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HomeMy WebLinkAboutPREMIER VENDGROUP INC. - 2016City of Santa Ana '%, t Clerk of the Cour AGREEMENT TERMINATION FORM Please complete this form when the attached agreement and all amendments (if any) are no longer in effect. Note: If your agreement is grant related, please ensure that all grant retention requirements have been satisfied prior to signing the termination form. Return form to the Clerk of the Council Office (M-30). Call 647-1520 if you have any questions. The agreement with No. N-2016-145 was completed on (List all amendments. Use space below if needed.) Revised: 01-07-1 G COTC Office Use Only nF THE CGU_..$CTL 16 2'21 Pw3:32 and final payment has been made. Department: Pf Phone/Ext.: SD-aLLj Signature: 'C;ds)t & Date: -7 rc : QN, FIH E Ilk (IYPJ v FFiRM;UD "41114.. IIM�URAJ ,ExPI�RES Gi/Ikaa /WC : #-/ /7 r -000IL 6XI SE 2 6 A VENDING AGREEMENT BETWEEN THE CITY OF SANTA ANA AND PREMIERE VENDGROUP INC. N-2016-145 0: PRCS (f ) .y Silvia Cuevas This Agreement is trade and entered into this ,.'0 day of September, 2016, by and between Premier Vendgroup Inc., a California corporation ("Vendor"), and 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 ("City"), RECITALS A. The City desires to retain a vending company to provide beverage and/or attack vending machines at various City -owned properties. B. Vendor represents that Vendor is able and willing to Provide such services to the City. Vendor offers soft drinks, water, iced tea, juice and snack products for sale in Vendor -owned vending machines. Vendor desires to place its vending machines at various agreed upon City -owned and operated facilities ("the Premises"), C. Vendor ensures that no less than fifty percent (50%) of the food and beverages provided in all vending machines located on the Premises will be of a healthy variety in compliance with the City°s policy regarding healthy snacks in vending machines at City -owned facilities. D. Vendor represents that it is experienced in its field and that any services performed by Vendor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional vending company. WHEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties hereto do hereby agree as follows: i. TERM The term of this Agreement .shall be for an initial term of one (1) year, commencing on October 1, 2016 and expiring one year thereafter on September 30, 20t7, unless earlier terminated by either party as provided herein. The term of this agreement may be extended by a writing executed by the City ttManager and City Attorney. 2, VENDING RIGHTS The City hereby grants Vendor the right to install and maintain their soft drink and snack vending machines ("vending machines") throughout the Premises for the term of this Agreement. 3, COMPENSATION TO CITY Vendor agrees to pay, and City agrees to accept as payment for its granting the Light to install and maintain vending operations on City -owned property, Six Hundred Dollars ($600.00) per month payable to the City on the 5"' day of each month. 4. RESPONSIBILITY FOR VENDING MACHINES Vendor will provide vending machines on the Premises as mutually agreed upon between Vendor and the Executive 'Director throughout the tenn of this Agreement. All vending machines shall at all times remain the property of Vendor. Vendor will repair and maintain the vending machines and agrees to keep them in good working order and condition at all times. Vendor shall have the exclusive right and obligation to repair, replace, or remove any and all vending machines. City shall not replace, relocate, move or remove any vending machines. Notwithstanding the foregoing, City agrees to use reasonable efforts to keep the vending machines in clean and sanitary condition, wholly free of all advertising at all times. In addition, City agrees to promptly notify Vendor of any need for repair or service, and to fully cooperate with Vendor in effecting such necessary repairs or service. City shall bear no responsibility whatsoever for any vandalism or theft occurring with regard to Vendor's equipment and vending machines. Further, Vendor shall be responsible for the costs of repair or replacement necessitated by vandalism, graffiti or theft. Should vandalism occur to the same vending machine for a second time, City may elect one to either relocate or remove said vending machine. Vendor and the Executive Director shall mutually agree on all locations to relocate vending machines if needed. 5. VEND RATES AND COMMISSION Current vending rates and commission rates shall be as approved in writing from time to time by the Executive Director. The current pricing is attached hereto as Exhibit A "Pricing". Vendor shall maintain all vending machines stocked with at least 50% healthy foods, such as such as baked chips, fruit, pretzels, granola, nuts, bottled water, tow fat milk products, sports drinks and natural fruit juice drinks in compliance with the City's policy regarding healthy snacks, healthy eating and active living (City of Santa Ana Resolution No. 2006-053 and Resolution No. 2011-003). 6. VENDING MACHINE PLACEMENT A detailed list reflecting the proposed placement of all vending machines and equipment is set forth in the "Existing Sites" list, (attached hereto as Exhibit A —Page 2.). Vendor shall provide vending machines at all listed locations. Additional vending machines may periodically be added to the list subject to prior written approval of the Executive Director. Should the proposed locations of the vending machines be found not to be in the best interest of Vendor or the City, both parties must mutually agree as to whether or not to relocate the vending machines. If the Executive Director agrees that relocation is necessary, he/she has the authority to exercise discretion as to the most appropriate new location for placement of said vending machine on behalf of the City. An updated list evidencing the placement of the vending machines shall be kept by the Executive Director. DEFAULT AND TERMINATION: This Agreement may be terminated by the non -defaulting party if the other party materially fails to perform or comply with this Agreement or any provision hereof, The non -defaulting party may cancel the Agreement by sending a Non -Compliance Notice describing the non-compliance to the non -complying party. Upon receipt of such Non - Compliance Notice, the non -complying party shall have thirty (30) days from the date of such notice to cure any such non-compliance. If such non-compliance is not cured within the required thirty (30) day period, the party providing the Non -Compliance Notice shall have the right to cancel this Agreement. The rights of termination referred to herein are not intended to be exclusive and are in addition to any other rights available to either party in law or in equity. 8. RIGHTS UPON TERMINATION Upon termination of this Agreement by either party, City shall permit Vendor reasonable access to the Premises free from any claims of trespass, for the purpose of removing any vending machines within thirty (30) days from termination of this Agreement. Until such time as all vending machines are removed, each party's obligations shall continue as set forth in section 3 and 4. Vendor shall use its best efforts to leave each of the vending sites within the Premises in the condition in which it existed prior to installation, excepting reasonable wear and tear. 9. ENTIRE AGREEMENT This Agreement contains the entire understanding and agreement between the parties hereto regarding the rights and responsibilities pertaining to vending machines on the Premises and supersedes all other agreements between the parties respecting such. This Agreement may be amended or modified only by written agreement, signed by each of the parties. 