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HomeMy WebLinkAboutREDFLEX TRAFFIC SYSTEMS 1 - 2002,NSURRNCE NO' % FILE WCA MAY NO PROCEED CLERK OF COUNCIL DATE:1 Z123k. -Z "n 1d AGREEMENT BETWEEN THE CITY OF SANTA ANA AND A- 2002 -231 C ) REDFLEX TRAFFIC SYSTEMS, INC. o dl 11 nn THIS AGREEMENT, is made and entered into this day of 2C 2002, by and between the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the State of California (hereinafter referred to as "City ") and REDFLEX TRAFFIC SYSTEMS, INC., a California corporation (hereinafter referred to as "Contractor"). RECITALS A. Motor vehicle operators violating the California Vehicle Code pose a serious threat to the lives and property of the residents of and visitors to the City; and B. Violation of Vehicle Code Section 21453, failing to stop for a red light, has been shown to pose a significant risk to life and property; and C. The City desires to obtain the services of a Contractor to perform installation and support of a Red Light Photo Enforcement program for the enforcement of red light traffic violations at designated intersections within the City of Santa Ana; and D. Contractor represents that Contractor possesses the necessary qualifications and experience to provide such services to the City; and E. City has authorized the preparation of an agreement to retain the services of Contractor as hereinafter set forth. THEREFORE, in consideration of their mutual and respective promises, the parties hereto do hereby state as follows: UyX1.7 it The term of this Agreement shall commence upon execution of this agreement by all parties and shall continue for a period of five (5) years after the Installation Date (the "Initial Term "). The City shall have the right, but not the obligation, to extend the term of this Agreement for up to two (2) additional consecutive one (1) year periods following the expiration of the Initial Tern (each, a "Renewal Tern" and collectively with the hiitial Term, the "Tern "). The City may exercise the right to extend the tern of this Agreement for a Renewal Term by providing written notice to Contractor not less than thirty (30) days prior to the last day of the Initial Tern or the Renewal Term, as the case may be. 2. DEFINITIONS In this Agreement, the words and phrases below shall have the following meanings: a. "Authorized Officer" means such individual(s) as the Police Chief shall designate to review Potential Violations and to authorize the Issuance of Citations in respect thereto, and in any event, a sworn police officer. b. "Authorized Violation" means each Potential Violation in the Violation Data for which authorization to issue a citation in the form of an Electronic Signature is given by the Authorized Officer by using the Redflex System. C. "Citation" means the notice of a Violation which is mailed or otherwise delivered by Contractor to the violator on the appropriate Enforcement Documentation in respect of each Authorized Violation. d. "City Representative" means the Police Chief or his designee. The City Representative shall be responsible for overseeing the installation of the Intersection Approaches and the implementation of the Redlight Photo Enforcement Program. C. "Designated Intersection Approach" means a single direction of travel at those intersections in the City of Santa Ana chosen by the City Representative using criteria including, but not limited to, traffic volume, collision data, and red light running violation statistics. f. `Electronic Signature" means the method through which the Authorized Officer indicates his or her approval of the issuance of a Citation in respect of a Potential Violation using the Redflex System. g. "Enforcement Documentation" means the necessary and appropriate documentation related to the Redlight Photo Enforcement Program, including but not limited to warning letters, citation notices (using the specifications of the California Judicial Council and the Santa Ana Police Department), a numbering sequence for use on all citation notices (in accordance with applicable court rules), instructions to accompany each issued Citation (including in such instructions a description of basic court procedures, payment options and information regarding the viewing of images and data collected by the Redflex System), chain of custody records, criteria regarding operational policies for processing Citations (including with respect to coordinating with the California Department of Motor Vehicles), and technical support documentation for applicable court and judicial officers . h. `Equipment" means any and all cameras, sensors, equipment, components, products, software and other tangible and intangible property relating to the Redflex System, including but not limited to all camera systems, housings and poles installed and maintained by the Contractor. i. "Fine" means a monetary sum assessed for a violation, including but not limited to bail forfeitures, but excluding suspended fines. j. "Installation Date" means the date on which the City issues Final Acceptance for at least one intersection approach. k. "Intersection Approach" means a direction of travel with up to four (4) contiguous lanes from the curb (e.g., northbound, southbound, eastbound or westbound) for which at least one (1) digital, rear shot multiple image color camera and at least one (1) digital face camera has been installed by Redflex for the purposes of facilitating Redlight Photo Enforcement by the Customer. 2 1. "Operational Period" means the period of time during the Term, commencing on the Installation Date, during which the Redlight Photo Enforcement Program is functional in order to permit the identification and prosecution of Violations at the Designated Intersection Approaches by a swom police officer of the City and the issuance of Citations for such approved Violations using the Redflex System. m. "Person" means a natural individual, company, governmental authority, partnership, firm, corporation, legal entity or other business association. n. "Potential Violation" means, with respect to any motor vehicle passing through a Designated Intersection Approach, the data collected by the Redflex System with respect to such motor vehicle, which data shall be processed by the Redflex System for the purposes of allowing an Authorized Officer to review such data and determine whether a Violation has occurred. o. "Redflex Marks" means all trademarks registered in the name of Redflex or any of its affiliates, such other trademarks as are used by Contractor or any of its affiliates on or in relation to Redlight Photo Enforcement at any time during the Term this Agreement, service marks, trade names, logos, brands and other marks owned by Contractor, and all modifications or adaptations of any of the foregoing. P. "Redflex Project Manager' means the project manager appointed by Contractor in accordance with this Agreement, which project manager shall initially be Eric Makepeace, or such person as Contractor shall designate by providing written notice thereof to the City from time to time, who shall be responsible for overseeing the construction and installation of the Designated Intersection Approaches and the implementation the Redlight Photo Enforcement Program, and who shall have the power and authority to make management decisions relating to Redflex's obligations pursuant to this Agreement, including but not limited to change -order authorizations. q. "Redflex Program Manager" means the program manager appointed by the Contractor in accordance with this Agreement, which program manager shall initially be Ron Frazier, or such person as Contractor shall designate by providing written notice thereof to the City from time to time, who shall be responsible for the customer relationship and program oversight for the duration of the Operational Period. r. "Redflex System" means, collectively, the SmartCamTM System, the SmartOpsTM System, the Redlight Photo Enforcement Program, and all of the other equipment, applications, back office processes and digital red light traffic enforcement cameras, sensors (whether loop, radar or video loop), components, products, software and other tangible and intangible property relating thereto. S. " Redlight Photo Enforcement Program" means the process by which the monitoring, identification and enforcement of Violations is facilitated by the use of the Redflex System. t. " Redlight Violation Criteria" means the standards and criteria by which Potential Violations will be evaluated by an Authorized Officer of the City, which standards and criteria shall include, but are not limited to, the duration of time that a traffic light must remain red prior K, 1*00 '"W to a Violation being deemed to have occurred, and the location(s) in an intersection which a motor vehicle must pass during a red light signal prior to being deemed to have committed a Violation, all of which shall be in compliance with all applicable laws, rules and regulations of governmental authorities. U. "SmartCamTM System" means the proprietary digital speed and redlight photo enforcement system of Redflex relating to the Redlight Photo Enforcement Program. V. "SmartOpsTM System" means the proprietary back - office processes of Redflex relating to the Redlight Photo Enforcement Program. W. "Traffic Signal Controller Boxes" means the signal controller interface and detector, including but not limited to the radar or video loop, as the case may be. X. "Violation" means a traffic violation contrary to the terms of the California Vehicle Code Section 21453, failing to stop for a red light. Y. "Violations Data" means the images and other Violations data gathered by the Redflex System at the Designated Intersection Approaches. Z. "Warning Period' eriod' means the period of thirty (30) days after the Installation Date of the first intersection approach. 3. INSTALLATION. Contractor shall install up to twenty (20) Redflex Systems at Designated Intersection Approaches; actual number of systems implemented and implementation schedule will be based on mutual agreement between the City of Santa Ana and Redflex Traffic Systems and will be based on safety expectations, traffic volume and flows, etc. Each Redflex System will operate on a 24 -hour basis across up to four lanes of width per approach. These system units will be installed and become operational as follows (tentative schedule, which is based on mutual agreement): a. At least two (2) single approaches shall be operational by March 1, 2003. At least ten (10) additional single approaches shall be operational by June 1, 2003. The remaining eight (8) single approaches shall be operational by August 1, 2003. b. If installation dates are not met within the time frame set forth above, the City has the right, but not the obligation to terminate this Agreement; or renegotiate the terms of the this Agreement; or reduce the number of Redflex Systems to be installed. C. Designated Intersection Approaches shall be chosen by the City's Representative and be reasonably acceptable to Contractor. d. Contractor will be responsible for obtaining all required permits, licenses, and insurance required for installation. e. The Contractor shall be responsible for coordination of any necessary electrical F1 NW "r service changes with Southern California Edison Company. The Contractor shall be responsible for applying for electrical permits, if necessary, and connecting the units to a source of electrical power. In order to provide for the electrical energy costs for this program, the City will pay the incremental direct electrical energy costs for this program. If additional power supply is required, the City and the Contractor will mutually pay for the incremental energy costs. f City shall provide Contractor with "as built" drawings of designated intersections as may be reasonably required by Contractor. g. Contractor may employ subcontractors to perform certain of its responsibilities hereunder provided. Any subcontracts shall be let with prevailing wage and the City's bid requirements as approved by the City's Public Works Agency. Contractor shall not subcontract any portion of its operational responsibilities without receiving express written authorization from City. Nothing in this Agreement shall create any contractual relationship between City and any subcontractor not shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. h. In the event installation of a Redflex System requires the removal or relocation of a City traffic sensor device, the cost of such removal or relocation shall be borne by Contractor and authorized and approved by the City's Public Works Agency. i. The Contractor shall be responsible for the installation costs and coordination of any necessary telephone services. The monthly service charges, applicable to the Designated Intersection Approaches will be the sole responsibility of the City. 4. MAINTENANCE. With respect to the maintenance of the Redflex System at the designated Intersection Approaches, the City and Contractor shall have the respective rights and obligations set forth: a. All repair and maintenance of Redflex Systems and related equipment will be the sole responsibility of Contractor, including but not limited to maintaining the casings of the cameras included in the Redflex System and all other Equipment in reasonably clean and graffiti - free condition. b. Contractor shall not open the Traffic Signal Controller Boxes without a representative of City's Public Works Agency present. C. Contractor shall make available a technician to be present during any construction projects at designated intersections that will have a direct impact and implications on the overall functioning of the Redflex Systems. d. Contractor shall inspect the Equipment and the functionality of the Redflex System either remotely and/or on -site at each of the Designated Intersection Approaches no less than once every two (2) business days, and Contractor shall respond to any material malfunction of any of the Redflex System within twenty four (24) hours after the City provides notice by telefacsimile or via email thereof to Contractor (the "Malfunction Notice "). In the event that Contractor discovers any material malfunction or defect, or in the event that Contractor receives a Malfunction Notice, Contractor shall use its best efforts to cause such malfunction or defect to Nkww ..i be repaired within forty -eight (48) hours, and in the event that such malfunction or defect has not been substantially repaired within forty eight (48) hours, Contractor shall notify the City Representative. C. The Redflex Program Manager (or a reasonable alternate) shall be available to the City Representative each day, on a reasonable best efforts basis. f Contractor will promptly make available to City any and all upgrades and/or technology modifications, including but not limited to software, hardware, camera systems, violation detection systems, which become available and implemented by Contractor. Such upgrades and enhancements shall be provided at no cost to City within 30 days of the product's general availability (GA release readiness and not in alpha, beta and testing phases) upon City's acceptance of such upgrades or enhancements. 5. VIOLATION PROCESSING. During the Operational Period, Violations shall be processed as follows: a. All Violations Data shall be stored on the Redflex System; b. The Redflex System shall process Violations Data (substantially as set forth in sub - section k, infra). gathered from the Designated Intersection Approaches into a format capable of review by an Authorized Officer via the Redflex System; C. The Redflex System shall be accessible by Authorized Officers through a virtual private network in encrypted format by use of a confidential password on any computer equipped with a high -speed internet connection and a web browser (DSL or better); d. Contractor shall provide Authorized Officers with access to the Redflex System for the purposes of reviewing the pre - processed Violations Data within seven (7) days of the gathering of the Violation Data from the applicable Designated Intersection Approach; e. The City with reasonable best effort shall cause an Authorized Officer to review the Violation Data daily during normal City business hours (i.e. Monday through Friday) and to determine whether a citation shall be issued with respect to each Potential Violation captured within such Violation Data, and transmit each such determination in the form of an Electronic Signature to Contractor using the software or other applications or procedures provided by Contractor on the Redflex System for such purpose. CONTRACTOR HEREBY ACKNOWLEDGES AND AGREES THAT THE DECISION TO ISSUE A CITATION SHALL BE THE SOLE AND EXCLUSIVE DECISION OF AN AUTHORIZED OFFICER AND SHALL BE MADE IN SUCH AUTHORIZED OFFICER'S SOLE DISCRETION (A "CITATION DECISION"). IN NO EVENT SHALL CONTRACTOR HAVE THE ABILITY OR AUTHORIZATION TO ISSUE A CITATION; f. With respect to each Authorized Violation, Contractor shall print and mail a Citation within five (5) calendar days after Contractor's receipt of such authorization and shall generate a certificate or other evidence of mailing with respect thereto; provided, however, during the Warning Period, warning violation notices shall be issued in respect of all Authorized Violations; E^ I%W _.00� g. Contractor shall provide a toll -free telephone number for the purposes of answering inquiries from cited violators, responding to complaints and scheduling appointments during which recipients of Citations may view the applicable Violations Data, and Contractor shall provide necessary personnel for such purpose; h. Contractor shall generate or permit an Authorized Officer to generate monthly reports using the Redflex System in a format and containing such data as Contractor and the City shall mutually agree, ( which shall include a report of all fines paid to Orange County Superior Court assuming that the OCSC is able to provide the information in an mutually acceptable electronic format ) and in no event less often than once every calendar month and, in respect of any given month, no later than the fifteenth (15'h) day of the month following such month (the "Standard Reports "); i. Standard Reports, which will include but are limited to: (1) citations processing and issuance, (2) maintenance and downtime records, and (3) the functionality of the Redflex Systems with respect thereto to the City in such a format and for such periods as the City may reasonably request; shall be provided to the City with no further costs; j. During the six (6) month period following the Installation Date and upon Contractor's receipt of a written request from the City at least five (5) business days in advance, Contractor shall provide expert witnesses for use by the City in prosecuting Violations; provided, however, the City shall use reasonable best efforts to seek judicial notice in lieu of requiring Contractor to provide such expert witnesses; and k. Data pertaining to each violation captured by Contractors Redflex System, including not less than three (3) digital images of the violation, will initially be stored on the data storage system. The data stored on the system will be securely encrypted and transferred to Contractor's central server complex not less than once each workday. Within seven (7) calendar days of the images being generated, the data will be processed into a format approved by City and submitted or otherwise made available to City for review and approval. After City approval, a Citation will be created by Contractor. Contractor shall then complete issuance of the Citation within the time period required by California law. The Violation data included for the Citation will include, but not necessarily be limited to: 1. Location, date and time; 2. Number of seconds into red traffic signal; 3. Vehicle speed; 4. One (1) close -up view of automobile rear license plate; 5. One (1) close -up frontal view of automobile driver; 6. One (1) view of the intersection and the violating automobile taken before the automobile has crossed the limit (stop) line showing the traffic signal in the red phase and the rear license plate of the vehicle; 7 7. One (1) view of the intersection and the violating automobile taken subsequent to the photograph after the vehicle has crossed the limit line; 8. Video clip of the alleged violation; 9. Any other information deemed necessary by an Authorized Officer for successful prosecution of violations. I. Contractor shall be responsible for retrieval of Department of Motor Vehicle ownership information; m. City shall provide assistance to Contractor in obtaining access to the records data of the Department of Motor Vehicles; n. Contractor shall make available to City data regarding collection of fines from the court records system; and o. Contractor shall coordinate, facilitate and transfer electronically the data to the Orange County Superior Court for the processing of the Citations. 