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HomeMy WebLinkAboutAPPLIED TECHNOLOGY GROUP INC.L City of Santa Ana Clerk of the Council AGREEMENT TERMINATION FORM Please complete this form in its entirety when the attached agreement andy�rlb amendments (if any) are no longer in effect. Note: If your agreement is grant related, please ensure that all grant retention requirements+T have been satisfied prior to signing the termination form. r" Is the agreement(s) a permanent record? Yes No Return form to the Clerk of the Council Office (M-30). Call 647-1520 if you have any questions. The agreement with kfPL. % go -(6-(a" Irj C.. COTC Office Use Only No. (J • 2,01%, 01-`t was completed on ty I I S and final payment has been made. (List all amendments. Use space below N needed.) Department: IOW* Phone/Ext.: 5;61el Signature: 1 o Date: Revised: 10-18-16 INZURANCE ON FILE WORK MAY PROCEED UNTIL INSURANCE EXPIRES"; N-2018-024 (3 ..2,Q -I b OFLERK OF COUNCIL 14� (3: PW/,(4 AGREEMENT WITH APPLIED TECHNOLOGY GROUP, INC. a4 TO PROVIDE PROFESSIONAL WIRELESS SERVICES THIS AGREEMENT is made and entered into this 28th day of December, 2017 by and between Applied Technology Group, Inc., a California corporation, ("Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing trader the Constitution and laws of the State of California ("City"). RECITALS A. The City desires to retain a Contractor having special skill and knowledge in the field of the design, installation, and maintenance of digital and analog two-way radio, industrial SCADA, licensed microwave and Wi-Fi systems. B. Contractor represents that it is able and willing to provide such services to the City. C. inundertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor trader this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Contractor shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in the Scope of Services identified as Exhibit A, attached hereto and incorporated by reference. 2. COMPENSATION a. City agrees to pay, and Contractor agrees to accept as total payment for its services for City, the rates and charges identified in Exhibit B. The total amount to be expended for this Agreement shall not exceed $25,000, b. Payment by City shall be rade within 45 days (forty-five) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on January 1, 2018 and continue until December 31, 2018, unless terminated earlier in accordance with Section 16, below. 4. PREVAILING WAGES Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq, ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the services being performed are part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 5. INDEPENDENT CONTRACTOR Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Contractor under this Agreement ("Documents & Data"). Contractor shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data which were provided to Contractor by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. INSURANCE Prior to undertaking performance of work under this Agreement, Contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below; a. Commercial General Liability Insurance. Contractor shall maintain commercial general liability insurance naming the City, its officers, employees, agents, Page 2 of 10 volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Contractor's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, with $2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self-insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. 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 3700 of the Labor Code, Contractor, if Contractor has any employees, is required to be insured against liability for worker's compensation or to undertake self- insurance. Prior to commencing the performance of the work under this Agreement, Contractor agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Contractor is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim with $2,000,000 in the aggregate. e. The following requirements apply to the insurance to be provided by Contractor pursuant to this section: i. Contractor shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. ii. Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved by the City. 