Loading...
HomeMy WebLinkAboutCOTA COLE LLPINSURANCE ON FILE WORK MAY PROCEED UNTIL INSURANCE EXPIRES GL: t ua[o MAYOR /QOPI 6 I rs JERK OF COUNCIL MAYOR PRO T TE: FEB 2 2015 95 Vincent F. Sarmlento COUNCILMEMBERS. 0440/stinctrr2 Anoellca Amezcua Sdn1VgYZm41ni� P. David Benavides Michele Martinez Roman Reyna Sal TineJero VIA FACSIMILE Dennis Cota Cota Cole LLP 3401 Centre Lake Drive, Ontario, California, 91761 Dear Mr, Cota, CITY OF SANTA AICA OFFICE: OF THE CITY ATTORNEY 20 Civic Center Plaza, M-29 + F.O. Box 1988 Santa Ana, California 92702 (714) 647.5201 a Fax (714) 647-6515 www.santa-ana oro January 26, 2015 Re: Professional Legal Services N-2015-010 CITY MANAGER David Cavazos CITY ATTORNEY Sonia R. Carvalho CLERK OF THE COUNCIL Maria D. Hulzar This letter shall be our Agreement regarding the provision of Professional Legal Services ("Services") to be provided by Cota Cole LLP ("Consultant'), as an independent contactor to the City of Santa Ana ("City") in relation to the implementation of Measure 1313 and the random selection processs to be held on February 5, 2015 ((he "Project"), Consultant shall perform all Services under this Letter of Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California, and consistent with all applicable laws, rules and regulations. Consultant represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement. City retains Consultant as an independent contractor and not as an employee. All additional personnel performing the Services shall also not be City employees and at all times" shall be tinder the exclusive control and direction of Consultant. Compensation for the above services shall be based on the actual amount of time spent in adequately performing the Services, and shall be billed at the rate of $300 per hour. 1-Iowever, unless expressly agreed in writing in advance by the City, the cost to the City for the Services shall not exceed $25,000. Consultant shall provide proof of commercial general liability, workers compensation an errors and omissions professional liability insurance appropriate to its profession to the City in the amount of$1,000,000 for each policy, and an additional insured endorsement in favor of the City of n11 Santa Ana that includes primary language. SANTAANA CITY COUNCIL MIgUCI A. Pplido Waoid F. Sarrolenlo Michele Martinez Angafta Amemaa P. David ftmides Roman Reyna Sal Mayor Mayar Pro Tern, WaM 1 Ward 2 Ward 3 Wald 4 Ward 6 mnulldo 5MP4naor9 VSarmLey� mmadlnozGAs9nleann ort asmg�ann_orydbenaWdos��pv nlaana or< rrovnaCu!aenl�,in sllnnlpro Services on the Project are requested on a rush basis and shall be completed as soon as possible. Consultant shall provide an invoice to the City at the completion of the Project with the bulk of the Services to be completed by lanuary 30, 2015 and continuing up to February 27, 2015 as may Ix; necessary. Consultant shall provide, at City's request, documentation of all charges contained in any invoice(s). City shall review and pay the approved charges on such invoices in a timely manner. The City may terminate this letter of Agreement at any time with or without cause, If the City finds it necessary to terminate this Letter of Agreement without cause before Project completion, Consultant shall be paid in full for those Services completed to the City's satisfaction prior to the notification of termination. Consultant may ter'ninate this Letter of Agreement for cause only, following a minimum of two (2) days notice stating the basis for termination and providing an opportunity to cure. The short notice period is necessary because of the deadlines involved in the Project, The Services to be performed by Consultant are intended solely for the benefit of the City and White Nelson Diehl Evans LLP ("White Nelson"), who is also a consultant for the City. No person or entity other than the City