HomeMy WebLinkAboutINVENGO AMERICA CORPORATION DBA FE TECHNOLOGIES (2)INSURANCE ON FILE
WORK MAY PROCEED
UNTIL INSURANCE EXPIRES
ri � "I i'W-
CITY CLERK
DATE APR 1 7 2024
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AGREEMENT WITH INVENGO AMERICA CORPORATION DOING BUSINESS AS
FE TECHNOLOGIES FOR PURCHASE OF SECURITY EQUIPMENT AND
MAINTENANCE SERVICES FOR THE SANTA ANA PUBLIC LIBRARY
A-2024-033
THrS AGREEMENT is made and entered into this 19th day of March, 2024 by and
between lavengo America Corporation, a Texas corporation doing business as FE Technologies.
("Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and
existhig under the Constitution and laws of the State of California ("City'?. City and Contractor
are also collectively referred to herein as "the Parties."
RECITALS
A. City desires to hire a Contractor having special skill and knowledge in the field of security
gates and Radio Frequency Identification (RFID) equipment for the installation of new
equipment and maintenance of existing equipment at the Santa Ana Public Library.
B. Contractor represents that Contractor Is able and willing to provide such services to the
City.
C. In undertaking the performance of this Agreement, Contractor represents that it is
knowledgeable In its field and that any services performed by Contractor under this
Agreement will be performed in compliance with such standards as may reasonably be
expected from a professional consulting firm in the field.
NOW THE, in consideration of the mutual and respective promises, and subject to the
terms and conditions hereinafter set forth, the parties agree as follows:
1. SCOPE OF SERVICES
a. Contractor shall perform, during the term of this Agreement, 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 Contractor's
Proposal attached hereto as Exhibit A and incorporated by reference, which includes
but is not limited to the installation to two (2) security gates for the Delhi Library
Branch as well as maintenance support services for new and existing equipment.
b. Contractor will conduct the delivery and installation of all equipment identifiod in
Exhibit A. Hardware will be delivered, installed, tested, and commissioned by the
Contractor's installation Team, which Includes RFID experts and qualified electricians
who are familiar with RFID-specific exclusion zone and placement guidelines.
Contractor will manage all delivery logistics including delivering and placing all RFID
equipment into installation sites confirmed by City staff in writing.
c. Contractor's terms and conditions in Exhibit A are incorporated by reference with the
exception of items d, e, and h, wherein the City shall have forty-five (45) days to pay
all invoices instead of thirty (30) days,
Page 1 of 9
2. COMPENSATION
a. City agrees to pay, and Contractor agrees to accept as total payment for its services for
City, the rates and charges identified in Exhibit A. The total amount authorized during
the term of this Agreement, including any extension pprlod(s), shall not exceed Forty
Thousand, Two Hundred Eleven Dollars and Elghty-Six Cents ($40,211.86). This sum
Is comprised of (1) a base amount of $30,131.86 and (2) a contingency in the amount
of $10,080 for additional services at the City's sole discretion.
b. City shall pay 50% of the quoted costs of the RFID project prior to the commencement
of the RFID project within. forty-five (45) days of receipt of a proper Invoice and shall.
pay the remaining 50% of the quoted coats within forty-five (45) days of the date that
the Parties agree that the RFID project is complete and hardware 'installed and upon
City's receipt ofa proper invoice for the balance. City will be invoiced separately for
the software and bardware service support plan and any use of contingency finds.
o, Payment by City shall be made within 45 days (forty-five) days following receipt of
proper Invoice evidencing work performed, subject to City accounting procedures.
Payment need not be made for work, which fails to meet the standards of performance
set forth. in the Recitals, which may reasonably be expected by City.
d. This Agreement contemplates compensation for services rendered on and after March
15, 2024.
3. TERM
This Agreement shall commence on March 19, 2024 for a three (3) year term until March
15, 2027, unless terminated earlier In accordance with Section IS, below.
4. INDEPENDENT CONTRACTOR
Contractor shall, during the entire term of this Agreement, be construed to be an
independent contractor and not an employee of the City. This Agreement is. not intended hot shall
it be construed to create an employer -employee relationship, a joint venture relationship, or to
allow the City to exercise disoretion or control over the professional manner in which Contractor
performs the services which are the subject matter of this Agreement; however, the services to be
provided by Contractor shall be provided in a manner consistent with all applicable standards and
regulations governing such services, Contractor shall pay all salaries and wages, employer's social
security taxes, unemployment insurance and similar taxes relating to employees and shall be
responsible for all applicable withholding taxes.
S. RESERVED
Pnge 2 of 9
6. INSURANCE
Prior to undertaking performance ofwork under this Agreement, Contractor shall maintain
and shall require its subcontractors, if any, to obtain and maintain insurance as described below
for the duration of this Agreement, against claims for injuries to persons or damage to property
which may arise form or in connection with services, products and materials supplied to City.
Total cost of such insurance shall be borne by Contractor.
a. Minimum Scope and Limit of Insurance
(1) Commercial General Liability (CGL). Insurance Services Office (11SO")
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 and
$2,000,000 aggregate.