10. INDEMNIFICATION Vendor shall indemnify, defend, and hold harmless the City of Santa Ana, its officers, agents, employees, and volunteers from damage to property and for injury to or death of any person and from all claims, demands, actions, liability, or damages of any kind or nature arising out of or in connection with Vendor's use of the Premises, except those which arise out of a dangerous/defective condition of the Premises or due to the sole negligence of the City. 11, INSURANCE Prior to undertaking performance of work under this Agreement, Vendor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Vendor shall maintain commercial general liability insurance naming the City, its officers, agents, volunteers, and employees as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Vendor's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence. Vendor shall supply City with a filly executed additional insured endorsement in substantially the form attached hereto as Exhibit B 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 $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Vendor, if Vendor has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance ofthe work under this Agreement, Vendor agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Vendor is or employs a licensed professional such as an architect or engineer: Professional liability (eirors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim. e. The following requirements apply to the insurance to be provided by Vendor Pursuant to this section: 4 (i) Vendor shall maintain tilt 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. C. If Vendor fails or refuses to produce or maintain the insurance required by this section or fails or refuses to armish 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 terminate this Agreement. Such termination shall not affect Vendor's right to be paid for its time and materials expended prior to notification of termination. Vendor waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 1.2. NOTICE Any notice or instrument required to be given or delivered to either party to this Agreement may be delivered by personal delivery or by depositing the same in the United States Mail, postage prepaid, addressed to: If to the City: Executive Director of Parks, Recreation and Community Services City of Santa Ana 26 Civic Center Plaza (M-75) P.O. Box t988 Santa Ana, California 92702 FAX: (714) 571-4211 If to Vendor: Premier Vendgroup, Inc. 6814 Suva Street Bell Gardens, CA 90201 Phone: (562) 928-t301 FAX: (562) 928-5501 Any notice of a change of address shall be delivered in the same manner as any other notice provided herein. Notice by mail shall be effective three (3) days after mailing by the above -described procedure. 13. MISCELLANEOUS PROVISIONS a. Vendor covenants that it presently has no interest, and shall not have any interest, direct or indirect, which would conflict in any manner with the performance of services required hereunder. b. Vendor certifies that it will not discriminate against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, martial status, sex or age, in compliance with Government Code 12900, et seq. Vendor agrees to take affirmative action to insure that applicants Lure employed, and that employees are treated during employment, without regard to their race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex or age. c. The invalidity in whole or in part of any provision of this Agreement shalt not void or affect the validity of any other provision of this Agreement. d. This Agreement shall be governed by and construed in accordance with the laws of the State of California, with venue in Orange County. e. Each undersigned represents and warrants that its signature herembelow has the power, Agency and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify Agency fully, including reasonable costs and attorney's fees, for any injuries or damages to Agency in the event that such Agency or power is not, in fact, held by the signatory or is withdrawn. f. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. (Signatures on Following Page) N WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: A ` / iv(AR.IA D. !-!UIZAR � Clerk of tho Council APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By: Lisa Storck Assistant City Attorney RECOMMEND APPROVAL: T1a i� s�G Gerardo Nlouet, Executive Director Parks, Recreation & Community Services Agency CITY OF SANTA AN DAV13 CAVAZOS City Manager VENDOR: PREMIER VENDGROUP, INC. Michael Ferraro President EXHIBIT A PROPOSED SCOPE OF SERVICES/VENDOR RESPONSIBILITIES 1. Provide beverage and/or snack vending machines, approved locations. 2. Ensure that no less than 50 percent of the food and beverage provided in all vending machines located at City -owned facilities are of a healthy variety. 3. Provide maintenance, service and cleaning of those machines at regular intervals and/or as needed. 4. The vending operation shall be run in an efficient and courteous manner. Vending services staff member(s) shall be clean and neatly dressed, presenting apositive image for City facilities. Special consideration will be offered to bidders able to demonstrate superior customer service. 5. For the safety of the public patrons who utilize City facilities and/or maintenance concerns regarding City facilities, restrictions may be necessary including items sold, packaging, etc. The City must approve all menu items, packaging, and machines, and machine locations (or changes to the above). 6. The vendor shall obtain a business license to operate within the City of Santa Ana and maintain current liability insurance coverage. 7. The vendor(s) shall attend meetings with City staff as required. 8. The vendor(s) shall coordinate with other Agencies as required. 9. The vendor shall provide a revenue/expenditure report if requested by the City of Santa Ana. 10. The revenue to the City shall be $600 per month. CITY RESPONSIBILITIES The City will provide the following: 1. Electricity and electrical maintenance for approved vending machines to be installed. 2. Approval of sites and number and types of machines to be installed. 3. Staff liaison for communication and problem resolution. EXHIBIT A PRICING Snacks Pricing Large Serving Size Chips 12oz $1.00 Fresh Pastries $1.50 Cookies $1.00 Deluxe Bag Snacks $1.00 Candy --Chocolate $1.00 Energy Bars $2.00 Gum/Mints $1.00 Drinks Pricing 20oz Soda/Water Beverage $1.25 12oz Soda Can $1.00 Snapple $1.50 20oz Gatorade Bottle $1.75 Energy Drinks 16oz, Red Bull 8oz $2.75 Juice Drinks $2.00 Coffee Pricing 8oz Cup $0.75 12oz Cup $1.00 EXHIBIT A EXISTING SITES PRCSA Park/Facility Sites Address Existing Machines Proposed Number/Type Of Machines El Salvador Park 1825 W. Civic Center 2 1 cold drink and 1 snack Memorial Park 2102 S. Flower St. 2 1 drink and 1 snack Rosita Park and Salgado Recreation Center 706 N. Newhope St. 2 1 drink and 1 snack Santa Ana Public Library 26 Civic Center Plaza 2 1 cold drink and 1 snack Santa Ana Senior Center (SASC) 434 W. 3`d Street 1 1 cold drink/snack combo Southwest Senior Center S W SC) 2201 W. McFadden Ave. 2 1 cold drink and 1 snack Santa Ana Regional Transportation Center (SARTC) 1000 East Santa Ana Blvd 3 2 cold drink and 1 snack Santa Ana Police Department, Code 7 Cafe 60 Civic Center Plaza 4 2 cold drink, 1 hot drink, and 1 snack Santa Ana Police Department, 1"Floor 60 Civic Center Plaza 1 1 cold drink Santa Ana City Hall 20 Civic Center Plaza 2 1 cold drink and 1 snack Santa Ana City Yard, Administrative Building 220 S. Daisy Ave. 2 1 cold drink and 1 snack Santa Ana City Yard, Fleet Maintenance 220 S. Daisy Ave. 2 1 cold drink and 1 snack ATTACHMENT "A" CERTIFICATION OF NON-DISCRIMINATION BY CONSULTANTS As suppliers of goods or services to the City of Santa Ana, the Firm listed below certifies that it does not discriminate in its employment with regard to race, color, religion, sex, or national origin; that it is in compliance with all federal, state and local directives and executive orders regarding non-discrimination in employment; and that it agrees to demonstrate positively and aggressively the principle of equal opportunity in employment. WE AGREE SPECIFICALLY: To take affirmative steps to hire minority employees with the company. 