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HomeMy WebLinkAboutGRAVES & KING, LLP (2)INSURANCE ON FILEN-2022-102 WORK MAY PROCEED UNTIL INSURANCE EXPIRES CLERKjNCIL DATE: R 1 4 ZQ LEGAL SERVICES AGREEMENT WITH AP R �SGRAVES & KING LLP This AGREEMENT, made and entered into this 22ND day of March, 2022, by and between Graves & King LLP ("Attorneys"), and the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the constitution and laws of the State of California ("City"). RECITALS A. The City of Santa Ana and the City Attorney's Office City desires to employ Attorneys to assist the in-house attorneys for the City ("City Attorney") in the provision of legal services to the City for civil litigation matters and related matters by a firm with specialized expertise. B. City desires to employ Attorneys to assist the in-house attorneys for the City ("City Attomey") in the provision of legal services to the City. C. Attorneys represent that they are licensed to practice law in the State of California, have special experience and knowledge related to administrative and litigation matters concerning general liability, personnel and police matters, and desire to undertake said services. 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: I. RETENTION OF ATTORNEYS On an as -needed basis, and at the sole discretion of the City, City hereby agrees to and does retain Attorneys, for the compensation hereinafter specified, to assist the City Attorney with litigation filed against the City, for general advice, and legal review on a case -by -case basis to defend the City, its employees and its officials. Attorneys accept said retention and agree to perform, in a timely and efficient manner, all such services as may be requested by the City Attorney. Attorneys shall confirm their acceptance of work requested by City in writing by e-mail or letter. 2. COMPENSATION FOR SERVICES RENDERED a. City agrees to compensate Attorneys, and Attorneys agree to accept from City, as and for payment in full for all services for the foregoing services, Attorney time will be billed at $250 an hour and paralegal time will be billed at $100 an hour. Time will be billed in 1/10th of an hour increments. b. The total sum to be expended under this Agreement shall not exceed $50,000, unless otherwise authorized by the City Council. C. City agrees to reimburse Attorneys for out-of-pocket expenses, including but not limited to, mileage, copying costs, service of process, and mail services authorized by the City Attorney in connection with the performance of duties under this Agreement. hi -house printing, copying, and reproduction charges will be reimbursed at the rate of 20 cents per page. The City will not reimburse Attorneys for Lexis, Westlaw or other paid legal research subscription services for ordinary legal research. However, the City will reimburse Attorneys for extraordinary legal research costs related to a complex legal matter or assignment, if pre -approved in writing by the City Attorney. The City will not reimburse Attorneys for ordinary document management systems used for discovery purposes unless such technology is deemed necessary by the City Attorney and if pre -approved in writing by City Attorney. Attorneys agree to directly pay for vendors, consultants, or experts, and then seek reimbursement from the City. Attorneys agree to seek authorization from City Attorney before retaining experts and consultants. Automobile travel will be reimbursed at the standard mileage rate in effect at the time of billing by the Internal Revenue Service. Any costs in excess of $5,000 require City Attorney approval prior to incurring the expense. All expenses must have supporting documentation submitted with the invoice. 3. METHOD OF PAYMENT Attorneys shall submit a monthly statement specifying the services performed, dates and number of hours, and an itemization of expenses related thereto with supporting documentation (i.e. receipts, invoices, copy of check, etc.). City acknowledges that the fees incurred for work performed by Attorneys on its behalf are due and owing within 30 days of the work being performed. At Attorneys' discretion, they may choose to defer payment. Notwithstanding this, City agrees that it shall tender payment within 30 days of written demand by Attorneys for payment. Unless expressly stated thereon, monthly statements generated by Attorneys shall not constitute written demand, but shall simply be a written reflection of work performed and fees incurred. 4. CONTROL OF LEGAL MATTERS Attorneys agree that each and every matter or proceeding in which they undertake to assist the City Attorney, as aforesaid, shall be and remain under, and subject to the control and direction of said City Attorney at all stages, and that they shall at all times keep the City Attorney informed of all matters pertaining thereto. City will keep Attorneys informed of all significant developments in matters relating to any representation undertaken by Attorneys. Attorneys further agree, if and when their retention hereunder is terminated by City, as hereinafter specified, they shall return to City Attorney any and all files then in their possession concerning each and every matter or proceeding in which they represented the City pursuant to this Agreement. 5. REPORTING REQUIREMENTS Attorneys agree to keep the City Attorney, and any other person(s) designated by the City Attorney, informed of significant events in the Actions, including but not limited to trial date, filing of motions for sumrnary judgment, hearing date for motion for summary judgment, settlement conference date, and mediation date. Attorneys also agree to provide the following reports: a. 45 day initial evaluation of case and budget; and b. Pre-trial report 90 days before trial; 6. TERM The term of this Agreement shall commence on the date first written above and terminate on June 30, 2024, unless terminated earlier pursuant to Section 15 below. The term of this Agreement may be extended for up to one (1) year upon a writing executed by both parties, including the City Manager and the City Attorney. 7. INDEPENDENT CONTRACTORS It is mutually agreed by and between the parties that, in the performance of their covenants hereunder, Attorneys are and shall be independent contractors, and not officers or employees of City. 8. INSURANCE Attorneys shall provide to the City Attorney proof of Professional Liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim, and maintain such insurance throughout the term of this Agreement. If Attorneys fail or refuse to produce and maintain the insurance required by this section, or fail or refuse 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 Attorneys' right to be paid for its time and materials expended prior to notification of termination. 9. INDEMNIFICATION Attorneys agree to and shall indemnify and hold harmless the City, its officers, agents, employees, and representatives from liability for personal injury, damages, restitution, judicial or equitable relief to the extent caused by Attorneys' negligent or wrongful performance or conduct related to this Agreement. 10. CONFIDENTIALITY All information and documents shared with Attorneys as well as all work performed by Attorneys in connection with this Agreement should be treated as strictly confidential. Moreover, all communications between Attorneys and City shall be treated as protected by the attorney -client privilege and the attorney work product doctrine. Accordingly, information received by Attorneys from City should be kept in a secure place, and no information about this work may be disclosed to any third party without City's prior written approval. Attorneys shall provide materials directly to the City Attorney, Sonia Carvalho, or selected members of her office, as directed by the City Attorney. All such information and any written product in connection with Attorneys` retention under this Agreement, shall be marked as "PRIVILEGED AND CONFIDENTIAL / ATTORNEY -WORK PRODUCT" and shall be the property of the City Attorney's Office, and shall be returned/provided to the Office of the City Attorney with all copies upon the request of the City Attorney. 