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HomeMy WebLinkAboutU.S. HEALTHWORKS 4 - 2011INSURANCE ©N FILE NrORK MAID PROCEED UNTIL INSURANCE EXPIRES N-2011-102 ?- i - ?/ CLERK OF COUNCIL 2??' DarE: p,UG 2 4 ?'_ Pe?sorl?? /RM ?2? CONSULTANT AGREEMENT htoraleS THIS AGREEMENT, made and entered into this ls` day of July, 2011 by and between U.S. Healthworks, a California corporation (hereinafter "Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of medical services for job related injuries and illnesses. B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW 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 Consultant shall provide post exposure medical services for City employees, as set forth in Exhibit A to this Agreement. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the total sum to be expended under this Agreement, shall not exceed $25,000.00, during the term of this Agreement. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on July 1, 2011 and terminate on June 30, 2013, unless terminated earlier in accordance with Section 12, below. The term of this Agreement may be extended upon a writing executed by the Executive Director of Personnel Services and the City Attorney. 4. INDEPENDENT CONTRACTOR Consultant 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 anemployer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant 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. 5. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance which shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom an d damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, $2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s) (see Additional Insured Endorsement attached hereto as Exhibit B); (b) be primary with respect to insurance or self-insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. b. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. c. Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim. d. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. e. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 6. INDEMNIFICATION Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability for personal injury, damages, just compensation, restitution, judicial or equitable relief azising out of claims for personal injury, including health, and claims for property damage, which may azise from the direct or indirect operations of the Consultant or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects azising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. 7. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant 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 subsidiazy and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is .independently developed by the Consultant without reference to information disclosed by the City. 8. CONFLICT OF INTEREST CLAUSE Consultant 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. 9. 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 telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1 98 8 Fax (714) 647-6956 With courtesy copies to: and Executive Director Personnel Services -City of Santa Ana 20 Civic Center Plaza (M-24) P.O. Box 1988 Santa Ana, California 92702 City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 Fax (714) 647-6515 To Consultant: U.S. Healthworks -East Edinger 1619 E. Edinger Ave. Santa Ana, California 92705 Fax (714) 541-5313 4 Attn: Ms. Michelle Harrison 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 telefacsimile, 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. 10. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, 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 Consultant. 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 Consultant nor 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 are not embodied herein. 11. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 12. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 13. DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. JURISDICTION -VENUE This Agreement and all questions relating to its validity, interpretation, performance, and enforcement shall be governed and construed in accordance with the laws of the State of California. 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 azise out of, in connection with or by reason of this Agreement. 