(2) Automobile Liability, ISO Form Numbcr CA 00 01 covering any auto (Code
1), or if Contractor has no owned autos, hired, (Code 8) and non -awned 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 Contractor maintains broader coverage andlor
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
Contractor. 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
The above required Insurance policies are to contain or be endorsed to contain the
following provisions:
(1) 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 1Labtilty arising out of work or operations performed by or on behalf
of the Contractor including materials, parts, or equipment furnished in
connecfionwith such work or operations. General liability coverage can be
provided in the form of an endorsement to the Contractor's Insurance (at least
as broad as 190 Form Co 2010 it 85 or if notavailable, through the addition of
both CO 20 10, CO 20 26, CG 20 33, or CO 20 38; and CG 2037 if a later
edition Is used).
Page 3 of 9
(2) 'Waiver of Subrogation. Contractor's insurance company(ies) agree(&) to
waive all rights of subrogation against City, Its City Council, its officers,
officials, employees, agents, and volunteers for losses paid under the terms of
any policy which may arise from work performed by Contractor under this
Agreement. This provision applies regardless of whether or not the City has
received a waiver of subrogation endorsement from the insurer,
(3) Primary Coverage. For any claims related to this contract, the Contractor's
insurance coverage shall be primary and any insurance or self-insurance
maintained by City, its City Council, its officers, officials, employees, or
volunteers shall be excess of the Contractor's insurance and shall not contribute
with It.
(4) Severability. A severability of interest provision must apply for all the
additional insured, ensuring that Contractor's insurance shall apply separately
to each insured against whom a claim is made or suit is brought, except with
respect to the insurer's limits of liability.
(5) Notice of Cancellation. Insurance polioy(ies) herein shall provide that
coverage shall not be canceled, suspended, voided, reduced In coverage or in
limits, non -renewed by the carrier,.or materially changed except after thirty (30)
days prior written notice has been given to City. Ten (10) days prior written
notice shall be provided to City for policy cancellation or non -renewal due to
non-payment.
(6) Certificate holder. The Certificate Holder on each Evidence of the Insurance
certificate shall be: City of Santa Ana, 20 Civic Center Plazza, Santa Ana, CA
92701, The name and location of project must be included in the Description
of Operations section of each certificate.
c. 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
AXII, unless otherwise acceptable to the City.
d, 'Verification of Coverage. Contractor shall furnish the City with original
Certificates of Insurance ineludingoli required amendatoryendorsements (or copies
of the applicable policy language effecting coverage requiredby this clause) and a
copy of the Declarations andEndorsement Page of the CGI, 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 Contractor's obligation to
provide them.
The City reserves the right to require complete, certified copies of all required
insurance policies,ineluding endorsements required by these specifications, at any
time.
Page 4 of 9
e. 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.
7. INDRMNIii'ICATION
Contractor agrees to defend, and shall Indemnify and hold harmless the City, its officers,
agents, employees, contractors, special counsel, and representatives from liability: (1) forpersonal
injury, damages,. just compensation, restitution, judicial or equitable relief arising out of claims for
personal injury, including death, and claims for property damage, which may arise from the
negligent operations of the Contractor, its subcontractors, agents, employees, or other persons
acting on its behalf which relates to the services described In section I 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 ftom this Agreement. The Contractor
further agrees to Indemnify, hold harmless, and pay all costs for the defenso of the City, including
fees and costs for special counsel to be selected by the City, regarding any action by a third party
challenging the validity of this Agreement, or asserting that personal injury, damages, just
compensation, restitution, judicial or equitable relief due to personal or property rights arises by
reason of the terms of, or effects arising from this Agreement. City may make all reasonable
decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing,
to the extent Contractor's services are subject to Civil Code Section 2792.9, the above indemnity
shall be limited, to the extent required by Civil Code Section 27B2.3, to claims that ariso out of,
pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor,
S. INTELLECTUAL PROPERTY INDEMNIFICATION
Contractor 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 Contractor to the City pursuant to this Agreement.
Contractor shall keep records and invoices in connection with the work to be performed
under this Agreement. Contractor shall maintain complete and accurate records with respect to
the costs incurred under this Agreement and any services, expenditures, and disbursements
charged to the City for a minimum period of three (3) years, or for any longer period required by
law, from the date of final payment to Contractor under this Agreement. All such records and
invoices shall be clearly identifiable. Contractor shall allow a representative of the City to
examine, audit, and make transcripts or copies of such records and any other documents created
pursuant to this Agreement during regular business hours. Contractor shall allow inspection of all
work, data, documents, proceedings,, and activities related to this Agreement for a period of three
(3) years from the date of final payment to Contractor under this Agreement.
Page 5 of 9
10. CONFIDENTIALITY
It Contractor receives frog, the City information which due to the mature of such
information is reasonably understood to be confidential and/or proprietary, Contractor agrees that
it shall not use or disclose such information except in the performance of this Agreement, and
further agrees to exercise the same degree of care it uses to protect its own information of like
importance, but in no event less than reasonable care. "Confidential Information" shall include all
nonpublic Information, Confidential information includes not only written information, but also
information transferred orally, visually, electronically, or by other means. Confidential
information disclosed to either party by any subsidiary and/or agent of the other party is covered
by this Agreement. The foregoing obligations of ncn-use and nondisclosure shall not apply to any
Information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the
Contractor disclosed in a publicly available source; (e) is in rightful possession of the Contractor
without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (o)
is independently developed by the Contractor without reference to information disclosed by the
City.