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 Attorneys, disclosed in a publicly available source; (c) is in rightful possession of the Attorneys without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Attorneys without reference to information disclosed by the City. 11. CONFLICT OF INTEREST CLAUSE Attorneys covenant that it presently has no interests and shall not have interests, direct or indirect, that would conflict in any manner with performance of services specified under this Agreement. 12. 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 telefaesimile or other telegraphic communication in the manner provided in this Section, to the following persons: 3 To City: Cleric of the Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, California 92702-1988 Facsimile (714) 647-6956 Courtesy Copy: City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 Facsimile (714) 647-6515 To Attorneys: Graves & King LLP Attn: Harvey W. Wimer, III 3610 141" Street, 2°a Floor Riverside, CA 92502 Facsimile: 951-680-0700 A party may change its address by giving notice in writing to the other party. Thereafter, any notice, tender, demand, delivery, or other 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 telefacsimile, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Attorneys, 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 Attorneys. 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 Attorneys 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 parties, which are not embodied herein. 14. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Attorneys, Attorneys may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject of this Agreement performed by City personnel or by other Attorneys retained by City. 15. TERMINATION This Agreement may be terminated by City at any time. In such event, Attorneys shall be entitled to receive and the City shall pay Attorneys compensation for all services performed by Attorneys prior to receipt of such notice of termination. As a condition of such payment, Attorneys shall deliver to the City all files and records generated under this Agreement as of such date. Attorneys may terminate this agreement, subject to their obligation to provide written reasonable notice of at least thirty (30) days to arrange alternative representation. In such case, City agrees to secure new counsel as quickly as possible and to cooperate fully in the substitution of the new counsel as counsel of record in in the Actions. 16. NON-DISCRIMINATION Attorneys 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. Attorneys affirm that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 17. 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. 18. MISCELLANEOUS PROVISIONS 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. 19. COUNTERPARTS; SIGNATURES This Agreement may be executed in counterparts, secured via facsimile transmission or otherwise, each of which shall be deemed to be an original. Photocopies of any executed counterpart shall have the same force and effect as an original. City further acknowledges that it has read and received a copy the full text Section 6148 of the California Business and Professions Code prior to signing this Agreement. 20. NO GUARANTEES City understands and acknowledges that there are certain risks and uncertainties in the pursuit of any matter for which Attorneys have been retained, that law is not an exact science, that Attorneys have made no representations or guarantees of success regarding the conclusion of any particular matter, and that all expressions relative thereto are matters of Attorneys' opinion only. In other words, Attorneys make no representations or guarantees of success regarding any matter. N-2022-102 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. ATTEST: aisy Gomez `f`rClerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney. By: Sa ra M. Schw ann Senior Assistant City Attorney CITY OF SANTA ANA a Zr- Kristine Ridge City Manager GRAVES & KING LLP By: Harvey W. Wimer, IH Managing Partner IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. ATTEST: Daisy Gomez Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: Sandra M. Schwarcmaun Senior Assistant City Attorney CITY OF SANTA ANA Kristine Ridge City Manager GRAY s' & KING LLP Y: veyimer, III Man W'n Partner A` O � KI-01 Di�022 CERTIFICATE OF LIABILI I C DATE MMIDD by rl rsl0'slzOzz THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONF/)j2S V ..LN CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND O R .FF.N/R OLICIES I�N', I�vp BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONT E ,VG I I '7fE��S),�iHOR ZEID REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. — rl.��,� is2-0 IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL IN iURED provisionsorr uv endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, c policies may rPgt• re an endo'�s�rN¢�IO A�j�teD�l�do this certificate does not confer rights to the certificate holder in lieu of such endorse PRODUCER License # 0122529 Gallant Risk and Insurance Services, LLC 4160 Temescal Canyon Rd. Suite 214(Aic Corona, CA 92883 _ CONTACT AME: � H NNo, Ext): (9S1) 36B-07O0 FAX. No :(951) 368-0707 ADDAIL RESS: INSURERS AFFORDING COVERAGE NAICR INSURER A: The Hanover Insurance Company 22292 INSURED INSURER B:Sequoia lnsuranceCom an 22985 INSURER C : HSB Specialty Insurance Company 14438 Graves & King, LLP INSURER D :OBE Insurance Corporation 39217 P.O. Box 1548 Riverside, CA 92502 INSURER E INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF D POLICY EXP MMDD I LIMITS A COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR Contractual Liab X OH3A14081410 1013112021 10/31/2022 EACH OCCURRENCE $ 2,080000 DAEMAGE TO RENTED MISES (Ea nm $ $ 5,000 X MED EXP IAny oft erson PERSONAL&ADV INJURY $ 2,000,000 GEHL AGGREGATE LIMIT APPLIES PER: X POLICY jE8T LOC OTHER: GENERALAGGREGATE $ 4,000,000 PRODUCTS - COMP/OP AGO $ 4,000,000 $ A AUTOMOBILE LIABILITY ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS AURTOS ONLY X AUT03 ONEY OH3A14081410 10131/2021 1013112022 COMBINED SINGLE LIMIT Ea accident 2r000000' BODILY INJURY Per Persan BODILY INJURY Per accident)$ X PPeOPECIRe^I AMAGE $ A X UMBRELLA LIAR EXCESS LIAR X OCCUR CLAIMS�MADE OH3A14081410 10/3112021 1013112022 EACH OCCURRENCE $ 3,000,000 AGGREGATE $ DED I X I RETENTION$ 0 Aggregate %000,000 B WORKERSCOMPENSATION ANDEMPLOYERVLIABILITY YIN ANY PROPRIETORIPARTNER/EXECUUVE [M.F.ICE ryl NM)EXCLUDED? Y Ifyas, describe under DESCRIPTION OF OPERATIONS below NIA OWC1176015 10/3112021 1013112022 X IPER OTH- TT ER E.L. EACH ACCIDENT 1,000�000 $ E.L. DISEASE - EA EMPLOYEE 1,000,000 E.L. DISEASE - POLICY LIMIT 1,000,000 C D Cyber Liability Professional E&O 660612202 LAW2048402 1212112021 111112021 12/21/2022 1111/2022 Per Cim 1MM/Agg Per Clm $2MM/Agg 2,000,000 4,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached if more space is required) The City of Santa Ana is listed as Additional Insured per the attached policy forms. City of Santa Ana 20 Civic Center Plaza, 7th Floor Santa Ana, CA 92701 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) ©1988-2015 ACORD The ACORD name and logo are registered marks of ACORD .rnsA` RiekMalagemmtDivleipn -- REVIEWED&APPROV®8r. A Risk Management Spedalist POLICY NUMBER: 01-13-A140814-10 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESSOWNERS LIABILITY SPECIAL BROADENING ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM SUMMARY OF COVERAGES Limits Page 1. Additional Insured by Contract, Agreement or Permit Included 1 2. Additional Insured - Broad Form Vendors Included 2 3. Alienated Premises Included 3 4. Broad Form Property Damage - Borrowed Equipment, Customers Goods and Use of Elevators Included 3 5. Incidental Malpractice (Employed Nurses, EMT's and Paramedics) Included 3 6. Personal and Advertising Injury - Broad Form Included 4 7. Product Recall Expense Included 4 Product Recall Expense Each Occurrence Limit $25,000 Occurrence 5 Product Recall Expense Aggregate Limit $50,000 Aggregate 5 Product Recall Deductible $500 5 8. Unintentional Failure to Disclose Hazards Included 