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HomeMy WebLinkAboutAMERGROUP, DBA: AMERICAN SECURITY GROUPCity of Santa AW a Clerk of the Council AGREEMENT TERMINATION FORM Please complete this form in its entirety when the attached agreement and all amendments (if any) are no longer in effect. Note: If your agreement is grant related, please ensure that all grant retention requirements have been satisfied prior to signing the termination form. Is the agreement(s) a permanent record? Yes No Return form to the Clerk of the Council Office (M-30). Call 647-1520 if you have any questions. The agreement with No. N-2019-227 was completed on (List an amencimenrs. use space below if needed.) Department: Phone/Ext.: Signature: Date: Revised: 10-18-16 and final payment has been made. !NOu ANGL iVOT ON FILE WORK MAY NOT PROCEED N-2o19-227 CLERK OF "'ff f 2 A 2019 ttr�y,, DATE: d AGREEMENT BETWEEN THE CITY OF SANTA ANA AND THE AMERGROUP INC DBA AMERICAN SECURITY GROUP FOR INSTALLATION OF ZOO TURNSTILES THIS AGREEMENT is hereby made and entered into this Ist day of October, 2019, by and between the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"), and Amergroup, Inc. a California corporation dba American Security Group ("Contractor"). RECITALS A. City issued a request for Proposals ("RFP") No. 19-065 for Zoo entry turnstiles on June 27, 2019. Contractor submitted a proposal in responsive to the RFP and was its proposal was selected. C. The City desires to retain Contractor to install access control entry turnstiles at the Santa Ana Zoo ("Project"), B. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its 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 firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Contractor shall demolish the current entry turnstiles for the Santa Ana Zoo and install three (3) Alvarado turnstiles and two (2) swing gates, system control panel, a four (4) lane pushbutton controller, and one (1) waist height filler rail. Contractor shall provide all equipment including turnstiles, pushbutton controller, cabling; materials; and labor for both installation and programming as outlined in more detail in the attached Exhibit A, incorporated herein as though set forth fully. Contractor will also comply with all of the specifications and requirements set forth in the City's RFP No. 19-065, incorporated herein as though set forth fully. It is understood that, Contractor will utilize a third party electrical contractor as outlined in Contractor's proposal, 2. COMPENSATION a, City agrees to pay, and Contractor agrees to accept as total payment for its services, the fees and rates set forth in Exhibit A of this Agreement. The total sum to be expended under this Agreement shall not exceed sixty-two thousand eight hundred and eight dollars and ninety cents ($62,808.90) for the entire term of this Agreement. This amount includes the proposal amount of $55,310.1 l plus a 10% contingency to Page 1 of 10 be used at the City's sole discretion for unanticipated expenses associated with this project. b. City will be invoiced by Contractor on a monthly basis. Payment will be made within forty-five (45) days of the date of the invoice. 3. TERM The term of this Agreement shall commence on October 1, 2019 and terminate on June 30, 2020 unless terminated earlier in accordance with Section 16, below. The term of this Agreement may be extended by a writing signed by the City Manager and 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, a joint 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 its 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, 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 Contractor's negligent operatigns 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 $2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self-insurance programs maintained by the City; and (c) contain standard separation of insured provisions. 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. Page 2 of 10 c. Worker's Compensation Insurance. In accordance with California State law, 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. If Contractor is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim with $2,000,000 in the aggregate. e. 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. (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. (iv) Contractor shall supply City with fully executed additional insured endorsement. f. 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 terminate this Agreement. Such termination shall not affect 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 defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Contractor, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising Page 3 of 10 from this Agreement. The Contractor further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Contractor's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor. 7. FINGERPRINTS AND BACKGROUND CHECK Contractor, and any employees, subcontractors or substitutes, shall arrange for and submit their fingerprints for a criminal background check through the Department of Justice through the City's Human Resources Department process. Contractor shall be responsible for all charges associated with fingerprinting. Contractor shall not perform any services pursuant to this Agreement until clearance is received and Contractor is notified by the City's Parks, Recreation and Community Services Department. 8. PREVAILING WAGE Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the services being performed are part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 9. COMMUNITY WORKFORCE AGREEMENT On August 15, 2017, the Santa Ana City Council approved a Community Workforce Agreement ("CWA") with the Los Angeles/Orange Counties Building and Construction Trade Council and the Signatory Craft Councils and Unions. The provisions of the agreement would apply to all construction and major rehabilitation work pursuant to "Prime Multi -Trade" construction contracts that exceed $250,000 and all subcontracts from these prime multi -trade contracts. The agreement also applies to all "Prime Specialty" contracts (single trade contracts) that exceed $100,000 and all subcontracts from these prime specialty contracts. Specialty contracts are contracts for project work with a specialty contractor which is either limited to a particular single trade or craft or limited to a singular scope of work. Page 4 of 10 Contractors working on projects over the above thresholds must, in filling craft job requirements, utilize and be bound by the registration facilities and referral systems established and authorized by the Unions who are signatory to the agreement. This is commonly referred to a Union hiring hall. Contractors retain the right to reject any applicant referred to them through the job referral system, determine competency of all employees, to determine the number of employees required, and the duties of such employees. If any Union's registration and referral system does not fulfill the requirements for specific classifications requested by any Contractor within 48 hours, the Contractor may employ applicants meeting such classifications from any other available source. Contractor will work with the City's Labor Compliance Contractor to ensure compliance with the CWA. 10. RECORDS Contractor shall keep records and invoices in connection with the work to be performed under this Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor under this Agreement. All such records and invoices shall be clearly identifiable. Contractor shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Contractor under this Agreement. 