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. iv. Contractor shall supply City with a fully executed additional insured endorsement. If Contractor fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith tenninate this Agreement. Such termination shall not affect Contractor's right to be paid for its time and materials expended prior to notification of termination. Contractor waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. Page 3 of 10 8. INDEMNIFICATION Contractor agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Contractor, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Contractor further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Contractor's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor. 9. INTELLECTUAL PROPERTY INDEMNIFICATION Contractor shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Contractor to the City pursuant to this Agreement. 10. RECORDS Contractor shall keep records and invoices in connection with the work to be performed under this Agreement, Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor under this Agreement. All such records and invoices shall be clearly identifiable. Contractor shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Contractor under this Agreement. Page 4 of 10 11. CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City. 12. CONFLICT OF INTEREST CLAUSE Contractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 13. DISCRIMINATION Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail, This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. Page 5 of 10 15. ASSIGNMENT hiasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Contractors retained by City. 16. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of tennination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Contractor to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City miless prohibited by law, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 17. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 18. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 19. PROFESSIONAL LICENSES Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and Page 6 of 10 in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 20. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. 21. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax: 714- 647-6956 With courtesy copies to: Executive Director, Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, California 92702 Fax: 714-647-5635 To Contractor: Applied Technology Group, Inc. Attn: Lori B. Barnes 4440 Easton Drive Bakersfield, CA 93309 Sonia R. Carvalho City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 Fax: 714- 647-6515 Page 7 of 10 N-2018-024 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded, IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: �k " - Wr!r!pt�ot' i, Maria D. Huizar Clerk of the Council o. APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By:�u„�- JohnN . tmk AsCity Attorney RECOMMENDED FOR APPROVAL: r�w 01� r FRED MOUSAVIPOUR Executive Director Public Works Agency CITY OF SANTA ANA Raul Oodinez City Manager APPLIED TECHNOLOGY GROUP, INC.: a r Z�ihR.fJ.". ori B. Barnes President Page 8 of 10 EXHIBIT A SCOPE OF SERVICES Page 9 of 10 Exhibit A ED City of Santa Ana _ Professional Wireless Services TECHNOLOGY *APPL' MIOATION0Ne • B9Reufo�q CA 11. • W1J' b -06E4 PROFESSIONAL WIRELESS SERVICES SCOPE OF SERVICES AND CAPABILITIES City of Santa Ana Professional Wireless Services SCOPE OF SERVICES *APPLD TECHNOLOGY 'E CCMonro . Gahmalkl4 CA 9JW0 , BDHPRd9pJ Applied Technology Group, Inc. (ATG) is a full-service communications company specializing in the design, installation, and maintenance of digital and analog two-way radio, industrial SCADA, licensed microwave and Wi-F! systems. ATG is an authorized reseller and service center for many industry leading corporations including, but not limited to, GEMDS, Moseley, Harris, Redline, DragonWave, Phoenix Contact, Cisco, Kenwood, Tait and Hytera. We have partnered with many integrators and engineering firms over the last 30 years. Our primary focus is Radio Frequency (RF) applications. As a professional wireless service provider, ATG can provide the City of Santa Ana with: • Telephone and email technical support for existing SCADA systems. • On-site troubleshooting, repair and/or replacement of existing components. • Professional Certified Tower Climbers • Provide rental equipment if needed while components are out for repair. • Replacement parts in kit form that can be deployed by the City during an outage. • Perform RF site surveys for future/undeveloped sites with recommendations. • Design and deploy SCADA sites and complete systems as needed. • Assist with FCC licensing for Microwave and SCADA if needed. • Perform annual preventive maintenance visits to SCADA sites including a visit report with recommendations upon