2. To establish or observe employment policies within affirmative promotion opportunities for minority persons at all job levels. To communicate this policy to all persons concerned, including all company employees, outside recruiting services, especially those servicing minority communities, and to the minority communities at large. FIRM ?c—rr7i.� TITLE OF PERSON SIGNING SIGNATURE DATE Please include any additional information available regarding equal opportunity employment programs now in effect within your company. AC RD CERTIFICATE OF LIABILITY INSURANCE 8/DATE(M I DIYM) 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 PRODUCER Arthur J. Gallagher & Co. nsurance Brokers of CA. LIC #0726293 21011 Warner Center Lane Woodland Hills CA 91367 INSURED Downey Vendors 6814 Suva Street Bell Gardens CA 90201 American Insurance _Corn [can Fire and Casualtv Cc COVERAGES CERTIFICATE NIIMRER- 909559808 RFVIRION NIIMRER- 818-316-0990 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 IADDLNSDI WVD POLICYEFF POLICYEXP LTR TYPE OF INSURANCE POLICY NUMBER MM/DDIYVYV MMIDDIYYYY LIMITS A X COMMERCIAL GENERAL LIABILITY Y BKW58585014 4/1/2016 4/l/2017 EACH OCCURRENCE $1,000,000 ( CLAIMS -MADE OCCUR DAMAGE TO RENTED PREMISE SE a occurrence)$100,000- PREMI MED EXP (Any one person) $10,000 _ PERSONAL&ADVINJURV $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGAT E II$2,000,000 X POLICY' PRO- ! LOC PRODUCTS - COMP/OP AGO I $2,000,000 $ OTHER: A AUTOMOBILE LIABILITY DAW56585014 4/l/2016 4/l/2017 COMBINED SINGLE LIMIT (Ea accident) -. $1,000,000 BODILY INJURY (Per person).i$ X ANY AUTO ALL OWNED - SCHEDULED _- -- NON -OWNED X HIRED AUTOS X _ AUTOS BODILY INJURY (Per amdonl) PROPERTY DAMAGE - - �ISPer accltlentl. $ $ $1,000,000 Uninsd moto Cam B X UMBRELLA LIAB X OCCUR USA56585014 4/1/2016 4/1/2017 EACH OCCURRENCE $5,000,000 $5,000,000 EXCESSIL CLAIMS -MADE AGGREGATE RED I RETENTION$ $ WORKERS COMPENSATION ANDEMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE YIN A PER OTH- STATUTE ER EL EACH ACCIDENT $ EXCLUDED? N/A, $ andaRry inN )EXCW (Mantlatory in NH)I. EL DISEASE EA EMPLOYEE If yes, describe under DESCRIPTION OF OPERATIONS below E. L. DISEASE -POLICY LIMIT $ A Hired Auto PD BAW56585014 4/1/2016 4/l/2017 Comp & Coll Ded $50,000 Hired Auto PD $1,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) City of Santa Ana is named Additional Insured with respect to general liability coverage per attached form C.Gtffp 0413. �ev�ewe a GUevas CERTIFICATE HOLDER CANCEI I ATION — _n NI II , City of Santa Ana SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Attn: Purchasing Dept ACCORDANCE WITH THE POLICY PROVISIONS. 20 Civic Center Plaza Santa Ana CA 92702 AUTHORIZED REPRESENTATIVE © 1988.2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD COMMERCIAL GENERAL LIABILITY CG 88 10 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL GENERAL LIABILITY EXTENSION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART INDEX SUBJECT PAGE NON -OWNED AIRCRAFT 2 NON -OWNED WATERCRAFT 2 PROPERTY DAMAGE LIABILITY — ELEVATORS 2 EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) MEDICAL PAYMENTS EXTENSION EXTENSION OF SUPPLEMENTARY PAYMENTS — COVERAGES A AND B ADDITIONAL INSUREDS — BY CONTRACT, AGREEMENT OR PERMIT PRIMARY AND NON-CONTRIBUTORY — ADDITIONAL INSURED EXTENSION ADDITIONAL INSUREDS — EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE" WHO IS AN INSURED — INCIDENTAL MEDICAL ERRORSIMALPRACTICE AND WHO IS AN INSURED — FELLOW EMPLOYEE EXTENSION — MANAGEMENT EMPLOYEES NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT LIBERALIZATION CLAUSE BODILY INJURY REDEFINED EXTENDED PROPERTY DAMAGE WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US — WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU (j �� fie. ��& C1 02C13 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 8 With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified by the endorsement. A. NON -OWNED AIRCRAFT Under Paragraph 2. Exclusions of Section I — Coverage A - Bodily Injury And Property Damage Liability, exclusion g. Aircraft, Auto Or Watercraft does not apply to an aircraft provided: 1. It is not owned by any insured, 2. It is hired, chartered or loaned with a trained paid crew; 3. The pilot in command holds a currently effective certificate, issued by the duly constituted authority of the United States of America or Canada, designating her or him a commercial or airline pilot; and 4. It is not being used to carry persons or property for a charge. However, the insurance afforded by this provision does not apply if there is available to the insured other valid and collectible insurance, whether primary, excess (other than insurance written to apply specifically in excess of this policy), contingent or on any other basis, that would also apply to the loss covered under this provision. B. NON -OWNED WATERCRAFT Under Paragraph 2. Exclusions of Section I — Coverage A— Bodily Injury And Property Damage Liability, Subparagraph (2) of exclusion g. Aircraft, Auto Or Watercraft is replaced by the following: This exclusion does not apply to: (2) A watercraft you do not own that is: (a) Less than 52 feet long; and (b) Not being used to carry persons or property for a charge. C. PROPERTY DAMAGE LIABILITY — ELEVATORS Under Paragraph 2. Exclusions of Section I — Coverage A — Bodily Injury And Property Damage Liability, Subparagraphs (3), (4) and (6) of exclusion j. Damage To Property do not apply if such "property damage" results from the use of elevators. For the purpose of this provision, elevators do not include vehicle lifts. Vehicle lifts are lifts or hoists used in automobile service or repair operations. 2. The following is added to Section IV — Commercial General Liability Conditions, Condition 4. Other Insurance, Paragraph b. Excess Insurance: The insurance afforded by this provision of this endorsement is excess over any property insurance, whether primary, excess, contingent or on any other basis. D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) If Damage To Premises Rented To You is not otherwise excluded from this Coverage Part: Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury and Property Damage Liability: a. The fourth from the last paragraph of exclusion j. Damage To Property 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, explosion, smoke, or leakage from an automatic fire protection system) to: sd )MJ (i) Premises rented to you for a period of 7 or fewer caRsgdL�rNa dasor (it) Contents that you rent or lease as part of a premises rental se e a art for a period of more than 7 days. �� ssss Paragraphs (1), (3) and (4) of this exclusion do not premises rented to you for a period of 7 or fewer cc of A separate limit of insurance applies to this coverage as described in Section III — Limits of Insurance. Q 2013 Liberty Mutual Insurance CG 88 10 04 13 includes copyrighted material of Insurance services Office, Inc., with its permission, Page 2 of 8 b. The last paragraph of subsection 2. Exclusions is replaced by the following: Exclusions c. through n. do not apply to damage by fire, lightning, explosion, smoke or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section III — Limits Of Insurance. 2. Paragraph 6. under Section III — Limits Of Insurance is replaced by the fallowing: 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: a. Any one premise: (1) While rented to you, or (2) While rented to you or temporarily occupied by you with permission of the owner for damage by fire, lightning, explosion, smoke or leakage from automatic protection systems; or b. Contents that you rent or lease as part of a premises rental or lease agreement. 