6 9. Unintentional Failure to Notify Included 6 This endorsement amends coverages provided under the Businessowners Coverage Form through new coverages and broader coverage grants. This coverage is subject to the provisions applicable to the Businessowners Coverage Form, except as provided below. The following changes are made to SECTION II - LIABILITY: 1. Additional Insured by Contract, Agreement or Permit The following is added to SECTION II - LIABILITY, C. Who Is An Insured: Additional Insured by Contract, Agreement or Permit a. Any person or organization with whom you agreed in a written contract, written agreement or permit to add such person or organization as an additional insured on your policy is an additional insured only with respect to liability for "bodily injury", "property damage", or "personal and advertising injury" caused, in whole or in part, by your acts or omissions, or the acts or omissions of those acting on your behalf, but only with respect to: (1) "Your work" for the additional insured(s) designated in the contract, agreement or permit; 71 391-1006 08 16 Includes copyrighted materials of Insurance Services Offices, Inc., with its permi (2) Premises you own, rent, lease or occupy; or (3) Your maintenance, operation or use of equipment leased to you. The insurance afforded to such additional insured described above: (1) Only applies to the extent permitted by law; and (2) Will not be broader than the insurance which you are required by the contract, agreement or permit to provide for such additional insured. (3) Applies on a primary basis if that is required by the written contract, written agreement or permit. (4) Will not be broader than coverage provided to any other insured. (5) Does not apply if the "bodily injury", "property damage" or "personal and advertising injury"is otherwise excluded from coverage under this Coverage Part, including any endorsements thereto. xkkM�edDMsmn R wEwED&nrrew®er: RMW Risk Management SpedM st c. This provision does not apply: (1) Unless the written contract or written agreement was executed or permit was issued prior to the "bodily injury", "property damage", or "personal injury and advertising injury". (2) To any person or organization included as an insured by another endorsement issued by us and made part of this Coverage Part. (3) To any lessor of equipment: (a) After the equipment lease expires; or (b) If the "bodily injury", "property damage", "personal and advertising injury" arises out of sole negligence of the lessor. (4) To any: (a) Owners or other interests from whom a. land has been leased if the "occurrence" takes place or the offense is committed after the lease for the land expires; or (b) Managers or lessors of premises if (1) The "occurrence" takes place or the offense is committed after you cease to be a tenant in that premises; or (ii) The "bodily injury", "property damage", personal injury" or "advertising injury" arises out of structural alterations, new construction or demolition operations performed by or on behalf of the manager or lessor. (5) To "bodily injury", "property damage" or "personal and advertising Injury" arising out of the rendering of or the failure to render any professional 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 failure to render any professional services by or for you. d. With respect to the insurance afforded to these additional insureds, the following is added to SECTION II - LIABILITY, D. Liability and Medical Expense Limits of Insurance: Hanover Insurance Group_ OH3A140814 1001727 The most we will pay on behalf of the additional insured for a covered claim is the lesser of the amount of insurance: 1. Required by the contract, agreement or permit described in Paragraph a.; or 2. Available under the applicable Limits of Insurance shown in the Declarations. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations e. All other insuring agreements, exclusions, and conditions of the policy apply. 2. Additional Insured - Broad Form Vendors The following is added to SECTION II - LIABILITY, C. Who Is An Insured: Additional Insured - Broad Form Vendors Any person or organization that is a vendor with whom you agreed in a written contract or written agreement to include as an additional insured under this Coverage Part is an insured, but only with respect to liability for "bodily injury" or "property damage" arising out of "your products" which are distributed or sold in the regular course of the vendor's business. b. The insurance afforded to such vendor described above: (1) Only applies to the extent permitted by law; (2) Will not be broader than the insurance which you are required by the contract or agreement to provide for such vendor; (3) Will not be broader than coverage provided to any other insured; and (4) Does not apply if the "bodily injury", "property damage" or "personal and advertising injury" is otherwise excluded from coverage under this Coverage Part, including any endorsements thereto c. With respect to insurance afforded to such vendors, the following additional exclusions apply: The insurance afforded to the vendor does not apply to: (1) "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reasons of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the insured would have in the absence of the contract or agreement; (2) Any express warranty unauthorized by you; tCldrMnugmadDlAsIm .. �` REVIEWED&APP EDSY: 391-1006 08 16 Includes copyrighted materials of Insurance services Offices, Inc., with its pern IA-ju Acaw�o :, Ruk Management Sped alit (3) Any physical or chemical change in the product made intentionally by the vendor; (4) Repackaging, unless unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instruction from the manufacturer, and then repackaged in the original container; (5) Any failure to make such inspection, 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 sale of the product; (6) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; (7) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; (8) "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: (a) The exceptions contained within the exclusion in subparagraphs (4) or (6) above; or (b) 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. (9) "Bodily injury" or "property damage" arising out of an "occurrence" that took place before you have signed the contract or agreement with the vendor. (10)To any person or organization included as an insured by another endorsement issued by us and made part of this Coverage Part. (11)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. d. With respect to the insurance afforded to these vendors, the following is added to SECTION II - LIABILITY, D. Liability and Medical Expense Limits of Insurance: The most we will pay on behalf of the vendor for a covered claim is the lesser of the amount of insurance: 1. Required by the contract or agreement described in Paragraph a.; or 2. Available under the applicable Limits of Insurance shown in the Declarations; This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. 3. Alienated Premises SECTION 11 - LIABILITY, B. Exclusions, 1. Applicable To Business Liability Coverage k. Damage to Property, paragraph (2) is replaced by the following: (2) Premises you sell, give away or abandon, if the "property damage" arises out of any part of those premises and occurred from hazards that were known by you, or should have reasonably been known by you, at the time the property was transferred or abandoned. 4. Broad Form Property Damage - Borrowed Equipment, Customers Goods, Use of Elevators a. The following is added to SECTION 11 - LIABILITY, B. Exclusions, 1. Applicable To Business Liability Coverage, k. Damage to Property: Paragraph (4) does not apply to "property damage" to borrowed equipment while at a jobsite and not being used to perform operations. Paragraph (3), (4) and (6) do not apply to "property damage" to "customers goods" while on your premises nor to the use of elevators. b. For the purposes of this endorsement, the following definition is added to SECTION II - LIABILITY, F. Liability and Medical Expenses Definitions: 1. "Customers goods" means property of your customer on your premises for the purpose of being: a. Worked on; or b. Used in your manufacturing process. c. The insurance afforded under this provision is excess over any other valid and collectible property insurance (including deductible) available to the insured whether primary, excess, contingent or on any other basis. 