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SUNSERI'S
0 RANCE NOT ON FILE A-2020-206 �0`\ AWORKMAYhQ: PROCEED CLERK OF COUNCIL DATE: \\/20/ZOX-1 tan ' BEVERAGE SERVICE CONCESSION AGREEMENT AND NON-EXCLSUIVE i I CSA t Swlcl U3�S LICENSE TO USE CONCESSION AREA THIS AGREEMENT is made and entered into on this 20th day of October, 2020 by and between Edward Walter Sunseri, Jr., a sole proprietor, doing business as, Sunseri's with its principal place of business located in El Monte, California, ("Concessionaire"), and 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"). RECITALS A. City issued Request for Proposal ("RFP") No. 20-028 on May 19, 2020 for alcoholic beverage concession services at the Santa Ana Zoo ("Zoo"). B. Concessionaire submitted a proposal in response to the RFP and City staff recommends that a Concession Agreement be executed with Concessionaire to provide alcoholic beverage concessions consisting of beer, wine and spirits at the Zoo. C. Concessionaire represents that Concessionaire is able and willing to provide such services to the City. D. In undertaking the performance of this Agreement, Concessionaire represents that it is knowledgeable in its field and that any services performed by Concessionaire under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional concessionaire 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 A. Concessionaire is granted the exclusive right and has the obligation to provide alcohol -pouring services during typical, published zoo operating hours pursuant to a schedule determined by City with input from Concessionaire. B. Concessionaire may also sell sodas and bottled water. C. The Concession Area shall be located in the Caf6 Area as illustrated in Exhibit A with the exact location to be determined by City with input from Concessionaire. City will make the final determination. D. The design of the bar and any mobile or temporary bars shall be similar to the examples set forth in Exhibit B and subject to final approval by City. E. Concession services will begin pursuant to this Agreement on January 1, 2021 unless a later date is agreed upon in writing by the City's Executive Director of Parks, Recreation and Community Services Agency ("Director"). Pursuant to this Agreement, Concessionaire has a non-exclusive license to use the Concession Area as agreed herein. 1) All concession services shall be performed in the highest professional manner, and in accordance with the current industry standards. Unless the means or methods of performing a task are specified elsewhere by the City, Concessionaire shall employ methods that are generally accepted and used by the industry. 2) The Concessionaire must, at its sole expense, secure and comply with all requirements for licensure by the California Department of Alcohol and Beverage Control ("ABC"). Concessionaire must secure the appropriate license type for the services provided pursuant to this Agreement from the ABC for beer, wine and spirits no later than March 1, 2021 unless a later date is agreed upon in writing by the City's Director. 3) Concessionaire and its employees must exercise prudent, reasonable and experienced judgment in the serving of alcoholic beverages. The ultimate responsibility for serving alcoholic beverages rests with the Concessionaire. 4) Concessionaire shall work with City's contractor for the Zoo Cafe as necessary to ensure compliance with any ABC requirements and regulations for simultaneous service of food and alcoholic beverages. E. Concessionaire shall have the right to provide alcohol beverage services during special events with approval of the Director or the Director's designee and subject to the fees set forth in Section 4E and the compensation provisions of Section 2 of this Agreement. F. Concessionaire has the exclusive right to provide alcohol beverage services for private rentals of the Zoo except for fundraising events managed by Friends of Santa Ana Zoo ("FOSAZ"), which shall retain the right to provide alcohol beverage services to fundraising events through other providers. 1) Concession services at private rentals shall be subject to the fees in Section 4E and the compensation provisions of Section 2 of this Agreement. 2) Private rentals are booked through FOSAZ pursuant to an Agreement with the City. 2. COMPENSATION A. Concessionaire will pay to City twenty (20) percent of gross sales before sales tax for beverage pouring during regular business hours for each month by the 28`h day of the next month. B. For a cash bar used for private events, Concessionaire will pay to the City, twenty (20) percent of any fees (setup, extra bartenders, etc.) and twenty (20) percent of all gross sales before sales tax for each event for each month by the 28°i day of the next month. C. Attached hereto as Exhibit C is a sample calculation of the twenty percent for both beverage pouring and private events. D. Payments not made by the due date, will be considered late and a 5% late fee will be assessed. E. All payments made pursuant to this Agreement, shall be made payable to "City of Santa Ana" and delivered to the following address: Executive Director of Finance City of Santa Ana 20 Civic Center Plaza P.O. Box 1988 Santa Ana, California 92701 3. TERM This Agreement shall commence on the date first written above and shall end on December 31, 2025 with the option for the City to grant up to two, three-year renewals, exercisable by a writing signed by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 19, below. 4. OPERATION OF CONCESSIONS A. Concessionaire shall provide all small ware replacements, portable bars, and mobile concession carts subject to approval by the City. All equipment purchased by the Concessionaire shall be new and of modern design and subject to approval by the City, to provide professional service consistent with industry standards for at least 400 people. B. Concessionaire must be capable of providing alcoholic beverage service near the Zoo Cafe as illustrated in Exhibit A in a to be designated Concession Area where permanent food service is offered. C. Temporary stands may be operated for other areas with the Zoo Manager's approval. Potential temporary stand locations are illustrated in the attached Exhibit A. Concessionaire shall be responsible for providing set up, moving and dismantling of temporary stands when needed. D. Concessionaire shall comply with all applicable federal, state and local health orders in effect during the term of this Agreement. This includes any COVID-19 guidance including but not limited to guidance applicable to concession providers or service of alcoholic beverages. E. Fees for Sale of Alcoholic Beverages. Operator shall be allowed to establish fees and/or a price list for sale of alcoholic beverages subject to the ultimate final approval of the City Council by way of approval of the City's Miscellaneous Fee Schedule. These fees shall also be subject to the approval of the City's Director and listed in the City's Resolution of fees, which is published with the annual budget on or about July of every year. Any request to change the fee structure will require prior written approval of the City's Director, approval by the City Council and must be in compliance with any applicable law. Attached hereto and marked as Exhibit D is Concessionaire's current price list. F. Concessionaire must accept both cash and credit cards as payment methods. G. Concessionaire will have an onsite manager present while beverage concessions are open and will oversee beverage concessions staff. H. Concessionaire will have 1-2 bartenders at each concession location that is open. I. All portable displays needed for outdoor events including signboards and signage is the responsibility of the Concessionaire. Concessionaire shall provide the labor for moving, set-up and breakdown of temporary refreshment stands. The Zoo Manager will determine placement and appropriateness of temporary standards, signage and signboards. Staffing levels and hours of operation for concessionaire's services will require approval of the Zoo Manager. K. Concessionaire shall post in a conspicuous place at each bar and/or concessions stand a complete list of prices of all items offered for sale. The style and size of these signs shall be subject to the prior approval of the Zoo Manager. L. All decorations and props must be flame retardant. Items cannot be attached to buildings (inside or outside) without prior approval by the Zoo Manager. M. Concessionaire shall not use any City logo, the City seal, or place "The City of Santa Ana" or the "Santa Ana Zoo" on any beverage containers, napkins, or other item utilized to provide services pursuant to this Agreement. Concessionaire may place a generic logo (such as an animal) on their beverage containers subject to City approval. N. Concessionaire shall serve product from local Santa Ana breweries and offer it at rentals in addition to typical domestic and imported selections. O. Concessionaire will provide its own vehicle for the transportation of beverages and equipment. The City must approve vehicle and it must meet all requirements of the State of California, Department of Motor Vehicles and maintain adequate insurance. Upon termination or expiration of this Agreement, Concessionaire shall restore the Concession Area within thirty (30) days of the date of termination or expiration to its original condition at the time this Agreement was fully executed, normal wear and tear expected. The parties will memorialize in writing and with a picture(s) the condition of the Concession Area prior to Concessionaire's placement or construction of its concession stand. Any restoration work will require City review and approval. 