15. PROFESSIONAL LICENSES Consultant 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. Consultant shall notify the City immediately and in writing of her inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 16. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow 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. 6 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: MARIA D. HUIZAR Clerk of tl:e Council Interim City Attorney APPROVED AS TO FORM: JOSEPH STRAKA Lisa Storck Assistant City Attorney Personnel Services Agency RECOMMENDED FOR APPROVAL: KATHIE GONZALE Z Executive Director ITY OF SAN T AANA C P WALTERS Interim City Manages .S. HFy?ALTHWORKS ?DC?AC? Cr ?mss Tax ID# qs • ye?L 3-Ztog pKv,..? cvL7 EXHIBIT A SCOPE OF SERVICES Consultant shall perform the following services for City personnel, as requested by City: Post exposure TB screen $25.00 Chest X-Ray 1 view - T.B. Clearance $50.00 Post exposure blood screen (including HIV, Hepatitis B 8z C) $160 COMPENSATION Consultant shall be compensated for each test administered as set forth in the schedule of fees attached hereto. Total compensation to be provided pursuant to this Agreement shall not exceed $25,000.00 during the term of this Agreement. EXHIBIT B ADDITIONAL INSURED ENDORSEMENT Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy # relating to the following: 1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92702; its officers, employees, agents and volunteers are named as additional insureds ("additional insureds") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. 2. With respect to claims arising out of the operations and uses perfiormed by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4. With respect to the additional insureds, this insurance shall not be canceled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92702. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective Policy # _ Issued to this endorsement form as a part of Named Insured Countersigned by Authorized Representative 9 '_i?ORD? CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 7/1/2011 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER NAME: M1 Ckiel le GOOdw1n Int erWe St In SllranCe SerV1 Ce5 PHONE AX License #OB01094 aG No Ext: - - A/G No: 222 Court S£reet E-MAIL ADDRESS: SR oodwi nOi wins com Woodland CA 95695 PR DU ER CUSTOMER ID Y: US HEA- 1 INSURER(S) AFFORDING COVERAGE NAIC N INSURED INSURERA:SCOttSdale Insurance CO. 41297 U. S. Heal tklwor)cs, Inc. INSURER e:Sa£et National Ca sualt Cor 15105 25124 Springfield Ct. Ste 200 Valencia CA 91355 INSURERC:St. Paul Fire & Marine Ins Co INSURER D:Travelers Pro ert Casua It 25674 INSURER E INSURER F !?l1VCOA/'_CC I?OeT,c,/+w TC wu ,wwcce. ..? ?.-.-."?.?.? .-. ?. ......... ?. ?... 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 REOUIREM EN T, 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 MAV HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFF MM/DD POLICY EXP MM/DD LIMITS /'- GENERAL LIABILITY Y BC50022924 9/1/2010 9/1/2011 EACH OCCURRENCE g1, 000, 000 X COMMERCIAL GENERAL LIABILITY PREMISES Ea oecunence $300,000 CLAIMS-MADE ? OCCUR MED EXP (Any ona person) $10, 000 PERSONAL BADV INJURY $1,000,000 GENERAL AGGREGATE $3,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $3,000,000 POLICY PRO X LOC $ D AUT OMOBILE LIABILITY Y BA9490R699 9/1/2010 9/ 1/ 20 11 COMBINED SING LE LIMIT $1000 000 ANY AUTO ? T ? I , O t+ ?+ l? i y BODILY INJ URY (Per person) $ SCH EDULED AUTOS p wE? J BODILY INJURY (Per accitlant) $ X HIRED AUTOS Ap (PerOa cden[DAMAGE $ X NON-OWNED AUTOS E ST ORCK $ ,,Sp' 1t P`?Dr 6y $ C UMBRELLA LIAB X OCCUR QK09101752 AS 9/1/2010 9/1/2011 EACH OCCURRENCE $20,000,000 EXCESS LIAB CIAIMS-MADE AGGREGATE $20, 000, 000 DEDUCTIBLE ?. $ RETENTION $ iii $ g WO AND RKERS COMPENSATION EMPLOYERS' LIABILITY LDC4042721 9/1/2010 9/1/2011 X WC STATU- DTH- Y / N ANV PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCL DED? ? N / A E.L. EACH ACCIDENT $1, 000, 000 U (Mantlatory in NH) E. L. DISEASE-EA EMPLOYE $1,000,000 If yes, tlescribe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $1, 000, 000 DESCRIPTION OF OPERATIONS / LOCATONS /VEHICLES (Attach ACORD 10t, AdtlHlonal RemaACa sehetlule, H more apace Is requlretl) v Crc I Ir II.A 1 C nvt_uCn GANGCLLA 11(7N SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City o£ Santa Ana 20 Civic Center Plaza Santa Ana CA 92701 AUTHORIZED REPRESENTA]TI'7VE v?J/ /t/•,.G..? r ?