or "property damage" arising out of "your products" which are distributed or sold in the regular course of the vendor's business, subject to the following additional exclusions: b. The insurance arforded the vendor does not apply to: (1) "Bodily injury" or "property damage" for which the vendor is obligated to pay dam- ages by reasons of the assumption of lk ability in a contract or agreement. This exclusion does not apply to liability for damages that the insured would have in the absence of the contract or agreement; (2) Any express warranty unauthorized by you; (3) Any physical or chemical change in the product made intentionally by the vendor; (4) Repackaging, unless unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instruction from the manufacturer, and then repackaged in the original container; (5) Any failure to make such inspection, ad- justments, 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 sale of the product; (6) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; (7) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any thing or substance by or for the vendor. c. 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, accompany- ing or containing such products. 3. Aggregate Limit Per Location (1) Under Section 111 - Limits of Insurance the General Aggregate Limit applies separately to each of your "locations" owned by or rented to you. (2) Under Section V - Definitions, definition 23. is added as follows: 23. "Location" means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right -of -way of a rail- road. 4. Alienated Premises Under Section I - Coverage A, paragraph 2. Exclu. sions, j. (2) is replaced in its entirety with the following: (2) Premises you sell, give away or abandon, if the "property damage" arises out of any part of those premises and occurred from hazards that were known by you, or should have reasonably been known by you, at the time the property was transferred or abandoned. 5. Bodily Injury Redefined Under Section V - Definitions, definition 3. "bodily injury' is replaced in its entirety with the following: Page 2 of 6 Includes copyrighted material of ISO Insurance Services Office, Inc. with its permission. 421 -0778 09 09 3. "Bodily injury' means bodily injury, sickness or disease sustained by a person. This includes mental anguish, mental injury, shock, fright or death resulting from "bodily injury', sickness or disease. 6. Broad Form Property Damage - Borrowed Equipment, Customers Goods, Use of Elevators (1) Under Section 1 - Coverage A, paragraph 2. Exclusion j. is amended as follows: Paragraph (4) does not apply to "property dam- age" to borrowed equipment while at a jobsite and not being used to perform operations. Paragraphs (3), (4) and (6) do not apply to "property damage" to "customers goods" while on your premises nor do they apply to the use of elevators at premises you own, rent, lease or occupy. (2) Under Section V - Definitions, definition 24. is added as follows: 24. "Customers goods" means property of your customer on your premises for the purpose of being: a. worked on; or It. used in your manufacturing process (3) The insurance afforded under this provision is excess over any other valid and collectible prop- erty insurance (including deductible) available to the insured whether primary, excess, contingent or on any other basis. 7. Extended Property Damage Under Section I - Coverage A, paragraph 2. Exclusions, Exclusion a. is replaced in its entirety with 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. 8. Incidental Malpractice - Employed Nurses, EMT's and Paramedics 9. Knowledge of Occurrence Under Section IV - Commercial General Liability Conditions, Condition 2 - Duties in the Event of Occurrence, Offense, Claim or Suit, paragraph e. is added as follows: e. Notice of an "occurrence ", offense, claim or "suit" will be considered knowledge of the insured if reported to an individual named insured, partner, executive officer or an "employee" designated by you to give us such a notice. 10. Liberalization Clause Under Section IV - Commercial General Liability Conditions, condition 10, is added as follows: 10. Liberalization Clause If we adopt any revision that would broaden the coverage under this Coverage Form without additional premium, within 45 days prior to or during the policy period, the broadened coverage will immediately apply to this Coverage Part. 11. Medical Payments - Increased Limits (1) Under Section I - Coverage C, paragraph a. (3)(b) is replaced in its entirety by the following: (3)(b) The expenses are incurred and reported to us within three years of the date of the accident; and (2) Under Section III - Limits of Insurance, paragraph 7. is replaced in its entirety by the following: 7. Subject to 5. above, the higher of: a. $10,000; or b. The amount shown in the Declarations for Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of "bodily injury" sustained by one person. (3) This coverage does not apply if Coverage C - Medical Payments is excluded either by the provisions of the Coverage Part or by endorsement. Under Section 11 - Who Is An Insured, paragraph 12, Mobile Equipment Redefined 2.a.(1)(d) does not apply to a nurse, emergency medical technician or paramedic employed by you if Under Section V - Definitions, definition 12, you are not engaged in the business or occupation of Mobile Equipment, paragraph f.(1)(a)(b)(c) does providing medical, paramedical, surgical, dental, x -ray not apply to self - propelled vehicles of less than or nursing services. 1,000 pounds gross vehicle weight. 13. Newly Acquired Or Formed Organizations Under Section 11 - Who is An Insured, paragraph Page 3 of 6 Includes copyrighted material of ISO Insurance Services Office, Inc. with its permission. 