11. CONFIDENTIALITY If Contractor received 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. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor and disclosed without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City. Page 5 of 10 12. CONFLICT OF INTEREST CLAUSE Contractor covenants that it presently has no interest and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 13. 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, sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: City of Santa Ana City Clerk (M-30) 20 Civic Center Plaza P.O. Box 1988 Santa Ana, California 92702 With copy to: Executive Director of Parks, Recreation and Community Services City of Santa Ana 20 Civic Center Plaza (M-23) P.O. Box 1988 Santa Ana, California 92702 Fax (714) 571-4211 And: City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 Fax (714) 647-6515 To Contractor: Mr. Anthony Sparks, President The Amergroup Inc. dba American Security Group 980 Park Center Drive, Suite J Vista, California 92081 Fax:760-727-4027 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been Page 6 of 10 deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by facsimile, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 14. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor regarding the subject matter herein, 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 and will serve to fully supersede existing Agreement. 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, that terms or 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 parties, which are not embodied herein. 15. 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 that are the subject to this Agreement performed by City personnel or by other Contractors retained by City. 16. TERMINATION This Agreement may be terminated by the City with thirty (30) days written notice of termination to the Contractor. a. As a condition of such payment, the City may require Contractor to deliver to the City all the work product completed, as of such date, and in such case, such work product shall be the property of the City unless prohibited by law, and Contractor consents to the City's use thereof for such purposes, as the City deems appropriate. b. Payment need not be made for work that fails to meet the standard of performance specified in the Recitals of this Agreement. 17. NON-DISCRIMINATION Contractor shall not discriminate because of race, color, creed, relation, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited Page 7 of 10 by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities or any activities under this Agreement. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 18. 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. 19. 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 Sates, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of her inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 20. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: DAISY GOMEZ Clerk of the Council [Signatures continue on the next page] Page 8 of 10 CITY OF SANTA ANA -®—' KR STINE RIDGE City Manager APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney 1 By: LAURA A. ROSSINI Senior Assistant City Attorney RECOMMENDED FOR APPROVAL: AMERGROUP, INC. DBA AMERICAN SECURITY GROUP Executive Director of Parks, Recreation and Community Services Agency Page 9 of 10 EXHIBIT A SCOPE OF SERVICES AND FEES/COSTS Page 10 of 10 a WOR11,17110 Ca1N 1 TY GROUP eye of Ilia eagle City of Santa Ana Park, Recreation and Community Services 20 Civic Center Plaza-M23 Santa Ana, CA 92701 Santa Ana Zoo Turnstiles -Alvarado Access Control System Alvarado Turnstiles 2.00 EDC-eXSS 1.00 VSGX-1 1.00 EDC-3SS 1.00 VSG-1 1,00 4-Lane Pushbutton Controller 1.00 Waist Height Filler Rail 1.00 Shipping and Handling Subtotal Structured Cabling & Cable Management 1.00 2212, 2214, 10/4, 2216 Shielded PL (COMBO) 100.00 Misc Connectors and Hardware Subtotal Labor for Installation & Programming 25.00 . Sound & Signal Technician (Journeyman - Prevailing Wage) 25.00 Sound & Signal Technician (Apprentice - Prevailing Wage) Subtotal i Electrical Subcontractor Services 1.00 Subcontractor Provided Parts (California) 1.00 Subcontractor Services - Labor Subtotal PO Box 48 Vista CA. 92085 www.amsecgnuup con, Voice 760-727-4020 Fax 760-727-4027 CA LIC 665638 ACO LIC 4234 Page 1 Proposal 17/25/2019 11012829 VI City of Santa Ana Park, Recreation and Community Services 20 Civic Center Plaza-M23 Santa Ana, CA 92701 4,644.00 9,288.00T 3,996.00 3,996.00T 3,796.20 3,796.20T 3,569.40 3,569.40T 1, 350.00 1,350.00T 607.50 607.50T 633.00 633.00 23,240.10 942.50 942.50T 7.25 725.00T 1,667.50 105.002,625.00 65.00 1,625.00 4,250.00 15,019.68 i 15,019.68T 8,087.52 i 8,087.52 23,107.20 Net 30 ' Subtotal ' Tax (7.76%) i Total aKidi hicaN SECURITY GROUP The eye of the eagle City of Santa Ana Park, Recreation and Community Services 20 Civic Center Plaza-M23 Santa Ana, CA 92701 Proposal 7/26/2019 1012829 -..__ ___...___ _._. City of Santa Ana Park, Recreation and Community Services 20 Civic Center Plaza-1023 Santa Ana, CA 92701 SCOPE OF WORK: Access Control: - Demo existing turnstiles • Installation of turnstiles & (2) swing gales - Installation of system control panel - Installation of conduit - Installation of push-button controller - Installation of access control system software as specified - Installation of all necessary cabling for access controlled doors - Installation of all necessary cable management throughout free air cable run spaces - Full system programming, commissioning. and end -user training an operation of system Customer is responsible for providing the following: (whore applicable) 110 VAC power outlets - Internet connectiontlP address Client workstation PC or PC's - Network switches - Elecldfied door hardware for all access controlled doors (by Div-8) - All conduit pathways P.O.T.S phone lines for alarm communications - Access to work areas during work hours - Footers and cabling for Emergency Towers on obtained from the buyer or his agent was used to formulate this proposal. American Group reserves the right to submit a change order if items are discovered during the ntalion of [his proposal thalwill require additional equipment, special insurance ants and/or labor. WARRANTY: American Security Group will warranty its installation to be free of defects in material and workmanship for a period of one year, All equipment carries its full manufacturer's warranty. The sale price reflected on this proposal does not Include project performance and payment bonding. Should bonding be required for this project is will be billed at additional cost. Current bonding rate for ASG Is 3.729% TERMS: The terms of payment for products and services are described in the quotation. Time is of the essence on all payments. All Invoices due with NET-30 terms, The sale price reflected on this proposal includes a 7%cash discount. Major credit cards are accepted, however, payment by credit card will negate the 7% discount, PROPOSAL IS GOOD FOR 60 DAYS I hereby authorize performance of this proposal and agree to the following payment (arms ACCEPTED BY: DATE. PO Box 48 Vista CA. 92085 wriwamsecgrouthcom Voice 760-727-4020 Fax 760-727.4027 CA LIC 665638 ACO L/C 4234 Page 2 Not 30 0.00 0.00 O.00T 0.00 . 