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HomeMy WebLinkAboutMOBILE MODULAR MANAGEMENT CORPORATION (MCGRATH RENTCORP)INSURANCE ON FILE WORK MAY PROCEED N-2025-008 UNTIL INSURANCE EXPIRES J 21 zc clTr a x DIN 15 26n o PO L i AGREEMENT WITH MOBILE MODULAR MANAGEMENT CORPORATION, A t �qty e S ,ems o� b DIVISION OF McGRATH RENTCORP., TO CONSTRUCT MOBILE MODULAR CLASSROOM UNITS ON BEHALF OF THE SANTA ANA POLICE DEPARTMENT THIS AGREEMENT is made and entered into on this 6' day of January, 2025 by and between Mobile Modular Management Corporation, a division of McGrath RentCorp and a California corporation ("Contractor" or "Seller"), 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" or "Buyer"). RECITALS A. The City desires to retain a Contractor having special skill and knowledge in the field of construction of mobile modular units. B. Contractor represents that it is able and willing to construct mobile modular units to the City and was selected for engagement upon review by City staff of an awarded contract in response to Sourcewell RFP Contract #120822, with the State of Minnesota. C. hi undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any construction services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional contractor in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES a. 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 Quote #Q- 482087, attached hereto as Exhibit A, and incorporated by reference. b. Parties agree and understand that Site Locations (the "Site" as defined in Section 3 of Exhibit A) for the construction of the mobile modular classrooms shall be confirmed and agreed upon, in writing, by the City/SAPD staff, which shall be incorporated by reference into the terms of this Agreement. c. Contractor shall comply with all applicable Federal Regulations and Federal Contract Provisions detailed in Exhibit B, attached hereto and incorporated by reference. 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 to be expended Page 1 of 10 #2003115vl during the tern of this Agreement shall not exceed $249,020.88. This includes a base amount of $228,458.88 and a contingency amount of $20,562 to cover any additional expenses as directed by, and in the sole discretion of City/SAPD staff. b. Consistent with Section 2 of Exhibit A, City agrees to pay Contractor twenty five percent (25%) of the Purchase Price upon execution of the Agreement; sixty five percent (65%) no fewer than two days prior to the scheduled delivery date; and the remaining ten percent (10%) within forty five (45) days of substantial completion (substantial completion does not include punch list items). In addition to the Purchase Price, City shall pay such charges as are attributable to circumstances related to the delivery, drop-off and relocation of Equipment. c. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. City and Contractor agree that all payments due and owing under this Agreement shall be made through Automated Clearing House (ACH) transfers. Contractor agrees to execute the City's standard ACH Vendor Payment Authorization and provide required documentation. Upon verification of the data provided, the City will be authorized to deposit payments directly into Consultant's account(s) with financial institutions, 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. QMMERMWIiM This Agreement shall commence on the date fast written above for a one-year term, unless terminated earlier in accordance with Section 17, below. 4. PREVAILING WAGES Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, 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. If the services being performed are part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor 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. 5. 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 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 Contractor performs the services which are the subject matter of this Agreement; however, the services to be Page 2 of 10 #2003115v1 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. 6. OWNERSI3IP 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 Contractor under this Agreement ("Documents & Data"). Contractor 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. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data which were provided to Contractor 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. 7. INSURANCE Contractor shall procure and maintain for the duration of the agreement, the following insurance coverages: MINIMUM SCOPE AND LIMIT OF INSURANCE Contractor shall maintain limits of insurance coverage in the following minimum amounts and shall be at least as broad as: 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 and $2,000,000 aggregate. • Automobile Liability (AL): Insurance Services Office Form CA 00 01 covering Code 1 (any auto), with combined single limits of $1,000,000. In the event Contractor does not maintain cornmercial automobile liability insurance, City will accept evidence of personal automobile insurance with existing limits, which can be lower than $1,000,000. Workers' Compensation (W/C): 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, per employee, per policy for bodily injury or disease. This requirement can be waived if Vendor has no employees. Page 3 of 10 #2003115v1 Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions: 1. CGL and AL policies: City of Santa Ana, its City Council, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds with respect to liability arising out of work or operations performed by or on behalf of the Permittee including materials, parts, equipment, and personnel furnished in connection with such work or operations. 2. All required insurance policies: Insurance company(ies) agrees 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 arise from work performed by Permittee for City. 3. All required insurance policies: For any claims related to this contract, Permittee's insurance coverage shall be primary and any insurance maintained by City, its City Council, its officers, officials, employees, agents, or volunteers shall not contribute with it. 4. All required insurance policies: A severability of interest provision must apply for all the additional insureds, ensuring that Permittee'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. Each insurance policy required 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 on each Evidence of Insurance certificate shall be: City of Santa Ana, Attention: Santa Ana Police Department, 60 Civic Center Dr., Santa Ana, CA 92701. The name and location of event should be included in the Description of Operations section of each certificate. Self -Insured Retentions Self -insured retentions must be declared to and approved by the City. City may require Contractor 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. Acceptability of Insurers Insurance is to be placed with insurers authorized to conduct business in the state of California with a current A.M. Best rating of no less than A: VII, unless otherwise acceptable to City. Page 4 of 10 #2003115v1 Verification of Coverage Permittee shall furnish City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to Entity before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive Permittee's obligation to provide them. City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Claims Made Policies If any of the required policies provide coverage on a claims -made basis: The retroactive date must be shown and must be before the date of the contract or the beginning of work. 2. Insurance must be maintained and evidence of insurance must be provided for at least three (3) years after completion of work. 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, Company must purchase "extended reporting" coverage for a minimum of three (3) years after completion of work. Subcontractors Contractor shall require and verify that all sub -contractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from sub -contractors. 8. INDEMNIFICATION Contractor 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 third party claims for personal injury, including death, and third party claims for property damage, which in any case 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 1 of this Agreement; and (2) from any third party claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of Contractor's negligent or intentional misconduct. 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. The Contractor further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including reasonable fees and costs for special counsel to be selected by the City, regarding any action by a third party asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief Page 5 of 10 #2003115vl due to personal or property rights arises by reason of Contractor's negligence or intentional misconduct in performing the terns 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 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 Contractor. 9. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant 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 reasonable costs, contained in the work product or documents provided by Contractor to the City pursuant to this Agreement. 10. RECORDS 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 reasonably identifiable. At City's written request, Contractor shall allow a representative of the City to examine, audit, and snake transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours for the limited purpose of ensuring proper billing and invoicing under this Agreement; provided, however, that City shall not have access to Contractor's proprietary, privileged, or confidential information not relevant to determining billing and invoicing (as reasonably determined by Contractor). Contractor shall allow such 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. 11. CONFIDENTIALITY If Contractor receives from the City information which due to the nature 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. Notwithstanding the foregoing, Contractor may disclose any of the information described in this Section: (i) to Contractor's or its parent, attorneys, professionals and consultants engaged by Contractor or its parent, to the extent such information is necessary for the procurement and/or performance of their work, or (ii) pursuant to any judicial or governmental Page G of 10 #2003115v1 requirement or order or as otherwise required under applicable law. 