3. As regards coverage provided by this provision D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) • Paragraph 8.a, of Definitions is replaced with the following: 8,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, smoke, or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with the permission of the owner, or for damage to contents of such premises that are included in your premises rental or lease agreement, is not an "insured contract". E. MEDICAL PAYMENTS EXTENSION If Coverage C Medical Payments is not otherwise excluded, the Medical Payments provided by this policy are amended as follows: Under Paragraph 1. Insuring Agreement of Section I — Coverage C — Medical Payments, Subparagraph (b) of Paragraph a, is replaced by the following: (b) The expenses are incurred and reported within three years of the date of the accident; and F. EXTENSION OF SUPPLEMENTARY PAYMENTS — COVERAGES AAND B 1. Under Supplementary Payments — Coverages A and B, Paragraph 1.1b. is replaced by the following: b. Up to $3,000 for cost of bail 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. 2. Paragraph 1.d_ is replaced by the following: 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 actual loss of earnings up to $500 a day because of time off from work. G. ADDITIONAL INSUREDS - BY CONTRACT, AGREEMENT OR PERMIT 1. Paragraph 2. under Section II —Who Is An Insured is amended to include as an insured any person or organization whom you have agreed to add as an additional insured in a written contract, written agreement or permit. Such person or organization is an additional insured but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused in whole or in part by: a. Your acts or omissions, or the acts or omissions of those acting on your behalf, in the performance of your on going operations for the additional insured that arA1tl object of the written contract or written agreement provided that the "bodily injurg" party damage" occurs, or the "personal and advertising injury" is committed, subseg fth'fhe signing of such n contract or written agreement; or`Gi 02013 Liberty Mutual Insurancep-w CG 88 10 04 13 Includes copyrighted material of Insurance services Office, Inc., with its permission. Page 3 of 8 b. Premises or facilities rented by you or used by you; or C. The maintenance, operation or use by you of equipment rented or leased to you by such person or organization; or d. Operations performed by you or on your behalf for which the state or political subdivision has issued a permit subject to the following additional provisions: (1) This insurance does not apply to "bodily injury", "property damage", or "personal and advertising injury" arising out of the operations performed for the state or political subdivision; (2) This insurance does not apply to "bodily injury" or "property damage" included within the "completed operations hazard". (3) Insurance applies to premises you own, rent, or control but only with respect to the following hazards: a) The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners, or decorations and similar exposures; or (b) The construction, erection, or removal of elevators; or (c) The ownership, maintenance, or use of any elevators covered by this insurance. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. With respect to Paragraph Ca. above, a person's or organization's status as an additional insured under this endorsement ends when, (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. With respect to Paragraph 1.b. above, a person's or organization's status as an additional insured under this endorsement ends when their written contract or written agreement with you for such premises or facilities ends. With respects to Paragraph 1.c. above, this insurance does not apply to any "occurrence" which takes place after the equipment rental or lease agreement has expired or you have returned such equipment to the lessor. The insurance provided by this endorsement applies only if the written contract or written agreement is signed prior to the "bodily injury" or "property damage". We have no duty to defend an additional insured under this endorsement until eve written notice of a "suit" by the additional insured as required in Paragraph b. of Condition 2. PSktj_q Wee Event Of Occur ence, Offense, Claim Or Suit under Section IV —Commercial General Lt t ity Co ditions. n6 2013 Liberty Mutual Insurance ,_ ('�UQ,v a's CG 88 10 04 13 Includes copyrighted material of Insurance Services Office 1p erl i*,(q�O Page 4 of 8 With respect to the insurance provided by this endorsement, the following are added to Paragraph 2. Exclusions under Section I - Coverage A - Bodily Injury And Property Damage Liability: This insurance does not apply to: a. "Bodily injury" or "property damage" arising from the sole negligence of the additional insured. b. "Bodily injury" or "property damage" that occurs prior to you commencing operations at the location where such "bodily injury' or "property damage" occurs. C. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications, or (2) Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of, or the failure to render, any professional architectural, engineering or surveying services. d. "Bodily injury" or "property damage" occurring after: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. e. Any person or organization specifically designated as an additional insured for ongoing operations by a separate ADDITIONAL INSURED — OWNERS, LESSEES OR CONTRACTORS endorsement issued by us and made a part of this policy. 3. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: a. Required by the contract or agreement; or b. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. PRIMARY AND NON-CONTRIBUTORY ADDITIONAL INSURED EXTENSION This provision applies to any person or organization who qualifies as an additional insured under any form or endorsement under this policy. Condition 4. Other Insurance of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: The following is added to Paragraph a. Primary Insurance: If an additional insured's policy has an Other Insurance provision making its policy excess, and you have agreed in a written contract or written agreement to provide t��e���dditional insured coverage on a primary and noncontributory basis, this policy shal`l ��j�ita dry and we will not seek contribution from the additional insured's policy for damaiizwc��7Ver. 02013 Liberty Mutual Insurance CC``44 CG 88 10 04 13 Includes copyrighted material of Insurance services Office, Inc., with its perm pv�S Page 5 of 8 b. The following is added to Paragraph b. Excess Insurance: When a written contract or written agreement, other than a premises lease, facilities rental contract or agreement, an equipment rental or lease contract or agreement, or permit issued by a state or political subdivision between you and an additional insured does not require this insurance to be primary or primary and non-contributory, this insurance is excess over any other insurance for which the additional insured is designated as a Named Insured. Regardless of the written agreement between you and an additional insured, this insurance is excess over any other insurance whether primary, excess, contingent or on any other basis for which the additional insured has been added as an additional insured on other policies. ADDITIONAL INSUREDS - EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE" This provision applies to any person or organization who qualifies as an additional insured under any form or endorsement under this policy. 1. The following is added to Condition 2. Duties In The Event Of Occurrence, Offense, Claim or Suit: An additional insured under this endorsement vvill as soon as practicable: a. Give written notice of an 'occurrence" or an offense that may result in a claim or "suit' under this insurance to us; b. Tender the defense and indemnity of any claim or "suit" to all insurers whom also have insurance available to the additional insured; and C. Agree to make available any other insurance which the additional insured has for a loss we cover under this Coverage Part. d. We have no duty to defend or indemnify an additional insured under this endorsement until we receive written notice of a "suit" by the additional insured. 