0.00 0.001 0.00 i 0.001 0.00 0.00! 0.00 0.00 O.00T 0.00 0.00 0.00 0.00 Subtotal $52,264.80 Tax (7.75%) $3,045.31 j Total $55,310.11 THEAM-1 OI?11), ,a►coR>o CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) �� 09/26/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements . PRODUCER 760-729-1143 PgDJACT Eric Dirk Tague Insurance Agency PHONE 760-729-1143 FAX 760-729-8617 150 E Broadway Ste A AIC, No, EXI : �Nc, Nod: Vista, CA 92084-6068 eirledStagueins.corn Steven Tague INSURED The Amergroup, Inc. DBA American Security Group 980 Park Center Dr J Vista, CA 92081 INSURER F : Arch Insurance Company 11150 The Hartford 29424 Mapfre Insurance Company 23876 COVFRAGFS CFRTIFICATE NUMBER REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE' OCCUR BAPKGO024105 07/31/2019 07/31/2020 EACH OCCURRENCE 1,000,000 DAMAGE TO RENTED$ 100,000 MED EXP Anyone person) $ 5,000 $ 1,000,000 NAL & ADV INJURY GEN'L AGGREGATE LIMIT APPLIES PER: I l X POLICY u JECT LOC 000 2,000,— GEN RAL AGGREGATE -F'-.--_.... . PRODUCTS=C MP! AG $OTHER 2,000,000 2,500 ded C AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Eaaacfrker if $ 1,000,U00 BODILY NJU Y. Per person)$ ANY AUTO 8004010005357 02/07/2019 02/07/2020 BODILY INJURY Per accident)$ OWNED SCHEDULED AUTOS ONLY %� AUTOS Ix PeraE�,,iRdT�DAMAGE Ep AURTOSONLY X AUTOS ONLY A UMBRELLA LIAB X OCCUR CH C ENCE 5,000,000 $ 5,000,000 X EXCESS LIAB CLAIMS -MADE BAFXS0016705 07/31/2019 07/31/2020 DED RETENTION $ -AGGREPATE B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? Fy] (Mandatory In NH) N / A 72WECAC6L88 01/21/2019 01I21I2020 X 1PER OTH- LEACHA ACCIDENT $ 1,000,000 EL_ DISEASE - EA EMPLOYEE 1,000,000 L E- P LI Y LIMIT 1,000,000 If yes, describe under DESC IF ON OF DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space isBy-Iftk MANAGEMENT DIVISION City of Santa Alta, Risk Management, its officers, employees, agents, representatives & volunteers are named as additional insured, coVeragae is � � 201 primary & non-contributory and waiver of subrogation apply per attached 1 endorsements. /n ? � 4LK_ F ANCINE R. VILLAREAL DER CITY081 City of Santa Ana Risk Management Division 20 Civic Center Plaza 4th FI Santa Ana, CA 92702 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Section II — Who Is An Insured is amended by adding the following: Any person(s) or organization(s) whose liability you have assumed under a valid written contract but only for that person(s) or organization(s) liability arising solely out of your operations. In no event, shall coverage afforded to any additional person(s) or organization(s) be broader than coverage for the Named Insured. Section I — Coverages, Coverage A Bodily Injury and Property Damage Liability, Paragraph 2., Exclusions is amended by adding the following: This insurance does not apply to: Any customer or a user of your goods or services who does not have a "standard contract'. 2. Person(s) or organization(s) who are contractors for whom you are a subcontractor or for whom you are otherwise providing services unless a "standard contract' has been effected. Services include but are not limited to leasing, maintaining, servicing, or monitoring of alarm systems. 3_ Person(s) or organization(s) who is a manager, owner or lessor of premises leased to you for: (a) "bodily injury" or "property damage" occurring after you cease to be a tenant; or (b) "bodily injury" or "property damage" of those acting on your behalf. 4. Person(s) or organization(s) who is an owner or lessor of leased equipment for: (a) "bodily injury" or "property damage" occurring after the equipment lease expires; or (b) "bodily injury" or "property damage" arising out of the sole negligence of the owner or lessor. 5. "Bodily injury" or "property damage" the person(s) or organization(s) has assumed from another person(s) ororganization(s) otherthan liabilitythe person(s) ororganization(s) would have had if it had not been assumed. All other terms and conditions of the Policy remain unchanged. REVIEWED & APPROVED By RISk MANAGEMENT DIVISION Off 16 2019 FRANCINE R. VILLAREAL 00 GL0486 00 07 08 Page 1 of 1 COMMERCIAL GENERAL LIABILITY CG 20 0104 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance (2) You have agreed in writing in a contract or Condition and supersedes any provision to the agreement that this insurance would be contrary: primary and would not seek contribution Primary And Noncontributory Insurance from any other insurance available to the This insurance is primary to and will not seek additional insured. contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and REVIEWED & APPROVED By Risk MANAGEMENT DIVisiON OCT 16 2019 FRANCINE R. VILLAREAL CG 20 01 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER RIGHTS OF RECOVERY AGAINST OTHERS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Person or Organization: THE PERSON, ORGANIZATION, TRUSTEE OR ESTATE TO WHOM YOU ARE OBLIGATED BY WRITTEN CONTRACT TO PROVIDE INSURANCE SUCH AS THAT AFFORDED BY THIS POLICY. Contract Number: Description of Project: Location of Project: We waive any right of recovery we may have against the person or organization designated in the Schedule as subject to this endorsement because of payments we make for injury or damage arising out of work you perform under a contract with the designated person or organization. The waiver applies only to the designated person or organization and the work you perform must be under the contract, and for the project and location, designated in the Schedule. All other terms and conditions of the Policy remain unchanged. REVIEWED & APPROVED By RI5k MANAGEMENT DIvISION 0 16 2019 FRANCINE R. VIL.LAREAL 00 GLO510 00 08 09 Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WORKERS' COMPENSATION BROAD FORM ENDORSEMENT EXTENDED OPTIONS Policy Number: 72 WEC AC61_88 Endorsement Number: Effective Date: 01/21/19 Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address: The Amergroup Inc 980 PARK CENTER DR STE J VISTA CA 92081 Section I of this endorsement expands coverage provided under WC 00 00 00. Section II of this endorsement provides additional coverage usually only provided by endorsement. Section III of this endorsement is a Schedule of Covered States. You may use the index to locate these coverage features quickly: SUBJECT SECTION I PARTS ONE and TWO 01 We Will Also Pay PART -THREE 02 How This Insurance Works PART - SIX 03 Transfer of Your Rights and Duties 04 Liberalization SECTION II VOLUNTARY COMPENSATION INSURANCE 05 Voluntary Compensation Insurance A. How This Insurance Applies B. We Will Pay C. Exclusions D. Before We Pay E. Recovery From Others F. Employers' Liability Insurance EMPLOYERS' LIABILITY STOP GAP ENDORSEMENT 06 Employers' Liability Stop Gap Coverage A. Stop Gap Coverage Limited to Montana, North Dakota, Ohio, Washington, West Virginia