_ ?_ ©'1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25 (2009/09) The ACORD name and logo are registered marks of ACORD POLICY NUMBER:scsoo22924 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 anization s Location And Descri tion Of Com leted O erations City o£ Santa Ana 20 Civic Center Plaza Santa Ana CA 92701 Information re wired to com lete this Schedule, if not shown above, will be shown in the Declarations. 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" or "property dam- age" caused, in whole or in part, by "your work" at the location designated and described in the sched- ule of this endorsement pertormed for that additional insured and included in the "products-completed operations hazard". APPROiT€H X19 TO FORM C?%'? LISA E. STORCK Assistant City Attorney CG 20 37 07 04 ©ISO Properties, Inc., 2004 <?? Page 1 of 1 COMMERCIAL AUTO THIS ENfDORSE>1fIENT CHANGES Tl-EE POLICY. PLEASE F2EAD ?T CAREFSJLLY. a3JSii?ESS ALTO EXTENiSiONI Ei?f®ORSE?EB?9T This endorsement modifies insurance provided under the fallowing: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fied by the endorsement. GENERAL DESCRIPTION OF COVERAGE -This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may tie excluded or limited 6y another endorsement to the Coverage Part, and these coverage broadening provisions co not apply to the extent that ceverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Reac all the provisions of this en- dorsement and the rest of your policy carefully Yo determine rights, duties, and what is and is not covered. A. BROAD FORM NAMED INSURED B_ BLANKET ADDITIONAL INSURED C. EMPLOYEE HIRED AUTO D. EMPLOYEES AS INSURED E. SUPPLEMENTARY PAYM=NTS -INCREASED LIMITS p. HIRED AUTO - UIV[ITED WORLDWIDE COVERAGE -INDEMNITY BASIS G. WAIVER OF DEDUCTIBLE -GLASS H. HIRED AUTO PHYSIGAL DAMAGE - LOSS OF USE -INCREASED LIMIT 1. PHYSICAL DAMAGE - TRANSPORTATION EXPENS>=S -INCREASED LIMIT J. PERSONAL EFFECTS K_ AIRBAGS L_ NOTICE AND KNOWLEDGE 6F ACCIDENT OR LOSS M. BLANKET WAIVER OF SUBROGATION N. UNINTENTIONAL ERRORS OR OMISSIONS PROVISIONS A. BROAD FORM NAMED INSURED The following is added to Paragraph A.1., Who Is An Insured, of SECTION II - LIABILITY COV- ERAGE: Any organization you newly acquire or form dur- ing the policy period over which you maintain 50% or more o?vnarship interest and that is not separately insured for Business Auto Coverage, Coverage under this provision is afforded only un- til the 180th tlay after you acquire or form the or- C- ganization or the end of the poll=y period, which- ever is earlier. B. SLANKET ADDITIONAL INSURED The following is added to Paragraph c. in A.1 ., Who Is An Insured, of SECTION 11 -LIABILITY COVERAGE: Any person or organization who is required under a written contract or agreement Between you and that person or organization that is si ned and executed by you before the "bodily injury" ar "property damages" occurs and that is in effect during the policy period, to ?e named as an addi- tional insured is an "insured" for Liability Cover- age, but only for damages to which this insurance applies and only to the eMant that person or or- ganization qualif es as an "insured" under the Who Is An Insured provision contained in Section II. EMPLOYEE HIRED AUTO ?_ The following is added to Paragraph A.'i., Wha Is An Insured, of SECTION II - LI- ABILITY COVERAGE: An "employee" of yours is an "insured" while operating an "auto" hired or rented under a contract or agreement in that "employee's' name, with your permission, while performing duties related to the conduct of your busi- neSS. g CA T3 53 06 09 ? 2009 The -ravclc:s Companies. Ir.N _ppR©??? ?? TC FOPagM, of a Includes the eopynghted material o' Insurance Services Office he °th iasien LISA E. STORCK assistant City Attorney ?'