and White Nelson, shall be entitled to rely oil the Consultant's performance of its Services hereunder. No right to assert a clahn against the Consultant by assignment of indemnity rights or otherwise shall accrue to a third party who is not a signatory to this Agreement as a result of this Tetter of Agreement or the performance of the Consultant's Services hereunder. This Agreement may be amended only in writing signed by both parties, may not be assigned except with the City's prior consent, and shall be governed by the laws of the State of California and venue shall be in Grange County. If you agree with the terms of this Letter of Agreement, please sign and return this agreement so that we may make the necessary arrangements for you to begin work. If you have any questions regarding this Project, please contact Mr. Robert Cortez, the City's representative for this project at (714) 647-5215, ATTEST: 1viARIA D,HUIZAR Clerk of the Council APPROVED AS TO FORM: SONIA,IR, . CARVALHO City A torey atir dia M. Schwarzmann Senior Assistant City Attorney (continued) SANTA ANA CITY COUNCIL.. MCO nAeAN DAVID CAVA OS City Manager CONSULTANT: Dennis Cots _ a.naging Partner Cora Cole LLP Miguel A. PlAido Virrwal F. Solarmoo Michele Martinez Angelica AmezcuA P. Nero almenadee Roman RPyw See Tmaom Mayor Mayor Pro I om, Were 1 Word 4 were a Ward 4 word S Ward 9 llltlUlitla!@60RY3 TRa ori yjgl�ypn(gfiit5&IIP-en2 QfQ to mPrS1�$:RQ88aI3-AaBryfa aRm6XC'JE(H+'j}f$�IJj�, �`Q,q. pQ5�9PY1(P 8Y190YQ ME2221MALaRIM 1f51 m1afQ�6, A�� RECOMMENDED FOR APPROVAL: VINCENT FREGOO Interim Executive Dt •� or Planning & Building Agency SANTA ANA CITY COUNCIL Migoml A. Pundo Vincent P. Sarmiento Michele Madw Angellca Amemia P, DaAd Ben"daa Roman Reyna Sal Tlnataro Mayor Mayor Pro Tmn, Ward i WaN 2 Ward 3 Warp d Ward 6 Ward 6 mpi l'tl @-alX-0!Q vsprmlanlo(aleanL sae oro, (g mmnWagwI 2,0vidml ,m o-nna gQ rr a sa tlaane o[q 61, amm@aonlo;drLa AcoR®® CERTIFICATE OF LIABILITY INSURANCE DATI (20101DDM W) 1, /27/25 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 terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER EPIC/James C. Jenkins Insurance Service Inc. License No. OB29370 P.O. Box 13847 NAME:TAT Paula yaw PHONE FAX - - rA/c. Nal: E-MAIL ADDRESS :Ula.vanaCa�eoirbrokers cgD�_ Sacramento CA 95853 INSURER(S) AFFORDING COVERAGE NAIC M INSURER A:Travelers Propedy Casualty INSURED COTAD-1 -36161 INSURER g:TravPlem QaaualtyQ Cote Cole LLP 2261 Lava Ridge Court Roseville CA 95661 INSURER C:Comipau�L_34630 INSURER D INSURER E NSURER F: COVERAGES CERTIFICATE NUMBER: 101570905H 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. ILTR TYPE OF INSURANCE ANSR WVD POLICY NUMBER EFF MMIDDNWY MMIDDY Y� LIMITS A GENERAL LIABILITY 68093500273 1/15/2015 /15/2016 EACH OCCURRENCE $1,000,000 x COMMERCIAL GENERAL LIABILITY CLAIMS -MAGE OCCUR PREMISES Ea occurrence) $300,000 MED EXP (Any one person) $5000 PERSONAL &ADV INJURY $1000,000 GENERALAGGREGATE $2000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $2,000,000 17 POLICY PRO LOC I $ B AUTOMOBILE LIABILITY BA3D756153 1/15/2015 /15/2016 (USEa accident 1000000 BODILY INJU RY(Per person) $ ANY AUTO ALLOWAUTOS NED X SCHEDULED AUTOS BODILY INJURY (Per accident) $ x HIREDAUTOS X NON -OWNED AUTOS PROPERTYDAMAGE $ Per accident A X UMBRELLA LIAR X OCCUR CUP2D977529 1/15/2015 /15/2016 EACH OCCURRENCE $3,000,000 EXCESS UAB CLAIMS -MADE AGGREGATE $3,000,000 DED I I RETENTION$ $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN COWC601791 1/15/2015 1/15/2016 X WC STATU. OTH- E.L. EACH ACCIDENT $1,000,000 ANY PROPRIETORIPARTNER/EXECUTIVE OFFICEWMEMBER EXCLUDED? ❑ NIA E.L. DISEASE -EA EMPLOYEE $1,000,000 (Mandatory in NH) If yes, describe under E.L. DISEASE -POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space Is required) RE: Evidence of Coverage:. APAP EP/ � ORM rSTO ndra A