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 Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City. 12. CERTIFICATIONS The funds used to pay for this Agreement will be partly comprised of federal grant funds. Consultant agrees and understands that it will comply with the terns of the Certifications attached hereto as Exhibits B and C, incorporated by reference into this Agreement. Consultant is referenced as Contractor in Exhibits B and C. Consultant shall keep itself inforned of all City, State and Federal laws and regulations which may, in any manner, affect the performance of it services pursuant to this Agreement. Consultant shall at all times, observe and comply with all such laws and regulations. City and its officers and employees shall not be liable at law or in equity by reason of the failure of the Consultant to comply with this paragraph. 13. CONFLICT OF INTEREST CLAUSE Contractor 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. 14. NON-DISCRIMINATION Contractor 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. Contractor 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 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 conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of 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. 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. Page 7 of 10 #2003115vl 16. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, neither party may assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the other party and any such assignment, transfer, delegation or subcontract without the non -assigning party'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 Contractors retained by City. 17. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. hi such event, Contractor 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 in accordance with the terms of the Sale Agreement attached hereto as Exhibit A. subject to the following conditions a. As a condition of such payment, the Executive Director may require Contractor 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 Contractor consents to the City's use thereof for such purposes as the City deems appropriate; provided, however, that title to the Equipment being sold by Contractor and purchased by the City shall not transfer until the full Purchase Price for the Equipment has been paid in accordance with the terms 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. Page 8 of 10 #2003115vt 20. PROFESSIONAL LICENSES Contractor 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. 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. 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 cormnunication in the manner provided in this Section, to the following persons: To City: City Cleric 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: Chief of Police 60 Civic Center Drive Santa Ana, California 92701 To Contractor: McGrath Rent Corp Dba Mobile Modular Management Corp Attn: Dana Johnson 5700 Las Positas Road Livermore, CA 94551-7806 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. Page 9 of 10 #2003115v1 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, subject to the provisions of Section 14, above. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: LO APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: lam T,f3b7dOSMN Senior Assistant City Attorney RECOMMENDED FOR APPROVAL: ROBERT RODRIGUI Aetiag Chief of Police CITY OF S A ANA 40 GY?.J ALVARO NUNEZ City Manager MOBILE MODULAR MANAGEMENT CORPORATION, A DIVISION OF MCGRATH RENT CORP RS nAN SWINDELL Regional Sales Manager Page 10 of 10 #2003115v1 mobil modular P. Your Aviect - Our Commitment Mobile Modular Management Corporation a Division of McGrath RentCorp 11450 Mission Blvd. Mira Loma, CA 91752 Phone: (951) 360-6600 www. mob i t emod u l a r. com EXHIBIT A QUOTE #Q-482087 Sale Agreement Contract: 220041782.1 Date Printed: 12/04/2024 Scope of Services and Compensation [See following Sale Agreement] �R:-Mobile Mobile Modular Management Corporation a Sale Agreement Division of McGrath RentCorp Contract: 220041782.1 Date mobile 11450 Mission Blvd. Printed:12/04/2024 modular ,• Mira Loma, CA91752 Your woird- Out co"'MAMW Phone: (951) 360-6600 www.mobilemodular.com Classroom, 24x40 DSA II (Item2001) 1 $89,048.00 $89,048.00 Y Right Hand Door Configuration Tackboard interior. 1 Door 2 Window Min Classroom built in 2019 & Includes DSA ramp. Classroom, 24x40DSA II (Item2001) 1 $89,048.00 $89,048.00 Y Right Hand Door Configuration Tackboard interior. 1 Door 2 Window Min Classroom built in 2019 & Includes DSA ramp. Classroom, 24x40 DSA 11 (Item2001) Block and Level Building (135) (PW) Prevailing Wage Cart. Payroll Delivery Haulage Lowboy 12 wide Delivery Haulage Permit 12 wide Lowboy Delivery Haulage Pilot 12 wide Lowboy Essential Material Handling Fee Fee, License or Registration for Sale Modification (In House) Wood Foundation Material Payment and Performance Bond Classroom, 24x40 DSA II (Item2001) Block and Level Building (135) (PW) Prevailing Wage Cert. Payroll Delivery Haulage Lowboy 12 wide Delivery Haulage Permit 12 wide Lowboy Delivery Haulage Pilot 12 wide Lowboy Essential Material Handling Fee Fee, License or Registration for Sale Modification (In House) Wood Foundation Material Payment and Performance Bond Qty Charge Each Total One Time Taxable $5,900.00 $5,900.00 N $1,259.00 $2,518.00 N $209.00 $418.00 N $565.00 $1,130.00 N $75.00 $150.00 N $2,671.44 $2,671.44 N $2,990.00 $2,990.00 Y $890.48 $890.48 N $5,900.00 $5,900.00 N $1,259.00 $2,518.00 N $209.00 $418.00 N $565.00 $1,130.00 N $75.00 $150.00 N $2,671.44 $2,671.44 N $2,990.00 $2,990.00 Y $890.48 $890.48 N Total Sales Price Including Tax: $228,458.87111 Special Notes Additional Notes: Mobile Modular Sourcewell Contract # 120822-MMR. (2) Used 24x40 Modular Classroom units, sale price using standard Sourcewell pricing (-) minus MM used building Discount. All one-time charges including delivery, installation, Mobile Modular Management Corporation a Sale Agreement Division McGrath RentCorp mobile 11450 Mission Contract: 220041792.1 Dateion Blvd. Printed: 12/04/2024 modular µ Mira Loma, CA91752 your aroimt- Our [ommitment Phone: (951) 360-6600 www.mobilemodular.com permits, registration fees, etc., was priced using RSMeans plus 17% markup. Pricing is per Mobile Modular's Sourcewell Contract. Block/Level: Price assumes building is installed using Mobile Modular standard foundation. Mobile Modular assumes installation on the minimum foundation design criteria/tolerances. For DSA buildings, it is assumed building will be installed on the minimum amount of foundation lumber per the applicable DSA approved stockpile drawings and site will not exceed 4-1/2" out of level.Additional material and labor charges apply for installing buildings above minimum foundation design criteria, raising buildings to meet specific finish floor elevations, raising building level to adjacent buildings, landings, walkways, transitions, etc. Special Terms & Important Contractual Information • Prices will be adjusted for unknown circumstances, e.g, driver waiting time, pilot car requirements, special transport permits, difficult site, increase in fuel price, etc. Customer's site must be dry, compacted, level and accessible by normal truck delivery. Unless noted, prices do not include permits, ramps, stairs, seismic foundation systems, temporary power, skirting, engineering, taxes or utilities or related installation of same. • This transaction is subject to credit approval. Security deposit or payment in advance may be required. Security deposit will be applied against account balance at the end of the contract. • Contract subject to terms & conditions attached and made a part of this agreement by reference herein. Customer acknowledges that he/she has received and read and affirms that he/she is duly authorized to execute and commit to this agreement for the above named customer. Unless otherwise noted, prices do not include prevailing wages, Davis -Bacon wages, or other special or certified wages. .,giftilil. Mobile Modular Management Corporation a Sale Agreement Division of McGrath RentCorp Contract: 220041782.1 Date m o b i l e 11450 Mission Blvd. modular Mira Loma, CA 91752 Printed: 12/04/2024 Your Pmierr-our [ommionenr Phone: (951) 360-6600 www.mobilemodular.com The Sale Agreement is subject to the Supplemental Sale Terms and Conditions, which are hereby incorporated by reference in their entirety, as updated from time to time by Seller, in its sole discretion, and can be viewed in the Resources section of Seller's website at (littps://www.inobi lemodulaccom/contraettenns). The Buyer hereby affirms that he/she has read in its entirety and understands the Supplemental Lease Terms and Conditions. sign below_ and fax or email this dnroment to The fax numher chnwn above or the email address you received the document from. The parties hereto, Mobile Modular Management Corporation, a California corporation, as seller ("Seller") and buyer ("Buyer", as described in the Sale Agreement in the section titled "Customer Information") hereby agree to this Sale Agreement and the terms and conditions set forth in the Sale Terms and Conditions, attached hereto as Attachment A, which are hereby incorporated by reference. The individual signing this Sale Agreement affirms that he/she is duly authorized to execute and commit to this Sale Agreement for the above named Sale. SELLER: Signature: Print Name: Title: Date: Mobile Modular Management Corporation a Division of McGrath RentCorp BUYER= Santa Ana Police Department //� Signature: Print Name: P)mL-T (ZUX2 fit./ GtA Title: CHICY of PDt-i Ce Date: ATTACHMENT A SALE TERMS AND CONDITIONS 1. SALE. Seller sells to Buyer, and Buyer purchases from Seller, the equipment listed on the Sale Agreement hereto ("Equipment") on the terms and conditions set forth herein. Each such Sale Agreement ("Agreement"), and the sale provisions on the Seller's website at (https://www.MobileModtilu.com/ContraetTerins) (the "Incorporated Provisions"), to which are incorporated by reference into the Agreement, shall constitute a separate and independent sale (a "Sale") of the Equipment listed in such Agreement under "Product Information". In the event of a conflict between this Agreement and Buyer's contract, purchase order or other document, the terms of this Agreement shall prevail. 