5. Incidental Malpractice - Employed Nurses, EMT's and Paramedics SECTION II - LIABILITY, C. Who Is An Insured, paragraph 2.a.0)(d) does not apply to a nurse, Risk MotagemadDivielmr s REVIEWED &APPRDY®BY-. 391-1006 08 16 Includes copyrighted materials of Insurance Services Offices, Inc., with its permit Y A+.p & ® Ruk Management Specialist emergency medical technician or paramedic employed by you if you are not engaged in the business or occupation of providing medical, paramedical, surgical, dental, x-ray or nursing services. 6. Personal Injury - Broad Form a. SECTION II - LIABILITY, B. Exclusions, 2. Additional Exclusions Applicable only to "Personal and Advertising Injury", paragraph e. is deleted. b. SECTION II - LIABILITY, F. Liability and Medical Expenses Definitions, 14. "Personal and advertising injury", paragraph b. is replaced by the following: b. Malicious prosecution or abuse of process. c. The following is added to SECTION II - LIABILITY, F. Liability and Medical Expenses Definitions, Definition 14. "Personal and advertising injury": "Discrimination" (unless insurance thereof is prohibited by law) that results in injury to the feelings or reputation of a natural person, but only if such "discrimination" is: (1) Not done intentionally by or at the direction of: (a) The insured; (b) Any officer of the corporation, director, stockholder, partner or member of the insured; and (2) Not directly or indirectly related to an "employee", not to the employment, prospective employment or termination of any person or persons by an insured. d. For purposes of this endorsement, the following definition is added to SECTION II - LIABILITY, F. Liability and Medical Expenses Definitions: 1. "Discrimination" means the unlawful treatment of individuals based upon race, color, ethnic origin, gender, religion, age, or sexual preference. "Discrimination" does not include the unlawful treatment of individuals based upon developmental, physical, cognitive, mental, sensory or emotional impairment or any combination of these. e. This coverage does not apply if liability coverage for "personal and advertising injury" is excluded either by the provisions of the Coverage Form or any endorsement thereto. 7. Product Recall Expense a. SECTION II - LIABILITY, B. Exclusions, 1. Applicable To Business Liability Coverage, me Hanover Insurance Group- 01­13A140814 1001727 o. Recall of Products, Work or Impaired Property is replaced by the following: o. Recall of Products, Work or Impaired Property Damages claimed for any loss, cost or expense incurred by you or others for the loss of use, withdrawal, recall, inspection, repair, replacement, adjustment, removal or disposal of: (1) "Your product", (2) "Your work"; or (3) "Impaired property" If such product, work or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect, deficiency, inadequacy or dangerous condition in it, but this exclusion does not apply to "product recall expenses" that you incur for the "covered recall" of "your product". However, the exception to the exclusion does not apply to "product recall expenses" resulting from: (4) Failure of any products to accomplish their intended purpose; (5) Breach of warranties of fitness, quality, durability or performance; (6) Loss of customer approval, or any cost incurred to regain customer approval; (7) Redistribution or replacement of "Your product" which has been recalled by like products or substitutes; (8) Caprice or whim of the insured; (9) A condition likely to cause loss of which any insured knew or had reason to know at the inception of this insurance; (10)Asbestos, including loss, damage or clean up resulting from asbestos or asbestos containing materials; or (11)Recall of "your products" that have no known or suspected defect solely because a known or suspected defect in another of "your products" has been found. b. The following is added to SECTION II - LIABILITY, C. Who Is An Insured, paragraph 3.b.: "Product recall expense" arising out of any withdrawal or recall that occurred before you acquired or formed the organization. 391-1006 08 16 Includes copyrighted materials of Insurance Services Offices, Inc., with its pern RideMm VmeM.DMslun REVIEWED & Arvawm ft �� Risk Management Sp—," 01 c. The following is added to SECTION II - LIABILITY, D. Liability and Medical Expenses Limits of Insurance: Product Recall Expense Limits of Insurance a. The Limits of Insurance shown in the SUMMARY OF COVERAGES of this endorsement and the rules stated below fix the most that we will pay under this Product Recall Expense Coverage regardless of the number of: (1) Insureds; (2) "Covered Recalls" initiated; or (3) Number of "your products" withdrawn. b. The Product Recall Expense Aggregate d. Limit is the most that we will reimburse you for the sum of all "product recall expenses" incurred for all "covered recalls" initiated during the policy period. c. The Product Recall Each Occurrence Limit is the most we will pay in connection with any one defect or deficiency. d. All "product recall expenses" in connection with substantially the same general harmful condition will be deemed to arise out of the same defect or deficiency and considered one "occurrence". e. Any amount reimbursed for "product recall expenses" in connection with any one 'occurrence" will reduce the amount of the Product Recall Expense Aggregate Limit available for reimbursement of "product recall expenses" in connection with any other defect or deficiency. f. If the Product Recall Expense Aggregate Limit has been reduced by reimbursement of "product recall expenses" to an amount that is less than the Product Recall Expense Each Occurrence Limit, the remaining Aggregate Limit is the most that will be available for reimbursement of "product recall expenses" in connection with any other defect or deficiency. g. Product Recall Deductible We will only pay for the amount of "product recall expenses" which are in excess of the $500 Product Recall Deductible. The Product Recall Deductible applies separately to each 'covered 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, if applicable. Upon notice of our payment of a deductible amount, you shall promptly reimburse us for the part of the deductible amount we paid. The Product Recall Expense Limits of Insurance apply separately to each consecutive annual period and to any remaining period of less than 12 months, starting with the beginning of the policy period shown in the Declarations, unless the policy period is extended after issuance for an additional period of less than 12 months. In that case, the additional period will be deemed part of the last preceding period for the purposes of determining the Limits of Insurance. The following is added to SECTION II - LIABILITY, E. Liability and Medical Expense General Conditions, 2. Duties in the Event of Occurrence, Offense, Claim or Suit: You must see to it that the following are done in the event of an actual or anticipated "covered recall' that may result in "product recall expense": (1) Give us prompt notice of any discovery or notification that "your product" must be withdrawn or recalled. Include a description of "your product' and the reason for the withdrawal or recall; (2) Cease any further release, shipment, consignment or any other method of distribution of like or similar products until it has been determined that all such products are free from defects that could be a cause of loss under this insurance. e. For the purposs of this endorsement, the following definitions are added to SECTION II - LIABILITY, F. Liability and Medical Expenses Definitions: 1. "Covered recall' means a recall made necessary because you or a government body has determined that a known or suspected defect, deficiency, inadequacy, or dangerous condition in "your product" has resulted or will result in "bodily injury" or "property damage". 