and Wyoming Form WC 99 03 03 B Printed in U.S.A. (Ed. 8/00) Process Date: 01/22/19 INDEX PAGE 2 2 2 2 2 2 2 2 2 2 2 2 3 3 3 3 3 3 3 3 SUBJECT B. Part One Does Not Apply C. Application of Coverage D. Additional Exclusions E. West Virginia EXTENDED OPTIONS 01 Employers' Liability Insurance 02 Unintentional Failure to Disclose Hazards 03 Waiver of Our Right to Recover from Others 04 Foreign Voluntary Compensation A. How This Reimbursement Applies B. We Will Reimburse C. Exclusions D. Before We Pay E. Recovery From Others F. Reimbursement For Actual Loss Sustained G. Repatriation H. Endemic Disease 05 Longshore and Harbor Workers' Compensation Act Coverage Endorsement SECTION III 01 Schedule of Covered States REVIEWED & APPROVEb By Risk MANAGEMENT DiViSiON PAGE 3 3 3 3 4 4 4 4 4 4 4 4 5 5 5 Tkn�Page 1 of 6 FRANCI r ate:01/21/20 © 2000, The Hartford Yt),,--U SECTION I PARTS ONE and TWO PART THREE 1. WE WILL ALSO PAY 2. How This Insurance Applies D. We Will Also Pay of Part One (WORKERS' Paragraph 4. of A. How This Insurance Applies of COMPENSATION INSURANCE); and Part 3 (Other States Insurance) is replaced by the following: E. We Will Also Pay of Part Two (EMPLOYERS' LIABILITY INSURANCE) is 4. If you have work on the effective date of this replaced by the following: policy in any state not listed in Item 3.A. of the Information Page, coverage will not be afforded We Will Also Pay for that state unless we are notified within sixty We will also pay these costs, in addition to days. other amounts payable under this insurance, as part of any claim, proceeding, or suit we PART SIX defend: 3. Transfer Of Your Rights and Duties 1. reasonable expenses incurred at our C. Transfer Of Your Rights and Duties of Part 6 request, INCLUDING loss of earnings; (Conditions) is replaced by the following: 2. premiums for bonds to release Your rights or duties under this policy may not be attachments and for appeal bonds in transferred without our written consent. bond amounts up to the limit of our liability under this insurance; If you die and we receive notice within sixty days 3. litigation costs taxed against you; after your death, we will cover your legal representative as insured. 4. interest on a judgment as required by law 4. Liberalization until we offer the amount due under this law; and If we adopt a change in this form that would broaden the coverage of this form without extra charge, the 5. expenses we incur. broader coverage will apply to this policy. It will apply when the change becomes effective in your state. SECTION II VOLUNTARY COMPENSATION ANDEMPLOYERS' 3. The bodily injury must occur in the United LIABILITY COVERAGE States of America, its territories or 5. Voluntary Compensation Insurance possessions, or Canada, and may occur elsewhere if the employee is a United States A. How This Insurance Applies or Canadian citizen, or otherwise legal This insurance applies to bodily injury by resident, and legally employed, in the United accident or bodily injury by disease. Bodily States or Canada and temporarily away from injury includes resulting death. those places. 1. The bodily injury must be sustained by 4. Bodily injury by accident must occur during any officer or employee not subject to the the policy period. workers' compensation law of any state 5. Bodily injury by disease must be caused or shown in Item 3.A. of the Information aggravated by the conditions of the Page. 2. The bodily injury must arise out of and in the course of employment or incidental to work in a state shown in Item 3.A. of the Information Page. Form WC 99 03 03 B Printed in U.S.A. (Ed. 8/00) Page 2 of l� officer's or employee's employment. The officer's or employee's last day of last exposure to the conditions causing or aggravating such bodily injury by disease must occur during the policy period. B. We Will Pay We will pay an amount equal to the benefits that would be required of you as if you and your employees were subject to the workers' compensation law of any state shown in Item 3.A. of the Information Page. We will pay those amounts to the persons who would be entitled to them under the law. C. Exclusion This insurance does not cover: 1. any obligation imposed by workers' compensation or occupational disease law or any similar law. 2. bodily injury intentionally caused or aggravated by you. 3. officers or employees who have elected not to be subject to the state workers' compensation law. 4. partners or sole proprietors not covered under the Standard Sole Proprietors, Partners, Officers and Others Coverage Endorsement. D. Before We Pay Before we pay benefits to the persons entitled to them, they must: 1. Release you and us, in writing, of all responsibility for the injury or death. 2. Transfer to us their right to recover from others who may be responsible for the injury or death. 3. Cooperate with us and do everything necessary to enable us to enforce the right to recover from others. If the persons entitled to the benefits of this insurance fail to do those things, our duty to pay ends at once. If they claim damages from you or from us for the injury or death, our duty to pay ends at once. E. Recovery From Others If we make a recovery from others, we will keep an amount equal to our expenses of recovery and the benefits we paid. We will pay the balance to the persons entitled to it. If the persons entitled to the benefits of this insurance make a recovery from others, they must reimburse us for the benefits we paid them. F. Employers' Liability Insurance Part Two (Employers' Liability Insurance) applies to bodily injury covered by this endorsement as though the State of Employment was shown in Item 3.A. of the Information Page. This provision 5. does not apply in New Jersey or Wisconsin. EMPLOYERS' LIABILITY STOP GAP COVERAGE 6. Employers' Liability Stop Gap Coverage A. This coverage only applies in Montana, North Dakota, Ohio, Washington, West Virginia and Wyoming. B. Part One (Workers' Compensation Insurance) does not apply to work in states shown in Paragraph A above. C. Part Two (Employers' Liability Insurance) applies in the states, shown in Paragraph A., as though they were shown in Item 3.A. of the Information Page. D. Part Two, Section C. Exclusions is changed by adding these exclusions. This insurance does not cover; 5. bodily injury intentionally caused or aggravated by you or in Ohio bodily injury resulting from an act which is determined by an Ohio court of law to have been committed by you with the belief than an injury is substantially certain to occur. However, the cost of defending such claims or suits in Ohio is covered. 13. bodily injury sustained by any member of the flying crew of any aircraft. 14. any claim for bodily injury with respect to which you are deprived of any defense or defenses or are otherwise subject to penalty because of default in premium under the provisions of the workers' compensation law or laws of a state shown in Paragraph A. E. This insurance applies to damages for which you are liable under West Virginia Code Annot. S 23- 4-2. Form WC 99 03 03 B Printed in U.S.A. (Ed. 8/00) Page 3 of 6 , EXTENDED OPTIONS 1. Employers' Liability Insurance 4. Foreign Voluntary Compensation and Employers' Item 3.13. of the Information Page is replaced by Liability Reimbursement the following: A. How This Reimbursement Applies B. Employers' Liability Insurance: This reimbursement provision applies to bodily 1. Part Two of the policy applies to work in injury by accident or bodily injury by disease. each state listed in Item 3.A. Bodily injury includes resulting death. 