5. BEVERAGESTANDARDS A. Concessionaire shall maintain beverage preparation and service standards that meet or exceed the following minimum standards: 1) Beverage preparation and serving safety shall use industry's best practices and follow all federal, state and county regulatory guidelines for food preparation and serving. 2) Beverage presentation and appearance shall be appealing to customers. 3) Beverage servers shall always maintain a professional appearance. 4) All serving stands shall be kept clean. This includes before, during, and after events or daily use. 5) Concessionaire shall provide ongoing training in food service and safe food handling to its employees on a regular basis and shall provide the City documentation of said training immediately upon request. B. The Concessionaire must use eco-friendly serving ware single -use products in the operation of the concessions. Examples include compostable bamboo cups or compostable corn plastic cups. The Concessionaire must not use single -use plastic straws, stirrers, and picks. C. The Concessionaire may serve product from glass bottles but may not provide glass bottles to the public due to safety concerns/standing prohibition of glass use at the Zoo. D. The Concessionaire must maintain all alcoholic products in a locked and secured area when not immediately attended by staff. Concessionaire and its employees shall maintain inventory of all alcoholic beverages on site. All inventory shall be counted at opening and accounted for at closing. To the extent that any alcohol is unaccounted for, Concessionaire will report that information to the Zoo Manager immediately. 6. MAINTENANCE AND FACILITIES A. Maintenance on major equipment owned by the City will be maintained by the City. B. Any equipment brought on site by the Concessionaire must be approved in writing before it is brought on site. The Concessionaire shall, at its own expense, keep in good condition all equipment and small wares used in performance of its duties, including: maintenance or repair necessitated by ordinary wear and tear, and repairs to any damage sustained to Concessionaire's use areas of the facilities and its structures. The Concessionaire shall replace equipment necessary to the proper function of the operation that cannot be repaired. The replacement or addition of equipment will first be discussed with the City to determine the responsibility of cost and feasibility of location. C. Concessionaire agrees to maintain designated Concession Areas. The cleaning of the bar and storage areas and any other equipment is the sole responsibility of the Concessionaire. Concessionaire shall keep the Concession stand and the four -foot perimeter surrounding the concession stand free of and clear of rubbish, debris and litter at all times. If the City staff must clean the bar areas after the Concessionaire has been the sole user of said areas, Concessionaire will be charged cleaning fees at rate of $50 per labor hour. D. Concessionaire will provide trash bins and will be able to dispose of our trash in the Zoo's trash bins at the end of each day and after events. E. Concessionaire shall be responsible for the proper recycling of any recyclable materials utilized. TRAINING AND STAFF A. Concessionaire must have defined operational procedures and provide ongoing training to staff in efficient and effective service to customers. B. Concessionaire will provide at a minimum the following training: 1) Sensitivity/Diversity training 2) Sexual harassment training 3) OSHA training 4) Food handling training 5) RBS (Responsible Beverage Service) Training C. Concessionaire shall provide uniforms and visible identification for its employees while working at the Zoo subject to approval of the City's Director. An example of the uniform style is attached hereto and marked as Exhibit E. For private events, Concessionaire will have the option of wearing black button -up shirts and black pants. D. Concessionaire shall maintain a current employee manual that addresses all customer service and food/beverage-handling training programs. Copies shall be readily available for review by City staff. E. Concessionaire and its employees shall immediately report to City any accident causing property damage or injury to persons in the Concession Area or otherwise related to the Concession use. Such report shall contain the names and addresses of the involved parties, a statement of the circumstances, the date and time of the accident, the names and addresses of any witnesses, and any other pertinent information. F. The City shall have the right to recommend the discharge of any Concession employee for, but not limited to, the following reasons: l) Theft and/or vandalism. 2) Sexual harassment. 3) Use of abusive or profane language. 4) Substance and/or alcohol abuse. 5) Any other conduct deemed by the City to be contrary to the best interests of the City. 8. CITY'S RIGHTS AND OBLIGATIONS A. The City of Santa Ana will not require a Conditional Use Permit ("CUP") for alcohol sales at the Santa Ana Zoo, 1801 E. Chestnut Ave. Santa Ana, CA 92701. The City will provide written confirmation of Concessionaire's right to sell alcoholic beverages at the zoo and that a CUP is not required for Concessionaire to submit to the ABC. B. The City will maintain the water, natural gas, electrical and sewer lines except in cases where the Concessionaire's direct negligence causes major maintenance repair expense. Should the Concessionaire require additional utility capacity and/or outlets beyond those provided the cost of such installation and hookups will be at the Concessionaire's expense after required City approval. C. City will provide a minimum 90-day notice for any changes to food service operations at the Zoo provided through other agreements. D. The City's Internal Auditor may review the Concessionaire operation periodically to assure compliance with the Agreement between Concessionaire and City. E. Due to special considerations resulting from operations at a Zoo facility, including but not limited to, considerations for Zoo animal safety, special restrictions may be necessary as far as items sold, food packaging, and the location(s) of service. F. The City will pay utilities, which includes water, gas and electricity. G. City may at all times enter and inspect the Concession Area and any temporary or mobile bars. 9. ANNUAL AUDIT A. Within ninety (90) days of the end of the fiscal year, Concessionaire will provide to the City a statement of its total gross revenues for the past fiscal year or portion thereof as applicable. The financial report shall be prepared by an accounting firm approved by the City's Executive Director of the Finance and Management Agency. Said report will comply with Government Accountability Standards. B. If such audit reveals that there was an underpayment of monthly gross receipts due to City pursuant to this Agreement, Concessionaire will pay to City the amount of the underpayment within sixty (60) days of the date of the final accounting report. If such audit reveals overpayment of monthly gross receipts paid to the City pursuant to this Agreement, Concessionaire will notify City in writing within sixty (60) days of the date of the final accounting report and any overpayment will be credited to Concessionaire for any obligation under this Agreement which is due or coming due. Ifthe Agreement has expired or been terminated, then City will pay the amount of overpayment to Concessionaire within sixty (60) days of the date City is notified of the overpayment in writing. C. Concessionaire acknowledges that all financial reports prepared pursuant to this Agreement and submitted to the City will become a public record pursuant to California Government Code section 6250 et seq., subject to any applicable exemption. D. Concessionaire will maintain all financial records related to the services provided pursuant to this Agreement including but not limited to, gross receipts, sales tax figures, and business income tax information for the life of this Agreement plus five (5) years. Upon reasonable request, City will have the right to review said records. This right extends beyond termination or expiration of this Agreement. 10. INDEPENDENT CONTRACTOR Concessionaire and any employees thereof 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 Concessionaire performs the services which are the subject matter of this Agreement; however, the services to be provided by Concessionaire shall be provided in a manner consistent with all applicable standards and regulations governing such services. Concessionaire 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. 11. INSURANCE Prior to undertaking performance of work under this Agreement, Concessionaire shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: A. Commercial General Liability Insurance. Concessionaire 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 without any exclusion for claims of sexual molestation, resulting from any act or occurrence arising out of Concessionaire'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, with $2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, 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 insureds 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. C. Worker's Compensation Insurance. In accordance with the provisions of Section 3700 of the Labor Code, Concessionaire, if Concessionaire 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, Concessionaire agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. D. Liquor Liability Insurance of $1,000,000 per occurrence. Such insurance shall (a) name the City, its officers, employees, agents, 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 insureds provisions. E. If Concessionaire 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. F. The following requirements apply to the insurance to be provided by Concessionaire pursuant to this section: 1) Concessionaire shall maintain all insurance required above in fill force and effect for the entire period covered by this Agreement. 2) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved by the City. 3) 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. 4) Where the amounts or coverage provided by the certificates of insurance provides coverage greater than those listed by this Agreement, the amounts provided by the certificates of insurance shall be incorporated by reference into the Agreement. 5) Concessionaire shall supply City with a fully executed additional insured endorsement. G. If Concessionaire fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect Concessionaire's right to be paid for its time and materials expended prior to notification of termination. Concessionaire waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 12. INDEMNIFICATION A. Concessionaire agrees to indemnify, defend and hold harmless the City, its officers, agents, employees and contractors (the "Indemnified Parties") from all Damages (as defined in paragraph (13)), including without limitation, Damages involving claims for personal injury, wrongful death and property damage, that arise or may be asserted by a third party against the City as a result of (i) the negligence or willful misconduct of Concessionaire, its agents, employees, contractors or others acting expressly on its behalf while providing services at the locations designated in this Agreement; or (ii) the violation of any federal or state law, rule or regulation applicable to the provision of the services by Concessionaire. The foregoing indemnity will not apply to the extent that Damages were caused by (x) an affirmative act of the Indemnified Parties that is negligent and was the proximate cause of an injury; or (y) the intentional misconduct of the Indemnified Parties. B As used herein, "Damages" shall mean all actual and direct liabilities, demands, claims, actions or causes of action, regulatory, legislative or judicial proceedings, assessments, levies, losses, fines, penalties, damages, costs and expenses, in each case as awarded by a court or arbitrator, including without limitation, reasonable attorneys', accountants', investigators', and experts' fees and expenses sustained or incurred in connection with the defense or investigation of any such liability. C. Promptly following receipt of any written claim or legal proceeding asserted by a person or entity who is not a party to this Agreement (a "Third -Party Claim"), the Indemnified Parties shall notify Concessionaire of such claim in writing. Concessionaire shall have a period of 30 days (or such lesser period as may be required to timely respond to a Third -Party Claim) following the receipt of such notice to assume the defense thereof and Concessionaire shall thereafter undertake and diligently pursue the defense of the Third -Party Claim. Concessionaire shall reimburse Indemnified Parties for any legal expense reasonably incurred by Indemnified Parties to timely respond to a Third -Party Claim prior to Concessionaire assuming the defense thereof. Concessionaire shall not consent to entry of judgment or enter into any settlement agreement, without the consent of the Indemnified Parties, that does not include a complete and unconditional release of the Indemnified Parties or that imposes injunctive or other equitable relief against the Indemnified Parties. Concessionaire shall defend City using legal counsel that is reasonably acceptable to City. Indemnified Parties will not unreasonably withhold acceptance of legal counsel, including legal counsel selected by the insurance provider for Concessionaire. If Concessionaire fails to assume and diligently pursue the defense of such Third -Party Claim, the Indemnified Parties may defend against such Third -Party Claim in such manner as they may deem appropriate, including without limitation settlement thereof on such terms as the Indemnified Parties may deem appropriate, and to pursue such remedies as may be available to the Indemnified Parties against Concessionaire. Notwithstanding the foregoing, the Indemnified Parties shall not consent to entry of a judgment or enter into any settlement agreement, without the consent of Concessionaire, that doesnot include a complete and unconditional release of Concessionaire. 13. RECORDS Concessionaire shall keep records and invoices in connection with the work to be performed under this Agreement. Concessionaire 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 Concessionaire under this Agreement. All such records and invoices shall be clearly identifiable. Concessionaire 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. Concessionaire 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 Concessionaire under this Agreement. 14. CONFIDENTIALITY If Concessionaire receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Concessionaire 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 Concessionaire disclosed in a publicly available source; (c) is in rightful possession of the Concessionaire without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Concessionaire without reference to information disclosed by the City. 15. CONFLICT OF INTEREST CLAUSE Concessionaire 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. 16. NON-DISCRIMINATION Concessionaire shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Concessionaire affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 17. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Concessionaire, 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 Concessionaire. 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 Concessionaire or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. 18. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Concessionaire, Concessionaire 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. 19. TERMINATION A. This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Concessionaire shall still be subject to the compensation provisions of Section 2 of this Agreement compensation for all services performed by Concessionaire until the effective date of termination. B. This Agreement is subject to immediate termination in the event that, Concessionaire: 1) Fails to maintain the required ABC license(s) and approvals; 2) Concessionaire fails to make two or more required payments to the City; 3) Concessionaire voluntarily files or involuntarily has filed against it any petition for bankruptcy or insolvency act or law, and such proceeding is not dismissed within thirty (30) days thereafter; or 4) Concessionaire abandons the Concession Area or fails to provide services pursuant to this Agreement. 20. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 21. 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. 22. PROFESSIONAL LICENSES Concessionaire 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, including the ABC and/or Orange County Health Care Agency. Concessionaire shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 23. 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 fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax: 714- 647-6956 With courtesy copies to: And Executive Director, Parks, Recreation and Community Services Agency City of Santa Ana 20 Civic Center Plaza (M-23) P.O. Box 1988 Santa Ana, California 92702 Fax: (714) 5 71-42 11 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 Concessionaire: Mr. Edward Walter Sunseri, Jr. Sunseri's P.O. Box 83 Glendora, California 91740 Fax: (626) 335-4783 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 deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, 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. 24. HAZARDOUSSUBSTANCES A. Concessionaire shall not allow the illegal installation, storage or utilization of a Hazardous Substance in, on or under the Concession Area or any area temporarily used for concession services. Hazardous Substance shall mean for the purpose of this Agreement and substance listed by the Environmental Protection Agency or the State of California as a Hazardous Substance. To the extent that Concessionaire's use of the Concession Area or any other area temporarily used for concession services results in the release of Hazardous Substance, Concessionaire will notify City immediately and shall be responsible for the cost of all remediation and removal to the City's satisfaction and in compliance with all applicable federal, state and local laws and regulations. B. Concessionaire specifically agrees to defend, hold harmless, and indemnify the City, its officials, employees, agents and volunteers related to release of Hazardous Substance whether intentional or not as a result of Concessionaire's provision of services pursuant to this Agreement, in the Concessionaire Area, or on any other Area owned by City and utilized by Concessionaire pursuant to this Agreement. 25. COMPLAINCE WITH ALL LAWS Concessionaire shall at all times in its use, occupancy and maintenance of the Concession Area comply with all applicable laws, rules and regulations and direction by competent governmental authorities. This includes but is not limited to, compliance with the Americans with Disabilities Act of 1990 ("ADA") and all other applicable state and federal laws and regulations enacted protecting the rights of people with disabilities. 26. 