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HomeMy WebLinkAboutDATA TICKET, INC.fNSURANCE ON FILE WORK MAY PROCEED UNTIL INSURANCE EXPIRES of Jas:_­ CITY CLE K DATE. A-202&016 FEB L Lij,j SECOND AMENDMENT TO AGREEMENT WITH DATA TICKET, INC. TO PROVIDE AUTOMATED PARKING CITATION PROCESSING THIS SECOND AMENDMENT ("Second Amendment") to Agreement with Data Ticket, Inc. to Provide Automated Parking Citation Processing is entered into on Febataty 4, 2025, by and 0, nu) between Data Ticket Inc., a California corporation ("Contractor"), 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"). The Contractor and City shall hereinafter be referred to collectively as "the Parties." RP. 'TAS A. On February 15, 2022, the Parties entered into Agreement No. A-2022-022 ("Agreement"), by which Contractor agreed to agreed to provide automated parking citation and processing services. The original term of the agreement covers a 3-year period through February 14, 2025, with two one-year extension options, The not to exceed amount of the Agreement was $1,269,648.31. B. On January 16, 2024, the Agreement was amended to increase the compensation by an additional $730,351.69, which brought the total not to exceed amount to $2,000,000. The First Amendment (A-2024-017) was to compensate for additional costs related to increased collection efforts caused by individuals failing to pay their citations. C. Collection Costs continue to grow. The parties now wish to exercise the first option to extend the term of the Agreement for an additional one (I) -year period, to February 14, 2026 and increase the total compensation by an additional $840,000 for a total not to exceed amount of $2,840,000. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions of the Agreement, except as hereinafter modified, the Parties agree to the following: 1. Section 2, Compensation, shall be amended to increase the compensation for services provided under this Agreement by $840,000. The total amount to be expended during the term of this Agreement shall not exceed $2,840,000. 2. Section 3, Term, shall be amended to extend the term of the Agreement to Februwy l4, 2026, Except as modified by this Second Amendment, all terms and conditions of the Agreement, as amended, shall remain in full force and effect. [Signatures on following page] IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: .fENNIF .. HALL C. APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: TA ARA BO osIAN Senior Assistant City Attorney DATA TICKET, INC. Y '00 r� JAJE f G61 T CITY OF S A ANA 'l.�lily t ALVARO NUNEZ City Manager RECOMMENDED FOR APPROVAL: l ROBERT RODRIGU Chief of Police 'qc_ "N" CERTIFICATE OF LIABILITY INSURANCE t,,,, DATE,MMIQDYYVY, 112/2024 THIS CERTIFICATE IS ISSUED A3 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(les) 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 ilea of a endorsement(*), PRODUCER UNIAUI NAME: Lyttette (Lynn) eyc PIA Select Insurance Solutions - Service Location 1938 Vista DO Oro A/C No EM : 805-975--3531 � (Arc No N/A "- " AoOa@s8: 1ynn.eye(gPi uselect.cooteam _`__ INSURER(S) AFFORDING COVERAGE NAICa Salto Muria CA 93458_ INSURER A Colony Insurance Company 39993 __ INSURED INSURERS: Employers Assurance Co. 25402 Onna Ticket Inc. INSURER C I Conrtinelnal Casualty Company 20443 DBA: Revenue Expartrc INSURER D: Arch Specialty insurance Cn_mpalry & see attached 21199 2603 Mahn Smwt, Sta. 300 INSURER E: Travelers Casualty and Surety Company of America 31194 Irvine CA 926144200 INSURER F:T — COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH rills CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN I$ SUBJECT TO ALL T14E TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED SY PAID CLAIMS, _' TRW LTR _ ,-. TYPE OFINSURANGE IN30 WVU POLICY NUMBER _..,......._.._ MU�NEYYY� (MMfDb/YYVY UMI73 COMMERCIAL GENERAL LIABILITY JCLAIMS-MADE ®OCCUR EACH OCCURRENCE e $ 1,000,000 PREMISES Eaocmmenw 100,000 MED EXP(Any one person) $ 5,000 _.....,. PERSONAL A ADV INJURY $ 1,000,000 A Y Y 103 OIL 0215056-01 I1101/2024 11/01/2025 GEN'L AGGREGATE LIMIT APPLIES PER: ya POLICY ❑JEC []LOC GENERAL AGGREGATE S 2,000,000 PRODUCTS - COMP/OP AGG $ 2,000,000 $ OTHER: AUTOMOBILE _ LIABILITY DPRINE0:SIRGLE7.IM Ea accident) — $ 1,0001000 ANY AUTO BODILY INJURY (Per person) $ A XHIRED AUTOSONLY AU7Q8ULF.n NON -OWNED AUTOS ONLY AUTOS ONLY I(13 CiL 0215036d11 II/01/2024 11/0I1202$ BODILY INJURY For ecGdgnl) S PROPER17TEMI$ Perawltlenq w� UMBRELLA LIAR OCCUR �— EACH OCCURRENCE $ — 3,000,00O A X EXCESS LIAR CLAIMS -MADE