1. The bodily injury must be sustained by an The Limits of Liability under Part Two are officer or employee. the higher of: 2. The bodily injury must occur in the course of employment necessary or incidental to work Bodily Injury in a country not listed in Exclusion C.1. of this by Accident $500,000 Each Accident provision. 3. Bodily injury by accident must occur during Bodily Injury the policy period. by Disease $500,000 Policy Limit 4. Bodily injury by disease must be caused or aggravated by the conditions of your Bodily Injury employment. The officer or employee's last by Disease $500,000 Each Employee exposure to those conditions of your employment must occur during the policy OR period. B. We Will Reimburse 2. The amount shown in the Information We will reimburse you for all amounts paid by Page. you whether such amounts are: This provision 1 of EXTENDED OPTIONS does 1. voluntary payments for the benefits that not apply in New York because the Limits Of Our would be required of you if you and your Liability are unlimited. officers or employees were subject to any In this provision the limits are changed from workers' compensation law of the state of $500,000 to $1,000,000 in California. hire of the individual employee. 2. Unintentional Failure to Disclose Hazards 2. sums to which Part Two (Employers' Liability If you unintentionally should fail to disclose all Insurance) would apply if the Country of existing hazards at the inception date of your Employment were shown in Item 3.A. of the policy, we shall not deny coverage under this Information Page. policy because of such failure. C. Exclusions 3. Waiver of Our Right To Recover From Others This insurance does not cover: A. We have the right to recover our payments 1. any occurrences in the United States, from anyone liable for an injury covered by Canada, and any country or jurisdiction this policy. We will not enforce our right which is the subject of trade or economic against any person or organization for whom sanctions imposed by the laws or regulations you perform work under a written contract of the United States of America in effect as of that requires you to obtain this agreement the inception date of this policy. from us. 2. any obligation imposed by a workers' This agreement shall not operate directly or compensation or occupational disease law, indirectly to benefit anyone not named in the or similar law. agreement. 3. bodily injury intentionally caused or B. This provision 3. does not apply in the states aggravated by you. of Pennsylvania and Utah. Form WC 99 03 03 B Printed in U.S.A. (Ed. 8/00) Page 4 of 6 �o �IW 4. liability for any consequence, whether of America necessarily incurred as a direct result direct or indirect, of war, invasion, act of of bodily injury. Foreign enemy, hostilities (whether war Our reimbursement shall be limited as follows: be declared or not), civil war, rebellion, revolution, insurrection or military or 1. to the amount by which such expenses usurped power. No endorsement now or exceed the normal cost of returning the subsequently attached to this policy shall officer or employee if in good health, or be construed as overriding or waiving 2. in the event of death, to the amount by which this limitation unless specific reference is such expenses exceed the normal cost of made thereto. returning the officer or employee if alive and D. Before We Pay in good health. Before we reimburse you for the benefits to In no event shall our reimbursement exceed the the persons entitled to them, you must have bodily injury by accident limit shown in Item 3.13. them: of the Information Page as respects any one such officer or employee whether dead or alive. 1. release you and us, in writing, of all H. Endemic Disease responsibility for the injury or death, 2. transfer to us their right to recover from The word "disease" includes any endemic others who may be responsible for their diseases. injury or death, The coverage applies as if endemic diseases 3. cooperate with us and do everything were included in the provisions of the workers' necessary to enable us to enforce the compensation law. right to recover from others. 5. Longshore and Harbor Workers' Compensation If the persons entitled to the benefits paid fail Act Coverage to do these things, our duty to reimburse General Section C. Workers' Compensation Law ends at once. If they claim damages from us is replaced by the following: for the injury or death, our duty to reimburse C. Workers' Compensation Law ends at once. Workers' Compensation Law means the workers E. Recovery From Others or workers' compensation law and occupational If we make a recovery from others, we will disease law of each state or territory named in keep an amount equal to our expenses of Item 3.A. of the Information Page and the recovery and the benefits we reimbursed. Longshore and Harbor Workers' Compensation We will pay the balance to the persons Act (33 USC Sections 901-950). It includes any entitled to it. If persons entitled to the amendments to those laws that are in effect benefits make a recovery from others, they during the policy period. It does not include any must repay us for the amounts that we have other federal workers or workers' compensation reimbursed you. law, other federal occupational disease law or the F. Reimbursement for Actual Loss provisions of any law that provide Sustained nonoccupational disability benefits. This endorsement provides only for Part Two (Employers' Liability Insurance), C. reimbursement for the loss you actually Exclusions, exclusion 8, does not apply to work sustain. In order for you to recover loss or subject to the Longshore and Harbor Workers' expenses under this reimbursement you Compensation Act. must: This coverage does not apply to work subject to 1. actually sustain and pay the loss or the Defense Base Act, the Outer Continental expense in money after trial, or Shelf Lands Act, or the Nonappropriated Fund Instrumentalities Act. 2. secure our consent for the payment of the loss or expense. G. Repatriation Our reimbursement includes the additional expenses of repatriation to the United States Form WC 99 03 03 B Printed in U.S.A. (Ed. 8/00) Page 5 of G �1 SECTION III 1. SCHEDULE OF COVERED STATES A. This endorsement only applies in the states listed in this Schedule of Covered States. C. Schedule of Covered States: CA Countersigned by B. If a state, shown in Item 3.A. of the Information Page, approves this endorsement after the effective date of this policy, this endorsement will apply to this policy. The coverage will apply in the new state on the effective date of the state approval Authorized Representative Form WC 99 03 03 B Printed in U.S.A. (Ed. 8/00) Page 6 of 6 /k� VAVA L IMIP APFRF I INSURANCE' COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ENHANCER PLUS ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the BUSINESS AUTO COVERAGE FORM and the ENHANCED