[Alameda Journal] 1 FY 24-25 Legal Ad Services
SERVICE PROVIDER AGREEMENT
This SERVICE PROVIDER AGREEMENT (“Agreement”) is entered into this ____ day of June 2024 (“Effective Date ”), by and between the CITY OF ALAMEDA, a municipal corporation ( “the City”), and Bay Area News Group dba Alameda Journal, a California corporation, whose address is 2121 N. Ca lifornia Blvd., Walnut Creek, CA 94596 (“ Provider”), in reference to the following facts and circumstances:
RECITALS
A. The City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of the City.
B. The City is in need of the following services: Legal Notices Publication. City staff issued a Request for Bids on April 12, 2024 and after a submittal period of 27 days received one submitted proposal, and the bid was opened on May 9, 2024.
C. Provider is specially trained, experienced a nd competent to perform the special services which will be required by this Agreement
D. Whereas, the City Council authorized the City Manager to execute this agreement on June 18, 2024.
E. The City and Provider desire to enter into an agreement for Legal Notices Publication, upon the terms and conditions herein.
AGREEMENT
NOW, THEREFORE, in consideration of the forgoing, which are incorporated herein by reference, and for good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the City and Provider agree as follows:
1. TERM:
The term of this Agreement shall commence on the 18th day of June 2024, and shall terminate on the 30th day of June 2025, unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED:
Provider agrees to do all necessary work at its own cost and expense, to furnish all labor, tools, equipment, materials, except as otherwis e specified, and to do all necessary work included in Exhibit A as requested. Provider acknowledg es that the work plan included in Exhibit A is tentative and does not commit the City to request Provider to perform all tasks included therein.
DocuSign Envelope ID: BD6DEC75-A221-4B4D-8553-C3B51FEB6C9B
[Alameda Journal] 2 FY 24-25 Legal Ad Services
3. COMPENSATION TO PROVIDER:
a. In consideration of the faithful performance by the Publisher of the agreements herein above set forth, the City hereby agrees to pay for said advertising and publication at the following rates, to wit:
Per column inch, 6.0 point type
Price per column inch ………………… . . . . . . . . . . . . . . . . . . . $6.38 Price per column per column line (11 lines per inch) . . . . . . . . . $0.58
b. All advertisements shall be se t in 6 point type, or in su ch larger type and spacing between Lines as directed by the officer authorizing the advertisement.
c. The submission deadline for ads shall not exceed 4 days from date of publication (excluding holiday periods). In-column notices: Tuesday, 3:00 p.m. Display notices: Friday, 2:00 p.m. Every effort will be made to accommodate emergency situations.
d. The Withdrawal deadline for ads shall be (excluding holiday periods), prior to 10:00 a.m. Wednesday prior to publication.
4. TIME IS OF THE ESSENCE:
Provider and the City agree that time is of the essence regarding the performance of this Agreement.
5. STANDARD OF CARE:
Provider shall perform all services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. P rovider represents that it is skilled in the professional calling necessary to perform all services contracted for in this Agreement. Provider further represents that all of its employees and subcontractors shall have sufficient skill and experience to perform the duties assigned to them pursuant to and in furtherance this Agreement.
Provider further represents that it (and its employees and subcontractors) have all licenses, permits, qualifications, and approvals of wh atever nature that are legally required to perform the services (including a City Business License, as needed); and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Provider shall perf orm (at its own cost and expense and without reimbursement from the City) any services necessa ry to correct errors or omissions which are caused by Provider’s failure to comply with the standard of care provided for herein. Any employee of the Provider or its sub-providers who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of any services under this Agreement, or a threat to the safety of persons or property (or any employee who fails or refuses to perform the services in a manner acceptable to the Cit y) shall be promptly removed by the Provider and shall not be re-employed to perform any further services under this Agreement.