XSI76835 11/01/2024 11/01/2025 AGGREGATE _ $ T 0�3,000,000 DEU RETENTION $ N _ ORKERS COM ENS O EMPLOYERS' LIABILITY YIN ANY PROPRIETOIVPARTNERIEXECUTIVE � FFICERIMEMBER EXCLUDED? G 1 (mandatory lnNH) Itmyillescnbe under ESGRIPTIONOFOPERATIONSaakrw NIA Y FIG4581764.05 11/01/2024 11/010025 y I� STATUTE ER E.L.EACH ACCIDENT _ $ ^-1,000_000 - E.L. DISEASE - EA EMPLOYEE - -- - $ 1,000,000 E.L. DISEASE, POLICY LIMIT ----- $ 1,000,000. Sec attached Additional Remarks Schedule for additional policies DESCRIPTION OF OPERATIONS ILOCATIONS lVBIIICLES (ACORD 101, Additional Remarks Schedule, may be aUached It more epeae Is required) City of Santa Ann, its officers, officials, employees, and volunteers are named as additional insured on the General Liability policy pursuant Ie Written contract, Rip contain, at momorndum of understanding. The Geaerul liability policy includes It Waiver of Subrogluioll, Primary & Nondbnutibutony Wording mud 30 day notice orencellation as required by written contract (see attached). �--- APPROVEB Wnrkere Commen[alinn 41flUdCR n Waiver of Soln aline Lees.nllanhndl. By Cynthia MDra at 8:57.am, Nov 13,.2024. PPPTRcIPATG N/1111GR PAMPFr I ATinM SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City al'Sarn Ana ACCORDANCE WITH THE POLICY PROVISIONS. Risk Management Division AUTHORIZED REPRESENTATIVE 20 Civic Center Plaza, 4th Flour Saran Ana CA 02702 b 1988.2015 ACORD CORPORATION, Ali rights reserved. ACORD 25 (2016/03) The ACORD nama and logo are registered marks of ACORD AGENCY CUSTOMER ID: LOC #: ACORO ADDITIONAL REMARKS SCHEDULE Page of IGENCY NAMEDINSURED PIA Select Insurance Solutions Data Ticket, Inc. 10LICY NUMBER DBA: Revenue Experts Various policies -see below below ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, A NUMBER: 25 FORM TITLE: Attachment to Certificate of it Insurer C: Continental Casualty Company Various Professional Liability/Errors & Omissions Policy #287188360 Policy period: 11/1/2024 to 11/1/2025 Limit: $2,000,000 $10,000 Retention per claim insurer D: Arch Specialty, Ascot Specialty, Aspen Specialty, Fireman's Fund & Fortegra Specialty Insurance Companies Cyber Liability Policy #C-4LPY-035907-CYBER-2024-A Policy period: 11/1/2024 to 111112025 Limit: $3,000,000 $10,000 Retention per claim Insurer E: Travelers Casualty and Surety Company of America Crime Policy #105702099 Policy period: 11/1/2023 to 11/1/2025 Limit: $1,000,000 $25,000 Retention per claim 101 f20081011 © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 103 GL 0215056-01 POLICY NUMBER: 103 GL 0215056.01 COMMERCIAL GENERAL LIABILITY CG 20 10 12 19 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 SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) I Location(s) Of Covered Operations As required by written contract with the Named Insured JAII locations which are afforded coverage under this that Is executed by the parties to the contract prior to policy, the commencement of work that is called for in the contract. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to B. include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "properly damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials parts 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. However: 2• 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2, if coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured, equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or That portion of "your work" out of which the injury or darnage 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 project. CG 2010 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 2 103 GL 0215056.01 C. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the insurance; whichever is less. This endorsement shall applicable limits of insurance, applicable limits of not increase the Page 2 of 2 Mnsurance Services Office, Inc., 2018 CG 20 10 12 19 103 GL 0215056.01 POLICY NUMBER: 103 GL 0215056-01 COMMERCIAL GENERAL LIABILITY CG 24 04 12 19 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART ELECTRONIC DATA LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART DESIGNATED SITES POLLUTION LIABILITY LIMITED COVERAGE PART DESIGNATED SITES PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY DESIGNATED TANKS SCHEDULE Name Of Person(s) Or Organization(s): As required by written contract with the Named Insured that is executed by the parties to the contract prior to the commencement of work that is called for in the contract. 