2. TIME PAYMENT; TITLE RETENTION. (a) PURCHASE PRICE. The aggregate amount of the purchase price (the "Purchase Price") is set forth in the Sale Agreement. Unless otherwise specified in writing, Buyer agrees to pay Seller twenty five percent (25%) of the Purchase Price upon execution of the Agreement; sixty five percent (65%) no fewer than two days prior to the scheduled delivery date; and the remaining ten percent (100%) within forty five (45) days of substantial completion (substantial completion does not include punch list items). In addition to the Purchase Price, Buyer shall pay such charges as are attributable to circumstances related to the delivery, drop-off and relocation of Equipment- (b) TITLE/RETENTION. Title to the Equipment shall not pass to Buyer before the entire Purchase Price has been paid to Seller. Upon Seller's receipt of payment in full of the Purchase Price, title to the Equipment shall transfer to Buyer, free and clear of all encumbrances arising by or through Seller. All payments due from Buyer pursuant to the terms of the Sale Agreement shall be made without any abatement or set off of any End, arising from any cause. 3. CANCELLATION. All sales are final and non-refundable upon delivery of the Equipment to Buyer's site location. Any requests to cancel or reschedule orders prior to delivery may or may not be accepted in Seller's sole discretion and must be agreed upon by Seller in writing. Without waiving any of its rights, Seller is entitled to recover its costs incurred and profits lost as a result of Buyer's cancellation or rescheduling of an order. A cancellation fee may be assessed against Buyer. In no event shall such fee exceed the full value of the Sale Agreement. If Buyer has made down payment(s) to Seller prior to cancellation and the cancellation fee is less than the amount(s) already paid, Seller shall deduct the amount of the cancellation fee from any refund that may be owed to Buyer. If down payment amount(s) already made are less than the cancellation fee, Seller shall apply the full down payment amount(s) to the payment of the cancellation fee and Buyer will pay Mobile Modular Management Corporation a Sale Agreement Division of McGrath RentCorp mobile 11450 Mission Blvd. Contract: 1Date modular Mira Loma, CA 91752 Printed: 12/04/2024 Your ftiert- our commitment Phone: (951) 360-6600 www.mobilemodular.com the remaining cancellation fee balance within ten (10) business days after receiving written notice of the balance due. If no down payment has been made by Buyer at the time of cancellation, Buyer shall pay to Seller the entire cancellation balance within ten (10) business days of receipt of written notice from Seller stating the cancellation fee balance that is due. 4. DELIVERY AND PLACEMENT OF EQUIPMENT. Seller agrees to deliver the Equipment to the site location listed on the Sale Agreement (the "Site"). Buyer warrants and represents that it has exercised due diligence and care in selecting a suitable site for the Equipment, shall clearly mark the site of placement and shall direct Seller on exact placement and orientation of the Equipment. Upon request from Buyer and for an additional fee, Seller will perform a site visit and make recommendations on placement as it relates to site accessibility and layout. Buyer further warrants that the Site will have (1) safe access free from encumbrances; (2) a level pad, which is hereby defined as having no greater than a 4-inch drop in 40 feet (length) and no greater than a 1-inch drop in 8 feet (width); and (3) adequate soil bearing pressure of not less than 1500 psf, except in the state of Florida, where the mininmm soil bearing pressure is 2000 psf. Following delivery, Seller will remove all Seller -owned Equipment such as plywood, tools, etc. prior to or at the time of building acceptance. Buyer is responsible for all necessary permits, utility hookups, and Site preparation. 5. INSPECTION AND ACCEPTANCE. Following delivery and setup of the Equipment, Buyer shall inspect the Equipment within forty eight (48) hours of substantial completion and provide immediate written notice to Seller specifying defects, if any, which Buyer observes. If Buyer fails to provide such notice within four (4) days following substantial completion of the project, it shall be conclusively presumed between Buyer and Seller that Buyer has inspected the Equipment and that all Equipment is in conformance with the Agreement and has been accepted by Buyer. 6. BUYER AGREEMENTS. Buyer agrees that Seller may insert in the Agreement, the serial number and other identification data relating to the Equipment when ascertained by Seller. 7. LOSS OR DAMAGE. All risk of loss or damage to the Equipment shall transfer to Buyer upon delivery of the Equipment to the site location. Buyer agrees to indemnify and hold Seller harmless from any loss resulting from the theft, destruction or damage to the Equipment. The cost of any required repairs shall be home by Buyer. Any loss of or damage to the Equipment shall not alleviate Buyer's obligation to pay Seller any remaining balance of the Purchase Price existing at the time of the loss. 8. INSURANCE. Upon delivery of the Equipment and until Buyer has paid for the Equipment in full, Buyer shall provide, maintain, and pay all premiums for property insurance covering the loss, theft, destruction, or damage to the Equipment in an amount not less than the full replacement value and will name Seller as loss payee of the proceeds, unless Buyer has paid Seller the entire purchase price in full prior to the scheduled delivery of the Equipment. This coverage will extend to all property of Seller located at the delivery site during the installation. Upon receipt of the proceeds of any insurance, Seller will refund to Buyer any amounts in excess of the balance due Seller by the Buyer in fulfilling the obligations specified herein. Notwithstanding the above, Buyer shall also provide, maintain, and pay all premiums for general liability insurance in the amount of S1,000,000.00 (one million dollars) and name Seller as an additional insured. All insurance shall be with a company having an A.M. Best rating of A- or better, and shall not be subject to cancellation without thirty (30) days prior written notice to Seller. Buyer shall deliver to Seller insurance certificates, or evidence of insurance proving the existence of policies meeting the above requirements, upon execution of the Agreement Seller may require Buyer's insurance carrier to be licensed to do business in the state where the Equipment is being sold. Buyer's obligation to provide said insurance will cease once Equipment has been paid for in full and pursuant to Section 2. AlIT111PI :I:L1IIli R1Hgddi!IIaMAIIelk, Buyer hereby waives and releases all claims against Seller for (i) loss of or damage to all property, goods, wares and merchandise in, upon or about the Equipment and (ii) injuries to Buyer, Buyer's agents and third persons. Seller shall not be liable for any consequential, incidental, or special damages of any kind (including, but not limited to damages for loss of use or of profit by Buyer or any other party; or for any collateral damages), except to the extent caused by Seller's negligence or delay, which may result from or arise in connection with the manufacture, delivery, installation, checkout or use of the Equipment or in connection with the services rendered by Seller hereunder. 49-. TERMINATION FOLLOWING BREACH. In the event (a) of bankruptcy or insolvency of Buyer, or in the event any proceeding is brought by or against Buyer voluntarily or involuntarily, under the provisions of the Bankruptcy Code of the United States, for the appointment of a receiver or trustee or any assignment for the benefit of creditors of Buyer, or (b) that Buyer fails to make timely payments, or perform any of its other obligations, under the Agreement, and such failure or default is not cured within ten (10) days after written notice of such failure or default is provided by Seller, the Agreement automatically shall be terminated in the case of any event described in clause (a) above and may be terminated by Seller in the case of any event described in clause (b) above and, upon such termination, full payment pursuant to the terms of the Agreement shall become immediately due and payable from Buyer. In the event of any such breach or termination, Seller shall have all rights provided by law and under the terms and conditions of the Agreement, including but not limited to: repossession and disposal of the Equipment (and, if any personal property shall remain located in the Equipment at such time, Buyer consents to Sellers possession and disposal or destruction of such personal property without notice or accounting to Buyer) and recovery of attorney's fees and other reasonable costs and expenses associated with any breach or termination (including any such disposal or destruction), shall be reimbursed by Buyer on ram..,.,..:_c.,�,._s^a..,......q.....��:...:.._...._..._;..:....:..:.�:..:.:..._...:.:...:. ., . Illooft. Mobile Modular Management Corporation a Sale Agreement Division of McGrath RentCorp Contract: 220041782.1 Date m o b i l e 11450 Mission Blvd. Printed: 12/04/2024 modularp Mira Loma, CA 91752 Phone:(951)360-6600 Your t'ml rrr -Our CommNnMt demand of Seller. www.mobilemodular.com 11. SELLER'S EXPENSES. Buyer shall pay Seller all costs and expenses, including reasonable attorneys' fees, incurred by Seller in exercising any of the terns, conditions or provisions of the Agreement. 12. LICENSE AND TRANSFER FEE(S). If so listed on the Sale Agreement, the Purchase Price includes license and/or transfer fees. Buyer will be billed directly by the State for future annual license fees where applicable. 13. COMPLIANCE WITH LAW. Buyer assumes all responsibility for any and all licenses, clearances, permits and other certificates as may be required for Buyer's lawfid operation, use, possession and occupancy of the Equipment. Buyer agrees to fully comply with all laws, rates, regulations and orders of all local, state and federal governmental authorities which in any way relate to the Equipment; and to indemnify and hold Seller harmless from any and all fines, forfeitures, seizures, penalties or other liabilities that may arise from any infringement or violation of any such law, rate, regulation or order. 44 FEDERAL CONTRACTOR. As a federal contractor, Seller's contracts are subject to the provisions of (i) Executive Order 11246, (41 CFR 60-1.4); (ii) section 503 of the Rehabilitation Act of 1973, (41 CFR 60-741.5(a); and (iii) section 4212 of the Vietnam Era Veterans Readjustment Act of 1974, (41 CFR 60-300.5(a). Seller shall abide by the requirements of 41 CFR 60- 741.5(a) and 41 CFR 60-300.5(a). These regulations prohibit discrimination against qualified individuals on the basis of disability, and qualified protected veterans, and require affirmative action by covered prime contractors and subcontractors to employ and advance in employment qualified individuals with disabilities, and qualified protected veterans. 