HomeMy WebLinkAboutFOCUS MEDIA GROUP, INC.IN VANCI ONkILr A-2023-048
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AGREEMENT BETWEEN THE CITY OF SANTA ANA AND
FOCUS MEDIA GROUP, INC. FOR THE
MAINTENANCE OF BUS SHELTERS AND OTHER STREET FURNITURE
C�(�S k AThis Agreement is made and entered into this 1st day of April 2023 by and between Focus Media Group,
Inc., an Oklahoma corporation, ("Company"), 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 Company may at times be referred to individually as a "Party," and collectively as "Parties".
RECITALS
A. The City desires to retain a company having special skill and knowledge to provide additional
janitorial services to bus shelters, bus benches and kiosks.
B.' The City is authorized to enter into agreements for the operation, janitorial service and
maintenance of bus shelters, bus benches, and kiosks and otherwise regulate the use and
encroachments into the public -right-of-way within the City's boundaries by virtue of its Charter,
by its police powers, by its authority over its public rights of way and by other City powers and
authority.
C. Company represents that Company is able and willing to provide such services to the City and that
it has the financial, legal and technical ability to provide the services, facilities and equipment as
set forth in this Agreement.
D. On January 18, 2022, the Parties entered into Agreement No. A-2022-010 for the installation,
maintenance, repair and advertising of bus shelters, bus benches and kiosks.
E. The City has determined that additional janitorial services to bus shelters, bus benches and kiosks
over and above the existing weekly services are required to maintain the City's bus shelters and
adjacent public right-of-way clean and safe.
F. The services contemplated under this Agreement are for new and different janitorial services that
were not originally contemplated in Agreement No. A-2022-010 and are necessary in the short
term.
G. The Parties wish to enter into an arrangement for these new janitorial services to ensure that all
City bus stops are clean, do not pose a health and safety risk and preserve rider comfort, and
convenience
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms
and conditions hereinafter set forth, the Parties agree as follows:
1. SCOPE OF SERVICES
During the Term of this Agreement, Company shall perform the tasks and obligations including
all labor, materials, tools, equipment, and incidental customary work required to fully and adequately
complete the services described and set forth in the Exhibit A, attached hereto and incorporated herein by
this reference. The terms "Street Furniture and "Site Area" shall have the same meaning as in Agreement
No. A-2022-010. The Parties acknowledge that the Scope of Services for this Agreement shall be limited
to Street Furniture located within a bus stop "Site Area" with the exception of kiosks and outdoor
advertising displays (both static and digital) that may be located within and/or outside a bus stop Site Area.
2. COMPENSATION
City agrees to pay, and Company agrees to accept as total payment for its services for City, the
rates and charges identified in Exhibit A. The total amount to be expended during the term of this
Agreement shall not exceed $250,000.
3. TERM
This Agreement shall corrunence on the date first written above for a two (2) year term, unless
terminated earlier in accordance with Section 17, below.
4. LICENSE
The City hereby grants to Company a license for the right to enter and use the Street Furniture
beginning on the Effective Date, for the performance of the Scope of Services, upon the terms and
conditions set forth herein in this Agreement, subject to Company's performance of all of its obligations
under this Agreement. This Agreement is intended and shall be construed only as a revocable license to
use the properties and not as a lease or grant of any possessory or other interest.
Company shall not use, and shall prohibit its Agents or Invitees from using, the Property other than
performing the Scope of Services identified in Exhibit A. The term "Agents" shall mean Company's
officers, directors, members, agents, employees, invitees, subcontractors and any employees of such
parties. The term "Invitees" shall mean Company's invitees, guests, customers, tenants, or business
visitors.
5. PREVAILING WAGES
If required by law, Company shall satisfy the requirements of California Labor Code Section 1720,
et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section t6000, et seq.,
("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of
other requirements on "public works" and "maintenance" projects. Company shall defend, indemnify and
hold the City, its elected officials, officers, employees and agents free and harmless from any claim or
liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws if so
required.
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6. INDEPENDENT CONTRACTOR
Company shall, during the entire term of this Agreement, be construed to be an independent
Company and not an employee of the City. This Agreement is not intended nor shall it be construed to
create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise
discretion or control over the professional manner in which Company performs the services which are the
subject matter of this Agreement; however, the services to be provided by Company shall be provided in
a manner consistent with all applicable standards and regulations governing such services. Company shall
pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes
relating to employees and shall be responsible for all applicable withholding taxes.
7. OWNERSHIP OF MATERIALS
This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse,
or sublicense any and all copyrights, designs, and other intellectual property embodied in plans,
specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any
tangible medium of expression, including but not limited to, physical drawings or data magnetically or
otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Company under
this Agreement ("Documents & Data"). Company shall require all subcontractors to agree in writing that
City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor
prepares under this Agreement. Company represents and warrants that Company has the legal right to
license any and all Documents & Data. Company makes no such representation and warranty in regard
to Documents & Data which were provided to Company by the City. City shall not be limited in any way
in its use of the Documents and Data at any time, provided that any such use not within the purposes
intended by this Agreement shall be at City's sole risk.
8. INSURANCE
Company shall procure and maintain for the duration of the contract insurance against claims
for injuries to persons or damages to property which may arise from or in connection with the
performance of the work hereunder and the results of that work by the Company, his agents,
representatives, employees or subcontractors.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 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 general
aggregate limit applies, either the general aggregate limit shall apply separately to this project/location
(ISO CG 25 03 or 25 04) or the generalaggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Company has
no owned autos, hired, (Code 8) and non -owned autos (Code 9), with limit no less than $1,000,000
per accident for bodily injury and property damage.