6. TRAINING a. Contractor shall provide training (i) for up to fifteen (15) personnel of the City, including but not limited to Authorized Officers and other persons involved in the administration of the Redlight Photo Enforcement Program, (ii) for at least sixteen (16) hours in the aggregate per person, (iii) up to twenty -four (24) hours regarding the operation of the Redflex System and the Redlight Photo Enforcement Program, to include training with respect to the Redflex System and its operations, strategies for presenting Violations Data in court and judicial proceedings and a review of the Enforcement Documentation; b. During the three (3) month period following the Installation Date, Contractor shall provide such training to police personnel as shall be reasonably necessary in order to allow such personnel to act as expert witnesses on behalf of the City with respect to the Redlight Enforcement Program; C. Contractor will provide training for City staff members at Contractor's Scottsdale, Arizona processing center, prior to implementation of the Warning Period; d. Contractor will interact with court and judicial personnel to address issues regarding the implementation of the Redflex System, the development of a subpoena processing timeline that will permit the offering of Violations Data in court and judicial proceedings, the establishment of a court hearing schedule for adjudicating upon Citations, and coordination between Redflex, the City and juvenile court personnel; and e. Provide reasonable public relations resources and media materials to the City in the event that the City elects to conduct a public launch of the Redlight Photo Enforcement Program. I %WW .r0' 7. CITY OF SANTA ANA RESPONSIBILITIES In addition to the City's responsibilities set forth elsewhere in this Agreement, Santa Ana shall also have the following responsibilities: a. City, through its law enforcement personnel, shall be solely responsible for determining which Violations to cite and prosecute; b. It shall be the exclusive responsibility of City to establish signal timing for all phases (green, yellow, and red) of traffic signals at monitored intersections in conformance with legal requirements; and C. The City shall be solely responsible for the fabrication of any signage, notices or other postings required pursuant to any law, rule or regulation of any Governmental Authority (" Signag "), including but not limited to the California Vehicle Code, and shall assist in determining the placement of such Signage, and the City hereby acknowledges and agrees that the City shall be solely responsible for installing such Signage. 8. STANDARDS OF PERFORMANCE Contractor shall meet the following Standards of Performance in the installation and operation of the Redflex System. a. City will establish minimum red light signal timing for each Designated Intersection Approach. Contractor warrants that its camera systems will detect and capture all red light violations that occur at such approach. Contractor further warrants that not less than 50% of the violations detected and captured by the camera systems (for vehicles for which DMV information is obtainable) at each approach, based on mutually agreeable intersections and approved intersection configurations as dependent on intersection geometries and characteristics; will be of sufficient content and quality so as a Citation may be issued by City. Any anticipated constraints which might produce less than a 50% capture rate shall be set forth in the Final Acceptance form and both parties shall acknowledge any such constraint; and b. Should a camera system fail to produce at least a 50% capture rate of violations detected (absent any identified constraints pursuant to the Final Acceptance form) upon receipt of written notice from City, Contractor shall have sixty (60) days to bring the camera systems into compliance with this Standard of Performance. If Contractor fails or is unable to correct such cause, City shall have the right, but not the obligation to terminate this Agreement. 9. ADDITIONAL RIGHTS AND OBLIGATIONS Contractor and the City shall respectively have the additional rights and obligations set forth below: %.. a. Contractor shall assist the City in public information and education efforts, including but not limited to the development of artwork for utility bill inserts, press releases and schedules for any public launch of the Redlight Photo Enforcement Program; b. The City shall maintain the confidentiality of any username, password or other process or device for accessing the Redflex System or using the Redlight Photo Enforcement Program; and C. Contractor and the City shall advise each other in writing with respect to any applicable rules or regulations governing the conduct of the other on or with respect to the property of such other party, including but not limited to rules and regulations relating to the safeguarding of confidential or proprietary information, and when so advised, Contractor and the City shall obey any and all such rules and regulations. 10. COMPENSATION a. Compensation shall be made as follows: A monthly fee in the amount of Five thousand three hundred and seventy dollars ($5370.00) for each functioning approach containing an operational system within the City. A system shall be deemed to have a functioning approach and be operational for purposes of this Agreement when the Santa Ana Police Department determines that the system is then issuing Citations under the California Motor Vehicle Code without defect and malfunction and has delivered a Final Acceptance form for a particular functioning approach. In the event a system is not deemed by the Santa Ana Police Department to have a functioning approach or not be operational for part of a month, either because it is installed mid -month or is in need of repair for part of a month, the monthly fee for such month shall be prorated based upon a thirty (30) day month; b. It is specifically understood by the parties hereto that the monthly fee covers any and all upgrades and replacements to any existing and future systems. It is also specifically understood by the parties hereto that there shall be no cost, charge or fee whatsoever to the City for the installation of any new system, or for the service, maintenance, operation thereof. The monthly fee includes all hardware /software lease and license fees, all maintenance and support, operations and processing; C. If equipment is removed, moved and/or replaced without mutual consent between the Contractor and the City and absent any of the conditions outlined in the termination section of this agreement, the City shall have the sole responsibility for all associated costs (i.e. construction, post -mortem conditions, equipment remedies, etc.); d. Contractor shall send a monthly invoice to the City reflecting the monthly fee due to Contractor for such month. The first monthly invoice shall not be sent until Contractor is in receipt of a "Final Acceptance" form signed by the City Representative; and e. The City agrees to use its best efforts to pay Contractor within thirty (30) days after the invoice is received. A monthly late fee of 1.5% is payable for payments past due 30 days (i.e. 60 days after receipt of the Redflex invoice). 10 W.. 11. GO LIVE AND FINAL ACCEPTANCE ..i a. "Go Live" is the event in which the City begins to issue the first Warning Letters from the first Designated Intersection Approach and the first Citation for each additional Designated Intersection Approach. b. "Final Acceptance" is the event for each Designated Intersection Approach, in which the City Representative accepts and approves as being complete Contractors successful completion of "Go Live ". The City Representative shall execute a "Final Acceptance" form indicating "Final Acceptance" when all of the following "Operational Conditions" are met: 1. Contractor delivers to City hardware and software products and services which constitute the Redflex System; and 2. The Redflex System performs in a manner consistent with Contractor documentation and with representations made to City by Contractor during the request for qualifications process. C. Upon receiving "Final Acceptance" from the City, the Contractor will be owed the monies associated with system costs commencing from Day 1 of "Go- Live" (i.e. the issuance of "Warning Letters for the first system as outlined in the Compensation section of this agreement 12. INSURANCE Prior to undertaking performance of work under this Agreement, Contractor shall obtain and cause to remain in full force and effect during the Term insurance as described below, all such insurance shall be project specific insurance for the City of Santa Ana: a. Commercial General Liability Insurance. Contractor shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting there from and damage to property, resulting from any act or occurrence arising out of Contractor'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 there from, and property damage, in the total amount of $2,000,000.00 per occurrence, and a general aggregate limit of not less than $5,000,000.00. Contractor shall supply City with a fully executed additional insured endorsement in substantially the form attached hereto as Exhibit A upon execution of this Agreement and shall be approved in form by the City Attorney. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $2,000,000 per occurrence, and a general aggregate limit of not less than $5,000,000.00. Such insurance shall include coverage for owned, hired and non -owned automobiles. 11 \.r ./ c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Contractor, if Contractor 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, Contractor agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000.00 per accident. d. If Contractor is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $2,000,000.00 per occurrence. e. The following requirements apply to the insurance to be provided by Contractor pursuant to this section: (i) Contractor 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. f. If Contractor 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 affect Contractor's right to be paid for its time and materials expended prior to notification of termination. Contractor waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 13. 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 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. 14. INDEMNIFICATION Contractor agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including health, and claims for property damage, which may arise from the 12 i.. ..r active (direct) or passive (indirect) operations and execution of the work covered by this Agreement by the Contractor or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in this Agreement; (2) from any claim, whether the same proceed to judgment or not, that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reasons of the terms of or effects arising from this Agreement; and (3) any material representation, inaccuracy or breach of any covenant, warranty or representation of the Contractor in this Agreement. This indemnity and hold harmless agreement applies to all claims for damages (including reasonable attorneys', accountants' and expert witness' fees). The City may make all reasonable decisions with respect to its representation in any legal proceeding. 15. 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. 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. 16. LICENSES; RESERVATION OF RIGHTS Subject to the terms and conditions of this Agreement, Contractor hereby grants the City, and the City hereby accepts from Contractor upon the terms and conditions herein specified, a non - exclusive, non - transferable license during the Term of this Agreement to: (a) solely within the City of Santa Ana, access and use the Redflex System for the sole purpose of reviewing Potential Violations and authorizing the issuance of Citations pursuant to the terms of this Agreement, and to print copies of any content posted on the Redflex System in connection therewith, (b) disclose to the public (including outside of the City of Santa Ana) that Contractor is providing services to the City in connection with Redlight Photo Enforcement Program pursuant to the terms of this Agreement, and (c) use and display the Redflex Marks on or in marketing, public awareness or education, or other publications or materials relating to the Redlight Photo Enforcement Program, so long as any and all such publications or materials are approved in advance by Contractor. The Contractor hereby represents and warrants and the City hereby acknowledges and agrees that: (a) Contractor is the sole and exclusive owner of the Redflex System, the Redflex Marks, all Intellectual Property arising from or relating to the Redflex System, and any and all related Equipment, (b) the City neither has nor makes any claim to any right, title or interest in any of 13 the foregoing, except as specifically granted or authorized under this Agreement, and (c) by reason of the exercise of any such rights or interests of City pursuant to this Agreement, the City shall gain no additional right, title or interest therein. The City hereby covenants and agrees that it shall not (a) make any modifications to the Redflex System, including but not limited to any Equipment, (b) alter, remove or tamper with any Redflex Marks, (c) use any of the Redflex Marks in any way which might prejudice their distinctiveness, validity or the goodwill of Redflex therein, (d) use any trademarks or other marks other than the Redflex Marks in connection with the City's use of the Redflex System pursuant to the terms of this Agreement without first obtaining the prior consent of Contractor, or (e) disassemble, decompile or otherwise perform any type of reverse engineering to the Redflex System, the Redflex System, including but not limited to any Equipment, or to any, Intellectual Property or Proprietary Property of Contractor, or cause any other Person to do any of the foregoing. 17. 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. 18. NOTICES 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 -1988 Telefacsimile (714) 647 -6956 With courtesy copies to: and, Chief of Police City of Santa Ana 60 Civic Center Plaza (M -97) P.O. Box 1988 Santa Ana, California 92702 Telefacsimile (714) 245 -8007 14 `w City Attorney City of Santa Ana 20 Civic Center Plaza (M -29) P.O. Box 1988 Santa Ana, California 92702 Telefacsimile (714) 647 -6515 To Contractor: Redflex Traffic Systems, Inc. 15020 North 79`n Street Scottsdale, AZ 85260 Attention: Ms. Karen Finley Telefacsimile: (480) 607 -0752 With a copy to: Alschuler Grossman Stein & Kahan LLP 2049 Century Park East 39`h Floor Los Angeles, CA 90067 Attention: Michael B. Miller, Esq. Telefacsimile: (310) 552 -6077 A party may change its address by giving notice in writing to the other party. Thereafter, any notice, tender, demand, delivery, or other communication shall be addressed and transmitted to the new address. If sent by mail, any notice, tender, demand, delivery, or other 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, any notice, tender, demand, delivery, or other 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. 19. 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, that terms and conditions hereof, shall not bind or obligate Contractor nor 15 1%1r „o 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. 20. ASSIGNMENT Neither party may assign all or any portion of this Agreement without the prior written consent of the other, which consent shall not be unreasonably withheld or delayed; provided, however, the City hereby acknowledges and agrees that the execution, delivery and performance of Contractor's rights pursuant to this Agreement shall require a significant investment by Contractor , and that in order to finance such investment, Contractor may be required to enter into certain agreements or arrangements ( "Financing Transactions ") with equipment lessors, banks, financial institutions or other similar persons or entities (each, a "Financial Institution" and collectively, "Financial Institutions "). The City hereby agrees that Contractor shall have the right to assign, pledge, hypothecate or otherwise transfer ( "Transfer ") its rights, or any of them, under this Agreement, as shown in Exhibit B, to any Financial Institution in connection with any Financing Transaction between Contractor and any such Financial Institution, subject to the City's prior written approval, which approval shall not be unreasonably withheld or delayed. Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein, other than to Financial Institutions in conjunction with financing, 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 of this Agreement performed by City personnel or by other contractors retained by the City, for City Services which might impact this agreement. 21. TERMINATION 1. Either party may terminate this Agreement, with cause if the other party commits any material breach of any of the provisions of this Agreement, at any time by giving thirty (30) days written notice of termination to either City or Contractor. In the event such notice is given, Contractor shall cease immediately all work in progress. 2. This Agreement may also be terminated under the following circumstances: a. Upon thirty (30) days notice to Contractor if any court of last resort shall rule (other than dicta) that red light camera results are inadmissible or otherwise contrary to law. b. Upon thirty (30) days notice to Contractor if any provision of California State Law, which authorizes operation of red light photo enforcement systems, is repealed or otherwise amended to prohibit the operation of such systems. c. Upon thirty (30) days written notice to Contractor if Contractor fails to provide equipment or perform services required under this Agreement, and Contractor has not corrected such failure within said thirty (30) day period. 3. Upon termination of this Agreement as herein provided, Contractor shall provide all reasonable assistance and use its reasonable efforts to deliver to City, in an ..r orderly and expedient manner, all records and photo files prepared for or belonging to City. Notwithstanding expiration of the Agreement, City shall pay Contractor all amounts due and payable under this Agreement, and Contractor shall continue to provide the services, for violations occurring prior to the date of expiration or termination. 