11. CONFLICT OF INTRRICST CLAUSE
Contractor covenants that It presently has no interests and shall not have interests, director
indirect,which would conflict in any manner with performance of services specified under this
Agreement.
11 DISCRIMINATION
Provider shall not discriminate because of race, color, creed, religion,, sere, 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.
13. HXCLUSiVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and
Contractor, and supersedes any and all other agreements, oral or written, between the parties, in
the event of a oonfilet between Una terms of this Agreement and any attachments hereto, the terms
of this Agreement shall provall. This Agreement may not be modified except by written instrument
signed by the City and by an authorized representative of Contractor. The parties agree that any
terms or conditions of any purchase order or other instrument that are inconsistent with, or in
addition to, the terms and conditions hereof, shall not bind or obligate Contractor or the City. Ea&
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.
Page 6 of 9
14. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Contractor,
Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior
written consent of the City and any such assignment, transfer, delegation or subcontract without
the City's prior written consent shall be considered null and void. Nothing in this Agreement shall
be construed to limit the City's ability to have any of the services which are the subject to this
Agreement performed by City personnel or by other consultants retained by City.
15. THRMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of
termination. Id such event, Contraotor shall be entitled to receive and the City shall pay Contractor
compensation for all services performed by Contractor prior to receipt of such notice of
termination, subject to the fact that payment need not be made for work, which fails to meet the
standard of performance specified in the Recitals of this Agreement.
16. WAIVER
No waiver of breach, failure of any condition, or any right or remedy contained in or
granted by the provisions ofthis 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 waiverr miless the writing so specifies.
17. JURISDICTION - VENUE
This Agreement has been executed and delivered in the Stateof California and the validity,
interpretation, performance, and enforcement of any of the clauses of this Agreement shall be
determined and governed by the laws of the State of California. Both parties further agree that
Orange County, California, shall be the venue for any action or proceeding that may be brought or
arise out of, in connection with or by reason of this Agreement.
19. PROFESSIONAL LICENSES
Contractor shalt, throughout the term of this Agreement, maintain all necessary licenses,
permits, approvals, waivers, nod exemptions necessary for the provision of the services hereunder
and required by the laws and regulations of the United States, the State of Callforola, the City of
Santa Ana and all other governmental agencies. Contractor 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.
1% 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 cacti of the terms of
Page 7 of 9
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. This Agreement may signed in counter parts,
c. All Exhibits referenced herein and attached hereto shall be incorporated as if fully
set forth in the body of this Agreement.
20. 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:
City Clerk
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:
Library Services Agency
Attention: Executive Director
City of Santa Ana
20 Civic Center Plaza (M-75)
P.O. Box 1988
Santa Ana, California 92702
To Contractor:
Invengo America Corp. dba FE Technologies
536 Silicon Drive, Suite 100
Southlake, TX 76092
Melanier fetechgrou.ccorp
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
Page 8 of 9
A-2024-033
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.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first
above written.
ATTEST: CITY OF SANTA ANA
- - n007"t
ennifer L. lall
City ler 1 Alvaro Nunez
Acting City Manager
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
By:
BranVoCSalvatierra
Deputy City Attorney
RECOMMENDED FOR APPROVAL:
Brian Sternberg
Executive Director
Library Services
CONTRACTOR:
:(S
Ti of ales -US
��'iof al
Page 9 of 9
EXHIBIT A
www.fetechgrouo.com
FE Technologies - RFID Your Way
LIBRARY RFID
PROPOSAL FETechnologies
RFID your way
Santa Ana Public library
For: Lynn Nguyen
Prepared by: Al Skinner
Email: al.skinner@fetechgroup.com
Mobile Mobile: (817) 659-4708
Date: 09-Feb-2024
=FE Technologies
www1etecherouo.com
RFID Gates
US-180-
DESIGNER Clear 2 Col
PO( -US
Gate FM 47 inch
LIB-191-
WIDE Des Clear 2 Col
PI% -US
Gate FM-63 inch
PRO-
Contingency
OD2
PRO.
Annual Maintenance&
003
Library Live License
(New)
PRO.
Annual Malntenace
004
(Existing Equipment)
Minimum Onaite, Install
Fee
Minimum Delivery Fee
Sub Total (Taxable)
Tax
FIE Technologies - RFID Your Way
Pricing Quotation
1 $5,009
$0
$0
$48
$5,009.80
$399
1 $5,569
$0
$0
$48
$5,569.00
$443
1 $10.080
$0
$0
$0
$10.080.00
$0
2 f939.00
$0
$g
$0
$1.876.00
$0
Piytyr.
r.
3 $4,073.00
$0
$0
$0
$12,219.00
$0
$1,800.00
$1.800.00
$1,748.00
$1,748.00
$20,658,00
$96.00
$842.00
$1,910.86
Are In LSD.