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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.
If the Company 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
Company. Any available insurance proceeds in excess of the specified minimum limits of insurance and
coverage shall be available to the City.
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
Additional Insured Status
The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the
CGL policy with respect to liability arising out of work or operations performed by or on behalf of the
Company 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 Company'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).
Primary Coverage
For any claims related to this contract, the Company'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 Company's insurance and shall not contribute with it.
Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except with notice
to the City.
Waiver of Subrogation
Company hereby grants to City a waiver of any right to subrogation which any insurer of said Company
may acquire against the City by virtue of the payment of any loss under such insurance. Company agrees
to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision
applies regardless of whether or not the City has received a waiver of subrogation endorsement from the
insurer.
Self -Insured Retentions
Self -insured retentions must be declared to and approved by the City. The City may require theCompany
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.
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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 A:VII, unless otherwise acceptable to the City.
Claims Made Policies (note — should be applicable only to professional liability, see below)
If any of the required policies provide claims -made coverage:
1. The Retroactive Date must be shown, and must be before the date of the contract or the beginning of
contract work.
2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years
after completion of the contract of work.
3. If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with
a Retroactive Date prior to the contract effective date, the Company must purchase "extended
reporting" coverage for a minimum of five (5) years after completion of work.
Verification of Coverage
Company 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 Company'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.
Special Risks or Circumstances
City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior
experience, insurer, coverage, or other special circumstances.
9. INDEMNIFICATION
Company agrees to defend, and shall indemnify and hold harmless the City, its officers, agents,
employees, contractors, special counsel, and representatives from liability: (1) for personal injury,
damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal
injury, including death, and claims for property damage, which may arise from the negligent operations
of the Company, its subcontractors, agents, employees, or other persons acting on its behalf which relates
to the services described in section 1 of this Agreement; and (2) from any claim that personal injury,
damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or
effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for
damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been
suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising
from this Agreement. The Company further agrees to indemnify, hold harmless, and pay all costs for the
defense of the City, including fees and costs for special counsel to be selected by the City, regarding any
action by a third party challenging the validity of this Agreement, or asserting that personal injury,
damages,just compensation, restitution, judicial or equitable relief due to personal or property rights arises
by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions
with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent
G
Company's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the
extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the
negligence, recklessness, or willful misconduct of the Company.
10. INTELLECTUAL PROPERTY INDEMNIFICATION
Company shall defend and indemnify the City, its officers, agents, representatives, and employees
against any and all liability, including costs, for infringement of any United States' letters patent,
trademark, or copyright infringement, including costs, contained in the work product or documents
provided by Company to the City pursuant to this Agreement.
11. RECORDS
Company shall keep records and invoices in connection with the work to be performed under this
Agreement. Company shall maintain complete and accurate records with respect to the costs incurred
under this Agreement and any services, expenditures, and disbursements charged to the City for a
minimum period of three (3) years, or for any longer period required by law, from the date of final payment
to Company under this Agreement. All such records and invoices shall be clearly identifiable. Company
shall allow a representative of the City to examine, audit, and make transcripts or copies of such records
and any other documents created pursuant to this Agreement during regular business hours. Company
shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement
for a period of three (3) years from the date of final payment to Company under this Agreement.
12. CONFIDENTIALITY
If Company receives from the City information which due to the nature of such information is
reasonably understood to be confidential and/or proprietary, Company agrees that it shall not use or
disclose such information except in the performance of this Agreement, and further agrees to exercise the
same degree of care it uses to protect its own information of like importance, but in no event less than
reasonable care. "Confidential Information" shall include all nonpublic information. Confidential
information includes not only written information, but also information transferred orally, visually,
electronically, or by other means. Confidential .information disclosed to either party by any subsidiary
and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and
nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources;
(b) is, through no fault of the Company disclosed in a publicly available source; (c) is in rightful possession
of the Company without an obligation of confidentiality; (d) is required to be disclosed by operation of
law; or (e) is independently developed by the Company without reference to information disclosed by the
City.
13. CONFLICT OF INTEREST CLAUSE
Company covenants that it presently has no interests and shall not have interests, direct or indirect,
which would conflict in any manner with performance of services specified under this Agreement.
6
14. NON-DISCRIMINATION
Company shall not discriminate because of race, color, creed, religion, sex, marital status, sexual
orientation, gender identity, gender expression, gender, medical conditions, genetic information, or
military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by
applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other
employment related activities or any services provided under this Agreement. Provider affirms that it is
an equal opportunity employer and shall comply with all applicable federal, state and local laws and
regulations.
15. EXCLUSIVITY AND AMENDMENT
This Agreement may not be modified except by written instrument signed by the City Manager or
their designee and by an authorized representative of Company. The parties agree that any terms or
conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms
and conditions hereof, shall not bind or obligate Company or the City. Each party to this Agreement
acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have
been made by any party, or anyone acting on behalf of any party, which is not embodied herein.