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. C. Any obligation which accrues under this Agreement prior to the its expiration or termination, shall survive such expiration or termination unless the Agreement specifically states otherwise. D. This Agreement may be executed in one or more counterparts, each of which shall be deemed to constitute an original, but all of which, when taken together, shall constitute one and the same instrument. Y_. ICI WITNL'"SS WIMPMOP. the parties limo have executed this Agreement the date and year fast above written. ATTEST: Daisy Gomez Clerk of the Council APPROVED AS TO FORM: SOMA R. CARVALHO City Attorney By: daLm% A Rt Laura A. Rossini Acting Chief Assistant City Attorney RECOMMENDED FOR APPROVAL: 10127/2020 Lisa Rudloff Executive Director Parks, Recreation & Community Services Agency CITY OF SANTA ANA c Kristine Ridge City Manager CONCESSIONAIRE: Sk "MAIL MW Exhibit B The semi -permanent bar must be of equal quality or better than the manufactured products offered by White Sands Tiki Bars. The installation at the Zoo must have a solid back wall. Additional mobile bars will be a standard mobile catering bar with a black skirt like, similar in appearance to this: Exhibit C Sample @I[ulaUons for City Revenue Desription Unit Cost Per Total People Add -Ors Unit TuLal Sunseri's Service Tax m25%) Total City', 20%Share Peron. Fee 20% Call Bar $16.00 $45.00 $225.00 $945.00 $189.00 $87.41 $1,231.43 $18900 Exhibit D M0 1 1 1 111 IA SPECIALTY COCKTAILS: WINE: $12.00 $8.00 I.D. REQUIRED SUNSERPS SANTA ANA ZOO PAGE #1 MICHAEL SERENO PO BOX 83 800 / 635-9732 — BUS GLENDORA, CA 91740 626 / 335-4783 - FAX mike@sunseris.com WEB SITE: www.sunseris.com HOSTED BAR PRICING BAR BAR 50 to 74 75 to 99 100 to 149 150 to 249 250+ NO. TYPE ADULTS ADULTS ADULTS ADULTS ADULTS #1 SOFT BAR $15.00 Per Person $14.00 Per Person $ 13.00 Per Person $ 12.00 Per Person $ 11.00 Per Person #2 CALL BAR $18.00 Per Person $16.00 Per Person $16.00 Per Person $14 .00 Per Person $13.00 Per Person #3 GOLD BAR $21.00 Per Person $19.00 Per Person $18.00 Per Person $17.00 Per Person $16.00 Per Person ALL BARS INCLUDE: ONE (1) BAR FOUR (4) HOURS OF SERVING TIME BARTENDERS: $225.00 EACH GUESTS UNDER 21 : $2.50 EACH CASH BAR AFTER HOURS AT $30.00 PER HOUR ADD CASH LIQUOR TO HOSTED SOFT BAR AT NO ADDITIONAL COST OPTIONS: BOTTLED BEER UPGRADE: $1.00 PER ADULT GUEST (UP TO 4 CHOICES) ADD SIMPLE SIGNATURE DRINKS TO A SOFT BAR: $1.50 PER ADULT GUEST HOSTED SODAS, JUICES AND WATERS: $1.95 PER PERSON CHAMPAGNE & CIDER TOAST: $1.50 PER GUEST (MUST BE ADDED TO ALL GUESTS) (CHAMPAGNE GLASS NOT INCLUDED) GRATUITY: IF TIP GLASS IS ALLOWED, THEN NO ADDITIONAL CHARGES IF NO TIP GLASS ALLOWED, THAN GRATUITY ADDED TO INVOICE 20% SERVICE FEE PLUS SALES TAX P.O. BOX 83 S U N S E R PS 800 / 635-9732 - Bus GLENDORA, CA. 91740 MICHAEL SERENO 626 / 335-4783 - Fax WEB SITE: www.sunseris.com mike(a)sunseris.com PAGE #2 HOSTED BAR SERVICES #1 HOSTED SOFT BAR Beer Service Bottled Domestic (Choice of Two) Bottled Import/Craft/Microbrew (Choice of One) (Some Limitations Apply) Wine Service Salmon Creek Sonoma Chardonnay, Cabernet Sauvignon and Pinot Grigio Soft Drink Service Coke, Diet Coke, 7-Up and Perrier #2 HOSTED CALL BAR Liquor Service Tito's & Smirnoff Vodka, Gordon's Gin, 7 Crown, Jack Daniels, Bacardi Rum, Malibu Rum, Spiced Rum, Jose Cuervo Gold Tequila, J&B Scotch, Brandy, Kahlua, Midori, Apple, Triple Sec, Amaretto, Peach Schnapps, Long Island Iced Tea Beer Service Bottled Domestic (Choice of Two) Bottled Import/Craft/Microbrew (Choice of One) (Some Limitations Apply) Wine Service Salmon Creek Sonoma Chardonnay, Cabernet Sauvignon and Pinot Grigio Soft Drink Service Coke, Diet Coke, 7-Up and Perrier #3 HOSTED GOLD BAR Liquor Service Grey Goose & Tito's Vodka, Tanqueray Gin, Chivas Regal Scotch, Crown Royal, Jack Daniels, Bacardi Rum, Malibu Rum, Captain Morgan Rum, Patron Silver, Hennessey Cognac, Jameson Irish Whisky, Kahlua, Midori, Apple, Triple Sec, Amaretto, Peach Schnapps, Long Island Iced Tea Beer Service Bottled Domestic & Import/Craft/Microbrew (Choice of Four Total) (Some Limitations Apply) Wine Service BV Coastal Estates Collection Chardonnay BV Coastal Estates Collection Cabernet Sauvignon Coastal Vines Pinot Noir & Pinot Grigio Soft Drink Service Coke, Diet Coke, 7-Up, Red Bull and Perrier ALL BAR SERVICES INCLUDE THE FOLLOWING: Four (4) Hours of Service; One 6' Portable Bar. Bar Skirting; Napkins; Stir Straws; Clear Hard Plastic Glassware in Two Sizes; Ice; all operational equipment for your Bar Service type, a full range of mixes and condiments, as well as Liquor Liability Insurance are also included. WE WELCOME SPECIAL REQUESTS ADDITIONAL BAR PRICING PAGE #3 DRINK TICKETS THEN CASH BAR / UP TO 4 HOURS SERVICE #1 SOFT BAR (Cash bar with beer, wine & soda) $6.50 PER TICKET # 2 CALL BAR (Cash bar with house/well liquor, beer, wine & soda) $8.00 PER TICKET #3 GOLD BAR (Cash bar with premium liquor, beer, wine & soda) $10.00 PER TICKET ADD HOSTED SODAS FOR THE NIGHT $2.00 PER PERSON ALL BARTENDERS $225.00 EACH $250.00 CASH BAR SET UP (INCLUDES ONE BAR) ADDITONAL HOURS ON CASH BAR - S75 PER HOUR PER BARTENDER ANY AMOUNT OF TICKETS CAN BE PURCHASED CHAMPAGNE TOAST CHAMPAGNE AND CIDER TOAST (W WYCLIFF BRUT AND MARTINELLES) WITHOUT GLASS $1.50 PER PERSON CHAMPAGNE BY THE BOTTLE (TOAST UPGRADE) HOUSE CHAMPAGNE COOKS BRUT FREXINET KORBEL DOMAINE CHANDON VEUVE CLICQUOT PLUS SALES TAX $ 7.50 PER BOTTLE $ 11.00 PER BOTTLE $ 11.00 PER BOTTLE $16.00 PER BOTTLE $22.00 PER BOTTLE $80.00 PER BOTTLE **IF THE BRAND YOU ARE LOOKING FOR IS NOT ON THE LIST PLEASE INQUIRE ABOUT PRICING** WINE LIST: TABLE WINE PAGE #4 BOTTLE PRICE CHARDONNAY: BV COASTAL ESTATES $9.00 CARMENET VINTNER'S COLLECTION $12.00 CHATEAU ST. JEAN SONOMA $16.00 CHATEAU SOUVERAIN ALEXANDER VALLEY $18.00 CLOS DU BOIS $16.00 CUPCAKE VINEYARDS $14.00 ESTRELLA PROPRIETOR'S RESERVE NAPA $9.00 GEYSER PEAK $15.00 GNARLY HEAD $16.00 ROBERT MONDAVI PRIVATE SELECTION $13.00 STERLING VINEYARDS CENTRAL COAST $14.00 WOODBRIDGE $11.00 CABERNET SAUVIGNON OR MERLOT BY COASTAL ESTATES $9.00 CARMENET VINTNER'S COLLECTION $12.00 CHATEAU SOUVERAIN (MERLOT ONLY) $18.00 CLOS DU BOIS $16.00 CUPCAKE VINEYARDS $14.00 ESTRELLA PROPRIETOR'S RESERVE,NAPA $9.00 GEYSER PEAK $15.00 GNARLY HEAD $16.00 ROBERT MONDAVI PRIVATE SELECTION $13.00 STERLING VINEYARDS CENTRAL COAST $17.00 WOODBRIDGE $11.00 PINOT GRIGIO CUPCAKE VINEYARDS $14.00 TERRAMIA (DOCG) ITALY $11.00 SAUVIGNON BLANC GEYSER HEAD $16.00 ROBERT MONDAVI PRIVATE SELECTION $13.00 STERLING VINEYARDS CENTRAL COAST $14.00 PINOT NOIR COASTAL VINES $9.00 GNARLY HEAD $16.00 ROBERT MONDAVI PRIVATE SELECTION $13.00 WINE UPGRADE ON BAR PACKAGES #1, #2 OR #3 BAR (PRODUCT LISTED ABOVE) $ 3.00 PER PERSON NO CHARGE TO UPGRADE PACKAGE #1 AND #2 TO ESTRELLA $0.50 CHARGE TO UPGRADE PACAKGE #1 AND #2 TO CARMENTE VINTNERS PLUS SALES TAX Exhibit E Uniforms shall be professional in appearance. The uniforms will be a blue denim shirt with the Sunseri's logo and black pants. i UNSERI'S BAR E 5EVERAGE CATERING Francine R. o" ul ' °b ACORN Villareal isrzestae as CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/VVVV) 09/16/20 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 endorsement(s). PRODUCER MARK JACKSON INSURANCE AGENCY, INC P.O. BOX 775 YORBA LINDA, CA 92885 CONTACT MARK JACKSON PAME HONE we No Ew : (714)779-2629 wc, No 1714)779-1170 ADDRESS MARK@MARKJACKSONINSURANCE.COM License#:OK12422 INSURER(S) AFFORDING COVERAGE NAIC# INSURER A MERCER INSURANCE COMPANY 14478 INSURED INSURER B SUNSERI'S BEEF INSURER C -3623V— PO BOX 83 INSURER D GLENDORA, CA 91740 NSU HER 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. INSF LTR TYPE OF INSURANCE INSD VVVu POLICY NUMBER MM/DD/VVVV MM/DD/VVVV LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE C OCCUR PREMISEU MACES Ea occHENurrence $ 100,000 A Y Y 60475363-2 4/16/2020 4/16/2021 MED EXP(Anyerson) $ 5,000onep X LIQUOR LIABILITY PERsoNALa ADV INJURY 1,000,000 $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 X POLICY C PRO CI LOC ECT PRODUCTS -COMP/OP AGO $ 2,000,000 $ OTHER: AUTOMOBILE LIABILITY COMBINED SINurrTTgT— Ea accident)$ 2,000,000 BODILY INJURY (Per person) $ B SCHEDULED LY X AUTOS 04348527-9 4/16/2020 4/16/2021 BODILY INJURY (Per accident) $ X X NONOWNED$ LY AUTOS ONLY Per accitlent LEXCESS LIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ IAB CLAIMS -MADE RETENTION $ $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y'" PARTNER, L ANY PROFFICEROPRIETOR, EXCLUDED, (mammant, in NER EXCLOOEO4 In Nrv) (f NIA Y ON09646-01 4/1 /2020 4/1 /2021 X - STATUTE ER E.L. EACH ACCIDENT $ 150005000 E.L. DISEASE - EA EMPLOYE $ 150005000 yes, describe It yes, DESCRIPTION DESCRIPTION OF OPERATIONS below OF O E.L. DISEASE -POLICY LIMIT $ 150005000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attacked i1 more space is required) BARTENDING / CATERING / WHOLESALER / ALL LOCATIONS THE CITY OF SANTA ANA, ITS OFFICERS, EMPLOYEES, AGENTS, AND REPRESENTATIVES ME AUTOMATICALLY NAMED AS ADDITIONAL INSUREDS INCLUDING PRIMARY AND NON-CONTRIBUTORY COVERAGE, WAIVER OF SUBROGATION WITH RESPECT TO THE GENERAL LIABILITY, LIQUOR LIABILITY POLICIES PER END CG71030215 AND CGM010413 WHEN REQUIRED BY CONTRACT. WORKERS COMPENSATION BLANKET WAIVER OF SUBROGATION PER END 10217. RISK MANAGEMENT DIVISION 20 CIVIC CENTER PLAZA, 4TH FLOOR 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 Mk ©1988-2015 ACORD ACORD25(2016/03) The ACORD name and logo are registered marks of ACORD — "..Ivrvmwrr Z REVIEWED BY: r ® Risk Management Analyst CG 71 03 02 15 ULTRA LIABILITY PLUS ENDORSEMENT COMMERCIAL GENERAL LIABILITY EXTENSION ENDORSEMENT SUMMARY OF COVERAGES This is a summary of the various additional coverages and