SChwarzmann `=senior Assistant City Attorne City of Santa Ana 20 Civic Center Plaza, M-29 PO Box 1988 Santa Ana CA 92702 ACORD 25 (2010/05) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE (1988-2010 AcnRn The ACORD name and logo are registered marks of ACORD rinhfP r ... n .r ,ACOREI CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD YWV) CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO 1 /26/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER A T James C. Jenkins Insurance Service Inc. NAME:Moua PHONEFAX License No. 0545478 AIC No MAIL DRESS: com PO Box 13847 Sacramento CA 95853 _ INSURERS AFFORDING COVERAGE NAICIt INSURER A INSURED COTAD-1 INSURER S, Cola Cole LLP INSURER C 2261 Lava Ridge Court COMMERCIAL GENERAL LI ABILITY Roseville CA 95661 INSURER D: INSURER E: INSURER F: D A ETO TED UE;n i iFiCAt E rvunlatrc: 11 U1U95039 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. ILTR TYPE OF INSURANCE INSR WVD POLICY NUMBER MMIDDY� MM/DDIYYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LI ABILITY D A ETO TED 7 PREMISES Ea occurrence $ MED EXP Any one person) $ CLAIMS -MADE OCCUR PERSONAL B ADV INJURY $ GENERALAGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ POLICY PRO- LOC $ AUTOMOBILE LIABILITY COMBINE Ea accident ANY AUTO BODILY INJURY (Per person) $ ALL OWNEDSCHEDULED BODILY INJURY (Per accident) $ AUTOS AUTOS HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE $ Pe accident UMBRELLA LIAR OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS -MADE AGGREGATE $ DED I I RETENTION$ $ WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS'LIABILITY YIN TORY UMILS ER E.L. EACH ACCIDENT $ ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICEWMEMBER EXCLUDED? ❑ NIA (Mandatory in If yes, describe aund nder E.L. DISEASE -EA EMPLOYE $ E.L. DISEASE -POLICY LIMIT If DESCRIPTION OF OPERATIONS below A Professlonal Liability SP0043001 /1/2014/1/2015 Each Claim $5,000,000 Claims Made Annual Aggregate $5,000,000 Retention $50,000 DESCRIPTION OF OPERATIONS) LOCATIONS /VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) RE: Evidence of Coverage. APR ID ,, C T FORM Sandra M. Schwarzmann aq Senior Assistant City Attorney U City of Santa Ana 20 Civic Center Plaza, M-29 PO Box 1988 Santa Ana CA 92702 AUUKU ZO (LUTU/UD) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988-2010 ACORD CORPORATION. All riohfs fhe ACORD name and logo are registered marks of ACORD ACii CERTIFICATE OF LIABILITY INSURANCE DAT(MMID 16 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 have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Edgewood Partners Insurance Center License No. OB29370 P.O. Box 13847 CONTACT Heather Crane PHFAX cONE : Es 916-974-4617 ac No: AIL nnoaess: heather.crane@epicbrokers.com INSURERSAFFORDING COVERAGE NAICM Sacramento CA 95853 INSURER A: Lloyds of London 85202 6044290 INSURED COTAD-1 Cote Cole & Huber LLP INSURER B: Federal Insurance Company 20281 EACH OCCURRENCE $1,000000 2261 Lava Ridge Court INSURER C: INSURER D: Roseville CA 95661 INSURER E INSURER F: DAMAGE TO RENTED COVERAGES CERTIFICATE NUMBER: 2012825147 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS B X COMMERCIALGENERAL LIABILITY 6044290 1/15/2018 1/15/2019 EACH OCCURRENCE $1,000000 DAMAGE TO RENTED CLAIMS -MADE %t OCCUR PREMISES Ea occurtence $1,000,000 MED EXP (Any one person) $10,000 PERSONAL &ADV INJURY $1,000,000 GENT AGGREGATE LIMIT APPLIES PER GENERALAGGREGATE $2,000,000 POLICY 7 PR T LOC. PRODUCTS - COMP/OP AGG $ $ OTHER: B AUTOMOBILE _ LIABILITY 73596574 1/15/2018 1/152019 COMBINED SINGLE LIMIT $ Ea acad.1)1000000 _ ANY AUTO BODILY INJURY (POT person) $ OWNED X SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Par accident) $ PROPERTY DAMAGE $ Per accident X HIRED X NON -OWNED AUTOS ONLY AUTOS ONLY B X UMBRELLA LIAB OCCUR 78184076 1/152018 1/15/2019 EACH OCCURRENCE $4,000,000 AGGREGATE $4,000,000 EXCESS LIAB CLAIMS -MADE DED X J RETENTION$. $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N 71756163 1/15/2018 1/15/2019 X I STATUTE ETH ANYPROPRIETOWPARTNER/EXECUTIVE E.L. EACH ACCIDENT $1,000,000 OFFICERIMEMBEREXCLUDED7 N/A E.L. DISEASE - EA EMPLOYEE $1,000,000 (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $1000,000 A Professional Liability BN3008901 6/1/2017 6/12018 Each Claim $5,000,000 Claims -Made Aggregate $5,000,000 Deductible $50000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached if more space is required) Re: All ContraclsMritten Agreements between the Certificate Holder and the Insured. When required by written contract, additional insured status with primary coverage and waiver of subrogation apply to General Liability and Automobile Liability, all per t7mz M�Qann /�f ` Attorney SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Sandra Marie Flores Schwarzmann, Esq. THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Senior Assistant City Attorney ACCORDANCE WITH THE POLICY PROVISIONS. City of Santa Ana, _ P.O. BOX 1988 AUTHORIZED REPRESENTATIVE Civic Center Plaza, :7th Floor Santa Ana CA 92702 All HrlhtrPCp NPrl ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD COMMERCIAL AUTOMOBILE THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL AUTOMOBILE BROAD FORM ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM This endorsement modifies the Business Auto Coverage Form. 1. EXTENDED CANCELLATION CONDITION Paragraph A.2.b. — CANCELLATION - of the COMMON POLICY CONDITIONS form IL 0017 is deleted and replaced with the following: b. 60 days before the effective date of cancellation if we cancel for any other reason. 2. BROAD FORM INSURED A. Subsidiaries and Newly Acquired or Formed Organizations As Insureds The Named Insured shown in the Declarations is amended to include: 1. Any legally incorporated subsidiary in which you own more than 50% of the voting stock on the effective date of the Coverage Form. However, the Named Insured does not include any subsidiary that is an "insured" under any other automobile policy or would be an "insured" under such a policy but for its termination or the exhaustion of its Limit of borrow in your business or your personal affairs. C. Lessors as Insureds Paragraph A.I. — WHO IS AN INSURED —of SECTION II — LIABILITY COVERAGE is amended to add the following: e. The lessor of a covered "auto" while the "auto" is leased to you under a written agreement if: (1) The agreement requires you to provide direct primary insurance for the lessor; and (2) The "auto" is leased without a driver. Such leased "auto" will be considered a covered "auto" you own and not a covered "auto" you hire. However, the lessor is an "insured" only for "bodily injury" or "property damage" resulting from the acts or omissions by: 1. You; 2. Any of your "employees" or agents; Insurance. or 2. Any organization that is acquired or formed by 3. Any person, except the lessor or you and over which you maintain majority any "employee" or agent of the ownership. However, the Named Insured lessor, operating an "auto" with the does not include any newly formed or acquired permission of any of 1. and/or 2. organization: above. (a) That is an "insured" under any other D. Persons And Organizations As Insureds automobile policy; Under A Written Insured Contract (b) That has exhausted its Limit of Insurance Paragraph A.1 — WHO IS AN INSURED — of under any other policy; or SECTION 11— LIABILITY COVERAGE is (c) 180 days or more after its acquisition or amended to add the following: formation by you, unless you have given f. Any person or organization with respect to us written notice of the acquisition or the operation, maintenance or use of a formation. covered 'auto", provided that you and Coverage does not apply to "bodily