Warranty & Support Levels: GOLD -9am-Spm Weekday Support Parts And Onelte Included. Phone, Onsite Support And Remote Support Are Included In
The Package.
FE Technologies will extend coverage pedad (pro -rated) by number of months the Mein Library and the New Hope Branch will be closed.
The Main Library (Annual Maintenance) Is $2.500.00 per year or $208.33 per month,
Tha New Hope Branch (Annual Maintenance) is S1,573.00 per year or$131.08 per month.
•���':�:-FE Technologies
www.fetechgroup.com FE Technologies - RFID Your Way
On acceptance of this quotation, the following payment terms will apply: -
a. Prices are excluding Sales Tax.
b. Prices are valid for 60 days from the date of this quotation. This is due to the volatility of exchange rates.
c. Delivery charges in the quote Is estimated and is subject to change
d. Payment of 50% of the total quoted costing is required prior to the commencement of the RFID project(excluding any applicable annual
maintenance fees) and is due 30 days from invoice issue date.
e. The remaining 50%will be invoiced within 30 days of the scheduled completion date and is due 30 days from invoice Issue date. If the
agreed Installation timeframes in the contract cannot be met by the library, payment of this invoice is still required to FE Technologies on
the date that the delivery originally planned.
f. In the event that a delay is made by the library then FE Technologies reserve the right to charge for the warehousing of the equipment.
Library also accepts to pay the full balance of the equipment If this happens.
g. Any ad hoc items will require a separate purchase order, and payment is due 30 days from invoice issue date.
In. The final payment of any product is due 30 days from final delivery.
I. Non-standard security gate Installation will incur an additional cost of $1,750.00 A standard gate installation Is a gate with a Standard
Floor Ramp. See Smart Ubrary" Security Gate System- Architect Information Pack
j. Hardware delivery (excluding Sorters, ATL, Display Lockers, Laptop Dispensers): 11-13 weeks from date of order (Note: Freight prices are
based on standard door-to-door delivery. Extra freight charges may apply if delivery is difficult due to complex unloading conditions.)
k. Hardware delivery for Sorters, ATL, Display Lockers, Laptop Dispensers: 18-21 weeks from date of order (Note: Freight prices are based
on standard door-to-door delivery. Extra freight charges may apply if delivery is difficult due to complex unloading conditions.)
I. Some products have options and variations available — their codes (listed in the pricelist above) are as follows (multiple combinations of
the below options can be purchased):
I. Self Loan Station —LI&101-XXX
ii. Self Loan Station with DVD Unlocker—US-101-DXX
ill. Self Loan Station with Chip & Pin — UB-101-XEX
Iv. Self Loan Station with Coin Acceptor— LIEI-101-XXC
m. If you wish to accept this quotation, return a signed copy of this form Ora Purchase Order can be Issued.
n. In the case of building sites, if a second installation visit is required by FE Technologies the library will be required to pay an additional
installation fee.
o. FE Technologies normal project plan provides for a technician who will complete the entire hardware and software installation In one
trip. In the Instance where a second trip is required due to a direct request from the customer or their nominated agent (building
contractor), a charge of $1000 will be added to recover the additional travel and accommodation costs.
p. Any building works required for the Installation of equipment is not included. Refer to the libraries responsibilities as described in
the architect packs supplied for each product.
q. Mobile Retrospective Encoders are provided for the agreed period without a rental charge. Any extension to the agreed period shall be
charged at $600 per month per Mobile Retrospective Encoder
r. Library hold the responsibility to look after the Mobile Retrospective Encoder crate when It is at library premise. An additional cost of
$600.00 will incur if the crate is damaged or lost.
s. In the event that the library has underestimated the library collection size for outsourced conversion and tagging, the library will be
required to pay for any additional outsourced conversion and tagging costs at the rate quoted in the Proposal.
I. For contracts longer than 12 months FE Technologies reserves the right to alter/morease prices of products due to changes caused by
availability of components, supply chain Issues and Inflation as listed by the Producer Price Index of Inputs to the Manufacturing
Industry.- https://www.bis.gov/ppl/
FE Technologies
www.fetecheroup.com
Signature & Title
time.
FEATURES
FE Technologies - RFID Your Way
Date
LIBRARY LIVE
OR by.by-TA MIRL412-10
The FE Technologies Library
Live is a Cloud -based
dashboard application that
lets library staff view and report
on various transactions and
conditions of the FE
Technologies RFID equipment
in your network.
If allows staff to instantly view
statistics and alerts for
conditions that require
attention, putting your whole
suite of RFID equipment at your
staff's fingertips at any given
Library Live includes the ability for staff to instantly view statistics via a web browser including:
• Security Gates traffic reports and library capacity alerts
• Security Gate alarms
Circulation Transactions
• Alerts for connectivity status
Events notification
Statistics can also be filtered to a library group or single branch.
Library Live stores transactional data in the Cloud so there's no requirements for a local database or
your IT staff to manage storage.
FE Technologies uses Microsoft Azure to host Library Live. Azure is a highly trusted, secure platform so
your data is kept safe at all times. Microsoft Azure is hosted locally, not offshore and conforms to privacy
regulations.