2. 'Product recall expense(s)" means: a. Necessary and reasonable expenses for: (1) Communications, including radio or television announcements or printed advertisements including stationary, envelopes and postage; 391-1006 08 16 Includes copyrighted materials of Insurance Services Offices, Inc., with its permit RAMaugementDbis'ian REviE &APPRWmBY: Xfi A,w44 �'. - Risk Management Specialist (2) Shipping the recalled products from any purchaser, distributor or user to the place or places designated by you; (3) Remuneration paid to your regular "employees" for necessary overtime; (4) Hiring additional persons, other than your regular "employees" (5) Expenses incurred by "employees" including transportation and accommodations; (6) Expenses to rent additional warehouse or storage space; (7) Disposal of "your product", but only to the extent that specific methods of destruction other than those employed for trash discarding or disposal are required to avoid 'bodily injury" or "property damage' as a result of such disposal, you incur exclusively for the purpose of recalling "your product'; and b. Your lost profit resulting from such "covered recall". f. This Product Recall Expense Coverage does not apply: The Hanover insurance Group_ OH3A140814 1001727 (1) If the "products - completed operations hazard" is excluded from coverage under this Coverage Part including any endorsement thereto; or (2) To "product recall expense' arising out of any of "your products" that are otherwise excluded from coverage under this Coverage Part including endorsements thereto. 8. Unintentional Failure to Disclose Hazards The following is added to SECTION II - LIABILITY, E. Liability and Medical Expenses General Conditions: Representations We will not disclaim coverage under this Coverage Part if you fail to disclose all hazards existing as of the inception date of the policy provided such failure is not intentional. 9. Unintentional Failure to Notify The following is added to SECTION II - LIABILITY, E. Liability and Medical Expenses General Conditions, 2. Duties in the Event of Occurrence, Offense, Claim or Suit: Your rights afforded under this Coverage Part shall not be prejudiced if you fail to give us notice of an 'occurrence", offense, claim or "suit', solely due to your reasonable and documented belief that the 'bodily injury", "property damage' or "personal and advertising Injury" Is not covered under this Policy. ALL OTHER TERMS, CONDITIONS, AND EXCLUSIONS REMAIN UNCHANGED. 391-1006 08 16 Includes copyrighted materials of Insurance Services Offices, Inc., with its pern RiskMvugmadDiAsim REmew &APPRov®BY: "1�it11,I,f1- A,.� Auv«la `® Ruk Management SpeciNis, GRAVES & KING, LLP P.O. BOX 1548 RIVERSIDE, CA 92502 GRAVES & KING, LLP P.O. BOX 1548 RIVERSIDE, CA 92502 Hanover Insurance Group_ OH3A140814 1001637 ' REmADM &APP LDlwlon �' M Management Sped *l,sp[ 4 Hanover ]nsurance Group- OHM40814 1001637 Dear Policyholder As your local independent agent and on behalf of the employees of The Hanover Insurance Group from coast to coast, thank you for placing your insurance coverage with us. Since 1852 Hanover has provided quality insurance protection for businesses large and small. Today, nearly a million people insure their automobiles, homes, boats, businesses and more with one of Hanover's fine companies. Hanover has a very simple corporate goal: To provide affordable insurance to responsible safety -minded customers - customers like you. We are proud of the excellent rating Hanover has earned within our industry and of their reputation for treating customers responsibly. Your renewal policy has been prepared with care. Please take time to review it, including your new Declarations Page which illustrates your coverage selections and limits of pro- tection. If you have any questions, please contact us. Sincerely, RiekMnuganadDiWbn REYE & APPRova) By. W '® A-ju Auuuta Ruk Management SpeuXs[ 4The z,'� Hanover ]nsurance Group_ 01-13A140614 1001637 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TRADE OR ECONOMIC SANCTIONS ENDORSEMENT This insurance does not apply to the extent that trade or economic sanctions or other laws or regulations prohibit us from providing insurance, including, but not limited to, the payment of claims. ALL OTHER TERMS, CONDITIONS, AND EXCLUSIONS REMAIN UNCHANGED. w.tn+�o torte �n 401 -1337 02 16 Includes copyrighted materials of Insurance Services Offices, Inc., with its permit RtmE AppRov , n A-14 Auwrte �� Risk Management Speamst Hanover ]nsur, ce Croup- 01-13 A140814 1001637 IMPORTANT INFORMATION ABOUT YOUR INSURANCE COMPANY The Home Office address for the Insurance Company shown on the policy Declarations page is: Allmerica Financial Alliance Insurance Company (A Stock Company) 440 Lincoln Street Worcester, MA 01653-0002 Allmerica Financial Benefit Insurance Company (A Stock Company) 440 Lincoln Street Worcester. MA 01653-0002 Campmed Casualty & Indemnity Company, Inc. (A Stock Company) 440 Lincoln Street Worcester, MA 01653-0002 Citizens Insurance Company of America (A Stock Company) 808 North Highlander Way Howell, MI 48843-1070 Citizens Insurance Company of Illinois (A Stock Company) 333 West Pierce Road, Suite 300 Itasca, IL 60143-3114 Citizens Insurance Company of the Midwest (A Stock Company) 9229 Delegates Row, Suite 100 Indianapolis, IN 46240-3824 Citizens Insurance Company of Ohio (A Stock Company) 4400 Easton Commons Way, Suite 125 Columbus, OH 43219-6223 401-1377 06 20 The Hanover American Insurance Company (A Stock Company) 440 Lincoln Street Worcester. MA 01653-0002 The Hanover Insurance Company (A Stock Company) 440 Lincoln Street Worcester, MA 01653-0002 The Hanover Casualty Company (A Stock Company) 440 Lincoln Street Worcester, MA 01653-0002 Massachusetts Bay Insurance Company (A Stock Company 440 Lincoln Street Worcester, MA 01653-0002 The Hanover New Jersey Insurance Company (A Stock Company) 40 Lincoln Street Worcester. MA 01653-0002 Varian Fire Insurance Company (A Stock Company) 440 Lincoln Street Worcester, MA 01653-0002 Nova Casualty Company (A Stock Company) 440 Lincoln Street Worcester, MA 01653-0002 ]t�r,�gemwu�wi�n FZEnEweo&AnRmm8r: ®'. A+jtu "4�- ® Risk Managemen[Spenalist Hanover Jnsurance Croup- OH3A140814 1001637 THIS NOTICE IS PROVIDED IN RESPONSE TO THE DISCLOSURE REQUIREMENTS OF THE TERRORISM RISK INSURANCE ACT. THIS NOTICE DOES NOT GRANT COVERAGE OR CHANGE THE TERMS AND CONDITIONS OF COVERAGE UNDER THE POLICY. IF THERE IS A CONFLICT BETWEEN THIS NOTICE AND THE POLICY, THE PROVISIONS OF THE POLICY SHALL APPLY. DISCLOSURE PURSUANT TO TERRORISM RISK INSURANCE ACT SCHEDULE DISCLOSURE OF PREMIUM: Total Terrorism Premium $ 50.00 Fire Following Premium $ 15.00 Other than Fire Following Premium $ 10.00 Disclosure of Terrorism Coverage Available You are hereby notified that under the Terrorism Risk Insurance Act, as amended, you have a right to purchase insurance coverage for losses resulting from "acts of terrorism" defined in Section 102(1) of the Act as follows: Any act or acts that are certified by the Secretary of the Treasury, in accordance with the provisions of the federal Terrorism Risk Insurance Act, to be an act of terrorism; to be a violent act or an act that is dangerous to human life, property, or infrastructure; to have resulted in damage within the United States, or outside the United States in the case of certain air carriers or vessels or the premises of a United States mission; and to have been committed by an individual or individuals, as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. The premium charged for this coverage is provided in the SCHEDULE above and does not include any charges for the portion of loss that may be covered by the Federal Government as described below. This premium has been added to your policy and unless this form is signed and returned to us to reject terrorism coverage, coverage for Certified Acts of Terrorism is provided by your policy. Your policy may contain other exclusions which could affect your coverage, such as an exclusion for Nuclear Events or Pollution. Please read your policy