DocuSign Envelope ID: BD6DEC75-A221-4B4D-8553-C3B51FEB6C9B
[Alameda Journal] 3 FY 24-25 Legal Ad Services
6. INDEPENDENT PARTIES:
Provider hereby declares that Provider is engaged as an independent business and Provider agrees to perform the services as an independent contractor. The manner and means of conducting the services and tasks are under the control of Provider except to th e extent they are limited by statute, rule or regulation and the express terms of this Agreement. No civil service status or other right of employment will be acquired by virtue of Provider ’s services. None of the benefits provided by the City to its employees, including but not limited to unemployment insurance, workers’ compensation plans, vacation and sick leave, are available from the City to Provider, its employees or agents. Deductions shall not be made for any state or federal taxes, FICA payments, PERS payments, or other purposes normally asso ciated with an employer-employee relationship from any compensation due to Provider. Payments of the above items, if required, are the responsibility of Provider. Any personnel performing the services under this Agreement on behalf of Provider shall also not be employees of City and shall at all times be under Provider’s exclusive direction and control.
7. IMMIGRATION REFORM AND CONTROL ACT (IRCA):
Provider assumes any and all responsibility for verifying the identity and employment authorization of all of its employees performing work hereunder, pursuant to all applicable IRCA or other federal, or state rules and regulations. Provider shall indemnify, defend, and hold the City harmless from and against any loss, damage, li ability, costs or expenses arising from any noncompliance of this provision by Provider.
8. NON-DISCRIMINATION:
Consistent with the City ’s policy and state and federal law that harassment and discrimination are unacceptable conduct, Provider and its employees, contractors, and agents shall not harass or discriminate against any job appli cant, City employee, or any other person on the basis of any kind of any statutorily (federal, state or local) protected class, including but not limited to: race, religious creed, color, national origi n, ancestry, disability (both mental and physical) including HIV and AIDS, medical condition (e.g. cancer), genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, pregnancy, political affiliation, military and veteran status or leg itimate union activities. Such non -discrimination shall include but not be limited to all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment adve rtising, layoff, or termination. P rovider agrees that any violation of this provision shall constitute a material breach of this Agreement.
9. HOLD HARMLESS:
a. To the fullest extent permitted by law, Provider shall indemnify, defend (with counsel acceptable to the City) and hold harmless the City, its City Council, boards, commissions, officials, employees, agents and volunteers (“Indemnitees”) from and against any and all loss, damages, liability, obligations, claims, suits, judgments, costs and expenses whatsoever, including reasonable attorney ’s fees and costs of litigation (“C laims”), arising from or in any manner connected to Provider’s performance of its obligations unde r this Agreement or out of the operations conducted by Provider even if the City is found to have been negligent. If the Claims filed against Indemnitees allege negligence, recklessness or willful misconduct on the part of Provider, Provider shall have no right of reim bursement against Indemnitees for the costs of
DocuSign Envelope ID: BD6DEC75-A221-4B4D-8553-C3B51FEB6C9B
[Alameda Journal] 4 FY 24-25 Legal Ad Services
defense even if negligence, recklessness or willful misconduct is not found on the part of Provider.
Provider shall not have any obligations to indemnify Indemnitees if the loss or damage is found to have resulted solely from the negligence or th e willful misconduct of the City. The defense and indemnification obligations of this Agreement are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained in this Agreement. b. As to Claims for professional liability only, Provider’s obligation to defend Indemnitees (as set forth above) is limited as provided in California Civil Code Section 2782.8. c. Provider’s obligation to indemnify, defend and hold harmless Indemnities shall expressly survive the expiration or early termination of this Agreement.
10. INSURANCE:
a. On or before the commencement of the terms of this Agreement, Provider shall furnish the City’s Risk Manager with certificat es showing the type, amount, class of operations covered, effective dates and dates of expiration of insurance coverage in compliance with Sections
10.b. (1) through (3). The Certificate Holder shou ld be The City of Alameda, 2263 Santa Clara, Ave., Alameda, CA 94501. Such certificates, which do not limit Provider’s indemnification, shall also contain substantially the following statement:
“Should any of the above insurance covered by this certificate be canceled or coverage reduced before the expiration date thereof, the insurer affording coverage shall provide thirty (30) days ’ advance written notice to the City of Alameda. Attention: Risk Manager.” Provider shall maintain in force at all times during the performance of this Agreement all appropriate coverage of insurance required by this Agreement with an insurance company licensed to offer insurance business in the State of California with a current A.M. Best’s rating of no less than A:VII or Standard & Poor’s Rating (if rated) of at least BBB unless otherwise acceptable to the City. Provider shall deliver updated insurance certificates to the City at the address described in Section 17.f. prior to the expiration of the ex isting insurance certificate for the duration of the term of Agreement. Endorsements naming the City, its City Council, boards, commissions, officials, employees, agents, and volunteers as addi tional insured shall be submitted with the insurance certificates.