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 against the person(s) or organization(s) shown in the Schedule above because of payments we make under this Coverage Part. Such waiver by us applies only to the extent that the insured has waived its right of recovery against such person(s) or organization(s) prior to loss. This endorsement applies only to the person(s) or organization(s) shown in the Schedule above. CG 24 04 1219 © Insurance Services Office, Inc., 2018 Page 1 of 1 103 GL 0215056. 01 COMMERCIAL GENERAL LIABILITY CG 20 01 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance (2) You have agreed in writing in a contract or Condition and supersedes any provision to the agreement that this insurance would be contrary: primary and would not seek contribution Primary And Noncontributory Insurance from any other insurance available to the additional insured. This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and CG 20 01 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 1 103 GL 0215056.01 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. HIRED AUTO AND NON -OWNED AUTO LIABILITY INSURANCE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART This endorsement is subject to all of the provisions of the Commercial General Liability Coverage Part, except as otherwise provided in this endorsement. All numbers and letters used to designate paragraphs in this endorsement are specific to this endorsement only. They do not reference paragraphs in the Commercial General Liability Coverage Part. Insurance is provided only with respect to those coverages for which a specific Limit of Insurance and Premium are shown: SCHEDULE Coveracie Limits Of Insurance Premium Hired Auto Liability Insurance 1,000,000 Each Occurrence Limit $ Included Non -owned Auto Liability Insurance _$ $ 1,000,000 Each Occurrence Limit $ 1,000,000 Aggregate Limit Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Hired Auto Liability The insurance provided under SECTION I — COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, applies to "bodily injury" or "property damage" arising out of the maintenance or use of a "hired auto" by you or your "employees" in the course of your business. B. Non -owned Auto Liability The insurance provided under SECTION I — COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, applies to "bodily injury" or "property damage" arising out of the use of a "non -owned auto" by any person in the course of your business. C. Changes In Exclusions With respect to the insurance provided by this endorsement: The following exclusions under SECTION I — COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, 2. Exclusions, do not apply: a. Contractual Liability; b. Liquor Liability; c. Employer's Liability; d. Aircraft, Auto Or Watercraft; e. Mobile Equipment; f. Damage To Property; g. Damage To Your Product; h. Damage To Your Work; U132A-0908 Includes copyrighted material of Insurance Services Office, Inc. Page 1 of 4 with its permission. 103 GL 0215056.01 L Damage To Impaired Property Or Property Not Physically Injured; and 1. Recall Of Products, Work Or Impaired Property. 2. SECTION I — COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, 2. Exclusions, is amended and the following are added: This insurance does not apply to: a. "Bodily injury" or "property damage" for which the insured is obligated to pay damages by rea- son of the assumption of liability in a contract or agreement. This exclusion does not apply to li- ability for damages: (1) That the insured would have in the absence of the contract or agreement; or (2) Assumed in a contract or agreement that is an "insured contract", provided the "bodily injury" or "property damage" occurs subsequent to the execution of the contract or agreement. b. "Bodily injury" to: (1) An "employee" of the insured arising out of and in the course of: (a) Employment by the insured; or (b) Performing duties related to the conduct of the insured's business; or (2) The spouse, child, parent, brother or sister of that "employee" as a consequence of Para- graph (1) above. This exclusion applies: (1) Whether the insured may be liable as an employer or in any other capacity; and (2) To any obligation to share damages with or repay someone else who must pay the damages because of the injury. This exclusion does not apply to: (1) Liability assumed by the insured under an "insured contract"; or (2) "Bodily injury" to domestic "employees" not entitled to workers' compensation benefits. c. "Property damage" to: (1) Property owned or being transported by, or rented or loaned to the insured; or (2) Property