1F' 1i416Y401211WAII-[ 11R (a) MODIFICATIONS AND AMENDMENTS. Representations and warranties made by any person, including agents and representatives of Seller, which we inconsistent or conflict with the terms of the warranty contained in Section 1 of the Incorporated Provisions on the website (including but not limited to the liability of Seller as set forth above) shall not be binding upon Seller unless reduced to writing and approved by an officer of Seller. Notwithstanding the foregoing, from time to time, Buyer or Seller may request modifications to the scope of work hereunder, which at the sole option of the Seller may be accepted and thus alter the final price stipulated herein. These changes in scope will be deemed approved by Buyer when evidence of work performance is presented by Seller. (b) NO WAIVER. Failure of Seller to enforce any term or condition of the Agreement shall not constitute waiver of any rights stipulated herein, nor shall it in any manner affect the rights of Seller to enforce any of the provisions stated herein. Waiver by Seller of any provision of the Agreement shall be valid only as provided in subsection (a) above and only with respect to the specific matter to which such waiver relates. (c) If the law of the State of North Carolina shall apply to the Agreement, the Sale does not constitute a "construction contract" or otherwise relate to the improvement of real estate or the design, planning, construction, alteration, repair or maintenance of a building, structure or appurtenance. 16. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between Seller and Buyer regarding the subject matter hereof. If any part of the Sale Agreement is found to be invalid or illegal, Buyer and Seller agree that only the invalid or illegal portion of the Agreement will be eliminated. Sale Terms and Conditions, Rev. 0822/16 r �! Mobile Modular Management Corporation a Sale Agreement Division of McGrath RentCorp Contract: 220041782.1 Date mobile 11450 Mission Blvd. Printed: 12/04/2024 modular P. Mira Loma, CA91752 rout Pmiect - Our Commitment Phone: (951) 360-6600 www.mobilemodL[Iar.com Exhibit B — Federal Regulations a. Federal Regulations — Recipient must comply with the government cost principles, uniform administrative requirements and audit requirements for federal grant program housed within Title 2, Part 200 of the Code of Federal Regulations. b. Debarment and Suspension — As required by Executive Orders 12549 and 12689, and 2 CFR §200.214 and codified in 2 CFR Part 180, Recipient must provide protection against waste, fraud, and abuse by debarring or suspending those persons deemed irresponsible in their dealings with the Federal government. C. Audit Records — With respect to all matters covered by this agreement all records shall be made available for audit and inspection by CITY, the grant agency and/or their duly authorized representatives for a period of three (3) years from the date of submission of the final expenditure report by the City of Santa Ana. For a period of three years after final delivery hereunder or until all claims related to this Agreement are finally settled, whichever is later, Recipient shall preserve and maintain all documents, papers and records relevant to the services provided in accordance with this Agreement, including the Attachments hereto. For the same time period, Recipient shall make said documents, papers and records available to City and the agency from which City received grant funds or their duly authorized representative(s), for examination, copying, or mechanical reproduction on or off the premises of Recipient, upon request during usual working hours. d. Reports — Recipient shall provide to City all records and information requested by City for inclusion in quarterly reports and such other reports or records as City may be required to provide to the agency from which City received grant funds or other persons or agencies. e. Section 504 of the Rehabilitation Act of 1973 (Handicapped) — All recipients of federal funds must comply with Section 504 of the Rehabilitation Act of 1973 (The Act). Therefore, the federal funds recipient pursuant to the requirements of The Act hereby gives assurance that no otherwise qualified handicapped person shall, solely by reason of handicap be excluded from the participation in, be denied the benefits of or be subject to discrimination, including discrimination in employment, in any program or activity that receives or benefits from federal financial assistance. The Recipient agrees it will ensure that requirements of The Act shall be included in the agreements with and be binding on all of its contractors, subcontractors, assignees or successors. f. Americans with Disabilities Act of 1990 — (ADA) Recipient must comply with all requirements of the Americans with Disabilities Act of 1990 (ADA), as applicable. g. Political Activity —None of the funds, materials, property, or services provided directly or indirectly under this agreement shall be used for any partisan political activity, or to further the election or defeat of any candidate for public office, or otherwise in violation of the provisions of the "Hatch Act". h. No Lobbying — Recipient will comply with all applicable lobbying prohibitions and laws, including those found in the Byrd Anti -Lobbying Amendment (31 U.S.C. 1352, et seq.), and agrees that Mobile Modular Management Corporation a Sale Agreement Division of McGrath RentCorp Contract: 220041782.1 Date mobile 11450 Mission Blvd. modular P. Mira Loma, CA 91752 Printed:l2/04/2024 Your Project -Our Commitment Phone: (951) 360-6600 www. mobi lemodular.coin none of the funds provided under this award may be expended by the Recipient to pay any person to influence, or attempt to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any federal action concerning the award or renewal of any federal contract, grant, loan, or cooperative agreement. i. Non -Discrimination and Equal Opportum —Recipient will comply, and all its contractors (or subrecipients) will comply, with Title VI of the Civil Rights Act of 1964, as amended; Section 504 of the Rehabilitation Act of 1964, as amended; Subtitle A, Title If of the Americans with Disabilities Act (ADA) (1990); Title IX of the Education Amendments of 1972; the Age Discrimination Act of 1975, as amended; Drug Abuse Office and Treatment Act of 1972, as amended; Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970, as amended; Section 523 and 527 of the Public Health Service Act of 1912, as amended; Title VIII of the Civil Rights Act of 1968, as amended; Department of Justice Non -Discrimination Regulations, 28 CFR Part 42, Subparts C, D, E, and G; and Department of Justice regulations on disability discrimination, 28 CFR Part 35 and 39. In the event a Federal or State court, Federal or State administrative agency, or the Recipient makes a finding of discrimination after a due process hearing on the grounds of race, color, religion, national origin, sex, or disability against a recipient of funds, the Recipient will forward a copy of the findings to CITY which will, in turn, submit the findings to the Office of Civil Rights, Office of Justice Programs, U.S. Department of Justice. If applicable, recipient will comply with the equal opportunity clause in 41 C.F.R. 60-1.4(b) in accordance with Executive Order 11246 as amended by Executive Order No. 11375. j. Equal Employment Opportunity rtunity — Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of the Executive Order 11246 of September 24, 1965, entitled "Equal Employment Opportunity," as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor regulations (41 CFR chapter 60), as applicable. k. Public Contracts Code — Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of the California Public Contract Code Section 10295.3, as applicable. 1. Copeland "Anti -Kickback" Act — Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of the Copeland "Anti -Kickback" Act (40 U.S.C. 3145) as supplemented in Department of Labor regulations (29 CFR Part 3), as applicable. in. Davis -Bacon Act — Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of the Davis -Bacon Act (40 U.S.C. 3141-3144 and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5), as applicable. n. Work Hours and Safety— Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 3702 and 3704) as supplemented by Department of Labor regulations (29 CFR Part 5), as applicable. o. Clean Air Act — Recipient will comply, and all its contractors (or subrecipients) will comply, with all applicable standards, orders or requirements issued under the Clean Air Act (42 U.S.C. 7401-7671q), and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as applicable. Mobile Modular Management Corporation a Sale Agreement Division of McGrath RentCorp Contract: 220041782.1 Date mobile 11450 Mission Blvd. Printed: 12/04/2024 modular P. Mira Loma, CA91752 9,w, P wect- Our Oam ianent Phone: (951)360-6600 www.mobilemodular.com P. Energy and Conservation — Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of the Energy Policy and Conservation Act (42 U.S.C. 6201), as applicable. q. Waste Disposal — Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act, as applicable. r. Patent Rights — Recipient agrees that the Department of Homeland Security shall have the authority to seek patent rights for any process, product, invention or discovery developed and paid for with funding through this Agreement based on the requirements of 37 CFR§ 401 and any other implementing regulations, as applicable. S. Copyright — Recipient may copyright any books, publications or other copyrightable materials developed in the course of or under this Agreement. However, the federal awarding agency, State Administrative Agency (SAA) and City reserve a royalty -free, non-exclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for federal government, SAA and/or City purpose: (1) the copyright in any work developed through this Agreement; and (2) any rights of copyright to which the subcontractor purchases ownership with support through this grant. The Federal government's, SAA's and City's rights identified above must be conveyed to the publisher and the language of the publisher's release form must ensure the preservation of these rights. t. Equal Em llooyment in Construction Contracts — Pursuant to Equal Employment Opportunity requirements of 41 C.F.R. 60-1.4(b) in accordance with Executive Order 11246 as amended by Executive Order No. 11375, as to any construction contract thereunder, if applicable, during the performance of this contract, the contractor agrees as follows: (1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (3) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment Mobile Modular Management Corporation a Sale Agreement mobile Division of McGrath RentCorp Contract: 220041782.1 Date modular 11450 Mission Blvd. Mira Loma, CA 91752 Printed: 12/04/2024 Your rmim-our commkMenf Phone: (951) 360-6600 www. mobil emodu larxom without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. (3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. (4) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (5) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (6) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (7) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (8) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any ,-41400—b Mobile Modular Management Corporation a Sale Agreement Division of McGrath RentCorp Contract: 220041782.1 Date mobile 11450 Mission Blvd. Printed:12/04/2024 modular Mira Loma, CA91752 Vum Project - our Commdment Phone: (951) 360-6600 subcontra(Av6'f&AffWb�ff8?Ts the administering agent such provisions, including sanctions for noncompliance. U. Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment — Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements under Uniform Guidance 2 CFR §200.216. Recipient will comply with FEMA Policy 405- 143-1, Prohibitions on Expending FEMA Award Funds on Covered Telecommunications Equipment or Services (Interim), which prohibits grant recipients and subrecipients from obligating or expending loan or grant funds to procure or obtain, extend or renew a contract to procure or obtain, or to enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115-232, section 889, covered telecommunications equipment: (1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). (2) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities). (3) Telecommunications or video surveillance services produced by such entities or using such equipment. (4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. V. Domestic Preferences for Procurements/Subcontracts — Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements under Uniform Guidance 2 CFR §200.322. Recipient shall comply with the federal and recipient standards in the award of any subcontracts. For purposes of this Agreement, subcontracts shall include but not be limited to purchase agreements, rental or lease agreements, third party agreements, consultant service contracts and construction subcontracts. Recipient shall ensure that the terms of this Agreement with the CITY are incorporated into all Subcontractor Agreements. The recipient shall submit all Subcontractor Agreements to the CITY for review prior to the release of any funds to the Mobile Modular Management Corporation a Sale Agreement Division of McGrath RentCorp Contract: 220041782.1 Date mobile 11450 Mission Blvd. Printed:12/04/2024 modular Mira Loma, CA91752 Your PmiW- our commitment Phone: (951) 360-6600 subcontractor.'MT88io?A4Ia`19%ithhold funds to any subc with the terms and conditions of this Agreement and their respective Subcontractor Agreement. (1) Recovered Materials Recipient shall make maximum use of products containing recovered materials that are EPA - designated items unless the product cannot be acquired competitively within a timeframe providing for compliance with the contract performance schedule; Meeting contract performance requirements; or at a reasonable price. Information about this requirement, along with the list of EPA -designated items, is available at EPA's Comprehensive Procurement Guidelines webpage: https://www.epa.gov/smm/comprehensive- procurement-guideline-cpg-program. The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act. (2) Domestic Preference for Procurements Recipient should, to the greatest extent practicable, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States. This includes, but is not limited to iron, aluminum, steel, cement, and other manufactured products. For purposes of this clause: Produced in the United States means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. Manufactured products mean items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer -based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. W. Termination for Cause and Convenience — Should recipient fail for any reason to comply with the contractual obligations of this agreement within the time specified by this Agreement, the CITY reserves the right to terminate the Agreement, reserving all rights under state and federal law. X. Contractual/Legal Remedies for Breach of Contract -Should recipient fail for any reason to comply with the contractual obligations of this Agreement and/or willfully, knowingly or negligently breach any term, condition or requirement of the agreement, City may impose sanctions including but not limited to damages (liquidated damages and or penalties) and /or any other remedy available pursuant to the Agreement of the laws then in effect. (9) EXHIBIT C CITY OF SANTA ANA ATTACHMENT NON -LOBBYING CERTIFICATION The Contractor certifies, by signing and submitting this certification, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, 'Disclosure of Lobbying Activities," in conformance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The Contractor also agrees that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly. Signed:yatiucrt� Firm: Regional Sales Manager Date: 1-8-25 City of Santa Ana Lmt,dwed hp Trevnr Lollia nn Au109, 1014 w 11:14 M1 .!i SAM.Gov® SOURCEWELL SOURCEWELL Unique Entity ID YPNXJGlCAL74 Registration Status Active Registration Physical Address 20212TH ST NE Staples, Minnesota 56479-2438 United States CAGE/NCAGE 58AY8 Expiration Date Jul 9, 2025 Mailing Address 20212TH Street NE PO Box 219 Staples, Minnesota 56479-2398 United States Purpose of Registration All Awards Doing Business as Division Name Division Number (blank) (blank) (blank) Congressional District State / Country of Incorporation URL Minnesota 07 (blank) / (blank) www.sourcewell-mn.gov Registration Dates Activation Date Submission Date Initial Registration Date Jul 11, 2024 Jul 9, 2024 Oct 24, 2008 Entity Dates Entity Start Date Fiscal Year End Close Date Jan 12, 1978 Jun 30 Immediate Owner CAGE Legal Business Name (blank) (blank) Highest Level Owner CAGE Legal Business Name (blank) (blank) Executive Compensation Registrants in the System for Award Management (SAM) respond to the Executive Compensation questions in accordance with Section 6202 of P.L. 110-252, amending the Federal Funding Accountability and Transparency Act (P.L. 109-282). This information is not displayed in SAM. It is sent to USAspending.gov for display in association with an eligible award. Maintaining an active registration in SAM demonstrates the registrant responded to the questions. Proceedings Questions Registrants in the System for Award Management (SAM.gov) respond to proceedings questions in accordance with FAR 52.209.7, FAR 52.209.9, or 2. C.F.R. 200 Appendix XIL Their responses are displayed in the responsibility/qualification section of SAM.gov. Maintaining an active registration in SAM.gov demonstrates the registrant responded to the proceedings questions. Active Exclusions Records? No I authorize my entity's non -sensitive information to be displayed in SAM public search results: Yes Business Types Entity Structure Entity Type Organization Factors U.S. Government Entity US Local Government (blank) Profit Structure (blank) Nov 14, 2024 08.37.19 PM GMT htlRs://anm.gov/e,,IirydYPNXJGICALJ41,omD.ta?stntns=mdl P.,1 12 Lost s,lmd Ly Da.-LeJlia en Jn109, 2024 nt 11:14 AM S'OUACEWGLL Soclo-Economic Types Check the registrant's Reps S, Cents, if present, under FAR 52.212.3 or FAR 52.219-1 to determine if the entity is an SBA -certified HUBZone small business concern. Additional small business information may be found in the SBA's Dynamic Small Business Search If the entity completed the SBA supplemental pages during registration. Government Types U.S. Local Government Local Government Owned Inter -municipal Accepts Credit Card Payments Debt Subject To Offset No No EFT Indicator CAGE Code 0000 56AY6 Electronic Business A 20212TH ST NE Jeremy Schwartz, Director of Operations -COO PO Box 219 Staples, Minnesota 56479 United States Government Business 9 20212TH ST NE Jeremy Schwartz, Director of Operations -COO p0 Box 219 Staples, Minnesota 56479 United States Past Performance A 20212TH ST NE James Voelker Staples, Minnesota 56479 United States James Voelker 202 12TH ST NE Staples, Minnesota 56479 United States NAILS Codes Primary NAICS Codes NAICS Title Yes 921110 Executive Offices This entity does not appear In the disaster response registry. Nun 14, 2024 08:37: 19 PM GMT hll,A.nn..en/emill'NPNXJGIGL741,,n n?stnnrs=nxll Pnge2 f2 Lnst updmed b, Thorn. Mmrson an Jna 30, 2024 nt 02:15 PM SAM.00v° A4CG2 TII RENTCORP MCGRATH RENTCORP Unique Entity ID tration Status e Registration cal Address Las Positas RD more, California 94551-7806 d States CAGE/NCAGE OPJ96 Expiration Date Jan 29, 2025 Mailing Address 5700 Las Positas RD Livermore, California 94551-7806 United States Purpose of Registration All Awards Doing Business as Division Name Division Number Mobile Modular (blank) (blank) Congressional District State I Country of Incorporation URL California 14 California / United States http:ttw .mobilemodularrents.com/ Registration Dates Activation Date Feb 1, 2024 Submission Date Jan 30, 2024 Entity Dates Entity Start Date Fiscal Year End Close Date Mar 27,1979 Dec 31 Immediate Owner CAGE Legal Business Name (blank) (blank) Highest Level Owner CAGE Legal Business Name (blank) (blank) Executive Compensation Initial Registration Date Aug 15, 2001 Registrants in the System for Award Management (SAM) respond to the Executive Compensation questions in accordance with Section 6202 of P.L. 110-252, amending the Federal Funding Accountability and Transparency Act (P.L. 109-282). This information is not displayed in SAM. It is sent to USAspending.gov for display in association with an eligible award. Maintaining an active registration in SAM demonstrates the registrant responded to the questions. Proceedings Questions Registrants in the System for Award Management (SAM.gov) respond to proceedings questions