coverage modifications provided by this endorsement. No coverage is provided by this summary. • Extended Property Damage • Expanded Fire Legal Liability to include Explosion, Lightning and Sprinkler Leakage • Coverage for non -owned watercraft is extended to 51 feet in length • Property Damage - Borrowed Equipment • Property Damage Liability - Elevators • Coverage D - Voluntary Property Damage Coverage $5,000 Occurrence with a $10,000 Aggregate • Coverage E - Care, Custody and Control Property Damage Coverage $25,000 Occurrence with a $100,000 Aggregate - $500 Deductible • Coverage F - Electronic Data Liability Coverage - $50,000 • Coverage G - Product Recall Expense $25,000 Each Recall Limit with a $50,000 Aggregate - $1,000 Deductible • Coverage H - Water Damage Legal Liability - $25,000 • Increase in Supplementary Payments: Bail Bonds to $1,000 • Increase in Supplementary Payments: Loss of Earnings to $500 • For newly formed or acquired organizations - extend the reporting requirement to 180 days • Broadened Named Insured • Automatic Additional Insured - Owners, Lessees or Contractors - Automatic Status When Required in Construction Agreement With You • Automatic Additional Insured - Vendors • Automatic Additional Insured - Lessor of Leased Equipment Automatic Status When Required in Lease Agreement With You • Automatic Additional Insured - Managers or Lessor of Premises • Additional Insured - Engineers, Architects or Surveyors Not Engaged by the Named Insured • Additional Insured - Employee Injury to Another Employee • Automatically included - Aggregate Limits of Insurance (per location) • Automatically included - Aggregate Limits of Insurance (per project) " Knowledge of occurrence - Knowledge of an "occurrence', "claim or suit' by your agent, servant or employee shall not in itself constitute knowledge of the named insured unless an officer of the named insured has received such notice from the agent, servant or employee • Blanket Waiver of Subrogation • Liberalization Condition • Unintentional failure to disclose all hazards. If you unintentionally fail to disclose any hazards existing at the inception date of your policy, we will not deny coverage under this Coverage Form because of such failure. However, this provision does not affect our right to collect additional premium or exercise our right of cancellation or non -renewal. • Mobile equipment to include snow removal, road maintenance and street cleaning equipment less than 1,000 Ibs GVW • Bodily Injury Redefined REFER TO THE ACTUAL ENDORSEMENT FOLLOWING ON PAGES 2 THROUGH 12 FOR CHANGES AFFECTING YOUR INSURANCE PROTECTION CG 71 03 02 15 Includes copyrighted material of Insurance Services Office, Inc., with its I Rime Mattagmient DMsinn REVIEWED&APPROVED BY: '� Risk Management Analyst CG 71 03 02 15 d:IIzz42I1161*1=1Irtl42Ytd:l_1LIN *M0:1=11110711[4A»=F_F-4=11I:7=F_1Ilk Key -A =111111Will ULTRA LIABILITY PLUS ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SECTION I -COVERAGES A. The following changes are made at COVERAGE A - BODILY INJURY AND PROPERTY DAMAGE LIABILITY 1. Extended Property Damage At 2. Exclusions exclusion a. Expected or Intended Injury is replaced with the following: "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. 2. Expanded Fire Legal Liability At 2. Exclusions the last paragraph is deleted and replaced by the following: Exclusions c. through n. do not apply to damage by fire, explosion, lightning, smoke resulting from such fire, explosion, or lightning or sprinkler leakage to premises while rented to you or temporarily occupied by you with permission of this owner. A separate limit of insurance applies to this coverage as described in SECTION III - LIMITS OF INSURANCE. 3. Non -Owned Watercraft At 2. Exclusions exclusion g. Aircraft, Auto Or Watercraft (2) (a) is deleted and replaced by the following: (a) Less than 51 feet long, 4. Property Damage — Borrowed Equipment At 2. Exclusions the following is added to paragraph (4) of exclusion j. Damage To Property: This exclusion does not apply to "property damage' to borrowed equipment while at a jobsite and while not being used to perform operations. The most we will pay for "property damage' to any one piece of borrowed equipment under this coverage is $25,000 per occurrence. The insurance afforded under this provision is excess over any valid and collectible property insurance (including deductible) available to the insured, whether primary, excess, contingent or on any other basis. 5. Property Damage Liability — Elevators At 2. Exclusions the following is added to paragraphs (3), (4) and (6) of exclusion j. Damage To Property: This exclusion does not apply to "property damage' resulting from the use of elevators. However, any insurance provided for such "property damage' is excess over any valid and collectible property insurance (including deductible) available to the insured, whether primary, excess, contingent or on any other basis. B. The following coverages are added: 1. COVERAGE D-VOLUNTARY PROPERTY DAMAGE COVERAGE "Property damage" to property of others caused by the insured: a. While in your possession, or b. Arising out of "your work". Coverage applies at the request of the insured, whether or not the insured is legally obligated to pay. For the purposes of this Voluntary Property Damage Coverage only: Exclusion j. Damage to Property is deleted and replaced by the following: CG 71 03 02 15 Includes copyrighted material of Insurance Services Office, Inc., with its I Rime Mattagmient DMsian REVIEWED&APPROVED By., '� Risk Management Analyst CG 71 03 02 15 j. Damage to Property "Property damage" to: (1) Property held by the insured for servicing, repair, storage or sale at premises you own, rent, lease, operate or use, (2) Property transported by or damage caused by any "automobile", `watercraft' or "aircraft" you own, hire or lease, (3) Property you own, rent, lease, borrow or use. The amount we will pay is limited as described below in SECTION III - LIMITS OF INSURANCE For the purposes of this Voluntary Property Damage Coverage, our right and duty to defend ends when we have paid the Limit of Liability or the Aggregate Limit for this coverage. 2. COVERAGE E - CARE, CUSTODY AND CONTROL PROPERTY DAMAGE COVERAGE For the purpose of this Care, Custody and Control Property Damage Coverage only: a. Item (4) of Exclusion j. does not apply. The amount we will pay is limited as described below in SECTION III - LIMITS OF INSURANCE For the purposes of this Care, Custody and Control Property Damage Coverage, our right and duty to defend ends when we have paid the Limit of Liability or the Aggregate Limit for this coverage. 3. COVERAGE F - ELECTRONIC DATA LIABILITY COVERAGE For the purposes of this Electronic Data Liability Coverage only: a. Exclusion p. of Coverage A — Bodily Injury And Property Damage Liability in Section I — Coverages is replaced by the following: 2. Exclusions This insurance does not apply to: p. Electronic Data Damages arising out of the loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate "electronic data" that does not result from physical injury to tangible property. However, this exclusion does not apply to liability for damages because of "bodily injury' b. "Property Damage" means: (1) Physical injury to tangible property, including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it, or (2) Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the "occurrence" that caused it, or (3) Loss of, loss of use of, damage to, corruption of, inability to access or inability to properly manipulate "electronic data", resulting from physical injury to tangible property. All such loss of "electronic data' shall be deemed to occur at the time of the "occurrence' that caused it. For the purposes of this Electronic Data Liability Coverage, "electronic data' is not tangible property. The amount we will pay is limited as described below in SECTION III - LIMITS OF INSURANCE 4. COVERAGE G- PRODUCT RECALL EXPENSE a. Insuring Agreement (1) We will pay 90% of "product recall expense' you incur as a result of a "product recall" you initiate during the coverage period. (2) We will only pay for 'product recall expense' arising out of "your products" which have been physically relinquished to others. The amount we will pay is limited as described below in SECTION III - LIMITS OF INSURANCE CG 71 03 02 15 Includes copyrighted material of Insurance Services Office, Inc., with its I Rime Mattagmient DMsinn REVIEWED&APPROVED BY: '� Risk Management Analyst CG 71 03 02 15 b. Exclusions This insurance does not apply to "product recall expense' arising out of: (1) Any fact, circumstance or situation which existed at the inception date of the policy and which you were aware of, or could reasonably have foreseen that would have resulted in a "product recall'. (2) Deterioration, decomposition or transformation of a chemical nature, except if caused by an error in the manufacture, design, processing, storage, or transportation of "your product'. (3) The withdrawal of similar products or batches that are not defective, when a defect in another product or batch has been found. (4) Acts, errors or omissions of any of your employees, done with prior knowledge of any of your officers or directors. (5) Inherent vice, meaning a natural condition of property that causes it to deteriorate or become damaged. (6) 'Bodily Injury" or "Property Damage'. (7) Failure of "your product' to accomplish its intended purpose, including any breach of warranty of fitness, quality, efficacy or efficiency, whether written or implied. (8) Loss of reputation, customer faith or approval, or any costs incurred to regain customer market, or any other consequential damages. (9) Legal fees or expenses. (10) Damages claimed for any loss, cost or expense incurred by you or others for the loss of use of "your product'. (11) 'Product recall expense" arising from the "product recall' of any of "your products' for which coverage is excluded by endorsement. (12) Any "product recall' initiated due to the expiration of the designated shelf life of "your product'. 