injury" or such person or organization have agreed "property damage" that results from an "accident" under an express provision in a written that occurred before you formed or acquired the "insured contract", written agreement or a organization. written permit issued to you by a B. Employees as Insureds governmental or public authority to add Paragraph A.1. — WHO IS AN INSURED — of such person or organization to this policy SECTION II — LIABILITY COVERAGE is amended to as an "insured". add the following:oZvgulsn or organization is d. Any "employee" of yours while using a App s r only: covered "auto" you don't own, hire or IZI Sandra M. Schwarzmann Form: 16-02-0292 (Rev. 11-16) or A otslant Cityy Rt tte9f 3 "Includes 4vices copyrighted material of Insuranc fFice, Inc. wi h its permission" (1) with respect to the operation, d. Rental Expense maintenance or use of a covered We will pay the following expenses that you or "auto"; and any of your "employees" are legally obligated (2) for "bodily injury" or "property damage" to pay because of a written contract or caused by an "accident" which takes agreement entered Into for use of a rental place after: vehicle in the conduct of your business: (a) You executed the "insured MAXIMUM WE WILL PAY FOR ANY ONE contract" or written agreement; or CONTRACT OR AGREEMENT: (b) The permit has been issued to 1. $2,500 for loss of income incurred by the you. 3. FELLOW EMPLOYEE COVERAGE rental agency during the period of time that EXCLUSION B.S. - FELLOW EMPLOYEE — of vehicle is out of use because of actual SECTION II — LIABILITY COVERAGE does not apply. damage to, or "loss" of, that vehicle, including 4. PHYSICAL DAMAGE — ADDITIONAL TEMPORARY income lost due to absence of that vehicle for TRANSPORTATION EXPENSE COVERAGE use as a replacement; Paragraph AA.a. —TRANSPORTATION EXPENSES 2. $2,500 for decrease in trade-in value of the — of SECTION III — PHYSICAL DAMAGE rental vehicle because of actual damage to COVERAGE is amended to provide a limit of $50 per that vehicle arising out of a covered "loss"; and day for temporary transportation expense, subject to a 3. $2,500 for administrative expenses incurred maximum limit of $1,000. by the rental agency, as stated in the contract 5. AUTO LOAN/LEASE GAP COVERAGE or agreement. Paragraph A. 4. — COVERAGE EXTENSIONS - of 4. $7,500 maximum total amount for paragraphs SECTION III — PHYSICAL DAMAGE COVERAGE is 1., 2. and 3. combined. amended to add the following: 7. EXTRA EXPENSE — BROADENED COVERAGE c. Unpaid Loan or Lease Amounts Paragraph A.4. — COVERAGE EXTENSIONS — of In the event of a total "loss" to a covered "auto", we will SECTION III — PHYSICAL DAMAGE COVERAGE pay any unpaid amount due on the loan or lease for a is amended to add the following: covered "auto" minus: e. Recovery Expense 1. The amount paid under the Physical Damage We will pay for the expense of returning a Coverage Section of the policy; and stolen covered "auto" to you. 2. Any: 6. AIRBAG COVERAGE a. Overdue loan/lease payments at the time of Paragraph B.3.a. - EXCLUSIONS — of SECTION the "loss"; III — PHYSICAL DAMAGE COVERAGE does not b. Financial penalties imposed under a lease for apply to the accidental or unintended discharge of excessive use, abnormal wear and tear or an airbag. Coverage is excess over any other high mileage; collectible insurance or warranty specifically c. Security deposits not returned by the lessor: designed to provide this coverage. d. Costs for extended warranties, Credit Life 9. AUDIO, VISUAL AND DATA ELECTRONIC Insurance, Health, Accident or Disability EQUIPMENT - BROADENED COVERAGE Insurance purchased with the loan or lease; Paragraph C.1.b. — LIMIT OF INSURANCE - of and SECTION III - PHYSICAL DAMAGE is deleted e. Carry-over balances from previous loans or and replaced with the following: leases. b. $2,000 is the