carefully. Note for Commercial Property or Commercial Inland Marine Policyholders in Standard Fire States: In Standard Fire states, terrorism exclusions make an exception for (and therefore provide coverage for) fire losses resulting from an act of terrorism. Any policyholder with a location that we insure in a Standard Fire State that rejects our offer of terrorism coverage in this form will still have coverage with us for fire losses resulting from an act of terrorism. Explanation of Premium If a dollar amount is shown for Fire Following Premium in the SCHEDULE above that means we insure a location of yours in a Standard Fire State. Fire Following Premium is shown in the SCHEDULE above regardless of whether a policyholder with a location that we insure in a Standard Fire State accepts or rejects terrorism coverage with us. Fire Following Premium represents the charge for the coverage we provide for fire losses resulting from acts of terrorism. Fire Following Premium does not include Other Than Fire Following Premium. All Other Than Fire Following Premium is shown in the Other Than Fire Following Premium field in the SCHEDULE above. If a dollar amount is shown for Other Than Fire Following Premium in the SCHEDULE above that means you have accepted terrorism coverage with us. Other Than Fire Following Premium represents the charge for terrorism coverage. Other Than Fire Following Premium does not include Fire Following Premium. If applicable, all Fire Following Premium is shown in the Fire Following Premium field in the SCHEDULE above. MA mmsgemmtDhislan RE+neWED&APPRov®By: 401-1374 12 20 Includes copyrighted material of Insurance Services Office, Inc., with its permiE A--p Auwda ® Risk Management SpeaAist The dollar amount shown for Total Terrorism Premium in the SCHEDULE above represents the sum of premium for Fire Following Premium and Other Than Fire Following Premium. Disclosure of Federal Participation in Payment of Terrorism Losses The United States Government, Department of the Treasury, will pay a share of terrorism losses insured under the federal program. The federal share equals 80% of that portion of the amount of such insured losses that exceeds the applicable insurer retention. However, if aggregate insured losses attributable to terrorist acts certified under the Terrorism Risk Insurance Act exceed $100 billion in a calendar year, the Treasury shall not make any payment for any portion of the amount of such losses that exceeds $100 billion. Cap on Insurer Participation in Payment of Terrorism Losses If aggregate insured losses attributable to terrorist acts certified under the Terrorism Risk Insurance Act exceed $100 billion in a calendar year and we have met our insurer deductible under the Terrorism Risk Insurance Act, we shall not be liable for the payment of any portion of the amount of such losses that exceeds $100 billion, and in such case insured losses up to that amount are subject to pro rate allocation in accordance with procedures established by the Secretary of the Treasury. Rejection of Terrorism Insurance Coverage* I decline to purchase terrorism coverage for certified acts of terrorism. I understand that I will have no coverage for losses resulting from certified acts of terrorism. HANOVER INSURANCE COMPANY Applicant/Policyholder Signature Insurance Company 0H3-A140814-10 Print Name Date *If this policy is a renewal and: Quote or Policy Number a. You have previously submitted a signed Rejection, you are not required to submit an additional Rejection at this time; or b. You have previously accepted coverage and now wish to reject, you are required to complete and sign the Rejection of Terrorism Insurance Coverage above. 401-1374 12 20 Includes copyrighted material of Insurance Services Office, Inc., with its permise �/ ty Ride Managmient Dh isimt REVIEWED&APPROV®BY: _. - Ruk Manngemen[Spetlzlist The Z,,' 4 Hanover Insurance Group.. 01-13A140814 1001637 IDENTITY THEFT RESOLUTION SERVICES (POWERED BY IDENTITY THEFT 911) Are you or your resident family members at risk for identity theft? Do you need expert assistance with an identity -related concern? IDENTITY THEFT RESOLUTION SERVICES from Identity Theft 911 give you one-on-one assistance in the following situations: Access Phone Number. 800-628-0250 If you or a resident family member suffer the loss or theft of private personal data, contact Identity Theft 911 for proactive guidance that can include Fraud Alert service. If you wish, a fraud specialist can assist and place a free fraud alert on your credit file to reduce the risk of fraudulent accounts opened in your name. This service also includes additional preventative measures and one-on-one assistance, depending on the risk. If you or a resident family member suffer the loss or theft of private personal data, contact Identity Theft 911 for Identity Restoration Case Management services. A fraud specialist will guide you through the process of restoring your identity and handle all of the work, including completed documentation and notification assistance. Victims also receive one year of credit monitoring, as well as free fraud monitoring of over 1,000 public databases. Learn How to Protect Your Identity We recommend that you regularly visit The Hanover Insurance Group and Identity Theft 911 comprehensive resource and knowledge library - www.hanover-identitytheft911.com - for the latest media alerts, identity theft tips, in-depth newsletters and much more. Keep this access information handy in case you ever need help with an identity -related problem. Access Phone Number: 800-628-0250 The Hanover Insurance Group makes no guarantee of results and assumes no liability in connection with either the information or assistance provided by Identity Theft 911. Any and all external Websites are for informational purposes only. 391-1585 12 11 Copyright 2009, The Hanover Insurance Group Dr cnureas rwfarrad to herein RAMatugemedDMslnn REVIEWED &APpR mBr. � Risk ManagementSpecialist Hanover ]Trance Group_ OH3A140814 1001637 Customer Notice of Privacy Policy and Producer Compensation Practices Disclosures Privacy Policy Disclosure Collection of Information We collect personal information so that we may offer quality products and services. This information may include, but is not limited to, name, address, Social Security number, and consumer reports from consumer reporting agencies in connection with your application for insurance or any renewal of insurance. For example, we may access driving records, insurance scores or health information. Our information sources will differ depending on your state and/or the product or service we are providing to you. This information may be collected directly from you and/or from affiliated companies, non-affiliated third parties, consumer reporting agencies, medical providers and third parties such as the Medical Information Bureau. We, and the third parties we partner with, may track some of the web pages you visit through cookies, pixel tagging or other technologies. We currently do not process or comply with any web browser's "do not track" signals or similar mechanisms that request us to take steps to disable online tracking. For additional information regarding online privacy, please see our online privacy statement, located at www.hanover.com Disclosure of Information We may disclose non-public, personal information you provide, as required to conduct our business and as permitted or required by law. We may share information with our insurance company affiliates or with third parties that assist us in processing and servicing your account. We also may share your information with regulatory or law enforcement agencies, reinsurers and others, as permitted or required by law. Our insurance companies may share information with their affiliates, but will not share information with non-affiliated third parties who would use the information to market products or services to you. Our standards for disclosure apply to all of our current and former customers. Safeguards to Protect Your Personal Information We recognize the need to prevent unauthorized access to the information we