4. Within sixty (60) days of termination or expiration of this Agreement, all equipment belonging to Contractor shall be removed, at its sole cost and expense, from public rights of way. Damaged infrastructure shall be repaired and all City property shall be restored to its original condition at Contractor's expense. Should Contractor fail to remove said equipment within 60 days after termination of this Agreement, City shall have the right to remove said equipment and bill Contractor for its removal. 22. DISCRIMINATION Contractor 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. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 23. 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 arise out of, in connection with or by reason of this Agreement. 24. FORCE MAJEURE Neither party will be liable to the other or be deemed to be in breach of this Agreement for any failure or delay in rendering performance arising out of causes beyond its reasonable control and without its fault or negligence. Such causes may include but are not limited to, acts of God or the public enemy, terrorism, significant fires, floods, earthquakes, epidemics, quarantine restrictions, strikes, freight embargoes, partial or entire failure of utilities, court ordered suspension of the Redflex System, governmental authorities approval delays which are not caused by any act or omission by Contractor, unusually severe weather or any other similar or different cause not reasonably within the control of Contractor. The party whose performance is affected agrees to notify the other promptly of the existence and nature of any delay. Should any intersection approach be non - operational by reason of force majeure, City shall not be liable for payment during such period and if such period is for a portion of a month, prorated compensation shall be made based upon a thirty (30) day month. 17 Now ..r 25. PROFESSIONAL LICENSES Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, including but not limited to any necessary software 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. Should such inability prohibit the provision of the services hereunder, said inability may be cause for termination of this Agreement by either party. 26. MISCELLANEOUS PROVISIONS a. Beginning no less than six (6) months after the Operational Period commences following the installation of the last contracted for Redflex System, if the City determines it is unable to recover it's costs incurred in the Operation of the Redflex System as identified in Section 10- Compensation, based on a bi- annual review process to ensure received revenue provides for sufficient cost recovery, the City shall have the option to renegotiate the Compensation amount as listed in Section 10 of this agreement. b. Each undersigned for Contractor 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. c. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. d. Contractor warrants and represents that there are no actions, suits, proceedings or governmental investigations or inquiries pending or, to the best knowledge of Contractor, threatened against Contractor, which in the reasonable judgment of Contractor, would prevent the consummation of the transactions contemplated hereby, or, if determined adversely to Contractor, have a material adverse effect on Contractor's business, assets or operations, financial or otherwise. e. The City may from time to time request changes to the work required to be performed or the addition of products or services to those required pursuant to the terms of this Agreement by providing written notice thereof to Contractor, setting forth in reasonable detail the proposed changes (a "Change Order Notice "). Upon Contractor's receipt of a Change Order Notice, Contractor shall deliver a written statement describing the effect, if any, the proposed changes would have on the pricing terms set forth in Section 4 (the "Change Order Proposal "), which Change Order Proposal shall include (i) a detailed breakdown of the charge and schedule effects, (ii) a description of any W .� resulting changes to the specifications and obligations of the parties, (iii) a schedule for the delivery and other performance obligations, and (iv) any other information relating to the proposed changes reasonably requested by the City. Following the City's receipt of the Change Order Proposal, the parties shall negotiate in good faith and agree to a plan and schedule for implementation of the proposed changes, the time, manner and amount of payment or price increases or decreases, as the case may be, and any other matters relating to the proposed changes; provided, however, in the event that any proposed change involves only the addition of equipment or services to the existing Intersection Approaches, or the addition of Intersection Approaches to be covered by the terms of this Agreement, to the maximum extent applicable, the pricing terms set forth in Section 4 of this Agreement shall govern. Any failure of the parties to reach agreement with respect to any of the foregoing as a result of any proposed changes shall not be deemed to be a breach of this Agreement. [Signatures provided on next page] 19 %r .,i IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Patricia E. Healy Clerk of the Council APPROVED AS TO FORM: Joseph W. Fletcher, /City Attorney By: _.,t,,, ,t,,, (a., Paula J. Coleman Assistant City Attorney RECOMMENDED FOR APPROVAL: J.M�W al ters Chief of Police 20 CITY OF SANTA ANA i David N. Ream City Manager REDFLEX TRAFFIC SYSTEM, INC. Karen Finley Vice President of Operations, North America Tax ID# �%w' EXHIBIT A ..r ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY POLICY 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, volunteers and representatives 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 performed 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 cancelled, 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 21 Authorized Representative EXHIBIT B FORM OF ACKNOWLEDGMENT AND CONSENT THIS ACKNOWLEDGMENT AND CONSENT is entered into by and between the City of Santa Ana (the "City ") and Redflex Traffic Systems, Inc. ( "Redflex "), dated related to that certain Agreement dated _, by and between the City and Redflex (the "Agreement ") which hereby acknowledges, consents and agrees to the following (the "Consent'): 1. Redflex has financed certain operations and equipment related to its business, including but not limited to camera systems, housing and poles (the "Equipment") through certain lenders (the "Lenders "). Redflex has granted to Lenders a security interest in the Equipment, related property including software and proceeds thereto as collateral for the performance when due of its obligations to Lenders. Redflex desires to assign all of its rights, but none of its liabilities or obligations under the Agreement (the "Assignment ") to [Inset Name], as collateral agent for the Lenders (the "Collateral Agent "). Redflex will not, by virtue of the Assignment, be relieved of any liability or obligation under the Agreement or otherwise, and neither Collateral Agent nor Lenders are assuming any liabilities or obligations under the Agreement.— City hereby acknowledges notice of the Assignment and hereby consents thereto and to assignment to any similar subsequent financing party of Redflex, and further acknowledges that Collateral Agent or Lenders, and their respective successors and assigns, and any other subsequent future lender, may assign the rights received from Redflex. 2. Redflex hereby authorizes City upon Collateral Agent's written request to make any payments due to Redflex under the Agreement directly to Collateral Agent, c/o [Insert Address], or to whomever Collateral Agent may from time to time direct in writing. 3. City acknowledges that the attached Exhibit A is a true, correct and complete copy of the Agreement. 4. City agrees that City shall not assert against Collateral Agent and Lenders any right or claim of set off, recoupment, counterclaim or other defense in respect of amounts or obligations owed by Collateral Agent and Lenders to City against amounts or obligations that City owes to Collateral Agent and Lenders under the Agreement. 5. In accordance with Section [11.1] of the Agreement, this Consent shall be deemed to be notice to City. In the event that City fails to provide such approval or object to this Consent within ten (10) business days after receipt of this Consent. City shall be deemed to have consented to and approved this Consent. IN WITNESS THEREOF, each of the undersigned have caused this Acknowledgment and Consent to be executed by their duly elected officers duly authorized as of the date first above written. CITY OF SANTA ANA REDFLEX TRAFFIC SYSTEMS INC. By: Print Name: Title: Date: Address: By: Print Name: Title: Date: Address: ACCORD CERTIFICAT, OF LIABILITY INSURANf Crist Elliott Machette Ins. License #OB17224 2201 Broadway, Suite 725 Oakland CA 94612 Phone:510- 832 -8000 Fax:510 -832 -5054 A _ d cc),;? -")- 3 I Redflex Traffic Systems, Inc. 15020 N. 74th St. Scottsdale AZ 85260 GES DATE (MM/DDIYYYYI THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURER A: ZURICH, NA INSURER B: State Compensation Fund INSURER C: FIREMAN`S FUND INS. COS. 2167 INSURER D: Admiral Insurance Company INSURER E: 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 POLIOIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. OD' - LTR NSR TYPE OF INSURANCE POLICY NUMBER EFFECTIVE IRATI N DATE MMIODfYY DATE MMlDOIYY LIMITS A X GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CP0370334101 03/15/06 03/15/07 EACH OCCURRENCE $ 1,000,000 VINENI PREMISES Hisoccorence) $100,000 MED EXP (Any one person) $ 5 , 000 CLAIMS MADE OCCUR PERSONAL & ADV INJURY $ 1,000,000 'GENERALAGGREGATE Empl Benefits Lia $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER. PRODUCTS - OOMP/OP AGO 32,000,000 Em Ben. 1,000 000 POLICY PELT X LOG A AUtOMOBILE LIABILITY ANY AUTO CP0370334101 03/15/06 03/15/07 COMBINED SINGLE LIMIT (E. accident) $1,000,000 X BODILY INJURY (Per person) _ $ ALL OWNED AUTOS SCHEDULED AUTOS „e) ,,) �•..- BODILY INJURY $ (Per accident) ) HIRED AUTOS NON - OWNEDAUTOS PROPERTY DAMAGE (Per accident) $ -- -" GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC AUTO ONLY AGG $ ICI ANY AUTO $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ lO , 000,000 AGGREGATE $10,000,000 A OCCUR �CLAIMSMADE UMB534574801 03/15/06 03/15/07 ExcessUMB $see below $ DEDUCTIBLE $ X RETENTION $10,000 WORKERS COMPENSATION AND B EMPLOYER5'LIABILITY 1557341606 (CA) 02/06/06 X TORY LIMITS ER 02 /06 /07.ELEACHACCIDENT $1000000 ANY PROPRIETORIPARTNERJEXECUTIVE OFFICERIMEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE'.. $ 1000000 I(yee,describe under SP ECIALPROVISIONS below E. L. DISEASE - POLICY LIMIT $1000000 OTHER D Errors 6 Omissions E000000224002 05/26/05 05/26/061, Limit /clm 2,000,000 Ded/clm 2,500 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES / EXCLUSIONSADDED BY ENDORSEMENT / SPECIAL PROVISIONS (C) SHX00069302131 3/15/06 TO 3/15/07 $9,000,000 xs liability The City of Santa Ana, its officers, employees, agents, volunteers and representatives are additional insured as respects work performed on their behalf by the named insured, per attached endorsement SNTAANA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Santa Ana DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN Attn: Paula Coleman NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL Fax 714- 647 -6515 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR 20 Civic Center Plaza Santa Ana CA 92702 REPRESENTATIVE . AIJF RQ D REP SE ACORD 25 (2001100) vw Aa'Gku CGRFVr . ru" 1 ee ZURICH Policy To. I Eff. Date of Pol. I Exp. Date of Pol. I Eff Date of End. Producer Add -1. Prem Return Prem. CP0370334101 3/15/06 3/15/07 03/15/06 sn/a swa THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part SCHEDULE Name of Person or Organization City of Santa Ana, CA (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the SCHEDULE above whom you are required to add as an additional insured on this policy under a written contract or written agreement. B. The insurance provided to the additional insured applies only to "bodily injury ", "property damage" or "personal and advertising injury" covered under Section I, Coverage A, BODILY INJURY AND PROPERTY DAMAGE LIABILITY and Coverage A PERSONAL AND ADVERTISING INJURY LIABILITY, but only if: 1. The "bodily injury" or "property damage" results from your negligence; and 2. The "bodily injury", "property damage" or "personal and advertising injury" results directly from: a. Your ongoing operations; or b. "Your work" completed as included in the "products - completed operations hazard ", performed for the additional insured, which is the subject of the written contract or written agreement. C. However, regardless of the provisions of paragraphs A. and B. above: 1. We will not extend any insurance coverage to the additional insured person or organization: a. That is not provided to you in this policy; or b. That is any broader coverage than you are required to provide to the additional insured person or organization in the written contract or written agreement; and 2. We will not provide Limits of Insurance to the additional insured person or organization that exceed the lower of: a. The Limits of Insurance provided to you in this policy; orThe Limits of Insurance you are required to provide in the written contract or written agreement. O L4 D The insurance provided to the additional insured does not apply too. "Bodily injury ", "property damage" or O csdnal and advertising injury" that results solely from negligence of the additional insured; or o IV s 2c "Bodily injury ", "property damage" or "personal and advertising injury" arising out of the rendering or failure to T render any professional architectural, engineering or surveying services including: a. The preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and b. Supervisory, inspection, architectural or engineering activities. E. The additional insured must see to it that: 1. We are notified as soon as practicable of an "occurrence" or offense that may result in a claim: 2. We receive written notice of a claim or "suit" as soon as practicable; and 3. A request for defense and indemnity of the claim or "suit" will promptly be brought against any policy issued by another insurer under which the additional insured also has rights as an insured or additional insured. \.r N40o F. The insurance provided by this endorsement is primary insurance and we will not seek contribution from any other insurance available to the person or organization shown in the Schedule unless the other insurance is provided by a contractor other than you for the same operations and job location. Then we will share with that other insurance by the method described in paragraph 4.c. of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS. Any provisions in this Coverage Part not changed by the terms and conditions of this endorsement continue to apply as written. vicra Scat `.ii: z�y As��et2.t; City Attor ;e� ACbRD CERTIFICA',,., OF LIABILITY INSURANr c CSR XM DATE (m WOO 06) REDFL -1 02 O6 06 PRODUCER Crist Elliott Machette Ins. License #OB17224 2201 Broadway, Suite 725 Oakland CA 94612 Phone:510 -832 -8000 Fax:510- 832 -5054 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC# INSURED Redflex Traffic Systems, Inc. 15020 N. 74th St. Scottsdale AZ 85260 oc^ib:- ��r INSURERA: Zurich NA P LI EXPIRATION DATE MMIDD/YY INSURER B: Texas workers Compensation NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO 50 SHALL INSURER C: Admiral Insurance Company IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR INSURER D: State Compensation Fund INSURER E: FIREMAN'S FUNID INS. COS. 21873 COVERAGES 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. _ IN LTR HER TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE GATE MhVDD P LI EXPIRATION DATE MMIDD/YY LIMITS NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO 50 SHALL GENERAL LIABILITY IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR 20 Civic Center Plaza EACH OCCURRENCE $ 1, OOO, OOO PREMISES(Ea occurence) $ lOO, 000 A X X COMMERCIAL GENERAL LIABILITY CPO 370334100 03/15/05 03/15/06 MED EXP(Any one Person) ' $ 5,000 .CLAIMS MADE X OCCUR J PERSONAL B ADV INJURY ($1,000,000 X Empl Benefits Lia GENERAL AGGREGATE I $ 2, 000, 000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG $ 2,000,000 Em Ben. 1,000,000 iPOLICV X PRO LOG ECT A AUTOMOBILE LIABILITY ANYAUTO CPO 370334100 03/15/05 03/15/06 COMBINED SINGLE LIMIT (Ea accident) S 1,000,000 X ALL OWNED AUTOS SCHEDULED AUTOS h,y �`i n�. �� ff�, „cV INJURY (Per person) $ 'BODILY INJURY (Per accident) $ HIRED AUTOS NON -OWNED AUTOS Ri'.� \S fit co - PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY ANY AUTO "R` l S -C AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC AUTO ONLY: AGO $ $ EXCESSIUMBRELLALIABILITY EACH OCCURRENCE $10,000,000 AGGREGATE $10,000,000 A X IOCCUR CLAIMS MADE 111131534493500 -ass ATTACHED 03/15/05 03/15/06 S $ DEDUCTIBLE $ X RETENTION $10,000 WORKERS COMPENSATION AND X I TORY LIMITS ER E.L. EACH ACCIDENT $1000000 C D EMPLOYERS' LIABILITY ANY OFFICERMIEMBER EXCLUDED? PROPRIETOR/PARTNER/EXECUTIVE SBP0001154838 (TX) 157341806 (CA) 02/07/05 02/06/06 02/07/06 02 /06 /07 E.L. DISEASE - EA EMPLOYEE 51000000 E.L. DISEASE - POLICY LIMIT $1000000 If yes, describe under SPECIAL PROVISIONS below OTHER Limit /Clm 2,000,000 C Errors & Omissions E000000224002 05/26/05 1 05/26/061 Ded 2,500 /clm DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES/ EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS The City of Santa Ana, its officers, employees, agents, volunteers and representatives are additional insured as respects work performed 'on their - - -.- ..'- behalf by the named insured, per attached endorsement r ANCFI I ATInN . CER r iRCA. C HULU SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION SNTAANA City of Santa Ana DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN Attn: Paula Coleman NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO 50 SHALL Fax 714 - 647 -6515 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR 20 Civic Center Plaza Santa Ana CA 92702 REPRESENTATIVE P. AUT RR REP E gad n wnnnn rno OnDAnnld 4002 ACORD 25 (2001/08) (E) EXCESS LIABILITY POLICY # XTH00077066702 $9,000,000 EXCESS OVER ZURICH'S $11,000,000 FOR A TOTAL OF $20,000,000 EFFECTIVE 10/26/05 TO 3/15/06 ACOR_D CERTIFICAS-I OF LIABILITY INSURANOId CSR RM REDFL -1 DATE (MMt0DASCY) 03/03/06 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Crist Elliott Machette Ins. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE License #OB17224 2201 Broadway, Suite 725 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. DATE (MMIDDlYY) Oakland CA 94612 Phone:510- 832 -8000 Fax:530- 832 -5054 INSURERS AFFORDING COVERAGE NAIL INSURED / ���_�� INSURER ZURICH, NA INSURERS State Compensation Fund $ 1,000,000 Redflex Traffic Systems, Inc. 15020 N. 74th St. Scottsdale AZ 85260 IN�FERC FIREMAN'S FUND INS. COS. 21873 NSURERD Admiral Insurance Company CP0370339101 I NSURER E 03115107 COVERAGES THE POLICES OF INSURANCE LISTED FELON HALE BERN FACED LJ THE INSURED NANIED ABOVE FOR -HE POLICY PERIOD INIDICATED. NOTNITHSTANDING ANY REOUIREMEN'T TERM CF. CONCCION OF ANY CONTPArT OP.OTHER DCCUMEVT WI'H RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PLATA.N. THE INSURANCE ACT CEDED BY THE 10LICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS APE CONDITIONS IF SUCH POLICIES. AG- REGATE LIMITS SHOWN MAY HAVE BEN FEEL= BY PAID CLAIMS LTR INSRD TYPE OF INSURANCE POLICY NUMBER PATE IMM1VDOIYY) DATE (MMIDDlYY) LIMITS Santa Ana CA 92702 GENERAL LIABILITY A RIZ REPR SE EACH OCCLRRENCE $ 1,000,000 PREMSES (Ee occure,,e) 3100,000 A X X eonlMFRaAL GENERAL _IAe _TTY CP0370339101 03115106 03115107 I CLAIMS IMADE OCCJR MAD EXP (Ary are Gerson) $ 5 , 000 PERSONAL 8 ADV INJURY 31,000,D00 X Empl Benefits Lia GENERAL AGGREGATE 1$2,000,000 PRODJCTS- COM'I01AGG $2,000,000 GEN'L AGGREGATE LIMITAP- LIES 1ER. FO_K -Y D PELT Fx_1 ITC Ben. 1,000,000 AUTOMOBILE LIABILITY COMBINED SINGLE LI MIT A X ANV AUTO ICP0370334101 03/15/06 03/15/07 IEaaOrdnp II$1,000,000 BODILY INJURY (Pe'Dersor) $ ALL O'NNED AUTOS SCHEDULED AUTOS BODILY INJJRY a" PP"CARTY $ T RED AUTOS NCNL-WNED ALTOS A }� (� / 1, PROIV E'D S FO FORM" DAMAGE Per acct dent) $ GARAGE LIABILITY ANY ALTO - - JLY- FRACCIDENT $ filJ1S C81L Ujiv A$LO C!:BY EAALC OTHER TITAN AUTO ONLY AGG $ $ EXCESSNMBRELLA LIABILITY EACi OCCJRRENCE $ 10,000,000 A CLAVSNVDE UMB534574801 03/15/06 03/15/07 :AGGREGATE $10,000,000 ExcessUMB $see below $ DEDJCTSLE $ X RETENP -N $10,000 1 WORKERS COMPENSATION AND XITORY LIMITS ER B EMPLOYERS' LIABILITY ANY CERIME TJRt'ARTNEWEXECUTIVE OFFCEWMEMBEFEXCLUDED' 157341806 (CA) 02/06/06 02/06/07 E_ EACHASOCEN s 1000000 — 31000000 E!. DISEASE- EA EMPLOYEE If yes, desrnbe U-,e. SPECIAL PROVISIONS eelery E _DISEASE - POLICY LIMIT $ 1000000 OTHER D Errors 8 Omissions E000000224002 05/26/05 05/26/06 Limit /clm 2,000,000 Ded /clm 2,500 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT SPECIAL PROVISIONS (C) SHX00069302131 3/15/06 TO 3/15/07 $9,000,000 xs liability The City of Santa Ana, its officers, employees, agents, volunteers and representatives are additional insured as respects work performed on their behalf by the named insured, per attached endorsement CERTIFICATE HOLDER CANCELLATION SNTAANA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Santa Ana DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN Attn : Paula Coleman NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL Fax 714-647-6515 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, RS AGENTS OR 20 Civic Center Plaza Santa Ana CA 92702 REPRESENTATIVES. A RIZ REPR SE ACORD 25 (2001)08) C.�' © ACORD CORPORATION 1988 \.e ../ 0 ZURICH Pomev No Err Date of Pol I ritiy. Date of Pol. En Dale of End Picxtucer Add 1. Piem Renme Piem. P03 703 3 4 1 0 1 113115 06 3 -15,07 03,15 %06 Sna smo THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFIILLY. This endorsement modifies insurance provided under the: Commercial General i.iabilih• Coverage Part SCHEDULE Name of Person or Organization Cih• of Santa Ana, CA (If no enhil appears above, intormation required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. WHO IS AN INSURED (Section II) is amended to include as ar insured the person or organization shcnvn in the SCHEDULE above whom you are required to add as an additional insured on this policy under a written contract of written agreement. B. The insurance provided to the additional insured applies only to 'bodily in'ury'. ' °propertv damage' or "personal and advertising injury" covered tinder Section I, Coverage A, BODILY INKRY AND PROPERTY DAMAGE LIABILITY" and Coverage B, PERSONAL AND ADVERTISING INJURY LIABILITY, but only if: I. The "boditv inpiry" or -propertv damage" results from tour negligence, and _. The'-bodily mjury ". `IirLipergl damage" or "personal and advertising injury" results directly [tuna a Your ongoing operations, or b_ 'Your work° completed as included in the " products - completed operations hazard ", performed for die additional insured, which is the subject of the written contract or arittzn agreement. C. However. regardless of the provisions of paragraphs A and B above. I We will not extend anv insurance coverage to the additional insured person or organization. a. That is not provided to v ou in this policy, or b That is am, broader coverage than you are required to provide to the additional insured person or organization in the written caauact or written agreement. and 1 �l e will not provide Limits of Insurance to the additional insured person or organization that elceed the lower of a. you in this policv, orThe Limits of Insurance you are required to provide in The Limits of Insurance provided to the written contract or written agreement D. The insurance provided to the additional insured does not apply to 1. 'Bodily injury", `property damage" or "personal and advertising injury" that results solely from negligence of the additional insured_ or �. `Bocltty injury "propertv damage" or "personal and advertising iniurd' arising out of the rendering or faiture to render any professional architectural. engineering or suneving services including a. The preparing, approving, or failing to prepare or approve maps, shop drawings. opinions, reports. strvevs, field orders. change orders or drawings and spec ifications• and b. Supervisor-, inspection, architecnral or engineering activities. E. The additional insured must see to it that I -�Pe are notified as ,soon as practicable of in "occurrence 'or offense that may result in a claim ?. We receive written notice of a claim or `suit as soon as practicable, and A request for defense and indemnity of the claim or `suit' -,u ill prompth be brought against anv policv issued by :pother insurer under which the additional insured also has rtglhts as an insured or additional insured 7rROVED AS ro i:mm earn ' YJI ,..,nut City Atioincy, ,., X40 The insunmce provided by this endorsement is primary insurance and nre will not seek contribution from any other insurance available to the person or organization shown in the Schedule unless the other insurance is provided by a contractor other than cou for the same operations and _job location. Then we will share with that other insurance by the method described m paragraph a.c. of SECTION IV - C01SIMERCL4L GENERAL LIABILITY CONDITIONS Anv provisions in this Coverage Part not chmweed by the terms and conditions of this endorsement continue to apply as nvritten. APPROVED AS TO FORM I -a C[a l[ -lt sI1JdJ Amatar.t Cry Ahorency %.. ACORD CERTIFICATE OF LIABILITY INSURANCE OP ID O DATE(MMIDD/YYYY) AEDFL -1 05/24/05 PRODUCER Crist Elliott Hachette Ins. License #OB17224 2201 Broadway, Suite 725 Oakland CA 94612 Phone: 510 -832 -8000 Fax:510- 832 -5054 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATIO ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW INSURERS AFFORDING COVERAGE NAIC # INSURED /j /A �rTL /l /����J� Redflex Traffic Systems, Inc. 15020 N. 74th St. Scottsdale AZ 85260 INSURER A: Zurich NA DATE MMIDD/YY N jINSURER B: State Compensation Fund - INSURER C: Admiral Insurance C an REPRESENTATIV j INSURER D- EACH OCCURRENCE . INSURER E: COVERAGES 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR WHY NSR TYPE OF INSURANCE —POCY EFFECTIVE POLICY NUMBER I DATE MMIDDIYY DATE MMIDD/YY N LIMITS GENERAL LIABILITY REPRESENTATIV AUT RR 0.E7S EACH OCCURRENCE $ 1,000,000 • X X COMMERCIAL GENERAL LIABILITY CPO 370334100 03/15/05 03/15/06 PREMISES(Ea occurance) $100,000 CLAIMS MADE [j] OCCUR MED EXP (Any one parser) $ 5 , 000 PERSONAL &AOV INJURY $ 1,000,000 X Enpl Benefits Lia GENERAL AGGREGATE $2,000,000 PRODUCTS- COMPIOP AGG S 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER. III Emp Ben. 1,000,000 POLICY JECT LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1000000 • X ANY AUTO CPO 370334100 03/15/05! 03115/06 (Ea accident) , , BODILY INJURY $ ALL OWNED AUTOS SCHEDULED AUTOS (Per person) OOILY INJURY HIRED AUTOS ♦ �yy� APPROVED /y T,T� ♦ Ly Al T� T� TO FOR NON -OWNED AUTOS 1 (Per aoodenM $ PROPERTY GE $ i (Eer accltlerrt) erdl GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ � assistant City Attorney EA ACC S ANY AUTO OTHER THAN $ AUTO ONLY'. qGG EXOESSIUMBRELLA LIABILITY EACH OCCURRENCE S 6,000,000 AGGREGATE r $ 6,000,000 s A IJ OCCUR ❑ CLAIMSMADE UMB534493500 03/15/05 03/15/06 DEDUCTIBLE $ $ X RETENTION $10,000 WORKERS COMPENSATION AND All u X TORVLIMITS ER EL EACH ACCIDENT $1000000 C EMPLOYERS' LIABILITY (CA) 02/06/05 02/06/06 ANY PROPRIETORIPARTNERIEXECUTIVE 1157341805 OFFICER /MEMBER EXCLUDED? 1 EL DISEASE - EA EMPLOYE - $1000000 Kye, deecdt,e under SPECIAL PROVISIONS below _ - - $ 1000000 -- EL DISEASE POLICY LIMIT OTHER C Errors S Omissions E000000224001 05/26/04 05/26/05 Limit /clm 2,000,000 C Errors S Omissions BOOO000224002 05/26/05 05/26/06 Ded 2,500 /clm DESCRIPTION OF OPERATIONS I LOCATIONS VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS The City of Santa Ana, its officers, employees, agents, volunteers and representatives are additional insured as respects work performed on their behalf by the named insured, per attached endorsement CERTIFICATE HOLDER CANCELLATION SNTAANA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Santa Ana DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN Attn: Paula Coleman NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO 50 SHALL Fax 714 - 647 -6515 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR 20 Civic Center Plaza Santa Ana CA 92702 REPRESENTATIV AUT RR 0.E7S ACORD 25 (2001/08) L. CORPORATION 1988 ACORD CERTIFICA PRODUCER Crist Elliott Machette Ins. License #OB17224 2201 Broadway, Suite 725 Oakland CA 94612 OF LIABILITY INSURAN - CSR KM DATE'MM'DD'YYY;) V%- REDFL -1 03/14/05 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Phone:510- 832 -8000 Fax:510 -832 -5054 INSURED A- a.00� -�31 Redflex Traffic Systems, Inc. 15020 N. 74th St. Scottsdale AZ 85260 rnveenr_ec INSURERS AFFORDING COVERAGE NAIC # INSURER A. Zurich NA INSURER B. State Compensation_ Fund _. INSURER C: Admiral Insurance Company INSURER O. CPO 370334100 INSURER E: EACH OCCURRENCE S 1 000, 000 AMAGETORENTEU___ S 100, 000 PREMISES Ca occurence) THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTVV ITHST VJDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED By PAID CLAIMS, IN POLICY EFFECTIVE POLICY EXPIRATION _ LTR NSRD TYPE OF INSURANCE POLICY NUMBER DATE MMIDDIYY DATE MWDDIYY I LIMITS A X GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CPO 370334100 I 03/15/05 03/15/06 EACH OCCURRENCE S 1 000, 000 AMAGETORENTEU___ S 100, 000 PREMISES Ca occurence) CLAIMS MADE 1_11 OCCUR MED EXP (Any one person) S 5,000 PERSONAL B ADV INJURY 51,000,000 GENERAL AGGREGATE S 2, 000, 000 X Empl Benefits Lia GENT AGGREGATE LIMIT APPLIES PER: PRODUCTS COMPIOP AGG S 2, 000, 000 _ Em Ben. POLICY PECT RO. LOG J 1, GOO, 000 A AUTOMOBILE LIABILITY ANY AUTO CPO 370334100 03/15/05 03/15/06 COMBINED SINGLE LIMIT (Ea accident) 51,000,000 X BODILY INJURY (Per person) ALL OWNED AUTOS SCHEDULED AUTOS S HIRED AUTOS NON -OWNED AUTOS ' APPROVED AS TO FORM BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Par accident) _ $ GARAGE LIABILITY \,sistant City Attorney AUTO ONLY EA ACCIDENT - - -- S ANY AUTO E ACC OTHER THAN ___ ) S AUTO ONLY'. AGG'. $ EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE _ iS 6, 000, 000 A X1 OCCUR 11 CLAIMSMADE UMB534493500 03/15/05 03/15/06 AGGREGATE S6,000,000 DEDUCTIBLE $ X RETENTION $10,000 $ WORKERS COMPENSATION AND X TORY LIMITS t_ER EL FACHACCIDENT - - -- — -- E.L. DISEASE- EA EMPLOYEEI C EMPLOYERS'LIABILITY ANY PROPRIETORrPARTNERIEXECUT IVE OFFICERIMEMBEREXCLUDED? 157341805 (CA) 02/06/05 02/06/06 S 1000000 - -- - S 1000000 . If es, describe under SPECIAL PROVISIONS below S 1000000 EL DISEASE - POLICY LIh11T OTHER C Errors I Omissions IE000000224001 05/26/04 05/26/05 Limit /clm 2,000,000 Ded 2,500 /clm DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS The City of Santa Ana, its officers, employees, agents, volunteers and representatives are additional insured as respects work performed on their behalf by the named insured, per attached endorsement CERTIFICATE HOLDER 4ANL.CLLAI Ivry City of Santa Ana Attn: Paula Coleman Fax 714- 647 -6515 20 Civic Center Plaza Santa Ana CA 92702 SNTAANA I SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRAI IN DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3 0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR ACORD 25 (2001108) cO ACORD CORPORATION 1988 Additional Insured — Scheduled - Owners, Lessees or Contractors - Broad Form 0 ZURICH Policy No. E117 Du of h I. Exp. Date oC Pol. Et7: Dale of End. PIbIILI er Add 'I Prom CP0370334100 03/15/05 03/15/06 03/15/05 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part SCHEDULE Name of Person or Organization City of Santa Ana APPROVED AS TO FORM 4auraSheedy Assistant City Attornev (If no entry appears above, information required to complete this endorsement trill be showu iu the Declarations as appli- cable to this endorsement.) A. WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the SCHEDULE above whom you are required to add as an additional insured on this policy under a written contract or wnCCn agreement. B. The insurance provided to the additional insured applies only to "bodily injury', "property damage" or "personal and adver- tising injury" covered under Section I, Coverage A, BODILY INJURY AND PROPERTY DAMAGE LIABILITY and Coverage B, PERSONAL AND ADVERTISING INJURY LIABILITY, but only if: 1. The "bodily injury' or "property damage" results from your negligence; and 2. The "bodily injury', "property damage' or "personal and advertising injury" results directly it nt: a. Your ongoing operations; or b. "Your work" completed as included in the "products- completed operations hazard ", performed for the additional insured, which is the subject of the written conu'act nr svrinen a_rcemelu. C. However, regardless of the provisions of paragraphs A. and B. above: L We will not extend any insurance coverage to the additional insured person or organization: a. That is not provided to you in this policy; or b. That is any broader coverage than you are required to provide to the additional insured person or organization in the written contract or written agreement, and 2. We will not provide Limits of Insurance to the additional insured person or organization that exceed the lower ot`. J -6E- 1177 -A( w loru_ I Pugs 1 ni '_ Includes copyrighted material of Insurance Services Office, Inc. with its permission. '�. a. The Limits of Insuranr *ovided to you in this policy; or � b. The Limits of Insurance you are required to provide in the written contracTor written agreement. D. The insurance provided to the additional insured does not apply to: 1. `Bodily injury", "property damage" or "personal and advertising injury" that results solely from negligence of the additional insured; or 2. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering or failure to render any professional architectural, engineering or surveying services including: a. The preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and b. Supervisory, inspection, architectural or engineering activities. E. The additional insured must see to it that: I. We are notified as soon as practicable of an `occurrence" or offense that may result in a claim: 2. We receive written notice of a claim or "suit' as soon as practicable; and 3. A request for defense and indemnity of the claim or "suit' will promptly be brought against any policy issued by an- other insurer under which the additional insured also has rights as an insured or additional insured. F. The insurance provided by this endorsement is primary insurance and we will not seek contribution from any other in- surance available to the person or organization shown in the Schedule unless the other insurance is provided by a con- tractor other than you for the same operations and job location. Then we will share with that other insurance by the method described in paragraph 4.c. of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS. Any provisions in this Coverage Part not changed by the terms and conditions of this endorsement continue to apply as writ- ten. APPROVED AS TO FORM z4 � Laura Stitt Sheedy Assistant City Attornev U -GL-I 177 -A CW (9/03) Page 2 of 2 DATE (MMI00M'I ACORD CERTIFIC,,,,TE OF LIABILITY INShr,',ANC DFL-1 04/09/04 PRODUCER Crist Elliott Hachette Ins. License #OB17224 2201 Broadway, Suite 725 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE Oakland CA 94612 Phone:510 -832 -8000 Fax:510- 832 -5054 INSURED INSURER A. Evanston Insurance Company INSURER B: Redflex Traffic Systems, Inc. I 15020 N. 74th St. Scottsdale AZ 85260 INSURER C. INSURER D: INSURER E: 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 OFANY 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 SUBJECTTO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OF INSURANCE POLICY NUMBER DATE MMIDD I GATE MM /DDIYY LIMITS 20 Civic Center Plaza ENL LIABILITY Santa Ana CA 92702 REPRESENTATIV EACH OCCURRENCE $ DAMAGE (Any one 7iral $ CO MMERCIAL GENERAL LIABILITY 'FIRE MED EXP(Any one person) $_ CLAIMS MADE OCCUR PERSONAL S AD INJURY $ GENERAL AGGREGATE 8 PRODUCTS - COMP /OP AGG $ GEN'L AGGREGATE LIMIT APPLIES PER., POLICY PRO JECT LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) $ ANY AUTO BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS BODILY INJURY (Per accident) I$ N ON- OWNEDAUTOS PROPERTY DAMAGE (Peracciden0 $ - -1 -- GARAGE LIABILITY AUTO ONLY - EA ACCIDENT S OTHER THAN EA ACC _ $ ANY AUTO $ AUTO ONLY'. AGO EXCESS LIABILITY OCCUR CLAIMS MADE n ! EACH OCCURRENCE $ AGGREGATE $ — DEDUCTIBLE $ RETENTION $ "' WORKERS COMPENSATION AND ". _ TORY LIMITS ER _ „- E.L. EACH ACCIDENT _ $ EMPLOYERS' LIABILITY E . DISEASE - EA EMPLOVEEI $ E.L. DISEASE - POLICY LIMIT 11 $ OTHER A Professional Liab. E0815123 04/12/031 06/11/04, Per Claim $1,000,000 Errors b Omission POLICY EXTENDE I Ded. 2,500 /claim DESCRIPTION OF OPERATIONS /LOCATIONSNEHICLESIEXCLUSIONS ADDED BY ENDORSEMENT /SPECIAL PROVISIONS Icrn Arc un1 nee I wT iuSLIMED wsmecR I FTTFR CANCELLATION SNTAANA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Santa Ana DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYSWRITTEN Attn: Paula Coleman NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO 00 SO SHALL Fax 714- 647 -6515 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR 20 Civic Center Plaza Santa Ana CA 92702 REPRESENTATIV AUTT2RIZZ REP SE rnoono ATrn Al 1988 ACORD 26S (7197) "”' " s ar—PI' CERTIFIC - E OF LIABILITY INSL.;, ANC�DFLRI DATE 04 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Crist Elliott Hachette Ins. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE License #0817224 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 2201 Broadway, Suite 725 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE Oakland CA 94612 Phone:510 -832 -8000 Fax:510- 832 -5054 INSURED ,n� / INSURERA'. St. Paul Insurance Companies INSURER B. State Compensation Fund /,/II- ✓ , Inc. Traffic Traffic Systems, Inc. Traffic Safety Systems 15020 N. 74th St. Scottsdale AZ 85260 INSURER C: Evanston Insurance Company p INSURER D'. INSURER E'. X COMMERCIAL GENERAL LIABILITY COVERAGES 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE l POLICY NUMBER DATE MM /DDIY YE DATE MMIDDIYY LIMITS Santa Ana CA 92702 GENERAL LIABILITY ALT RIZ REP SE EACH OCCURRENCE $1,000,000 FIRE DAMAGE (Any one lire) $100,000 A X COMMERCIAL GENERAL LIABILITY CK09402645 03/15/04 03/15/05 CLAIMS MADE L OCCUR MED EXP (Any one person) $ 5,000 PERSONAL &ADV INJURY $1,000,000 X Per location agg. GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER H PRODUCTS - COMP /OP AGG s2,000,000 POLICY JECT F7 LOC JEMP Ben. 1,000,000 AUTOMOBILE A LIABILITY ANY AUTO CK09402645 03/15/04 03/15/05 COMBINED SINGLE LIMIT (Ea acaitlent) gl r 000 r OOO BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS I BODILY INJURY (Per accident) $ HIRED AUTOS NON -OWNED AUTOS 7 / / PROPERTY DAMAGE (Per ar,oitlent) S _ GARAGE LIABILITY ,.,,. AUTO ONLY - EA ACCIDENT $ OTHER THAN EAACC ANY AUTO $ $ AUTO ONLY'. AGG EXCESS LIABILITY Ili EACH OCCURRENCE ,$6,000,000 AGGREGATE $6,000,000 A X OCCUR CLAIMS MADE CK09402645 03/15/04 03/15/05 $ $ DEDUCTIBLE _ $ X RETENTION $10,000 WORKERS COMPENSATION AND All X I TORY LIMITS ER $ EMPLOYERS' LIABILITY 157341800 (CA) 02/06/04 02 /06 /05 E. L. EACH ACCIDENT $1,000,000 E. L. DISEASE - EA EMPLOYEE $1,000,000 E. L. DISEASE - POLICY LIMIT $1,000,000 OTHER C Errors S Omissions E0811329 04/12/03 04/12/04 Limit /clm 1,000,000 Claims Ma I Ded. 2,500 /clm DESCRIPTION OF OPERATIONSILOCATIONStVEHICLES /EXCLUSIONS ADDED BY ENDORSEMENT /SPECIAL PROVISIONS The City of Santa Ana, its officers, employees, agents, volunteers and representatives are additional insured as respects work performed on their behalf by the named insured, per attached endorsement CERTIFICATE HOLDER IN I ADDITIONAL INSURED: INSURER LETTER: CANCELLATION SNTAANA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Santa Ana DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN Attn : Paula Coleman NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO 50 SHALL Fax 714- 647 -6515 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR 20 Civic Center Plaza Santa Ana CA 92702 REPRESENTATIVE . ALT RIZ REP SE ACORD 25 -S (7197) UACORD CORPORATION 191111 L ADDITIONAL PROTECTED PERSONS This endorsement changes your Commercial General Liability Protection. There are two changes which are described below. 