most we will pay for "loss' in any We will pay for any unpaid amount due on the loan or one "accident' to all electronic equipment that lease if caused by: reproduces, receives or transmits audio, visual 1. Other than Collision Coverage only if the or data signals which, at the time of "loss', is: Declarations indicate that Comprehensive (1) Permanently installed in or upon the Coverage is provided for any covered "auto"; covered "auto" in a housing, opening or 2. Specified Causes of Loss Coverage only if the other location that is not normally used by Declarations indicate that Specified Causes of the "auto" manufacturer for the installation Loss Coverage is provided for any covered "auto of such equipment; or 3. Collision Coverage only if the Declarations indicate (2) Removable from a permanently installed that Collision Coverage is provided for any housing unit as described in Paragraph covered "auto. 2.a. above or is an integral part of that 6. RENTAL AGENCY EXPENSE equipment; or Paragraph A. 4. —COVERAGE EXTENSIONS —of (3) An integral part of such equipment. SECTION III — PHYSICAL DAMAGE COVERAGE is amended to add the following: 10. GLASS REPAIR —WAIVER OF DEDUCTIBLE Form: 16-02-0292 (Rbv. 11-16) Page 2 of 3 'Includes copyrighted material of Insurance Services Office, Inc. with its permis io " ED A `�6 FORM APER andra M. Schwarzmann Senior Assistant City Attorney Under Paragraph D. - DEDUCTIBLE—of SECTION III — PHYSICAL DAMAGE COVERAGE the following is added: No deductible applies to glass damage if the glass is repaired rather than replaced. 11. TWO OR MORE DEDUCTIBLES Paragraph D.- DEDUCTIBLE — of SECTION III — PHYSICAL DAMAGE COVERAGE is amended to add the following: If this Coverage Form and any other Coverage Form or policy issued to you by us that is not an automobile policy or Coverage Form applies to the same "accident", the following applies: 1. If the deductible under this Business Auto Coverage Form is the smaller (or smallest) deductible, it will be waived; or 2. If the deductible under this Business Auto Coverage Form is not the smaller (or smallest) deductible, it will be reduced by the amount of the smaller (or smallest) deductible. 12. AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS Paragraph A.2.a. - DUTIES IN THE EVENT OF AN ACCIDENT, CLAIM, SUIT OR LOSS of their rights of recovery against such person or organization under a contract or agreement that is entered into before such "loss". To the extent that the "insured's" rights to recover damages for all or part of any payment made under this insurance has not been waived, those rights are transferred to us. That person or organization must do everything necessary to secure our rights and must do nothing after "accident" or "loss" to impair them. At our request, the insured will bring suit or transfer those rights to us and help us enforce them. 14. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS Paragraph B.2. — CONCEALMENT, MISREPRESENTATION or FRAUD of SECTION IV — BUSINESS AUTO CONDITIONS - is deleted and replaced with the following: If you unintentionally fail to disclose any hazards existing at the inception date of your policy, we will not void coverage under this Coverage Form because of such failure. SECTION IV- BUSINESS AUTO CONDITIONS is 15. AUTOS RENTED BY EMPLOYEES deleted and replaced with the following: Paragraph B.5. - OTHER INSURANCE of a. In the event of "accident", claim, "suit" or SECTION IV —BUSINESS AUTO CONDITIONS - "loss", you must promptly notify us when the is amended to add the following: "accident" is known to: e. Any "auto" hired or rented by your "employee" (1) You or your authorized representative, if on your behalf and at your direction will be you are an individual; considered an "auto" you hire. If an (2) A partner, or any authorized employee's" personal insurance also applies representative, if you are a partnership; on an excess basis to a covered "auto" hired (3) A member, if you are a limited liability or rented by your "employee" on your behalf company; or and at your direction, this insurance will be (4) An executive officer, insurance manager, primary to the "employee's" personal or authorized representative, if you are an insurance. organization other than a partnership or 16. HIRED AUTO — COVERAGE TERRITORY limited liability company. Paragraph B.7.b.