collect, including information held in an electronic format on our computer systems. We maintain physical, electronic and procedural safeguards intended to protect the confidentiality and integrity of all non-public, personal information, including but not limited to social security numbers, driver's license numbers and other personally identifiable information. Internal Access to Information Access to personal, non-public information is limited to those people who need the information to provide our customers with products or services. These people are expected to protect this information from inappropriate access, disclosure and modification. Consumer Reports In some cases, we may obtain a consumer report in connection with an application for insurance. Depending on the type of policy, a consumer report may include information about you or your business, such as: • character, general reputation, personal characteristics, mode of living; • credit history, driving record (including records of any operators who will be insured under the policy); and/or • an appraisal of your dwelling or place of business that may include photos and comments on its general condition. Access to Information Upon written request, we will inform you if we have ordered an investigative consumer report. You have the right to make a written request within a reasonable period for information concerning the nature and scope of the report and to be interviewed as part of its preparation. You may obtain a copy of the report from the reporting agency and, under certain circumstances, you may be entitled to a copy at no cost. 231-0862 12 14 AMC RLvierrRiM l.Wuieian Wm&APPAPPRW®BY: si. , " :a A+juA� ® Risk Management Spedalm You also may review certain information we have about you or your business in our files. To review information we maintain in our files about you or your business, please write to us, providing your complete name, address and policy number(s), and indicating specifically what you would like to see. If you request actual copies of your file, there may be a nominal charge. We will tell you to whom we have disclosed the information within the two years prior to your request. If there is not a record indicating that the information was provided to another party, we will tell you to whom such information is normally disclosed. There is information that we cannot share with you. This may include information collected in order to evaluate a claim under an insurance policy, when the possibility of a lawsuit exists. It may also include medical information that we would have to forward to a licensed medical doctor of your choosing so that it may be properly explained. Correction of Information If after reviewing your file you believe information is incorrect, please write to the consumer reporting agency or to us, whichever is applicable, explaining your position. The information in question will be investigated. If appropriate, corrections will be made to your file and the parties to whom the incorrect information was disclosed, if any, will be notified. However, if the investigation substantiates the information in the file, you will be notified of the reasons why the file will not be changed. If you are not satisfied with the evaluation, you have the right to place a statement in the file explaining why you believe the information is incorrect. We also will send a copy of your statement to the parties, if any, to whom we previously disclosed the information and include it in any future disclosures. Our Commitment to Privacy In the insurance and financial services business, lasting relationships are built upon mutual respect and trust. With that in mind, we will periodically review and revise our privacy policy and procedures to ensure that we remain compliant with all state and federal requirements. If any provision of our privacy policy is found to be non -compliant, then that provision will be modified to reflect the appropriate state or federal requirement. If any modifications are made, all remaining provisions of this privacy policy will remain in effect. For more detailed information about our customer privacy policy (including any applicable state -specific policies) and our online privacy statement, visit our Web site, located at www.hanover.com Further Information If you have questions about our customer privacy policy (including any applicable state -specific policies) or our online privacy statement, or if you would like to request information we have on file, please write to us at our Privacy Office, N435, The Hanover Insurance Group, Inc., 440 Lincoln Street, Worcester, MA 01653. Please provide your complete name, address and policy number(s). A copy of our Producer Compensation Disclosure is also available upon written request addressed to the attention of the Corporate Secretary, N435, The Hanover Insurance Group, 440 Lincoln Street, Worcester, MA 01653. Producer Compensation Disclosure Our products are sold through independent agents and brokers, often referred to as "Producers." We may pay Producers a fixed commission for placing and renewing business with our company. We may also pay additional commission and other forms of compensation and incentives to Producers who place and maintain their business with us. Details of our Producer compensation practices may be found at www.hanover.com This notice is being provided on behalf of the following Hanover Companies: The Hanover Insurance Group, Inc. - Allmerica Financial Alliance Insurance Company - Allmerica Financial Benefit Insurance Company - Allmerica Plus Insurance Agency, Inc. - Citizens Insurance Company of America - Citizens Insurance Company of Illinois - Citizens Insurance Company of the Midwest - Citizens Insurance Company of Ohio - Citizens Management, Inc. - AIX Ins. Services of California, Inc.- Campania Insurance Agency Co. Inc. - Campmed Casualty & Indemnity Co. Inc. - Chaucer Syndicates Limited- Educators Insurance Agency, Inc. - Hanover Specialty Insurance Brokers, Inc. - The Hanover American Insurance Company - The Hanover Insurance Company - The Hanover New Jersey Insurance Company - The Hanover National Insurance Company - Hanover Lloyd's Insurance Company - Massachusetts Bay Insurance Company - Opus Investment Management, Inc. - Professionals Direct Insurance Services, Inc. -Professional Underwriters Agency, Inc. - Verlan Fire Insurance Company - Nova Casualty Company - AIX Specialty Insurance Company. 231-066212 14 Jvn••yf�.., RkkMaPgMatDMelon REVIEWED 6 APPRO mBY: cN A+�Z A,a4 �� Risk Management SpeciAist OH3A140814 1001637 4 Hanover Insurance Group_ Your Avenues Businessowners Insurance Policy > REVIEWm6MPROV®Br: �' Risk Management Sperialist 33 BUSINESSOWNERS DECLARATION 1SINESSOWNERS RENEWAL DECLARATIONS RENEWAL OF OH3 A140814 Hanover Insurance Group- Policy Number Policy Period From To Coverage is Provided in the Agency Code OH3 A140814-10 10131/2021 10/31I2022 HANOVER INSURANCE COMPANY 100163700 Named Insured and Address Agent GRAVES & KING, LLP 951-368-0700 P.O. BOX 1548 GALLANT RISK & INSURANCE RIVERSIDE, CA 92502 SERVICES INC. 4160 TEMESCAL CANYON RD CORONA, CA 92883 Policy Period: Beginning and Ending at 12:01 a.m. Standard Time at the Location of the Described Premises. Business Type: PARTNERSHIP. Mortgagee/Loss Payable: SEE ADDITIONAL INTEREST SCHEDULE Business of the Named Insured: OFFICE. In consideration of the premium, insurance is provided the Named Insured with respect to those premises described in the Schedule below and with respect to those coverages and kinds of property for which a specific Limit of Insurance is shown, subject to all of the terms of this policy including forms and endorsements made a part hereof: LOCATION SCHEDULE Described Premises: NO. 001 001 500 N BRAND BLVD STE 1850, GLENDALE, CA 91203 NO. 002001 3610 14TH ST 2ND FLOOR, RIVERSIDE, CA 92501 SECTION I - PROPERTY LIMITS OF INSURANCE Loc No 001 Bldg No 001 Loc No 002 1 Bldg No 001 Loc No Bldg No Deductible Amount $ 1,000 $ 1, 000 $ Building Amount NOT COVERED NOT COVERED Valuation Business Personal $ 138,604 $ 200,557 Property Valuation RC RC Business Income ACTUAL BUSINESS LOSS SUSTAINED NOT EXCEEDING 12 CONSECUTIVE MONTHS Business Income Excluded / None / 24 hours 148 hours 172 hours WaitingPeriod 48 HOURS SECTION II - LIABILITY I LIMITS OF INSURANCE Liability and Medical Expenses Limits of Insurance: Except for Damage to Premises Rented to You, each paid claim for the following coverages reduce the Amount of Insurance we provide during the applicable annual period. Please refer to SECTION II - LIABILITY, D. LIABILITY AND MEDICAL EXPENSES LIMITS OF INSURANCE, paragraph.4. of the Businessowners Coverage Form. Liability and Medical Expenses Limit 1$ 2, 000,000 Per Occurrence $ 4, 0 0 0, 0 0 0 Aggregate _ Medical Expenses Is 5, 000 Each Person Damage to Premises Rented to You 1 $ 300, 000 All Perils Risk MwagemmtDlvisIm .. 