1. The following is added to the Who Is Protected Under This Agreement section. This change adds certain protected persons and limits their protection. Persons or organizations for your work as required by written contract. Any person or organization that: • is not otherwise a protected person under this agreement; and • you agree in a written contract for insurance to add as an additional protected person under this agreement for your work; is a protected person. But only for covered injury or damage that results from your work for that person or organization. However, such person or organization is a protected person only for the lesser of: • the limits of coverage required by that written contract for insurance; or • the limits of coverage available under this agreement. But no such person or organization is a protected person for injury or damage that results from: • that person's or organization's sole negligence; or • the performance of, or failure to perform, architect, engineer, or surveyor professional services, if that person or organization is an architect, engineer, or surveyor. ` Z/Z _ .. Written contract for insurance means that part of any written contract or agreement in which you agree to add a person or organiza -ion as an additional protected person under this agreement that: • was made before; and • is in effect when; the bodily injury or property damage happens, or the personal injury offense or advertising injury offense is committed. Additional protected person may also be called an additional insured in the written contract for insurance. We explain the terms: • your work in the Products and completed work total limit section; and • architect, engineer or surveyor professional services in the Contract liability exclusion. 2. The following is added to the Other primary insurance section. This change broadens coverage. We'll consider this insurance to be primary to and non - contributory with the insurance issued directly to additional protected persons lis =ed below if: • your contract specifically requires that we consider this insurance to be primary or primary and noncontributory; or • you request before a loss that we consider this insurance to be primary or primary and non- contributory insurance. Other Terms All other terms of your policy remain the same. CSR KM A O��, `CERTIFI TE OF LIABILITY INSL; ;ANC DA02/03/0 DFL -1 02/03/04 PRODUCER Crist Elliott Machette Ins. License #OB17224 2201 Broadway, Suite 725 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE Oakland CA 94612 Phone:510 -832 -8000 Fax:510-832 -5054 INSURED INSURERA. OneBeacon Insurance Grp /Calif INSURERS OneBeacon Insurance Grp /Calif INSURER C: State Compensation Fund Redflex Traffic Systems, Inc. INSURER D: -" 15020 N. 74th St. Scottsdale AZ 85260 - INSURER E'. 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IN R LTR TYPE OF INSURANCE POLICYNUMBER DATE (Ni DATEYMM/D N LIMITS IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR GENERAL LIABILITY Santa Ana CA 92702 EACH OCCURRENCE $1,000,000 FIRE DAMAGE (Any one fire) $100,000 A X COMMERCIAL GENERAL LIABILITY QAR787938 02/06/03 03/15/04 MED EXP (Any one person) $ 5,000 CLAIMS MADE X OCCUR PERSONAL Is ADV INJURY $1,000,000 GENERAL AGGREGATE X82,000,000 _ GENT AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOP A $2,000,000 Emp Ben. 1,000,000 POLICY 'SIX JECT LOC B AUTOMOBILE LIABILITY X ANY AUTO FAAX62096 02/06/03 03/15/04 COMBINED SINGLE LIMIT (Ea accident) $1,000,000 _. _ BODILY INJURY $ (Per person),, ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS / BODILY INJURY $ (Per accident) _ PROPER YDAMAGE (Per accident) $ I GARAGE LIABILITY AUTO ONLY - EA ACCIDENT S OTHER THAN EA ACC $ ANV PUTO $ AUTO ONLY: AGG EXCESS LIABILITY EACH OCCURRENCE $ 4 , 000 , 000 _ AGGREGATE $4,000,000 A OCCUR CLAIMS MADE CADV03791 02/06/03 03/15/04 $ DEDUCTIBLE $ X RETENTION $10,000 WORKERS COMPENSATION AND '�. X TORY LIMI TS ER E. L. EACH ACCIDENT $1,000,000 C EMPLOYERS'LU181LITY 157341800 02/06/04 02/06/05 E . DISEASE - FA FMPLOYEE $ 1 , 000 , 000 E. L. DISEASE - POLICY LIMIT $1,000,000 OTHER DESCRIPTION OF OPERATIONSILOCATIONSNEHICLES /EXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS The City of Santa Ana, its officers, employees, agents, volunteers and representatives are additional insured as respects work performed on their behalf by the named insured, per attached endorsement "ATE HOLDER nCR I AT rNCIIRFrT INSURER I FTTFR CANCELLATION ACORD 25 -S (7197) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION SNTAANA City of Santa Ana DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL _30 DAYSWRITTEN Attn : Paula Coleman NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL Fax 714- 647 -6515 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR 20 Civic Center Plaza Santa Ana CA 92702 REPRESENTATIVE . AUT RR REP SE a nnnon nnODIIOATInM 1RRR ACORD 25 -S (7197) POLICY NUMBER: QAR787938 COMMERCIAL GENERAL LIABILITY CG 20 10 10 93 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -- OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organization: SEE CERTIFICATE (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of your ongoing operations performed for that insured. AS RESPECTS REDFLEX TRAFFIC SYSTEMS, INC. With respect to the insurance afforded the additional insured, paragraph 4 of COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV) is deleted and replaced by the following: 4. Other insurance: a.This insurance is primary, and our obligations are not affected by any other insurance carried by such additional insured whether primary, excess, contingent or on any other basis. b.This additional provision applies only to the person or organization shown in the schedule. CG 20 10 10 93 Copyright, Insurance Services Office, Inc., 1992 02/12/2004 14:40 4806075552 REDFLEX TRAFFIC ACQRRD CERTIFIC,TE OF LIABILITY f1, OOO OOO INSU, PRODUCER Crist Elliott Machette Ins. License ROB17224 1201 Broadway, Suite 725 Ikland CA 94612 ehone:510 -832 -8000 Fax:510 -832 -5054 INSURED R� 1 4� ij — ;2 M - 23 15026 N.TraffictSystems, Inc. Scottsdale AS 85260 PAGE 02/02 DATE IMMMIN" 02/03/0, HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURER A. Unebeacon insuu 11 a INSURER 8'. OneBeacon Insurance_ Grp /Calif INSURER C'. state Compensation Fund _ INSURER O'. _. UUYtKAUCa 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. AGGREGATE LMITS SHOWN MAY HAVE BEEN REDUCED BY PAN) CLAIMS. LTR A TYPE OFIN8URANCE GENERAL LIABILITY X CDMMERCALGENERAL LIABILITY CLAIMS MADE OCCUR POLICY NUMBER QAR787938 DAYE 02/06/03 DA E M 03/15/04 LIMITS EACH OCCURRENCE f1, OOO OOO FIR£DAMAGE(AWY Ire) $1-00,00-0- MEO E%P (Aly me person) PERSONAL a AOV INJURY GENERAL AGGREGATE $ 5, 000 $1,000,000 s2,000,000 PRODUCTS :GOMPIOP AGO $2,000,000 _ GEN'L AGGREGATE LIMIT APPLIES PER POLICY XC LOC Ben. 1,000,000 B AUTOMOBILE LIABILITY ANY AUTO I ALL OWNED AUTOS SCHEDULED AUTOS MIRED AUTOS NON- CWNFDAUTOS FAM62096 . ... 02/06/03 I ._. LPROPERTY f-- 03/15/04 COMBINED SINGLE LIMIT IEaam'aeml .g 1, OOO,OOO X . BODILY INJURY F., person) f - -'- -- BODILY INJURY (Per acdtleny $ _ _- $ - -- DAMAGE IPer =citlanl) GARAGE LABILITY` ANY AUTO '- I -'� AUTO ONLY -EA ACCIDENT E OTHER THAN EA ACC AUTO ONLY AGG III- I S A EXCESS LIABILITY (OCCUR �CLAIMSMADE DEDUCTIBLE X RETENTION E 10, 000 C DDVO3791 I 02/06/03 03/15/04 EACH OCCURRENCE S 4 , 000 , 000 AGGREGATE 34,000,000 a f --- . C WORKERS COMPENSATION AND EMPLOYERS!LASIUTY 157341800 02/06/04 02/06/05 ER *DISEASE NT f1, 000,000 EMPLOYE f 1,000,000 LICY LIMIT 31,000,000 OTHER I DESCRIPTION OF OPEPAiIONSfLOCATPDNSNEHICLES IEXCLUSONS ADDED BY ENDORSEMENTISPECAL PROVISIONS The City of Santa Ana, its officers, employees, agents, volunteers and representatives are additional insured as respects work performed on their behalf by the named insured, per attached endorsement CERTIFICATE HOLDER N i ADDITIONAL INSURED; INSURER LETTER: SNTAANA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXNRATIOI City of Santa Ana DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL _}Q_ DAYS WRITTEN Attn : Paula Coleman NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. BUT FAILURE TO 00 SO SHALL Fax 714 - 647 -6515 IMPOSE NO OBLIGA17ON OR LABILITY OF ANY KNO UPON THE INSURER. ITS AGENTS OR 20 Civic Center Plaza REPRESENTATIVES./ Santa Ana CA 92702 AMTy9RIZlp Re SE ! 2" ��0 02/12/2004 15:24 4806075552 c. M POLICY NUMBER: QAR787938 REDFLEX TRAFFIC PAGE 01/01 COMMERCIAL GENERAL LIABILITY Co 20 10 10 93 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -- OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART, SCHEDULE Name of Person or Organization: City of Santa Ana, its officers, asployess, agents, volunteers* and representatives (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section if) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of your ongoing operations performed for that insured. AS RESPECTS REDFLEX TRAFFIC SYSTEMS, INC. With respect to the insurance afforded the additional insured, paragraph 4 of COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV) is deleted and replaced by the following: 4. Other insurance: a.This insurance is primary, and our obligations are not affected by any other insurance carried by such additional insured whether primary, excess, contingent or on any other basis. b.This additional provision applies only to the person or organization shown in the schedule. CG 20 10 10 93 Copyright, Insurance Services Office, Inc., 1992 ACORD CERTIFICXi OF LIABILITY INSUF,,J NCB CSR KM DATE (MM DD YY) DFL -1 02/19/03 PRODUCER -I THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Crist Elliott Machette Ins. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE License #OB17224 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 150 Grand Avenue ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Oakland CA 94612 INSURERS AFFORDING COVERAGE Phone:510 -832 -8000 Fax:510- 832 -5054 Redflex Traffic Systems, Inc. 15020 N. 74th St. Scottsdale AZ 85260 INSURER A: OneBeacon Insurance INSURER B: OneBeacon Insurance INSURERC: State Compensation INSURER D: INSURER E: if VVVCRNVGJ THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REOUIREMENT, 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 AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. _ IN3R` LTR TYPE OF INSURANCE POLICY NUMBER is DATE MM /DDIYYE DATEYMM10DfVN LIMITS AUT RIZ DREP BE n ernRll CORPORATION 1988 EACH OCCURRENCE S 1, OOO , 000 I LIABILITY FIRE DAM AGE (Any pne lire) 5100, DDD A GENERAL r$I COMMERCIAL GENERAL LIABILITY QAR787938 02/06/03 02/06/04 MED EXP (Any one person) S 5,000 CLAIMS MADE 1 OCCUR ICI_ PERSONAL B ADV INJURY $1,000,000 L ' GENERAL AGGREGATE E2,000,000 PRODUCTS - COMP /OPAGG E2,000,000 - -. GEN L AGGREGATE LIMIT APPLIES PER: Em Ben. 1,000,000 1POLIGY X FIR LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $1,000,000 B X I ANY AUTO FAAX62096 02/06/03 02/06/04 1 (Ea accident) ALL OWNED AUTOS BODILY INJURY (Per person) $ SCHEDULED AUTOS 7_11 HIRED AUTOS BODILY INJURY $ NON -OWNED AUTOS - 7" , (Per accident) - DAMAGE - 1 - -- -- ? Ll �"..✓ll+"' PROPERTY (Per accident) $ I GARAGE LIABILITY AUTO ONLY - EA ACCIDENT S OTHER THAN EA ACC S ANY AUTO $ --� AUTO ONLY: AGG EACH OCCURRENCE $ 4,000,000 EXCESS LIABILITY AGGREGATE E4,000,000 A _OCCUR �CLAIMSMADE CADV03791 02/06/03 02/06/04 E S DEDUCTIBLE _' $ �—� IX RETENTION S 10, 000 WORKERS COMPENSATION AND X I TORY LIMITS' ER E.L. EACH ACCIDENT $1,000,000 C EMPLOYERS' LIABILITY 3,57341800 02/06/03 02/06/04 E.L. DISEASE - EA EMPLOYEES o 1 , OOO , OO E.L. DISEASE - POLICY LIMIT $1,000,000 OTHER I I DESCRIPTION OF OPERATIONS ILOCATIONSNEHICLESIEXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS The City of Santa Ana, its officers, employees, agents, volunteers and representatives are additional insured as respects work Pe PTO FORIA behalf by the named insured, per attached endorsement ZSTINE nE LE SHAW L,LK nr0.,A I C MVLUCR I p - SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION sNTAANA City of Santa Ana DATE THEREOF, THE ISSUING INSURER WILL ER88d8)M MAIL 30 DAYSWRITTEN Attn: Paula Coleman NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Fax 714-647-6515 x8St�56iF1GXdGXOFl6 XA1JFYCALiCFW611 X 20 Civic Center Plaza x Santa Ana CA 92702 AUT RIZ DREP BE n ernRll CORPORATION 1988 ACORD 25 -S (7197) Sent by: CRIST ELLIOTT MACHETTE _ coR•. CERTIFICA 510 832 5054; 021191^" 16:12; jj&L -p499;Page 1/1 OF LIABILITY INS Cries 81liott machette Ins- License OOD17224 150 Grand Avenue Oakland CA 94612 Phone:510 -832 -8000 Pax:510 -832 -5054 Redflex Traffic Systems, Inc. 15020 IR. 74th SC• Scottedals AZ 85260 AND NOT BY' DATE (M W PDMYI INSURERS AFFORDING COVERAGE ._ INSURER A '. OneBeaCOn Ineur _- INSURER B,__ One9eaaon._ Ynsurance_ Grua /Calif __.. -,__ NSURERC. State Compensation Fund INSURER P: .. COVERAGES THE POLICIES of INSURANCE LISTEP BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTIMTHBTANDIN 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 AF FORDED BY THE POLICES DESCRIBED HEREIN IS SU8JECT TO ALL THE TERMS, ERC USrQN5 AND CONOITIONS OF SUCH -_._ ._... ....__..-.. e- -•=w nnrn f•r -MA. POLICIES AGGREGR7I, UMI 10 Orson m- �.r•- - .•�...._- -___ -� ��_- -- _.-.... .__ TE I ON ATE'MM10 LIMITS LT k TYPE Of INSURANCE POLICY NUMBER M GATE M 1 5 1, 000I—Le 9 EACH OCCURRENCE GENERAL LIAmLITY 02/06/03 02/06/04 ' -' FIRE DAMAGE PAr ON Mei_ $1,00;,000 A �xl! COMMERCIAL GENERAL L60SILITY QAR787939 ant 115,000 MED EAP IAny peraonl CLAIMS MADE (A OCCUR PERSONAL 8ADVIWURY SL ODD,OOD s2,000,000 .. i - - - - -- -- - GENERALAGGREGATE !- — - -_- . _ .... PRODUCTS- COMPrOPAGG S2 000 00.0 _ CEN'L AGGREGATE LIMIT APPLIES PER EM Ben. 1 000 000 Loc POLICY x JECT AUTOMOBILE WBWTV CONBINEA SINGLE LIMIT I� ""W°"`I 51,000 ;000 PAM 62096 02/06/03 02/06/04 —. _..____... g �C ANY AUTO ALL OWNED AUTOS ^_.• BODILY INJURY [Per pmw) S SCNEDULEDAUTOS ` WRED AUTOS BODILY INJURY (rer aeOeentl 11 NOrvAsvNEPAUiDS �7 l ■I PIS - PROPERTY DAMAGE S (Pe( gMIGAnI) ' I-- AUTO ONLY • EA ACCIDENT 5- ._..__.... EA ACC OTHERTHAN G- A-RAGELIABNITY 1 L S ANY AUTO i AUTO ONLY: AGO f_ EACH OCCURRENCE $4 000,000 AGGGREGATE - -.... .._.- s d 000 000 _ LLASILnY OCCUR �... � CLQMS MADE + cADv03791 02/06/03 02/06/04 A I� --._....._._..... _- 5,- DEDUCTIBLE ..____...__..— ,X ftEl�NrwN 110 000 i x WORAER9 COMPENSATION AND EMPLOYERS'LIANLITY 157341800 02/06/03 02/06/04 TORY LIMITS E. L. EACH ACCIDENT S 1 000,000 51 000,000 _ C E L. DISEASE. EA EMPLOYE E. L. DISEASE - POLICY LIMIT 111 000,000 ' OTHER i ;•sienna nc nRERAnONSrLOCwTIONSNEH11 LESrEXCLW1oNSAPDEC BY ENOORSEMENTIBPECIAL PROVISIONS i The City of Santa Arta, its officerg, employees, agence, �Uauaa�ov.a represencativea are additional insured as respects work performed on their behalf by the named insured, per attached endorsement city of Santa Ana Actnt Pau1R Coleman Sax 714- 647 -6515 20 CIVie CBAB:er Plaza Santa Ana CA 92702 BN1rAANA SHOULD ANY OF THE ABOVE 061CRIBEo POLICIES BE CANCELLED BEFORE THE ExPIRATIUF DATE THEREOF. THE I5SLISIO INSURER ML.L1WYta�MAIL _3D- DAYSWRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TD THE LEFT. T41f tKifdH41G8i Ymv)06=xKa1W= Sent by; CRIST ELLIOTT MACHETTE )w 510 032 5054; POLICY NUMBER: OAR787P38 02/24/16:34; ]et�g523;Page 1/1 COMMERCIAL GENERAL LIABILITY CG 20 10 10 93 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSYRED -- OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organization: City of Santa Ana, its officers, employees, agents, volunteers, and represpatatives (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section 11) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of your ongoing operations performed foi!M t i £Fpea$ T9 FORM �z AS RESPECTS REDFLEX TRAEFFIC SYSTEMS, INC. CR E LEE SHAW Deputy City Attorney With respect to the insurance afforded the additional insured, paragraph 4 of COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV) is deleted and replaced by the following: 4. Other insurance: a.This insurance is primary, and our obligations are not affected by any other insurance carried by such additional insured whether primary, excess, contingent or on any other basis. b.This additional provision applies only to the person or organization shown in the schedule. CG 20 10 10 93 Copyright; Insurance Services Office, Inc., 1992 Post -it' Fax Note 7671 D4�8 ,�. !f _;3 PBO)°7B� ' 'h r Fr krm W) / Colo°pi. D7 AA& p(E c0. i d Phone 0 Phone N DEC 18 2002 11:28AM HP 'RSERJET 3200 KM FLicenslb pw CERTIFICATE OF LIABILITY INSURANC�DFL -1 EX R THIS CERTIFICATE IS ISSUED AS A MATTER OF INFI glliott 3(achetts Ina. ONLY AND CONFERS NO RIGHTS UPON HECERTII AOB17224 ALLTERTHE COVERAGE AFFORDEDBYT HEPOLICII rand Avenue nd CA 94612 INSURERS AFFORDING COVERAGE eJ510 -632 -8000 Bax1510 -632 -5054 _ ^ -- ���ae.��r raaurance Gzp /Ca: B: C: Radflex Traffic Systems, Inc. 15020 N. 74th St. Scottsdale A2 85260 P.2 DATE (MMIDOIY'T) [UVr.KA MO THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWI ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID "INS. OnENFRALAGGREGATE MITS YAIOMMERCILA PE OFINSURANCE POLICY NUMBER DATE M D DATE MIDDNY NCE 31,000 ABITY L GENERAL LABILI TY QAR787938 02/06/02 02/06/03 IY melle) 5100, ne Pmm) 35,000 W M8 MADE a OCCUR DV INJURY S 1, 0 0 0 REGATE 52,004 PRODUCTS -COMPIOPAGG I $ 2, 000, 00D EXCESS LIABILITY �CWMSIAAOE CADW40311 02/06/02 02/06/03 AGGREGATE $4,000,001 B OCCUR S 3 DEDUCTISLE $ WORKERS COMPENSATION AND C EMPLOYERS' LIABILITY 157341800 (CA ONLY) 02106/02 02/06/03 E.L.EACHACGDENT $ E.L. DISEASE -EA EMPLOYE S EL DISEASE - POLICY LIMIT I OTHER DESCRIPTION OF OPERATIONSM1OCATION &VEIMCLEBIEXCLUSIDNS ADDED BY ENDORSEMENTISPECIAL PROVISIONS The City Of Santa Ana, its officers, employees, agents, volunteers and representatives are additional insured as respects work performed on their behalf by the named insured, per attached endorsement ADDOIONALINSUREDI City of Santa Ana Attn+ Paula Coleman Fax 714- 647 -6515 20 Civic Center Plaza Santa Ana CA 92702 LETTER: SNTAANA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE UNC D 3.0__EEAYS WRITTEN n DATE THEREOF, THE ISSUING INSURER WALL IJIDSEM11000 MAIL NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, GEN 'L AGGREGATE LIMIT APPLIES PER B pAAX62096 02/06/02 0 02/06/03 ( Ban. 1 1,000,000 A X AUTOMOBILELABILITY C ANYAUTG p X A SCHEDULEDAUTOS A Ann `'[.'l S S T'O FO M M jPeDlaxlEenOlj Y 3 3 NONOW'NEDAUTOS '� j jP�PCCideM[AMAGE 3 3 GARAGE L LIABILITY D Att T TDCy A AUTO ONLY -EA RCGOENT 3 3 EACH OCCURRENCE $ $4,000,001 WORKERS COMPENSATION AND C EMPLOYERS' LIABILITY 157341800 (CA ONLY) 02106/02 02/06/03 E.L.EACHACGDENT $ E.L. DISEASE -EA EMPLOYE S EL DISEASE - POLICY LIMIT I OTHER DESCRIPTION OF OPERATIONSM1OCATION &VEIMCLEBIEXCLUSIDNS ADDED BY ENDORSEMENTISPECIAL PROVISIONS The City Of Santa Ana, its officers, employees, agents, volunteers and representatives are additional insured as respects work performed on their behalf by the named insured, per attached endorsement ADDOIONALINSUREDI City of Santa Ana Attn+ Paula Coleman Fax 714- 647 -6515 20 Civic Center Plaza Santa Ana CA 92702 LETTER: SNTAANA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE UNC D 3.0__EEAYS WRITTEN n DATE THEREOF, THE ISSUING INSURER WALL IJIDSEM11000 MAIL NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, DEC 18 2002 11:28RM HP 'RSERJET 3200 ti,o POLICY NUMBER: QAR787938 p.3 Ifte LWA COMMERCIAL GENERAL LIABILITY CG 20 10 10 93 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -- OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organization: city of Santa Ana, its officers, employees, agents, volunteers and representatives (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section tl) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of your ongoing operations performed for that insured. AS RESPECTS REDFLEX TRAFFIC SYSTEMS, INC. With respect to the insurance afforded the additional insured, paragraph 4 of COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV) is deleted and replaced by the following: 4. Other insurance: a.This insurance is primary, and our obligations are not affected by any other insurance carried by such additional insured whether primary, excess, contingent or on any other basis. b.This additional provision applies only to the person or organization shown in the schedule. CG 20 10 10 93 Copyright, Insurance Services Office, Inc., 1992 APPROVED AS TO FORM Laura heed Deputy City Attorney AC_ORU CERTIFICATE OF LIABILITY INSURANCE DC z1 DATE 03 (MM 4/YY7 REFL_! 