(5). - POLICY PERIOD, Knowledge of an "accident", claim, "suit" or COVERAGE TERRITORY of SECTION IV — "loss" by other persons does not imply that the BUSINESS AUTO CONDITIONS is deleted and persons listed above have such knowledge. replaced with the following: Notice to us should include: (5) A covered "auto" of the private passenger (1) How, when and where the "accident" or type is leased, hired, rented or borrowed "loss" occurred; without a driver for a period of 45 days or (2) The "insured's" name and address; and less; and (3) To the extent possible, the names and 17. RESULTANT MENTAL ANGUISH COVERAGE addresses of any injured persons or Paragraph C. of - SECTION V — DEFINITIONS is witnesses. 13. WAIVER OF SUBROGATION deleted and replaced by the following: Paragraph A.5. -TRANSFER OF RIGHTS OF "Bodily injury" means bodily injury, sickness or RECOVERY AGAINST OTHERS TO US of disease sustained by any person, including SECTION IV— BUSINESS AUTO CONDITIONS is mental anguish or death as a result of the "bodily deleted and replaced with the following: 5. We will waive the right of recovery we would otherwise have against another person or� organization for "loss" to which this insurance 3=t;t0i applies, provided the "insured" has waivedannForm: 16-02-0292(Rev.11-16) Senior Assistant Q%o ,y "Includes copyrighted material of Insurance Services Office, Inc. with its permission" 4. Loss Payment — Physical Damage Coverages At our option, we may: a. Pay for, repair or replace damaged or stolen property; b. Return the stolen property, at our expense. We will pay for any damage that results to the "auto" from the theft; or c. Take all or any part of the damaged or stolen property at an agreed or appraised value. If we pay for the "loss", our payment will include the applicable sales tax for the damaged or stolen property. 5. Transfer Of Rights Of Recovery Against Others To Us If any person or organization to or for whom we make payment under this Coverage Form has rights to recover damages from another, those rights are transferred to us. That person or organization must do everything necessary to secure our rights and must do nothing after "accident" or "loss" to impair them. B. General Conditions 1. Bankruptcy Bankruptcy or insolvency of the "insured" or the "in50red's" estate will not relieve us of any obligations under this Coverage Form. 2. Concealment, Misrepresentation Or Fraud This Coverage Form is void in any case of fraud by you at any time as it relates to this Coverage Form. It is also void if you or any other "insured", at any time, intentionally conceals or misrepresents a material fact concerning: a. This Coverage Form; b. The covered "auto"; c. Your interest in the covered "auto"; or d. A claim under this Coverage Form. 3. Liberalization If we revise this Coverage Form to provide more coverage without additional premium charge, your policy will automatically provide the additional coverage as of the day the revision is effective in your state. 