request. • Support the City with SCADA, Licensed and unlicensed microwave, two-way, video, and other applications requiring wireless connectivity. In addition to the above requested services, Applied Technology Group, Inc. can provide the City with wireless solutions to the many challenges that face a growing city. City of Santa Ana Professional Wireless Services MISSION STATEMENT APPLIED TECHNO OL GY SAECIAU2EC CCMAIUNICATICNS SENVICfiS su¢ xevian om.. eexm.mw, ca omav . wwna¢m Applied Technology Group, Inc., is a full service Specialized Communications Company involved in communication and data solutions for a wide variety of applications. We are committed to providing quality data and wireless services, dependable equipment and competitive pricing. Our highest priority is to continue providing consumers with excellence in customer service. Lori B. Barnes, President/CEO Ruth M. Gillam, CFO Scott K. Gillam, VP Engineering WMBE #99150003 Low Voltage Contractor #891598 City of Santa Ana Professional Wireless Services ','hone and Service Summary Technical Telephone Support: Normal Business Hours — 8AM to 5PM — Monday— Friday Priority: Chuck Hoyt - Systems Specialist Gene Hanson — Shop Operations Manager Scott Gillam —V.P. Engineering Jeff Gillam — Field Services Barry Keniston — Senior Technician Rudy Romero — Service Technician After Hours, Weekends and Holidays: #APPLIED TECHNOLOGY S.PEG'1AL1iEC 6AMMUNICATIONS SEftViCES �..siona.we . eavenreia cn u�ma . 10. A Technical Support Mailbox will be available for calls after normal business hours. A message left in the mailbox will notify ATG technicians and prompt a call back. A voicemail left after hours will prompt a response within 2 hours of being received. On -Site Support: If existing issues cannot be resolved by phone or remote support, a Service Technician may need to travel to the jobsite to determine needs and repair. If such services are needed, an ATG Technician will be on-site within 24 hours of an approved request for service. EXHIBIT B COMPENSATION Fee Proposal including hourly rates if applicable Page 10 of 10 City of Santa Ana Professional Wireless Services Summary Of Cost Exhibit B APPLIED TECHNOLOGY SPECIALIZED COMMUNICATIONS SERVICES 4 0ENl NNO • 04eWlom, CA 2. . 014nd 0 The below rates are used to calculate service calls on-site All rates are calculated per person except for mileage, which is calculated per vehicle. Travel Time $ 65.00 / hr Mileage and Truck Charge $0.99 / mile Meals $50-00 / day Lodging $175.00 / night`s Field Labor $125.00 / hr Overtime Rates $187.50 / hr Prevailing Wage $150.00 / hr Prevailing Wage Overtime $225.00 / hr DIR Fee $200.00 (Dept. of Industrial Relations document fee per invoice) In -House Labor $95.00 / hr Holiday and Weekends $250.00 / hr Tower Climbing $195.00 / hr `y •rr • • • APPLI.2 OF ID: KC AMe'W CERTIFICATE OF LIABILITY INSURANCE 001103/201 8 01103!28 THIS CERTIFICATE IS ISSUED AS A RAATTER 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 CONTACT NAME: Stockdale Ins (Bakersfield) PHO 6$1 843-1546 Ata, No): SBI 327 3490 LICENSE #OC26131 KC No „EMI.;_ PO Box 10269 ENTAIL _.r --^ Bakersfield, CA 93389.0269 ADDRESS: Andy Naworski INSURERIS) AFFORDING COVERAGE NAIC N INSURERA: Federal Insurance Company 20281 INSURED Applied Technology Group Inc. INSURER B: Insurance Co. of The West 27847 4440 Easton Drive INSURER C;AGCS Marine Insurance Company' 22837 Bakersfield, CA 93309 INsuRERo:Scottsdale Insurance Company 41297 INSURER E : INSURER F: Ce)VPPAGFS CFRTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFYTHAT 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 SUB,iECT TO ALL THE TERMS, EXCLUSIONSAND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAYHAVE BEEN REDUCED BY PAID CLAIMS, City of Santa Ana its Officers ACCORDANCE WITH THE POLICY PROVISIONS. N TYPE OF INSURANCE POLICY EFF ILTR 0 POLICY NUMBER MMIDDIYYYY POLICY MMIDDIYYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A i( COMMERCIAL GENERAL LIABILITY Y 360252.22WCE 07/01/2017 07/01/201$ pREMISEs Ea occ FD nce $ 1,000,000 CLAIMS -MADE FK OCCUR MED ESP (Any one person) $ 10,000 'T Contractual PERSONAL S ADV INJURY $ 1,000,00 GENERAL AGGREGATE $ Z000,000 GEN'L AGGRCGATELIMIT APPLIESPER'. PRODUCTS-COMWOPAGG $ 2,000,00 1-1 POLICV X jRO, LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Eaacdden[ $ 1,000,000 A X ANY AUTO (17)7358-4639 07/01/2017 07/01/2018 BODILY INJURY (Per parson) $ ALL OWNED SCHEDULED BODILY INJURY (Per flocldent) $ AUTOS AUTOS _..... NON -OWNED PROPERTY C-.4NlAGn,: $ HIRED AUTOS AUTOS PER