•:4.�.�.�fE Technologies
www.fetecheroup.com
FE Technologies - RFID Your Way
And finally, an automatic database backup gives you piece of mind and removes this requirement
from your IT staff.
BENEFITS FOR THE LIBRARY
• Instant visibility of library statistics
• Alerts for operating conditions that require attention
• Data held in the Clou so no requirement for library IT staff to manage storage or backups
• Safe, secure with highly -regarded Microsoft Azure local hosting
Maintenance for all of FE Technologies' RFID products including hardware and software is
provided free of charge for the first 12 months with our Warranty and Support
Agreement. FE Technologies Customer Care Centre is staffed by experienced Technical
Support Officers who are supported by a large research and development team and a
quality assurance process that is audited annually for compliance with quality standard
ISO9001:2008.
FE TECHNOLOGIES IS RENOWNED FOR ITS SUPPORT SERVICES. IN FACT, OUR SUPPORT
TEAM IS FAR GREATER THAN THAT OF ANY OF OUR COMPETITORS AND ASSISTED BY A
DAILY OPEN WORK TICKETS REPORT AND A GRAPH SHOWING OUR CURRENT
CUSTOMER SATISFACTION RATING. ALL OUR STAFF HAVE A VESTED INTEREST IN SEEING OUR CUSTOMERS HAPPYI
TWO WAYS OF LOGGING SUPPORT TICKETS
Local dedicated call center
SALES: TEL+1-888-278-1824 OPTION 1
SUPPORT: TEL+1-888-278-1824 OPTION 2
•FE Technologies
www.tetechgroup.com
Online Support Portal: TICKETS.FETECHGROUP.COM
WARRANTY
FE Technologies - RFID Your Way
1
Welcome to the FE
Technologies Service Portal
& SUPPORT LEVEL:
9am-5pm weekday support. Parts and onsite Included. Phone, onsite support and remote support are included in the
package
Technologies
www.fetechgroui).com
FE Technologies - RFID Your Way
"We are ready to capture great ideas and transform them into amazing solutions that solve your problems. We are
driven by creating experiences that deliver results for your business and for your customers.
ANDREW POWELL
PETER FERENDINOS
SCOTTY GAGE
DUSTIN LAMM
DIRECTOR, GENERAL MANAGER
Andrew Powell is the Director of the company. Andrew has several years' experience in
management and production, and extensive experience in RFID technology especially during
FE Technologies fledgling days. Andrew steers the operations of the company towards
greater efficiencies and enhanced productivity.
DIRECTOR OF SALES
Peter's focused and driven management of the sales and marketing team since inception
has seen FE Technologies gain a strong foothold Australia, New Zealand and South East
Asia. Peter leads a sales and marketing team that is focused on job specialization which has
led to huge efficiencies in our sales process, which in turn leads to real win -win in delivering
relevant RFID solutions to libraries.
VP OF SALES - US
Scotty has been working with libraries in the USA creating solutions that make a difference
since 2013. His passion for helping libraries do more and having a greater impact on
communities has led him to be one of the most successful Business Development
Executives in the Industry. Scotty also has had success in building and leading Sales teams
to be successful in various industries.
SR. BUSINESS DEVELOPMENT EXECUTIVE - CENTRAL US
Dustin has been serving the library Industry for well over 18 years. Dustin has a wealth of
knowledge and experience when it comes to improving circulation management having
worked in both the ILS and RFID realms. Dustin is based in our growing Texas office where
he will look after the RFID sales of the Central US.
���'� -FE Technologies
www.fetecheroup.com
AL SKINNER
DYLAN BREHM
FE Technologies - RFID Your Way
SR. BUSINESS DEVELOPMENT EXECUTIVE -WESTERN US
Al has been working in the RFID sphere for libraries for over 20 years and brings a library
centric experience to the team at FE Technologies. His consultive approach in working with
many libraries to create successful strategies to reap the benefits of RFID and Automated
Materials Material's Handling Solutions, puts him in an ideal position to help libraries in the
Western US.
PROJECT COORDINATOR US
Dylan Brehm joins the team as Project Coordinator and will be responsible for managing our
new installations across the US. Dylan brings a wealth of experience in administrative project
management, high level customer service and relationship management, and a proven
attention to detail across a range of tasks. Dylan has a Bachelor of Business Administration
in Marketing and is available to all our new customers to assist them through each milestone
of their RFID projects.
FE Technologies
www.fetecheroup.com
JARRED STEENVOORDEN
CLINT AGUSTSSON
CYNAN MCWILLIAM
JUSTIN MEISCH
t
FE Technologies - RFID Your Way
RESEARCH AND DEVELOPMENT MANAGER
Jarred heads up the FE Technologies Research and Development Team and is behind our
Innovative software across our entire suite of RFID equipment. Jarred and his team are
responsible for developing new software, including enhancements, new features and bug
fixes. Software developer using C# on Microsoft Dot Net, HTML, Java, PHP, MySQL Develops
Web applications and point of sale software. Jarred leads the concept through to market
process for the team for new products.