5. COVERAGE H -WATER DAMAGE LEGAL LIABILITY The Insurance provided under Coverage H (Section I) applies to "property damage' arising out of water damage to premises that are both rented to and occupied by you. The Limit under this coverage shall not be in addition to the Damage To Premises Rented To You Limit. The amount we will pay is limited as described below in SECTION III - LIMITS OF INSURANCE C. SUPPLEMENTARY PAYMENTS - COVERAGES A AND B is amended: 1. To read SUPPLEMENTARY PAYMENTS 2. Bail Bonds Item 1.b. is amended as follows: b. Up to $1,000 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. 3. Loss of Earnings Item 1.d. is amended as follows: 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 $500 a day because of time off from work. 4. The following language is added to Item 1. However, we shall have none of the duties set forth above when this insurance applies only for Voluntary Property Damage Coverage and/or Care, Custody or Control Property Damage Coverage and we have paid the Limit of Liability or the Aggregate Limit for these coverages. CG 71 03 02 15 Includes copyrighted material of Insurance Services Office, Inc., with its l Rime Mattagmient DOMsinn REVIEWED&APPROVED BY: '� Risk Management Analyst CG 71 03 02 15 SECTION II- WHO IS AN INSURED A. The following change is made: Extended Reporting Requirements Item 3.a. is deleted and replaced by the following a. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier. B. The following provisions are added: 4. BROAD FORM NAMED INSURED Item 1.f. is added as follows: f. Any legally incorporated entity of which you own more than 50 percent of the voting stock during the policy period only if there is no other similar insurance available to that entity. However: (1) Coverage A does not apply to 'bodily injury" or "property damage' that occurred before you acquired more than 50 percent of the voting stock, and (2) Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired more than 50 percent of the voting stock. 5. Additional Insured - Owners, Lessees or Contractors - Automatic Status When Required in Construction or Service Agreement With You a. Any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy is an insured. Such person or organization is an additional insured only with respect to your liability for 'bodily injury', "property damage" or "personal and advertising injury' which may be imputed to that person or organization directly arising out of: 1. Your acts or omissions, or 2. The acts or omissions of those acting on your behalf, in the performance of your ongoing operations for the additional insured. However, the insurance afforded to such additional insured: 1. Only applies to the extent permitted by law, and 2. Will not be broader than that which you are required by the contract or agreement to provide for such additional insured. b. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to: 1. 'Bodily injury', "property damage" or "personal and advertising injury' arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: a. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications, or b. Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the 'bodily injury' or "property damage", or the offense which caused the "personal and advertising injury', involved the rendering of or the failure to render any professional architectural, engineering or surveying services. 2. 'Bodily injury' or "property damage" occurring after: a. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed, or CG 71 03 02 15 Includes copyrighted material of Insurance Services Office, Inc., with its I Rime Management DMsian REVIEWED&APPRDVEDBY: '� Risk Management Analyst CG 71 03 02 15 b. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. 6. Additional Insured - Vendors a. Any person(s) or organization(s) (referred to throughout this additional coverage as vendor), but only with respect to "bodily injury" or "property damage", which may be imputed to that person(s) or organization(s) arising out of "your products" shown with the Schedule which are distributed or sold in the regular course of the vendor's business is an insured. However: (1) The insurance afforded to such vendor only applies to the extent permitted by law, and (2) If coverage provided to the vendor is required by a contract or agreement, the insurance afforded to such vendor will not be broader than that which you are required by the contract or agreement to provide for such vendor. b. With respect to the insurance afforded to these vendors, the following additional exclusions apply: (1) This insurance afforded the vendor does not apply to: (a) "Bodily injury' or "property damage' for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement, (b) Any express warranty unauthorized by you, (c) Any physical or chemical change in the product made intentionally by the vendor, (d) Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container. (e) Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of products. (f) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product. (g) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor. (h) "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: i. The exceptions contained in Sub -paragraphs d. or f., or ii. Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. (2) This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. 7. Additional Insured — Lessor of Leased Equipment — Automatic Status When Required in Lease Agreement With You a. Any person(s) or organization(s) from whom you lease equipment when you and such person(s) or organization(s) have agreed in writing in a contract or agreement that such person(s) or organization(s) be added as an additional insured on your policy. Such person(s) or organization(s) is an insured only with respect to your liability for "bodily injury", "property damage" or "personal and advertising injury" directly arising out of the maintenance, operation or use of equipment leased to you, which may be imputed to such person or organization as the lessor of equipment. CG 71 03 02 15 Includes copyrighted material of Insurance Services Office, Inc., with its Rime Management Diaisian REVIEWED&APPROVED BY: '� Risk Management Analyst CG 71 03 02 15 However. the insurance afforded to such additional insured: (1) Only applies to the extent permitted by law, and (2) Will not be broader than that which you are required by the contract or agreement to provide for such additional insured. A person's or organization's status as an additional insured under this endorsement ends when their contract or agreement with you for such leased equipment ends. b. With respect to the insurance afforded to these additional insureds, this insurance does not apply to any "occurrence" which takes place after the equipment lease expires. 8. Additional Insured — Managers or Lessors of Premises a. Any person(s) or organization(s), but only with respect to liability arising out of the ownership, maintenance or use of that part of the premises leased to you and subject to the following additional exclusions: This insurance does not apply to: (1) Any "occurrence" which takes place after you cease to be a tenant in that premises. (2) Structural alterations, new construction or demolition operations performed by or on behalf of the person(s) or organization(s) afforded coverage by this additional coverage. However: (1) The insurance afforded to such additional insured only applies to the extent permitted by law, and (2) If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. 9. Additional Insured - Engineers, Architects or Surveyors Not Engaged by the Named Insured a. Any architects, engineers or surveyors who are not engaged by you are insureds, but only with respect to liability for "bodily injury" or "property damage" or "personal and advertising injury" which may be imputed to that architect, engineer or surveyor arising out of. (1) Your acts or omissions, or (2) Your acts or omissions of those acting on your behalf, in the performance of your ongoing operations performed by you or on your behalf. But only if such architects, engineers or surveyors, while not engaged by you, are contractually required to be added as an additional insured to your policy. However, the insurance afforded to such additional insured: (1) Only applies to the extent permitted by law, and (2) Will not be broader than that which you are required by the contract or agreement to provide for such additional insured. b. With respect to the insurance afforded to these additional insureds, the following additional exclusion applies: This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of or failure to render any professional services, including: (1) The preparing, approving, or failing to prepare or approve, maps, drawings, opinions, reports, surveys, change orders, designs or specifications, or (2) Supervisory, inspection or engineering services. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or the failure to render any professional services. CG 71 03 02 15 Includes copyrighted material of Insurance Services Office, Inc., with its Rime Management DMsinn REVIEWED&APPROVED By., '� Risk Management Analyst CG 71 03 02 15 10. Additional Insured -Employee Injury to Another Employee With respect to your "employees" who occupy positions which are supervisory in nature: Paragraph 2.a.