ACCIC�NP _ K UMBRELLA LIAB X OCCUR EACH OCCURRENCF $ 5,000,000 A EXCESS ILIAD CLAIMSMADE7989-48.22 07101/2017 0710112018 1 AGGREGATE $ 5,000,000 _ DED RETEN ION$ 1 FOLLOWING $ FORM WORKERS COMPENSATIONX WCSTATU. TH- TORY ANDEMPLOYERS'LIAS[UTY B ANY PRO IETOR1PAR'NER,A£IFCLMEYIN SA50361160 0312212017 0312272098 E.L. EACHaCeIGENr S 1,000,0 Oxindat ry In IN R EXCLUDER? N 7 A ybeird EL DISEASE - EA EMPLOYEE $ 110001000 Teesdee Il yea describe antler I')ESCRIPTION OF OPER AI'IONS below EL. DISEASEPOLICYLIMIT $ 1,000,000 C Equipment Floater SM L93032865 071011201770-T0112098 Towers 1,531,000 D Professional EKS3237775 11/191201/19/2018 Per Claim 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS t VEHICLES (Attach ACORD 101, Additional Ramada; Schedule, if more space is required) The City of Santa Ana, its officers, employees, agents, volunteers and representatives are named as additional insured as required by written contract per the attached blanket endorsements. This insurance is primary and non-contributory. r�7 CERTIFICATE HOLDER CANCELLATION 1Io t'1 I 19 r raqe Iili,f-,3 SANTAAN SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Santa Ana its Officers ACCORDANCE WITH THE POLICY PROVISIONS. Employees, Agents, Volunteers and Representatives 220 S Daisy Ave (M-85) AUTHORIZED REPRESENTATIVE Santa Ana CA 92703 ACORD 26 (2010/05) O 1988.2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD POLICY NUMBER: 3602-52-22 WCE Liability Endorsement (continued) Under Conditions, the following provision is added to the condition titled Other Insurance. Conditions Other Insurance — If you are obligated pursuant to a contract or agreement, to provide the person or organization Primary, Nanoonfribufory shown in the Schedule with primary insurance such as is afforded by this policy, then in such case Insurance Scheduled this insurance is primary and we will not seek contribution from insurance available to such person Person Or Organization or organization. Persons or organizations that you are obligated, pursuant to a contract or agreement, to provide with such insurance as is afforded by this policy. All other terms and conditions remaia unchanged. ..... ..... .. ...... Authorized Representepve go Authorized .. .. .. I.labll$y Insurance AddNonsi fnff�f�LdgfP rlEOrgantzatbn Est Page Form 8rY02- "(Rev. 5t7) Endoraemont papa 2 i��,>II Q, 1'sc�•� 3 oF3 -.1-01 u' 0a -v APPLI.2 OP ID: KC ACORO'DATE(MMIDDJYYYY) 1141 CERTIFICATE OF LIABILITY INSURANCE o4H112018 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 CONS71TUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDIT10NAL 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 LICENSE #OCtockdale Ins26131 Bakersfleld) PO BOX 10269 Bakersfield, CA 93389-0269 CONTACT NAME: acoa E :661343-1546 A1C No: 6613273490 EMAIL ADDRESS: GENERAL LIABILITY Andy Naworski INSURERS) AFFORDING COVERAGE MAIC r INSURER A: Federal lnsuranceCom pany 20281 INSURED Applied Technology Group Inc. INSURERS: Insurance Co. of The West 27847 4440 Easton Drive Bakersfield, CA 93309 INSURERC:AGCS Marine Insurance Company 22837 INSURER D:Scottsdale Insurance Company 41297 NSURER E : 602-52-22 VICE '1111111F: 071012018 COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTW ITHSTAN DING 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 MAYHAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE I POLICY NUMBER POLICY EFF MMIDD P LIC YEXP MM LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,060,00 COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OOCCUR Y 602-52-22 VICE 07/01/2017 071012018 MAS �N -DVAX PREMISESEa occurrence $ 1,000,00 MED EXP (Any one person) $ 10,00 PERSONAL &ADV INJURY $ 1,000,00 X Contractual GENERAL AGGREGATE $ 2,000,00 GENT AGGREGATE LIMIT APPLIES PER. PRODUCTS-COMP/OP AGG $ 2,000,00 17 POLICY X PRS LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,0 Ea accident $ BODILY INJURY (Per Derson) $ A 'X ANY AUTO 17)73584639 07/01/2017 07101/2019 ALL OWNED SCHEDULED AUTOS AUTOS NON -OWNED HIREDAUTOS AUTOS BODILY INJURY (Per accitlentl $ PROPERTY DAMAGE $ PER ACCIDENT X UMBRELLA LIAR X OCCUR EACH OCCURRENCE $ 5,000,00 AGGREGATE $ 5,000,00 A EXCESS LAB CLAIMS -MADE 798946-22 07/01/2017 07/01/2016 DED RETENTION$ FOLLOWING $ FOR B WORKERS COMPENSATON AND EMPLOYERS'LIABILITY ANY PROPRIETORPARTNEPoFAECUTIVE Y� Rd OFFICEREMBER EXCLUDED? (Mandatory in NH) NIA SA503611601 03/22/2016 03/22/2019 X WC STATU. OTH- T RY T E L. EACH ACCIDENT $ 1,000,00 EL. DISEASE - EA EMPLOYEE $ 1,000,000 If yes. describeunder DESCRIPTI ON OF OPERATIONS below