19 07 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Crist Elliott Machette Ins. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE License #OB17224 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 2201 B d S i t 725 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. roa way, u>_ e Oakland CA 94612 Phone:510- 832 -8000 Fax:510 -832 -5054 INSURED �- acr�a_a�l Redflex Traffic Systems, Inc. 15020 N. 74th St. Scottsdale AZ 85260 CnVFRAnFS INSURERS AFFORDING COVERAGE i NAIC # INSURERA: codtinuadt.ic.audity Company INSURER B Continental Insurance INSURER C: AMERICAN INTERNATIONAL GROUP INSURER D Lloyds of _ London Insurance INSURER E: Travelers Casualty s surety ca 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 15 SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Attn : Paula Coleman INSR DD'L - - - - -- -- _- - LTR NSRO TYPE OF INSURANCE POLICY NUMBER -- -( POLICY EFFECTIVE I POLICY EXPIRATION DATE MMIDD/YY DATE MM /DD119' LIMITS GENERAL LIABILITY EACH OCCURRENCE - _L$1, 000, 000 — - _ - A X IX COMMERCIAL GENERAL LIABILITY 2092673062 DAMAGETOTiENT]i 03/15/07 03/15/08 PREMISES (Ed occurence)_ 000 II, CLAIMS MADE, X OCCUR +I$1,000 MED EXP (Any one person) $ 5 , 000 ALIT RIZ REP SE 'PERSONAL &ADVIN.IURY $1,000,000 X Empl Benefits Lia GENERAL AGGREGATE s21000,000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS COMP/OP AGG $ 2 , OOO , 000 POLICY JEC X ILOC _ _ Emp Ben. 1,000,000 AUTOMOBILE LIABILITY COMBINED NGLE LIMIT S $1,000,000 B'I X''. ANY AUTO 2092673059 03/15/071 03/15/08 (Eaacadern) ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) HIRED AUTOS I BODILY INJURY $ NON -OWNED AUTOS (Per accident) B X Comp — $1000. ded PROPERTY DAMAGE - _. B X Coll- $1000 ded (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC I $ -__. AUTO ONLY: AGG i $ EXCESS /UMBRELLA LIABILITY 'I. EACH OCCURRENCE $19,000,000 A X .00CUR CLAIMS MADE 1 2092673045 03/15/071(( 03/15/08 AGGREGATE ($19,000,000 $ DEDUCTIBLE $ X RETENTION $10,000 $ WORKERS COMPENSATION AND XI TORY LIMITS ER C WC9689300 (CA) 05/01/06 05/01/07 05/01/07 E.L. EACH ACCIDENT $1000000 ANY PROPRIETORIPARTNER /EXECUTIVE C OFFICER/MEMBER EXCL UDEDI NC9Ee9299 ;ALL OTIMP, STS) 05/01/06 _ 05/011/07 EE —L. DISEASE - EA EMPLOYEE'. $ 1000000 If yes describe under I SPECIAL PROVISIONS below I - -_- — __ -_ -- E.L. DISEASE - POLICY LIMIT $ 1000000 I OTHER D ',Errors &Omissions& SP000320B 03/15/07! 03/15/08 E &O 2,000,000 ':Cyberliability Deductibl 35,000 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS The City of Santa Ana, its officers, employees, agents, volunteers and representatives are additional insured as respects work performed on their behalf by the named insured, per attached endorsement CERTIFICATE HOLDER CANCELLATION SNTAANA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Santa Ana DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN Attn : Paula Coleman NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL Fax 714-647-6515 20 Civic Center Plaza : � i,:v C.? ` =i�''x IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR .,. Santa Ana CA 92702 Y- REPRESENTATIVE . ALIT RIZ REP SE AGORD 25 (ZUOT /O8) V' — / 1( © ACORD CORPORATION 1988 NOTEPAD: REDFL -1 PAGE i2. INSURED'SNAME Redflex Traffic. Systems, Inc. CSR KH DATE 03%14/07 Certificate holder is also included as an insured on a primary basis as respects auto liability coverage per policy wording. (Company A) 2092673062 3/15/07 to 03/15/08 Installation Floater: $1,000,000 Limit Per Occurrence $250,000 Limit Per Jobsite $10,000 Deductible valuable Papers S Records including Cost of Research: Included in Blanket Business Personal Property limit of $940,000. Deductible: $5,000 (Company E) 104861759 12/22/06 to 12/22/07 Third Party Fidelity: $300,000 limit per claim $ 5,000 deductible /claim Redflex Traffic Systems, Inc. 2092673062 1 G- 140331 -A (Ed. 01/01) IMPORTANT: THIS ENDORSEMENT CONTAINS DUTIES THAT APPLY TO THE ADDITIONAL INSURED IN THE EVENT OF OCCURRENCE, OFFENSE, CLAIM OR SUIT. SEE PARAGRAPH C.I. OF THIS ENDORSEMENT FOR THESE DUTIES. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTOR'S SCHEDULED AND BLANKET ADDITIONAL INSURED ENDORSEMENT WITH PRODUCTS - COMPLETED OPERATIONS COVERAGE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Designated Project: City of Santa Ana, CA (Coverage under this endorsement is not affected by an entry or lack of entry in the Schedule above.) A. WHO IS AN INSURED (Section II) is amended to not in addition to, the Limits of Insurance shown include as an insured any person or organization, in the Declarations. including any person or organization shown in the 3. The coverage provided to the additional insured schedule above, (called additional insured) whom by this endorsement and paragraph f. of the you are required to add as an additional insured on definition of "insured contract" under this policy under a written contract or written DEFINITIONS Section ( u) m not apply to agreement; but the written contract or written "bodily injury" is "property damage" arising out agreement must be: of the "products- completed operations hazard" 1. Currently in effect or becoming effective during unless required by the written contract or the term of this policy; and written agreement. 2. Executed prior to the "bodily injury," "property 4. The insurance provided to the additional damage," or "personal and advertising injury ". insured does not apply to "bodily injury," "property damage," or "personal and advertising B. The insurance provided to the additional insured is injury" arising out of an architect's, engineer's, limited as follows: or surveyor's rendering of or failure to render 1. That person or organization is an additional any professional services including: insured solely for liability due to your a. The preparing, approving, or failing to negligence specifically resulting from "your prepare or approve maps, shop drawings, work" for the additional insured which is the opinions, reports, surveys, field orders, subject of the written contract or written change orders or drawings and agreement. No coverage applies to liability specifications; and resulting from the sole negligence of the additional insured. b. Supervisory, or inspection activities applicable to the performed as part of any related 2. The Limits of Insurance a PP architectural or engineering activities. additional insured are those specified in the written contract or written agreement or in the C. As respects the coverage provided under this Declarations of this policy, whichever is less. endorsement, SECTION IV — COMMERCIAL These Limits of Insurance are inclusive of, and GENERAL LIABILITY CONDITIONS are amended as follows: G- 140331 -A Page 1 of 2 (Ed. 01/01) CNA 1. The following is added to the Duties In The Event of Occurrence, Offense, Claim or Suit Condition: e. An additional insured under this endorsement will as soon as practicable: (1) Give written notice of an occurrence or an offense to us which may result in a claim or "suit' under this insurance; (2) Tender the defense and indemnity of any claim or "suit' to any other insurer which also has insurance for a loss we cover under this Coverage Part; and (3) Agree to make available any other insurance which the additional insured has for a loss we cover under this Coverage Part. G- 140331 -A (Ed. 01/01) G- 140331 -A (Ed. 01/01) f. We have no duty to defend or indemnify an additional insured under this endorsement until we receive written notice of a claim or .suit' from the additional insured. 2. Paragraph 4.b. of Condition is deleted following: 4. Other Insurance the Other Insurance and replaced with the b. Excess Insurance This insurance is excess over any other insurance naming the additional insured as an insured whether primary, excess, contingent or on any other basis unless a written contract or written agre5)ment specifically requires that this insurance be either primary or primary and noncontributing. Page 2 of 2 ACORD CERTIFICATE OF LIABILITY INSURANCE OP ID DATE(MMIDDNYYY) REDFL -1 S 03/13/08 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION California Insurance Center A ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE CA Lic. # 0423393 �c HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 3697 Mt. Diablo Blvd., #300 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. ayette CA 94549 ; e:925-299-1112 Fax:925- 299 -0328 INSURERS AFFORDING COVERAGE NAIC# 11MED INSURER A: National Fire ins of Hartford INSURER B: valley Forge Insurance Co. 20508 Redflex Traffic Systems, Inc. INSURER C: Continental Insurance 15020 N. 74th St. INSURER D: Lloyds of London Scottsdale AZ 85260 INSURER E: COVERAGES 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Nw LTR ADD, NSR 'TYPE OF INSURANCE POLICY NUMBER P LI Y EFFE TIVE DATE MWDDIYY 'POLICY PIRATI N DATE MM/DDIYY LIMITS �', GENERAL LIABILITY ( EACH OCCURRENCE $ 1 , 0 0 0 , 0 0 0 A X X COMMERCIAL GENERAL LIABILITY CLAIMS MADE OCCUR 2088537791 03/15/08 03/15/09 PREM� IS aoccurence) $ 1, 000, 000 MED EXP (Any one person) $ 5 , 0 0 0 PERSONAL &ADVINJURY $ 1, 000, 000 GENERAL AGGREGATE $ 2, 000, 000 GENT AGGREGATE LIMIT APPLIES PER: POLICY PRO- JECT X LOC PRODUCTS - COMP /OP AGG $ 2 , O 0 0 , 0 0 0 i Em Ben. 1, 000, 000 C AUTOMOBILE X LIABILITY ANY AUTO 2088537757 03/15/08 03/15/09 COMBINED SINGLE LIMIT (Ea accident) $ 1, 000, OOO ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per person) $ HIRED AUTOS NON -OWNED AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ C EXCESS /UMBRELLA LIABILITY X OCCUR E CLAIMSMADE L2097617177 03/15/08 03/15/09 EACH OCCURRENCE $ 19 , 0 0 0 , 0 0 0 AGGREGATE $ 19, 000, 000 H DEDUCTIBLE I $ X RETENTION $ 10 , 0 0 0 $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIEI'ORIPARTNER/EXECUTIVE 2082598275 CA 05/01/07 05/01/08 X TORY LIMITS ER ' E.L. EACH ACCIDENT $ 1000000 OFFICERIMEMBEREXCLUDED? K es, describe under SPECIAL PROVISIONS below 2082598038 AI.L OTHER sxs 05/01/07 05/01/0$ E.L.DISEASE-EAEMPLOYEE $ 1000000 E.L. DISEASE - POLICY LIMIT $ 10 0 0 0 0 0 OTHER D Errors & Omissions iB0738SP000320C C berliabilit CLAIMS MADE 03/15/08] 03/15/091 E &O /Cyber 2,000,000 Ded. 35,000 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Per G- 140331 -A The City of Santa Ana, CA, its officers, employees, agents, volunteers and representatives are named as Additional Insured as respects to General Liability. 6r- KIIr1\.AIr nvLUCR GANGtLLA1IUN CITSANT SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATI01 DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3 0 DAYS WRITTEN • NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL City of Santa Ana IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR 20 Civic Center Plriza - REPRESENTATIVES. Santa Ana CA 92702 AUTHORIZE RESE lyE Al yu, ACORD 25 (2001/08) © ACORD CORPORATION 1988 . IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001108) Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in the General Liability coverage part to the first Named Insured, the General Liability 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. Valuable Papers: Policy Number 2088537791 Effective 3/15/08 to 3/15/09 Limit: $250,000 Deductible: $5,000 installation: Policy Number 2088537791 Effective 3/15/08 to 3/15/09 Limit: $1,000,000 per occurrence Deductible: $25,000 Third Party Fidelity: Travelers Insurance: Policy Number 104861759 Effective 12/22/07 to 12/22/08 Limit: $500,000 per claim * Except 10 Days in the event of cancellation for non - payment of premium. Redflex Traffic Systems, Inc. 2088537791 CNA -140331-A . (Ed. 01/01) IMPORTANT: THIS ENDORSEMENT CONTAINS DUTIES THAT APPLY TO THE ADDITIONAL INSURED IN THE EVENT OF OCCURRENCE, OFFENSE, CLAIM OR SUIT. SEE PARAGRAPH C.I. OF THIS ENDORSEMENT FOR THESE DUTIES. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTOR'S SCHEDULED AND BLANKET ADDITIONAL INSURED ENDORSEMENT WITH PRODUCTS - COMPLETED OPERATIONS COVERAGE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Designated Project: Per contract City of Santa Ana, CA, its officers, employees, agents, volunteers and representatives 20 Civic Center Plaza Santa Ana, CA 92702 . (Coverage under this endorsement is not affected by an entry or lack of entry in the Schedule above.) A. WHO IS AN INSURED (Section II) is amended to include as an insured any person or organization, including any person or organization shown in the schedule above, (called additional insured) whom you are required to add as an additional insured on this policy under a written contract or written agreement; but the written contract or written agreement must be: 1. Currently in effect or becoming effective during the term of this policy; and 2. Executed prior to the "bodily injury," "property damage," or "personal and advertising injury". B. The insurance provided to the additional insured is limited as follows: That person or organization is an additional insured solely for liability due to your negligence specifically resulting from "your work" for the additional insured which is the subject of the written contract or written agreement. No coverage applies to liability resulting from the sole negligence of the additional insured. 2. The Limits of Insurance applicable to the additional insured are those specified in the • written contract or written agreement or in the C Declarations of this policy, whichever is less. These Limits of Insurance are inclusive of, and not in addition to, the Limits of Insurance shown in the Declarations. 3. The coverage provided to the additional insured by this endorsement and paragraph f. of the definition of "insured contract" under DEFINITIONS (Section V) do not apply to "bodily injury" or "property damage" arising out of the "products- completed operations hazard" unless required by the written contract or written agreement. 4. The insurance provided to the additional insured does not apply to "bodily injury," "property damage," or "personal and advertising injury" arising out of an architect's, engineer's, or surveyor's rendering of or failure to render any professional services including: a. The preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and b. Supervisory, or inspection activities perfgrmed as part of any related architectural or engineering activities. As respects the coverage provided under this endorsement, SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS are amended as follows: G- 140331 -A (Ed. 01/01) Page 1 of 2 0 • • Cif.' /c1 1. The following is added to the Duties In The Event of Occurrence, Offense, Claim or Suit Condition: e. An additional insured under this endorsement will as soon as practicable: (1) Give written notice of an occurrence or an offense to us which may result in a claim or "suit' under this insurance; (2) Tender the defense and indemnity of any claim or "suit' to any other insurer which also has insurance for a loss we cover under this Coverage Part; and (3) Agree to make available any other insurance which the additional insured has for a loss we cover under this Coverage Part. G- 140331 -A (Ed. 01101) G- 140331 -A (Ed. 01/01) f. We have no duty to defend or indemnify an additional insured under this endorsement until we receive written notice of a claim or "suit" from the additional insured. 2. Paragraph 4.b. of the Other Insurance Condition is deleted and replaced with the following: 4. Other Insurance b. Excess insurance This insurance is excess over any other insurance naming the additional insured as an insured whether primary, excess, contingent or on any other basis unless a written contract or written agreement specifically requires that this insurance be either primary or primary and noncontributing. Page 2 of 2 Ac CERTIFICATE OF LIABILITY INSURANCE OP ID SA DATE(MMIDD/YYYY) REDFL-1 03/02/09 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION CIC /AJG & Co Ins. Bkrs . of CA ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE CA LIc. # 0726293 - HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 3697 Mt. Diablo Blvd., #300 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Lafayette CA 94549 Phone: 925 - 299 -1112 Fax: 925- 299 - 03210 MAY _8 INSURED CITE' Redflex Traffic Systems, Inc��': 23751 N. 23rd Avenue Ste 150 '" Phoenix AZ 85085 -1854 0N@PJ*5S AFFORDING COVERAGE I NAIC # INSURER A National Fire Ins of Hartford INSUMvt.B Continental Insurance Co. 35289 INSURER C: Transportation Insurance Co. 20494 INSuRiR n: 'The Standard Fire Ins. Co. INSURER E: Endurance American Specialty COVERAGES 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR NS TYPE OF INSURANCE POLICY NUMBER 7IMM1MD/09 DATE MM/D LIMITS GENERALLIABILIIY EACH OCCURRENCE $1,000,000 A X X COMMERCIAL GENERAL LIABILITY 2088537791 03/15/10 PREMISES om,ranca 61,000,000 CLAIMS MADE FX OCCUR MED EXP (Arty one person) S 5 0 0 0 A I XjPer location agg GEML AGGREGATE LIMIT APPLIES PER POLICY IX 1 PRO- f LOC AUTOMOBILE LIABILITY X ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS GARAGE LIABILITY 7 ANY AUTO 2088537757 APPROVED EXCESS/UMBRELLA LIABILITY OCCUR EI CLAIMSMADE 1 2097617177 03/15/09 TO Stitt iL,;6ay L City Acorn 03/15/09 PERSONAL & ADV INJURY '000 GENERAL AGGRWATE s2 000,000 PRODUCTS - COMP/OP AGG s 2, 0 0 0, 0 0 0 Emp Ben. 1,000,000 COMBINED SINGLE LIMIT 03/15/10 (Ea accident) $1,000,000 (Per p ) RY I S I BODILY (Per axiderd)RY I s I ON$ DAMAGE $ t) - EA ACCIDENT $ N EA ACC $ : AGG S RRENCE $19, 0 0 i 03/15/10 E s 19, 000 DEDUCTIBLE $ $ X RETENTION $10,000 $ WORKERS COMPENSATION AND LI Wr X TORY MITS ER D EMPLOYERS' LIABILITY pCUB2692N16309 03 ANY PROPRIETOR/PARTNER/EXECUTNE /15/09 03/15/10 E.LEACHACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? H describe under E L. DISEASE - EA EMPLOYEE $ 1 , 000 , 000 SPECIAL PROVISIONS below OTHER E.L. DISEASE - POLICY LIMIT $1,000,000 i I !E Errors & Omissions PPL10001275600 03/15/09 03/15/10 E &O 2,000,000 Cyberliabi-lity Retention 35,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS Per G- 140331 -A the City of Santa Ana, CA, its officers, employees and volunteers are named as Additional Insured as respects to General Liability. Coverage is primary & non - contributory. UrK L It-IGA It= HOLDER CITSANA City of Santa Ana Paula Coleman 20 Civic Center Plaza Santa Ana CA 92702 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBUGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVE$. ACORD 25 (2001108) ©ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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). DISCLAIMER The Certificate of Insurance on'the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or:alter the coverage afforded by the policies listed thereon. AI.VRU L.7 �LVV7N6� Red#px Traffib'-systemeinc. 