(1) of SECTION II — WHO IS A NAMED INSURED is amended to read: a. "Bodily injury' or "personal and advertising injury" (1) To you, to your partners or members (if you are a partnership or joint venture), or to your members (if you are a limited liability company), (2) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in paragraph (1)(a) above, or (3) Arising out of his or her providing or failing to provide professional healthcare services. Paragraph 3.a. is deleted. For the purpose of this Item 10 only, a position is deemed to be supervisory in nature if that person performs principle work which is substantially different from that of his or her subordinates and has authority to hire, direct, discipline or discharge. SECTION III - LIMITS OF INSURANCE A. The following Items are deleted and replaced by the following: 2. The General Aggregate Limit is the most we will pay for the sum of: a. Medical expenses under Coverage C; b. Damages under Coverage A, except damages because of 'bodily injury' or 'property damage" included in the 'products -completed operations hazard", and c. Damages under Coverage B; and d. Damages under Coverage H. 3. The Products -Completed Operations Aggregate Limit is the most we will pay under Coverage A for damages because of 'bodily injury' and 'property damage" included in the 'products -completed operations hazard" and Coverage G. 6. Subject to 5. above, the Damage to Premises Rented to You Limit is the most we will pay under Coverage A for damages because of 'property damage" to any one premises, while rented to you, or in the case of damage by fire, explosion, lightning, smoke resulting from such fire, explosion, or lightning or sprinkler leakage while rented to you or temporarily occupied by you with permission of the owner. B. The following are added: 8. Subject to Paragraph 5. of SECTION III — LIMITS OF INSURANCE $25,000 is the most we will pay under Coverage H for Water Damage Legal Liability. 9. Coverage G - Product Recall Expense Aggregate Limit $50,000 Each Product Recall Limit $25,000 a. The Aggregate Limit shown above is the most we will pay for the sum of all 'product recall expense" you incur as a result of all 'product recalls" you initiate during the endorsement period. b. The Each Product Recall Limit shown above is the most we will pay, subject to the Aggregate and $1,000 deductible, for 'product recall expense" you incur for any one 'product recall' you initiate during the endorsement period. We will only pay for the amount of Product Recall Expenses which are in excess of the deductible amount. The deductible applies separately to each Product Recall. The limits of insurance will not be reduced by the amount of this deductible. We may, or will if required by law, pay all or any part of any deductible amount. Upon notice of our payment of a deductible amount, you shall promptly reimburse us for the part of the deductible amount we paid. CG 71 03 02 15 Includes copyrighted material of Insurance Services Office, Inc., with its I Rime Mattagmient DOMsinn REVIEWED&APPRDVEDBy., '� Risk Management Analyst CG 71 03 02 15 10. Aggregate Limits of Insurance (Per Location) The General Aggregate Limit applies separately to each of your 'locations" owned by or rented to you or temporarily occupied by you with the permission of the owner. "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 railroad. 11. Aggregate Limits of Insurance (Per Project) The General Aggregate Limit applies separately to each of your projects away from premises owned by or rented to you. 12. With respects to the insurance afforded to additional insureds afforded coverage by items 5 through 10 of SECTION II — WHO IS AN INSURED above, the following is added: The most we will pay on behalf of the additional insured is the amount of insurance: a. Required by the contract or agreement, b. Available under the applicable Limits of Insurance shown in the Declarations, Whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. 13. Subject to 5. of SECTION III — LIMITS OF INSURANCE, a $5,000 'occurrence" limit and a $10,000 "aggregate" limit is the most we will pay under Coverage A for damages because of "property damage" covered under Coverage D -Voluntary Property Damage Coverage. For the purposes of this Voluntary Property Damage Coverage, our right and duty to defend ends when we have paid the Limit of Liability or the Aggregate Limit for this coverage. 14. Subject to 5. of SECTION III — LIMITS OF INSURANCE, a $25,000 'occurrence" limit and a $100,000 "aggregate" limit is the most we will pay under Coverage E - Care, Custody and Control Coverage regardless of the number of: a. Insureds, b. Claims made or "suits" brought, or c. Persons or organizations making claims or bringing "suits". Deductible - Our obligation to pay damages on your behalf applies only to the amount of damages in excess of $500. This deductible applies to all damages because of 'property damage" as the result of any one 'occurrence" regardless of the number of persons or organizations who sustain damages because of that 'occurrence". We may pay any part or all of the deductible amount to effect settlement of any claim or "suit' and upon notification of the action taken, you shall promptly reimburse us for such part of the deductible amount as has been paid by us. As respects this coverage "Aggregate" is the maximum amount we will pay for all covered 'occurrences" during one policy period. For the purposes of this Care, Custody and Control Property Damage Coverage, our right and duty to defend ends when we have paid the Limit of Liability or the Aggregate Limit for this coverage. 15. Subject to 5. of SECTION III — LIMITS OF INSURANCE, the most we will pay for "property damage' under Coverage F - Electronic Data Liability Coverage for loss of "electronic data" is $50,000 without regard to the number of "occurrences". CG 71 03 02 15 Includes copyrighted material of Insurance Services Office, Inc., with its I Rime Mattagmient DMsian REVIEWED&APPROVED By., '� Risk Management Analyst CG 71 03 02 15 SECTION IV -COMMERCIAL GENERAL LIABILITY CONDITIONS A. The following conditions are amended: 1. Knowledge of Occurrence a. Condition 2., Items a. and b. are deleted and replaced by the following: (1) Duties In The Event Of Occurrence, Offense, Claim Or Suit (a) You must see to it that we are notified as soon as practicable of an "occurrence" or an offense which may result in a claim. Knowledge of an "occurrence" by your agent, servant or employee shall not in itself constitute knowledge of the named insured unless an officer of the named insured has received such notice from the agent, servant or employee. To the extent possible, notice should include: i. How, when and where the "occurrence" took place, ii. The names and addresses of any injured persons and witnesses, and iii. The nature and location of any injury or damage arising out of the "occurrence" or offense. (b) If a claim is made or "suit' is brought against any insured, you must: i. Immediately record the specifics of the claim or "suit' and the date received, and ii. Notify us as soon as practicable. You must see to it that we receive written notice of the claim or "suit' as soon as practicable. Knowledge of a claim or "suit' by your agent, servant or employee shall not in itself constitute knowledge of the named insured unless an officer of the named insured has received such notice from the agent, servant or employee. 2. Where Broad Form Named Insured is added in SECTION II — WHO IS AN INSURED of this endorsement, Condition 4. Other Insurance b. Excess Insurance (1).(a) is replaced by the following: (a) Any of the other insurance, whether primary, excess, contingent or on any other basis, that is available to an insured solely by reason of ownership by you of more than 50 percent of the voting stock, and not withstanding any other language in any other policy. This provision does not apply to a policy written to apply specifically in excess of this policy. B. The following are added: 1. Condition (5) of 2.c. (5) Upon our request, replace or repair the property covered under Voluntary Property Damage Coverage at your actual cost, excluding profit or overhead. 10. Blanket Waiver Of Subrogation We waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of: premises owned or occupied by or rented or loaned to you, ongoing operations performed by you or on your behalf, done under a contract with that person or organization, "your work", or "your products". We waive this right where you have agreed to do so as part of a written contract, executed by you before the 'bodily injury" or "property damage' occurs or the "personal injury" or "advertising injury' offense is committed. 11. Liberalization If a revision to this Coverage Part, which would provide more coverage with no additional premium becomes effective during the policy period in the state designated for the first Named Insured shown in the Declarations, your policy will automatically provide this additional coverage on the effective date of the revision. 