E. L. DISEASEPOLICYLIMIT $ 1,000,000 C D Equipment Floater 'Professional SM L93032865 EKS3237775 07/0112017 11/19/2017 07/01/2018 11/19/2018 Towers 1,531,00 Per Claim 1,000,00 DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if mora space Is required) The City of Santa Ana, its officers, employees, agents, volunteers and representatives are named as additional insured as required written contractper the attached blanket endorsements. This insurancece a is primry , JJ anddnon-contributory. /' P4�2, i /-7 u SANTAAN City of Santa Ana its Officers Employees, Agents, Volunteers and Representatives 220 S Daisy Ave (M-85) 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 legQ OO 1988-2010 ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD Liability Insurance Endorsement Parley Period JULY 1, 2017 TO JULY 1, 2018 Effective tate JULY 1, 2017 PoNcyliumber 3602-52-22 WCE Insured APPLIED TECHNOLOGY GROUP INC. Nerve of Company FEDERAL INSURANCE COMPANY -vaszacrz�erz-u�c•�s^-acv.,^+:su�nas�.asam:xuacm�,:xtw encaaxrsevs�.wse=.zxa,•aefmrsennnxseee�=.: --- "' 9 This Endorsement applies to the following forms: GENE.RALUABIi= . ...e.e. c....••:�..,� ._,�..���� .�: •sr:arc-2,vh.._._....,e..a..,._..�..as..,..,...... Under Who Is An Insured the following provision is added Who Is An Insured Scheduled Person obilgatecipursuantfoacontrutoragree to provide thetawith such ftsontowss Is Mraw DY Or Organization LLdspolicy. However, the person or organization is an Insu"d only: • if and then only to the extent the person or organization is descrilbedin the Schedule: • to the extent such contractor 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 execationof 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 inssed order this provision: • that is more specifically ideaditedunder any other ptvisico 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 coahact or agneement Liability Woranca Additnal 1npWe276qLVP&M(Jrt7rga zabon aanfaod Foran W-02-2367 (Rev. 6-07) Eldorsanant Ova i /V -aD, 8 d aY POLICY NUMBER: 3602-52-22 WCE Liability Endorsement (continued) Under Conditions, the following provision is added to the condition titled Other Insurance. Conditions Other Insurance — If you are obligated, pursuant to a contractor agreement, to provide the person or organization Primary, Noncontributory shown in the Schedule with primary insurance such as is afforded by this policy, then in suck cuss Insurance — Scheduled this insurance is primary and we will not seek contribution from insurance available to such person Person Or OrganIzaffon or organization. cWf.S]F'd�34[?:!'�::AA.9L1;'A �3.+w+�-`p`p....�5E9A`ml�Y!"�aLl^^..'i^YY"v?i45F!tFl:ilti4R.R09V'4V�`S.MC-z:x"��.]x:.�Y£-.a:,nL;.nH4SitCY_Y_tYv=Y_.�-03Y.YSSCen3KExrieS.YYtv�"§•:!r\ Schedule Persons or organizations that you are obligated, pursuant to a coobact or agreomeot, to provide with such insurance as is afforded by this policy. Ali other terms and conditions remain unchanged .. Aulhodred Representative Gablly petaonee AdMaael kWW&MW P gr0p nizaWn 6stpepe Fam 8DM-2W7 Rev. "71 Endorsement pop a N- 201$ .Uly POLICY NUMBER: 3602-52-22 WCE Condigons (continued) Transfer Or Waiver Of We will waive the right of recovery we would otherwise have had against another person or Rights Of Recovery organization, for loss to which this insurance applies, provided the insured has waived their rights Against Others of recovery against such person or organization in a contract or agreement that is executed before such loss. To the extent that the insureds rights to recover all or part of any payment made under dris insurance have not been waived, those rights are transferred to us. The inured must do nothing after loss to impair them. At our request, the marred will bring suit or transfer those rights to us and help us enforce them. This condition does not apply to medical expenses. wam-?.�3e�S-"tS-3:`'ii3:^'.p813�-,�:u"y�-'�`J.-ups-"°°3s'Sr°n-z-"r: • . - - . �'.2?3 ...._?x4 2t�.z.. N.n- ,./CF � .. Ir x.r�,.�� te.f 4he xu;--_+du'S 1•-.