COVERAGE ENDORSEMENT CA 957 apply unless modified by this endorsement. For any coverage listed below, this endorsement supersedes the BUSINESS AUTO COVERAGE FORM and/or the ENHANCED COVERAGE ENDORSEMENT CA 957. Coverages are not cumulative. A. EMPLOYEE HIRED AUTO Under SECTION II — LIABILITY COVERAGE, A.1., Who Is An Insured, is amended by adding the following paragraph: g. When hired "autos" are covered for Liability Coverages under the Business Auto Coverage Form, an "employee" of yours is an "insured" while operating an "auto" hired or rented under a contract or agreement in that "employee's" name, with your permission, while performing duties related to the conduct of your business. B. COVERAGE EXTENSIONS - SUPPLEMENTARY PAYMENTS Under SECTION II — LIABILITY COVERAGE, A.2., Coverage Extensions, a. Supplementary Payments, paragraphs (2) and (4) are replaced by the following: (2) Up to $3,000 for cost of bail bonds (including bonds for related traffic law violations) required because of an "accident" we cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the "Insured" at our request, including actual loss of earning up to $500 a day because of time off from work. C. AMENDED FELLOW EMPLOYEE EXCLUSION Under SECTION II — LIABILITY COVERAGE, B.5., Fellow Employee, is amended by adding the following: This exclusion does not apply if the "bodily injury" arises from the use of a covered "auto" you own or hire. This coverage is excess over any other collectible insurance. D. TOWING AND LABOR Under SECTION III — PHYSICAL DAMAGE COVERAGE, A.2., Towing is amended to the following: We will pay towing and labor costs incurred, up to the limit shown below, each time a covered "auto" of the private passenger type or truck with a gross vehicle weight of 12,000 pounds or less is disabled by a cause other than Collision. However, the labor must be performed at the place of disablement. The most we will pay is $100 per disablement. E. PHYSICAL DAMAGE — EXTENDED TRANSPORTATION EXPENSES CA 133 (01/16) Includes Copyrighted Material of Insurance Services Office, Inc., with its permission. © Insurance Services Office, Inc., 2009 Under SECTION III - PHYSICAL DAMAGE COVERAGE, AA., Coverage Extensions, a., Transportation Expenses is replaced by the following: a. Transportation Expenses We will pay up to $75 per day to a maximum of $1,500 for temporary transportation expenses incurred by you because of a total theft of a covered "auto" of the private passenger type or a truck with a gross vehicle weight of 12,000 pounds or less. We will pay only for those covered "autos" for which you carry Comprehensive and Collision Coverage. We will pay for temporary transportation expenses incurred during the period beginning 24 hours after the theft and ending, regardless of the policy's expiration, when the covered "auto" is returned to use or we pay for its "loss" or the exhaustion of the coverage limit. If the temporary transportation expense incurred arises from your rental of an "auto" of the private passenger type or a truck with a gross vehicle weight of 12,000 pounds or less, the most we will pay is the amount it costs to rent an "auto" which is of like kind and quality as the covered "auto". If you choose not to rent an auto, we will reimburse you up to the same amounts for other alternative transportation expenses. F. RENTAL REIMBURSEMENT COVERAGE 1. We will pay up to $75 per day for rental reimbursement expenses, not including any mileage or gasoline charges, incurred by you for the rental of an "auto" of equivalent type and purpose because of "accident" or "loss", to a covered "auto" of the private passenger type or a truck with a gross vehicle weight of 12,000 pounds or less. We will pay only for those covered "autos" for which you carry Comprehensive and Collision Coverage. Such payment applies in addition to the otherwise applicable amount of physical damage coverage you have on a covered "auto". No deductibles apply to this coverage. 2. We will pay only for those expenses incurred during the policy period beginning 24 hours after the "loss" and ending, regardless of the policy's expiration, with the earlier of the repair or replacement of the covered "auto", or the exhaustion of the coverage limit. 3. Our payment is limited to the lesser of the following amounts: a. Necessary and actual expenses incurred; or b. $75 per day with a maximum of $1,500 in any one period. 4. This coverage does not apply while there are spare or reserve autos available to you for your operations. 5. If a covered "loss" results from the total theft of a covered "auto" of the private passenger type, we will pay under this coverage only that amount of your rental reimbursement expenses which is not already provided for under Paragraph A.4. Coverage Extensions of SECTION III — PHYSICAL DAMAGE COVERAGE of the Business Auto Coverage Form or Section E. of this endorsement. G. HIRED AUTO PHYSICAL DAMAGE — LOSS OF US�E Under SECTION III — PHYSICAL DAMAGE COVERAGE, Paragraph AA., Coverage Extensions b. Loss of Use Expenses is amended as follows: However, the most we will pay for any expenses for loss of use is $75 per day subject to a maximum limit of $1,200. H. HIRED AUTO PHYSICAL DAMAGE COVERAGE Under SECTION III — PHYSICAL DAMAGE COVERAGE, Paragraph AA is amended as follows: c. Hired Auto Physical Damage CA 133 (01/16) Includes Copyrighted Material of Insurance Services Office, Inc., with its permission. © Insurance Services Office, Inc., 2009 Page 2 of 5 1� Comprehensive and Collision Coverages are extended to "autos" you, your partner (if you are a partnership), a member (if you are a limited liability company), or your "employee" lease, hire, or rent without a driver, for the purpose of conducting your business. 1. This coverage does not apply unless: a. Hired "autos" are covered for Liability Coverages under the Business Auto Coverage Form, b. Comprehensive and Collision coverages are provided under the Business Auto Coverage Form for an "auto" you own or lease, c. The leased, hired, or rented "auto" is the subject of a written contract in the name of the insured for a period of 30 days or less and requires that you provide Comprehensive and/or Collision coverage; and d. The weight of the leased, hired, or rented, "auto" does not exceed 26,000 pound gross combined vehicle weight. 2. The most we will pay for `loss" to any leased, hired, or rented "auto" in any one "accident' is the lesser of: a. The actual cash value of the damaged or stolen property as of the time of 'loss' b. The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality; or c. $50,000 per vehicle. 3. Our obligation to pay for repairing or replacing the damaged or stolen property will be reduced by a $500 deductible. 4. The most we will pay is $100,000 annual aggregate for losses within the applicable policy period as shown in the Declarations. 5. An adjustment for depreciation and physical condition will be made in determining actual cash value in the event of a total 'loss". 