in the care, custody or control of the insured. D. Who Is An Insured For the purposes of this endorsement only, SECTION II — WHO IS AN INSURED, is deleted and re- placed by the following: WHO IS AN INSURED 1. Each of the following is an insured under this insurance to the extent set forth below: a. You. b. Any other person using a "hired auto" with your permission in the course of your business. c. With respect to a "non -owned auto", any partner or "executive officer" of yours, but only while such "non -owned auto" is being used in your business. d. Any other person or organization, but only with respect to their liability because of acts or omis- sions of an insured under Paragraph a., b. or c. above. U132A-0908 Includes copyrighted material of Insurance Services Office, Inc. Page 2 of 4 with its permission. 103 GL 0215056.01 2. None of the following is an insured; a. Any person engaged in the business of his or her employer with respect to "bodily injury" to any co -"employee" of such person injured in the course of employment, or to the spouse, child, par- ent, brother or sister of that co -"employee" as a consequence of such "bodily injury", or for any obligation to share damages with or repay someone else who must pay damages because of the injury; b. Any partner or "executive officer" with respect to any "auto' owned by such partner or officer or a member of his or her household; c. Any person while employed in or otherwise engaged in performing duties related to the conduct of an "auto business", other than an "auto business" you operate; d. The owner or lessee (of whom you are a sublessee) of a "hired auto' or the owner of a "non - owned auto' or any agent or "employee" of any such owner or lessee; e. Any person or organization with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations. E. Limits Of Insurance For the purposes of this endorsement only, SECTION III — LIMITS OF INSURANCE, is deleted and replaced by the following; LIMITS OF INSURANCE Regardless of the number of "hired autos", "non -owned autos", insureds, premiums paid, claims made or vehicles involved in the "occurrence", the most we will pay for all damages resulting from any one "occurrence" is the applicable Limit of Insurance shown in the Schedule of this endorsement or in the Declarations. The Aggregate Limit is the most, subject to the Each Occurrence Limit, we will pay as damages for "bodily injury" or "property damage" sustained and expenses incurred in the defense and adjustment of all claims and "suits" regardless of how many persons assert claims or "suits" against you. The Each Occurrence and Aggregate Limits described above are the most we will pay regardless of the number of insureds. These Limits of Insurance are subject to and not in addition to the General Aggregate Limit shown in the Declarations of the policy. Payments under these Limits of Insurance are part of and erode the policy General Aggregate Limit of Insurance shown in the Declarations. F. Changes In Conditions For the purposes of this endorsement only, the Other Insurance Provision of the Commercial Gen- eral Liability Conditions Section is deleted and replaced by the following: OTHERINSURANCE This insurance is excess over any primary insurance covering the 'hired auto' or "non -owned auto'. G. Additional Definitions For the purposes of this endorsement only, the following definitions are added to the Definitions Sec- tion: 1. "Auto business" means the business or occupation of selling, repairing, servicing, storing or park- ing "autos". 2. "Hired auto' means any "auto' you lease, hire, rent or borrow. This does not include any "auto' you lease, hire, rent or borrow from any of your "employees", your partners or your "executive officers", or members of their households. U132A-0908 Includes copyrighted material of Insurance Services Office, Inc. Page 3 of 4 with its permission. 103 GL 0215056-01 3. "Non -owned auto' means any "auto" you do not own, lease, hire, rent or borrow which is used in connection with your business. This includes "autos" owned by your "employees", your partners or your "executive officers", or members of their households, but only while used in your business. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. U132A-0908 Includes copyrighted material of Insurance Services Office, Inc. Page 4 of 4 with its permission. 