421.0778 09 09 3.a. is replaced in its entirety by the following: Damages claimed for any loss, cost or a. Coverage under this provision is afforded only expense incurred by you or others for the until the end of the policy period, loss of use, withdrawal, recall, inspection, repair, replacement, adjustment, removal 14. Non -Owned Watercraft or disposal of: Under Section I - Coverage A, paragraph 2 (1) "Your product "; Exclusions, g.(2) is replaced in its entirety by the (2) "Your work "; or following: (3) "Impaired property "; (2) A watercraft you do not own that is: if such product, work, or property is (a) Less than 51 feet long; and withdrawn or recalled from the market or (b) Not being used to carry persons or from use by any person or organization property for a charge; because of a known or suspected defect, This provision applies to any person, who deficiency, inadequacy or dangerous with your consent, either uses or is condition in It, but this exclusion does not responsible for the use of a watercraft, apply to "product recall expenses" that you incur for the "covered recall" of "your 15. Personal Injury - Broad Form product ". The exception to the exclusion "Product does not apply to recall expenses" (1) Under Section I - Coverage B, paragraph 2.e. resulting from: is deleted in its entirety. (1) Failure of any products to accomplish (2) Under Section V - Definitions, definition 14, their intended purpose; paragraph b. is replaced in its entirety by the (2) Breach of warranties of fitness, quality, following: durability or performance; b. Malicious prosecution or abuse of process. (3) Loss of customer approval, or any cost (3) Under Section V - Definitions, definition 14, incurred to regain customer approval; paragraph h. is added as follows: (4) Redistribution or replacement of "your h. Discrimination or humiliation (unless product" which has been recalled by insurance thereof is prohibited by law) that like products or substitutes; results in injury to the feelings or reputation (5) Caprice or whim of the insured; of a natural person, but only if such discrimination or humiliation is: (6) A condition likely to cause loss of which (1) Not done intentionally by or at the any insured knew or had reason to direction of: know at the inception of this insurance; (a) The insured; (7) Asbestos, including loss, damage or clean up resulting from asbestos or (b) Any officer of the corporation, asbestos containing materials; director, stockholder, partner or (8) Recall of "your products' that have no member of the insured; and known or suspected defect solely (2) Not directly or indirectly related to an because a known or suspected defect "employee ", not to the employment, in another of "your products" has been prospective employment or termination found. of any person or persons by an (2) Under Section II - Who Is An Insured, insured. paragraph 3.d. Is added as follows: (4) This coverage does not apply if Coverage B - d. Coverage A does not apply to "product Personal and Advertising Injury Liability is recall expense" arising out of any excluded either by the provisions of the withdrawal or recall that occurred before Coverage Part of by endorsement, you acquired or formed the organization. 16. Product Recall Expense (3) Under Section III - Limits of Insurance, paragraph 8. is added as follows: (1) Under Section I - Coverage A, paragraph 2 Exclusions, n, is replaced in its entirety by the 8, The Limits of Insurance and rules stated following: below fix the most we will pay under this coverage part. n. Recall of Products, Work or Impaired Property Page 4of6 Includes copyrighted material of ISO Insurance Services Office, Inc. with its permission. 421 -0778 09 09 (1) The Aggregate Limit is the most we will reimburse you for the sum of all "product recall expenses" incurred for all "product recall expenses" initiated during the policy period. (2) The Each Occurrence Limit shown in the Summary of Coverages Declaration is the most we will pay in connection with any one defect or deficiency. (a) All "product recall expenses" in connection with substantially the same general harmful condition will be deemed to arise out of the same defect or deficiency and considered one occurrence. (b) Any amount reimbursed for "product recall expenses" in connection with any one occurrence will reduce the amount of the Aggregate Limit available for reimbursement of "product recall expenses" in connection with any other defect or deficiency. (c) If the Aggregate Limit has been reduced by reimbursement of "product recall expenses" to an amount that is less than the Each Occurrence Limit, the remaining Aggregate Limit is the most that will be available for reimbursement of "product recall expenses" in connection with any other defect or deficiency. The Limits of Insurance of Product Recall Expense apply separately to each consecutive annual period and to any remaining period of less than 12 months, starting with the beginning of the policy period shown in the Declarations, unless the policy period is extended after issuance for an additional period of less than 12 months. In that case, the additional period will be 'deemed part of the last preceding period for the purposes of determining the Limits of Insurance. (3) A Deductible of $500 applies for Each Occurrence. (4) Under Section IV - Commercial General Liability Conditions, Condition 2 - Duties in the Event of Occurrence, Offense, Claim or Suit, paragraph f. is added as follows: f. You must see to it that the following are done in the event of an actual or anticipated "covered recall" that may result in "product recall expense ": (1) Give us prompt notice of any discovery or notification that "your product" must be withdrawn or recalled. Include a description of "your product" and the reason for the withdrawal or recall; (2) Cease any further release, shipment, consignment or any other method of distribution of like or similar products until it has been determined that all such products are free from defects that could be a cause of loss under this insurance. (5) Under Section V - Definitions, the following definitions are added: 25. "Covered recall,' means a recall made necessary because you or a government body has determined that a known or suspected defect, deficiency, inadequacy, or dangerous condition in "your product" has resulted or will result in "bodily injury" or "property damage ". 