5 REmEWED&APPRovmff: Alf 9 "4Lo ®Ruk Management Speaalist Date Issued: 08/27/2021 391.1002 08 16 ORIGINAL/INSURED Payment Type: DIRECT I SM BUSINESSOWNERS DECLARATION JSINESSOWNERS RENEWAL DECLARATIONS RENEWAL OF OH3 A140814 Hanover Insurance Group- Policy Number Policy Period From To Coverage is Provided in the Agency Code OH3-A140814-10 10/31/2021 10/31/2022 HANOVER INSURANCE COMPANY 100163700 Named Insured and Address GRAVES & KING, LLP P.O. BOX 1548 RIVERSIDE, CA 92502 Agent 951-368-0700 GALLANT RISK & INSURANCE SERVICES INC. 4160 TEMESCAL CANYON RD CORONA, CA 92883 Additional Property Coverages and Extensions: See attached Schedule for Additional Coverages provided for under this Policy. Additional Liability Coverages: General Liability Broadening Endorsement General Liability Class: 85097 Description: ATTORNEYS OFFICES Liability Exposure: 2,400 Sq.FT Policy Forms, Endorsements and Optional Coverages Attached: See Forms and Endorsements Schedule TOTAL BOP COVERAGE PREMIUM: $2,509.00 BOP TERRORISM COVG (INCLUDED IN TOTAL POLICY PREMIUM) $ 15.00 OTHER THAN FIRE FOLLOWING NOT COVERED FIRE FOLLOWING $ 15.00 TOTAL UMBRELLA COVERAGE PREMIUM: $1,275.00 UMB TERRORISM COVG (INCLUDED IN TOTAL POLICY PREMIUM) NOT COVERED TOTAL POLICY PREMIUM IS: $3,784.00 Countersigned this _ Day of Authorized Representative This Declarations Page with the Policy Contract, Forms and Endorsements_ if anv. Complete the Policy. RiMougemadsk 7 ekREMDVED&APPRW Sr Date Issued: 08/27/2021 ORIGINAL/INSURED Payment Type: DIRECT BILL i 391-1002 0816 Ruk Management SPeciaes[ Hanover Insurance Group_ ADDITIONAL INTEREST SCHEDULE BUSINESSOWNERS RENEWAL DECLARATIONS 33 RENEWAL OF OH3 A140814 Policy Number Policy Period Coverage is Provided in the Agency Code From To 01-13-A140814-10 10/31/2021 10/31/2022 tHANOVER INSURANCE COMPANY 100163700 Named Insured and Address GRAVES & KING, LLP P.O. BOX 1548 RIVERSIDE, CA 92502 Name And Address CANON FINANCIAL SERVICES, INC., LEASE NO: 0010737411001 PO BOX 3547 BELLEVUE, WA 98009 CANON FINANCIAL SERVICES, INC., LEASE NO: 0010737411001 PO BOX 3547 BELLEVUE, WA 98009 T&C BUILDING 3610 14TH ST., #2 RIVERSIDE, CA 92501 Form 391-1014 (7-99) Date Issued: 08127/2021 Agent 951-368-0700 GALLANT RISK & INSURANCE SERVICES INC. 4160 TEMESCAL CANYON RD CORONA, CA 92883 Interest Type LOSS PAYEE LOSS PAYEE MORTGAGEE ORIGINAL/INSURED Location Building 001 01 002 01 002 01 � •% liieleMvogeinvitiTviaiwi REviE &APPROV®aV: ® Risk Management Spedalist Hanover Insurance Group - ADDITIONAL PROPERTY COVERAGES AND EXTENSIONS BUSINESSOWNERS RENEWAL DECLARATIONS 33 RENEWAL OF OH3 A140814 Policy Number Policy Period From From To Coverage is Provided in the Agency Code OH3-A140814-10 2021 10I31I2022 HANOVER INSURANCE COMPANY 100163700 Named Insured and Address GRAVES & KING, LLP P.O. BOX 1548 RIVERSIDE, CA 92502 Additional Property Coverages & Extensions DEBRIS REMOVAL PRESERVATION OF PROPERTY FIRE DEPARTMENT SERVICE CHARGE POLLUTANT CLEAN-UP AND REMOVAL MONEY ORDERS AND COUNTERFEIT MONEY FORGERY OR ALTERATION GLASS EXPENSES REWARDS ARSON, THEFT AND VANDALISM TENANT SIGNS FIRE PROTECTION EQUIPMENT RECHARGE INSTALLATION FLOATER FINE ARTS FENCE AND WALLS SALES REPRESENTATIVE SAMPLES LEASEHOLD INTEREST (TENANTS ONLY) UNAUTHORIZED BUSINESS CREDIT CARD USE UTILITY SERVICES DIRECT DAMAGE BUSINESS INCOME DEFERRED PAYMENTS NEWLY ACQUIRED OR CONSTRUCTED PROPERTY BUILDINGS PERSONAL PROPERTY BUSINESS INCOME AND EXTRA EXPENSE OUTDOOR PROPERTY -TREES, SHRUBS AND PLANTS-$1,000 EACH ITEM Form 391-1018 (7-02) Date Issued: OS/27/2021 Agent 951-368-0700 GALLANT RISK & INSURANCE SERVICES INC. 4160 TEMESCAL CANYON RD CORONA, CA 92883 Deductible NONE NONE NONE NONE $500 $500 $250 NONE $500 NONE $1, 000 $500 SEE BUILDING AND CONTENTS DEDUCTIBLE $1, 000 NONE NONE $500 24 HOURS NONE $500 $500 SEE WAITING PERIOD $500 Amount Included $25, 000 90 DAYS $25,000 $25,000 $5, 000 $25,000 INCLUDED $10,000 $5,000 $25,000 $5, 000 $10,000 INCLUDED $5,000 $10, 000 $5,000 $10,000 $5,000 $5,000 180 DAYS $1, 000,000 $500,000 $250,000 $10,000 Additional Amount Increase N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A Total Limit $25, 000 90 DAYS $25, 000 $25,000 $5,000 $25,000 INCLUDED $10, 000 $5, 000 $25, 000 $5, 000 $10, 000 INCLUDED N/A $5, 000 N/A $10, 000 N/A $5, 000 N/A N/A $10, 000 N/A $5, 000 N/A $5, 000 N/A 180 DAYS N/A $1,000,000 N/A $500,000 N/A $250,000 N/A $10,000 Ride Managemnst ➢Mslan RE AEwm &..Al.n`PPzaovmr. 8 R6k Management Spo4 alAm ORIGINAL/INSURED Hanover Insurance Group - ADDITIONAL PROPERTY COVERAGES AND EXTENSIONS BUSINESSOWNERS RENEWAL DECLARATIONS 33 RENEWAL OF OH3 A140814 Policy Number Policy Period From To Coverage is Provided in the Agency Code OH3-A140814-10 10/31/2021 10/31/2022 HANOVER INSURANCE COMPANY 1001637/10 Named Insured and Address GRAVES & KING, LLP P.O. BOX 1548 RIVERSIDE, CA 92502 Additional Property Coverages & Extensions PERSONAL EFFECTS INVENTORY AND LOSS APPRAISAL KEY REPLACEMENT AND LOCK REPAIR APPURTENANT STRUCTURE PERSONAL PROPERTY IN TRANSIT EXTENDED BUSINESS INCOME EMPLOYEE THEFT INCLUDING ERISA COMPLIANCE COMMERCIAL TOOLS AND SMALL EQUIP PERSONAL PROPERTY OFF PREMISES BUSINESS INCOME FROM DEPENDENT PROPERTIES TERRORISM INTERRUPTION OF COMPUTER OPERATIONS BUSINESS PERSONAL PROPERTY TEMPORARILY IN PORTABLE STORAGE UNITS CIVIL AUTHORITY COMPUTER AND FUNDS TRANSFER FRAUD LIMITED COVERAGE FOR FUNGI, WET ROT, OR DRY ROT PAVED SURFACES TENANT BUILDING COVERAGE - REQUIRED BY LEASE TENANT BUSINESS PERSONAL PROPERTY COVERAGE - REQUIRED BY LEASE Form 391-1018 (7-02) Date Issued: 08/2712021 Agent 4b'iQ�I:�ZrIr: GALLANT RISK & INSURANCE SERVICES INC. 4160 TEMESCAL CANYON RD CORONA, CA 92883 Deductible $500 NONE NONE $500 $1, 000 $1, 000 $500 $1, 000 72 HOURS SEE BUILDING AND CONTENTS DEDUCTIBLE SEE WAITING PERIOD $500 72 HOURS $500 $500 $500 $500 $500 Amount Included $10, 000 $10, 000 $1, 000 $50,000 $10,000 30 DAYS $10,000 $5, 000 $50, 000 $5,000 SAME AS PROPERTY LIMITS OF INSURANCE IF COVERED $10, 000 $25, 000 4 WEEKS $5, coo $50, 000 $25,000 $25, 000 $25,000 Additional Amount Increase N/A N/A N/A N/A N/A N/A N/A Total Limit $10,000 $10,000 $1, 000 $50, coo $10, 000 30 DAYS $10,000 N/A $5, 000 N/A $50,000 N/A $5, 000 N/A SAME AS PROPERTY LIMITS OF INSURANCE IF COVERED N/A $10, 000 N/A $25, 000 N/A 4 WEEKS N/A $5, 000 N/A $50, 000 N/A $25, 000 N/A $25,000 N/A $25,000 Rlnle ManaganmtDlvWan a REVIEWED &APPROV®BY. Xfg Aeo44 MOWN—. Ruk Management SpeaNtst ORIGINAUINSURED w.kMmugemm,eoMsI REVIEWED&APPRO mBr A*fA Acevedo ��Rnk Management Specialist From:City of Santa Ana To:St Clair, Suzanne; Quintana, David; hwimer@gravesandking.com; pglever@gravesandking.com Subject:Internal Notice of Compliance Date:Wednesday, November 1, 2023 5:17:07 PM NOTICE OF COMPLIANCE CITY STAFF: PRINT THIS PAGE AND INCLUDE WITH AGREEMENT TO THE CLERK OF THE COUNCIL Contractor Graves & King, LLP Name: Project N-2022-102 Number: Project Legal Services Agreement With Graves & King LLP Name: The Certificate of Insurance (COI) submitted indicates that the coverages are in compliance with the insurance requirements. No further action is required at this time. The compliant coverage(s) are: POLICYEXPIRATION TYPE OF INSURANCECOI DATEFILE NAME NUMBERDATE City of Santa PROFESSIONAL LIABILITYLAW204840411/01/202410/17/2023 Ana.pdf Thank you, City of Santa Ana Risk Management Division in partnership with CTrax Plus Services Team 11/1/2023 8:16 PM