16. ASSIGNMENT
City and Company acknowledge that Company was chosen for this Agreement due in part to its
particular experience and expertise in the provision of bus shelters, bus stops and kiosks. Inasmuch as this
Agreement is intended to secure the specialized services of Company, Company may not assign, transfer,
delegate, or subcontract any interest herein without the prior written consent of the City and any such
assignment, transfer, delegation or subcontract, without the City's prior written consent, shall be
considered null and void.
Nothing in this Agreement shall be construed to limit the City's ability to have any of the services
which are the subject to this Agreement performed by City personnel or by other companies retained by
City.
17. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of termination.
In such event, Company shall be entitled to receive and the City shall pay Company compensation for all
services performed by Company prior to receipt of such notice of termination, subject to the following
conditions:
a. As a condition of such payment, the Executive Director may require Company to deliver
to the City all work product(s) completed as of such date, and in such case such work
product shall be the property of the City unless prohibited by law, and Company consents
to the City's use thereof for such purposes as the City deems appropriate.
b. Payment need not be made for work which fails to meet the standard of performance
specified in the Recitals of this Agreement.
18. WAIVER
No waiver of breach, failure of any condition, or any right or remedy contained in or granted by
the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving
the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed
a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver
constitute a continuing waiver unless the writing so specifies.
19. JURISDICTION - VENUE
This Agreement has been executed and delivered in the State of California and the validity, interpretation,
performance, and enforcement of any of the clauses of this Agreement shall be determined and governed
by the laws of the State of California. Both parties further agree that Orange County, California, shall be
the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason
of this Agreement.
20. PROFESSIONAL LICENSES
Company shall, throughout the term of this Agreement, maintain all necessary licenses, permits,
approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by
the laws and regulations of the United States, the State of California, the City of Santa Ana and all other
governmental agencies. Company shall notify the City immediately and in writing of its inability to obtain
or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for
termination of this Agreement.
21. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be
in writing and shall be deemed to be properly given if delivered in person or mailed by first class or
certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided
in this Section, to the following persons:
To City:
Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
Fax: 714- 647-6956
With courtesy copies to:
Executive Director, Public Works
City Attorney
Agency
City of Santa Ana
City of Santa Ana
20 Civic Center Plaza (M-29)
20 Civic Center Plaza (M-21)
P.O. Box 1988
P.O. Box 1988
Santa Ana, California 92702
Santa Ana, California 92702
Fax: 714- 647-6515
Fax: 714- 647-5635
To Company:
Michael Culver, President
Focus Media Group, Inc.
2271 W Malvern Ave., Suite 407
Fullerton, CA 92833
Fax:(714) 459-7234
A party may change its address by giving notice in writing to the other party. Thereafter, any
communication shall be addressed and transmitted to the new address. If sent by mail, communication
shall be effective or deemed to have been given three (3) days after it has been deposited in the United
States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by
fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time
set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth
above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays
shall be excluded.
22. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature herein below has the power,
authority and right to bind their respective parties to each of the terms of this Agreement,
and shall indemnify City fully, including reasonable costs and attorney's fees, for any
injuries or damages to City in the event that such authority or power is not, in fact, held by
the signatory or is withdrawn.
b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth
in the body of this Agreement.
[Signatures on the following page]
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above
written.
ATTEST:
Je er all
I_\».ZI]�L1117:7.�1] III.
SONIA R. CARVALHO
City Attorney
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By: � "l
Jose Montoya
Assistant City Attorney
RECOMMENDED FOR APPROVAL
Nabil Saba
Executive Director
Public Works Agency
CITY OF SANTA ANA
S-�I
Kristne idge�
City Manager
,KI]u 17110rig
Michael Culver
President/CEO
10
EXHIBIT A
SCOPE OF SERVICES
The Scope of Services is to provide janitorial services of Street Furniture located within the
boundaries of the City of Santa Ana.
Comprehensive Service Program
Upon signing the Agreement, Company shall implement a comprehensive service program
which shall consist of janitorial services at specified City bus stops. Specified bus stops shall be
serviced two (2) days per week.
Maintenance Service Costs
Bus stops shall be serviced at the rate of $6.60 per visit. Bus stops shall be serviced at a not -to -
exceed total annual cost of $125,000 per year or $31,250 for each quarter. The annual and
quarterly costs were calculated by multiplying the number of specified bus stops by the $6.60
cost per visit. Company shall bill the City on a monthly basis after services are performed.
Invoices shall include the bus stop number, the date the bus stop was serviced, and the services
performed.
Specified Bus Stops
Up to one -hundred and eighty-two (182) bus stops shall be serviced. Company shall
recommend, and City, at its sole discretion, shall approve the list of bus stops prior to
service implementation, and any subsequent modification. Said stops shall be serviced
two (2) days per week, one (1) of which shall be a weekend day.
Safety
Company shall be solely responsible for employing appropriate safety measures
and taking all other actions reasonably necessary to protect the life, health, and
safety of the public when it has notice of potential safety hazards that exist at the
Site Areas that are subject to this Agreement.
Janitorial Services (Cleaning)
a. The Company shalt furnish all labor, materials, water, equipment, clean-up,
disposal, and services required to perform the services set forth herein.
b. Company shall be responsible for perforiming the following cleaning activities
with each visit to the Site Area:
1. At each Site Area, the Company shall unlock and open trash container.
Empty and replace the trash bag in each trash receptacle and properly
dispose of all debris, trash, and other associated undesirable items from the
Site Area and dispose of such legally and properly, to the City's
satisfaction, and if needed, clean the affected area to eliminate any
remaining residue. Close and lock trash containers.