_____________
Provider Initials
b. COVERAGE REQUIREMENTS:
Provider shall maintain insurance coverage and limits at least as broad as:
(1) Workers ’ Compensation:
Statutory coverage as required by the State of California, as well as a Waiver of Subrogation (Rights of Recovery) endorsement. (2) Liability:
Commercial general liability coverage in the following minimum limits:
DocuSign Envelope ID: BD6DEC75-A221-4B4D-8553-C3B51FEB6C9B
[Alameda Journal] 5 FY 24-25 Legal Ad Services
Bodily Injury: $1,000,000 each occurrence
$2,000,000 aggregate - all other
Property Damage: $1,000,000 each occurrence
$2,000,000 aggregate
If submitted, combined single limit policy with per occurrence limits in the amounts of $2,000,000 and aggregate limits in the amounts of $4,000,000 will be considered equivalent to the required minimum limits shown above. Provider shall also submit declarations and policy e ndorsements pages. Additional Insured Endorsement naming the City, its City C ouncil, boards, commissions, officials, employees, agents, and volunteers is required. The Additional Insured Endorsement shall include primary and non-contributory coverage at least as broad as the CG 2010.
(3) Professional Liability:
Professional liability insurance which includes coverage appropriate for the professional acts, errors and omissions of Provider’s profession and work hereunder, including, but not limited to, technology professional liability errors and omissions if the services being provided are technology-based, in the following minimum limits:
$2,000,000 each claim
Technology professional liability errors and omissions shall include, or be endorsed to include, property damage liabil ity coverage for damage to, alteration of, loss of, or destruction of electronic data and/or information “property” of the City in the ca re, custody, or control of Provider. If not covered under Provider’s liability policy, such “property” coverage of the City may be endorsed onto Provider’s Cyber Liability Policy as covere d property as follows: cyber liability coverage in an amount sufficient to cover the full replacement value of damage to, alteration of, loss of, or destruction of electronic data and/or information “property” of the City that will be in the care, custody, or control of Provider.
c. SUBROGATION WAIVER:
Provider hereby agrees to waive rights of subrogation that any insurer of Provider may acquire from Provider by virtue of the payment of any loss. Provider agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether the City has received a waiver of subrogation endorsement from the insurer. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by Provider, its employees, agents and subcontractors. d. FAILURE TO SECURE:
If Provider at any time during the term here of should fail to secure or maintain the foregoing insurance, the City shall be permitted to obtain such insurance in Provider’s name or as an agent of Provider and shall be compensated by Provider for the costs of the insurance premiums
DocuSign Envelope ID: BD6DEC75-A221-4B4D-8553-C3B51FEB6C9B
[Alameda Journal] 6 FY 24-25 Legal Ad Services
at the maximum rate permitted by law and computed from the date written notice is received that the premiums have not been paid.
e. ADDITIONAL INSUREDS:
The City, its City Council, boards, comm issions, officials, employees, agents, and volunteers shall be named as additional insured(s) under all insurance coverages, except workers’ compensation and professional liability insurance. The naming of an additional insured shall not affect any recovery to which such additional ins ured would be entitled under this policy if not named as such additional insured. An additional insured named herein shall not be held liable for any premium, deductible portion of any loss, or expense of any nature on this policy or any extension thereof. Any other insurance held by an additional insured shall not be required to contribute anything toward any loss or expense covered by the insurance provided by this policy.
Additional Insured coverage under Provider’s policy shall be primary and non -contributory and will not seek contribution from the City’s insurance or self -insurance. Any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be available to the additional insured(s). f. SUFFICIENCY OF INSURANCE:
The insurance limits required by the City are not represented as being sufficient to protect Provider. Provider is advi sed to consult Provider ’s insurance broker to determine adequate coverage for Provider. The covera ge and limits shall be (1) th e minimum coverage and limits specified in this Agreement; or (2) the broader coverage and ma ximum limits of the coverage carried by or available to Provider; whichever is greater. g. EXCESS OR UMBRELLA LIABILITY:
If any Excess or Umbrella Liability policies are used to meet the limits of liability required by this Agreement, then said policies shall be true “following form” of the underlying policy coverage, terms, conditions, and provisions and shall meet all of the insurance requirements stated in this Agreement, including but not limited to, the additional insured, SIR, and primary insurance requirements stated therein. No insurance pol icies maintained by the indemnified parties or Additional Insureds, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until all the primary and excess liability policies carried by or available to the Provider are exhausted.