-.n4 9N_ Reference Copy Lbbi@y lnsruencb Form eo-02.2000(Rev. 4-01) Contract Pepo24d32 (PAs// APPLI-2 OP ID: RA A�ORD CERTIFICATE OF LIABILITY INSURANCE D06/26ATE /2018 ) 06/26/2018 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 Stockdale Ins (Bakersfield) LICENSE#OC26131 CONTACT -NAME, FAX FAX A/c No Ell: 661-327-3321 A/c No: 661-327-3490 PO Box 10269 Bakersfield, CA 93389-0269 E-MAIL ADDRESS: 220 S Daisy Ave (M-85) Andy Naworski INSURER(S) AFFORDING COVERAGE NAIC It INSURER A: Federal Insurance Company 20281 INSURED Applied Technology Group Inc. INSURER B: Insurance Co. of The West 27847 4440 Easton Drive Bakersfield, CA 93309 INSURERC:AGCS Marine Insurance Company 22837 INSURER D: Scottsdale Insurance Company 41297 INSURER E: 3602-52-22 WCE INSURER F: 07/0112019 COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY 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 ACCORDANCE WITH THE POLICY PROVISIONS. POLICY NUMBER POLICY EFF MM/DD/YYYYI POLICY EXP (MMIDD/YYYYI LIMITS and Representatives GENERAL LIABILITY 220 S Daisy Ave (M-85) �cq Santa Ana CA 92703 EACH OCCURRENCE $ 1,000,00 PREMISES (Ea occurrence $ 1,000,00 A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE FX I OCCUR Y 3602-52-22 WCE 07/01/2018 07/0112019 MED EXP (Any one person) $ 10,00 PERSONAL B ADV INJURY $ 1,000,00 X Contractual GENERAL AGGREGATE $ 2,000,00 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,00 POLICY X PRO LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,00 Ea accident BODILY INJURY (Per person) $ A X ANY AUTO (18)735846-39 07/01/2018 07/0112019 ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ NON -OWNED HIRED AUTOS HAUTOS PROPERTY DAMAGE $ PER ACCIDENT X UMBRELLA LIABX OCCUR EACH OCCURRENCE $ 5,000,00 AGGREGATE $ 6,000,00 A EXCESS LIAB CLAIMS -MADE 798948-22 07/01/2018 07/01/2019 DED RETENTION$ FOLLOWING $ FOR B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE YIN OFFICER/MEMBER EXCLUDED? � (Mandatory in NH) N/A SA503611601 03/22/2018 03/22/2019 X WC STATU- OTH- TORY LIMITS ER E.L. EACH ACCIDENT $ 1,000,00 E.L. DISEASE - EA EMPLOYEE $ 1,000,00 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 C Equipment Floater SML93032865 07/01/2018 07/01/2019 Towers 1,580,500 D Professional EKS3237775 11/19/2017 11/19/2018 Per Claim 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) The City of Santa Ana, its officers, employees, agents, volunteers and representatives are named as additional insured as required by written contract per the attached blanket endorsements. This insurance is primary and non-contributory. 7ls�fg, v4�� i�fg CERTIFICATE HOLDER CANCELLATION SANTAAN SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Santa Ana its Officers Employees, Agents, Volunteers and Representatives AUTHORIZED REPRESENTATIVE 220 S Daisy Ave (M-85) �cq Santa Ana CA 92703 ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD CH 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: GENERAL LIABILITY Who Is An Insured JULY 1, 2018 TO JULY 1, 2019 JULY 1, 2018 3602-52-22 WCE APPLIED TECHNOLOGY GROUP INC. �7a11��17:�1�1�6Y11:7�[KeSK� v]uC7:��11 APRIL 10, 2018 Under Who Is An Insured, the following provision is added Additional Insured - Persons or organizations shown in the Schedule are insureds; but they are insureds only if you are Scheduled Person obligated pursuant 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 insured 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. N. -2-(D/6 Oyy 7/ h 6- Pq j6 3,n -1c F Liability Insurance Additional Insured- Scheduled Person Or Organization �J"�-El/`-tf,-.,�. �-continue Form 80-02-2367 (Rev. 5-07) Endorsement Page 1 CHUBS° Liability Endorsement (continued) Under Conditions, the following provision is added to the condition titled Other Insurance. Conditions Other Insurance — If you are obligated, pursuant to a contract or agreement, to provide the person or organization Primary, Noncontributory shown in the Schedule with primary insurance such as is afforded by this policy, then in such case Insurance — Scheduled this insurance is primary and we will not seek contribution from insurance available to such person Person Or Organization or organization. Liability Insurance Form 80-02-2367 Schedule Persons or organizations that you are obligated, pursuant to a contract or agreement, to provide with such insurance as is afforded by this policy. All other terms and conditions remain unchanged. Authorized Representative Additional Insured - Scheduled Person Or Organization IV- Zvl,0L� 7/J/I z, Paj, q,e Conditions (continued) Transfer Or Waiver Of We will waive the right of recovery we would otherwise have had against another person or Rights Of Recovery organization, for loss to which this insurance applies, provided the insured has waived their rights Against Others of recovery against such person or organization in a contract or agreement that is executed before such loss. To the extent that the insured's rights to recover all or part of any payment made under this insurance have not been waived, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring suit or transfer those rights to us and help us enforce them. This condition does not apply to medical expenses. ...v.:...::.:..:......N....::.:....::"`.