in accordance with FAR 52.209-7, FAR 52.209.9, or 2. C.F.R. 200 Appendix XIL Their responses are displayed in the responsibility/qualification section of SAM.gov. Maintaining an active registration in SAM.gov demonstrates the registrant responded to the proceedings questions. Active Exclusions Records? No I authorize my entity's non -sensitive information to be displayed in SAM public search results: Yes Business Types Entity Structure Entity Type Organization Factors Corporate Entity (Not Tax Exempt) Business or Organization Manufacturer of Goods Profit Structure For Profit Organization Nov 14, 202408.36: 41 PM GMT hhps:gsmh.gov/e)WOA VDDTJ5UB0S41CoMD0m?smhe=1ii11 Page 1 of3 Lav updnled by Therms, M,,arer on Jnn 30, 2024 n102d5 PM MCGed TII RCNTCDRP Socio-Economic Types Check the registrant's Reps & Corte, if present, under FAR 52.2123 or FAR 62.219.1 to determine If the entity is an SBA -certified HUBZone small business concern. Additional small business information may be found In the SBA's Dynamic Small Business Search if the entity completed the SBA supplemental pages during registration. Accepts Credit Card Payments Debt Subject To Offset Yes No EFT Indicator CAGE Code 0000 OPJ96 Electronic Business S 5700 Las Positas Road Patrick Muchmore, Government Business Livermore, California 94551 Development United States PAUL CRABTREE 4301-C Stuart Andrew BLVC. Charlotte, North Carolina 28217 United States Government Business R 5700 Las Positas Road Patrick Muchmore, Government Business Livermore, California 94551 Development United States CHRIS SNYDER 5700 Las Positas Road Livermore, California 94551 United States Past Performance 9. 5700 Las Positas Road Patrick Muchmore, Government Business Livermore, California 94551 Development United States CHRIS SNYDER 5700 Las Positas BLVD Livermore, California 94651 United States NAICS Codes Primary NAICS Codes NAICS Title Yes 236220 Commercial And Institutional Building Construction 236210 Industrial Building Construction 238910 Site Preparation Contractors 238990 All Other Specialty Trade Contractors 321991 Manufactured Home (Mobile Home) Manufacturing 321992 Prefabricated Wood Building Manufacturing 332311 Prefabricated Metal Building And Component Manufacturing 332439 Other Metal Container Manufacturing 493110 General Warehousing And Storage 493190 Other Warehousing And Storage 531120 Lessors Of Nonresidential Buildings (Except Miniwarehouses) 531130 Lessors Of Minlwarehouses And Self -Storage Units 531190 Lessors Of Other Real Estate Property 532120 Truck, Utility Trailer, And Rv (Recreational Vehicle) Rental And Leasing 532490 Other Commercial And Industrial Machinery And Equipment Rental And Leasing Nat 14, 202408:36.41 PMGMT Gltys://anrn.gav/enlitY/LYDDZISURDS4/coreDn(n7rinlrvswrrrll Pnge 2 of3 Lw,d,wdby Thm as Mrnuar on Jnn 30,2024n102:15 PM MCGRATHRCNTCORP Product and Service Codes PSC 2330 6410 5450 N054 PSC Name Trailers Prefabricated And Portable Buildings Miscellaneous Prefabricated Structures Installation Of Equipment- Prefabricated Structures And Scaffolding Yes, this entity appears in the disaster response registry Bonding Levels Dollars (blank) (blank) States Counties Any (blank) Metropolitan Statistical Areas (blank) Nov 14. 2024 08:36,41 PM GMT hltl,,. snnr.d'w/enfiry/L VDDZ15rBD341,o,vDarn7smms=rvnR Pnge 3 nf3 ACORO® CERTIFICATE OF LIABILITY INSURANCE DAM(MMIDONYYY) 11/12/2024 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 CONTACT NAME: Pasadena Office SullivanCurtisMonroe Insurance Services (Pasadena) PHONE 2010 Main Street 949-250-7172 FAX No: 949-852-9762 EMAIL ADDRESS: Suite 700 INSURERS AFFORDING COVERAGE NAIC# Irvine, CA 92614 INSURERA: Hartford Fire Insurance Company 19682 www.SUIIIVanCUrtisMOnroe.Com License # OES3670 INSURED INSURER B: National Union Fire Ins Co Pittsburgh PA 19445 McGrath RentCorp DBA: Mobile Modular Management Corporation INsuRERc: Brid ewe Insurance Company 12489 INSURER D: AGCS Marine Insurance Company22837 5700 Las Positas Road Livermore CA 94551 INSURER E: INSURER F : COVERAGES CERTIFICATE NUMBER: 82707195 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL SUER POLICY NUMBER MMIDD/YYYYY MMID�IY VV LIMITS A MMERCIALGENERALLIABILITY ,/ ✓ 72CESOF7559 4/30/2024 4/30/2025 EACH OCCURRENCE $1000000 CLAIMS -MADE OCCUR TI(xocU Ded. $25,000 -EYAMAGE TO PREMISES EaEoccu NTED ence $300000 MED EXP (Any one person) $1O 000 tractual included PERSONAL BADV INJURY $1000000 GENT AGGREGATE LIMIT APPLI ES PER: GENERALAGGREGATE $2,000,000 POLICY JECT 11 LOC PRODUCTS - COMP/OPAGG $2000000 $ OTHER: B AUTOMOBILE LIABILITY ANYAUO ✓ ✓ 5425651 HAPD - $100K limit 3/1/2024 3/1/2025 COMBINED SINGLE LIMIT Ea accident $ 1 000 000 I/ BODILY INJURY (Per person) $ BODILY INJURY (Par accident) $ OWNED SCHEDULED AUTOS ONLY AUTOS ✓ HIRED NN-OWNED AUTOS ONLY ✓ AUTOS ONLY Comp&Coll Ded:$250 (Per a accident) $ Florida PIP -Total A $10 000 C UMBRELLA LIAB ✓ occuR 8EA7XL000230701-$2M Lead 4/30/2024 4/30/2025 EACH OCCURRENCE $50000000 ✓ EXCESS LIAB CLAIMS -MADE SEE ATTACHED AGGREGATE $5000OOQ0 LED I I RETENTION$ $ B B WORKERS COMPENSATION AND EMPLOYERSLIABILITY ' YIN ANYPROFFICE IMEMB REXC UDEEXECUTIVE OFFICER/MEMBEREXCLIIDEDy NIA ✓ WC015852320(CA) WC015852321 (ADS) 3/1/2024 3/1/2024 3/1/2025 3/1/2025 ,/ PER ERA E.L. EACH ACCIDENT $1 OOO OOO E.L. DISEASE- EA EMPLOYEE $1 (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $1 OOO OOO D Tenant Liability MX193076389 4/30/2024 4/3U/2025 $1,000,000 Limit / $100,000 Deductible DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Re: Quote #0-479961, Sourcewell Member #1888, Modular Classroom Buildings at 3000 Centennial Road, Santa Ana, CA 92704. The City of Santa Ana, its City Council, officers, officials, employees, agents, and volunteers are named as additional insured per attached form. Coverage is primary and non-contributory per attached form. Waiver of Subrogation applies per attached form. 30 day notice of cancellation applies per attached form. APPROVED CERTIFICATE HOLDER CANCELLAT By Cynthia Mora at 4:54 pm, Dec 02, 2024 City of Santa Ana See addendum for complete holder SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 20 Civic Center Plaza Santa Ana CA 92701 AUTHORIZED REPRESENTATIVE Gohar Petiryan 01988.2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD 82707195 1 MCGRAPENl 1 2024-25 GLI/XIS/CPP/CA0/WC0 I Maheah Mylarappa 111/12/2C24 4:52:29 PM (PST) I Page 1 of 16 AC"R& L AGENCY CUSTOMER ID: MCGRARENI LOC #: ADDITIONAL REMARKS SCHEDULE Page —of AGENCY NAMED INSURED SullivanCurtisMonroe Insurance Services (Pasadena) DBArMobilenModular Management Corporation 5700 Las Posilas Road POLICY NUMBER Livermore CA 94551 CARRIER NAIC CODE EFFECTIVE DATE; THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability (03116) HOLDER: City of Santa Ana See addendum for complete holder ADDRESS: 20 Civic Center Plaza Santa Ana CA 92701 Named Insured Continued: DBA; Mobile Modular Management Corporation DBA: Kitchens To Go by Mobile Modular DBA: Mobile Modular Portable Storage DBA: Tuff Box Containers Mobile Facilities, Inc. McGrath 180, LLC Vesta Housing Solutions, LLC DBA: Vesta Modular APPROVED By Cynthia Mora at 4:,54 pm, Dec 02, 2024' ACORD 101 CORPORATION. All rights The ACORD name and logo are registered marks of ACORD 82707195 1 MCGRARENI 12024-25 GLI/XM/CPP/CAU/WM I Maheeh Mylarappe 1 11/12/2024 6:52:29 PM (PST) I Page 2 of 16 Al IAUrRWI=IN I AC RO & 6..i AGENCY CUSTOMER ID: MCGRARENI LOC #: ADDITIONAL REMARKS SCHEDULE Page —Of AGENCY NAMED INSURED SullivanCurtisMonroe Insurance Services (Pasadena) POLICY NUMBER McGrath RenlCorp DBA: Mobile Modular Management Corporation 5700 Las Positas Road Livermore CA 94551 BEA7XL000230701$2M Lead CARRIER NAIJCODE Brid ewa Insurance Com an 12EFFECTIVE DATE: 4/30/2024 AUUII IVNAL KCMAKK.b- THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability (03/16) HOLDER: City of Santa Ana See addendum for complete holder ADDRESS: 20 Civic Center Plaza Santa Ana CA 92701 Excess Liability Carriers Continued: Bridgeway Insurance Company NAIC#12489 Policy#8EA7XL000230701 Eff. 4/30/2024 - 4/30/2025 $2M Limit Westchester Surplus Lines Insurance Company NAIC10172 Policy#G47403479002 Eff. 4/30/2024 - 4/30/2025 $3M Limit Steadfast Insurance Company NAIC#26387 Policy#AEC417431904 Eff. 4/30/2024 - 4/30/2025 $5M Limit Columbia Casualty Company NAIC #31127 Policy#7037149355 Eff. 4/30/2024 - 4/30/2025 $5M Limit Evanston Insurance Company NAIC #35378 Binder1fMKLV5EUE103361 Eff. 4/30/2024 - 4/30/2025 $10M Limit Aspen American Insurance Company NAIC#43460 Policy#CX00CAG23 Eff. 4/30/2024 - 4/30/2025 $20M Limit Great American Assurance Company NAIC#26344 Policy#EXC5201112 Eff. 4/30/2024 - 4/30/2025 $5M Limit APPROVED By Cynthia Mora at 4:54 pm, Dec 02, 2024 ACORD 101 (2008/01) © 2008 ACORD CORPORATION_ All riahts reserved The ACORD name and logo are registered marks of ACORD ATTACHMENT 82707195 1 MCGRARENI 1 2024-25 GLI/% /CPP/CAO/WC0 I Maheah Mylarappa 1 11/12/2024 4:52:29 PM (PST) I Page 3 of 16 AGENCY CUSTOMER ID: MCGRARENI LOC #: AC R ® ADDITIONAL REMARKS SCHEDULE Page of AGENCY NAMEDINSURED SulllvanCurtisMonroe Insurance Services ) Pasadena ( McGrath RentCorp DBA: Mobile Modular Management Corporation 5700 Las Positas Road Livermore CA 94551 POLICY NUMBER CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability (03/16) HOLDER: City of Santa Ana See addendum for complete holder ADDRESS: 20 Civic Center Plaza Santa Ana CA 92701 Certificate Holder: City of Santa Ana Department Responsible for Agreement / Department Working with Vendor Attn: Risk Management Dept. 20 Civic Center Plaza Santa Ana CA 92701 APPROVED By Cynthia Mora at 4:54 pm, Dec 02, 2024' ACORD 101 (2008101) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks or Aconu Nuuo�uv�n 82707195 1 MCOAARENI 1 2024-25 GLI/XLS/CPP/CAU/WC0 I Maheeh Mylaxappa 1 11/12/2024 4:52:29 PM (PST) I Page 4 of 16 11/12/2024 POLICY NUMBER:72CESOF7559 COMMERCIAL GENERAL LIABILITY McGrath RentCorp CG 2010 07 04 DBA: Mobile Modular Management Corporation THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART scucni n c Name Of Additional Insured Person(s) Or Organization(s): Location(s) Of Covered Operations Any and all additional insureds required by written contract or written agreement or required by a permit issued by a state or political subdivision Any and all locations Intormatlon requlreo to complete this schedule, It not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to in- clude as an additional insured the person(s) or organi- zation(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. CG 20 10 07 04 B. With