2. The limits of insurance applicable to the additional insured are those specified in a written contract or written agreement or the limits of insurance as stated in the Declarations of this policy and defined in Section III — Limits of Insurance of this policy, whichever are less. These limits are inclusive of and not in addition to the limits of insurance available under this policy. J. WHO IS AN INSURED - INCIDENTAL MEDICAL ERRORS / MALPRACTICE WHO IS AN INSURED - FELLOW EMPLOYEE EXTENSION - MANAGEMENT EMPLOYEES Paragraph 2.a.(1) of Section II - Who Is An Insured is replaced with the following: (1) 'Bodily injury" or "personal and advertising injury": (a) To you, to your partners or members (if you are a partnership or joint venture), to your members (if you are a limited liability company), to a co -"employee" while in the course of his or her employment or performing duties related to the conduct of your business, or to your other "volunteer workers" while performing duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of that co -"employee" or "volunteer worker" as a consequence of Paragraph (1) (a) above; (c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs (1) (a) or (b) above; or (d) Arising out of his or her providing or failing to provide professional health care services. However, if you are not in the business of providing professional health care services or providing professional health care personnel to others, or if coverage for pr v(�t�{��ppg professional health care services is not otherwise excluded by separate endorsementtS Sion (Paragraph (d)) does not apply.�,Vye Cry 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services nc., w�"�1�\i%r�y ta�N�\ Page 6 of 8 Paragraphs (a) and (b) above do not apply to "bodily injury" or "personal and advertising injury" caused by an "employee" who is acting in a supervisory capacity for you. Supervisory capacity as used herein means the "employee's" job responsibilities assigned by you, includes the direct supervision of other "employees" of yours. However, none of these "employees" are insureds for "bodily injury" or "personal and advertising injury" arising out of their willful conduct, which is defined as the purposeful or willful intent to cause "bodily injury" or "personal and advertising injury", or caused in whole or in part by their intoxication by liquor or controlled substances. The coverage provided by provision J. is excess over any other valid and collectable insurance available to your "employee". K. NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES Paragraph 3. of Section II - Who Is An Insured is replaced by the following: 3. Any organization you newly acquire or form and over which you maintain ownership or majority interest, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded only until the expiration of the policy period in which the entity was acquired or formed by you, b. Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and C. Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. d. Records and descriptions of operations must be maintained by the first Named Insured. No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations or qualifies as an insured under this provision. L. FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES Under Section IV — Commercial General Liability Conditions, the following is added to Condition 6. Representations: Your failure to disclose all hazards or prior "occurrences" existing as of the inception date of the policy shall not prejudice the coverage afforded by this policy provided such failure to disclose all hazards or prior "occurrences" is not intentional. M. KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT Under Section IV — Commercial General Liability Conditions, the following is added to Condition 2. Duties In The Event of Occurrence, Offense, Claim Or Suit: Knowledge of an "occurrence", offense, claim or "suit" by an agent, servant or "employee" of any insured shall not in itself constitute knowledge of the insured unless an insured listed under Paragraph 1. of Section II — Who Is An Insured or a person who has been designated by them to receive reports of "occurrences", offenses, claims or "suits" shall have received such notice from the agent, servant or "employee". N. LIBERALIZATION CLAUSE If we revise this Commercial General Liability Extension Endorsement to provide more coverage without additional premium charge, your policy will automatically provide the coverage as of the day the revision is effective in your state. 6'01' O. BODILY INJURY REDEFINED Under Section V — Definitions, Definition 3. is replaced by the following: 3. "Bodily Injury" means physical injury, sickness or disease sustained by a p C416cl s c mental anguish, mental injury, shock, fright or death that results from such O� r disease- © 2013 Liberty Mutual Insurance 9YQ-1` CG 88 10 04 13 Includes copyrighted material of Insurance services Office, Inc., with its permission. Page 7 of 8 EXTENDED PROPERTY DAMAGE Exclusion a. of COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY is replaced by the following: 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. Q. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US — WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU Under Section IV — Commercial General Liability Conditions, the following is added to Condition 8. Transfer Of Rights Of Recovery Against Others To Us: We waive any right of recovery we may have against a person or organization because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products -completed operations hazard" provided: 1. You and that person or organization have agreed in writing in a contract or agreement that you waive such rights against that person or organization; and 2. The injury or damage occurs subsequent to the execution of the written contract or written agreement. c� Guev as © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 8 of 8 CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDNYYY) 4/2/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE, DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER, IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such enclorsement(s). PRODUCER Arthur J. Gallagher & Co. Insurance Brokers of CA. LIC #0726293 21011 Warner Center Lane Woodland Hills CA 91367 INSURED Downey Vendors "I Up - 6814 Suva Street Bell Gardens CA 90201 Erika Sokolik All 8 ' 18-53 ' 4- ' 3558 Erika Sokol ika.aia.com West American Insurance Corn American Fire and Casualtv Cc COVERAGES CERTIFICATE NUMBER: 1636867327 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 jADDL'SUSR POLICY I E I IF I EXP ,ObLIIIY LTR I I VrE OF INSURANCE INSD WVD POLICY NUMBER IMMIDDN Y oYYYI LIMITS A X COMMERCIAL GENERAL LIABILITY Y BKW56585014 1411/2017 4/1/2018 1 EACH OCCURRENCE $1,000,000 I CLAIMS -MADE X OCCUR DAMAGE TO RENTED PREMISES .-CE@..occurrence} _._..$100,000 MED EXP (Any one person) $10,000 . . . . . .... . ............. ... . ... ..... .. ........... ........ . . ............. . ........ .... PERSONAL & ADV INJURY $1,000,000 . ......... ... ... ... .. GEN'L AGGREGATE LIMIT APPLIES PER: i GENERAL AGGREGATE $2,000,000 � RO- I JECT X POLICY LOC RODUCTS-COMPIOPAGG $2,000000P.. . ........................ .. . OTHER A AUTOMOBILE LIABILITY BAW56585014 4/1/2017 411/2018 COMBINED IN LE LIMIT (Ea ,accident) 1 1 1 1 1 '0010,0010, . ................... ANY AUTO 80DILY INJURY (Per person) $ OWNE SCHEDULED AUTOS 0ONLY AUTOS BODILY INJURY (Per accident) $ HIRED X NON -OWNED X PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY (Per accidi I Uninsd moto Corn $1,000,000 B X UMBRELLA LIAR X OCCUR USA565850 14 4111 411/2018 EACH OCCURRENCE $10 00 0 00 0 LIAB CLAIMS-MADEi 90 " . . . ...... .... . .. . .. .. $10,000,000 __J_EXCESS , N _DED _7­RETENT_______ - I i 'AGGREGATE �$ - ,, f, c WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN� PER STATUTE ER ANY PROPRIETOR/PARTNERIEXECUTIVE E.L. EACH ACCIDENT $ [--] OFFICER/MEMBER EXCLUDED? iNIA (11 tM andatoTy in NH) EL DISEASE - FA FMPLOYFF, $ If yes, describe under DESCRIPTION OF OPERATIONS below E1 DISEASE -POLICY LIMIT $ Hired Auto PD SAW56585014 411/2017 4/1/2016 Comic & Coll Ded $50,000 Hired Auto PD $1,000 DESCRIPTION OF OPERATIONS i LOCATIONS I VEHICLES JACORD 101, Additional Remarks Schedule, may be attached It more space is required) Re: Operations of the Named Insured for the Certificate Holder. City of Santa Ana, Santa Ana City Hatt, Santa Ana Police Dept,, Santa Ana City and Santa Ana City Yard and Santa Ana Library of Santa Ana its officers, employees agents, volunteers and representatives are named Additional Insureds with Primary Wording per attached form CG 8810 0413. CERTIFICATE HOLDER SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Santa Ana THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 20 Civic Center, Btb^­Ffoor ACCORDANCE WITH THE POLICY PROVISIONS. Santa Ana CA 92702 AUTHORIZED REPRESENTATIVE 1988-2015 ACORD CORPORATION, All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD COMMERCIAL GENERAL LIABILITY CO 88 10 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL GENERAL LIABILITY EXTENSION This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART r ........................ OBJECT NON -OWNED AIRCRAFT NON -OWNED WATERCRAFT PROPERTY DAMAGE LIABILITY • ELEVATORS PAUE 2 2 2 EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) 2 MEDICAL PAYMENTS EXTENSION 3 EXTENSION OF SUPPLEMENTARY PAYMENTS - COVERAGES A AND 8 3 ADDITIONAL INSURED$ -BY CONTRACT, AGREEMENT OR PERMIT 3 PRIMARY AND NON-CONTRIBUTORY.. ADDITIONAL INSURED EXTENSION 5 ADDITIONAL INSURED$ - EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE" 6 WHO IS AN INSURE} - INCIDENTAL MEDICAL ERRORSIMALPRACTICE AND WHO IS AN INSURED -FELLOW EMPLOYEE EXTENSION -MANAGEMENT EMPLOYEES 6 NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES T FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES 7 A KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT y�.j�' (� 7 LIBERALIZATION CLAUSE (u ��� 7 BODILY INJURY REDEFINED � � 7 EXTENDED PROPERTY DAMAGE �� 8 WAIVER OF TRANSFER OF NIGHTS OF RECOVERY AGAINST OTHERS TO CIS - 8 WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU O 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc,, with its permission. Page 1 of 8 With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified by the endorsement. A. NON -OWNED AIRCRAFT Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily injury And Property Damage Liability, exclusion g. Aircraft, Autos Or Watercraft does not apply to an aircraft provided: 1. It is not owned by any Insured; 2. It is hired, chartered or loaned with a trained paid crew; 3. The pilot in command holds a currently effective certificate, issued by the duly constituted authority of the United States of America or Canada, designating her or him a commercial or airline pilot; and 4. It is not being used to carry persons or property for a charge. However, the Insurance afforded by this provision does not apply if there is available to the insured other valid and collectible insurance, whether primary, excess (other than insurance written to apply specifically SEE in excess of this policy), contingent or on any other basis, that would also apply to the loss covered under this provision. B. NON -OWNED WATERCRAFT Under Paragraph 2. Exclusions of Section I -Coverage A -Bodily injury And Property Dunnage Liability, Subparagraph (2) of exclusion g. Aircraft, Auto Or Watercraft is replaced by the following: This exclusion does not apply to: (2) A watercraft you do not own that is: (a.) Less than 52 feet long; and h (b) Not being used to carry persons or property for a charge. V. PROPERTY DAMAGE LIABILITY -ELEVATORS. 4 RS. 1. Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury And property Damage Liabil- ity, Subparagraphs (3), (4) and (6) of exclusion J. Damage To Property do not apply if such "property damage" results from the use of elevators, For the purpose of this provision, elevators do not include vehicle lifts. Vehicle lifts are lifts or hoists used in automobile service or repair operations. 2. The following is added to Section IV - Commercial General Liability Conditions, Condition 4. Other Insurance, Paragraph b. Excess Insurance, The insurance afforded by this provision of this endorsement is excess over any property insurance, whether primary, excess, contingent or on any other basis. D. EXTENDED DAMAGE TO PROPERTY RENTER TO YOU (Tenant's Property Damage) If Damage To Premises rented To You is not otherwise excluded from this Coverage Dart: 1. Under Paragraph 2. Exclusions of Sections I - Coverage A - Bodily Injury and Property Damage. Liability: a. The fourth from the last paragraph of exclusion J. Damage To Property is replaced by the follow- ing: Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire, lightning, explosion, smoke, or leakage from an automatic fire protectT, system) to: (i) Premises rented to you for a period of 7 or fewer consecutive days; `O (ii) Contents that you rent or lease as part of a premises rental or l agr rg en r a period of more than 7 days. �, �'C") Paragraphs (1), (3) and (4) of this exclusion do not apply to "propey'contents ofpremises rented to you for a period of 7 or fewer consecutive days. %_ t1A A separate limit of insurance applies to this coverage asdeeV, ction III - Limits of Insurance, F 1 4 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its p+ennission. Page 2 of a b., The last paragraph of subsection 2. Exclusions is replaced by the following'. Exclusions c. through n. do not apply to damage by fire, lightning, explosion, smoke or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of 'insurance applies to Damage To Premises Rented To You as described in Section III - Limits Of insurance. 2. Paragraph 6. under 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 Linder Coverage A for damages because of "property damage" to: a. Any one premise: (1) While rented to you; or (2) While rented to you or temporarily occupied by you with permission of the owner for damage by fire, lightning, explosion, smoke or leakage from automatic protection sys- tems; or lb. Contents that you rent or lease as part of a promises rental or lease agreement. 3. As regards coverage provided by this provision D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) - Paragraph 9.a. of Definitions is replaced with the following: 9.a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indernnifies any person or organization for damage by fire, lightning, explosion, smoke, or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with the permission of the owner, or for damage to contents of such premises that are included in your premises rental or lease agreement, is not an "insured contract". E. MEDICAL PAYMENTS EXTENSION If Coverage C Medical Payments is not otherwise excluded, the Medical Payments provided by this policy are amended as follows: Under Paragraph 1. Insuring Agreement of Section I - Coverage C - Medical Payments, Subparagraph (b) of Paragraph a. is replaced by the following: (b) The expenses are incurred and reported within three years of the date of the accident; and F. EXTENSION OF SUPPLEMENTARY PAYMENTS -COVERAGES A AND B 1. Under Supplementary Payments - Coverages A and B, Paragraph 11.1b. is 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. 