/6 COMMERCIAL AUTO 2. The following replaces Paragraph b. in B.5_, United States of America applies to and pro- Other Insurance, of SECTION IV - BUS1- hibits the transaction of business with or NESS AUTO CONDITIONS: within such country or jurisdiction, for Liability b_ For Hired Auto Physical Damage Cover- Coverage far any covered "auto" that you age, the following are deemed to be cov- lease, hire, rent or borrow without a driver for erect "autos" you own: a period of 30 days or less and that is not an " "auto" you lease, hire, rent or borrow from (F) Any covered "auto you lease, lire, any of your "employees', partners (if you are rent or borrow; and a partnership), members (if you are a limited (2) Any covered "auto" hired or rented by liability company) or members of their house- your "employee" under a contract in holds. that individual "employee's" name, (1) With respect to any claim made or "suit" with your permission, while perform- brought outside tt-e United States of ing duties related to the conduct of America, the territories and possessions your business. of the United States of America, Puerto However, any "auto" that is leased, hired, Rico and Canada: rented or borrowed with a driver is not a " " (a) You must arrange to defend the covered auto . "insured" against, and investigate D_ EMPLOYEES AS INSURED or settle any such claim or "suit" The following is added to Paragraph A.t., Who Is and :seep us advised of all pro- An Insured, of SECTION 11 - LIABILITY COV- ceedings and actions. ERAGE: (b) Neither you nor any other in- Any "employee" yours is "insured" while us- volved "insured" will make any ing a covered "auto" you don't 't own, hire or borrow ow settlement without our consent. in your business or your personal affairs. (c) We may, at our discretion, par- E_ SUPPLEMENTARY PAYMENTS - INCREASED g i te in defending the "insured" LIMITS n a a against, or in the settlement of, " " any claim or suit _ 1. The following replaces Paragraph A_2.a.(2), (d) Vile will reimburse the "insured": of SECTION 11 - LIABILITY COVERAGE: (i) For sums that the "insured" (2) Up to $3,000 for cast of bail bonds (in- legally must pay as damages cluding bonds for related traffic law viola- because of "bodily injury" or tions) required because of an "accident" "Property damage" to which we cover. We do not have to furnish this insurance applies, that these bonds. the "insured" pays with our 2_ The following replaces Paragraph A.2.a.(4), consent, but only up to the of SECTION Il - LIABILITY COVERAGE: limit described in Paragraph (4) All reasonable expenses incurred by the C_, Limit Of Insurance, of SECTION 11 - LIABILITY "insured" at our request, including actual COVERAGE; loss of earnings up to $500 a day be- cause of time off from work. (ii) Far the reasonable expenses F. HIRED AUTO - LIMITED WORLDWIDE COV- incurred with our consent for ERAGE - INDEMNITY BASIS your investigation of such claims and your defense of The following replaces Subparagraph e. in Para- the "insured" against any graph 8,7., Policy Term, Coverage Territory, of such "suit", but only up to and SECTION IV - BUSINESS AUTO CONDITIONS: included within the limit de- e. Anywhere in the world, except any country or scribed in Paragraph C., Limit jurisdiction -awhile any trade sanction, em- Of Insurance, of SECTION 11 bargo, or similar regulation imposed by the - LIABILITY COVERAGE, APPROV D AS TO FORM Page 2 of 4 ro 2009 Tne Travelers Companies, Inc. CA T3 53 06 09 Includes the copyrighted material of Insurance Services office- Inc. is ermisaion. LISA E. STORCK Assistant City Attorney ?L 10 COMMERCIAL AUTO and not in addition to such 1. limit. Our duty to make such payments ends when we have used up the applicable limit of insurance in payments for damages, settlements or defense expenses- (2) This insurance is excess over any valid and collectible other insurance available to the "insured" whether primary, excess J contingent or on any other basis. (3) This insurance is not a substitute for re- quired or compulsory insurance in any country outside the United States, its ter- ritories and possessions, Puerto Rico and Canada. You ag.