respect to the insurance afforded to these addi- tional insureds, the following additional exclusions ap- ply This insurance does not apply to "bodily injury' or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the pro- ject (other than service, maintenance or repairs) to be performed by or on behalf of the additional in- sured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same pro- ject. APPROVED By Cynthia Mora at 4:54 pm, Dec 02, 2024 © ISO Properties, Inc., 2004 Page 1 of 1 82707195 1 MCGR NI 1 2024-25 GLI/% S/CPP/CU/WCU I Mahesh Mylazappa 1 11/12/2024 4:52:29 PM (PST( I Page 5 of 16 McGrath RenlCorp DBA: Mobile Modular Management Corporation 11/12/2024 72CESOF7559 COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Or anizatlon s : Location An Any and all additional insureds required by written contract or written agreement or required by a permit Any and All Lo issued by a state or political subdivision information required to complete this Schedule, if not shown above, w Section Il — Who Is An Insured is amended to Include as an additional insured the person(s) or organlzation(s) shown In the Schedule, but only with respect to liability for "bodlly Injury" or "property damage" caused, In whole or in part, by "your work" at the location designated and described In the schedule of this endorsement performed for that additional Insured and Included In the "products - completed operations hazard". CG 20 37 07 04 0 ISO Properties, Inc., 200 52707195 I MCGRARENl 1 2024-25 GLI/XLS/CPP/CAG/WM I Maheeh Mylarappa 1 11/12/2024 4:52:29 PM McGrath RentCorp DBA: Mobile Modular Management Corporation 72CESOF7559 11/12/2024 (3) Any manager, if you or the additional insured is a limited liability company; (4) Any "executive officer" or insurance manager, if you or the additional insured is a corporation; (5) Any trustee, if you or the additional insured is a trust; or (6) Any elected or appointed official, if you or the additional insured is a political subdivision or public entity. This duty applies separately to you and any additional insured. 3. Legal Action Against Us No person or organization has a right under this Coverage Part: a. To join us as a party or otherwise bring us into a "suit" asking for damages from an insured; or b. To sue us on this Coverage Part unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured; but we will not be liable for damages that are not payable under the terms of this Coverage Part or that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us, the insured and the claimant or the claimant's legal representative. 4. Otherinsurance If other valid and collectible insurance is available to the insured for a loss we cover under Coverages A or B of this Coverage Part, our obligations are limited as follows: a. Primary Insurance This insurance is primary except when b. below applies. If other insurance is also primary, we will share with all that other insurance by the method described in c. below. b. Excess Insurance This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis: (1) Your Work That is Fire, Extended Coverage, Builder's Risk, Installation Risk or similar coverage (3) Tenant Liability That is insurance purchased by you to cover your liability as a tenant for "property damage" to premises rented to you or temporarily occupied by you with permission of the owner; (4) Aircraft, Auto Or Watercraft If the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to the extent not subject to Exclusion g. of Section I - Coverage A - Bodily Injury And Property Damage Liability; (5) Property Damage To Borrowed Equipment Or Use Of Elevators If the loss arises out of "property damage" to borrowed equipment or the use of elevators to the extent not subject to Exclusion j. of Section I - Coverage A - Bodily Injury And Property Damage Liability; (6) When You Are Added As An Additional Insured To Other Insurance Any other insurance available to you covering liability for damages arising out of the premises or operations, or products and completed operations, for which you have been added as an additional insured by that insurance; or (7) When You Add Others As An Additional Insured To This Insurance Any other insurance available to an additional insured. However, the following provisions apply to other insurance available to any person or organization who is an additional insured under this coverage part. (a) Primary Insurance When Required By Contract This insurance is primary if you have agreed in a written contract or written agreement that this insurance be primary. If other insurance is also primary, we will share with all that other insurance by the method described in c. below. (b) Primary And Non -Contributory To Other Insurance When Required By Contract for"your work"; If you have agreed in a written (2) Premises Rented To You That is fire, lightning or insurance for premises rented temporarily occupied by permission of the owner; contract, written agreement, or permit non - explosion that this insurance is primary and non- etyou or contributory with the additional d' th" . you Page 16 of 21 82707195 I MCGP EN1 12024-25 GLI/%LS/CPP/MU/WM J Maheeh Mylaiappa with msure s own Insurance, Is msurance is primary and we will not seek APPROVED By Cynthia Mora at 4:55 pm, Dec 02, 2024 11/12/2024 4:52:29 PM (PST) I Page 7 of 16 72CESOF7559 Paragraphs (a) and (b) do not apply to other insurance to which the additional insured has been added as an additional insured. When this insurance is excess, we will have no duty under Coverages A or B to defend the insured against any "suit" if any other insurer has a duty to defend the insured against that "suit". If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (1) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (2) The total of all deductible and self -insured amounts under all that other insurance. We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. c. Method Of Sharing If all of the other Insurance permits contribution by equal shares, we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. 5. Premium Audit a. We will compute all premiums for this Coverage Part in accordance with our rules and rates. b. Premium shown in this Coverage Part as advance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period and send notice to the first Named Insured. The due date for audit and retrospective premiums is the date shown as the due date on the bill. If the sum of the advance and audit premiums paid for the policy period is greater than the earned premium, we will computation, and send us copies at such times as we may request. 6. Representations a. When You Accept This Policy By accepting this policy, you agree: (1) The statements in the Declarations are accurate and complete; (2) Those statements are based upon representations you made to us; and (3) We have issued this policy in reliance upon your representations. b. Unintentional Failure To Disclose Hazards If unintentionally you should fail to disclose all hazards relating to the conduct of your business that exist at the inception date of this Coverage Part, we shall not deny coverage under this Coverage Part because of such failure. 7. Separation Of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this Coverage Part to the first Named Insured, this insurance applies: a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom claim is made or "suit" is brought. 8. Transfer Of Rights Of Recovery Against Others To Us a. Transfer Of Rights Of Recovery If the insured has rights to recover all or part of any payment, including Supplementary Payments, we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. b. Waiver Of Rights Of Recovery (Waiver Of Subrogation) If the insured has waived any rights of recovery against any person or organization for all or part of any payment, including Supplementary Payments, we have made under this Coverage Part, we also waive that right, provided the insured waived their rights of recovery against such person or organization in a contract, agreement or permit that was executed prior to the injury or damage. 9. When We Do Not Renew return the excess to the first Named Insured. If we decide not to renew this Coverage Part, we c. The first Named Insured must keep records of will mail or deliver to the first Named Insured the information we need for premium shown in the Declarations written notice of the APPROVED HG 00 0109 16 - ar 02707195 1 MCGFREN1 12024-25 GLI/XLS/CPP/CAU/WM I Maheah MylaYppa 111/12/2024 4 52, gyy-thia,)l.mg124 , c McGrath RenlCorp DBA: Mobile Modular Management Corporation 04/30/2024 04/30/2025 11/12/2024 POLICY NUMBER: 72CESOF7559 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART [YN:I4oIgIF4 Name Of Person Or Organization: Any and all additional insureds required by written contract or written agreement or required by a permit issued by a state or political subdivision Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV — Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products - completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. APPROVED By Cynthia Mora at 4:55 pm, Dec 02, 2024 CG 24 04 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 1 ❑ 82707195 1 MCGRA l 1 2024-25 GLI/XIS/CPP/CAO/WW I Maheeh Mylaiappa 111/12/2024 4:52:29 PM (PST) I Page 9 of 16 11/1212024 McGrath RentCorp DBA: Mobile Modular Management Corporation 72CESOF7559 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION TO CERTIFICATE HOLDER(S) This policy is subject to the following additional Conditions: A. If this policy is cancelled by the Company, other than for nonpayment of premium, notice of such cancellation will be provided at least thirty (30) days in advance of the cancellation effective date to the certificate holder(s) with mailing addresses on file with the agent of record or the Company. B. If this policy is cancelled by the Company for nonpayment of premium, or by the insured, notice of such cancellation will be provided within (10) days of the cancellation effective date to the certificate holder(s) with mailing addresses on file with the agent of record or the Company. Form IH 03 13 06 11 If notice is mailed, proof of mailing to the last known mailing address of the certificate holder(s) on file with the agent of record or the Company will be sufficient proof of notice. Any notification rights provided by this endorsement apply only to active certificate holder(s) who were issued a certificate of insurance applicable to this policy's term. Failure to provide such notice to the certificate holder(s) will not amend