2. Paragraph 1.d. is replaced by the following: 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 actual loss of earnings up to $500 a day because of time off from work. G. ADDITIONAL INSUREDS -BY CONTRACT, AGREEMENT OR PERMIT , Y1. Paragraph 2. under Section 11 - Who Is An Insured is amended to include as an insured any person or ' organization whom you have agreed to add as an additional insured in a written -contract, written agreement or permit. Such person or organization is an additional insured but with with res t to U, liability for ""bodily injury", "property damage" or "personal and advertising y" cause whole 1 1 or in part by: a. Your acts or omissions, or the acts or omissions of those acting on 'our beh6_14,111 e ance of your on going operations for the additional insured that are the subject of ontract or written agreement provided that the "bodily injury" or "property dam or the "'per- sonal and advertising injury" is committed, subsequent to the signin o c tten contract or written agreement; or 0 0 201131-iberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 3 of 8 b. Premises or facilities rented by you or used by you; or c. The maintenance, operation or use by you of equipment rented or leased to you by such person or organization; or d. Operations performed by you or on your behalf for which the state or political subdivision has issued a permit subject to the following additional provisions; (1) This insurance does not apply to "bodily Injury", "property damage", or "personal and add vertiaing injury" arising out of the operations performed for the state or political subdivision; (2) This insurance does not apply to "bodily injury" or "property damage" included within the "completed operations hazard". (3) Insurance applies to premises you own, rent, or control but only with respect to the following hazards: (a) The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners, or decorations and similar expo- sures; or (b) The construction, erection, or removal of elevators; or (c) The ownership, maintenance, or use of any elevators covered by this insurance. However: ----------- 1. The Insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional Insured is required by a contract or agreement, the insur- ance afforded to such additional insured will not be broader than that which you are required by N the contract or agreement to provide for such additional insured. With respect to Paragraph 1.a. above, a person's or organization's status as an additional insured under this endorsement ends when: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its Intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. With respect to Paragraph 1.b. above, a person's or organization's status as an additional insured under this endorsement ends when their written contract or written agreement with you for such premises or facilities ends. With respects to Paragraph 1.c, above, this insurance does not apply to any „occurrence" which takes place after the equipment rental or lease agreement has expired or you have returned such equipment to the lessor. The insurance provided by this endorsement applies only If the written contract or written agreement Is signed prior to the "bodily injury" or "property damage". We have no duty to defend an additional insured under this endorsement until we receive written notice of a "suit" by the additional Insured as required In Paragraph b. of Condition 2�. Duties In the Event Of Occurrence, Offense, Claims Or Suit under Section IV - Commercial Genert°Q7Llity wort ti ons. 1-7 0 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc.., with its permission. Page 4 of 8 2. With respect to the insurance provided by this endorsement, the following are added to Paragraph 2. Exclusions under Section I - Coverage A - Bodily Injury And Property Damage Liability: This insurance does not apply to: a. "Bodily injury" or "property damage" arising from the sole negligence of'the additional insured. b. "Bodily injury" or "property damage" that occurs prior to you commencing operations at the location where such "bodily injury" or "property damage" occurs. c. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the render- ing of, or the failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occur- rence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of, or the failure to render, any professional architectural, engineering or surveying services. d. "Bodily injury" or "property damage" occurring after: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. e. Any person or organization specifically designated as an additional insured for ongoing operations by a separate ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS endorsement is- sued by us and made a part of this policy. 3. With respect to the insurance afforded to these additional insureds, the following is added to Section III -Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: a. Required by the contract or agreement; or b. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declaratio ns. H. PRIMARY AND NON-CONTRIBUTORY ADDITIONAL INSURED EXTENSION This provision applies to any person or organization who qualifies as an additional insured under any form or endorsement under this policy. Condition 4. Other Insurance of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS is amend- ed as follows: a. The following is added to Paragraph a. Primary Insurance: d1J If an additional insured's policy has an Other insurance provision makinna",opolicy ex s, and you have agreed in a written contract or written agreement to provide the Z)b all, -Ayr rage on, a L primary and noncontributory basis, this policy shall be primary and we ill tlot�5 r! from the additional insured's policy for damages we cover., Q 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc,, with its permission. Page 5 of 8 b. The following is added to Paragraph b. Excess Insurance: When a written contract or written agreement, other than a premises lease, facilities rental contract or agreement, an equipment rental or lease contract or agreement, or permit issued by a state or political subdivision between you and an additional insured dues not require this insurance to be primary or primary and non-contributory, this insurance is excess over any other insurance for which the addi- tional Insured is designated as a Named Insured. Regardless of the written agreement between you and an additional Insured, this Insurance Is excess over any other insurance whether primary, excess, contingent or on any other basis for which the additional Insured has been added as an additional Insured on other policies. 1. ADDITIONAL INSUREDS -EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE" This provision applies to any person or organization who qualifies as an additional insured under any form MM= or endorsement under this policy. 1. The following is added to Condition 2. Duties In The Event Of Occurrence, Offense, Claim or Suit: An additional insured under this endorsement will as soon as practicable: a. Give written notice of an "occurrence" or an offense that may result in a claim or "suit" under this insurance to us; O b. Tender the defense and Indemnity of any claim or "suit" to all insurers whom also have insurance available to the additional insured; and c. Agree to make available any other insurance which the additional insured has for a loss we cover under this Coverage fart. d. We have no duty to defend or indemnify an additional insured under this endorsement until N we receive written notice of a"suit" by the additional Insured. 2. The limits of insurance applicable to the additional insured are those specified in a written contract or written agreement or the limits of Insurance as stated in the Declarations of this policy and defined in Section III - Limits of Insurance of this policy, whichever are less. These limits are inclusive of and not in addition to the limits of insurance available under this policy. J. WHO IS AN INSURED -INCIDENTAL MEDICAL ERRORS f MALPRAC'TICE WHO IS AN INSURED - FELLOW EMPLOYEE EXTENSION - MANAGEMENT EMPLOYEES Paragraph 2.a.