2. Cleaning all interior and exterior visible metal and concrete surfaces at
each location, including all plexiglass surfaces, trash cans, trash can
covers and entire benches with disinfecting cleaners (approved by the
Environmental Protection Agency for its effectiveness against COVID-
19). The Company shall clean the entire Site Area (including but not
limited to bus furniture, kiosks, shelter structure, trash receptacles, posts
and signs).
3. Clean by sweeping all Site Area (e.g. sidewalk/boarding area, etc.) and
remove all litter (including cigarette butts), waste material, debris, etc.
4. Remove stickers, decals, tape and gum from Site Area and from concrete
pads and sidewalks.
5. Cleaning solar panels to remove dust and grime build up (no pressure
washing), cleaning the LED display and cleaning the aluminum case.
mySantaAna App
Communication regarding maintenance or cleaning requests of the bus stops shall
be handled through the City's computerized work order management system,
whether presently known as the "mySantaAna" app (the "City App") or
otherwise in the future. Company personnel shall use handheld devices such as
smartphones or tablets to receive, respond to, and close maintenance requests
through the City App. Company shall respond within twenty-four (24) hours to
any maintenance or service requests that are received through the City App or
otherwise.
Hours of Operation
To preserve peace and quiet, hours for cleaning bus stops are between 3:00 a.m. and
9:00 p.m. Monday through Friday and between 5:00 a.m. and 9:00 p.m. on Saturday
and Sunday.
If complaints are received from residential units, which are at least one hundred (100)
feet away from service locations, the Executive Director may direct that services shall
be performed between the hours of 7:00 a.m. and 6:00 p.m. Company may not make
exceptions to these service days and times without advance written approval from the
City.
2
Traffic Control
Traffic control shall be provided by Company to ensure that no personnel,
equipment, and/or vehicles block lanes without proper warning signs and all
required safety measures when performing services under this Agreement.
Reporting
a. Company shall provide quarterly reports within thirty (30) days from the
end of each calendar quarter. Each report shall detail the Janitorial Services
Cost associated with this Agreement for the quarter. The Parties shall
mutually agree on the format of the quarterly reports.
b. Company shall provide quarterly reports ofthejanitorial services (cleaning)
operations in a format to be approved by the City. City may request monthly
reports as needed.
Account Executive
Company shall assign an Account Executive to be the City's single point of contact for this
Agreement.
Meetings
At the City's discretion, the Parties shall meet on a quarterly basis or on an as
needed basis to review janitorial performance and any other matter related to the
services provided by Company Linder this Agreement.
3
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Tori PiersonDDattea2022,06.114112523efO°
0700
ACORN® CERTIFICATE OF LIABILITY INSURANCE
�.�1
DATE(MMIDDNYYY)
5/19/2022
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 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
CONTACT NAME: Laura L. Baron, CIC
PRONE (310)326-6335 ext 2151 FAX Imdl aza-s4ac
Ac No:
Nickerson Insurance Services, Inc.
LIC #0491589
E+.tAIL ADDRESS: Laura@nickersonins.com
2106 West Lomita Blvd.
INSURERS AFFORDING COVERAGE
NAIL It
INSURER A: Continental Casualty Company
20443
Lomita CA 90717
INSURED
INSURERB:Tr'ans Ortation Insurance Company,Comparty,
20494
INSURER C: SeC12ritY National Insurance Company
19879
Focus Media Group, Inc., Di
INSURER D:
Coastline Advertising Corporation
INSURER E:
2271 W Malvern Ave. k407
Fullerton CA 92833-2106
INSURER F:
COVERAGES CERTIFICATE NUMBER:22-23 GLAUWCUMB REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS,
INSR
LTR
TYPE OF
ADDL
SUBR
POLICY NUMBER
POLICY EFF
MMMMYYYYI
POLICY EXP
flMMrDDNYYY)LIMITS
X
COMMERCIALGENERALLIABILITY
EACH OCCURRENCE
S 1,000,000
A
CLAIMS -MADE � OCCUR
DAMAG T REN ED
PREMISES Ea ocanence
$ 300,000
X
MED EXP(Any one Person)
$ 10,000
Primary/Non-Contributory
X
y
04034610293
5/19/2022
5/19/2023
PERSONAL SADV INJURY
$ 1,000,000
GENIAGGREGATE LIMIT APPLIES PER:
GENERALAGGREGATE
$ 2,000,000
X POLICY PRO LOG
PRODUCTS-COMP/OPAGG
S 2,000,000
$
OTHER
I
AUTOMOBILE
LIABILITY
COMRINEDSINGLELIMIT
Ea accident
$ 1,000,000
BODILY INJURY (Per Person)
$
A
ANY AUTO
ALLOS SCHEDULED
AUAUTOS
X
Y
BUP5088115784
5/19/2022
5/19/2023
I
BODILY INJURY (Per aociden0
$
HIRED AUTOS NON -OWNED
AUTOS
PROPERTY DAMAGE
Per accident
$
unmsund annand oan diidain9le
$ 1,000,000
X
UMBRELLALIAB
X
OCCUR
EACH OCCURRENCE
S 4,000,000
AGGREGATE
$ 4,000,000
B
EXCESS LIAB
CIAIM&MADE
DIED RETENTION $
IS
X
Y
CUP4034610245
5/19/2022
5/19/2023
WORKERS COMPENSATION
AND EMPLOYERS'LIABILITY YIN
X I PER OTH-
TAT R
El -EACH ACCIDENT
$ 1,000,000
C
ANY PROPRIETORMARTNEWEXECUTIVE
OFFICERIMEMBER EXCLUDED? ❑
(Mandatory in NHi
If yes, describe under
NIA
y
SwC1383497
4/21/2022
4/21/2023
E.L DISEASE - EA EMPLOYEE
$ 1,000,000
DESCRIPTION OF OPERATIONS below
E.L. DISEASE -POLICY LIMIT
S 1 000,000
A
Business Personal Property
B4034610293
05/19/2022
05/19/2023
RePlacens"ICoal $5,000
Busine55 Iree.
Ael.id Loss Suunned(ALS) ALS
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD tU1, Additional Remarks Schedule, may be atlxbed'R anon spade is regelndl
The City of Santa Ana, , its officers, officials, employees, and volunteers are included as additional as
respect to insured ongoing operations per attached CNA Additional Insured endorsements SB146932E &
SB300022B including primary, non-contributory and waiver of Subrogation; 30 Days Notice of Cancellation
subject to 10 days notice of cancellation for nonpayment of premium when required by written executed
contract
City of Santa Ana its officers,employees,
employees, and volunteers
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
CANCELLATION
Rid Mangan ant [Xiii
SHOULD ANY OF THE ABOVE DESCRIBED POLI
, 1
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THE EXPIRATION DATE THEREOF, NOTICE WILT
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ACCORDANCE WITH THE POLICY PROVISIONS.
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AUTHORIZED REPRESENTATIVE
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Kelly/LAURA
ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD
INS025 (201401)
POLICY NUMBER
B 4034610293
INSURED NAME AND ADDRESS
FOCUS MEDIA GROUP, INC.
2271 W MALVERN AVE STE 407.
FULLERTON, CA 92833-2106
This Change Endorsement changes the Policy. Please read it carefully.
This Change Endorsement is a part of your Policy and takes effect on the
effective date of your Policy, unless another effective date is shown.
The following Additional Insureds) has (have) been added:
Form #:SB300120 Title: Additioal Insured - Owners,
Lessees or Contractors
Name and Address:
City of Santa Ana, its officers, officials, employees, and volunteers
Clerk of the City Council
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
Chairman of the Board
Rid Mear—d U�ivai
Ravnsa,Fn6 Ar�mvm Br.
Rek Ma,u9rnm,Omcil Aitle
G-56015-B (ED. 11/91)
SB-300001-C
CNA (Ed. 06/11)
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
AMENDMENT -AGGREGATE LIMITS OF INSURANCE (PER PROJECT)
This endorsement modifies insurance provided under the following:
BLISINESSOWNERS LIABILITY COVERAGE FORM
A. For all sums which the insured becomes legally
Declarations, such limits will be subject to the
obligated to pay as damages caused by "occurrences"
applicable "Project" General Aggregate limit.
under COVERAGE A.1., and for all medical expenses
B. For all sums which the insured becomes legally
caused by accidents under COVERAGE A.2., which
obligated to pay as damages caused by
can be attributed only to ongoing operations at a single
"occurrences," and for all medical expenses caused by
"project":
accidents, which cannot be attributed only to ongoing
1. A separate "Project" General Aggregate limit
operations at a single "project":
applies to each "project." The "Project" General
1. Any payments made under COVERAGE A.1. for
Aggregate limit is equal to the amount of the
damages or under COVERAGE A.2. for medical
General Aggregate limit shown in the
expenses shall reduce the amount available under
Declarations.
the General Aggregate limit or the
2. The "Project" General Aggregate limit is the most
Products/Completed Operations Aggregate limit,
we will pay for the sum of all damages payable
whichever is applicable; and
under COVERAGE A.1., except damages
2. Such payments shall not reduce any "Project"
because of "bodily injury' or "property damage"
General Aggregate limit.
included in the "products -completed operations
hazard," and for medical expenses payable under
C. When coverage for liability arising out of the "products -
COVERAGE A.2. regardless of the number of:
completed operations hazard" is provided, any
a. Insureds;
payments for damages because of "bodily injury" or
"property "products-
damage" included in the
b. Claims made or "suits" brought; or
completed operations hazard" will reduce the
Products/Completed Operations Aggregate limit, and
c. Persons or organizations making claims or
not reduce the General Aggregate limit nor any
bringing "suits.'
"Project" General Aggregate limit.
3. Any payments made under COVERAGE A.1. for
D. If a "project" has been abandoned, delayed, or
damages or under COVERAGE A.2. for medical
abandoned and then restarted, or if the authorized
expenses shall reduce the "Project" General
contracting parties deviate from plans, blueprints,
Aggregate limit for the applicable "project" Such
designs, specifications or timetables, the "project" will
payments shall not reduce the General Aggregate
still be deemed to be the same "project."
limit shown in the Declarations nor shall they
reduce any "Project" General Aggregate limit
E. The provisions of the Limits Of Insurance section not
applicable to other "projects."
otherwise modified by this endorsement shall continue
to apply as stipulated.
4. The limits shown in the Declarations for Liability
and Medical Expenses, Damage to Premises
F. The following definition is added to Section F. Liability
Rented to You, and Medical Expenses continue to
and Medical Expenses Definitions:
apply. However, instead of being subject to the
"project" means "your work" at location(s) away from
General Aggregate limit shown in the
premises owned or rented to you.