103 GL 0215056.01 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CANCELLATION This endorsement modifies insurance provided under the following: OUTPUT POLICY COVERAGE PART COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL LIABILITY UMBRELLA COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART CRIME AND FIDELITY COVERAGE PART EMPLOYMENT -RELATED PRACTICES LIABILITY COVERAGE PART EXCESS LIABILITY POLICY FARM COVERAGE PART FARM UMBRELLA LIABILITY POLICY LIQUOR LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART PROFESSIONAL LIABILITY COVERAGE PART Paragraph A. 2. Cancellation of the COMMON POLICY CONDITIONS is deleted and replaced by the following: 2. We may cancel this policy by mailing or delivering to the first Named Insured written notice of cancellation at least: a. 10 days before the effective date of cancellation if we cancel for one or more of the follow- ing reasons: (1) nonpayment of premium or failure to pay a premium when due; (2) conviction of an insured of a crime arising out of acts increasing the hazard insured against; (3) violation of any local fire, health, safety, building or construction regulation or ordinance which increases the hazard insured against under the policy; (4) any willful or reckless act or omission by an insured increasing the hazard insured against; (5) omission or concealment of fact relating to an insurance application, rating, claim or coverage under this policy; (6) failure or refusal of an insured to: (a) provide information necessary to confirm exposure or determine the policy premium; or (b) comply with underwriting requirements; (7) a substantial change in the risk covered by the policy; (8) loss of reinsurance or substantial decrease in reinsurance; (9) the cancellation is for all insureds under such policies for a given class of insureds; or (10) any reason determined by the insurance commissioner. b. 30 days before the effective date of cancellation if we cancel for any other reason. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. U173AS-0708 Includes copyrighted material of Insurance Services Office, Inc., Page 1 of 1 with its permission. WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC04 436 0 ( WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT-CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us,) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be _ 2 % of the California workers' compensation premium otherwise due on such remuneration. Schedule Person or Organization Job Description With respect to all employees subject to the workers' compensation laws of the state of California, any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. This policy is subject to a minimum charge of $250 for the issuance of waivers of subrogation This endorsement changes the policy to which it Is attached and is effective on the date issued unless otherwise stated. (The Information below Is required only when this endorsement Is Issued subsequent to preparation of the policy.) This endorsement, effective 11/01/2024 Policy No. EIG 4581764 05 Issued to DATA TICKET, INC. Premium $10,355 Countersigned at at 12:01 AM standard time, forms a part of Of the EMPLOYERS ASSURANCE CO. Carrier Code 00919 Endorsement No. on By: Authorized Representative WC 04 03 06 (Ed. 4-84) 0 1998 by the Workers' Compensation Insurance Rating Bureau of California. All rights reserved. 0 6 103 GL 0215056.01 POLICY NUMBER: 103 GL 0215056-01 COMMERCIAL GENERAL LIABILITY CG 20 10 12 19 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 SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location(s) Of Covered Operations CITY OF SANTA ANA AS REQUIRED PER WRITTEN CONTRACT Care of RISK MANAGEMENT DIVISION 20 CIVIC CENTER PLAZA, 4TH FL Santa Ana, CA 92702 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(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 B. With respect to the Insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to 'bodily injury" or "property damage" occurring after: 1. All work, including materials parts 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. However: 2. 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional Insured. equipment furnished In connection with such work, . on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 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 project. CG 20 10 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 2 ® • 103 GL 0215056.01 C. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contractor agreement; or 2. Available under the insurance; whichever is less. This endorsement shall applicable limits of insurance applicable limits of not increase the Page 2 of 2 © Insurance Services Office, Inc., 2018 CG 20 1012 19