<^n>:.��:......:R;;.u>:._y^:. v::..n......a:......:;.:>:::::"mor Liability Insurance cv Form 80-02-2000 (Rev. 4-01) contract Page 24 of 32 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 00 17 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 Insurance. 2. Any organization that is acquired or formed by you and over which you maintain majority ownership. However, the Named Insured does not include any newly formed or acquired organization: (a) That is an "insured" under any other automobile policy; (b) That has exhausted its Limit of Insurance under any other policy; or (c) 180 days or more after its acquisition or formation by you, unless you have given us written notice of the acquisition or formation. Coverage does not apply to "bodily injury" or "property damage" that results from an "accident" that occurred before you formed or acquired the organization. B. Employees as Insureds Paragraph A.1. — WHO IS AN INSURED — of SECTION II — LIABILITY COVERAGE is amended to add the following: d. Any "employee" of yours while using a covered "auto" you don't own, hire or borrow in your business or your personal affairs. C. Lessors as Insureds Paragraph A.1. —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; or 3. Any person, except the lessor or any "employee" or agent of the lessor, operating an "auto" with the permission of any of 1. andlor 2. above. D. Persons And Organizations As Insureds Under A Written Insured Contract Paragraph A.1 —WHO IS AN INSURED —of SECTION II — LIABILITY COVERAGE is amended to add the following: I. Any person or organization with respect to the operation, maintenance or use of a covered "auto", provided that you and such person or organization have agreed under an express provision in a written "insured contract", written agreement or a written permit issued to you by a governmental or public authority to add such person or organization to this policy as an "insured". However, such person or organization is an "insured" only: Al qfm Form: 16-02-0292 (Rev. 11-16) Page 1 of 3 /� "Includes copyrighted material of Insurance Services Office, Inc. with its permissio " 0 7-Y Pinel 6. df f (1) with respect to the operation, maintenance or use of a covered "auto"; and (2) for "bodily injury" or "property damage" caused by an "accident" which takes place after: (a) You executed the "insured contract" or written agreement; or (b) The permit has been issued to you. 3. FELLOW EMPLOYEE COVERAGE EXCLUSION B.5. - FELLOW EMPLOYEE — of SECTION II — LIABILITY COVERAGE does not apply. 4. PHYSICAL DAMAGE — ADDITIONAL TEMPORARY TRANSPORTATION EXPENSE COVERAGE Paragraph A.4.a. — TRANSPORTATION EXPENSES — of SECTION III — PHYSICAL DAMAGE COVERAGE is amended to provide a limit of $50 per day for temporary transportation expense, subject to a maximum limit of $1,000. 5. AUTO LOAN/LEASE GAP COVERAGE Paragraph A. 4. — COVERAGE EXTENSIONS - of SECTION III — PHYSICAL DAMAGE COVERAGE is amended to add the following: c. Unpaid Loan or Lease Amounts In the event of a total "loss" to a covered "auto", we will pay any unpaid amount due on the loan or lease for a covered "auto" minus: 1. The amount paid under the Physical Damage Coverage Section of the policy; and 2. Any: a. Overdue loan/lease payments at the time of the "loss"; b. Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; c. Security deposits not returned by the lessor: d. Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease; and e. Carry-over balances from previous loans or leases. We will pay for any unpaid amount due on the loan or lease if caused by: 1. Other than Collision Coverage only if the Declarations indicate that Comprehensive Coverage is provided for any covered "auto", 2. Specified Causes of Loss Coverage only if die Declarations indicate that Specified Causes of Loss Coverage is provided for any covered "auto"; or 3_ Collision Coverage only if the Declarations indicate that Collision Coverage is provided for any covered "auto. 6. RENTAL AGENCY EXPENSE Paragraph A. 4. — COVERAGE EXTENSIONS—of SECTION 111— PHYSICAL DAMAGE COVERAGE is amended to add the following: 10. GLASS REPAIR —WAIVER OF DEDUCTIBLE Form: 16-02-0292 (Rev. 11-16) Page 2 of 3 "Includes copyrighted material of Insurance Services Office, Inc. with its permission" d. Rental Expense We will pay the following expenses that you or any of your "employees" are legally obligated to pay because of a written contract or agreement entered into for use of a rental vehicle in the conduct of your business: MAXIMUM WE WILL PAY FOR ANY ONE CONTRACT OR AGREEMENT: 1. $2,500 for loss of income incurred by the rental agency during the period of time that vehicle is out of use because of actual damage to, or "loss' of, that vehicle, including income lost due to absence of that vehicle for use as a replacement; 2. $2,500 for decrease in trade-in value of the rental vehicle because of actual damage to that vehicle arising out of a covered "loss"; and 3. $2,500 for administrative expenses incurred by the rental agency, as stated in the contract or agreement. 