SB-300001-C Includes copyrighted material of Insurance Services Office, Inc., with its permission.
(Ed. 06/11) Copyright, Insurance Services Office, Inc., 2002
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SB300022C
(Ed. 6-16)
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
WAIVER OF SUBROGATION
Name Of Person Or Organization:
City of Santa Ana, its officers, officials, employees,
and volunteers
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
I ` Information required to complete this Schedule, if not shown on this endorsement, will be shown in the Declarations.
This endorsement modifies insurance provided under the following:
BUSINESSOWNERS COMMON POLICY CONDITIONS
We waive any right of recovery we may have against:
1. Any person or organization shown above or in the Declarations; or
2. Any person or organization with which you have a written contract that requires such a waiver, provided the
contract was executed prior to the loss.
All other terms and conditions of the Policy remain unchanged.
SB300022C (Ed. 6-16)
Page 1 of 1
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Copyright, CNA All Rights Reserved.
SB-300120-C
CNA (Ed. 06/11)
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS -
SCHEDULED PERSON OR ORGANIZATION -WITH PRODUCTS COMPLETED
OPERATIONS COVERAGE
This endorsement modifies insurance provided under the following:
BUSINESSOWNERS LIABILITY COVERAGE FORM
SCHEDULE*
Name Of Person Or Organization:
City of Santa Ana, , its officers, officials, employees, and volunteers
20 Civic Center Plaza (M-30)
P.O. Box 1988
to
A. The following is added to Paragraph C. Who Is An
Insured:
4. Any person(s) or organization(s) shown in the
Schedule is also an additional insured, but only
with respect to liability for "bodily injury," "property
damage' or "personal and advertising injury,"
caused, in whole or in part, by:
a. Your acts or omissions; or
b. The acts or omissions of those acting on your
behalf
in the performance of your ongoing operations for
the additional insured(s); at the location(s)
designated above; or
c. "Your work" that is included in the 'products -
completed operations hazard" and performed
for the additional insured, but only if this
Policy provides such coverage, and only if the
written contract or written agreement requires
you to provide the additional insured such
coverage.
B. The insurance provided to the additional insured does
not apply to 'bodily injury," 'property damage," or
'personal and advertising injury' arising out of:
SB-300120-C
(Ed. 06111)
1. The rendering of, or the failure to render any
professional architectural, engineering, or
surveying services, including:
(a) The preparing, approving, or failing to prepare
or approve maps, shop drawings, opinions,
reports, surveys, field orders, change orders
or drawings and specifications; and
(b) Supervisory, inspection, architectural or
engineering activities.
2. 'Bodily Injury," "property damage," or "personal
and advertising injury" arising out of any premises
or work for which the additional insured is
specifically listed as an additional insured on
another endorsement attached to this Policy.
C. The following is added to Paragraph H. of the
Businessowners Common Policy Conditions:
H. Other Insurance
This insurance is excess over any other insurance
naming the additional insured as an insured
whether primary, excess, contingent or on any
other basis unless a written contract or written
agreement specifically requires that this insurance
be either primary or primary and noncontributing.
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SB-146932-E
(Ed.06/11)
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BLANKET ADDITIONAL INSURED - LIABILITY EXTENSION
This endorsement modifies insurance provided under the following:
BUSINESSOWNERS LIABILITY COVERAGE FORM
Coverage afforded under this extension of coverage endorsement does not apply to any person or organization covered
as an additional insured on any other endorsement now or hereafter attached to this Policy.
1. ADDITIONAL INSURED —BLANKET VENDORS
WHO IS AN INSURED is amended to include as an
additional insured any person or organization (referred
to below as vendor) with whom you agreed, because
of a written contract or agreement to provide
insurance, but only with respect to "bodily injury' or
"property damage" arising out of "your products" which
are distributed or sold in the regular course of the
vendor's business, subject to the following additional
exclusions:
1. The insurance afforded the vendor does not apply
to:
a. "Bodily injury" or "property damage" for which
the vendor is obligated to pay damages by
reason of the assumption of liability in a
contract or agreement. This exclusion does
not apply to liability for damages that the
vendor would have in the absence of the
contract or agreement;
b. Any express warranty unauthorized by you;
c. Any physical or chemical change in the
product made intentionally by the vendor;
d. Repackaging, except when unpacked solely
for the purpose of inspection, demonstration,
testing, or the substitution of parts under
instructions from the manufacturer, and then
repackaged in the original container;
e. Any failure to make such inspections,
adjustments, tests or servicing as the vendor
has agreed to make or normally undertakes to
make in the usual course of business, in
connection with the distribution or sale of the
products;
C Demonstration, installation, servicing or repair
operations, except such operations performed
at the vendor's premises in connection with
the sale of the product;
g. Products which, after distribution or sale by
you, have been labeled or relabeled or used
as a container, part or ingredient of any other
thing or substance by or for the vendor; or
h. "Bodily injury" or "property damage" arising
out of the sole negligence of the vendor for its
SB-146932-E
(Ed. 06/11)
own acts or omission or those of its
employees or anyone else acting on its
behalf. However, this exclusion does not
apply to:
(1) The exceptions contained in
Subparagraphs d. or f.; or
(2) Such inspections, adjustments, tests or
servicing as the vendor has agreed to
make or normally undertakes to make in
the usual course of business, in
connection with the distribution or sale of
the products.