6. If a repair or replacement results in better than like kind or quality, we will not pay for the amount of the betterment. I. AUTO LOAN/LEASE GAP COVERAGE Under SECTION III — PHYSICAL DAMAGE COVERAGE, Paragraph AA., Coverage Extensions, the following is added: d. Auto Loan/Lease Gap Coverage In the event of a total 'loss" to a covered "auto" you own or lease, we will pay any unpaid amount due on the loan or lease for a covered "auto," less: 1. The amount paid under the Physical Damage Coverage Section of the policy; 2. The applicable deductible; and 3. Any: a. Overdue loan/lease payments, penalties, taxes, interest or charges resulting from overdue payments or lease termination fees at the time of the 'loss'; b. Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; c. Security deposits not returned by the lessor; d. Costs for extended warranties, Credit Life Insurance or any other insurance purchased with the loan or lease; e. Carry-over balances from previous loans or leases or increases to your loan balance occurring after the date of purchase, and f. Amount by which your original loan balance exceeded the overall purchase or lease price of your covered "auto". CA 133 (01/16) Includes Copyrighted Material of Insurance Services Office, Inc., with its permission. © Insurance Services Office, Inc., 2009 Page 3 of 5 �q` Coverage is limited to "new vehicles" of the private passenger type and "new trucks" with a gross vehicle weight of 12,000 pounds or less. We will pay only for those covered "autos" for which you carry Comprehensive and Collision Coverages. "New vehicles" and "new trucks" mean one which is 5 model years old or less. J. COMMUNICATIONS EQUIPMENT COVERAGE Under SECTION III — PHYSICAL DAMAGE COVERAGE, Paragraph AA., Coverage Extensions, the following is added: e. Communications Equipment Coverage 1. We will pay, with respect to a covered "auto" you own or lease, for "loss" to any electronic equipment that receives or transmits audio, visual or data signals and that is not designed solely for the reproduction of sound. This coverage applies only if the equipment is PERMANENTLY INSTALLED in the covered "auto" at the time of the "loss". Equipment that is removable from a housing unit which is permanently installed in the covered "auto" and such equipment is designed to be solely operated by use of the power from the "auto's" electrical system, in or upon the covered "auto", is considered permanently installed. 2. We will pay, with respect to a covered "auto" you own or lease, for "loss" to any accessories used with the electronic equipment. However, this does not include tapes, records or discs. 3. We will pay only for the equipment permanently installed in a covered "auto" for which you carry Comprehensive and Collision Coverages. 4. The most we will pay for all "loss" to audio, visual or data electronic equipment and accessories used with this equipment as a result of any one "accident" is the lesser of: a. The actual cash value of the damaged or stolen property as of the time of the "loss"; b. The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality; or c. $1,500. A $250 deductible applies to this coverage. K. SIGN COVERAGE Under SECTION III - PHYSICAL DAMAGE COVERAGE, A.4., Coverage Extensions, the following is added: f. Signs We will pay for loss to signs, murals, paintings or graphics which are displayed on a covered "auto" you own or lease for which you carry Comprehensive and Collision Coverages. The most we will pay for "loss" in any one "accident" is the lesser of: a. The cost of repairing or replacing the damaged or stolen sign with other property of like kind and quality; or b. $2,000. A $250 deductible applies to this coverage. L. WAIVER OF COLLISION DEDUCTIBLE Under SECTION III — PHYSICAL DAMAGE COVERAGE, D., Deductible, the following is added: The deductible amount shown on the Declarations for Collision Coverage does not apply to "loss" to any "auto" if: 1. That "auto" was legally parked when struck by another "auto" owned by an identified person. 2. That "auto" was struck in the rear by another "auto" moving in the same direction and owned by an identified person. 3. The operator of the other "auto" was convicted of any of the following violations: a. Operating under the influence of alcohol, marijuana, or a narcotic drug. b. Driving the wrong way on a one-way street. CA 133 (01/16) Includes Copyrighted Material of Page 4 of 5 Insurance Services Office, Inc., with its permission. ` © Insurance Services Office, Inc., 2009 �ti c. Operating at an excessive rate of speed. d. Any similar violation of any similar law of another state in which the accident occurs. However, we will not pay if the operator of the "auto" insured under this Coverage was also convicted of one of the violations. 4. You are entitled to recover in court against an identified person for some reason other than those listed above. M. AMENDED DEFINITION OF BODILY INJURY Under SECTION V — DEFINITIONS, C., Bodily Injury is amended to include the following: "Bodily Injury" means bodily injury, sickness or disease sustained by a person, including mental anguish or death resulting from any of these. Mental anguish damages are considered the direct result of and payable only to the person who sustains the physical injury. N. ADDITIONAL INSURED - PRIMARY AND NONCONTRIBUTORY WITH OTHER INSURANCE The following is added to Paragraph B.5. Other Insurance of SECTION IV — BUSINESS AUTO CONDITIONS and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: a. The additional insured is a Named Insured under such other insurance; b. You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance up to our limit of coverage available to the additional insured for liability arising out of your operations; and c. The written contract or agreement is executed prior to an "accident" that causes "bodily injury' or "property damage" and is in effect during the policy period. CA 133 (01/16) Includes Copyrighted Material of Insurance Services Office, Inc., with its permission. © Insurance Services Office, Inc., 2009 Page 5 of 5 W1l4PFRE I INSURANCE' THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY ENHANCED COVERAGE ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the BUSINESS AUTO COVERAGE FORM apply unless modified by the endorsement. A. BROAD FORM NAMED INSURED SECTION II - LIABILITY COVERAGE, A.1., Who Is An Insured is amended by adding the following paragraph: d. Any business entity newly acquired or formed by you during the policy period provided you own 50% or more of the business entity and the business entity is not otherwise insured for Business Auto Coverage. Coverage is extended up to a maximum period of 180 days following completion of acquisition or the legal formation of the business entity. B. EMPLOYEES AS ADDITIONAL INSURED SECTION II - LIABILITY COVERAGE, A.1., Who Is An Insured is amended by adding the following paragraph: e. An "employee" of yours is an "insured" while using a covered "auto" you do not own, hire or borrow in your business or your personal affairs. C. ADDITIONAL INSURED BY CONTRACT Under SECTION II — LIABILITY COVERAGE, A.1., Who Is An Insured is amended by adding the following paragraph: f. Any person or organization, with whom you have a written contract, but only for "bodily injury" or "property damage" resulting from the acts or omissions of: 1. You, while using a covered "auto." 2. Any other person, while using a covered "auto" with your permission. D. COVERAGE EXTENSIONS - SUPPLEMENTARY PAYMENTS SECTION II - LIABILITY COVERAGE, A.2. Coverage Extensions, a. Supplementary Payments, paragraphs (2) and (4) are replaced by the following: (2) Up to $2,500 for cost of bail bonds (including bonds for related traffic law violations) required because of an "accident" we cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the "Insured" at our request, including actual loss of earning up to $300 a day because of time off from work. E. LIMIT OF INSURANCE With respect to this endorsement, SECTION II - LIABILITY COVERAGE, C. Limit Of Insurance is amended by adding the following: 1. The insurance provided by this endorsement is excess over any other collectible insurance available to you. REVIEWED & APPROVED CA 957 11 13 By Risk MANAffter* Y113SiON Includes Copyrighted Material of Insurance Services Office, Inc., with its permission. Copyright, Insurance Services Office, Inc., 2001 CT �16 �2019 FRANCINE R. VILLAREAL F. PHYSICAL DAMAGE - TRANSPORTATION EXPENSE SECTION III - PHYSICAL DAMAGE COVERAGE, A.4. Coverage Extensions a. Transportation Expenses is replaced by the following: We will pay up to $30 per day to a maximum of $900 for temporary transportation expense incurred by you as a result of a total theft of a covered "auto" of the private passenger type. We will pay only for covered "autos" for which you carry Comprehensive or Specified Causes of Loss Coverage. We will pay for temporary transportation expenses incurred during the period beginning 48 hours after the theft and ending, regardless of policy expiration, when the covered "auto" is returned to use or we pay for its 'loss". If the temporary transportation expense incurred arises from your rental of an "auto" of the private passenger type, the most we will pay is the amount it costs to rent an "auto" of the private passenger type which is of the same like kind and quality as the stolen covered "auto". G. HIRED AUTO PHYSICAL DAMAGE — LOSS OF USE SECTION III — PHYSICAL DAMAGE COVERAGE, A.4. Coverage Extensions b. Loss of Use Expenses is amended as follows: However, the most we will pay for any expenses for loss of use is $65 per day subject to a maximum limit of $975. H. PERSONAL EFFECTS COVERAGE SECTION III - PHYSICAL DAMAGE COVERAGE, A. Coverage is amended by adding the following: 5. Personal Effects The most we will pay is up to $400 for loss of wearing apparel and other personal effects which are: a. owned by an "insured"; and b. in or on your covered "auto". This coverage applies only in the event of a total theft of your covered "auto", or a total loss caused by fire, windstorm, vandalism or flood. We will pay only for covered "autos" for which you carry either Comprehensive or Specified Causes of Loss Coverage. No deductibles apply to this coverage. I. AIRBAG COVERAGE SECTION III - PHYSICAL DAMAGE COVERAGE, B. Exclusions, paragraph 3.a. is replaced by the following: a. Wear and tear, freezing, mechanical or electrical breakdown. The mechanical breakdown exclusion does not apply to the repair of an airbag due to accidental discharge. J. NOTICE OF AND KNOWLEDGE OF OCCURRENCE SECTION IV - BUSINESS AUTO CONDITIONS, A.2. Duties In The Event Of Accident, Claim, Suit Or Loss, paragraph a. is amended by adding the following: Your duty to give us or our authorized representative prompt notice of the "accident" or "loss" applies only when the "accident' or "loss" is known to: 1. You, if you are an individual; �n A0)JR0,41CO 2. any partner, if you are a partnership; or �"�vl�V'r �tsG�M�` 3. any executive officer or insurance manager, if you area car �4s�, Nl 2��9 CA 957 11 13 �E�L Includes Copyrighted Material of Insurance Services Office, Inc., with its permissi n CC Copyright, Insurance Services Office, Inc., 2001 �RANG� K. BLANKET WAIVER OF SUBROGATION SECTION IV - BUSINESS AUTO CONDITIONS, A.5. Transfer Of Rights Of Recovery Against Others To Us is amended by adding the following: We waive any right of recovery we may have against any person or organization because of payments we make for "bodily injury" or "property damage" arising out of the operation of a covered "auto" when you have assumed liability for such "bodily injury" or "property damage" under an insured contract. L. UNINTENTIONAL ERRORS OR OMISSIONS; OR FAILURE TO DISCLOSE HAZARDS SECTION IV - BUSINESS AUTO CONDITIONS, B. General Conditions, 2. Concealment, Misrepresentation Or Fraud, is amended by adding the following: The unintentional omission of, or unintentional error in, any information given by you shall not prejudice your rights under this insurance. However this provision does not affect our right to collect additional premium or exercise our right of cancellation or non -renewal. M. HIRED CAR - WORLDWIDE COVERAGE TERRITORY SECTION IV - BUSINESS AUTO CONDITIONS, B. General Conditions, 2. Policy Period, Coverage Territory is amended by adding the following: We will pay all sums an "Insured" legally must pay as damage because of "bodily injury" or "property damage" to which this insurance applies, caused by an "accident" which occurs outside the United States of America, the territories and possessions of the United States of America, Puerto Rico and Canada resulting from the operation, maintenance, or use of any covered "auto" of the private passenger type you lease, hire, rent or borrow without a driver for 30 days or less. With respect to any claim made or "suit' instituted outside the United States of America, the territories and possessions of the United States of America, Puerto Rico and Canada: (1) You shall undertake the investigation, settlement and defense of such claims and "suits" and keep us advised of all proceedings and actions; (2) You will not make any settlement without our consent; and (3) We will reimburse you for: (a) the amount of damages because of liability imposed upon you by law on account of "bodily injury" or "property damage" to which this policy applies; (b) all reasonable expenses incurred with our consent in connection with the investigation, settlement or defense of such claims or "suits'; and Our reimbursement obligation for the sum of all damages imposed on you and expenses incurred by you shall be limited to the amount stated in the policy as the applicable limit of our liability for damages. REVIEWED & APPROVED By WSk MANAGEMENT I71V1510N T 019 CA 957 11 13 ,NCIN If ftfAVEAL Includes Copyrighted Material of Insurance Services Office, Inc., with its perm Copyright, Insurance Services Office, Inc., 2001 1W-, arlF.FdCaN SECOR17Y GROUP The eye of MR eagle 980 Park Center Drive Suite J I Vista I CA 192081 1 760.727.,1020 October 11th, 2019 County of Santa Ana Risk Management Division 20 Civic Center Plaza 41h Floor Santa Ana, CA 92702 Attention: Risk Management Subject: E/OInsurance American Security Group ("ASG") confirms that ASG will not be hiring a professional for the Santa Ana Zoo Turnstile project (RFP No. 19-065) awarded to ASG by the City of Santa Ana. American Security Croup Date: 9-30-2019 Signature Chase Keene Printed Name 1 I P i." g g�vR k 1i11ANAG�m� BRAN i. its of ";afitz, r,,o 119-065 This proposal includes confidential and proprietary data that shall not be duplicated, used, or disclosed - in whole or in part - for any purpose other than to evaluate this proposal.