24887791 [i JO(JRTANT.- A'OPIT10"NAL 1344033 I-A d - �1/m) Lt r -APPLY 'T.() THE RJR * P�Am ` QT- � $#e . - 0. k I . C 7H80D0fttMENTGHAN. G.ES-TA"EjP OU OY-PUEASSV IEAb. l TCA RE.F jjL.L NQ RLANKETADDITIONA:L !NSURED r ENDORSEMENT WITH FIR-00.6 JOTS-COMPLE18D-OPE. RATIOUS COVERAGE TIfis-eixforsement modMes-insuraric6lprovided filld.e•thp.461lowing: COMMERCIAL GENERAL LIMIUTY-COVERAGR PART .NWnO Of POki4i V Ci�banliailom 'bet' .191114054 Per written contract. t .17 W rkft. et didbY anentrypr the in fth6dille-4bow.) A. WHO IS AN INSEMtb. (Section to include an I)I$UW _Wft :n6t Ifi addition tD, - 'th the -U' r POrwh Ot orgarfizatlori inbluding. 8ftypemon -or vtg*4000 $k*h iri -thg in the; peclatatfolh. h :314 'The cova-d t6th" -,6nddriie"m'em you are requb-df�p'aW as Ion &141W. $.Oted art by, I hjs� arfd'. rid; U or ORO a: wrt -cord, V ft:am- $m -the Wtiftim- :co&6azc.t* or. vidtie'r'l :eifiji4 twhrilliob of rd raW under Ion -do "I Fill to must be,' ..4pply if oqt. '.pMdbpts-r;b '14 currently ecar- iming effeGrIve-d , bfto Y d rig `th Of thd - - . . . m -.1 . utiIJ069.- tt t he the term rm of: P011W, i8nd .4iired Wiiltqn 000##q ter �.k WW 06r, to -the s "bod.Uy- 1pjWty, dama -o,� or"Orsb4alond iaverfii' frijury, mg 4. The insurance prplyfOod g INtuted ult' - .q the. -.4ddifional 0-0. ..Rpply PbO4 E Thie' kmranoe PmAded to titer KfifFonAU is, -not :10 y Pr'DKlty-_Pft%0 Slid dv rugloo XMO" Pr 4f9latiltaft I& eih- -.iddivandr r by.. A V -PY _0 reAdedrig. -o - or fafture: 8q:pmfbm*Aj 0",-.1,06.1ht-who i,1 r -dile Tes M ou WE Im ur ti. Thff Wo. ar fdIfing to - - p0aflog, -approv . *W_--forlhs add'Iff.orial 1"$UU-41d h _j� -the . ... P!Ppem qrapiptoo.. map rm-ps, 84�bjq* of* Wdften contract or W Wily :ocnr 90 -.0001199 lb IN V. 11 W; h or d � j. rawin Intl N V. Win'., the Sale rte 011130 ad 1 irlsur-K sPedrlcaflqps;.ar-. ;2. Tfie. Uhnits df.' ,e the PervIsory, or ipsperam aerlw* pe :49, Pad 0 811016inal IrOiumd" are those Ve.d d la the architectural. ().r 0"tm dtffvftj6& written: contract: 60 *btfi5fl':a0m-­" the Dlwmfions of this p6jj,cy ement or In Wh1ofte r is less: IQ;: Ap :roodcts�, thb Do V0M9e. PMM, ed _u wid " this e9dIPPOment, SECTION ­OM­EACIA These L #its,-Orfrisufirioe are. lndu,�lve ci ana fV .4w C _M OF-ReR& 'J" - :' ' - LrABILrrY d0NDjT-.f0rq9:Ar8- amende - as fioliouits; . 4 0-140SM-A. Od.ullol) Pape 1:02 b In I. ThV fdild*.Ihg is Added io Ahe. Ditm. to The tvertf oflodaurm 0 tr1i3i1Ci . Or .Suit orttiition: ad ' dMbhAl .1ristired under- this endorsefnen,t'v.'' Os"spQnqp OmMoaple"! n notice, dtan am= nee or ans ��Lih n a- ffi 4,y -!i, , ��:,O""siii 41—cl rtj;%*ujanry . . �T ,%: .(2) TOOddr Ilibi .4 and -Ind=:o 6f Nrlhr" 61% or 54tr to! amr:bth . aria haiz66;�i *,H jass W6 Part; and .(4) A-Pree to -Make :0. , .. I W.... 1. YAIIQtle 00j( Who uftomcb-: Mbh Insftcl hafs;4of RAQ ir 4. W COVO ufIcL this cov"O''MO. Part. G-;1403a'kA. We,[*re rya duty to igaf@nd or -bde -.Op ubftri- endorsement until we melve WrWen nqgiM �O•A -rj#jtnS ,- ',Spir frbm t'ft6;adcrft*naj I insurecL Z Paragrafih 4.1p, a . - I . . . f t* Mee Irmuranoe, P-00dim 1$-'-delietecr and' - r ' �d- . 0090 * fbbm.ft; 1. *A: Jhe, A, :0flm.r-InsijMnc.e V- 'Eiedft lAsurance `this. lsoripho.w 6km-ss Wer-A Ini6vaiince .100 4 :insut`eii as ih;,Itliured whether .excess:- cO)jtjhg&it b OR; aj ,basis unless a -wftNq :d an . Wftfl agreement Spedhewly -fimf ,phrO*-..-and.nO: noontribu Una, otberr o = If � '' ... r requhs I h*N Q,r: G-'T4Qg3 i I-A (Ed. _ply Pap 2 pf.2, rszeoo2xuve Arthur J. Gallagher & Co. 3697 Mt. Diablo Boulevard, Suite 300 Lafayette, CA 94549 20140023924 Electronic Service Requested c B IX B PO C /� w O SINGLE PIECE -, 6581 1.6136 SP 0.500 rr�Ilrr�Illie1rulsd�4�hllrrululllldlllP411hdrll��lll� City of Santa Ana 175 �D AULA COLEMAN 20 CIVIC CENTER PLAZA, M -29 Santa Ana, CA 92702 This document was brought to you by Arthur J. Gallagher & Co. Insurance Brokers of California, Inc. in Lafayette, CA. via CertifiCatesNOw.- Any documents forwarded with the certificate request were reviewed for the sole purpose of completing the certificate. - If you have questions regarding the content of this document, please contact Arthur J. Gallagher & Co. Insurance Brokers of California, Inc. Phone: (925) 299 -1112 or Certificate Pax: (925) 953-6270 - The data included in this notice and in the attached document is confidential to Ebix /CertificatesNow end Arthur J. Gallagher & Co. Insurance Brokers of California, Inc. - cc: The data included in this notice and in the attached document is confidential to Ebix BPO and the party responsible for bringing you this information. Certificate Delivery by CertificatesNow - www.ConfirinNet.com - 877.669.8600 mwloail.2 �PSSaoasaoxa S Acoa °® DATE(MWODI14 CERTIFICATE OF LIABILITY INSURANCE 03/31 /cola 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(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terns 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 LIC #0726293 1- 925-299 -1112 Arthur J. Gallagher & Co. InSurence Brokers of California, Inc. CNwVCT Certificate Department PHONE gas- 299 -1112 FAX 925- 953 -6270 UU Ex' AIC NO: 3697 Mt. Diablo Boulevard, Suite 300 _ ADDRESS: sherri_jordan@AJG.CON INSURERS AFFORDING COVERAGE _ NAIC4 Lafayette, CA 94549 INSURERA: LIBERTY NOT FIRE INS CO _ 23035 Client No. REDPTRA -02 INSURED Redflex Traffic Systems, Inc. INSURER B: LIBERTY INS CORP 42404 INSURER C: WESTCFOSTSR SURPLUS LINES INS CO 10172 INSURER O: D TORENTED PREMI SES Ea occurrence) 23751 N. 23rd Avenue, Suite 150 INSURER E: $ 5,000 Phoenix, AZ 85085 -1854 INSURER F: COVERAGES CERTIFICATE NUMBER: 39078638 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. INBR L TYPE OF INSURANCE POLICYNUMBER MM Do I Y FF POLICY D� LIMITS A GENERAL LIABILITY X M2 -Z91- 453980 -034 04/01/1 04/01/15 EACH OCCURRENCE $ 1,000,000 • COMMERCIAL GENERAL � LIALITY CLAIMS-MADE LJ OCCUR D TORENTED PREMI SES Ea occurrence) $ 1,000,000 MED EXP(An ono person) $ 5,000 • $25R HI /PD DED PERSONAL &AOV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGO $2,000,000 POLICY [fl PRO- X LOC $ A_ AUTOMOBILE LIABILITY- - - -- AZ2 -Z91- 453980 -024 1 04/01/15 COMBINED SINGLE LIMIT 1,000,000 BODILY INJURY (Perp nsw) X ANY AUTO $ ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per amidenl) $ HIRED AUTOS NO"WNED AUTOS PROPERTY DAMAGE Per accident $ X COUP /COLL X DED-05,000 <- *HAPD Dad $ B X UMBRELLA LIAR % OCCUR TH7 -Z91- 453980 -044 04/01/1 04/01/15 EACH OCCURRENCE $ 51000,000 _ AGGREGATE $ 5,000,000 EXCESS LIAR CLAIMS -MADE DED I X I RETENTION S 10,000 $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN NC2 -Z91- 453980 -074 04/01/1 04/01/15 X WC STATU- OTH E.L. EACH ACCIDENT - - -- $1,000,000 ANY PROPRIETORIPARTNERIE XECUTIVE❑ OFFICEPoMEMBER EXCLUDED? NIA E.L. OISEASF.- EA EMPLOYEE - -- $ 1,000,000 (Mendeleev 1.NH) Din, daecdbe under 0ESCRIPTIONOFOPERATIONSbelxw "' - - - -- LL DISEASE - POLICY LIMIT - - -- $ 1,000,000 C PROFESSIONAL /CYBER LIAS. 627435075 04/01/1 06/01/15 $50R. SIR I EaClm /Agg 2,000,000 (See attached Suppl. Page...) DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Atmch ACORD IN, Additional Remits Schedule, If more spew Is required) RE: Activities performed by or on behalf of the permittee or contractor as required by contract. ADDITIONAL INSusau)(S): The City of Santa Ana, CA, its officers, employees and volunteers as required by wrAtttX�i�C T,q/r.[ A q.® FORM ta�Y A` ,` �lNLY�i�. laA Ar(�V11:%�/.. t.r <see attached for policy endorsement former Laura A. Rossini YGRI11"IVXIC RVLVGR VXI \.,CLLMIIVry - ✓ ✓ SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE `City of Santa Ana THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Paula Coleman ACCORDANCE WITH THE POLICY PROVISIONS. 20 Civic Center Plaza, M -29 AUTHORIZED REPRESENTATIVE /J Santa Ana, CA 92702 / /,-�j 'w� USA �) (c17nnn.907n Ar.nwn nr1RPnRATInN All dnhfe .umwnA ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD shekari 39078638 m w O N m z W V52611113µ11112 SUPPLEMENT TO CERTIFICATE OF INSURANCE 03/3D112014 NAME OF INSURED: Redflex Traffic Systems, Inc.. Additional Descriptlon of Operations/Remarks from Page 1: Additional Inform, t� Ion; GENERAL LIABILITY: • Separation of Insureds applies per policy form. • Additional Insured if required by written contract per attached form LCO443 0512. • Coverage is Primary & Non - Contributory if required by written contract per form LCO443 0512. SUPP (05/04) 00 w O N w z w Nszroiaemia ACORDe L---r AGENCY CUSTOMER ID: LOC #: ADDITIONAL REMARKS SCHEDULE Page of AGENCY Arthur J. Gallagher & Co. Insurance Brokers of California, Inc. NAMEDINSURED Redflex Traffic Systems, Inc. 23751 N. 23rd Avenue, Suite 150 Phoenix, As 85085 -1854 POUCYNUMBER CARRIER NAICCODE EFFECTIVE DATE: THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: FORM TITLE: INSURED & THIRD PARTY FIDELITY COVERAGE - Carrier: TRAVELERS CAB & SURETY CO OF ANER[A +,XV] NAIC #31194- Policy #: 105581296 I Effective: 04/01/2014 to 04/01/2015 1 Limit: $500,000 Aggregate limit for Employee Theft & Employee Theft of Client Property I Retention: $50,000 - PROPERTY /CARGO COVERAGE - Carrier: LIBERTY MUTUAL FIRE INS CO /LIBERTY MUTUAI, INSURANCE CO. [AMBest: A,Xv] NAIC #23035 Policy #:YU2 --L9L- 453980- 064/SFOMCIO0431051 Effective: 04/01/2014 to 04/01/2015 - Blanket Personal Property: $23,210,0001 Installation- PP /PPO: $1,000,000 1 Installation / Transit: $250,000 (Blanket Personal Property includes Personal Property of Others and valuable Papers and records . at insured locations). `APPROVED AS TO Fit-- 1` qua" � �4 _ t l Laura A. Rossini Assistant City Attorney ACORD 1Ul (2008101) U 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD w O b W s z�oa APPROVED AS TO FORM Laura A. Rossini Axsj.stant City Attorney Policy Number T132491- 453980 -034 Issued by Liberty Mutual Fire Insurance Co. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL GENERAL LIABILITY ENHANCEMENT FOR CONTRACTORS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Index of modified items: Item 1. Reasonable Force Item 2. Non-Owned Watercraft Extension Item 3. Damage To Premises Rented To You - Expanded Coverage Item 4. Bodily Injury To Co-Employees Item 5. Health Care Professionals As Insureds Item 6. Knowledge Of Occurrence Item 7. Notice Of Occurrence Item 8. Unintentional Errors And Omissions Item 9. Bodily Injury Redefinition Item 10. Supplementary Payments — Increased Limits Item 11. Property In Your Care, Custody Or Control Item 12. Mobile Equipment Redefinition Item 13. Newly Formed Or Acquired Entities Item 14. Blanket Additional Insured Where Required By Written Contract Lessors of Leased Equipment Managers or Lessors of Premises Mortgagees, Assignees or Receivers Owners, Lessees or Contractors Architects, Engineers or Surveyors Any Person or Organization Item 15. Blanket Additional Insured — Grantors Of Permits Item 16. Waiver Of Right Of Recovery By Written Contract Or Agreement Item 17. Other Insurance Amendment Item 18. Contractual Liability • Railroads Item 1. Reasonable Force Exclusion a. of Section I - Coverage A - Bodily Injury And Property Damage Liability is replaced by the following: a. Expected Or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. Item 2. Non -Owned Watercraft Extension Paragraph (2) of Exclusion; g., of Section I - Coverage A - Bodily Injury And Property Damage Liability is replaced by the following: (2) A watercraft you do not own that Is: LC 04 43 0512 © 2012 Liberty Mutual Insurance. All rights reserved. Page 1 of 9 Includes copyrighted material of Insurance Services Office, Inc., with its permission. w w O M ii �esxu""zeauz (a) Less than 55 feet long; and (b) Not being used to carry persons or property for a charge; 'uf. '' — ca w 0 a Item 3. Damage To Premises Rented To You - Expanded Coverage e A. The final paragraph of 2, Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liability is replaced by the following Exclusions c. through n. do not apply to damage by fire, lightning or explosion or subsequent damages resulting from such fire, lightning or explosion including water damage to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in Section III - Limits Of Insurance. B. Paragraph 6. of Section III —Limits Of Insurance is replaced by the following: 6. Subject to Paragraph 5, above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of "property damage" to any one premises, while rented to you, or in the case of damage by fire, lightning, explosion or subsequent damages resulting from such fire, lightning or explosion including water damage to premises while rented to you or temporarily occupied by you with permission of the owner. The Damage To Premises Rented To You Limit is the greater of: a. $300,000; or b. The Damage To Premises Rented To You Limit shown on the Declarations. C, Paragraph 9.a. of the definition of "insured contract" in Section V — Definitions is replaced by the following: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning, explosion or subsequent damages resulting from such fire, lightning or explosion including water damage to premises while rented to you or temporarily occupied by you with permission of the owner is not an "insured contract ". D. The paragraph immediately following Paragraph (6) of exclusion j. of Section I — Coverage A — Bodily Injury And Property Damage Liability is replaced by the following; Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire, lightning or explosion or subsequent damages resulting from such fire, lightning or explosion including water damage) to premises, including the contents of such premises, rented to YOU for a period of 7 or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section III — Limits of Insurance. Item 4. Bodily Injury To Co- Employees A. Paragraph 2. of Section II -Who Is An Insured is amended to include: Each of the following is also an insured: Your supervisory or management "employees" (other than either your "executive officers" (if you are an organization other than a partnership, joint venture or limited liability company) or your managers (if you are a limited liability company)) are insureds while in the course of their employment or while performing duties related to the conduct of your business with respect to "bodily injury ": (1) To you; (2) To your partners or members (if you are a partnership orjoint venture); LC 04 43 0512 © 2012 liberty Mutual Insurance. All rights reserved. Page 2 of 9 Includes copyrighted material of Insurance Services Office, Inc., with Its permission. vs2euu280M (3) To your members (if you are a limited liability company); or W 00 w 0 d (4) To a co- "employee" or "volunteer worker" while that co- "employee" or "volunteer worker" is either in the course of his or her employment by you or while performing duties related to the conduct of your business (including participation in any recreational activities sponsored by you). Your "employees" (other than either your "executive officers" (if you are an organization other than a W partnership, joint venture or limited liability company) or your managers (if you are a limited liability company)) or "volunteer workers" are Insureds while in the course of their employment or while performing duties related to the conduct of your business for a Good Samaritan Act that results in "bodily injury": (1) To you; (2) To your partners or members (if you are a partnership or joint venture); (3) To your members (if you are a limited liability company); or (4) To a co- "employee" or "volunteer worker" while that co -"employee" or"volunteer worker" is either in the course of his or her employment by you or while performing duties related to the conduct of your business (including participation in any recreational activities sponsored by you). A Good Samaritan Act means an attempt to rescue or aid a person in imminent or serious peril, provided the attempt Is not recklessly made. However, none of these "employees" (including supervisory or management "employees ") or "volunteer workers" are Insureds for the providing or failure to provide professional health care services. B. The insurance provided by this Item 4, will not apply if the injured person's sole remedy for such injury is provided under a workers' compensation law or any similar law. C. Other Insurance The insurance provided by this Item 4. is excess over any other valid and collectible insurance available to the insured, whether primary, excess, contingent or on any other basis. Item 5. Wealth Care Professionals As Insureds A. Paragraphs 2.a (1)(a) and (d) of Section II - Who Is An Insured do not apply to "bodily injury" or "personal and advertising injury" arising out of the providing of or failure to provide professional health care services by any "employee" or "volunteer" of the Named Insured who is a "designated health care provider" if the "bodily injury" or "personal and advertising injury" occurs in the course and scope of the "designated health care provider's" employment by the Named Insured. B. With respect to "employees" and "volunteer workers" providing professional health care services, the following exclusions are added to Paragraph 2. Exclusions of Section I — Coverage A — Bodily Injury And Property Damage Liability and Paragraph 2. Exclusions of Section I — Coverage B — Personal And Advertising Injury Liability: This Insurance does not apply to: (1) Liability assumed under an "insured contract" or any other contract or agreement; (2) Liability arising out of the providing of professional health care services in violation of law; (3) Liability arising out of the providing of any professional health care services while in any degree under the influence of intoxicants or narcotics; (4) Liability arising out of any dishonest, fraudulent, malicious or knowingly wrongful act or failure to act; or LC 04 43 0512 © 2012 Liberty Mutual Insurance. All rights reserved. Page 3 of 9 Includes copyrighted material of Insurance Services Office, Inc., with its permission. FPWI6INA""0 Item 9. Bodily Injury Redefinition The definition of "bodily injury" in Section V - Definitions is replaced by the following: "Bodily injury" means: a. Bodily injury, sickness or disease sustained by a person, including death resulting from any of these at any time; and b. Mental anguish, shock or humiliation arising out of injury as defined in Paragraph a. above. Mental anguish means any type of mental or emotional illness or distress. Item 10, Supplementary Payments - Increased Limits Paragraphs 1.1b. and 1.d. of Section I - Supplementary Payments - Coverages A And B, are replaced by the following: b. Up to $3,000 for cost of ball bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit" including substantiated loss of earnings up to $500 a day because of time off from work. LC 04 43 0512 O 2012 Liberty Mutual Insurance. All rights reserved. Page 4 of 9 Includes copyrighted material of Insurance Services Office, Inc., with its permission. W (5) Punitive or exemplary damages, fines or penalties. o C. The following definition is added to Section V - Definitions: "Designated health care provider" means any "employee" or "volunteer worker" of the Named Insured whose duties include providing professional health care services, including but not limited to doctors, nurses, emergency medical technicians or designated first aid personnel. D. Other Insurance The insurance provided by this Item 5. is excess over any other valid and collectible insurance available to the insured, whether primary, excess, contingent or on any other basis. Item 8. Knowledge Of Occurrence Knowledge of an "occurrence" by your agent, servant or "employee" will not in itself constitute knowledge by you unless your "executive officer" or "employee" or other third party designated by you 4o notify us of "occurrences" has knowledge of the "occurrence ". Item 7. Notice Of Occurrence For purposes of Paragraph 2.a. of Section IV - Conditions, you refers to an "executive officer" of the Named Insured or to the "employee" designated by the insured to give us nofice. Item 8. Unintentional Errors And Omissions Unintentional failure of the Named Insured to disclose all hazards existing at the inception of this policy shall not be a basis for denial of any coverage afforded by this policy. However, you must report such an error or omission to us as soon as practicable after its discovery. - - This provision does not affect our right to collect additional premium or exercise our right of cancellation or non - renewal. Item 9. Bodily Injury Redefinition The definition of "bodily injury" in Section V - Definitions is replaced by the following: "Bodily injury" means: a. Bodily injury, sickness or disease sustained by a person, including death resulting from any of these at any time; and b. Mental anguish, shock or humiliation arising out of injury as defined in Paragraph a. above. Mental anguish means any type of mental or emotional illness or distress. Item 10, Supplementary Payments - Increased Limits Paragraphs 1.1b. and 1.d. of Section I - Supplementary Payments - Coverages A And B, are replaced by the following: b. Up to $3,000 for cost of ball bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit" including substantiated loss of earnings up to $500 a day because of time off from work. LC 04 43 0512 O 2012 Liberty Mutual Insurance. All rights reserved. Page 4 of 9 Includes copyrighted material of Insurance Services Office, Inc., with its permission. eseeo"swmz Item 11. Property In Your Care, Custody Or Control A. Paragraphs (3) and (4) of exclusion j. of Section I — Coverage A — Bodily Injury and Property Damage Liability only apply to: W co ra„ 0 v, 1. 