2. This insurance does not apply to any insured
person or organization, from whom you have
acquired such products, or any ingredient, part or
container, entering into, accompanying or
containing such products.
3. This provision 2. does not apply to any vendor
included as an insured by an endorsement issued
by us and made a part of this Policy.
4. This provision 2. does not apply if "bodily injury" or
''property damage" included within the "products -
completed operations hazard" is excluded either
by the provisions of the Policy or by endorsement.
2. MISCELLANEOUS ADDITIONAL INSUREDS
WHO IS AN INSURED is amended to include as an
insured any person or organization (called additional
insured) described in paragraphs 2.a. through 2.h.
below whom you are required to add as an additional
insured on this policy under a written contract or
agreement but the written contract or agreement must
be:
1. Currently in effector becoming effective during the
term of this policy; and
2. Executed prior to the "bodily injury," "property
damage" or "personal and advertising injury," but
Only the following persons or organizations are
additional insureds under this endorsement and
coverage provided to such additional insureds is
limited as provided herein:
a. Additional Insured
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CNA
SB-146932-E
(Ed. 06/11)
due to your negligence specifically resulting
from your work for the additional insured
which is the subject of the written contract or
written agreement. No coverage applies to
liability resulting from the sole negligence of
the additional insured.
The insurance provided to the additional
insured is limited as follows:
(1) The Limits of Insurance applicable to the
additional insured are those specified in
the written contract or written agreement
or in the Declarations of this policy,
whichever is less. These Limits of
Insurance are inclusive of, and not in
addition to, the Limits of Insurance shown
in the Declarations.
(2) The coverage provided to the additional
insured by this endorsement and
paragraph F.9. of the definition of "insured
contract" under Liability and Medical
Expenses Definitions do not apply to
"bodily injury" or "property damage"
arising out of the "products -completed
operations hazard" unless required by the
written contract or written agreement.
(3) The insurance provided to the additional
insured does not apply to "bodily injury,"
"property damage," or "personal and
advertising injury" arising out of the
rendering or failure to render any
professional services.
b. State or Political Subdivisions
A state or political subdivision subject to the
following provisions:
(1) This insurance applies only with respect
to the following hazards for which the
state or political subdivision has issued a
permit in connection with premises you
own, rent, or control and to which this
insurance applies:
(a) The existence, maintenance, repair,
construction, erection, or removal of
advertising signs, awnings, canopies,
cellar entrances, coal holes,
driveways, manholes, marquees,
hoistaway openings, sidewalk vaults,
street banners, or decorations and
similar exposures; or
(b) The construction, erection, or
removal of elevators; or
(2) This insurance applies only with respect
to operations performed by you or on your
behalf for which the state or political
subdivision has issued a permit.
SB-146932-E
(Ed. 06/11)
This insurance does not apply to "bodily
injury," "property damage" or "personal and
advertising injury" arising out of operations
performed for the state or municipality.
C. Controlling Interest
Any persons or organizations with a
controlling interest in you but only with respect
to their liability arising out of:
(1) Their financial control of you; or
(2) Premises they own, maintain or control
while you lease or occupy these
premises.
This insurance does not apply to structural
alterations, new construction and demolition
operations performed by or for such additional
insured.
d. Managers or Lessors of Premises
A manager or lessor of premises but only with
respect to liability arising out of the ownership,
maintenance or use of that speck part of the
premises leased to you and subject to the
following additional exclusions:
This insurance does not apply to:
(1) Any "occurrence" which takes place after
you cease to be a tenant in that premises;
or
(2) Structural alterations, new construction or
demolition operations performed by or on
behalf of such additional insured.
e. Mortgagee, Assignee or Receiver
A mortgagee, assignee or receiver but only
with respect to their liability as mortgagee,
assignee, or receiver and arising out of the
ownership, maintenance, or use of a premises
by you.
This insurance does not apply to structural
alterations, new construction or demolition
operations performed by or for such additional
insured.
f. OwnerslOther Interests — Land is Leased
An owner or other interest from whom land
has been leased by you but only with respect
to liability arising out of the ownership,
maintenance or use of that specific part of the
land leased to you and subject to the following
additional exclusions:
This insurance does not apply to:
(1) Any "occur
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CNA
SB-146932-E
(Ed. 06/11)
(2) Structural alterations, new
construction or demolition operations
performed by or on behalf of such
additional insured.
g. Co-owner of Insured Premises
A co-owner of a premises co -owned by you
and covered under this insurance but only
with respect to the co -owners liability as co-
owner of such premises.
h. Lessor of Equipment
Any person or organization from whom you
lease equipment. Such person or organization
are insureds only with respect to their liability
arising out of the maintenance, operation or
use by you of equipment leased to you by
such person or organization. A person's or
organization's status as an insured under this
endorsement ends when their written contract
or agreement with you for such leased
equipment ends.
With respect to the insurance afforded these
additional insureds, the following additional
exclusions apply:
This insurance does not apply:
(1) To any "occurrence" which takes place
after the equipment lease expires; or
(2) To "bodily injury," "property damage" or
"personal and advertising injury" arising
out of the sole negligence of such
additional insured.
Any insurance provided to an additional insured
designated under paragraphs b. through h. above
does not apply to "bodily injury" or "property
damage" included within the "products -completed
operations hazard."