or extend the date the cancellation becomes effective, nor will it negate cancellation of the policy. Failure to send notice shall impose no liability of any kind upon the Company or its agents or representatives. APPROVED By Cynthia Mora at 4:55 pm, Dec 02, 2024 Page 1 of 1 © 2011, The Hartford 82707195 1 MCOPARENI 1 2024-25 GLI/%IS/CPP/CAO/WCO I Maheah MylaCappa 1 11/12/2024 4252t29 PM (PST) I Page 10 O£ 16 McGrath RentCorp 11/ 12/2024 DBA: Mobile Modular Management Corporation This endorsement, effective 12:01 A.M. 03i01/2024 forms a part of Policy No. 5425651 issued to By NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - WHERE REQUIRED UNDER CONTRACT OR AGREEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM SCHEDULE ADDITIONAL INSURED: ANY PERSON OR ORGANIZATION FOR WHOM YOU ARE CONTRACTUALLY BOUND TO PROVIDE ADDITIONAL INSURED STATUS BUT ONLY TO THE EXTENT OF SUCH PERSON OR ORGANIZATIONS LIABILITY ARISING OUT OF THE USE OF A COVERED AUTO. I. SECTION II - LIABILITY COVERAGE, A. Coverage, 1. - Who Is Insured, is amended to add: d. Any person or organization, shown in the schedule above, to whom you become obligated to include as an additional insured under this policy, as a result of any contract or agreement you enter into which requires you to furnish insurance to that person or organization of the type provided by this policy, but only with respect to liability arising out of use of a covered "auto". However, the insurance provided will not exceed the lesser of: (1) The coverage and/or limits of this policy, or (2) The coverage and/or limits required by said contract or agreement. 87950(10/05) Authorized Representative or Countersignature (in States Where Applicable) APPROVED By Cynthia Mora at 4:55 pm, Dec 02, 2024 8270719S I MCGPAR0N1 1 2024-25 GL1/%LS/CPP/CPU/WC0 I Maheah Mylamappa 1 11/12/2024 4:52:29 PM (PST) I Page 11 of 16 McGrath RentCorp DBA: Mobile Modular Management Corporation 11/1212024 ENDORSEMENT This endorsement, effective 12:01 A.M. 0310112024 forms a part of Policy NO. 5425651 issued to By NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. INSURANCE PRIMARY AS TO CERTAIN ADDITIONAL INSUREDS This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM Section IV - Business Auto Conditions, B., General Conditions, 5., Other Insurance, c., is amended by the addition of the following sentence: The insurance afforded under this policy to an additional insured will apply as primary insurance for such additional insured where so required under an agreement executed prior to the date of accident. We will not ask any insurer that has issued other insurance to such additional insured to contribute to the settlement of loss arising out of such accident. All other terms and conditions remain unchanged. 74445 (10/99) Auth rued Representative or Countersignature (in States Where Applicable) APPROVED By Cynthia Mora at 4:55 pm, Dec 02, 2024 92707195 1 MCGRARENI 1 2024-25 GLI/%LS/CPP/CAU/WoS I Maheeh Myla[appa 1 11/12/2024 4:52:29 PM (PST) I Page 12 of 16 McGrath Rentcorp DBA: Mobile Modular Management Corporation 11/12/2024 ENDORSEMENT This endorsement, effective 12:01 A.M. 03/01/2024 forms a part of Policy No. 5425651 issued to By NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM Section IV - Business Auto Conditions, A. - Loss Conditions, 5. - Transfer of Rights of Recovery Against Others to Us, is amended to add: However, we will waive any right of recover we have against any person or organization with whom you have entered into a contract or agreement because of payments we make under this Coverage Form arising out of an "accident' or "loss" if: (1) The "accident' or "loss" is due to operations undertaken in accordance with the contract existing between you and such person or organization; and (2) The contract or agreement was entered into prior to any "accident' or "loss". No waiver of the right of recovery will directly or indirectly apply to your employees or employees of the person or organization, and we reserve our rights or lien to be reimbursed from any recovery funds obtained by any injured employee. 62897 (6/95) —= iTli 'illiE'� B 316fIfcTURE APPROVED By Cynthia Mora at 4:55 pm, Dec 02, 2024 02707195 1 MCGR ENI 1 2029-25 GLI/X S/CPP/CAO/WCO I Mahegh Mylaiappa 111/12/2024 4:52:29 PM (PST) [ Page 13 o2 16 McGrath RentCorp DBA: Mobile Modular Management Corporation 11/12/2024 ENDORSEMENT This endorsement, effective 12:01 A.M. 03/01/2024 forms a part of Policy No. 5425651 issued to By NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LIMITED ADVICE OF CANCELLATION PROVIDED VIA E-MAIL TO ENTITIES OTHER THAN THE FIRST NAMED INSURED This policy is amended as follows: In the event that the Insurer cancels this policy for any reason other than non-payment of premium, and 1. the cancellation effective date is prior to this policy's expiration date; 2. the First Named Insured is under an existing contractual obligation to notify a certificate holder when this policy is canceled (hereinafter, the "Certificate Holder(s)") and has provided to the Insurer, either directly or through its broker of record, the email address of a contact at each such entity; and 3. the Insurer received this information after the First Named Insured receives notice of cancellation of this policy and prior to this policy's cancellation effective date, via an electronic spreadsheet that is acceptable to the Insurer, the Insurer will provide advice of cancellation (the "Advice") via e-mail to each such Certificate Holders within 30 days after the First Named Insured provides such information to the Insurer; provided, however, that if a specific number of days is not stated above, then the Advice will be provided to such Certificate Holder(s) as soon as reasonably practicable after the First Named Insured provides such information to the Insurer. Proof of the Insurer emalling the Advice, using the information provided by the First Named Insured, will serve as proof that the Insurer has fully satisfied its obligations under this endorsement. This endorsement does not affect, in any way, coverage provided under this policy or the cancellation of this policy or the effective date thereof, nor shall this endorsement invest any rights in any entity not insured under this policy. The following Definitions apply to this endorsement: 1. First Named Insured means the Named Insured shown on the Declarations Page of this policy. 2. Insurer means the insurance company shown in the header on the Declarations page of this policy 107414 (03/11) AUTN�011E�REBFNTATI4E APPROVED By Cynthia Mora at 4:55 pm, Dec Q2 2024 82707195 1 MCGRARMI 1 2024-25 GLI/XM/CPP/CAO/WCO I Maheeh Mylarappa 1 11/12/2024 4:52;29 PM (PST) I Page 14 Of 16 11/12/2024 BLANKET WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following "attaching clause" need be completed only when this endorsement is issued subsequent to preparation of the policy). This endorsement, effective 12:01 AM 03/01/2024 Issued to t,�t Grath Fen odp D�A: Mob(e o ular Management Corporation forms a part of Policy No. WC015852320 (CA) By NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA. We have a right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against any person or organization with whom you have a written contract that requires you to obtain this agreement from us, as regards any work you perform for such person or organization. The additional premium for this endorsement shall be 2.00 % of the total estimated workers compensation premium for this policy. APPROVED By Cynthia Mora at 4:55 pm, Dec 02, 2024 WC 04 03 61 Countersigned by _ _ _ _ _ _ -- - - - - - - - - - - - - - - - -- (Ed. 11190) Authorized Representative 62)07195 I MCG ENI 12024-25 GLI/%LS/CPP/CPU/WM I Mahesh Mylarappa 1 11/12/2024 4:52;29 PM (PST) I Page 15 of 16 11/12/2024 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following "attaching clause" need be completed only when this endorsement is issued subsequent to preparation of the policy). This endorsement, effective 12:01 AM 03/0112024 forms a part of Policy No. WC015852320 (CA� Issued to McGrath RentCorp DBA: Mobile Modular Management Corporation By NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA. LIMITED ADVICE OF CANCELLATION PROVIDED VIA E-MAIL TO ENTITIES OTHER THAN THE NAMED INSURED (WORKERS' COMPENSATION ONLY) This policy is amended as follows: In the event that the Insurer cancels this policy for any reason other than non-payment of premium, and 1. the cancellation effective date is prior to this policy's expiration date; 2. the Named Insured or, if applicable, any other employers named in Item 1 of the Information Page is under an existing contractual obligation to notify a certificate holder when this policy is canceled (hereinafter, the "Certificate Holder(s)") and the Named Insured has provided to the Insurer, either directly or through its broker of record, the email address of a contact at each such entity; and 3. the Insurer received this information after the Named Insured receives notice of cancellation of this policy and prior to this policy's cancellation effective date, via an electronic spreadsheet that is acceptable to the Insurer, the Insurer will provide advice of cancellation (the "Advice") via e-mail to each such Certificate Holders within 30 days after the Named Insured provides such information to the Insurer; provided, however, that if a specific number of days is not stated above, then the Advice will be provided to such Certificate Holder(s) as soon as reasonably practicable after the Named Insured provides such information to the Insurer. Proof of the Insurer emailing the Advice, using the information provided by the First Named Insured, will serve as proof that the Insurer has fully satisfied its obligations under this endorsement. This endorsement does not affect, in any way, coverage provided under this policy or the cancellation of this policy or the effective date thereof, nor shall this endorsement invest any rights in any entity not insured under this policy. The following definitions apply to this endorsement: 1. Named Insured means the insured first named employer in Item 1 of the Information Page of this policy. 2. Insurer means the insurance company shown in the header on the Information Page of this policy. All other terms, conditions and exclusions shall remain the same. AUTHORIZED REPRESENTATIVE APPROVED WC 99 00 50 By Cynthia Mora at 4:55 pm, Dec 02, 2U24 (Ed. 04111) 82707195 1 MCGRARENI 1 2024-25 GLI/XLE/CPP/CAO/WCO I Maheeh Myl..ppa 1 11/12/2024 9,52,29 PM (PST) I Pdge 16 of 16