(1) of Section 1.1 -Witco Is An Insured Is replaced with the following: (1) "Bodily Injury" or "personal and advertising injury": (a) To you, to your partners or members (if you are a partnership or joint venture), to your members (if you are a limited liability company), to a co-"ernpioyee" while in the course of his or her employ- ment or performing duties related to the conduct of your business, or to your other "volunteer workers" while performing duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of that co -"employee" or "volunteer worker" as a consequence of Paragraph (1) (a) above; �a (c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs (1) (a) or (b) above; or (d) Arising out of his or her providing or failing to provide professional health care services. However, If you are not in the business of providing professional health care services or providing profes- sional health care personnel to others, or if coverage for providing professional h plth care ser- vices is not otherwise excluded by separate endorsement, this provision (Parag& (d)) doe vt apply. Paragraphs (a) and (b) above do not apply to "bodily injury" or "personal and a !sing ed by an "employee" who is acting in a supervisory capacity for you. Supervisory ca city as U. min ens the "employee's" job responsibilities assigned by you, includes the direct supervision t�ploy- ees" of yours. However, none of these "employees" are Insureds for "bodily inj ;e.1b�,"�onal and 0 2013 Liberty Mutual Insurance �P' It CG 88 10 04 13 Includes copyrighted material of Insurance Services office, Inc„ with its permission. Page 6 of 8 n advertising injury" arising out of their willful conduct, which is defined as the purposeful or willful intent to cause "bodily injury" or "personal and advertising injury", or caused in whole or in part by their intoxica- tion by liquor or controlled substances. The coverage provided by provision J. is excess over any other valid and collectable insurance available to your "employee". K. NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES Paragraph 3. of Section It - Who Is An Insured is replaced by the following: 3. Any organization you newly acquire or form and over which you maintain ownership or majority interest, will qualify as a Named Insured if there is no other similar, insurance available to that organization. However! a, Coverage under this provision is afforded only until the expiration of the policy period in which the entity was acquired or formed by you; b. Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and c. Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. d. Records and descriptions of operations must be maintained by the first Named Insured. No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations or qualifies as an insured under this provision. L. FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES Under Section IV - Commercial General Liability Conditions, the following is added to Condition 6. Repre- sentations: Your failure to disclose all hazards or prior "occurrences" existing as of the inception date of the policy shall not prejudice the coverage afforded by this policy provided such failure to disclose all hazards or prior "occurrences" Is not intentional. M. KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT Under Section IV -Commercial General Liability Conditions, the following is added to Condition 2.Duties In The Event of Occurrence, Offense, Claim Or Suit: Knowledge of an "occurrence", offense, claim or "suit" by an agent, servant or "employee" of any insured shall not in itself constitute knowledge of the insured unless an insured listed under Paragraph 1. of Section 11 - Who Is An Insured or a person who has been designated by them to receive reports of "occurrences", offenses, claims or "suits" shall have received such notice from the agent, servant or ""employee". N. LIBERALIZATION CLAUSE If we revise this Commercial General Liability Extension Endorsement to provide more coverage without additional premium charge, your policy will automatically provide the coverage as of the day the revision is effective in your state. O. BODILY INJURY REDEFINED Under Section V - Definitions, Definition 3. is replaced by the following: 3. "Bodily Injury" means physical injury, sickness or disease sustained by a p n. This incl es mental anguish, mental injury, shock, fright or death that results from suc sical inju sick- ness or disease. _Z� Ne CON C) 2013 Liberty Mutual Insurance e CG 88 10 44 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 7 of 8 9 P. EXTENDED PROPERTY DAMAGE Exclusion a. of 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. 0. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US - WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU Under Section IV - Commercial General Liability Conditions, the following is added to Condition 8. Trans- fer Of Rights Of Recovery Against Others To Us: We waive any right of recovery we may have against a person or organization because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "'products -completed operations hazard" provided: 1. You and that person or organization have agreed in writing in a contract or agreement that you Z waive such rights against that person or organization; and 2. The injury or damage occurs Subsequent to the execution of the written contract or written agree- ment. ID 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 8 of 8 a DATE (M IDD/YYYY) AC"RV CERTIFICATE OF LIABILITY INSURANCE 7124/2017 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. 11IP _O_RTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL. INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on thiis certificate does not confer rights to the certificate holder in lieu of such endorsement(s . PRODUCER NA_[CONTAGI ME: Erika Sokolik Arthur T Gallagher & Co, JAIL, H. ... ........... . . .. . FAX Insurance Brokers of CA Inc,LIC #0726293 JAIC, No, Ext): 8181- 5 314 - 3 5 5 8 (AIF, No): 818,316-0990 21820 Burbank Blvd. Suite 175 ADDRESS - Erika Sokolik0ajg,corn Woodland Hills CA 91367 UYSURER(S) AFFORDING COVERAGE NAIC # INSURER A: Insurance Company-of,the West.. 27847 INSURED INSURER B.- Downey Vendors INSURER C . . .. .... . ..... . ........ .. 6814 Suva Street Bell Gardens, CA 90201 INSURER DI INSURER E INSURER F COVERAGES CERTIFICATE NUMBER- 1359967359 REVISION NUMBER: 11-IIS IS TO CERTIFY THAT THE _F151 _IC_1ESOF —INS—U—RANCE LISTED BELOW I LAVE BEEN ISSUED 10 THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDIN(, ANY REQUIREMENT, "TERM OR CONDITI(,-)N OF ANY CONTRACT OR OTHER DOCUMEN IF WiTI-I RESPECT TO WHICH THIS CER1IFICAFE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCFZIBFD HEREIN IS SUBJFC"1 TO ALL THE TERMS, EXCLUSUNS AND CONDI11ONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAO CLAIMS. iNSR ADEL SUBRPOLICYEFF 1 P0uCYEXP LTR TYPE OF INSURANCE MMIDDI f INSO MVD I _POLICY NUMBER LIMI[TS COMMERCIAL GENERAL LIABILITY F.ACIi OCCURRENCE I DTO R AMAGE _D E`NTF CLAIMS -MADE OCCUR PREMISES (Ea ccqur,re_(rc,e) $ ME FXP (Any one person) $ PERSONAL & ADV INJUR'v GEN'I_ At LIMIT APPLIES PI.-.R, GENERAL AGGREGATE POLICY LOC PRODUCIS -COMP;OPAGG AUTOMOBILE LIABILITY ANY AUTO r3Gr79p.Y INJURY (Per he song � 9 OWNED SCHEDULED AUTOS ONLY AUTO U TOS POINLY INJURY (Per =jderit) HIRED NON -OWNED PROPLATY DAMAGL J1OS ONLY AUTOS ONLY $ accidwit) UMBRELLA LIABI iOCCUR E,ACH OCCURRENCE j EXCESS LIAB CLAIMS MhDF AGGREGATE DE� L _iRLH NTION $ $ T­­ 172612011 R A !WORKERS COMPENSATION WVE503733300 7/26�2018 X ! ST 1"WE ER AND EMPLOYERS' LIABILITY YINJ A ANY PROPRIETOMPARTNEMEXECUTWE OFFICER/MEMBI-P FXCLUDED7 NIA rA EACI-I ACCIDENT S1,000,000 '(Mandatory in NH) FILr DISEASE. - EA EMPLOYEE $1,000,000 . ... ...... .. ..... .. ... ...... I It yes, de�crlbe under T) 9CMPTION OF OPERATIONS belt E L. DISEASE - POLICY LIMIT $1,000,000 ne DESCRIPTION OF OPERATIONS I LOCATION$ IVEHICLES (ACORD 101, Additionaf Rernavits Schadule, rnay be attached if rnora spai; ? Evidence of insurance only. 1A M\a \�Ol �Qcls CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Santa Aria THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 20 00c Center 8th Floor ACCORDANCE WITH THE POLICY PROVISIONS. Santa Ana CA 92702 AUTHORIZED REPRESENTATIVE cc) 1988-2015 ACORD CORPORATION, All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD