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Home My WebLink AboutINFINITY COMMUNICATIONS AND CONSULTING, INC. (5).VSURANCE ON FILE ORK MAY PROCEED awiIL INSURANCE EXPIRES -7 •22 LRK OF COUNCIL i4E: JUN 3 0 2022 0'. Ub VVt (9)lrMnv�� Case N-2019-187-04 THIS SECOND AMENDMENT to the above -referenced agreement is entered into on July 1, 2022, by and between Infinity Communications and Consulting, Inc. ("Consultant"), 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"). City and Consultant shall hereinafter collectively be referred to as "the Parties." RECITALS A. The Parties entered into Agreement No. N-2019-187, dated July 9, 2019, by which Consultant agreed to provide consulting and program compliance services for the E-Rate School and Libraries Program ("Agreement"). B. On June 29, 2021, the Parties entered into a First Amendment to expand the Scope of Services previously established and to increase compensation in connection with the additional scope of work by Ten Thousand Dollars and Zero Cents ($10,000.00). C. The Parties now wish to further amend the Agreement to add additional design consulting services for the Main Library and Newhope Library E-Rate projects, increase the compensation, extend the term of the Agreement, and update the insurance requirements for the expanded services, The Parties therefore agree: 1. Section 1, Scope of Services, is hereby amended to add additional consulting services for the Main Library and Newhope Library E-Rate projects outlined in Exhibit B-2; and 2. Section 2(a), Compensation, is hereby amended to increase the amount to be expended under the term of the Agreement, including any extension periods, by $25,400.00 for a total Agreement amount not to exceed $45,400.00; and 3. Section 3, Term, is hereby extended until June 30, 2025, unless terminated earlier in accordance with Section 15 of the Agreement; and 4. Section 6, Insurance, is hereby amended to read as follows: Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Minimum Scope and Limit of Insurance Commercial General Liability (CGL): Insurance Services Office Form CG 00 Ol covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a Page 1 general aggregate limit applies, either the general aggregatelimit shall apply separately to this project/Iocation (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Consultant has no owned autos, hired, (Code 8) and non -owned autos (Code 9), with a limit no less than $1,000,000 per accident for bodily injury and property damage. 3. Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. 4. Broader Coverage: if the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. b. Other Insurance Provisions 1. Additional Insured Status: The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the COL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, or equipment furnished in connectionwith such work or operations. General liability coverage can be provided in the form of an endorsement to the Consultant's insurance (at least as broad as ISO Form CG 20 10 1185 or if notavailable, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 2037 if a later edition is used). 2. Primary Coverage: For any claims related to this contract, the Consultant's insurance coverage shall be primary coverage at least as broad as ISO CG 20 0104 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. 3. Notice of Cancelation: Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City. 4. Waiver of Subrogation: Consultant hereby grants to City a waiver of any right to subrogation that any insurer of said Consultant may acquire against the City by virtue of the payment of any loss under such insurance. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of Page 2 subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. 5. Self -Insured Retentions: Self -insured retentions must be declared to and approved by the City. The City may require theConsultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self - insured retention may be satisfied by either the named insured or City. 6. Acceptability of Insurers: Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best's rating of no less than ANII, unless otherwise acceptable to the City. Verification of Coverage: Consultant shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage requiredby this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing allpolicy endorsements to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant's obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies,including endorsements required by these specifications, at any time. 8. Subcontractors: Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Consultant shall ensure that City is an additional insured on insurance required from subcontractors. 9. Special Risks or Circumstances: City reserves the right to modify these requirements, including limits, based on the nature of therisk, prior experience, insurer, coverage, or other special circumstances, 5. Except as modified by this Second Amendment, all terms and conditions of the Agreement shall remain in full force and effect. [signatures on nextpage] Page 3 N-2019-187-04 IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to the Agreement on the date and year fast written above. ATTEST Daisy Gomez Clerk of the Council APPROVED AS TO FORM Sonia R. Carvalho City Attorney By:^ f '--B andon Salvatierra Deputy City Attorney RECOMMENDED FOR APPROVAL Brian Sternberg Executive Director Library Services Agency Page 4 CITY OF SANTA ANA -06-J,/W-Lr - Kristine Ridge City Manager CONSULTANT EXHIBIT B-2 ITT Y COMMUNICATIONS & CONSULTING AN EMPLOYEE OWNED COMPANY PROJECT ATTACHMENT0492-FY2023 SANTA ANA PUBLIC LIBRARY Client No. 0492 SERVICES: CATEGORY ONE E•RATE CONSULTING SERVICES INFINITY'S RESPONSIBILITIES Infinity shall perform the following tasks for our Category One E-Rate Consulting Services: E-RATE AND CALIFORNIA TELECONNECT FUND (CTF) CONSULTING SERVICE 1. Client Access - Infinity will be available to the Client by phone, email, or in person to address Client related E-Rate Funding issues. Client will provide Infinity with a minimum of 72 hours' notice of a request for onsite service. 2. Program Updates - Infinity will update the Client on changes in the E-Rate and CTF process and help staff to take advantage of newly eligible products and services. 3. Program Compliance - Infinity will assist the Client to verify that USAC rules are being followed and, if necessary, provide guidance on new processes or procedures to ensure program compliance, in regard to Bid Evaluations, Procurement, Technology Plans, CIPA compliance, Technology Budget, and Document Retention, E-RATE APPLICATION MANAGEMENT 1. Needs Assessment and Strategic Planning - Infinity will assist the Client to determine a Filing Strategy that best meets the Client's needs to maximize the Client's E-Rate funding opportunities. 2. Determination of Funding Request Amount- Infinity will prepare the required "Item 21 Attachment Sheet", by; review one (1) month of the Client's bills from eligible Service Providers to determine an estimated annual funding request, review of Client's current annual contract(s) for eligible services, and/or review of new contract(s) for eligible services. 3. File Forms - Infinity will prepare and file the following forms required by USAC's School and Library Division to receive E-Rate Category One Telecommunications and Internet Access funding: Form 470, Form 471, and Form 486. 4. Administration of PIA Process - Infinity will assist the Client in responses to and delivery of the required documentation for USAC's "Program Integrity Assurance" (PIA) information requests. 5. Service Provider Collections -Infinity will prepare the Service Provider's required forms ("Discount Grids") to have the Client's eligible discounts added to the monthly Service Provider Bills (SPI Method) or prepare and file the Form 472 (BEAR Method) to have a reimbursement check issued for the eligible discount amount. 6. Application Status - Infinity will provide the Client with progress status on applications, reviews, and modifications, for the Client's open funding requests. REQUEST FOR PROPOSAL (RFP) MANAGEMENT SERVICES 1. Develop RFP Documents - Infinity will develop a Request for Proposal (RFP) for Category One Services in compliance with the Client's LocallState and the E-Rate Program's procurement requirements. If newspaper publication is required, Infinity will assist the Client with compliance at least 20 days prior to receipt of responses to the Form 470. 2. RFP Tracking - Infinity will distribute and track, in electronic form only, the "RFP Documents" to prospective bidders thru Infinity's "Projects" website. 3. Administration of RFP Process - Infinity will prepare and distribute project clarificabon(s) and/or addenda(s) to address questions from prospective bidders. 4. Bid Opening - Infinity will conduct the opening of bid response(s). All bid openings will be held at Infinitys offices, unless otherwise agreed upon between the Client and Infinity. 5. Bid Evaluation - Infinity will evaluate the bid responses based on the E-Rate Program's requirements for the "Evaluation of Bids" and provide the Client with recommendations for the award of contract(s). 6. Contract Administration - Infinity will collect the documents necessary for the award of contract from the successful bidder and coordinate the delivery to the Client for execution. AUDIT ASSISTANCE 1. Document Retention - Infinity will maintain a copy of the documents required for E-Rate Program's "Document Retention Policy", including "Pre -bidding Process", "Bidding Process", "Award of Contracts", "Application Process", "Purchase and Delivery of Service", "Invoicing", "Inventory", and "Forms and Rules Compliance", for up to 10 years from the last date of service. 2. Document Assistance - Infinity will assist the Client in the preparation and delivery of the Auditor requested documentation. Project Attachment for E-Rate Services I Page 1 of 3 PO Box 999, Bakersfield, Ca. 93302 1 Phone: 661,716.1840 1 Fax: 661.716.1841 1 wwminfinitycomm.com FINET Y COMMUNICATIONS & CONSULTING AN EMPLOYEE OWNED COMPANY 3. Support Services —Infinity will represent the Client during all E-Rate Audits. CLIENTS' RESPONSIBILITIES The Client's responsibilifies, for the successful completion of our Category One E•Rate Consulting Services, shall include: 1. Appointing a representative to act on their behalf, with respect to this agreement and the subsequent projects, who has the authority to render decisions and approve requests from Infinity, in a timely manner as not to cause unreasonable delay in the progress of Infinity's service. 2. Provide Infinity with reasonable access to the site, if applicable, to allow Infinity the ability to perform the work detailed in this agreement. 3. Provide Infinity all information, required for the successful completion of the agreed service, within 10 days, after the receipt of a request from Infinity. This includes at a minimum, but not limited to; Copies of Monthly Service Provider Bills, Copies of Service Provider Contracts, Approved Free & Reduced Lunch numbers, Budget Information, Copy of Approved Technology Plan, Copy of CIPA Compliance, and "Authorized Contact" information. 4. Provide a Letter of Authorization (LOA), authorizing Infinity, to act on the Client's behalf to file E-Rate forms and respond to the USAC's request for information. 5. Sign and certify the E-Rate forms required for the Client's application for funding, in a timely manner, as not to cause a failure to comply with the E-Rate Program's time sensitive deadlines. 6. Require the Service Provider, for the eligible services the Clients is entitled to receive California Teleconnect Fund (CTF) support, to invoice USAC by the SPI Method (Form 474). 7. Maintain and update an "Equipment Asset Register' (FAR). The EAR shall detail the make, model, serial number, and location of all equipment purchased with the support of the Universal Services Fund (E-Rate Program). The Client will provide Infinity a ropy of the EAR for compliance with the "Inventory" section of E-Rate's "Document Retention Policy". 8. Maintain and update a "Service Provider Reimbursement Reconciliation" (SPRR) spread sheet. The SPRR shall include, by FRN(s), the total amount of funds associated with each reimbursement, and/or the total amount of discounts (in the form of discounted bills, checks, or credits) received from the Service Provider. The Client will provide Infinity a copy of the SPRR for compliance with the "Invoicing" section of E-Rate's "Document Retention Policy. 9. Retain documents, for each funding request, related to the "Pre -bidding Process", "Bidding Process", "Award of Contracts", Application Process", "Purchase and Delivery of Service", "Invoicing", "Inventory", and "Forms and Rules Compliance" for a period of at least 10 years from the last date of service. In the event, something unforeseen happens that is not covered under PROJECT ATTACHMENT #0492•FY2023 with this contract, an additional fee will be negotiated before any additional services are provided. " Should the client cease services with Infinity and request document re -constriction for past years filings, there will be a charge for the time to re-create the document library. This charge will be assessed at the time of the request and will need to be paid prior to the release of the reconstructed documents. TERM OF CONTRACT: This Agreement is for a term of three (3) years, with an expiration date of June 30, 2025. PAYMENT SCHEDULE Infinity's fee will be an annual Flat rate fee of 4 000.00, for FY2023 —Year i of contract - for Category One services. Infinity's fee will be an annual Oat rate fee of 3 200.00, for FY2024 — Year 2 of contract - for Category One services. Infinity's fee will be an annual flat rate fee of $3,200.00, for FY2025 — Year 3 of contract - for Category One services. Infinity's fee is invoiced on a quarterly schedule, unless otherwise directed by the Santa Ana Public Library. Existing services are for services currently being requested through the E-Rate program. "Additional or new services may require and additional fee. This fee must be agreed to prior to billing Project Attachment for E-Rate Services I Page 2 of 3 PO Box 999, Bakersfield, Ca. 93302 1 Phone: 661.716,1840 1 Fax 661.716.1841 1 www.infinilycomm.com qO- ITT Y COMMUNICATIONS & CONSULTING AN EMPLOYEE OWNED COMPANY For additional works that is required outside the scope of the original p are subject to review and adjustment. The hourly rates effective on the Principal Sr. Systems Designer Systems Designer CAD Operator Sr. Project Manager Project Manager Design Team Coordinator E-Rate Compliance Consultant E-Rate Specialist, III E-Rate Specialist, II E-Rate Specialist, I Support Staff t, me nourly rates listed will be of the Agreement are: $175.001hour $155.00/hour $125.00/hour $75.001hour $155.00/hour $95.00mour $75.0011haur $140.00/hour $90.001hour $75.001hour $55.00/hour $50.001hour Hourly Reimbursable Expenses Schedule Reimbursable Expense rates are subject to annual review and adjustment. The rates effective on the date of the Agreement are: Newspaper Advertisement BN11" Copies/Impression Blueprint Copies Reproducible Copies (Mylar) Reproducible Copies (Paper) Legal Counsel Travel Expenses: Mileage (auto) Airfare Meals Lodging Standard Labor Rate at cost + 15% $0.05/sheet at cost+ 15% at cost + 15% at cost + 15% at cost + 15% $0.58/mile at cost + 15% at cost + 15% at cost + 15% See Hourly Rate Schedule Above IN WITNESS THEREOF, the parties hereto have executed this Agreement on the date written below: Infinity Communicatlogis A Consulting, Inc. 82-0573429 Federal Tax ID# 06/06/2022 Date Chief Executive Officer Title 93302 Santa Ana Public Library Signature AddresslCity/Sate/Zip Federal Tax ID# Date Title Project Attachment for E-Rate Services 1 Page 3 of 3 PO Box 999, Bakersfield, Ca. 93302 1 Phone: 661.716.1840 1 Fax: 661.716.1841 1 www.infinityoomm.com TF, I TY COMMUNICATIONS & CONSULTING AN EMPLOYEE OWNED COMPANY PROJECT ATTACHMENT # 0492.23C NEW HOPE SANTA ANA PUBLIC LIBRARY Client No: 0492 SERVICES: DESIGN SERVICES INFINITY'S RESPONSIBILITIES: Infinity shall perform the following tasks for our Design Services: Low Voltaae Design Services: 1. Perform a preliminary evaluation of the Client's provided programming requirements, project schedule, budget, and perform a pre - design site walk, where applicable or necessary, to determine a proposed scope of work. 2. Provide a Preliminary Design Estimates for the proposed scope of work. 3. Coordinate the Project Design with the Client's Staff and Design/Construction Professionals, including (but not limited to); Facilities/Tech Department, Architect, Electrical Engineer, Construction Manager, etc. 4. Provide System specification(s) in the 2014 CSI Master Format. 5. Provide drawings of site plans, floor plans, wall elevations, system single lines and installation details, as required. Bid Management Services: 1. Assist Client to determine a Procurement process (Formal Bid, Informal Bid, State Master Contract, etc.) that adheres to the Local/State rules and regulations. 2. Prepare "Bidding Documents" for distribution to prospective bidders. Documents include (but are not limited to); Bid Manual, General Conditions, Bid Forms, Specifications, Drawings, Addenda, etc. 3. Assist the Client in the preparation of a "Notice of Advertisement" as required by State, Local, Federal, laws and policies enacted by the District Board of Education. 4. Distribute, in electronic form only, "Bidding Documents" to prospective bidders thru Infinity's 'Projects" website. 5. Manage and track the project "Bidding Documents" and "Prospective Bidders Last" thru Infinity's "Projects" website. 6. Perform One (1) Pre -Bid Job Walk/Bidders Conference, per project. a. Prebid Job Walk or a Bidders Conference may be conducted virtually, if in -person participation is not possible. 7. Prepare and distribute project cladfication(s) and addenda(s) to address questions from prospective bidders. 8. Organize and conduct opening of bid response(s). a. All bid openings will be conducted at Infinity's offices, unless otherwise directed by the Client. 9. Provide the Client with a non -bias evaluation of bid response(s) for the specified systems. % Prepare and administration of awarding contracts for construction. 11. Provide the Client with one (1) Electronic and one (1) Hardcopy copy of all pre -Form 471 "Bidding Documents bid evaluations, and contracts, as required for Document Retention per the E-Rate program. E•Rate Application Management Services: 1. Coordinate with the Client's staff and design/construction professionals to adhere to the Schools and Library's Division (SLD) E- Rate program rules and regulations for funding requests. 2. Assist the Client to determine the funding request and filing strategy most appropriate to their needs. 3. Prepare and submit One (1) Form 470 for certification and approval. 4. Review and Comment on Client provided Item 21 Attachment Sheets and Executed Contracts. 5. Prepare and submit the Form 471(a) for certification and approval. 6. Monitor and inform the Client of the Form 471(s) Application Status. 7. Coordinate with the Client and Service Provider to respond to Program Integrity Assurance (PIA) questions. 8. Prepare and submit the Form 486 for certification and approval. 9. Assist the Client to determine the USAC Invoicing method that is most appropriate to their needs. 10. Review and comment on contractor provided Service Certification(s). 11. Prepare and submit the Service Substitution process for changes to the approved Item 21 equipment list(s). 12. Prepare and submit the Service Delivery Extension and/or Invoice Deadline Extension request(s). 13. Prepare and submit the Form 500 for certification and approval. 14. Prepare and submit One (1) Applicant Reimbursement Form 472 for certification and approval, per project. Project Attachment 0492-23C New Hope I Page 1 of 4 PO Box 999, Bakersfield, Ca. 93302 1 Phone: 661.716.1840 1 Fax: 661.716,1841 1 www.infinitycomm.com FIfd�TY COMMUNICATIONS & CONSULTING AN EMPLOYEE OWNED COMPANY 15. Provide the Client with one (1) Electronic and one (1) Hardcopy copies of all post -Form 471 project documents, final equipment lists, and certifications of payment, as required for Document Retention per the E-Rate program. CLIENT'S RESPONSIBILITIES: The Client's responsibilities, for the successful completion of this agreement, shall include: 1. Appointing a representative to act on their behalf, with respect to this agreement and the subsequent projects, who has the authority to render decisions and approve requests from Infinity, in a timely manner as not to cause unreasonable delay in the progress of Infinity's services. 2. Provide Infinity with reasonable access to the site, if applicable, to allow Infinity the ability to perform the work detailed in this agreement. 3. Provide Infinity all information, required for the successful completion of the agreed service, within 10 days, after the receipt of a request from Infinity. This includes at a minimum, but not limited to; Copies of Monthly Service Provider Bills, Copies of Service Provider Contracts, Approved Free 8 Reduced Lunch numbers, Budget Information, Copy of Approved Technology Plan, Copy of CIPA Compliance, and "Authorized Contact" information. 4. Provide a Letter of Authorization (LOA), authorizing Infinity, to act on the Client's behalf to file E-Rate forms and respond to the USAC's request for information. 5. Sign and certify the E-Rate forms required for the Client's application for funding, in a timely manner, as not to cause a failure to comply with the E-Rate Program's time sensitive deadlines. 6. For New Contracted Services a. Conduct an "Open and Competitive" bid process, to comply with all applicable LocaVState/Federal/E-Rate Program procurement requirements, and biding laws for all "new" requested services and contracts. b. Conducta non -bias bid evaluation, per the E-Rate Program's "Evaluations of Bid" requirements, for all bid responses received as the result of posting a Form 470 (RFP). c. Comply with all LDcal/State/Federal/E-Rate Program requirements for the Award of Contract(s), including waiting a minimum of 28 days (after the filing of the Form 470 or RFP, whichever comes later) to execute contracts and/or to submit a Form 471 for the requested service. d. Provide Infinity copies of all documents pertaining to an award of contract for each funding request, to comply with the E-Rate Program's "Document Retention Policy", including but not limited to; Bidding Documents, Evaluation of responses, Board Meeting Minutes, and Copies of the winning bidder's response, and Bidder's Item 21 Attachment Sheet. 7. Maintain and update an "Equipment Asset Register' (EAR). The EAR shall detail the make, model, serial number, and location of all equipment purchased with the support of the Universal Services Fund (E-Rate Program). The Client will provide Infinity a copy of the EAR for compliance with the'Inventory" section of E-Rate's "Document Retention Policy". 8. Maintain and update a "Service Provider Reimbursement Reconciliation" (SPRR) spread sheet The SPRR shall include, by FRN(s), the total amount of funds associated with each reimbursement, and/or the total amount of discounts (in the form of discounted bills, checks, or credits) received from the Service Provider. The Client will provide Infinity a copy of the SPRR for compliance with the "Invoicing" section of E-Rate's "Document Retention Policy'. 9. Retain documents, for each funding request, related to the "Pre -bidding Process", "Bidding Process", "Award of Contracts", Application Process", "Purchase and Delivery of Service", "Invoicing", "Inventory", and "Forms and Rules Compliance" for a period of at least 10 years from the last date of service. `In the event, something unforeseen happens that is not covered under PROJECT ATTACHMENT #0492.23C New HOPE with this contract, an additional fee will be negotiated before any additional services are provided. TERM OF CONTRACT: This agreement shall terminate upon filing of the Form 486, Infinity's Design Services fee will be a one-time Flat rate fee of $6,000.00 for the Client's desired Category 2 project(s). If additional services are requested by the Client that require a change order, Infinity will bill 5% of the change order amount only when changes are approved from Client and Infinity. Project Attachment 0492-23C Now Hope I Page 2of4 PO Box 999, Bakersfield, Ca. 93302 1 Phone: 661.716.1840 1 Fax: 661.716.1841 i www.infinityoomm.com ITM70 - TY COMMUNICATIONS & CONSULTING AN EMPLOYEE OWNED COMPANY PAYMENTSCHEDULE DESIGN SERVICES: Infinity will invoice the Client for completed and approved Design Services rendered under this Agreement in various phases as follows: Project Planning Phase RFP Development Phase tor Uesign services: Twenty Five percent (25%) of the Design Fee Fifty percent (50%) of the Design Fee Hundred Design In the event a contract is not awarded to a bidder by the Client, Infinity will bill for the percentage of our fee equal to Infinity's completed portion of work and reimbursable expenses. Project planning phase: Billing for this phase occurs at the time of the project kickoff. This would happen after a meeting with the client to discuss the scope of the project and a project estimate has been presented and approved, along with the appropriate contract for services. RFP Development Phase: Billing for this phase occurs when the project is published for access to vendors. Exposure to these bid documents may happen on the Infinity website or the documents may be delivered to the client for them to distribute. At this point any necessary drawings and specifications have been completed and required contract documents have been prepared. This project is now "out for bid" Bidding Phase: Billing for this phase will occur when the bids are received, and a contractor has been chosen to do the work. The amount billed will be the remaining balance of the design phase of the Infinity contract. If there are no bids received, Infinity will then discuss the process for re -posting or soliciting bids for the client. Additional charges may apply for document changes or updates. Standard Hourly Rates Schedule For additional works that is required outside the scope of work for the original project, the hourly rates listed will be charged. Standard Hourly Rates are subject to review and adjustment. The hourly rates effective on the date of the Agreement are: Principal $175.00/hour Sr. Systems Designer $155.00/hour Systems Designer $125.00/hour CAD Operator $75.00/hour Sr. Project Manager $155.00/hour Project Manager $95.00/hour Design Team Coordinator $75.00/hour Support Staff $50.0001our Project Attachment 0492-23C New Hope I Page 3 of 4 PO Box 999, Bakersfield, Ca. 93302 1 Phone: 661.716,1840 1 Fax: 661.716.1841 1 www.infinitycomm.com Expense rates are Newspaper Advertisement 80xl1" Copies/Impression Blueprint Copies Reproducible Copies (Mylar) Reproducible Copies (Paper) Legal Counsel Travel Expenses: Mileage (auto) Airfare Meals Lodging Standard Labor Rate COMMUNICATIONS & CONSULTING AN EMPLOYEE OWNED COMPANY review and adjustment. The rates effective on at cost + 15% $0.05/sheet at cost + 15% at cost + 15% at cost + 15% at cost + 15% $0.58/mile at cost + 15% at cost + 15% at cost + 15% See Hourly Rate Schedule Above IN WITNESS THEREOF, the parties hereto have executed this Agreement on the date wdlten below. Infinity P.O. Box 999, Bakersfield, Ca. 93302 Address/City/Sate/Zip 82-0573429 Federal Tax ID# Inc. Santa Ana Public Library 06/06/2022 Date Signature Chief Executive Officer Title Name Address/City/Sate/Zip Federal Tax the Agreement are: Title Project Attachment 0492-23C New Hope i Page 4 of 4 PO Box 999, Bakersfield, Ca. 93302 1 Phone: 661.716.1840 1 Fax: 661.716.1841 1 www.infinitycomm.com Ti47- F UY COMMUNICATIONS & CONSULTING AN EMPLOYEE OWNED COMPANY PROJECT ATTACHMENT # 0492.23C MAIN SANTA ANA PUBLIC LIBRARY Client No: 0492 SERVICES: DESIGN SERVICES INFINITY'S RESPONSIBILITIES: Infinity shall perform the following tasks for our Design Services: Low Voltage Desian Review Services: 1. Perform a preliminary evaluation of the Client's provided programming requirements, project schedule, budget, and proposed scope of work. 2. Coordinate with the Client's Staff and Design/Construction Professionals, including (but not limited to); Facilitiesfrech Department, Architect, Electrical Engineer, Construction Manager, etc. 3. Review customer provide System specification(s) 4. Review customer provide drawings of site plans, floor plans, wall elevations, system single lines and installation details, as required. Bid Management Services: 1. Assist Client to determine a Procurement process (Formal Bid, Informal Bid, State Master Contract, etc.) that adheres to the Local/State rules and regulations. 2. Prepare "Bidding Documents" for distribution to prospective bidders. Documents include (but are not limited to); Bid Manual, General Conditions, Bid Forms, Specifications, Drawings, Addenda, etc. 3. Assist the Client in the preparation of a "Notice of Advertisement" as required by State, Local, Federal, laws and policies enacted by the District Board of Education. 4. Distribute, in electronic form only, "Bidding Documents" to prospective bidders thru Infinity's "Projects' website. 5. Manage and track the project "Bidding Documents" and "Prospective Bidders Lisr thru Infinity's "Projects" website. 6. Perform One (1) Pre -Bid Job Walk/Bidder's Conference, per project a. Prebid Job Walk or a Bidders Conference may be conducted virtually, if in -person participation is not possible. 7. Prepare and distribute project clarification(s) and addenda(s) to address questions from prospective bidders. 8. Organize and conduct opening of bid response(s). a. All bid openings will be conducted at Infinity's offices, unless otherwise directed by the Client. 9. Provide the Client with a non -bias evaluation of bid responses) for the specified systems. 10. Prepare and administration of awarding contracts for construction. 11. Provide the Client with one (1) Electronic and one (1) Hardcopy copy of all pre -Form 471 "Bidding Documents", bid evaluations, and contracts, as required for Document Retention per the E-Rate program. E•Rate Application Manaaement Services: 1. Coordinate with the Client's staff and design/construction professionals to adhere to the Schools and Library's Division (SLD) E- Rate program rules and regulations for funding requests. 2. Assist the Client to determine the funding request and filing strategy most appropriate to their needs. 3. Prepare and submit One (1) Form 470 for certification and approval. 4. Review and Comment on Client provided Item 21 Attachment Sheets and Executed Contracts. 5. Prepare and submit the Form 471(s) for certification and approval. 6. Monitor and inform the Client of the Form 471(s) Application Status. 7. Coordinate with the Client and Service Provider to respond to Program Integrity Assurance (PIA) questions. 8. Prepare and submit the Form 486 for certification and approval. 9. Assist the Client to determine the USAC Invoicing method that is most appropriate to their needs. 10. Review and comment on contractor provided Service Certification(s). 11. Prepare and submit the Service Substitution process for changes to the approved Item 21 equipment list(s). 12. Prepare and submit the Service Delivery Extension and/or Invoice Deadline Extension request(s). 13. Prepare and submit the Form 500 for certification and approval. 14. Prepare and submit One (1) Applicant Reimbursement Form 472 for certification and approval, per project. 15. Provide the Client with one (1) Electronic and one (1) Hardcopy copies of all post -Form 471 project documents, final equipment lists, and certifications of payment, as required for Document Retention per the E-Rate program. Project Attachment 0492-23C Main I Page 1 of 4 PO Box 999, Bakersfield, Ca. 93302 1 Phone: 661.716.la40 I Fax: 661.716.1841 1 www.infinitycomm.cnm fitFImuY COMMUNICATIONS & CONSULTING AN EMPLOYEE OWNED COMPANY CLIENT'S RESPONSIBILITIES: The Client's responsibilities, for the successful completion of this agreement, shall include: 1. Appointing a representative to act on their behalf, with respect to this agreement and the subsequent projects, who has the authority to render decisions and approve requests from Infinity, in a timely manner as not to cause unreasonable delay in the progress of Infinity's services. 2. Provide Infinity all information, required for the successful completion of the agreed service, within 10 days, after the receipt of a request from Infinity. This includes at a minimum, but not limited to; Copies of Monthly Service Provider Bills, Copies of Service Provider Contracts, Approved Free & Reduced Lunch numbers, Budget Information, Copy of Approved Technology Plan, Copy of CIPA Compliance, and "Authorized Contact" information. 3. Provide a Letter of Authorization (LOA), authorizing Infinity, to act on the Client's behalf to file E-Rate forms and respond to the USAC's request for information. 4. Sign and certify the E-Rate forms required for the Client's application for funding, in a timely manner, as not to cause a failure to comply with the E-Rate Program's time sensitive deadlines. 5. For New Contracted Services a. Conduct an "Open and Competitive" bid process, to comply with all applicable Local/State/Federal/E-Rate Program procurement requirements, and biding laws for all "new" requested services and contracts. b. Conduct a non -bias bid evaluation, perthe E-Rate Program's "Evaluations of Bid" requirements, for all bid responses received as the result of posting a Form 470 (RFP). c. Comply with all Local/State/Federal/E-Rate Program requirements for the Award of Contract(s), including waiting a minimum of 28 days (after the filing of the Form 470 or RFP, whichever comes later) to execute contracts and/or to submit a Form 471 for the requested service. d. Provide Infinity copies of all documents pertaining to an award of contract for each funding request, to comply with the E-Rate Program's "Document Retention Policy", including but not limited to: Bidding Documents, Evaluation of responses, Board Meeting Minutes, and Copies of the winning bidders response, and Bidder's Item 21 Attachment Sheet 6. Maintain and update an "Equipment Asset Register" (EAR). The EAR shall detail the make, model, serial number, and location of all equipment purchased with the support of the Universal Services Fund (E-Rate Program). The Client will provide Infinity a copy of the EAR for compliance with the "Inventory" section of E-Rate's "Document Retention Policy". 7. Maintain and update a "Service Provider Reimbursement Reconciliation" (SPRR) spread sheet. The SPRR shall include, by FRN(s), the total amount of funds associated with each reimbursement, and/or the total amount of discounts (in the form of discounted bills, checks, or credits) received from the Service Provider. The Client will provide Infinity a copy of the SPRR for compliance with the "Invoicing" section of E-Rate's "Document Retention Policy". 8. Retain documents, for each funding request, related to the "Pre -bidding Process", "Bidding Process", "Award of Contracts", Application Process", "Purchase and Delivery of Service", "Invoicing", "Inventory", and "Forms and Rules Compliance" for a period of at least 10 years from the last date of service. *In the event, something unforeseen happens that is not covered under PROJECT ATTACHMENT #0492.23C MAIN with this contract, an additional fee will be negotiated before any additional services are provided. TERM OF CONTRACT: This agreement shall terminate upon filing of the Form 486, Infinity's Design Services fee will be a one-time Flat rate fee of $9,000.00 for the Client's desired Category 2 project(s). If additional services are requested by the Client that require a change order, Infinity will bill 5% of the change order amount. Project Attachment 0492-23C Main 1 Page 2 of 4 PO Box 999, Bakersfield, Ca. 93302 1 Phone: 661.716.1840 1 Fax: 661.716.1841 I www,inflnitycomm.com TF� 11�T Y COMMUNICATIONS & CONSULTING AN EMPLOYEE OWNED COMPANY PAYMENT SCHEDULE DESIGN SERVICES: Infinity will invoice the Client for completed and approved Design Services rendered under this Agreement in various phases as follows: Project Planning Phase RFP Development Phase for Twenty Five percent (25%) of the Design Fee Fifty percent (50%) of the Design Fee Twenty Five Percent (25%) of the Design Fee One Hundred percent (100%) of the Design Fee In the event a contract is not awarded to a bidder by the Client, Infinity will bill for the percentage of our fee equal to Infinity's completed portion of work and reimbursable expenses. Project planning phase: Billing for this phase occurs at the time of the project kickoff. This would happen after a meeting with the client to discuss the scope of the project and a project estimate has been presented and approved, along with the appropriate contract for services. RFP Development Phase: Billing for this phase occurs when the project is published for access to vendors. Exposure to these bid documents may happen on the Infinitywebsiteorthedocumentsmaybedeliveredtotheclientforthemtodistribute. At this point any necessary drawings and specifications have been completed and required contract documents have been prepared. This project is now "out for bid" Bidding Phase: Billing for this phase will occur when the bids are received, and a contractor has been chosen to do the work. The amount billed will be the remaining balance of the design phase of the Infinity contract. If there are no bids received, Infinity will then discuss the process for re -posting or soliciting bids for the client. Additional charges may apply for document changes or updates. Standard Hourly Rates Schedule For additional works that is required outside the scope of work for the original project, the hourly rates listed will be charged. Standard Hourly Rates are subject to review and adjustment. The hourly rates effective on the date of the Agreement are: Principal $175.001hour Sr. Systems Designer $155.00/hour Systems Designer $125.00/hour CAD Operator $75.00ihour Sr. Project Manager $155.00/hour Project Manager $95.00/hour Design Team Coordinator $75.00mour Support Staff $50.00/hour Project Attachment 0492-23C Main I Page 3 of 4 PC Box 999, Bakersfield, Ca. 93302 1 Phone: 661.716.1840 1 Fax: 661,716,1841 1 www.infnitycomm.com Expense rates are Newspaper Advertisement 8"x11" Copiestimpression Blueprint Copies Reproducible Copies (Mylar) Reproducible Copies (Paper) Legal Counsel Travel Expenses: Mileage (auto) Airfare Meals Lodging Standard Labor Rate COMMUNICATIONS & CONSULTING AN EMPLOYEE OWNED COMPANY to annual review and adjustment. The rates effective on at cost + 15% $0.05/sheet at cost + 15% at cost + 15% at cost + 15% at cost+ 15% of the Agreement are: $0.581mile at cost + 15% at cost + 15% at cost+ 15% See Hourly Rate Schedule Above IN WITNESS THEREOF, the parties hereto have executed this Agreement on the date written below. Infinity Communica!ps, Consul'ng, Inc. Santa Ana Public Library 06/06/2022 Date Signature Ime 4P.0. Box 999, Bakersfield, Ca. 93302 Address/City/Sate/Zip Address/City/Sate/Zip 82-0573429 Federal Tax ID# Chief Executive Officer Title Name Federal Tax ID# Project Attachment 0492-23C Main 1 Page 4 of 4 PO Box 999, Bakersfield, Ca. 93302 1 Phone: 661,716,1840 1 Fax: 661.716.1841 1 www.infmitycomm.com Digitally ACO CERTIFICATE o� L�dBltgi 1 °A EINY10°"ym lha�01/19/2022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS 'ON TFIE CERTIFICATE'HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEN XTEND OR ALTER THE CO- E, 4 D BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTI A E HE 5 l�l R�, 1 Zft REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOL IMPORTANT: If the certificate holder is an ADDITIONAL INSUREIT, the Folic es ust ve P ION provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain Folic' a may require A statement on this certificate does not confer rights to the certificate holder In lieu ° such endorsement(, . -2022.01-24 PRODUCER Ste y Campbell Kem Insurance Associates Id E €riJ a6l) 835A542 I 00 YE835-4500 License s OL78680 3Campbell@kerns. ESE P O. BOX 11390 INSURER(S) AFFORDING COVERAGE NAICN Bakersfield CA 93389-1390 INSURERA: Travelers Casualty Insurance Cc of America 19046 INSURED INSURER B: Travelers P A C CD America 25674 Infinity Communications 8 Consulting. Inc. INSURER c Houston Casualty Company 42374 PO Box 999 INSURER D : INSURER E . Bakersfield CA 93302 INSURER IF COVERAGES CFRTIFICATF NIIMRFR• 22-23 e...n. u, m 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 CONTRACTOR 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. LTe TYPE OF INSURANCE INSD VIVID POLICYNUMBER MM100/YYYY MMIDWWYY OMITS COMMERGALGENERALLIA ILITY EACH OCCURRENCE 3 2,000.000 PREMISES a NTE nu $ 300,000 CUIMSMAOE ®OCCUR MED EXP (AM one Fenian) 3 5,000 A 68000IJ742131 02/17/2022 02J17/2023 PERSONAL&ADV INJURY s 2.000,000 GEN'L AGGREGATE LIMIT APPLES PER POLICY ❑ JEa LpC GENERALAGGREGATE s 4,000,000 PRODUCTS COMPNPAGG s 4,000,000 3 OTHER AUTOMOBILE LIABILITY COMBINED SINGLELIMa Ea aeddenl E 1,000,000 ANY AUTO BODILY INJURY Fe, perm) 3 A DINNED SCHEDGLED AUTOS ONLY AUTOS HIRED NCN-OWNED AIITDSONLT AUTG$DNLY BA9N276397 21 10/24/2021 10/24/2022 BODILY INJURY IF., avdem) E PROPERTY DA—W-817— P. ybFpN 3 E UMBBELI-A LIAR 11 OCCUR EACH OCCURRENCE 3 2,000.000 B EXCESS LIAR CLU.S_MADE CUP002J348555 02/17/2022 02/17/2023 AGGREGATE $ 2,000,000 DED I I RETENTION 3 E ANDEMRSCOMP ULAINUN AND EMPLOYERS'LIABIDTV YIN ANY PROPRIETORPARTNERIEXECUTVE OFFICER�-WEMKR EXCLUDED'+ NIA p _ STATUTE I EA EL EACH ACCIDENT 3 EL DISEASE - EA EMPLOYEE $ IYaNrtM"n Nlll dearnbe E L DISEASE POLICY LIMIT s DESCRIPTIONOF OF OPERATIONS W. C Professional Llatality-claims made including Cyber Liability H21TG31255-UO 08/1912021 08/19/2022 per claim 2.000,000 aggregate 2.000,000 DESCRIPTION OF OPERATORS I LOCATIONS I VEHICLES (ACORO 101, Addhional Remarks Schedule, may be attached if mare apace Is m9uirM1 RE Santa Ana Public Library The C0 of Santa Ana. Risk Management 20 Civic Center Plaza. Santa Ana, Cabfomm 92701, its officers, employees, agents and representative are named as additional insureds and coverage Is pnmary and non-conlnbutory for General Liability per written contract and attached endorsements 30 days notice of cancellation applies except for non-payment of premium City of Santa Ana Risk Management Division 20 Civic Center Plaza 4th Fir Santa Ana CA 92702 ©1988-2015 ACOR ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD 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 y ��' ,. a WekMAnagLmlmtDmeion _ REAE,VED & APPROVED Br. ®' �� Risk Management 5pedalist ; TABLE OF CONTENTS COMMERCIAL GENERAL LIABILITY COVERAGE FORM CG T1 00 02 19 SECTION I - COVERAGES Beginning on Page Coverage A - Bodily Injury and Property Insuring Agreement.......................................................1 Damage Liability Exclusions....... ...................................................... 2 Coverage B - Personal and Advertising Insuring Agreement.......................................................6 Injury Liability Exclusions.....................................................................6 Coverage C - Medical Payments Insuring Agreement.......................................................9 Exclusions.................................................................... 9 SupplementaryPayments .................................................................................................10 SECTION II -WHO IS AN INSURED . ................. .... ................ -.....-..................................... 11 SECTION III - LIMITS OF INSURANCE...................................................................................13 SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS........................................13 Bankruptcy.........................................................................................................................13 Duties In The Event Of Occurrence, Offense, Claim Or Suit...............................................13 LegalAction Against Us......................................................................................................14 OtherInsurance.................................................................................................................15 PremiumAudit...................................................................................................................16 Representations.................................................................................................................16 SeparationOf Insureds......................................................................................................16 Transfer Of Rights Of Recovery Against Others To Us.......................................................16 WhenWe Do Not Renew...................................................................................................16 SECTIONV - DEFINITIONS.....................................................................................................16 CG TO 34 02 19 ®. RiekMa>agementDltieian REVIEWED& APPROVEDBr. .� Risk Management Spedaht full r ICI JVI I Da1eo2021.10.0612:0856-07'00' ACORO CERTIFICATE OF LIABILITY INSURANCE DAM(MM/DD/YYYY) ll..� OM912021 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 KIA Insurance Associates, Inc. License # OL78680 P.O. Box 11390 CONTACT Stacey Campbell NAME: HONE Ert: (661)835-4542 ac No)(661)8354500 a DD RIEss: scampbell@kernins.com Bakersfield CA 93389-1390 INSURER(S)AFFORDING COVERAGE NAIC0 INSURERA: Travelers Casualty Insurance Co ofAmerica 19046 INSURED INSURER B: Travelers P & C Cc America 25674 Infinity Communications & Consulting, Inc. INSURER c: National Fire Insurance of Hartford 20478 P.O. Box 999 INSURER D: Houston Casually Company 42374 INSURER E: Bakersfield CA 93302 INSURERF: COVERAGES CERTIFICATE NUMBER: 21-22 REVISION NUMBER: THIS ISTO CERTIFY THATTHE POLICIES OF INSURANCE USTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMEDABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALLTHE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTR TYPE OF INSURANCE INSD MD POLICY NUMBER PO CY EFF MMIDDIYYNT) PO C EXP 0yM1DDvYTYYI LIMITS X COMMERCIAL GENERALLIABIUTY EACH OCCURRENCE $ 2,000,000 � CLAIMS -MADE OCCUR PREMISES 1E, occurrence $ 300,000 MED UP (Any oneperson) $ 5,000 PERSONAL&ADV INJURY $ 2,000,000 A 68000IJ742131 02117/2021 02/17/2022 GENLAGGREGATE LIMIT APPLIES PER: GENERALAGGREGATE $ 4,000,000 X ❑ POLICY JEa LOC PRODUCTS -COMP/OPAGG S 4.000,000 $ OTHER: AUTOMOBILE LIABILITY COMBINEDSINGLE LIMIT Ea accident $ 1,0D0,000 ANVAUTO X BODILY INJURY (Per person) $ A OWNED SCHEDULED AUTOS ONLY AUTOS BA9N27639721 10/24/2021 10/24/2022 BODILY INJURY Per accident) 8 HIRED NON -OWNED AUTOS ONLY AUTOS ONLY PROPERTYDAMAGE Peraccidanl $ 8 UMBRELLALUIB 11 OCCUR EACH OCCURRENCE $ 2,000,000 X AGGREGATE $ 2,000,000 B EXCESS LIA6 CLAIMS -MADE CUP002J348555 02/17/2021 02/17/2022 DEO I I RETENTION $ $ WORKERS COMPENSATION PER O - X AND EMPLOYERS' LIABILITY YIN STATUTE ERH E.L. EACH ACCIDENT $ 1,000,000 C ANY PROPRIETORIPARTNEIVEX OFFICER/MEMBER EXCLUDED' ECU7IVEFq NIA WC418266026 07101/2021 07/01/2022 E.L. DISEASE - EA EMPLOYEE S 1,000,000 Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 Professional Liability -claims made D including Cyber Liability H21TG31255-00 08/19/2021 08/19/2022 per claim $2.000,000 aggregate $2.000.000 DESCRIPTIONOFOPERANONS/LOCATIONS/VEHICLES (ACORD 101,Addhionel Remarks Schedule, maybe attached N more space Is required) RE: Santa Ana Public Library. The Cityof Santa Ana, Risk Management 20 Civic Center Plaza, Santa Ana, California 92701; its officers, employees, agents and representative are named as additional insureds and coverage is primary and non-contributory for General Liability per written contract and attached endorsements. 30 days notice of cancellation applies except for non-payment of premium City of Santa Ana Risk Management Division 20 Civic Center Plaza 4th Fir Santa Ana SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. ©1988.2015 ACORD I`a"manaamercoarca'wm ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD COMMERCIAL GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered. Throughout this policy the words "you" and "your" refer to the Named Insured shown in the Declarations, and any other person or organization qualifying as a Named Insured under this polity. The words "we", "us" and "our" refer to the company providing this insurance. The word "insured" means any person or organization qualifying as such under Section 11 - Who Is An Insured. Other words and phrases that appear in quotation marks have special meaning. Refer to Section V - Definitions. SECTION I - COVERAGES COVERAGE A - BODILY INJURY AND PROPERTY DAMAGE LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as damages because of "bodily injury" or "property damage" to which this insurance applies. We will have the right and duty to defend the insured against any "suit" seeking those damages. However, we will have no duty to defend the insured against any "suit" seeking damages for "bodily injury" or "property damage" to which this insurance does not apply. We may, at our discretion, investigate any "occurrence" and settle any claim or "suit" that may result. But: (1) The amount we will pay for damages is limited as described in Section III - Limits Of Insurance; and (2) Our right and duty to defend end when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B or medical expenses under Coverage C, No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments. b. This insurance applies to "bodily injury" and "property damage" only if: (1) The "bodily injury" or "property damage" is caused by an "occurrence" that takes place in the "coverage territory"; (2) The "bodily injury" or "property damage" occurs during the policy period; and (3) Prior to the policy period, no insured listed under Paragraph 1. of Section II - Who Is An Insured and no "employee" authorized by you to give or receive notice of an "occurrence" or claim knew that the "bodily injury" or "property damage" had occurred, in whole or in part. If such a listed insured or authorized "employee" knew, prior to the policy period, that the "bodily injury" or "property damage" occurred, then any continuation, change or resumption of such "bodily injury" or "property damage" during or after the policy period will be deemed to have been known prior to the policy period. c. "Bodily injury" or "property damage" which occurs during the policy period and was not, prior to the policy period, known to have occurred by any insured listed under Paragraph 1. of Section II - Who Is An Insured or any "employee" authorized by you to give or receive notice of an "occurrence" or claim, includes any continuation, change or resumption of that "bodily injury" or "property damage" after the end of the policy period. d. "Bodily injury" or "property damage" will be deemed to have been known to have occurred at the earliest time when any insured listed under Paragraph 1. of Section II - Who Is An Insured or any "employee" authorized by you to give or receive notice of an "occurrence" or claim: (1) Reports all, or any part, of the "bodily injury" or "property damage" to us or any other insurer; (2) Receives a written or verbal demand or claim for damages because of the "bodily injury" or "property damage": or (3) Becomes aware by any other means that "bodily injury" or "property damage" has occurred or has begun to occur. CIS T1 00 02 19 © 2017 The Travelers Indemnity Company. All rights reserved. Includes copyrighted material of Insurance services Office. Inc. with its permission RokMnwgmrentDtWsim Remo&APPRDVm RY: �z�lll 1Ll li 1?1 r<la.�.t f}cZve�io �'. ® Risk Management Spedalist COMMERCIAL GENERAL LIABILITY e. Damages because of "bodily injury" include damages claimed by any person or organization for care, loss of services or death resulting at any time from the "bodily injury". 2. Exclusions This insurance does not apply to: a. Expected Or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. b. Contractual Liability "Bodily injury" or "property damage" for which the insured 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: (1) That the insured would have in the absence of the contract or agreement; or (2) Assumed in a contract or agreement that is an "insured contract", provided that the "bodily injury" or "property damage" occurs subsequent to the execution of the contract or agreement. Solely for the purposes of liability assumed in an "insured contract", reasonable attorneys' fees and necessary litigation expenses incurred by or for a party other than an insured will be deemed to be damages because of "bodily injury" or "property damage", provided that: (a) Liability to such party for, or for the cost of, that party's defense has also been assumed in the same "insured contract"; and (b) Such attorneys' fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this insurance applies are alleged. c. Liquor Liability "Bodily injury" or "property damage" for which any insured may be held liable by reason of: (1) Causing or contributing to the intoxication of any person: (2) The furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol; or (3) Any statute, ordinance or regulation relating to the sale, gift, distribution or use of alcoholic beverages. This exclusion applies only if you are in the business of manufacturing, distributing, selling, serving or furnishing alcoholic beverages. For the purposes of this exclusion, permitting a person to bring alcoholic beverages on your premises, for consumption on your premises, whether or not a fee is charged or a license is required for such activity, is not by itself considered the business of selling, serving or furnishing alcoholic beverages. d. Workers' Compensation And Similar Laws Any obligation of the insured under a workers' compensation, disability benefits or unemployment compensation law or any similar law. e. Employer's Liability "Bodily injury" to: (1) An "employee" of the insured arising out of and in the course of (a) Employment by the insured; or (b) Performing duties related to the conduct of the insured's business; or (2) The spouse, child, parent, brother or sister of that "employee" as a consequence of Paragraph (1) above. This exclusion applies whether the insured may be liable as an employer or in any other capacity and to any obligation to share damages with or repay someone else who must pay damages because of the injury. This exclusion does not apply to liability assumed by the insured under an "insured contract". f. Pollution (1) "Bodily injury" or "property damage" arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of "pollutants": (a) At or from any premises, site or location which is or was at any time owned or occupied by, or rented or loaned to, any insured. However, this subparagraph does not apply to: (i) "Bodily injury" it sustained within a building and caused by smoke, fumes, vapor or soot produced by or originating from equipment that Page 2 of 21 © 2017 The Travelers Indemnity Company. All rights reserved. Includes copyrighted material of Insurance Services Office. Inc with its permission "r,� ItiekAtanagonadDtviaian .i REVlevrtEo& APPR BY: Risk Management Specialist is used to heat, cool or dehumidify the building, or produced by or originating from equipment that is used to heat water for personal use by the building's occupants or their guests; (ii) "Bodily injury" or "property damage" for which you may be held liable, if you are a contractor and the owner or lessee of such premises, site or location has been added to your policy as an additional insured with respect to your ongoing operations performed for that additional insured at that premises, site or location and such premises, site or location is not and never was owned or occupied by, or rented or loaned to, any insured, other than that additional insured; or (iii) "Bodily injury" or "property damage" arising out of heat, smoke or fumes from a "hostile fire'; (b) At or from any premises, site or location which is or was at any time used by or for any insured or others for the handling, storage, disposal, processing or treatment of waste; (c) If such "pollutants" are or were at any time transported, handled, stored, treated, disposed of, or processed as waste by or for: (1) Any insured; or (ii) Any person or organization for whom you may be legally responsible; (d) At or from any premises, site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured's behalf are performing operations if the "pollutants" are brought on or to the premises, site or location in connection with such operations by such insured, contractor or subcontractor. However, this subparagraph does not apply to: (i) "Bodily injury" or "property damage" arising out of the escape of fuels, lubricants or other operating fluids which are needed COMMERCIAL GENERAL LIABILITY to perform the normal electrical, hydraulic or mechanical functions necessary for the operation of "mobile equipment" or its parts, If such fuels, lubricants or other operating fluids escape from a vehicle part designed to hold, store or receive them. This exception does not apply if the "bodily injury" or "property damage" arises out of the intentional discharge, dispersal or release of the fuels, lubricants or other operating fluids, or if such fuels, lubricants or other operating fluids are brought on or to the premises, site or location with the intent that they be discharged, dispersed or released as part of the operations being performed by such insured, contractor or subcontractor; (ii) "Bodily injury" or "property damage" sustained within a building and caused by the release of gases, fumes or vapors from materials brought into that building in connection with operations being performed by you or on your behalf by a contractor or subcontractor; or (iii) "Bodily injury" or "property damage" arising out of heat, smoke or fumes from a "hostile fire"; or (e) At or from any premises, site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured's behalf are or were at any time performing operations to test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, "pollutants". (2) Any loss, cost or expense arising out of any: (a) Request, demand, order or statutory or regulatory requirement that any insured or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, "pollutants" or CIS T1 00 02 19 ® 2017 The Travelers Indemnity Company. All rights reserved. Includes copyrighted malarial of Insurance Services Office. Inc. with its permission 4'Ie: `1' Risk MwgententDlvlston . Rwn n&Apmav®Br v A A Risk Manayement Spedalist COMMERCIAL GENERAL LIABILITY (b) Claim or suit by or on behalf of any governmental authority or any other person or organization because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of, "pollutants". g. Aircraft, Auto Or Watercraft "Bodily injury" or "property damage" arising out of the ownership, maintenance, use or entrustment to others of any aircraft, "auto" or watercraft owned or operated by or rented or loaned to any insured. Use includes operation and "loading or unloading". 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" involved the ownership, maintenance, use or entrustment to others of any aircraft, "auto" or watercraft that is owned or operated by or rented or loaned to any insured. This exclusion does not apply to: (1) A watercraft while ashore on premises you own or rent; (2) A watercraft you do not own that is: (a) 50 feet long or less; and (b) Not being used to carry any person or property for a charge; (3) Parking an "auto" on, or on the ways next to, premises you own or rent, provided the "auto" is not owned by or rented or loaned to you or the insured; (4) Liability assumed under any "insured contract" for the ownership, maintenance or use of aircraft or watercraft; (5) "Bodily injury" or "property damage" arising out of: (a) The operation of machinery or equipment that is attached to. or part of, a land vehicle that would qualify as "mobile equipment" under the definition of "mobile equipment" if such land vehicle were not subject to a compulsory or financial responsibility law, or other motor vehicle insurance law, where it is licensed or principally garaged; or (b) The operation of any of the machinery or equipment listed in Paragraph f.(2) or f.(3) of the definition of "mobile equipment"; or (6) An aircraft that is (a) Chartered with a pilot to any insured; (b) Not owned by any insured; and (c) Not being used to carry any person or property for a charge. h. Mobile Equipment "Bodily injury" or "property damage" arising out of: (1) The transportation of "mobile equipment" by an "auto" owned or operated by or rented or loaned to any insured; or (2) The use of "mobile equipment" in, or while in practice for, or while being prepared for, any prearranged racing, speed, demolition, or stunting activity I. War "Bodily injury" or "property damage" arising out of: (1) War, including undeclared or civil war; (2) Warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any government, sovereign or other authority using military personnel or other agents; or (3) Insurrection, rebellion, revolution, usurped power, or action taken by governmental authority in hindering or defending against any of these. Damage To Property "Property damage" to: (1) Property you own, rent, or occupy, including any costs or expenses incurred by you, or any other person, organization or entity, for repair. replacement, enhancement, restoration or maintenance of such property for any reason, including prevention of injury to a person or damage to another's property; (2) Premises you sell, give away or abandon, if the "property damage" arises out of any part of those premises; (3) Property loaned to you; (4) Personal property in the care, custody or control of the insured: Page 4 of 21 ® 2017 The Travelers Indemnity Company. All rights reserved. Includes copyrighted material of Insurance Services Office. Inc. with its permission. RlekM�agemndD[w�n 10MRenEV/ID 6 APPROVED By. ' ftlsk Management Spenalist COMMERCIAL GENERAL LIABILITY (5) That particular part of real property on accidental physical injury to "your product" or which you or any contractors or "your work" after it has been put to its intended subcontractors working directly or indirectly use. on your behalf are performing operations, if n Recall Of Products, Work Or Impaired the "property damage" arises out of those operations; or Property (6) That particular part of any property that Damages claimed for any loss, cost or expense must be restored, repaired or replaced incurred by you or others for the loss of use, because "your work" was incorrectly withdrawal, recall, inspection, repair, performed on it. replacement, adjustment, removal or disposal of: Paragraphs (1), (3) and (4) of this exclusion do not apply to "premises damage". A separate limit of insurance applies to "premises damage" as described in Paragraph 6. of Section III — Limits Of Insurance. Paragraph (2) of this exclusion does not apply if the premises are "your work" and were never occupied, rented or held for rental by you. Paragraphs (3). (4). (5) and (6) of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph (6) of this exclusion does not apply to "property damage" included in the "products - completed operations hazard". k. Damage To Your Product "Property damage" to "your product" arising out of it or any part of it. I. Damage To Your Work "Property damage" to "your work" arising out of it or any part of it and included in the "products - completed operations hazard". This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor. m. Damage To Impaired Property Or Property Not Physically Injured "Property damage" to "impaired property" or property that has not been physically injured, arising out of: (1) A defect, deficiency, inadequacy or dangerous condition in "your product" or "your work"; or (2) A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms. This exclusion does not apply to the loss of use of other property arising out of sudden and (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. o. Personal And Advertising Injury "Bodily injury" arising out of "personal and advertising injury", 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". However, this exclusion does not apply to liability for damages because of "bodily injury". q. Unsolicited Communication "Bodily injury" or "property damage" arising out of any actual or alleged violation of any law that restricts or prohibits the sending, transmitting or distributing of "unsolicited communication". r. Access Or Disclosure Of Confidential Or Personal Information "Bodily injury" or "property damage" arising out of any access to or disclosure of any person's or organization's confidential or personal information. s. Asbestos (1) "Bodily injury" or "property damage" arising out of the actual or alleged presence or actual, alleged or threatened dispersal of asbestos, asbestos fibers or products containing asbestos, provided that the "bodily injury" or "property damage" is caused or contributed to by the hazardous properties of asbestos. CG T1 00 02 19 © 2017 The Travelers Indemnity Company. All rights reserved. Includes copyrighted material or Insurance Services Office, Inc with its permission r 1tisEMvugrntenf4ixewt ' RE�MEV/ED&APPROVHJBY � I�I`�p A+.fr:rAcwr�[e Risk Management speoAht COMMERCIAL GENERAL LIABILITY (2) "Bodily injury" or "property damage" arising out of the actual or alleged presence or actual, alleged or threatened dispersal of any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapors, soot, fumes, acids, alkalis, chemicals and waste, and that are part of any claim or "suit" which also alleges any "bodily injury" or "property damage" described in Paragraph (1) above. (3) Any loss, cost or expense arising out of any: (a) Request, demand, order or statutory or regulatory requirement that any insured or others test for, monitor, clean up. remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, asbestos, asbestos fibers or products containing asbestos; or (b) Claim or suit by or on behalf of any governmental authority or any other person or organization because of testing for, monitoring, cleaning up. removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of, asbestos, asbestos fibers or products containing asbestos. It. Employment -Related Practices "Bodily injury" to: (1) A person arising out of any: (a) Refusal to employ that person; (b) Termination of that person's employment; or (c) Employment -related practice. policy. act or omission, such as coercion, demotion, evaluation, reassignment, discipline, failure to promote or advance, harassment, humiliation, discrimination, libel, slander, violation of the person's right of privacy. malicious prosecution or false arrest, detention or imprisonment applied to or directed at that person, regardless of whether such practice. policy, act or omission occurs, is applied or is committed before, during or after the time of that person's employment; or (2) The spouse, child, parent, brother or sister of that person as a consequence of "bodily injury" to that person at whom any of the employment -related practices described in Paragraph (a), (b).or (c) above is directed. This exclusion applies whether the insured may be liable as an employer or in any other capacity and to any obligation to share damages with or repay someone else who must pay damages because of the "bodily injury". Exclusions c. through n. do not apply to "premises damage". A separate limit of insurance applies to "Premises damage" as described in Paragraph 6. of Section III — Limits Of Insurance. COVERAGE B — PERSONAL AND ADVERTISING INJURY LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as damages because of "personal and advertising injury" to which this insurance applies. We will have the right and duty to defend the insured against any "suit" seeking those damages. However, we will have no duty to defend the insured against any "suit" seeking damages for "personal and advertising injury" to which this insurance does not apply. We may, at our discretion, investigate any offense and settle any claim or "suit" that may result. But: (1) The amount we will pay for damages is limited as described in Section III — Limits of Insurance; and (2) Our right and duty to defend end when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments. b. This insurance applies to "personal and advertising injury" caused by an offense arising out of your business but only if the offense was committed in the "coverage territory' during the policy period. 2. Exclusions This insurance does not apply to: a. Knowing Violation Of Rights Of Another "Personal and advertising injury" caused by or at the direction of the insured with the knowledge that the act would violate the rights of another and would inflict "personal and advertising injury". Page 6 of 21 © 2017 The Travelers Indemnity Company. All rights reserved. Includes copyrighted material of Insurance Services Office. Inc. with its pem isslon e RlsleMnvgmlentDMetals REvlEiVED&APPROVED BY: Risk Management Specialist This exclusion does not apply to "personal injury" caused by malicious prosecution. b. Material Published With Knowledge Of Falsity "Personal and advertising injury" arising out of oral or written publication, including publication by electronic means, of material, if done by or at the direction of the insured with knowledge of its falsity. c. Material Published Or Used Prior To Policy Period (1) "Personal and advertising injury" arising out of oral or written publication, including publication by electronic means, of material whose first publication took place before the beginning of the policy period; or (2) "Advertising injury" arising out of infringement of copyright, "title" or "slogan" in your "advertisement" whose first infringement in your "advertisement" was committed before the beginning of the policy period. d. Criminal Acts "Personal and advertising injury' arising out of a criminal act committed by or at the direction of the insured. e. Contractual Liability "Personal and advertising injury" for which the insured has assumed liability in a contract or agreement. This exclusion does not apply to liability for damages: (1) That the insured would have in the absence of the contract or agreement; or (2) Because of "personal injury" assumed by you in a contract or agreement that is an "insured contract", provided that the "personal injury' is caused by an offense committed subsequent to the execution of the contract or agreement. Solely for the purposes of liability assumed by you in an "insured contract", reasonable attorneys' fees and necessary litigation expenses incurred by or for a party other than an insured will be deemed to be damages because of "personal injury", provided that: (a) Liability to such party for, or for the cost of, that party's defense has also been assumed by you in the same "insured contract": and (b) Such attorneys' fees and litigation expenses are for defense of that party COMMERCIAL GENERAL LIABILITY against a civil or alternative dispute resolution proceeding in which damages to which this insurance applies are alleged. f. Breach Of Contract "Advertising injury" arising out of a breach of contract. g. Quality Or Performance Of Goods - Failure To Conform To Statements "Advertising injury" arising out of the failure of goods, products or services to conform with any statement of quality or performance made in your "advertisement". h. Wrong Description Of Prices "Advertising injury" arising out of the wrong description of the price of goods, products or services stated in your "advertisement". 1. Intellectual Property "Personal and advertising injury" arising out of any actual or alleged infringement or violation of any of the following rights or laws, or any other "personal and advertising injury" alleged in any claim or "suit" that also alleges any such infringement or violation: (1) Copyright; (2) Patent; (3) Trade dress: (4) Trade name: (5) Trademark: (6) Trade secret; or (7) Other intellectual property rights or laws. This exclusion does not apply to: (1) "Advertising injury" arising out of any actual or alleged infringement or violation of anothers copyright. "title" or "slogan" in your "advertisement": or (2) Any other "personal and advertising injury" alleged in any claim or "suit" that also alleges any such infringement or violation of another's copyright, "title" or "slogan" in your "advertisement". Insureds In Media And Internet Type Businesses "Personal and advertising injury" caused by an offense committed by an insured whose business is: (1) Advertising, "broadcasting" or publishing; CG T1 00 02 19 B 2017 The Travelers Indemnity Company. All rights reserved. Includes copyrighted material of Insurance services Office . Inc. with its permission. Risk MMgci tznEDlvlaim orr REVIE &APPROV®BY. ' A� A�arta Risk Management Spetialist COMMERCIAL GENERAL LIABILITY (2) Designing or determining content of websites for others: or (3) An Internet search, access, content or service provider. However, this exclusion does not apply to Paragraphs a.(1), (2) and (3) of the definition of "Personal injury". For the purposes of this exclusion: (1) Creating and producing correspondence written in the conduct of your business, bulletins, financial or annual reports, or newsletters about your goods, products or services will not be considered the business of publishing: and (2) The placing of frames, borders or links, or advertising, for you or others anywhere on the Internet will not, by itself, be considered the business of advertising. "broadcasting" or publishing. k. Electronic Chatrooms Or Bulletin Boards "Personal and advertising injury" arising out of an electronic chatroom or bulletin board the insured hosts or owns, or over which the insured exercises control. I. Unauthorized Use Of Another's Name Or Product "Personal and advertising injury" arising out of the unauthorized use of another's name or product in your e-mail address, domain name or metatag. or any other similar tactics to mislead another's potential customers. m. Pollution "Personal and advertising injury" arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of "pollutants" at any time. n. Pollution -Related Any loss, cost or expense arising out of any (1) Request, demand, order or statutory or regulatory requirement that any insured or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, "pollutants": or neutralizing, or in any way responding to,or assessing the effects of, "pollutants". o. War "Personal and advertising injury" arising out of: (1) War, including undeclared or civil war: (2) Warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any government, sovereign or other authority using military personnel or other agents: or (3) Insurrection, rebellion, revolution, usurped power, or action taken by governmental authority in hindering or defending against any of these. p. Unsolicited Communication "Personal and advertising injury" arising out of any actual or alleged violation of any law that restricts or prohibits the sending, transmitting or distributing of "unsolicited communication". q. Access Or Disclosure Of Confidenital Or Personal Information "Personal and advertising injury" arising out of any access to or disclosure of any person's or organization's confidential or personal information. r. Asbestos (1) "Personal and advertising injury' arising out of the actual or alleged presence or actual, alleged or threatened dispersal of asbestos, asbestos fibers or products containing asbestos, provided that the "personal and advertising injury" is caused or contributed to by the hazardous properties of asbestos. (2) "Personal and advertising injury' arising out of the actual or alleged presence or actual, alleged or threatened dispersal of any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapors, soot, fumes, acids, alkalis, chemicals and waste, and that are part of any claim or "suit" which also alleges any "personal and advertising injury" described in Paragraph (1) above. (3) Any loss, cost or expense arising out of any: (2) Claim or suit by or on behalf of any (a) Request, demand, order or statutory or governmental authority or any other person regulatory requirement that any insured or organization because of testing for, or others test for, monitor, clean up, monitoring, cleaning up, removing, remove, contain, treat, detoxify or containing, treating, detoxifying or neutralize, or in any way respond to, or RAMeogonentDivulen Page 8 of 21 ® 2017 The Travelers Indemnity Company. All rights reserved. I/, @ REVIEWED & APPROVED BY.' Includes copyrighted material of Insurance Services Office. Inc. with its permission. &6 R,4 a aw Risk Management Spedalist assess the effects of, asbestos, asbestos fibers or products containing asbestos; or (b) Claim or suit by or on behalf of any governmental authority or any other person or organization because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of, asbestos, asbestos fibers or products containing asbestos. s. Employment -Related Practices "Personal injury" to: (1) A person arising out of any: (a) Refusal to employ that person; (b) Termination of that person's employment; or (c) Employment -related practice, policy, act or omission, such as coercion, demotion, evaluation, reassignment, discipline, failure to promote or advance, harassment, humiliation, discrimination, libel, slander, violation of the person's right of privacy, malicious prosecution or false arrest, detention or imprisonment applied to or directed at that person, regardless of whether such practice, policy, act or omission occurs, is applied or is committed before, during or after the time of that person's employment; or (2) The spouse, child, parent. brother or sister of that person as a consequence of "Personal injury" to that person at whom any of the employment -related practices described in Paragraph (a), (b), or (c) above is directed. COMMERCIAL GENERAL LIABILITY (3) Because of your operations; provided that: (a) The accident takes place in the "coverage territory" and during the policy period; (b) The expenses are incurred and reported to us within one year of the date of the accident; and (c) The injured person submits to examination, at our expense, by physicians of our choice as often as we reasonably require. b. We will make these payments regardless of fault. These payments will not exceed the applicable limit of insurance. We will pay reasonable expenses for: (1) First aid administered at the time of an accident; (2) Necessary medical, surgical. X-ray and dental services, including prosthetic devices: and (3) Necessary ambulance, hospital, professional nursing and funeral services. 2. Exclusions We will not pay expenses for "bodily injury": This exclusion applies whether the insured may be liable as an employer or in any other capacity and to any obligation to share damages with or repay someone else who must pay damages e because of the "personal injury". COVERAGE C — MEDICAL PAYMENTS 1. Insuring Agreement a. We will pay medical expenses as described below for "bodily injury" caused by an accident: (1) On premises you own or rent: (2) On ways next to premises you own or rent; or f Any Insured To any insured, except "volunteer workers". Hired Person To a person hired to do work for or on behalf of any insured or a tenant of any insured. Injury On Normally Occupied Premises To a person injured on that part of premises you own or rent that the person normally occupies. Workers' Compensation And Similar Laws To a person, whether or not an "employee" of any insured, if benefits for the "bodily injury" are payable or must be provided under a workers' compensation or disability benefits law or a similar law. Athletics Activities To a person injured while practicing, instructing or participating in any physical exercises or games, sports, or athletic contests. Products -Completed Operations Hazard Included within the "products -completed operations hazard". g. Coverage A Exclusions Excluded under Coverage A. CG Tl 00 02 19 © 2017 The Travelers Indemnity Company. All rights reserved. Includes copyrighted material of Insurance Services Office. Inc. with its permission a Riskmodlxwatnn 'I` REV Ewm&AprRwm BY: A* f, Acevrdc ® Risk faanagement SpedAisl - COMMERCIAL GENERAL LIABILITY SUPPLEMENTARY PAYMENTS 1. We will pay, with respect to any claim we investigate or settle, or any "suit" against an insured we defend: a. All expenses we Incur. b. Up to $2,500 for the 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. c. The cost of bonds to release attachments, but only for bond amounts within the applicable limit of insurance. We do not have to furnish these bonds. 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. e. All court costs taxed against the insured in the "suit". However, these payments do not include attorneys' fees or attorneys' expenses taxed against the insured. If. Prejudgment interest awarded against the insured on that part of the judgment we pay. If we make an offer to pay the applicable limit of insurance, we will not pay any prejudgment interest based on that period of time after the offer. g. All interest on the full amount of any judgment that accrues after entry of the judgment and before we have paid, offered to pay, or deposited in court the part of the judgment that is within the applicable limit of insurance. These payments will not reduce the limits of insurance. 2. If we defend an insured against a "suit" and an indemnitee of the insured is also named as a party to the "suit", we will defend that indemnitee if all of the following conditions are met: a. The "suit" against the indemnitee seeks damages for which the insured has assumed the liability of the indemnitee in a contract or agreement that is an "insured contract"; b. This insurance applies to such liability assumed by the insured; c. The obligation to defend, or the cost of the defense of, that indemnitee, has also been assumed by the insured in the same "insured contract" d. The allegations in the "suit" and the information we know about the "occurrence" or offense are such that no conflict appears to exist between the interests of the insured and the interests of the indemnitee; e. The indemnitee and the insured ask us to conduct and control the defense of that indemnitee against such "suit" and agree that we can assign the same counsel to defend the insured and the indemnitee; and f. The indemnitee: (1) Agrees in writing to: (a) Cooperate with us in the investigation, settlement or defense of the "suit"; (b) immediately send us copies of any demands, notices, summonses or legal papers received in connection with the "suit": (c) Notify any other insurer whose coverage is available to the indemnitee; and (d) Cooperate with us with respect to coordinating other applicable insurance available to the indemnitee; and (2) Provides us with written authorization to: (a) Obtain records and other information related to the "suit"; and (b) Conduct and control the defense of the indemnitee in such "suit". So long as the above conditions are met, attorneys' fees incurred by us in the defense of that indemnitee, necessary litigation expenses incurred by us and necessary litigation expenses incurred by the indemnitee at our request will be paid as Supplementary Payments. Notwithstanding the provisions of Paragraph 2.b.(2) of Section I — Coverages — Coverage A — Bodily Injury And Property Damage Liability or Paragraph 2.e. of Section I — Coverages — Coverage B — Personal And Advertising Injury Liability, such payments will not be deemed to be damages for "bodily injury". "property damage" or "personal injury", and will not reduce the limits of insurance. Our obligation to defend an insured's indemnitee and to pay for attorneys' fees and necessary litigation expenses as Supplementary Payments ends when: Page 10 of 21 ® 2017 The Travelers Indemnity Company. All rights reserved. Includes copyrighted material of Insurance services Office. Inc. with its permission At RIA Mouganent iYsieion REv�Evrm g Apmovm BY: I A� Azw� ��Risk Management Specialist `. a. We have used up the applicable limit of insurance in the payment of judgments, settlements or medical expenses. or b. The conditions set forth above, or the terms of the agreement described in Paragraph f. above, are no longer met. SECTION II - WHO IS AN INSURED If you are designated in the Declarations as: a. An individual, you and your spouse are insureds, but only with respect to the conduct of a business of which you are the sole owner. b. A partnership or joint venture, you are an insured. Your members, your partners, and their spouses are also insureds, but only with respect to the conduct of your business. c. A limited liability company, you are an insured. Your members are also insureds, but only with respect to the conduct of your business. Your managers are insureds, but only with respect to their duties as your managers. d. An organization other than a partnership, joint venture or limited liability company, you are an insured. Your "executive officers" and directors are insureds, but only with respect to their duties as your officers or directors. Your stockholders are also insureds, but only with respect to their liability as stockholders. e. A trust, you are an insured. Your trustees are also insureds, but only with respect to their duties as trustees. 2. Each of the following is also an insured: a. Your "volunteer workers" only while performing duties related to the conduct of your business, or your "employees", other than either your "executive officers" (if you are an organization other than a partnership, joint venture or limited liability company) or your managers (if you are a limited liability company), but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However, none of these "employees" or "volunteer workers" are insureds for: (1) "Bodily injury" or "personal injury": (a) To you, to your partners or members (if you are a partnership or joint venture), to your members (if you are a limited liability company), to a co -"employee" while in the course of his or her employment or performing duties related to the conduct of your business, or to your other "volunteer COMMERCIAL GENERAL LIABILITY workers" while performing duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of that co -"employee" or "volunteer worker" as a consequence of Paragraph (1)(a) above: (c) 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) or (b) above; or (d) Arising out of his or her providing or failing to provide professional health care services. Unless you are in the business or occupation of providing professional health care services. Paragraphs (1)(a), (b), (c) and (d) above do not apply to "bodily injury" arising out of providing or failing to provide first aid or "Good Samaritan services" by any of your "employees" or "volunteer workers", other than an employed or volunteer doctor. Any such "employees' or "volunteer workers" providing or failing to provide first aid or "Good Samaritan services" during their work hours for you will be deemed to be acting within the scope of their employment by you or performing duties related to the conduct of your business. (2) "Property damage" to property: (a) Owned, occupied or used by; (b) Rented to, in the care, custody or control of, or over which physical control is being exercised for any purpose by: you, any of your "employees", "volunteer workers", any partner or member (if you are a partnership or joint venture), or any member (if you are a limited liability company). b. Any person (other than your "employee" or "volunteer worker"), or any organization, while acting as your real estate manager. c. Any person or organization having proper temporary custody of your property If you die, but only: (1) With respect to liability arising out of the maintenance or use of that property: and (2) Until your legal representative has been appointed. CG T1 00 02 19 © 2017 The Travelers Indemnity company. All rights reserved. Includes copyrighted material of Insurance services Office, Inc. with its permission � RIsIeM®ssgrn¢ntDtwslon RtvlE SApmovm By: Risk Management spnpeci.A COMMERCIAL GENERAL LIABILITY d. Your legal representative if you die, but only with respect to duties as such. That representative will have all your rights and duties under this Coverage Part. e. Any person or organization that, with your express or implied consent, either uses or is responsible for the use of a watercraft that you do not own that is: (1) 50feet long or less; and (2) Not being used to carry any person or property for a charge. 3. Any organization you newly acquire or form, other than a partnership, joint venture or limited liability company, and of which you are the sole owner or in which you maintain an ownership interest of more than 50%, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: 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; 5 b. Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and c. Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. For the purposes of Paragraph 1. of Section II — Who Is An Insured, each such organization will be deemed to be designated in the Declarations as: a. An organization, other than a partnership, joint venture or limited liability company; or b. A trust; as indicated in its name or the documents that govern its structure. 4. Any person or organization that is a premises owner, manager or lessor and that you have agreed in a written contract or agreement to include as an additional insured on this Coverage Part is an insured, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" that: a. Is "bodily injury" or "property damage" that occurs, or is "personal and advertising injury" caused by an offense that is committed. subsequent to the signing of that contract or agreement; and b. Arises out of the ownership, maintenance or use of that part of any premises leased to you. The insurance provided to such premises owner, manager or lessor is subject to the following provisions: a. The limits of insurance provided to such premises owner, manager or lessor will be the minimum limits that you agreed to provide in the written contract or agreement, or the limits shown in the Declarations, whichever are less. b. The insurance provided to such premises owner, manager or lessor does not apply to: (1) Any "bodily injury" or "property damage" that occurs, or "personal and advertising injury" caused by an offense that is committed, after you cease to be a tenant in that premises; or (2) Structural alterations, new construction or demolition operations performed by or on behalf of such premises owner, manager or lessor. Any person or organization that is an equipment lessor and that you have agreed in a written contract or agreement to include as an additional insured on this Coverage Part is an insured, but only with respect to liability for "bodily injury", "property damage", or "personal and advertising injury" that: a. Is "bodily injury" or "property damage" that occurs, or is "personal and advertising injury" caused by an offense that is committed, subsequent to the signing of that contract or agreement; and b. Is caused, in whole or in part, by your acts or omissions in the maintenance, operation or use of equipment leased to you by such equipment lessor. The insurance provided to such equipment lessor is subject to the following provisions: a. The limits of insurance provided to such equipment lessor will be the minimum limits that you agreed to provide in the written contract or agreement, or the limits shown in the Declarations, whichever are less. b. The insurance provided to such equipment lessor does not apply to any "bodily injury" or "property damage" that occurs, or "personal and advertising injury" caused by an offense that is committed, after the equipment lease expires. No person or organization is an insured with respect to the conduct of any current or past partnership, joint e lUakMmrganentDlvidon Page 12 of 21 © 2017 The Travelers Indemnity Company. All rights reserved. ARREVIEWED &hrPRov®Br: Includes copyrighted material of Insurance services Office, Inc. with its permission. Ruk Management Spedalut venture or limited liability company that is not shown as a Named Insured in the Declarations. This paragraph does not apply to any such partnership, joint venture or limited liability company that otherwise qualifies as an insured under Section II —Who Is An Insured. SECTION III — LIMITS OF INSURANCE 1. The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits". 2. The General Aggregate Limit is the most we will pay for the sum of: 3 4. S. 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. 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". Subject to Paragraph 2. above, the Personal And Advertising Injury Limit is the most we will pay under Coverage B for the sum of all damages because of all "personal injury" and "advertising Injury' sustained by any one person or organization. Subject to Paragraph 2. or 3, above, whichever applies, the Each Occurrence Limit is the most we will pay for the sum of: a. Damages under Coverage A; and b. Medical expenses under Coverage C; because of all "bodily injury" and "property damage" arising out of any one "occurrence". For the purposes of determining the applicable Each Occurrence Limit, all related ads or omissions committed in providing or failing to provide first aid or "Good Samaritan services" to any one person will be deemed to be one "occurrence". 6. Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of "premises damage" to any one premises. The Damage To Premises Rented To You Limit will be: COMMERCIAL GENERAL LIABILITY a. The amount shown for the Damage To Premises Rented To You Limit in the Declarations of this Coverage Part; or b. $300,000 if no amount is shown for the Damage To Premises Rented To You Limit in the Declarations of this Coverage Part. 7. Subject to Paragraph 5. above, the Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of "bodily injury" sustained by any one person. The Limits of Insurance of this Coverage Part 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 purposes of determining the Limits of Insurance. SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS 1. Bankruptcy Bankruptcy or insolvency of the insured or of the insured's estate will not relieve us of our obligations under this Coverage Part. 2. 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. To the extent possible, notice should include: (1) How. when and where the "occurrence" or offense took place; (2) The names and addresses of any injured persons and witnesses; and (3) 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: (1) Immediately record the specifics of the claim or "suit" and the date received: and (2) 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. c. You and any other involved insured must: (1) Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the claim or "suit"; CG T1 00 02 19 © 2017 The Travelers Indemnity Company. All rights reserved. Includes copyrighted material of Insurance services Office. Inc. with its permission ,y q. Risk Muaganatt DiWion RRAVX o&APMR BY: A,,g;e Acura •�_w• Risk Management Speaalisr 00 COMMERCIAL GENERAL LIABILITY (2) Authorize us to obtain records and other information; (3) Cooperate with us in the investigation or settlement of the claim or defense against the "suit" and (4) Assist us, upon our request, in the enforcement of any right against any person or organization which may be liable to the insured because of injury or damage to which this insurance may also apply. d. No insured will, except at that insured's own cost, voluntarily make a payment, assume any obligation, or incur any expense, other than for first aid, without our consent. e. The following provisions apply to Paragraph a. above, but only for purposes of the insurance provided under this Coverage Part to you or any insured listed in Paragraph 1. or 2. of Section II - Who Is An Insured: (1) Notice to us of such "occurrence" or offense must be given as soon as practicable only after the "occurrence" or offense is known to you (if you are an individual), any of your partners or members who is an individual (if you are a partnership or joint venture), any of your managers who is an individual (if you are a limited liability company), any of your "executive officers" or directors (if you are an organization other than a partnership, joint venture, or limited liability company), any of your trustees who is an individual (if you are a trust) or any "employee" 3 authorized by you to give notice of an "occurrence" or offense. (2) If you are a partnership, joint venture, limited liability company or trust, and none of your partners, joint venture members, managers or trustees are individuals, notice to us of such "occurrence" or offense must be given as soon as practicable only after the "occurrence" or offense is known by: (a) Any individual who is: (i) A partner or member of any partnership or joint venture; (ii) A manager of any limited liability company; (Ili) An executive officer or director of any other organization; or (iv) A trustee of any trust; that is your partner, joint venture member, manager or trustee; or (b) Any employee authorized by such partnership, joint venture, limited liability company, trust or other organization to give notice of an "occurrence" or offense. (3) Notice to us of such "occurrence" or offense will be deemed to be given as soon as practicable if it is given in good faith as soon as practicable to your workers' compensation insurer. This applies only if you subsequently give notice to us of the "occurrence" or offense as soon as practicable after any of the persons described in Paragraph e.(1) or (2) above discovers that the "occurrence" or offense may result in sums to which the insurance provided under this Coverage Part may apply. However, if this policy includes an endorsement that provides limited coverage for "bodily injury" or "property damage" or pollution costs arising out of a discharge, release or escape of "pollutants" which contains a requirement that the discharge, release or escape of "pollutants" must be reported to us within a specific number of days after its abrupt commencement, this Paragraph e. does not affect that requirement. Legal Action Against Us No person or organization has a right under this Coverage Part: a. To join us as a party or otherwise bring us into a "suit" asking for damages from an insured; or b. To sue us on this Coverage Part unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured; but we will not be liable for damages that are not payable under the terms of this Coverage Part or that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us, the insured, and the claimant or the claimant's legal representative. Page 14 of 21 © 2017 The Travelers Indemnity Company. All rights reserved. Includes copyrighted material of Insurance services Office. Inc. with its permisslon. RieleMavgmwntDMsLan REAM�D 6 Arrwovm By A f:, A,zkda '® Risk Management Speoalist , COMMERCIAL GENERAL LIABILITY 4. Other Insurance (ill That is insurance for "premises If valid and collectible other insurance is available to damage" the insured for a loss we cover under Coverages A 011) If the loss arises out of the or B of this Coverage Part, our obligations are maintenance or use of aircraft, limited as described in Paragraphs a. and b. below. "autos" or watercraft to the extent As used anywhere in this Coverage Part, other not subject to any exclusion in this insurance means insurance, or the funding of Coverage Part that applies to losses, that is provided by, through or on behalf of: aircraft, "autos" or watercraft; (1) Another insurance company; (iv) That is insurance available to a (ill Us or any of our affiliated insurance companies, premises owner, manager or lessor that qualifies as an insured except when the Non cumulation of Each under Paragraph 4. of Section II — Occurrence Limit provision of Paragraph 5. of Who Is An Insured, except when Section III — Limits Of Insurance or the Non Paragraph d. below applies; or cumulation of Personal and Advertising Injury Limit provision of Paragraph 4. of Section III — (v) That is insurance available to an Limits of Insurance applies because the equipment lessor that qualifies as Amendment — Non Cumulation Of Each an insured under Paragraph S. of Occurrence Limit Of Liability And Non Section II — Who Is An Insured, Cumulation of Personal And Advertising Injury except when Paragraph d. below Limit endorsement is included in this policy; applies. (ill) Any risk retention group; or (b) Any of the other insurance, whether primary, excess, contingent or on any (iv)Any self-insurance method or program, in other basis, that is available to the which case the insured will be deemed to be insured when the insured is an the provider of other insurance. additional insured, or is any other Other insurance does not include umbrella insured that does not qualify as a insurance, or excess insurance, that was bought named insured, under such other specifically to apply in excess of the Limits of insurance. Insurance shown in the Declarations of this (2) When this insurance is excess, we will Coverage Part. have no duty under Coverages A or B to As used anywhere in this Coverage Part, other defend the insured against any "suit" if any insurer means a provider of other insurance. As other insurer has a duty to defend the used in Paragraph c. below, insurer means a insured against that "suit". If no other provider of insurance. insurer defends, we will undertake to do so, but we will be entitled to the insured's rights a. Primary Insurance against all those other insurers. This insurance is primary except when (3) When this insurance is excess over other Paragraph b. below applies. If this insurance is insurance, we will pay only our share of the primary, our obligations are not affected unless amount of the lass, if any, that exceeds the any of the other insurance is also primary, sum of: Then, we will share with all that other insurance (a) The total amount that all such other by the method described in Paragraph c. below, insurance would pay for the loss in the except when Paragraph d. below applies. absence of this insurance: and b. Excess Insurance (b) The total of all deductible and self - insured amounts under all that other (1) This insurance is excess over: insurance. (a) Any of the other insurance, whether (4) We will share the remaining loss, 4 any, primary, excess, contingent or on any with any other insurance that is not other basis: described in this Excess Insurance provision and was not bought specifically to (i) That is Fire, Extended Coverage, apply in excess of the Limits of Insurance Builder's Risk, Installation Risk or shown in the Declarations of this Coverage similar coverage for "your work"; Part- CG T1 00 02 19 © 2017 The Travelers Indemnity Company. All rights reserved. Includes copyrighted material of Insurance services Office. Inc. with its permission Risk MougamadDhision REVIEWED&APPROVIDBy Risk Management Sper ahst COMMERCIAL GENERAL LIABILITY c. Method Of Sharing If all of the other insurance permits contribution by equal shares, we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. d. Primary And Non -Contributory Insurance If Required By Written Contract If you specifically agree in a written contract or agreement that the insurance afforded to an insured under this Coverage Part must apply on a primary basis, or a primary and non- contributory basis, this insurance is primary to other insurance that is available to such insured which covers such insured as a named insured, and we will not share with that other insurance, provided that: (1) The "bodily injury" or "property damage" for which coverage is sought occurs: and (2) The "personal and advertising injury" for which coverage is sought is caused by an offense that is committed; subsequent to the signing of that contract or agreement by you. S. Premium Audit a. We will compute all premiums for this Coverage Part in accordance with our rules and rates. b. Premium shown in this Coverage Part as advance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period and send notice to the first Named Insured. The due date for audit and retrospective premiums is the date shown as the due date on the bill. If the sum of the advance and audit premiums paid for the policy period is greater than the earned premium, we will return the excess to the first Named Insured. c. The first Named Insured must keep records of the information we need for premium computation, and send us copies at such times as we may request. 6. Representations By accepting this policy, you agree: a. The statements in the Declarations are accurate and complete; b. Those statements are based upon representations you made to us; and c. We have issued this policy in reliance upon your representations. The unintentional omission of, or unintentional error in, any information provided by you which we relied upon in issuing this policy will not prejudice your rights under this insurance. However, this provision does not affect our right to collect additional premium or to exercise our rights of cancellation or nonrenewal in accordance with applicable insurance laws or regulations. 7. Separation Of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this Coverage Part to the first Named Insured, this insurance applies: a. As if each Named insured were the only Named Insured: and b. Separately to each insured against whom claim is made or "suit" is brought. 8. Transfer Of Rights Of Recovery Against Others To Us If the insured has rights to recover all or part of any payment we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. 9. When We Do Not Renew If we decide not to renew this Coverage Part, we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the expiration date. If notice is mailed, proof of mailing will be sufficient proof of notice. SECTION V — DEFINITIONS "Advertisement" means a notice that is broadcast or published to the general public or specific market segments about your goods, products or services for the purpose of attracting customers or supporters. For the purposes of this definition: a. Notices that are published include material placed on the Internet or on similar electronic means of communication; and b. Regarding websites, only that part of a website that is about your goods, products or services for the purposes of attracting customers or supporters is considered an advertisement. Page 16 of 21 © 2017 The Travelers Indemnity Company. All rights reserved. Includes copyrighted material of Insurance Services Office. Inc. with its permission. N At liielrMamgnramtD[vielan Renepl=Dfi AVPaw®Ry: "l1I��'' Risk Management Specialist s% 2. "Advertising injury' a. Means injury caused by one or more of the following offenses: (1) Oral or written publication, including publication by electronic means, of material in your "advertisement" that slanders or libels a person or organization or disparages a person's or organization's goods, products or services, provided that the claim is made or the "suit" is brought by a person or organization that claims to have been slandered or libeled, or that claims to have had its goods, products or services disparaged; (2) Oral or written publication, including publication by electronic means, of material in your "advertisement" that: (a) Appropriates a person's name, voice, photograph or likeness: or (b) Unreasonably places a person in a false light; or (3) Infringement of copyright, 'title" or "slogan" in your "advertisement", provided that the claim is made or the "suit" is brought by a person or organization that claims ownership of such copyright. "title" or "slogan". b. Includes "bodily injury" caused by one or more of the offenses described in Paragraph a. above. 3. "Auto" means: a. A land motor vehicle, trailer or semitrailer designed for travel on public roads, including any attached machinery or equipment; or b. Any other land vehicle that is subject to a compulsory or financial responsibility law, or other motor vehicle insurance law, where it is licensed or principally garaged. However, "auto" does not include "mobile equipment". 4. "Bodily injury" means: a. Physical harm, including sickness or disease, sustained by a person; or b. Mental anguish, injury or illness, or emotional distress, resulting at any time from such physical harm, sickness or disease. 5. "Broadcasting" means transmitting any audio or visual material for any purpose: a. By radio or television; or COMMERCIAL GENERAL LIABILITY b. In, by or with any other electronic means of communication, such as the Internet, if that material is part of: (1) Radio or television programming being transmitted; (2) Other entertainment, educational, instructional, music or news programming being transmitted; or (3) Advertising transmitted with any of such programming. 6. "Coverage territory" means: a. The United States of America (including its territories and possessions), Puerto Rico and Canada; b. International waters or airspace, but only if the injury or damage occurs in the course of travel or transportation between any places included in Paragraph a. above; or c. All other parts of the world if the injury or damage arises out of: (1) Goods or products made or sold by you in the territory described in Paragraph a. above; (2) The activities of a person whose home is in the territory described in Paragraph a. above, but is away for a short time on your business; or (3) "Personal and advertising injury" offenses that take place through the Internet or similar electronic means of communication; provided the insured's responsibility to pay damages is determined in a "suit" on the merits in the territory described in Paragraph a. above, or in a settlement we agree to. 7. "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, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. 8. "Employee" includes a "leased worker". "Employee" does not include a "temporary worker". 9. "Executive officer' means a person holding any of the officer positions created by your charter, constitution, bylaws or any other similar governing document. CG T1 00 02 19 ® 2017 The Travelers Indemnity Company. All rights reserved. Includes copyrighted material of Insurance Services Office. Inc with its penmssion. ` RiskMffarmentDtxsion Rentvim & AvlatovEn By D.r Risk Management Spedalist COMMERCIAL GENERAL LIABILITY 10. "Good Samaritan services" means any emergency medical services for which no compensation is demanded or received. 11. "Hostile fire" means a fire which becomes uncontrollable or breaks out from where it was intended to be. 12. "Impaired property" means tangible property, other than "your product" or "your work", that cannot be used or is less useful because: a. It incorporates "your product" or "your work" that is known or thought to be defective, deficient, inadequate or dangerous: or b. You have failed to fulfill the terms of a contract or agreement: if such property can be restored to use by the repair, replacement, adjustment or removal of "your product" or "your work" or your fulfilling the terms of the contract or agreement. 13. "Insured contract" means: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for "premises damage" is not an "insured contract": b. A sidetrack agreement: c. Any easement or license agreement, except in connection with construction or demolition operations on or within 50 feet of a railroad: d. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; e. An elevator maintenance agreement; f. That part of any other contract or agreement pertaining to your business (including an indemnification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another party to pay for "bodily injury", "property damage" or "personal injury" to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. does not include that part of any contract or agreement: (1) That indemnifies a railroad for "bodily injury" or "property damage" arising out of construction or demolition operations, within 50 feet of any railroad property and affecting any railroad bridge or trestle, tracks, roadbeds, tunnel, underpass or crossing; (2) That indemnifies an architect, engineer or surveyor for injury or damage arising out of: (a) Preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (b) Giving directions or instructions, or failing to give them. if that is the primary cause of the injury or damage; or (3) Under which the insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the insured's rendering or failure to render professional services, including those listed in Paragraph (2) above and supervisory, inspection, architectural or engineering activities. 14. "Leased worker' means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm, to perform duties related to the conduct of your business. "Leased worker" does not include a "temporary worker". 15. "Loading or unloading" means the handling of property: a. After it is moved from the place where it is accepted for movement into or onto an aircraft, watercraft or "auto"; b. While it is in or on an aircraft, watercraft or "auto": or c. While it is being moved from an aircraft, watercraft or "auto" to the place where it is finally delivered; but "loading or unloading" does not include the movement of property by means of a mechanical device, other than a hand truck, that is not attached to the aircraft, watercraft or "auto". 16. "Mobile equipment" means any of the following types of land vehicles, including any attached machinery or equipment: a. Bulldozers, farm machinery, forklifts and other vehicles designed for use principally off public roads; b. Vehicles maintained for use solely on or next to premises you own or rent; c. Vehicles that travel on crawler treads; Page 18 of 21 ® 2017 The Travelers Indemnity Company. All rights reserved. Includes copyrighted material of Insurance services Office, Inc with its permission. xlekMsr gmatEnivdM REVIEWm&APPRW®8Y: A«ge A,w� �I' Rkk Management Spedalist GA COMMERCIAL GENERAL LIABILITY Vehicles, whether self-propelled or not, maintained primarily to provide mobility to permanently mounted: (1) Power cranes, shovels, loaders, diggers or drills; or (2) Road construction or resurfacing 18. "Personal and advertising injury" means "personal equipment such as graders, scrapers or injury" or "advertising injury". rollers; e. Vehicles not described in Paragraph a., b., c. or d. above that are not self-propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types: (1) Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment; or (2) Cherry pickers and similar devices used to raise or lower workers; f. Vehicles not described in Paragraph a., b., c. or d. above maintained primarily for purposes other than the transportation of persons or cargo. However. self-propelled vehicles with the following types of permanently attached equipment are not "mobile equipment" but will be considered "autos": (1) Equipment designed primarily for: (a) Snow removal; (b) Road maintenance, but not construction or resurfacing; or (c) Street cleaning; (2) Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers; and (3) Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment. However, "mobile equipment" does not include any land vehicle that is subject to a compulsory or financial responsibility law, or other motor vehicle insurance law, where it is licensed or principally garaged. Such land vehicles are considered "autos". 17. "Occurrence" means: a. An accident, including continuous or repeated exposure to substantially the same general harmful conditions; or b. An act or omission committed in providing or failing to provide first aid or "Good Samaritan services" to a person, unless you are in the business or occupation of providing professional health care services. 19. "Personal injury": a. Means injury, other than "advertising injury", caused by one or more of the following offenses: (1) False arrest, detention or imprisonment; (2) Malicious prosecution; (3) The wrongful eviction from, wrongful entry into, or invasion of the right of private occupancy of a room, dwelling or premises that a person occupies, provided that the wrongful eviction, wrongful entry or invasion of the right of private occupancy is committed by or on behalf of the owner, landlord or lessor of that room, dwelling or premises; (4) Oral or written publication, including publication by electronic means, of material that slanders or libels a person or organization or disparages a person's or organization's goods, products or services. provided that the claim is made or the "suit" is brought by a person or organization that claims to have been slandered or libeled, or that claims to have had its goods, products or services disparaged; or (5) Oral or written publication, including publication by electronic means, of material that: (a) Appropriates a person's name, voice, photograph or likeness; or (b) Unreasonably places a person in a false light. b. Includes "bodily injury" caused by one or more of the offenses described in Paragraph a. above. 20. "Pollutants" mean any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste. Waste includes materials to be recycled, reconditioned or reclaimed. CG T 1 00 02 19 © 2017 The Travelers Indemnity Company. All rights reserved. Includes copyrighted material of Insurance Services Office. Inc with its permission v r wakxinagrnta,tlkw�on RE EWEDS APPRO Sy. - Risk Management Speoarist , COMMERCIAL GENERAL LIABILITY 21. 'Premises damage" means: a. b. With respect to the first paragraph of the exceptions in Exclusion J. of Section I - Coverage A - Bodily Injury And Property Damage Liability, 'property damage" to any premises while rented to you for a period of seven or fewer consecutive days, including the contents of such premises; or With respect to the exception to Exclusions c. through In. in the last paragraph of Paragraph 2. of Section 1 - Coverage A - Bodily Injury And Property Damage Liability, "property damage" to any premises while rented to you for a period of more than seven consecutive days, or while temporarily occupied by you with permission of the owner, caused by: (1) Fire; (2) Explosion; (3) Lightning; (4) Smoke resulting from fire, explosion or lightning; or (5) Water. But "premises damage" under this Paragraph b. does not include 'property damage" to any premises caused by: (1) Rupture, bursting, or operation of pressure relief devices; (2) Rupture or bursting due to expansion or swelling of the contents of any building or structure caused by or resulting from water; or (3) Explosion of steam boilers, steam pipes, steam engines or steam turbines. 22. 'Products -completed operations hazard": a. Includes all 'bodily injury" and 'property damage" occurring away from premises you own or rent and arising out of "your product" or "your work" except: (1) Products that are still in your physical possession; or (2) Work that has not yet been completed or abandoned. However, "your work' will be deemed completed at the earliest of the following times: (a) When all of the work called for in your contract has been completed. (b) When all of the work to be done at the job site has been completed if your contract calls for work at more than one job site. (c) When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service, maintenance, correction, repair or replacement, but which is otherwise complete, will be treated as completed. b. Does not include 'bodily injury" or 'property damage" arising out of: (1) The transportation of property, unless the injury or damage arises out of a condition in or on a vehicle not owned or operated by you, and that condition was created by the "loading or unloading" of that vehicle by any insured; (2) The existence of tools, uninstalled equipment or abandoned or unused materials; or (3) Products or operations for which the classification, listed in the Declarations or in a policy Schedule, states that products - completed operations are subject to the General Aggregate Limit. 23. 'Property damage" means: a. Physical injury to tangible property. including all resulting loss of use of that property. All such loss of use will be deemed to occur at the time of the physical injury that caused it; or b. Loss of use of tangible property that is not physically injured. All such loss of use will be deemed to occur at the time of the "occurrence" that caused it. For the purposes of this insurance, "electronic data" is not tangible property. 24. "Slogan": a. Means a phrase that others use for the purpose of attracting attention in their advertising. b. Does not include a phrase used as, or in, the name of: (1) Any person or organization, other than you; or (2) Any business, or any of the premises, goods, products, services or work, of any person or organization, other than you. Page 20 of 21 ® 2017 The Travelers Indemnity Company. All rights reserved. Includes copyrighted material of Insurance Services Office. Inc. with its permission °'. d11 ill ld 1' Risk MamgonadDWision fl nE D & A"Rovan By., Aj�, Aug Risk Management SpedAht 25. "Suit" means a civil proceeding in which damages because of "bodily injury", "property damage" or "personal and advertising injury" to which this insurance applies are alleged. "Suit" includes: a. An arbitration proceeding in which such damages are claimed and to which the insured must submit or does submit with our consent; or Id. Any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent. 26. "Temporary worker" means a person who is furnished to you to substitute for a permanent "employee" on leave or to meet seasonal or short- term workload conditions. 27. "Title" means a name of a literary or artistic work. 28. "Unsolicited communication" means any communication, in any form, that the recipient of such communication did not specifically request to receive. 