11. CONFLICT OF INTEREST:
Provider warrants that it is not a conflict of interest for Provider to perform the services required by this Agreement. Provider may be requir ed to fill out a conflict of interest form if the services provided under this Agreement require Provider to make certain governmental decisions or serve in a staff capacity as defined in Title 2, Division 6, Section 18700 of the California Code of Regulations.
12. PROHIBITION AGAINST TRANSFERS:
a. Provider shall not assign, sublease, hypothecate, or transfer this Agreement, or any interest therein, directly or indirectly, by opera tion of law or otherwise, without prior written consent of the City Manager. Provider shall submit a written request for consent to transfer to the City Manager at least thirty (30) days in advance of the desired transfer. The City Manager or
DocuSign Envelope ID: BD6DEC75-A221-4B4D-8553-C3B51FEB6C9B
[Alameda Journal] 7 FY 24-25 Legal Ad Services
their designee may consent or reject such request in their sole and absolute discretion. Any attempt to do so without said consent shall be null a nd void, and any assignee, sublessee, hypothecate or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. However, claims for money agains t the City under this Agreement may be assigned by Provider to a bank, trust company or other financial institution without prior written consent. b. The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock, membership interest, partnership interest, or the equivalent, which shall result in changing the control of Provider, shall be construed as an assignment of this Agreement.
Control means fifty percent or more of the voting power of Provider.
13. APPROVAL OF SUB-PROVIDERS:
a. Only those persons and/or businesses whose names and resumés are attached to this Agreement shall be used in the performance of this Agreement. However, if after the start of this Agreement, Provider wishes to use sub-providers, at no additional costs to the City, then Provider shall submit a written request for consent to add sub-providers including the names of the sub- providers and the reasons for the request to the City Manager at least five (5) days in advance. The City Manager may consent or reject such requests in their sole and absolute discretion. b. Each sub-provider shall be requi red to furnish proof of workers ’ compensation insurance and shall also be required to carry general, automobile a nd professional liability insurance (as applicable) in reasonable conformity to the insurance carried by Provider. c. In addition, any tasks or services performe d by sub-providers shall be subject to each provision of this Agreement. Provider shall include the following language in their agreement with any sub-provider: “Sub-providers hired by Provider agree to be bound to Provider and the City in the same manner and to the same extent as Provider is bound to the City.” d. The requirements in this Section 13 shal l not apply to persons who are merely providing materials, supplies, data or information that Provider then analyzes and incorporates into its work product.
14. PERMITS AND LICENSES:
Provider, at its sole expense, shall obtain and maintain during the term of this Agreement, all appropriate permits, certificates and licenses, including a City business license that may be required in connection with the performance of the services and tasks hereunder.
15. REPORTS:
a. Each and every report, draft, work product, map, record and other document produced, prepared or caused to be prepared by P rovider pursuant to or in connection with this Agreement shall be the exclusive property of the City.
b. No report, information or other data given to or prepared or assembled by Provider pursuant to this Agreement shall be made available to any individual or organization by Provider without prior approval of the City Manager or their designee.
DocuSign Envelope ID: BD6DEC75-A221-4B4D-8553-C3B51FEB6C9B
[Alameda Journal] 8 FY 24-25 Legal Ad Services
c. Provider shall, at such time and in such form as City Manager or their designee may require, furnish reports concerning the status of services and tasks required under this Agreement.