HARDWARE DEVELOPMENT MANAGER
Clint has 15 years IT experience and has hands on Involvement In the development of the FE
Technologies Library system. Clint heads up the Hardware Team in the R&D lab. Clint is often
a point of contact for escalated work tickets that require development work and is also in
charge of the creation of new products and enhancements. Clint's and his team are
responsible for hardware development and enhancement, compatibility and software
Integration. Clint has a expertise In automated materials handling.
SUPPORT MANAGER
Cynan is an integration specialist with 18 years of experience across Asia Pacific. Recently
returning from a ten year in Hong Kong providing sales and technical support for Post
Production and Broadcast customers across Asia. Prior to that he had similar postings in
Bangkok and Wellington. He brings extensive workflow, networking and technical knowledge
to the team. Cynan heads up the team and is a point of escalation for any unresolved issues.
TECHNICAL SUPPORT - US
Justin Is an experienced technician with a customer service first mindset and a history of
leadership. He has a wide range of experience with troubleshooting and building computers.
:������•FE Technologies
www.fetecherouo.com
MICHAEL DOTSON
ERIC ROE
KYLIE HERNANDEZ
FE Technologies - RFID Your Way
TECHNICAL SUPPORT - US
Michael joins our ever-growing Technical Support Team as a Technical Support Officer. He will
be performing technical support and assisting with installations where his background in IT and
Security Systems will be highly valued. Michael has a Bachelors Degree in Information Security
Systems and an Associates degree in Computer networking. Michael will be on -hand to help
our customers with any service and support requirements, and looks forward to meeting our
library customers around the country.
TECHNICAL SUPPORT - US
Eric is an IT professional who has been in the Industry for over a decade with customer service
experience. He has knowledge in hardware setup, repair, and diagnostics with complementary
experience in application support and creation. Eric stays up to date on modern technology
with certifications in most major computer such as Cisco, Microsoft, and Amazon.
SALES COORDINATOR
Kylie Is the sales coordinator in our US branch, assisting all our US BDE (Business Development
Executive) in all the sales documentation. She is soft spoken and bubbly and experienced. Feel
free to reach out to Kylie if you need any help[
�FE Technologies
www.fetecheroup.com
FE Technologies - RFID Your Way
FE Technologies customers are invited to our User Group — an Independently run group of FE Technologies Users who
meet annually and conduct training, share information on products and software and are in close contact with our R&D
department to share ideas for upgrades, enhancements and new products.
Here is a selection of ourvalued customers:
Hennepin County
Library
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QUESTIONS?
IDEAS?
CLARIFICATION?
CONTACT US TODAY:
FE Technologies
FE Technologies - RFID Your Way
536 Silicon Drive, Suite 100 Southlake Texas 76092
+1-888-278-1824
Inenquiries@fetechgroup.com
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www www.fetechgroup.com
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CERTIFICATE OF LIABILITY INSURANCE
DATE(MM/DD/YYYY)
6/29/2023
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 CERYIFICATE 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 riahts to the certificate holder in lieu of such endorsementfsl.
PRODUCER
WESTER INSURANCE AGENCY Digitally SI Ile
P O.BOX 76s g• Y g
N 11 27 s Acevedo
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Date: 2024.0 3.
NAME, W. David Carver
1@34B-z33C
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ADDRESS: CSr westerinst
INSURER:
U r
INSURED INVENA
Invengo Technology Corp.; Invengo American Corp.
DBA FE Technologies
1011 South Hamilton Rd Ste 300
Chapel Hill NC 27517
INSURER B:
INSURER C:
INSURER O:
INSURER E
COVERAGES CERTIFICATE NUMBER: 911398836 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.
ILTB
TYPE OF INSURANCE
ADDL
SUBR
POLICY NUMBER
POLICY EFF
MMIDO
POLICY SKIP
MWODPYYYY
LIMITS
A
X
COMMERCIAL GENERAL LIABILITY
Y
22SBAAC9548
41`7/2023
40/2024
EACH OCCURRENCE
$2,000.000
CLAIMS -MADE OCCUR
PREMISES Ea occEO
PREMISES Ea omunenca
$1,000,000
MED EXP (Any one person)
$10,000
PERSONAL B ADV INJURY
$2.000,000
GEN'L AGGREGATE LIMIT APPLIES PER:
GENERAL AGGREGATE
$4,000,000
-
POLICY E P" LOG
PRODUCTS - COMPIOPAGG
$4.000,000
$
OTHER:
A
AUTOMOBILE
LIABILITY
22SBAAC9548
4/7/2023
40/2024
•COMBINED SINGLELIMIT
Fe accident)
$2000,000
BODILY INJURY (Par person)
$
ANY AUTO
OWNED SCHEDULED
AUTOS ONLY AUTOS
H
Pidt )
BODILY INJURY (Per accident)
$
PROPERTY DAMAGE
Par accitlent
$
HIRED X NON -OWNED
AUTOS ONLY AUTOS ONLY
A
UMBRELLALIAB
X
OCCUR
22SBAAC9548
4/7/2D23
4/7/2024
EACH OCCURRENCE
$10,000,000
AGGREGATE
$
EXCESS LIAB
CLAIMS -MADE
i
DIED X RETENTION$ 1 a BOB
$
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY YIN
I PER OTH-
STATUTE ER
E.L. EACH ACCIDENT
$
ANWROPRIETORIPARTNERIEXECUTIVE ❑
OFFICERIMEMBEREXCLUDED9
NIA
E.L. DISEASE - EA EMPLOYE
$
(Mandatory in Ni
If yes, describe under
DESCRIPTION OF OPERATIONS below
E.L. DISEASE - POLICY LIMIT
$
A
Prolessional Liability
Cyber Liability
22SBAAC9548
4/7/2023
4/7/2024
Limits of Liability
Limits of liability
1,000,000
1,000,000
DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if mom spare is required)
City of Santa Ana, officers, agents, employees, and volunteers are named as additional insureds with respect to General Liability as required in a written
contract. Such insurance is primary and non contributory as required in a Written contract. 30 day notice of cancellation applies.