12. Unintentional Failure to Disclose All Hazards Based on our reliance on your representations as to existing hazards, if you unintentionally should fail to disclose all such hazards at the inception date of your policy, we will not deny coverage under this Coverage Part because of such failure. However, this provision does not affect our right to collect additional premium or exercise our right of cancellation or non -renewal. CG 71 03 02 15 Includes copyrighted material of Insurance Services Office, Inc., with its Rime Management DOMsinn REVIEWED&APPRDVEDBy., '� Risk Management Analyst CG 71 03 02 15 13. The following conditions are added in regard to Coverage G - Product Recall Expense: In event of a "product recall', you must: a. See to it that we are notified as soon as practicable of a "product recall'. To the extent possible, notice should include how, when and where the "product recall' took place and estimated "product recall expense". b. Take all reasonable steps to minimize "product recall expense". This will not increase the limits of insurance. c. If requested, permit us to question you under oath at such times as may be reasonably required about any matter relating to this insurance or your claim, including your books and records. Your answers must be signed. d. Permit us to inspect and obtain other information proving the loss. You must send us a signed, sworn statement of loss containing the information we request to investigate the claim. You must do this within 60 days after our request. e. Cooperate with us in the investigation or settlement of any claim. f. Assist us upon our request, in the enforcement of any rights against any person or organization which may be liable to you because of loss to which this insurance applies. SECTION V - DEFINITIONS A. At item 12. Mobile Equipment the wording at f.(1) is deleted and replaced by the following: f.(1) Equipment designed primarily for: (a) Snow removal, (b) Road maintenance, but not construction or resurfacing, or (c) Street cleaning, except for such vehicles that have a gross vehicle weight less than 1,000 Ibs which are not designed for highway use. B. Item 3. "bodily injury" is deleted and replaced with the following: 3. "bodily injury" means physical injury, sickness or disease sustained by a person. This includes mental anguish, mental injury, shock, fright or death that results from such physical injury, sickness or disease. C. The following definitions are added for this endorsement only: 23. "Electronic data" means information, facts or programs stored as or on, created or used on, or transmitted to or from computer software, including systems and applications software, hard or floppy disks, CD-ROMS, tape drives, cells, data processing devices or any other media which are used with electronically controlled equipment. 24. "Product recall' means a withdrawal or removal from the market of "your product' based on the determination by you or any regulatory or governmental agency that: a. The use or consumption of "your product' has caused or will cause actual or alleged "bodily injury' or "property damage", and b. Such determination requires you to recover possession or control of "your product' from any distributor, purchaser or user, to repair or replace "your product', but only if "your product' is unfit for use or consumption, or is hazardous as a result of: (1) An error or omission by an insured in the design, manufacturing, processing, labeling, storage, or transportation of "your product` or (2) Actual or alleged intentional, malicious or wrongful alteration or contamination of "your product' by someone other than you. CG 71 03 02 15 Includes copyrighted material of Insurance Services Office, Inc., with its p Rime Mattagmient DOMsinn REVIEWED&APPRDVEDBy., '� Risk Management Analyst CG 71 03 02 15 25. "Product recall expense" means reasonable and necessary expenses for: a. Telephone, radio and television communication and printed advertisements, including stationery, envelopes and postage. b. Transporting recalled products from any purchaser, distributor or user, to locations designated by you. c. Remuneration paid to your employees for overtime, as well as remuneration paid to additional employees or independent contractors you hire. d. Transportation and accommodation expense incurred by your employees. e. Rental expense incurred for temporary locations used to store recalled products. f. Expense incurred to properly dispose of recalled products, including packaging that cannot be reused. g. Transportation expenses incurred to replace recalled products. h. Repairing, redistributing or replacing covered recalled products with like products or substitutes, not to exceed your original cost of manufacturing, processing, acquisition and/or distribution. These expenses must be incurred as a result of a "product recall'. CG 71 03 02 15 Includes copyrighted material of Insurance Services Office, Inc., with its Rime Management DMsinn REVIEWED&APPROVED By., '� Risk Management Analyst 60475363 COMMERCIAL GENERAL LIABILITY CG 20 01 0413 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 PRODUCTSICOMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance Condition 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: (1) The additional insured is a Named Insured under such other insurance; and �eyTiItll[[ZttiK3 PREMIUM 300 (2) 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 available to the additional insured. © Insurance Services Office, Inc., 2012 Rime Mattagmient IlMsion REVIEWED&APPROVED By: '� Risk Management Analyst MARKIACKSON INS PO BOX 775 YORBA LINDA, CA 92885 1-714-779-2629 Certificate of Insurance RROGREJJ/UE` COMMEAC/AL Policy number: 04348527-9 Underwritten by: UNITED FINANCIAL CAS CO September 16, 2020 Page 1 of 2 Certificate Holder .............. .............. ............................ .............. .............. .............. ............................ .............. ................. MICHAELSERENO PO BOX 83 GLENDORA, CA 91740 Insured Agent/Surplus lines Broker MICHAELSERENO MARKJACKSONINS SUNSERIS PO BOX 775 PO BOX 83 YORBA LINDA, CA 92885 GLENDORA, CA 91740 This document certifies that insurance policies identified below have been issued by the designated insurer to the insured named above for the period(s) indicated. This Certificate is issued for information purposes only. It confers no rights upon the certificate holder and does not change, alter, modify, or extend the coverages afforded by the policies listed below. The coverages afforded by the policies listed below are subject to all the terms, exclusions, limitations, endorsements, and conditions of these policies. ............ ............... ............... ............................. ............... ............... ............... ............... .................. Policy Effective Date: Apr 16, 2020 Policy Expiration Date: Apr 16, 2021 Insurance coverage(s) limits BODILY INJURY/PROPERTY DAMAGE $2,000,000 COMBINED SINGLE LIMIT ............... ............................. EMPLOYERS EMPLOYER'S NON -OWNED AUTO BIPD ............... ............... ............... ............... .................. $2,000,000 COMBINED SINGLE LIMIT ............ ............... ............... ............................. HIRED AUTO BODILY INJILIMmOPERTY DAMAGE ............... ............... ............... ............... .................. $2,000,000 COMBINED SINGLE LIMIT Description of LocationNehicles/Special Items Scheduled autos only ............ ............... ............... ............................. ............... ............... ............... ............... .................. 2000 FORD ECONO/CLUB WGN 1FTNE24L2YHA46448 ............ ............... ............... ............................. ............... ............... ............... ............... .................. 1995 TOYOTA TACOMA 4TAVN53F5SZO81379 ............ ............... ............... ............................. ............... ............... ............... ............... .................. 2015 NISS NV 2500/3500 1 N6AFOKX8FN804326 Stated Amount $33 244 2018 NISSAN NV 3500 1 N6AFOLY2JN808873 Stated Amount $38 842 ........ ......... ......... ......... ......... ......... ...... ......... ......... .......... 2018 ISUZU NPRJALC4W169J7008662 Stated Amount $53,200 Rime Managonent Diaisian REVIEWED&APPROVED By: '� Risk Management Analyst Policy number: 04348527-9 Page 2 of 2 Certificate number 26O2ONET527 Form 5241 (10/02) Rule Management DMsinn REVIEWED&APPROVED BY: '� Risk Management Analyst WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC ON 04 WSA (Ed. 01-19) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT—CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our light against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. Blanket Waiver: The additional premium for this endorsement shall be 2% of the California workers' compensation premium otherwise due on such remuneration. Specific Waiver: The additional premium for this endorsement shall be 5% of the California workers' compensation premium otherwise due on such remuneration. Person or Organization Blanket Waiver of Subrogation Schedule Job Description As respects to all CA jobs performed by the named insured during the policy period where by written contract a waiver of subrogation is required prior to the commencement of work. This endorsement changes the policy to which it is attached and Is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective: 04/01/2020 Insured Sereno, Michael and Sunseri, Edward dba Sunseri's Policy No.: ON09646 - 01 Endorsement No.: Insurance Company preferred Professional Insurance Company Countersigned By C_J Risk Mr[naganad Divisian REVIEWED&APPROVED By: faaa.o:.r.e R. Mnebd '� Risk Management Analyst Print Date: 3/312020 S,,QxERIJS P.D Sox 83 Glendora, CA 91740 Mike@Sunserisxurn Ofce:SOD-635-9732 Fax: (626)335-47n September 16, 2020 To Whom It May Concern: 5unseri's Bar Catering; will not employ a licensed professional so the Professional Liability Insurance does not apply. We do not meet this requirement. If any further information is needed please feel free to contact us. Sincerely, Mike Sereno, PARTNER Rink Mwwgzment DiHean REVIEWED&AiTROVEDBY: �® Risk Management Analyst