4. No Benefit To Baliee — Physical Damage Coverages We will not recognize any assignment or grant any coverage for the benefit of any person or organization holding, storing or transporting property for a fee regardless of any other provision of this Coverage Form. 5. Otherinsurance a. For any covered "auto" you own, this Coverage Form provides primary insurance. For any covered "auto" you don't own, the insurance provided by this Coverage Form is excess over any other collectible insurance. However, while a covered "auto" which is a "trailer" is connected to another vehicle, the Covered Autos Liability Coverage this Coverage Form provides for the "trailer" is: (1) Excess while it is connected to a motor vehicle you do not own; or (2) Primary while it is connected to a covered "auto" you own. b. For Hired Auto Physical Damage Coverage, any covered "auto" you lease, hire, rent or borrow is deemed to be a covered "auto" you own. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". c. Regardless of the provisions of Paragraph a. above, this Coverage Form's Covered Autos Liability Coverage is primary for any liability assumed under an "insured contract". d. When this Coverage Form and any other Coverage Form or policy covers on the same basis, either excess or primary, we will pay only our share. Our share is the proportion that the Limit of Insurance of our Coverage Form bears to the total of the limits of all the Coverage Forms and policies covering on the same basis. 6. Premium Audit CA 00 01 10 13 © Insurance Services Office, a. The estimated premium for this Coverage Form is based on the exposures you told us you would have when this policy began. We will compute the final premium due when we determine your actual exposures. The estimated total premium will be credited against the final premium due and the first Named Insured will be billed for the balance, if any. The due date for the final premium or retrospective premium is the date shown as the due date on the bill. If the estimated total premium exceeds the final premium due, the first Named Insured will get a refund. b. If this policy is issued for more than one year, the premium for this Coverage Form will be computed annually based on our rates or premiums in effect at the beginning of each a of t k A�RM Sch`n'arzmpnn a 8of12 nt City Attorn C H U B B° Liability Insurance Endorsement Policy Period Effective Date Policy Number Insured Name of Company Date Issued This Endorsement applies to the following forms: a•Itt; Al MEN -31011C1 Who Is An Insured JANUARY 15, 2018 TO JANUARY 15, 2019 JANUARY 15, 2018 3604-42-90 WCE COTA,COLE, LLP OCTOBER 26, 2017 Under Who Is An Insured, the following provision is added Additional Insured - Persons or organizations shown in the Schedule are Insureds; but they are Lwn ds only If you Pre Scheduled Person obligatedpursuant to a contract or agreement to provide them with such insurance as is afforded by Or Organization this policy. However, the person or organization is an Insured only: • if and then only to the extent the person or organization is described in the Schedule; • to the extent such contract or agreement requires the person or organization to be afforded status as an Insured; • for activities that did not occur, in whole or in part, before the execution of the contract or agreement; and • with respect to damages, loss, cost or expense for injury or damage to which this insurance applies. No person or organization is an msared under this provision: • that is more specifically identified under any other provision of the Who Is An Insured section (regardless of any limitation applicable thereto). • with respect to any assumption of liability (of another person or organization) by them in a contract or agreement. This limitation does not apply to the liability for damages, loss, cost or expense for injury or damage, to which this insurance applies, that the person or organization would have in the absence of such contractor agreement. �O L"�yAvt)/AS ` O FORM Sandra M. Schwarzmann Senior Assistant City Attorney Liablilty Insurance Addibonat Insured - 3chedded Person Or organizeCon continued Form 80-M-2367 (Rev. 5-07) Endorsement Page I