26. "Product recall expense" means: a. Necessary and reasonable expenses for: (1) Communications, including radio or television announcements or printed advertisements including stationery, envelopes and postage; (2) Shipping the recalled products from any purchaser, distributor or user to the place or places designated by you; (3) Remuneration paid to your regular "employees" for necessary over- time; (4) Hiring additional persons, other than your regular "employees" (5) Expenses incurred by "employees" including transportation and ac- commodations; (6) Expenses to rent additional ware- house or storage space; (7) Disposal of "your product ", but only to the extent that specific methods of destruction other than those employed for trash discarding or disposal are required to avoid "bodily injury" or "property damage" as a result of such disposal; You incur exclusively for the purpose of recalling "your product"; and b. Your lost profit resulting from such "covered recall ". Page 5 of 6 Includes copyrighted material of ISO Insurance Services Office, Inc. with its permission. 421.0778 09 09 17. Property Damage Legal Liability (Fire, Lightning, Explosion, Smoke or Leakage from Fire Protective Systems Damage) (1) The word fire is changed to fire, lightning, explosion, smoke and leakage from fire pro- tective systems where it appears in the Limits of Insurance section of the Declarations for the Commercial General Liability Coverage Part. (2) Under Section I - Coverage A, the last para- graph (after the exclusions) is replaced in its entirety by the following: Exclusions c. through n. do not apply to dam- age by fire, lightning, explosion, smoke or leak- age from fire protective systems to premises while rented to you or temporarily occupied by you with the permission of the owner. A sepa- rate limit of insurance applies to this coverage as described in LIMITS OF INSURANCE (SEC- TION III). This limit will apply to all damage proximately caused by the same event, whether such damage rssults from fire, lightning, ex- plosion, smoke or leakage from fire protective systems or any combination of the five. (3) Under Section III - Limits Of Insurance, para- graph 6. is replaced in its entirety by the follow- ng: 6. Subject to 5. above, the higher of: a. $500,000; or b. The Fire, Lightning, Explosion, Smoke or Leakage from Fire Protective Sys- tems Damage Limit shown in the Dec- larations is the most we will pay under Coverage A for damages because of "property damage" from fire, lightning, explosion, smoke and leakage from fire protective systems to premises, while rented to you or temporarily occupied by you with permission of the owner. (4) Under Section IV - Commercial General Liability Conditions, Condition 4. Other Insurance, paragraph (1)(a)(ii) is replaced by the following: (ii) That is fire, lightning, explosion, smoke or leakage from fire protective systems insurance for premises rented to you or temporarily occupied by you with per- mission of the owner; or (5) Under Section V - Definitions, definition 9. 'Insured contract', a. is replaced in its entirety by the following: a. A contract for a lease of premises. How- ever, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning, explosion, smoke or leakage from fire pro- tective systems to premises while rented to you or temporarily occupied by you with permission of the owner is not an "insured contract ". (6) This coverage does not apply if Fire Damage Legal Liability of Coverage A is excluded either by the provisions of the Coverage Part or by endorsement. 18. Supplementary Payments Increased Limits Under Section 1 - Supplementary Payments, Coverages A and f3, paragraphs 1.b. and 1.d, are replaced in their entirety as follows: 1.b. Up to $2,500 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. 1.d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit ", including actual loss of earnings up to $300 a day because of time off from work. 19. Unintentional Failure to Disclose Hazards Under Section IV - Commercial General Liability Conditions, Condition 6. - Representations, paragraph d. Is added as follows: d. We will not disclaim coverage under this Coverage Part if you fail to disclose all hazards existing as of the inception date of the policy provided such failure is not intentional. 20. Unintentional Failure to Notify Under Section IV - Commercial General Liability Conditions, Condition 2. - Duties in the Event of Occurrence, Offense, Claim or Suit, paragraph g. is added as follows: g. Your rights afforded under this policy shall not be prejudiced if you fail to give us notice of an "occurrence ", offense, claim or "suit', solely due to your reasonable and documented belief that the "bodily injury" or "property damage" is not covered under this policy. Page 6 of S Includes copyrighted material of ISO Insurance Services Office, Inc. with its permission. 421 -0778 09 09