CERTIFICATE HOLDER
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF. NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY Pi
City of Santa Ana Risk Management Division
20 Civic Center Plaza
Santa Ana CA 92702 AUTHORIZED REPRESENTATIVE
01988.2015 ACORD
ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD
REVIEWED & APPROVED BY:
A+ji:, Atv4ltd
Risk Management Sped Ant
A`oCERTIFICATE OF LIABILITY INSURANCE
OATS (023 YYY
oslze/zz3RDO
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
CONTANAME: CT Marsh Affinity
Marsh Affinity
PHONE Ex[: 80GT4381M =, No:
E-MAIL pDPTotalSource@marsh.com
ADDRESS:
a division of Marsh USA LLC.
PO BOX 14404
INSURER(S) AFFORDING COVERAGE
NAIC#
Des MOlnee, IA 503069686
INSURER A: New Hampshire Insurance Co.
23841
INSURED
INSURERS:
INSURER C:
ADP TolaGource NH XXVIII, Inc.
INSURER D:
5800 Windward Parkway
Alpha.", GA 30005
Alternate Employer:
INSURER E:
INSURER F:
Invengo American Corp
536 SILICON DRIVE STE 100
Southlake, TX 760920000
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
INSR
LTR
TYPEOFINSURANCE
ADDL
INSD
UBR
WVD
POLICY NUMBER
POLICYEFF
(MMMDIYYYY)
POUCYEXP
(MMIDDIYYYY)
LIMITS
COMMERCIALGENERAL LIABILITY
CLAIMS -MADE ❑OCCUR
EACH OCCURRENCE
It
DAMAGETO RENTED
PREMISES (Ea occurrence)
$
MED EXP (Any one person)
$
PERSONAL&ADV INJURY
$
GEN'L
AGGREGATE LIMIT APPLIES PER:
POLICY ❑JECT r]LOC
OTHER:
GENERALAGGREGATE
It
PRODUCTS AGG
IO
$
$
AUTOMOBILE LIABILITY
ANY AUTO
OWNED SCHEDULED
AUTOS ONLY AUTOS
HIRED NON -OWNED
AUTOS ONLY AUTOS ONLY
H
I
COMBINED SINGLE LIMIT
Ea accident
$
BODILY INJURY (Per person)
$
BODILY INJURY (Per accident)
$
PROPERTY DAMAGE
Per accident
$
F_
8
UMBRELLA UABH
EXCESS LIAB
OCCUR
CLAIMS -MADE
EACH OCCURRENCE
$
AGGREGATE
$
DED1 I RETENTION$
$
A
WORKERS COMPENSATION
ANDEMPLOYERS LIABILITY YIN
ANYPROPRIETOR/PARTNERTEXEWTIVE ❑
OFFICE"EMBER EXCLUDED?
(Mandatory In NH)
R yes, describe under
DESCRIPTION OF OPERATIONS below
NIA
WC 034275014 TX
07/01/2023
0710112024
X STATUTE ER
E.L EACH ACCIDENT
$ 2,000,001)
EL DISEASE -EA EMPLOYEE
8 2JXO,000
E.L. DISEASE -POLICY LIMIT
$ 2.0=000
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORO 1DI, Additional Remarks Schedule, may be attached if more space Is requiredl
All wcrksits employees working for Invengo American Corp paid under ADP TOTALSOURCE, INC.'s payroll,
are covered under the above slated policy. Invengo American Carp is an alternate employer under this
policy.
City of Santa Ana
Risk Management Division
20 Civic Center Plaza
Santa Ana, CA 92702
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REFRESGNIAIIVE
The ACORD name and logo are registered marks of ACORD
ar RWeMarugenenlDbislon
RENEWED 6 APPROVED BY:
® Rlsk Management Spectalut
BUSINESS LIABILITY COVERAGE FORM
2. Applicable To Medical Expenses Coverage
We will not pay expenses for "bodily injury":
a. Any Insured
To any insured, except "volunteer workers".
b. Hired Person
To a person hired to do work for or on behalf
of any insured or a tenant of any insured.
c. Injury On Normally Occupied Premises
To a person injured on that part of
premises you own or rent that the person
normally occupies.
d. 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.
e. Athletics Activities
To a person injured while practicing,
instructing or participating in any physical
exercises or games, sports or athletic
contests.
f. Products -Completed Operations Hazard
Included with the "products -completed
operations hazard".
g. Business Liability Exclusions
Excluded under Business Liability Coverage.