4. $7,500 maximum total amount for paragraphs 1., 2. and 3. combined. T. EXTRA EXPENSE—BROADENED COVERAGE Paragraph A.4. — COVERAGE EXTENSIONS — of SECTION III — PHYSICAL DAMAGE COVERAGE is amended to add the following: e. Recovery Expense We will pay for the expense of returning a stolen covered "auto" to you. B. AIRBAG COVERAGE Paragraph B.3.a. - EXCLUSIONS — of SECTION III — PHYSICAL DAMAGE COVERAGE does not apply to the accidental or unintended discharge of an airbag. Coverage is excess over any other collectible insurance or warranty specifically designed to provide this coverage. 9. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT - BROADENED COVERAGE Paragraph C.1.b. — LIMIT OF INSURANCE - of SECTION III - PHYSICAL DAMAGE is deleted and replaced with the following: b. $2,000 is the most we will pay for "loss" in any one "accident" to all electronic equipment that reproduces, receives or transmits audio, visual or data signals which, at the time of "loss", is: (1) Permanently installed in or upon the covered "auto" in a housing, opening or other location that is not normally used by the "auto" manufacturer for the installation of such equipment; (2) Removable from a permanently installed housing unit as described in Paragraph 2.a. above or is an integral part of that equipment; or (3) An integral part of such equipment. )—/) /$ o02(/ WCI a/ P"I` 707rr 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 SECTION IV - BUSINESS AUTO CONDITIONS is deleted and replaced with the following: a. In the event of "accident", claim, `suit" or "loss", you must promptly notify us when the "accident" is known to: (1) You or your authorized representative, if you are an individual: (2) A partner, or any authorized representative, if you are a partnership; (3) A member, if you are a limited liability company; or (4) An executive officer, insurance manager, or authorized representative, if you are an organization other than a partnership or limited liability company. Knowledge of an "accident", claim, "suit" or "loss" by other persons does not imply that the persons listed above have such knowledge. Notice to us should include: (1) How, when and where the "accident" or "loss" occurred; (2) The "insured's" name and address; and (3) To the extent possible, the names and addresses of any injured persons or witnesses. 13. WAIVER OF SUBROGATION Paragraph A.5. - TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US of SECTION IV — BUSINESS AUTO CONDITIONS is 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 applies, provided the "insured" has waived 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. 15. AUTOS RENTED BY EMPLOYEES Paragraph B.5. - OTHER INSURANCE of SECTION IV — BUSINESS AUTO CONDITIONS - is amended to add the following: e. Any "auto" hired or rented by your "employee" on your behalf and at your direction will be considered an "auto" you hire. If an "employee's" personal insurance also applies on an excess basis to a covered "auto" hired or rented by your "employee" on your behalf and at your direction, this insurance will be primary to the 'employee's" personal insurance. 16. HIRED AUTO— COVERAGE TERRITORY Paragraph 13.7.b.(5). - POLICY PERIOD, COVERAGE TERRITORY of SECTION IV — BUSINESS AUTO CONDITIONS is deleted and replaced with the following: (5) A covered "auto" of the private passenger type is leased, hired, rented or borrowed without a driver for a period of 45 days or less; and 17. RESULTANT MENTAL ANGUISH COVERAGE Paragraph C. of - SECTION V — DEFINITIONS is deleted and replaced by the following: "Bodily injury" means bodily injury, sickness or disease sustained by any person, including mental anguish or death as a result of the "bodily injury" sustained by that person. I'qq�ti 8 df P Form: 16-02-0292 (Rev. 11-16) Page of j /� "Includes copyrighted material of Insurance Services Office, Inc. with its permissi9Y�� � �