29. "Volunteer worker" means a person who is not your "employee", and who donates his or her work and acts at the direction of and within the scope of duties determined by you, and is not paid a fee, salary or other compensation by you or anyone else for their work performed for you. 30. "Your product": a. Means: (1) Any goods or products, other than real property, manufactured, sold, handled, distributed or disposed of by; COMMERCIAL GENERAL LIABILITY (a) You; (b) Others trading under your name; or (c) A person or organization whose business or assets you have acquired: and (2) Containers (other than vehicles), materials, parts or equipment furnished in connection with such goods or products. b. Includes: (1) Warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of "your product"; and (2) The providing of or failure to provide warnings or instructions. c. Does not include vending machines or other property rented to or located for the use of others but not sold. 31. "Your work": a. Means: (1) Work or operations performed by you or on your behalf; and (2) Materials, parts or equipment fumished in connection with such work or operations. b. Includes: (1) Warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of "your work"; and (2) The providing of or failure to provide warnings or instructions. CG T1 00 02 19 © 2017 The Travelers Indemnity Company. All rights reserved. Includes copyrighted matedal of Insurance Services Office. Inc. with Its pem, sswn. .s e" 4 RIAM°"k9,l"dDr,m°n REVIEWED 6 APPROV®8Y ' �'• AAA �� Rak Management Specialist :'I POLICY NUMBER: 680-1J742131-22-42 COMMERCIAL GENERAL LIABILITY ISSUE DATE:01/03/2022 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SCHEDULED ADDITIONAL INSURED (includes Products -Completed Operations If Required By Contract) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE OF ADDITIONAL INSUREDS AND COVERED OPERATIONS NAME OF PERSON OR ORGANIZATION: CITY OF SANTA ANA 20 CIVIC CENTER PLAZA M-23 SANTA ANA CA 92702 PROJECT/LOCATION OF COVERED OPERATIONS: SANTA ANA PUBLIC LIBRARY PROVISIONS The following is added to SECTION II — WHO IS AN INSURED: Any person or organization shown in the Schedule Of Additional Insureds And Covered Operations that you agree in a written contract or agreement to include as an additional insured on this Coverage Part is an insured, but only: a. With respect to liability for "bodily injury" or "property damage" that occurs, or for "personal injury" caused by an offense that is committed, subsequent to the signing of that contract or agreement and while that part of the contract or agreement is in effect; and b. If, and only to the extent that, such injury or damage is caused by acts or omissions of you or your subcontractor in the performance of "your work" on or for the project, or at the location, shown in the Schedule Of Additional Insureds And Covered Operations, to which the written contract or agreement applies. Such person or organization does not qualify as an additional insured with respect to the independent acts or omissions of such person or organization. The insurance provided to such additional insured is subject to the following provisions: a. If the Limits of Insurance of this Coverage Part shown in the Declarations exceed the minimum limits required by the written contract or agreement, the insurance provided to the additional insured will be limited to such minimum required limits. For the purposes of determining whether this limitation applies, the minimum limits required by the written contract or agreement will be considered to include the minimum limits of any Umbrella or Excess liability coverage required for the additional insured by that written contract or agreement. This provision will not increase the limits of insurance described in Section III — Limits Of Insurance. b. The insurance provided to such additional insured does not apply to: (1) Any 'bodily injury", "property damage" or "personal injury" arising out of the providing, or failure to provide, any professional architectural, engineering or surveying services, including: CG D2 47 04 19 ©2010 The Travelers Indemnity Company. All rights reserved. ttlekMmugonmttxWion REVIEweo & ArrrsavlD BY.' ®' Risk Management Sperialisl COMMERCIAL GENERAL LIABILITY (a) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders or change orders, or the preparing, approving, or failing to prepare or approve, drawings and specifications; and (b) Supervisory, inspection, architectural or engineering activities. (2) Any 'bodily injury" or "property damage" caused by "your work" and included in the "products -completed operations hazard" unless the written contract or agreement specifically requires you to provide such coverage for that additional insured during the policy period. c. The additional insured must comply with the following duties: (1) Give us written notice as soon as practicable of an 'occurrence" or an offense which may result in a claim. To the extent possible, such notice should include: (a) How, when and where the 'occurrence" or offense took place; (b) The names and addresses of any injured persons and witnesses: and (c) The nature and location of any injury or damage arising out of the "occurrence" or offense. (2) If a claim is made or "suit" is brought against the additional insured: (a) Immediately record the specifics of the claim or "suit' and the date received; and (b) Notify us as soon as practicable and see to it that we receive written notice of the claim or "suit' as soon as practicable. (3) Immediately send us copies of all legal papers received in connection with the claim or "suit', cooperate with us in the investigation or settlement of the claim or defense against the "suit", and otherwise comply with all policy conditions. (4) Tender the defense and indemnity of any claim or "suit" to any provider of other insurance which would cover such additional insured for a loss we cover. However, this condition does not affect whether the insurance provided to such additional insured is primary to other insurance available to such additional insured which covers that person or organization as a named insured as described in Paragraph 4., Other Insurance, of Section IV — Commercial General Liability Conditions. Page 2 of 2 © 2018 The Travelers Indemnity Company All rights reserved. PlakMowgenwntDivislan " FlIEVIEWm&APPRQJ®BY i A+�js Acwula ®' Risk Management Specialist POLICY NUMBER: 680-1J742131-22-42 COMMERCIAL GENERAL LIABILITY ISSUE DATE: 01/03/2022 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: CITY OF SANTA ANA 20 CIVIC CENTER PLAZA M-23 SANTA ANA CA 92702 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV — Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products - completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 05 09 C Insurance Services Office, Inc., 2008 Y%..... Rie%MouganedIl illim REVIEWED &APPROVED BY: Afl &W44o Risk Management Specialist COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTO COVERAGE PLUS ENDORSEMENT This endorsement modifies insurance provided under the following. BUSINESS AUTO COVERAGE FORM GENERAL DESCRIPTION OF COVERAGE — This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part. and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. BLANKET ADDITIONAL INSURED B. EMPLOYEE HIRED AUTO C. EMPLOYEES AS INSURED D. SUPPLEMENTARY PAYMENTS —INCREASED LIMITS E. TRAILERS — INCREASED LOAD CAPACITY F. HIRED AUTO PHYSICAL DAMAGE G. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES — INCREASED LIMIT A. BLANKET ADDITIONAL INSURED The following is added to Paragraph Pct., Who Is An Insured, of SECTION II — COVERED AUTOS LIABILITY COVERAGE Any person or organization who is required under a written contract or agreement between you and that person or organization, that is signed and executed .by .you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, to be named as an addi. tional insured is an "insured" for Covered Autos Liability Coverage, but only for damages to which this Insurance applies and only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Section II B. EMPLOYEE HIRED AUTO The following is added to Paragraph A.1., Who Is An Insured, of SECTION II — COV- ERED AUTOS LIABILITY COVERAGE An "employee" of yours is an "insured" while operating a covered "auto" hired or rented under a contract or agreement in an "em- ployee's" name, with your permission, while H. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT— INCREASED LIMIT 1. WAIVER OF DEDUCTIBLE — GLASS J. PERSONAL PROPERTY K. AIRBAGS L. AUTO LOAN LEASE GAP M. BLANKET WAIVER OF SUBROGATION performing duties related to the conduct of your business. 2. The following replaces Paragraph b. in B.5.. Other Insurance, of SECTION IV — BUSI- NESS AUTO CONDITIONS b. For Hired Auto Physical Damage Cover- age, the following are deemed to be cov- ered "autos" you own: (1) Any covered "auto" you lease, hire, rent or borrow, and (2) Any covered "auto" hired or rented by your "employee" under a contract in an "employee's" name, with your permission, while performing duties related to the conduct of your busi- ness. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". C. EMPLOYEES AS INSURED The following is added to Paragraph A.1., Who Is An Insured, of SECTION 11 — COVERED AUTOS LIABILITY COVERAGE: CA T4 20 02 15 V 2015 The Travelers Indemnity Company AIt rights reserved Includes copyrighted material of Insurance Services Office, Inc with Its permissl Risk MarugnnenE Division Rwevso & Apmovm BY: Aa� Acw•44 Iihk Management Specialist COMMERCIAL AUTO 11] E. F. Any "employee" of yours is an "insured" while us- ing a covered "auto" you don't own, hire or borrow in your business or your personal affairs. SUPPLEMENTARY PAYMENTS —INCREASED LIMITS 1. The following replaces Paragraph A.2.a.(2) of SECTION 11— COVERED AUTOS LIABILITY COVERAGE: (2) Up to $3,000 for cost of bail bonds (in- cluding bonds for related traffic law viola- tions) required because of an "accident" we cover. We do not have to furnish these bonds. 2. The following replaces Paragraph A.2.a.(4) of SECTION 11— COVERED AUTOS LIABILITY COVERAGE: (4) All reasonable expenses incurred by the "Insured" at our request, including actual loss of earnings up to $500 a day be- cause of time off from work. TRAILERS — INCREASED LOAD CAPACITY The following replaces Paragraph C.1. of SEC- TION I — COVERED AUTOS: 1. "Trailers" with a load capacity of 3,000 pounds or less designed primarily for travel on public roads. HIRED AUTO PHYSICAL DAMAGE The following is added to Paragraph AA.. Cover- age Extensions, of SECTION III — PHYSICAL DAMAGE COVERAGE: Hired Auto Physical Damage Coverage If hired "autos" are covered "autos" for Covered Autos Liability. Coverage but not covered "autos" for Physical Damage Coverage, and this policy also provides Physical Damage Coverage for an owned "auto", then the Physical Damage Cover- age is extended to "autos" that you hire, rent or borrow subject to the following: (1) The most we will pay for "loss" to any one "auto" that you hire, rent or borrow is the lesser of: (a) $50,000; (b) The actual cash value of the damaged or stolen property as of the time of the "loss": or (c) The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality. (2) An adjustment for depreciation and physical condition will be made in determining actual cash value in the event of a total "loss". 13) If a repair or replacement results in better than like kind or quality, we will not pay for the amount of betterment. (4) A deductible equal to the highest Physical Damage deductible applicable to any owned covered "auto". (5) This Coverage Extension does not apply to: (a) Any "auto" that Is hired, rented or bor- rowed with a driver; or (b) Any "auto" that is hired, rented or bor- rowed from your "employee". G. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES — INCREASED LIMIT The following replaces the first sentence in Para- graph AA.a., Transportation Expenses, of SECTION III — PHYSICAL DAMAGE COVER- AGE: We will pay up to $50 per day to a maximum of $1,500 for temporary transportation expense In- curred by you because of the total theft of a cov- ered "auto" of the private passenger type. H. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT —INCREASED LIMIT Paragraph CA.b. of SECTION III — PHYSICAL DAMAGE COVERAGE is deleted. 1. WAIVER OF DEDUCTIBLE — GLASS The following is added to Paragraph D., Deducti- ble, of SECTION III — PHYSICAL DAMAGE COVERAGE: No deductible for a covered "auto" will apply to glass damage if the glass is repaired rather than replaced. J. PERSONAL PROPERTY The following is added to Paragraph A.4., Cover- age Extensions, of SECTION III — PHYSICAL DAMAGE COVERAGE: Personal Property Coverage We will pay up to $400 for "loss" to wearing ap- parel and other personal property which is: (1) Owned by an "insured"; and (2) In or on your covered "auto". This coverage only applies in the event of a total theft of your covered "auto". No deductibles apply to Personal Property cover- age. Page 2 of 3 ® 2015 The Travelers Indemnity Company All rights reserved Includes copyrighted material of Insurance Services Office, trio wth its r 00+521 RevIEWED 6 APPRO By: A.fu Accwta Risk Management Spedarat K. AIRBAGS The following is added to Paragraph B.3., Exclu- sions, of SECTION III - PHYSICAL DAMAGE COVERAGE Exclusion 3.a. does not apply to 'loss" to one or more airbags in a covered "auto" you own that in- flate due to a cause other than a cause of "loss" set forth fit Paragraphs A.1.b. and A.t.c., but only: a. If that "auto" is a covered "auto" for Compre- hensive Coverage under this policy, b. The airbags are not covered under any war- ranty; and c. The airbags were not intentionally inflated. We will pay up to a maximum of $1,000 for any one 'loss". L. AUTO LOAN LEASE GAP The following is added to Paragraph A.4., Cover- age Extensions. of SECTION III - PHYSICAL DAMAGE COVERAGE Auto Loan Lease Gap Coverage for Private Passenger Type Vehicles In the event of a total "loss" to a covered "auto" of the private passenger type shown in the Schedule or Declarations for which Physical Damage Cov. erage is provided, we will pay any unpaid amount due on the lease or loan for such covered "auto" less the following (1) The amount paid under the Physical Damage Coverage Section of the policy for that "auto"; and COMMERCIAL AUTO (2) Any. (a) Overdue lease or loan payments at the time of the "loss"; (b) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; (c) Security deposits not returned by the les- sor; (d) Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease: and (e) Carry-over balances from previous loans or leases. M. BLANKET WAIVER OF SUBROGATION The following replaces Paragraph A.5., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV - BUSINESS AUTO CONDI- TIONS: 5. Transfer Of Rights Of Recovery Against Others To Us We waive any right of recovery we may have against any person or organization to the ex- tent required of you by a written contract exe- cuted prior to any "accident" or "loss", pro- vided that the "accident" or "loss" arises out of the operations contemplated by such con- tract. The waiver applies only to the person or organization designated in such contract. CA T4 20 02 15 6 2015 fie Travelers Indemnity Company All rights reserved Includes copyrighted material of Insurance services Office, Inc with Its permiss Risk Marogmrent Division REVIEWED&APPRcrvEDBY: A,.y:r Auaelo ® Risk Managementspecialisl COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TECHNOLOGY XTEND ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART GENERAL DESCRIPTION OF COVERAGE - This endorsement broadens coverage. However. coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to this Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. Reasonable Force Property Damage - Ex- ception To Expected Or Intended Injury Ex- clusion B. Non -Owned Watercraft Less Than 75 Feet C. Aircraft Chartered With Pilot D. Damage To Premises Rented To You E. Increased Supplementary Payments F. Who Is An Insured - Employees And Volun- teer Workers - First Aid G. Who Is An Insured - Employees - Supervi- sory Positions H. Who Is An Insured - Newly Acquired Or Formed Organizations I. Blanket Additional Insured - Owners, Manag- ers Or Lessors Of Premises J. Blanket Additional Insured - Lessors Of Leased Equipment PROVISIONS A. REASONABLE FORCE PROPERTY DAMAGE - EXCEPTION TO EXPECTED OR INTENDED IN- JURY EXCLUSION The following replaces Exclusion a., Expected Or Intended Injury, in Paragraph 2., of SECTION I - COVERAGES - COVERAGE A BODILY IN- JURY AND PROPERTY DAMAGE LIABILITY: a. Expected Or Intended Injury Or Damage "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 rea- sonable force to protect any person or property. K. Blanket Additional Insured - Persons Or Or- ganizations For Your Ongoing Operations As Required By Written Contract Or Agreement L. Blanket Additional Insured - Broad Form Vendors M. Who Is An Insured - Unnamed Subsidiaries N. Who Is An Insured - Liability For Conduct Of Unnamed Partnerships Or Joint Ventures O. Medical Payments - Increased Limits P. Contractual Liability - Railroads Q. Knowledge And Notice Of Occurrence Or Of- fense R. Unintentional Omission S. Blanket Waiver Of Subrogation B. NON -OWNED WATERCRAFT LESS THAN 75 FEET The following replaces Paragraph (2) of Exclusion g., Aircraft, Auto Or Watercraft, in Paragraph 2. of SECTION I - COVERAGES - COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY: (2) A watercraft you do not own that is: (a) Less than 75 feet long: and (b) Not being used to carry any person or property for a charge. C. AIRCRAFT CHARTERED WITH PILOT The following is added to Exclusion g.. Aircraft, Auto Or Watercraft, in Paragraph 2. of SECTION CG D4 17 01 12 02012 The Travelers Indemnity Company All rights reserved. Includes copyrighted material of Insurance Services Office, Inc. with its permissi, 007357 Risk Management DMsion Rwn D & APPROvm Br: �,tsn�; A� Acwa�a �' Risk Management Spedelist I — COVERAGES — COVERAGE A BODILY IN- JURY AND PROPERTY DAMAGE LIABILITY: This exclusion does not apply to an aircraft that is: (a) Chartered with a pilot to any insured; (b) Not owned by any insured; and (c) Not being used to carry any person or prop- erty for a charge. D. DAMAGE TO PREMISES RENTED TO YOU 1. The first paragraph of the exceptions in Ex- clusion J.. Damage To Property, in Para- graph 2. of SECTION I — COVERAGES — COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY is deleted. 2. The following replaces the last paragraph of Paragraph 2., Exclusions. of SECTION I — COVERAGES — COVERAGE A BODILY IN- JURY AND PROPERTY DAMAGE LIABIL- ITY: Exclusions c., g. and h., and Paragraphs (1). (3) and (4) of Exclusion J., do not apply to "premises damage". Exclusion L(1)(a) does not apply to "premises damage" caused by fire unless Exclusion f. of Section I — Cover- age A — Bodily Injury And Property Damage Liability is replaced by another endorsement to this Coverage Part that has Exclusion - All Pollution Injury Or Damage or Total Pollution Exclusion in its title. A separate limit of insur- ance applies to "premises damage" as de- scribed in Paragraph 6. of Section III — Limits Oflnsurance. 3. The following replaces Paragraph 6. of SEC- TION III — LIMITS OF INSURANCE: S. Subject to S. above. the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of "premises damage" to any one premises. The Damage To Premises Rented To You Limit will be: a. The amount shown for the Damage To Premises Rented To You Limit on the Declarations of this Coverage Part; or b. $300,000 if no amount is shown for the Damage To Premises Rented To You Limit on the Declarations of this Coverage Part. 4. the following replaces Paragraph a. of the definition of "insured contract" in the DEFINI- TIONS Section: a. A contract for a lease of premises. How- ever, that portion of the contract for a lease of premises that indemnifies any person or organization for "premises damage" is not an "Insured contracr; 5. The following is added to the DEFINITIONS Section: "Premises damage" means "property dam- age" to: a. Any premises while rented to you or tem- porarily occupied by you with permission of the owner, or b. The contents of any premises while such premises is rented to you, if you rent such premises for a period of seven or fewer consecutive days. 6. The following replaces Paragraph 4.b.(1)(b) of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: (b) That is insurance for "premises damage"; or 7. Paragraph 4.b.(1)(c) of SECTION IV — COMMERCIAL GENERAL LIABILITY COW DITIONS is deleted. E. INCREASED SUPPLEMENTARY PAYMENTS 1. The following replaces Paragraph 1.b. of SUPPLEMENTARY PAYMENTS — COVER- AGES A AND B of SECTION I — COVER- AGES: b. Up to $2,500 for cost of bail bonds re- quired 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 fur- nish these bonds. 2. The following replaces Paragraph 1.d. of SUPPLEMENTARY PAYMENTS — COVER- AGES A AND B of SECTION I — COVER- AGES: 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. Page 2 of 6 02012 The Travelers Indemnity Company. All rights reserved. RskmougementDbdslon Includes copynghted material of Insurance Services Office. Inc. with its permisslo� RbroiE &ArnR mBr. ` Risk Management Spi,ud,g F. WHO IS AN INSURED - EMPLOYEES AND VOLUNTEER WORKERS - FIRST AID 1. The following is added to the definition of "oc- currence" in the DEFINITIONS Section: Unless you are in the business or occupation of providing professional health care services, "occurrence" also means an act or omission committed by any of your "employees" or "volunteer workers", other than an employed or volunteer doctor, in providing or failing to provide first aid or "Good Samaritan services" to a person. 2. The following is added to Paragraph 2.a•(1) of SECTION II -WHO IS AN INSURED: Unless you are in the business or occupation of providing professional health care services, Paragraphs (1 xa), (b), (c) and (d) above do not apply to "bodily injury' arising out of pro- viding or failing to provide first aid or "Good Samaritan services" by any of your "employ- ees" or "volunteer workers", other than an employed or volunteer doctor. Any of your "employees" or "volunteer workers" providing or failing to provide first aid or "Good Samari- tan services" during their work hours for you will be deemed to be acting within the scope of their employment by you or performing du- ties related to the conduct of your business. 3. The following is added to Paragraph S. of SECTION III - LIMITS OF INSURANCE: For the purposes of determining the applica- ble Each Occurrence Limit all related acts or omissions committed by any of your "employ- ees" or "volunteer workers" in providing or fading to provide first aid or "Good Samaritan services" to any one person will be deemed to be one "occurrence". 4. The following is added to the DEFINITIONS Section: "Good Samaritan services" means any emer- gency medical services for which no compen- sation is demanded or received. G. WHO IS AN INSURED - EMPLOYEES - SU- PERVISORY POSITIONS The following is added to Paragraph 2.a.0) of SECTION II - WHO IS AN INSURED: Paragraphs (1)(a), (b) and (c) above do not apply to "bodily injury' or "personal injury" to a co - "employee" in the course of the co -"employee's" employment by you arising out of work by any of COMMERCIAL GENERAL LIABILITY your "employees" who hold a supervisory post tion. H. WHO IS AN INSURED - NEWLY ACQUIRED OR FORMED ORGANIZATIONS The following replaces Paragraph 4. of SECTION II - WHO IS AN INSURED of the Commercial General Liability Coverage Form, and Paragraph 3. of SECTION 11 - WHO IS AN INSURED of the Global Companion Commercial General Liability Coverage Form, to the extent such coverage forms are part of your policy: Any organization you newly acquire or form, other than a partnership or joint venture, of which you are the sole owner or in which you maintain the majority ownership interest, will qualify as a Named Insured if there is no other insurance which provides similar coverage to that organiza- tion. However: a. Coverage under this provision is afforded only. (1) Until the 190th day after you acquire or form the organization or the end of the policy period, whichever is earlier, if you do not report such organization in writing to us within 180 days after you acquire or form it: or (2) Until the end of the policy period, when that date is later than 180 days after you acquire or form such organization, if you report such organization in writing to us within 160 days after you acquire or form it, and we agree in writing that it will con- tinue to be a Named Insured until the end of the policy period; b. Coverage A does not apply to "bodily injury' or "property damage" that occurred before you acquired or formed the organization: and c. Coverage B does not apply to "personal in- jury" or "advertising injury" arising out of an offense committed before you acquired or formed the organization. I. BLANKET ADDITIONAL INSURED - OWNERS, MANAGERS OR LESSORS OF PREMISES The following is added to SECTION II - WHO IS AN INSURED: Any person or organization that is a premises owner, manager or lessor is an insured, but only with respect to liability arising out of the owner- ship, maintenance or use of that part of any prem- ises leased to you. The insurance provided to such premises owner, manager or lessor does not apply to: CG D4 17 01 12 02012 The Travelers Indemnity Company All rights reserved. Includes copyrighted material of Insurance Servkes Office. Inc. with its p Ca se REVIEWm & AFPROVEO BY: A. fe Aewea(e Rhk Management Specialist COMMERCIAL GENERAL LIABILITY a. Any "bodily injury" or "property damage" caused by an "occurrence" that takes place, or "personal injury" or "advertising injury' caused by an offense that is committed, after you cease to be a tenant in that premises; or b. Structural alterations, new construction or demolition operations performed by or on be- half of such premises owner, manager or les- sor. J. BLANKET ADDITIONAL INSURED — LESSORS OF LEASED EQUIPMENT The following is added to SECTION 11 — WHO IS AN INSURED: Any person or organization that is an equipment lessor is an insured, but only with respect to liabil- ity for "bodily injury, "property damage", "per- sonal injury or "advertising injury' caused, In whole or in part, by your acts or omissions in the maintenance, operation or use by you of equip- ment leased to you by such equipment lessor. The insurance provided to such equipment lessor does not apply to any "bodily injury or "property damage" caused by an "occurrence" that takes place, or "personal injury or "advertising injury' caused by an offense that is committed, after the equipment lease expires. K. BLANKET ADDITIONAL INSURED — PERSONS OR ORGANIZATIONS FOR YOUR ONGOING OPERATIONS AS REQUIRED BY WRITTEN CONTRACT OR AGREEMENT The following is added to SECTION 11 — WHO IS AN INSURED: Any person or organization that is not otherwise an insured under this Coverage Part and that you have agreed in a written contract or agreement to include as an additional insured on this Coverage Part is an insured, but only with respect to liability for "bodily injury or "property damage" that: a. Is caused by an "occurrence" that takes place after you have signed and executed that con- tract or agreement; and b. Is caused, in whole or in part by your acts or omissions in the performance of your ongoing operations to which that contract or agree- ment applies or the acts or omissions of any person or organization performing such op- erations on your behalf. The limits of insurance provided to such insured will be the limits which you agreed to provide in the written contract or agreement, or the limits shown in the Declarations. whichever are less. L. BLANKET ADDITIONAL INSURED — BROAD FORM VENDORS The following is added to SECTION 11 — WHO IS AN INSURED: Any person or organization that is a vendor and that you have agreed in a written contract or agreement to include as an additional insured on this Coverage Part is an insured, but only with re- spect to liability for "bodily injury or "property damage" that: a. Is caused by an "occurrence" that takes place after you have signed and executed that con- tract or agreement; and b. Arises out of "your products" which are dis- tributed or sold in the regular course of such vendor's business. The insurance provided to such vendor is subject to the following provisions: a. The limits of insurance provided to such ven- dor will be the limits which you agreed to pro- vide in the written contract or agreement, or the limits shown in the Declarations, which- ever are less. b. The insurance provided to such vendor does not apply to (1) Any express warranty not authorized by you; (2) Any change in "your products" made by such vendor; (3) Repackaging, unless 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; (4) Any failure to make such inspections, ad- justments, tests or servicing as vendors agree to perform or normally undertake to perform in the regular course of business, in connection with the distribution or sale of "your products"; (5) Demonstration, installation, servicing or repair operations, except such operations performed at such vendor's premises in connection with the sale of "your prod- ucts": or (6) "Your products" which, after distribution or sale by you, have been labeled or re- labeled or used as a container, part or in- gredient of any other thing or substance by or on behalf of such vendor. Page 4 of 6 02012 The Travelers Indemnity Company AN rights reserved. Includes copyrighted material of Insurance Services Office, Inc. with its permissioi .I' �e4 10ekMmugemadDWron RE D6APPRMMBr. Risk Management Specialist Coverage under this provision does not apply to: a. Any person or organization from whom you have acquired "your products", or any ingre- dient, part or container entering into, accom- panying or containing such products; or b. Any vendor for which coverage as an addi- tional insured specifically is scheduled by en- dorsement. M. WHO IS AN INSURED — UNNAMED SUBSIDI- ARIES The following is added to SECTION II — WHO IS AN INSURED: Any of your subsidiaries, other than a partnership or pint venture, that is not shown as a Named In- sured in the Declarations is a Named Insured if: a. You maintain an ownership interest of more than 50% in such subsidiary on the first day of the policy period; and b. Such subsidiary is not an insured under simi- lar other insurance. No such subsidiary is an insured for "bodily injury' or "property damage" that occurred, or 'personal injury' or "advertising injury' caused by an of- fense committed: a. Before you maintained an ownership interest of more than 50% in such subsidiary; or b. After the date, if any, during the policy period that you no longer maintain an ownership in- terest of more than 50% in such subsidiary. N. WHO IS AN INSURED — LIABILITY FOR CON- DUCT OF UNNAMED PARTNERSHIPS OR JOINT VENTURES The following replaces the last paragraph of SECTION 11— WHO IS AN INSURED: No person or organization is an insured with re- spect to the conduct of any current or past part- nership or pint venture that is not shown as a Named Insured in the Declarations. This para- graph does not apply to any such partnership or joint venture that otherwise qualifies as an in- sured under Section 11— Who Is An Insured. O. MEDICAL PAYMENTS — INCREASED LIMITS The following replaces Paragraph 7. of SECTION III — LIMITS OF INSURANCE: 7. Subject to S. above, the Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of "bodily injury" sustained by any one person, and will be the higher of: (a) $10.000: or COMMERCIAL GENERAL LIABILITY (b) The amount shown on the Declarations of this Coverage Part for Medical Expense Limit. P. CONTRACTUAL LIABILITY — RAILROADS 1. The following replaces Paragraph c. of the definition of "insured contract" in the DEFINI- TIONS Section: c. Any easement or license agreement; 2. Paragraph L(1) of the definition of "insured contract' in the DEFINITIONS Section is de. leted. Q. KNOWLEDGE AND NOTICE OF OCCUR- RENCE OR OFFENSE The following is added to Paragraph 2., Duties In The Event of Occurrence, Offense, Claim or Suit, of SECTION IV — COMMERCIAL GEN- ERAL LIABILITY CONDITIONS: e. The following provisions apply to Paragraph a. above, but only for the purposes of the in- surance provided under this Coverage Part to you or any insured listed in Paragraph 1. or 2. of Section If — Who Is An Insured: (1) Notice to us of such "occurrence" or of- fense must be given as soon as practica- ble only after the "occurrence" or offense is known to you (if you are an individuaq, any of your partners or members who is an individual (d you are a partnership or joint venture), any of your managers who is an individual (if you are a limited liability company), any of your trustees who is an individual (if you are a trust), any of your "executive officers" or directors (if you are an organization other than a partnership, joint venture, limited liability company or trust) or any "employee" authorized by you to give notice of an "occurrence° or offense. (2) If you are a partnership, joint venture, lim- ited liability company or trust, and none of your partners, pint venture members, managers or trustees are individuals, no- tice to us of such "occurrence" or offense must be given as soon as practicable only after the "occurrence" or offense is known by. (a) Any individual who is: (i) A partner or member of any part- nership or pint venture; (if) A manager of any limited liability company; CG D4 17 01 12 O 2012 The Travelers Indemnity Company. All rights reserved. Includes copyrighted material of Insurance Services Office. Inc. with its p 001359 Re iE & Apmovm BY: A+.0 (Ica44 Risk Management Speuiest COMMERCIAL GENERAL LIABILITY (ill) A trustee of any trust; or (Iv) An executive officer or director of any other organization; that is your partner, joint venture member, manager or trustee; or (b) Any "employee" authorized by such partnership, joint venture, limited li- ability company, trust or other organi- zation to give notice of an "occur- rence" or offense. (3) Notice to us of such "occurrence" or of- fense will be deemed to be given as soon as practicable if it is given in good faith as soon as practicable to your workers' compensation insurer. This applies only if you subsequently give notice to us of the "occurrence" or offense as soon as prac- ticable after any of the persons described in Paragraphs e. (1) or (2) above discov- ers that the "occurrence" or offense may result in sums to which the insurance provided under this Coverage Part may apply. However, if this policy includes an endorse- ment that provides limited coverage for "bod- ily injury' or "property damage" or pollution costs arising out of a discharge, release or escape of "pollutants" which contains a re- quirement that the discharge, release or es- cape of "pollutants" must be reported to us within a specific number of days after its abrupt commencement, this Paragraph e. does not affect that requirement. R. UNINTENTIONAL OMISSION The following is added to Paragraph 6., Repre- sentations, of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: The unintentional omission of, or unintentional er- ror in, any information provided by you which we relied upon in issuing this policy will not prejudice your rights under this insurance. However, this provision does not affect our right to collect addi- tional premium or to exercise our rights of cancel- lation or nonrenewal in accordance with applica- ble insurance laws or regulations. S. BLANKET WAIVER OF SUBROGATION The following is added to Paragraph S., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV — COMMERCIAL GENERAL LI- ABILITY CONDITIONS: If the insured has agreed in a contract or agree- ment to waive that insured's right of recovery against any person or organization, we waive our right of recovery against such person or organiza- tion, but only for payments we make because of. a. "Bodily Injury' or "property damage" caused by an "occurrence" that takes place; or b. "Personal injury' or "advertising injury' caused by an offense that is committed; subsequent to the execution of the contract or agreement. Page 6 of 6 C 2012 The Travelers Indemnity Company. All rights reserved. Includes copyrighted material of Insurance Services Office, Inc. with its perm,ssiot RinleMaugemmtDtxeton ',. .I eR�ner�o6 Araaom vBy. t , A--p A&144 momRisk Management spedalist Ejhjubmmz!tjhofe!cz!Upsj! Qjfstpo! Upsj!Qjfstpo Ebuf;!3133/18/23! 23;48;36!.18(11( 1703:03133 Nbsti!Bggjojuz 911.854.9241 Nbsti!Bggjojuz b!ejwjtjpo!pg!Nbsti!VTB!Jod/ BEQUpubmTpvsdfAnbsti/dpn QP!Cpy!25515 Eft!Npjoft-!JB!61417.:797 BJV!Jotvsbodf!Dpnqboz2:4:: BEQ!UpubmTpvsdf!EF!JW-!Jod/ 6911!Xjoexbse!Qbslxbz Bmqibsfuub-!HB!41116 M0D0G; Jogjojuz!Dpnnvojdbujpot!'!Dpotvmujoh!Jod 5:1:!Dbmmpxbz!Es!TUF!213 Cblfstgjfme-!DB!:4423 Y 3-111-111 18012031331801203134 XD!1645286:4!DB B 3-111-111 3-111-111 Bmm!xpsltjuf!fnqmpzfft!xpsljoh!gps!Jogjojuz!Dpnnvojdbujpot!'!Dpotvmujoh!Jod!qbje!voefs!BEQ UPUBMTPVSDF-!JOD/(t!qbzspmm-!bsf!dpwfsfe!voefs!uif!bcpwf!tubufe!qpmjdz/ Djuz!pg!Tboub!Bob 31!Djwjd!Dfoufs!Qmb{b-!5ui!Gmpps Tboub!Bob-!DB!:3813 NOTICE OF COMPLIANCE CITY STAFF: PRINT THIS PAGE AND INCLUDE WITH AGREEMENT TO THE CLERK OF THE COUNCIL Contractor Infinity Communications & Consulting, Inc. Name: Project N-2019-187-04 Number: Second Amendment To Agreement With Infinity Project Communications And Consulting, Inc. For E-Rate Program Name: Compliance Services 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: POLICY EXPIRATION TYPE OF INSURANCE COI DATE FILE NAME NUMBER DATE Santa Ana AUTOMOBILE LIABILITY BA9N27639721 10/24/2022 08/22/2022 COI.pdf Santa Ana GENERAL LIABILITY 680001J742131 02/17/2023 08/22/2022 COI.pdf WORKERS COMPENSATION AND WC WC053417593CA 07/01/2023 06/29/2022 EMPLOYERS' LIABILITY Insurance.pdf Thank you, City of Santa Ana Risk Management Division in partnership with CTrax Plus Services Team 9/6/2022 1:06 PM NOTICE OF COMPLIANCE CITY STAFF: PRINT THIS PAGE AND INCLUDE WITH AGREEMENT TO THE CLERK OF THE COUNCIL Contractor Infinity Communications & Consulting, Inc. Name: Project N-2019-187-04 Number: Second Amendment To Agreement With Infinity Project Communications And Consulting, Inc. For E-Rate Program Name: Compliance Services 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: TYPE OF POLICY EXPIRATICOI FILE NAME INSURANCE NUMBER ON DATE DATE AUTOMOBILBA9N276397208/22/20 10/24/2023 certificate.pdf E LIABILITY 2 22 GENERAL 680001J7421302/14/20 02/17/2024 city of santa ana COI.pdf LIABILITY 1 23 WORKERS COMPENSATI WC03427501406/28/20ADP_TS_COI_Standard_WC_Acord_25_1418 ON AND 07/01/2024 TX 23 64869.pdf EMPLOYERS' LIABILITY Thank you, City of Santa Ana Risk Management Division in partnership with CTrax Plus Services Team 8/7/2023 3:26 PM NOTICE OF COMPLIANCE CITY STAFF: PRINT THIS PAGE AND INCLUDE WITH AGREEMENT TO THE CLERK OF THE COUNCIL Contractor Infinity Communications & Consulting, Inc. Name: Project N-2019-187-04 Number: Second Amendment To Agreement With Infinity Project Communications And Consulting, Inc. For E-Rate Program Name: Compliance Services 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: TYPE OF POLICY EXPIRATICOI FILE NAME INSURANCE NUMBER ON DATE DATE AUTOMOBIL10/17/20 BA9N276397 10/24/2024 Santa Ana COI.pdf E LIABILITY 23 GENERAL 680001J7421302/14/20 02/17/2024 city of santa ana COI.pdf LIABILITY 1 23 WORKERS COMPENSATI WC03427501406/28/20ADP_TS_COI_Standard_WC_Acord_25_1418 ON AND 07/01/2024 TX 23 64869.pdf EMPLOYERS' LIABILITY Thank you, City of Santa Ana Risk Management Division in partnership with CTrax Plus Services Team 10/23/2023 11:22 AM NOTICE OF COMPLIANCE CITY STAFF: PRINT THIS PAGE AND INCLUDE WITH AGREEMENT TO THE CLERK OF THE COUNCIL Contractor Infinity Communications & Consulting, Inc. Name: Project N-2019-187-04 Number: Second Amendment To Agreement With Infinity Project Communications And Consulting, Inc. For E-Rate Program Name: Compliance Services The Certificate of Insurance (COI) submitted indicates that the coverages comply with the insurance requirements. The compliant coverage(s) are: TYPE OF POLICY EXPIRATICOI FILE NAME INSURANCE NUMBER ON DATE DATE AUTOMOBIL10/17/20 BA9N276397 10/24/2024 Santa Ana COI.pdf E LIABILITY 23 GENERAL 02/07/20 6801J742131 02/17/2025 certificate - infinity.pdf LIABILITY 24 WORKERS COMPENSATI WC03427501406/28/20ADP_TS_COI_Standard_WC_Acord_25_1418 ON AND 07/01/2024 TX 23 64869.pdf EMPLOYERS' LIABILITY No further action is required at this time. Thank you, City of Santa Ana Risk Management Division in partnership with CTrax Plus Services Team 2/8/2024 2:36 PM