C. WHO IS AN INSURED
1. 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. Employees And Volunteer Workers
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 and
advertising 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), or 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 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 that "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 Paragraphs (1)(a) or
(b) above; or
(d) Arising out of his or her providing
or failing to provide professional
health care services.
If you are not in the business of
providing professional health care
services, Paragraph (d) does not apply
to any nurse, emergency medical
technician
you to prc
(2) "Property
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Page 10 of 24 Form SS 00 08 04 05
BUSINESS LIABILITY COVERAGE FORM
(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. Real Estate Manager
Any person (other than your "employee" or
"volunteer worker"), or any organization
while acting as your real estate manager.
c. Temporary Custodians Of Your
Property
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.
d. Legal Representative If You Die
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 insurance.
e. Unnamed Subsidiary
Any subsidiary and subsidiary thereof, of
yours which is a legally incorporated entity
of which you own a financial interest of
more than 50% of the voting stock on the
effective date of this Coverage Part.
The insurance afforded herein for any
subsidiary not shown in the Declarations
as a named insured does not apply to
injury or damage with respect to which an
insured under this insurance is also an
insured under another policy or would be
an insured under such policy but for its
termination or upon the exhaustion of its
limits of insurance.
3. Newly Acquired Or Formed Organization
Any organization you newly acquire or form,
other than a partnership, joint venture or
limited liability company, and over which you
maintain financial interest of more than 50% of
the voting stock, 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; and
4.
5.
6.
b. Coverage under this provision does not
apply to:
(1) "Bodily injury" or "property damage"
that occurred; or
(2) "Personal and advertising injury"
arising out of an offense committed
before you acquired or formed the
organization.
Operator Of Mobile Equipment
With respect to "mobile equipment" registered in
your name under any motor vehicle registration
law, any person is an insured while driving such
equipment along a public highway with your
permission. Any other person or organization
responsible for the conduct of such person is
also an insured, but only with respect to liability
ar sing out of the operation of the equipment, and
only if no other insurance of any kind is available
to that person or organization for this liability.
However, no person or organization is an insured
with respect to:
a. "Bodily injury" to a co -"employee" of the
person driving the equipment; or
b. "Property damage" to property owned by,
rented to, in the charge of or occupied by
you or the employer of any person who is
an insured under this provision.
Operator of Nonowned Watercraft
With respect to watercraft you do not own that
is less than 51 feet long and is not being used
to carry persons for a charge, any person is an
insured while operating such watercraft with
your permission. Any other person or
organization responsible for the conduct of
such person is also an insured, but only with
respect to liability arising out of the operation
of the watercraft, and only if no other
insurance of any kind is available to that
person or organization for this liability.
However, no person or organization is an
insured with respect to:
a. "Bodily injury" to a co -"employee" of the
person operating the watercraft; or
b. "Property damage" to property owned by,
rented to, in the charge of or occupied by
you or the employer of any person who is
an insured under this provision.
Additional Insureds When Required By
Written Contract, Written Agreement Or
Permit
The person(s) of
Paragraphs a. th
insureds when y
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Form SS 00 08 04 05 Page 11 of 24
BUSINESS LIABILITY COVERAGE FORM
contract, written agreement or because of a
permit issued by a state or political
subdivision, that such person or organization
be added as an additional insured on your
policy, provided the injury or damage occurs
subsequent to the execution of the contract or
agreement, or the issuance of the permit.
A person or organization is an additional
insured under this provision only for that
period of time required by the contract,
agreement or permit.
However, no such person or organization is an
additional insured under this provision if such
person or organization is included as an
additional insured by an endorsement issued
by us and made a part of this Coverage Part,
including all persons or organizations added
as additional insureds under the specific
additional insured coverage grants in Section
F. — Optional Additional Insured Coverages.
a. Vendors
Any person(s) or organization(s) (referred to
below as vendor), 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 and only if this Coverage Part
provides coverage for "bodily injury" or
"property damage" included within the
"products -completed operations hazard".
(1) The insurance afforded to the vendor
is subject to the following additional
exclusions:
This insurance 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;
(a) 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;
(f) Demonstration, installation,
servicing or repair operations,
except such operations performed
at the vendor's premises in
connection with the sale of the
product;
(g) Products which, after distribution
or sale by you, have been labeled
or relabeled or used as a
container, part or ingredient of any
other thing or substance by or for
the vendor; or
(h) "Bodily injury" or "property
damage" arising out of the sole
negligence of the vendor for its
own acts or omissions or those of
its employees or anyone else
acting on its behalf. However, this
exclusion does not apply to:
(1) The exceptions contained in
Subparagraphs (d) or (f); or
(ti) 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.
b. Lessors Of Equipment
(1) Any person or organization from
whom you lease equipment; but only
with respect to their liability for "bodily
injury", "property damage" or
"personal and advertising injury"
caused, in whole or in part, by your
maintenance, operation or use of
equipment leased to you by such
person of
+ RhkMOugemmtDMs[m
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® Risk Management Specialist -
Page 12 of 24 Form SS 00 08 04 05
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