'Property damage" to borrowed equipment, or ° z 2. 'Property damage" to property in your care, custody and control while in transit. w B. This insurance does not apply to any portion of a loss for which the insured has available any other valid and collectible insurance, whether primary, excess, contingent, or on any other basis, unless such other insurance was specifically purchased by the insured to apply in excess of this policy. C. Limits of Insurance Subject to Paragraphs 2., 3., and 5. of Section III — Limits Of Insurance, the most we will pay for insurance provided by Paragraph A., above is: $10,000 Each Occurrence Limit $25,000 Aggregate Limit The Each Occurrence Limit for this coverage applies to all damages as a result of any one 'occurrence" regardless of the number of persons or organizations who sustain damage because of that occurrence ". The Aggregate Limit is the most we will pay for the sum of all damages under this Item 11. Item 12. Mobile Equipment Redefinition The definition of "Mobile Equipment" in Section V — Definitions is amended to include self - propelled vehicles with permanently attached equipment less than 1000 pounds gross vehicle weight that are primarily designed for: (1) Snow removal; (2) Road Maintenance, but not construction or resurfacing; or (3) Street cleaning. Item 13. Newly Formed Or Acquired Entitles Paragraph 3. of Section II — Who Is An Insured is replaced by the following: 3. Any organization, other than a partnership or Joint venture, you newly acquire or form and over which you maintain majority ownership or majority interest will qualify as a Named Insured if there is no other similar Insurance available to that organization. a. Coverage under this provision is afforded only until: (1) The 180th day after you acquire or form the organization; (2) Separate coverage is purchased for the organization; or (3) The end of the policy period, whichever is earlier. b. Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and LC 04 43 0512 © 2012 Liberty Mutual Insurance. All rights reserved. Page 5 of 9 Includes copyrighted material of Insurance Services Office, Inc., with its permission. [-1,526W M02 (3) Mortgagees, Assignees or Receivers: Any person(s) or organization(s) with respect to their liability as mortgagee, assignee or receiver and arising out of the ownership, maintenance or use of your premises. This insurance does not apply to structural alterations, new construction and demolition operations performed by or for that person or organization. (4) Owners, Lessees or Contractors: any person(s) or organizatlon(s) to whom you are obligated by a written agreement to procure additional insured coverage, but only with respect to liability for "bodily Injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of your "employees ", your agents, or your subcontractors, in the performance of your ongoing operations. This insurance does not apply to "bodily injury ", "properly damage ", or "personal and advertising injury' arising out of "your work" included in the "products- completed operations hazard" unless you are required to provide such coverage for the additional insured by the written agreement, and then only for the period of time required by the written agreement and only for liability caused, in whole or in part, by your acts or omissions or the acts or omissions of your "employees ", your agents, or your subcontractors. There is no coverage for the additional insured for liability arising out of the sole negligence of the additional insured or those acting on behalf of the additional insured, except as provided below. LC 04 43 0512 0 2012 Liberty Mutual Insurance. All rights reserved. Page 6 of 9 Includes copyrighted material of Insurance Services Office, Inc., with its permission. w c. Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before o you acquired or formed the organization. Item 14. Blanket Additional Insured Where Required By Written Contract Paragraph 2. of Section II - Who Is An Insured is amended to add the following: 00 e. Additional Insured by Written Contract or Written Agreement The following are insureds under the policy when you have agreed in a written contract or written agreement to provide them coverage as additional insureds under your policy: (1) Lessors of Leased Equipment: The person(s) or organization(s) from whom you lease equipment, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person(s) or organization(s). (2) Managers or Lessors of Premises: Any manager or lessor of premises leased to you in which the written lease agreement obligates you to procure additional insured coverage. The coverage afforded to the additional insured is limited to liability in connection with the ownership, maintenance or use of the premises leased to you and caused, in whole or in part, by some negligent acts or omissions of you, your "employees ", your agents or your subcontractors. There is no coverage for the additional insured for liability arising out of the sole negligence of the additional Insured or those acting on behalf of the additional insured, except as provided below. If the written agreement obligates you to procure additional insured coverage for the additional insured's sole negligence, then the coverage for the additional insured shall conform to the agreement, but only if the applicable law would allow you to indemnify the additional insured for liability arising out of the additional insured's sole negligence. This insurance does not apply to: (a) Any "occurrence" which takes place after you cease to be a tenant in that premises or to lease that land; or (b) Any premises for which coverage is excluded by endorsement. (3) Mortgagees, Assignees or Receivers: Any person(s) or organization(s) with respect to their liability as mortgagee, assignee or receiver and arising out of the ownership, maintenance or use of your premises. This insurance does not apply to structural alterations, new construction and demolition operations performed by or for that person or organization. (4) Owners, Lessees or Contractors: any person(s) or organizatlon(s) to whom you are obligated by a written agreement to procure additional insured coverage, but only with respect to liability for "bodily Injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of your "employees ", your agents, or your subcontractors, in the performance of your ongoing operations. This insurance does not apply to "bodily injury ", "properly damage ", or "personal and advertising injury' arising out of "your work" included in the "products- completed operations hazard" unless you are required to provide such coverage for the additional insured by the written agreement, and then only for the period of time required by the written agreement and only for liability caused, in whole or in part, by your acts or omissions or the acts or omissions of your "employees ", your agents, or your subcontractors. There is no coverage for the additional insured for liability arising out of the sole negligence of the additional insured or those acting on behalf of the additional insured, except as provided below. LC 04 43 0512 0 2012 Liberty Mutual Insurance. All rights reserved. Page 6 of 9 Includes copyrighted material of Insurance Services Office, Inc., with its permission. M a If the written agreement obligates you to procure additional insured coverage for the additional insured's p sole negligence, then the coverage for the additional insured shall conform to the agreement, but only if the applicable law would allow you to indemnify the additional insured for liability arising out the additional insured's sole negligence. 00 This insurance does not apply to "bodily injury ", "property damage" or "personal and advertising injury" e arising out of the rendering of, or the failure to render, any professional architectural, engineering or z surveying services, including: w (a) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (b) Supervisory, inspection, architectural or engineering activities. (5) Architects, Engineers or Surveyors: any architect, engineer, or surveyor engaged by you but only with respect to liability for "bodily injury ", "property damage" or "personal and advertising Injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: (a) In connection with your premises; or (b) In the performance of your ongoing operations. This Insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of or the failure to render any professional services by or for you, including: (a) 'rho preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (b) Supervisory, inspection, architectural or engineering activities. (6) Any Person or Organization Other Than a Joint Venture: Any person or organization (other than a joint venture of which you are a member) for whom you are obligated by a written agreement to procure additional insured coverage, but only with respect to liability for "bodily injury ", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf; (a) In the performance of your ongoing operations; or (b) In connection with premises owned by you. This insurance does not apply to: 1. Any construction, renovation, demolition or installation operations performed by or on behalf of you, or those operating on your behalf; 2. Any person or organization whose profession, business or occupation is that of an architect, surveyor or engineer with respect to liability arising out of the preparation or approval of maps, drawings, opinions, reports, surveys, change orders, designs, specification or the performance of any other professional services by such person or organization; or 3. Any person or organization more specifically covered in Paragraphs e.(1) through (5) above. The insurance afforded to any person or organization as an insured under this Paragraph 2.e.: (1) Applies only to coverage and minimum limits of insurance required by the written agreement or written contract, but in no event exceeds either the scope of coverage or the limits of insurance provided by this policy; LC 04 43 0512 @ 2012 Liberty Mutual Insurance. All rights reserved. Page 7 of 9 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Fesss .., (2) Does not apply to any person or organization for any "bodily injury", "property damage" or "personal and o advertising injury" if any other additional insured endorsement attached to this policy applies to that person r or organization with regard to the "bodily injury', "property damage" or "personal and advertising injury"; (3) Applies only if the "bodily injury" or "property damage" occurs, or offense giving rise to "personal and advertising Injury" is committed, subsequent to the execution of the written agreement; and e (4) Applies only if the written agreement is in effect at the time the "bodily injury" or "property damage" occurs, or at the time the offense giving rise to the "personal and advertising injury" is committed. Item 15, Blanket Additional insured— Grantors Of Permits Paragraph 2. of Section II - Who Is An Insured is amended to add the following: Any state, municipality or political subdivision with respect to any operations performed by you or on your behalf, or in connection with premises you own, rent or control and to which this insurance applies, for which the state, municipality or political subdivision has issued a permit. However, this insurance does not apply to: 1. "Bodily injury ", "property damage" or "personal and advertising injury" arising out of operations performed for the state, municipality or political subdivision; 2. Any "bodily injury" or "property damage" included within the "products- completed operations hazard ", except when required by written contract or agreement initiated prior to loss; or 3. "Bodily injury ", "property damage" or "personal and advertising injury", unless negligently caused, in whole or in part, by you or those acting on your behalf. Item 16. Waiver Of Right Of Recovery By Written Contract Or Agreement -- - 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 because of payments we make under this policy for injury or damage arising out of your ongoing operations or "your work" included in the "products- completed operations hazard" that we may have against any person or organization with whom you have agreed in a written contract or agreement to waive your rights of recovery but only if the "bodily Injury" or "property damage" occurs, or offense giving rise to "personal and advertising injury" is committed subsequent to the execution of the written contract or agreement. Item 17. Other Insurance Amendment If you are obligated under a written agreement to provide liability Insurance on a primary, excess, contingent, or any other basis for any person or organization that qualifies as an additional Insured on this policy, this policy will apply solely on the basis required by such written agreement and Paragraph 4. Other Insurance of Section IV — Conditions will not apply. Where the applicable written agreement does not specify on what basis the liability insurance will apply, the provisions of Paragraph 4, Other Insurance of Section IV — Conditions will govern. However, this insurance is excess over any other insurance available to the additional insured for which it is also covered as an additional insured by attachment of an endorsement to another policy providing coverage for the same "occurrence ", claim or "suit ". Item 18. Contractual Liability — Railroads Paragraph 9. of Section V - Defini8ons is replaced by the following: 9. "Insured Contract" means: LC 04 43 0512 © 2012 Liberty Mutual Insurance. All rights reserved. Page 8 of 9 Includes copyrighted material of Insurance Services Office, Inc., with its permission. PUNG2 %0,12 a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that o indemnities any person or organization for damage by fire to premises while rented to you or temporarily „ occupied by you with permission of the owner is not an "insured contract "; b. A sidetrack agreement; c. Any easement or license agreement; w d. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; e. An elevator maintenance agreement; f. That part of any other contract or agreement pertaining to your business (including an indemnification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another party to pay for "bodily injury" or "property damage" to a third person or organization. Tort liability means a liability that would be imposed by law In the absence of any contract or agreement. Paragraph f, does not include that part of any contract or agreement: (1) That indemnifles an architect, engineer or surveyor for injury or damage arising out of: (a) Preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (b) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage; or (2) Under which Hie insured, If an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the insured's rendering or failing to render professional services, including those listed in Paragraph (1) above and supervisory, inspection, architectural or engineering activities. LC 04 43 0512 n 2012 Liberty Mutual Insurance. All rights reserved. Page 9 of 9 Includes copyrighted material of Insurance Services Office, Inc., with its permission. �PSt(AU2tl0l12 k W Policy Number AS2 -Z91- 453980 -024 , T1312491-453980-034, TII7491- 453980 -044 0 Issued by LIBER'T'Y MUTUAL FIRE INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION TO THIRD PARTIES This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE PART MOTOR CARRIER COVERAGE PART GARAGE COVERAGE PART TRUCKERS COVERAGE PART EXCESS AUTOMOBILE LIABILITY INDEMNITY COVERAGE PART SELF- INSURED TRUCKER EXCESS LIABILITY COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART EXCESS COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS /COMPLETED OPERATIONS LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART COMMERCIAL LIABILITY — UMBRELLA COVERAGE FORM Schedule Name of Other Person(s) I Organization(s): Email Address or mailing address: Number Days Notice: PER SCHEDULE ON FILE WITH THE COMPANY PER SCHEDULE ON FILE WITH THE COMPAN _30 A. If we cancel this policy for any reason other than nonpayment of premium, we will notify the persons or organizations shown in the Schedule above. We will send notice to the email or mailing address listed above at least 10 days, or the number of days listed above, if any, before the cancellation becomes effective. In no event does the notice to the third party exceed the notice to the first named insured. B. This advance notification of a pending cancellation of coverage is intended as a courtesy only. Our failure to provide such advance notification will not extend the policy cancellation date nor negate cancellation of the policy, All other terms and conditions of this policy remain unchanged. LIM 99 0106 11 © 2011 Liberty Mutual Group of Companies. All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc., with its permission. 00 m26002 AQ THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION TO THIRD PARTIES W oa 0 A. If we cancel this policy for any reason other than nonpayment of premium, we will notify the persons or e organizations shown in the Schedule below. We will send notice to the email or mailing address listed below at least 10 days, or the number of days listed below, if any, before cancellation becomes effective. In no event does the notice to the third party exceed the notice to the first named insured. B. This advance notification of a pending cancellation of coverage is intended as a courtesy only. Our failure to provide such advance notification will not extend the policy cancellation date nor negate cancellation of the policy. SCHEDULE Name of Other Person(s)1 Email Address or mailing address: Number Days Notice: Organization(s): PER SCHEDULE ON FILE WITH THE COMPANY 30 DAYS PER SCHEDULE ON FILE WITH THE COMPANY All other terms and conditions of this policy remain unchanged. Issued by LIBERTY MUTUAL FIRE INSURANCE COMPANY For attachment to Policy No. WC2- Z91453930 -074 Effective Date 0 4101 /2 01 3 Premium $ Issued to Redflox Traffic Systems, Inc. WM 9018 0611 0 2011 Liberty Mutual Group of Companies Page 1 of 1 Ed. 06101/2011 All Rights Reserved ®!mar