-ee to maintain all required or compulsory insurance in any such coun- try up to the minimum limits required by local la•rv. Your fiailure to comply wkh compulsory insurance requirements will not inv2lidate the coverage afforded by this policy, but we will only be liable to the same extent we would have been liable had you complied with the compulsory in- surance requirements. (4) It is understood that we are not an admit- ted or authorized insurer outside the United States of America, its territories and possessions, Puerto Rico and Can- ada. We assume no responsibility for the furnishing of certificates of insurance. or for compliance in any way with the laws of other countries relating tv insurance- G. WAIVER OF DEDUCTIBLE -GLASS The following is added to Paragraph O., Oeducti- bla, of SECTION ill - PHYSICAL DAMAGE COVERAGE: H No dadudible fora covered "auto" will apply to glass damage if the glass is repaired rather than replaced . 7i[RED AUTO PHYSICAL DAMAGE -LOSS OF USE - [NCREASED LIMIT The following replaces the last sentence of Para- graph A.4.b., Loss Of Use Expenses, of SEC- TION III -PHYSICAL DAMAGE COVERAGE: However, the most we will pay for any expenses for loss of use is S65 per day, to a maxim?rn of 5750 for any one "accident". CA T3 53 D6 09 K. PHYSICAL DAMAGE - TRANSPORTATION EXPENSES - ]NCREASED LIMIT The following replaces the first sentence in Para- graph A.4.a., Transportation Expenses, of SEC- TION III -PHYSICAL DAMAGE COVERAGE: We will pay up to $50 per day to a maximum of $'1,500 for temporary transportation expense in- curred by you because of the total theft of a cov- ered "auto" of the private passenger type. PERSONAL E1=FELTS The following is added to Paragraph A.4., Cover- age Extensions, of SECTION Ill - PHYSICAL DAMAGE COVEZ4GE: Persona[ Effects We will pay up to $400 for "[ass" to wearing ap- parel and other personal effects wh-ch are: (?) Owned by an "insured"; and (2) In or on your coveretl "auto"_ This coverage applies only in the event of a total theft of your covered "auto". No deductibles apply to -his Personal Effects cove rage. AIRBAGS The followingrs added to Paragraph 8.3., Exclu- sions, of SECTION III - PHYSICAL DAMAGE COVERAGE: Exclusion 3.a. does not apply to "I?ss" to one or more airbags in a covered "auto" you own That in- flate due to a cause other than a c?luse of "loss" set forth in Paragraphs A.7.b. artd A.1.c., but only: a. If that "auto" is a covered "auto" for Compre- hensive Coverage under this policy; b. The airbags are not covered under any war- ranty; and c. The airbags were not in _entionally inflated. we will pay up to a maximum of $'1,000 for any one "loss". L_ NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS The following is added to Paragraph A.2.a., of SECTION ]V - BiJS[NESS AUTO CONDITIONS: Your duty to give us or our authorized representa- tive prompt notice of the "accident" or "loss" ap- plies only when the "accident' or ":oss" is known ta: (a) You (if you are an individual); pkIOVED AS Te ?t?RM ® 2009 The :revelers Companies. Ir.? Page 3 Of 4 I ndudes the copyrighted material of Insurance Services Ot`lce, Inc. w3trh rts per*'?i?65??r++?/? . LISA E- STORCK Assistant City Attorney 5? COMMERCIAL AUTO (b) A partner (if you are a partnership); (c) A member (if you are a limited liability com- pany); (d) An executive officer, director or insurance manager (if you are a corporation or other or- ganization); or (e) Any "employee" authorized by you to give no- tice of the "accident" or "loss". M_ BLANKET WAIVER Of= SUBROGATION The following replaces Paragraph A.5., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV - BUSINESS AUTO CONDI- TIONS: 6. Transfer Of Rights Of Recovery Against Others ?o Ls We waive any right of recovery we may have against any person or crganization to the ex- tent required of you by a written contract signed and executed prior to any "accident" or "loss", provided that the "accident" or "loss" arises out of operations contemplated by such contract. The wanner applies only to the person or organization deslgnaled in such Contract. N_ UN[NTENT[ONAL ERRORS OR OMISSIONS The following is added to Paragraph B.2., Con- cealment, I1Aisrepresentation, Or Fraud, of SECTION IV -BUSINESS AUTO CONDITIONS= The unintentional omission of, or unintentional error in, any information given by you shall not prejudice your rights under this insurance. How- ever this provision does not affect cur right to col- lect additional premium or exercise our right of cancellation or ncn-renewal. rip ')<®RM ?,ppROV D AS LISA E. STORCK Assistant City Attorney Page 4 of 4 ? 20C9 The -revelers Companies, Ir.c. CA T3 53 06 09 I^cludes the copynghtetl materiel o°. Insurance Se^+ices OfF.ae. Ina. with ISS pe?misslon.