3. The following is added to Paragraph H. of the
BUSINESSOWNERS COMMON POLICY
CONDITIONS:
H. Other Insurance
4. This insurance is excess over any other
insurance naming the additional insured
as an insured whether primary, excess,
contingent or on any other basis unless a
written contract or written agreement
specifically requires that this insurance be
either primary or primary and
noncontributing.
4. LEGAL LIABILITY — DAMAGE TO PREMISES
A. Under B. Exclusions, 1. Applicable to
Business Liability Coverage, Exclusion k.
SB-146932-E
(Ed. 06/11)
Damage To Property, is replaced by the
following:
k. 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;
5. That particular part of any real
property on which you or any
contractors or subcontractors working
directly or indirectly in your behalf are
performing operations, if the "property
damage" arises out of those
operations; or
6. That particular part of any property
that must be restored, repaired or
replaced because "your work" was
incorrectly performed on it.
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 1, 3, and 4, of this exclusion
do not apply to "property damage" (other
than damage by fire or explosion) to
premises:
(1) rented to you:
(2) temporarily occupied by you with the
permission of the owner, or
(3) to the contents of premises rented to
you for a period of 7 or fewer
consecutive days.
A separate limit of insurance applies to
Damage To Premises Rented To You as
described in Section D — Liability and
Medical Expenses Limits of Insurance.
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SB-146932-E
(Ed. 06/11)
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."
B. Under B. Exclusions, 1. Applicable to
Business Liability Coverage, the last
paragraph of 2. Exclusions is deleted and
replaced by the following:
Exclusions c, d, e, f, g, h, i, k, 1, m, n, and o,
do not apply to damage by fire to premises
while rented to you or temporarily occupied by
you with permission of the owner or to the
contents of premises rented to you for a
period of 7 or fewer consecutive days. A
separate limit of insurance applies to this
coverage as described in Section D. Liability
And Medical Expenses Limits Of
Insurance.
C. The first Paragraph under item 5. Damage To
Premises Rented To You Limit of Section
D. Liability And Medical Expenses Limits
Of Insurance is replaced by the following:
The most we will pay under Business Liability
for damages because of "property damage"
to any one premises, while rented to you, or
temporarily occupied by you, with the
permission of the owner, including contents of
such premises rented to you for a period of 7
or fewer consecutive days, is the Damage to
Premises Rented to You limit shown in the
Declaration.
5. Blanket Waiver of Subrogation
We waive any right of recovery we may have
against:
a. Any person or organization with whom you
have a written contract that requires such a
waiver.
6. Broad Knowledge of Occurrence
The following items are added to E.
Businessowners General Liability Conditions
in the Businessowners Liability Coverage
Form:
e. Paragraphs a. and b. apply to you or to any
additional insured only when such
"occurrence," offense, claim or "suit" is known
to:
(1) You or any additional insured that is an
individual;
SB-146932-E
(Ed. 06111)
(2) Any partner, if you or an additional
insured is a partnership;
(3) Any manager, if you or an additional
insured is a limited liability company;
(4) Any "executive officer" or insurance
manager, if you or an additional insured is
a corporation;
(5) Any trustee, if you or an additional
insured is a trust; or
(6) Any elected or appointed official, if you or
an additional insured is a political
subdivision or public entity.
This paragraph e. applies separately to you
and any additional insured.
7. Bodily Injury
Section F. Liability and Medical Expenses
Definitions, item 3. 'Bodily Injury" is deleted and
replaced with the following:
"Bodily injury" means bodily injury, sickness or
disease sustained by a person, including death,
humiliation, shock, mental anguish or mental
injury by that person at any time which results as
a consequence of the bodily injury, sickness or
disease.
8. Expanded Personal and Advertising Injury
Definition
a. The following is added to Section F. Liability
and Medical Expenses Definitions, item 14.
Personal and Advertising Injury, in the
Businessowners General Liability
Coverage Form:
h. Discrimination or humiliation that results in
injury to the feelings or reputation of a natural
person, but only if such discrimination or
humiliation is:
1. Not done intentionally by or at the
direction of:
a. The insured; or
b. Any "executive officer," director,
stockholder, partner, member or
manager (if you are a limited liability
company) of the insured; and
2. Not directly or indirectly related to the
employment, prospective employment,
past employment or termination of
employment of any person or person by
any insured.
b. The following is add-H +^ Fvrli cinne Cnrtinn
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SB-146932-E
(Ed. 06/11)
(15)Discrimination Relating to Room,
Dwelling or Premises
Caused by discrimination directly or
indirectly related to the sale, rental, lease
or sub -lease or prospective sale, rental,
lease or sub -lease of any room, dwelling
or premises by or at the direction of any
insured.
(16) Fines or Penalties
Fines or penalties levied or imposed by a
governmental entity because of
discrimination.
c. This provision (Expanded Personal and
Advertising Injury) does not apply if
SB-146932-E
(Ed. 06/11)
Personal and Advertising Injury Liability is
excluded either by the provisions of the Policy
or by endorsement.
9. Personal and Advertising Injury Re -defined
Section F. Liability and Medical Expenses
Definitions, item 14, Personal Advertising Injury,
Paragraph c. is replaced by the following:
c. The wrongful evictio
into, or invasion of
occupancy of a room
that a person or
committed by or on
landlord or lessor.
n
from, wrongful entry
the right of private
dwelling or premises
organization occupies
behalf of it's owner,
w.k ion.
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