16. RECORDS:
a. Provider shall maintain complete and accurate records with respect to the services, tasks, work, documents and data in suff icient detail to permit an evaluation of Provider’s performance under the Agreement, as well as main tain books and records related to sales, costs, expenses, receipts and other such information required by the City that relate to the performance of the services and tasks under this Agreement (collectively the “Records”). b. All Records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Provider shall provide free access to the Records to the representatives of the City or its designees during regular business hours upon reasonable prior notice. The City has the right to examine and audit the Records, and to make copies or transcripts therefrom as necessary, and to allow inspection of all proceedings and activities related to this Agreement. Such Records, together with supporting documents, shall be kept separate from other documents and records and shall be maintained by Provider for a period of three (3) years after receipt of final payment.
c. If supplemental examination or audit of the Records is necessary due to concerns raised by the City ’s preliminary examination or a udit of records, and the City ’s supplemental examination or audit of the records discloses a fa ilure to adhere to a ppropriate internal financial controls, or other breach of this Agreement or fa ilure to act in good faith, then Provider shall reimburse the City for all reasonable costs and expenses associated with the supplemental examination or audit.
17. NOTICES:
a. All notices shall be in writing and delivered: (i) by hand; or (ii) sent by registered, express, or certified mail, with return receipt re quested or with delivery confirmation requested from the U.S. postal service; or (iii) sent by overnight or same day couri er service at the party’s respective address listed in this Section.
b. Each notice shall be deemed to have b een received on the earlier to occur of: (x) actual delivery or the date on which delivery is refused; or (y) t hree (3) days after notice is deposited in the U.S. mail or with a courier service in the manner described above (Sundays and City holidays excepted).
c. Either party may, at any time, change its notice address (other than to a post office box address) by giving the other party three (3) days prior written notice of the new address. d. All notices, demands, requests, or approvals from Provider to the City shall be addressed to the City at:
City of Alameda
City Clerk
2263 Santa Clara Ave, Room 380
Alameda, CA 94501
DocuSign Envelope ID: BD6DEC75-A221-4B4D-8553-C3B51FEB6C9B
[Alameda Journal] 9 FY 24-25 Legal Ad Services
ATTENTION: City Clerk
Ph: (510) 747-4800 / Email: [email protected]
e. All notices, demands, requests, or approvals from the City to Provider shall be addressed to Provider at:
Alameda Journal
Bay Area News Group
2121 N. California Blvd. Suite 290
Walnut Creek, CA 94596
ATTENTION: Julie Bouslog, Director Community Information Ph: (925) 943-8010 / Email: [email protected] f. All updated insurance certificates from Provider to the City shall be addressed to the City at:
City of Alameda
City Clerk
2263 Santa Clara Ave, Room 380
Alameda, CA 94501
ATTENTION: City Clerk
Ph: (510) 747-4800 / Email: [email protected]
18. SAFETY:
a. Provider will be solely and completely responsible for conditions of all vehicles owned or operated by Provider, including th e safety of all persons and property during performance of the services and tasks under this Agreement. This requirement will apply continuously and not be limited to normal working hours. In addition, Provider will comply with all safety provisions in conformance with U.S. Department of Labor Oc cupational Safety and Health Act, any equivalent state law, and all other applicable federal, state, county and local laws, ordinances, codes, and any regulations that may be detailed in other parts of the Agreement. Where any of these are in conflict, th e more stringent requirements will be followed. Provider’s failure to thoroughly familiarize itself with the aforementi oned safety provisions will not relieve it from compliance with the obligations and penalties set forth herein. b. Provider will immediately notify the City within 24 hours of any incident of death, serious personal injury or substantial property damage that occurs in connection with the performance of this Agreement. Provider will promp tly submit to the City a written report of all incidents that occur in connection with this Agr eement. This report must include the following information: (i) name and address of injured or d eceased person(s); (ii) name and address of Provider’s employee(s) involved in the incident; (iii) name and address of Provider’s liability insurance carrier; (iv) a detailed description of the incident; and (v) a police report.
19. TERMINATION:
a. In the event Provider fails or refuses to perform any of the provisions hereof at the time and in the manner required hereunder, Provider shall be deemed in default in the performance of this Agreement. If such de fault is not cured within two (2) business days after receipt by
DocuSign Envelope ID: BD6DEC75-A221-4B4D-8553-C3B51FEB6C9B
[Alameda Journal] 10 FY 24-25 Legal Ad Services
Provider from the City of written notice of defaul t, specifying the nature of such default and the steps necessary to cure such default, the City may thereafter immediately terminate the Agreement forthwith by giving to Provider written notice thereof. b. The foregoing notwithstanding, the City shall have the option, at its sole discretion and without cause, of terminating this Agreement by giving seven (7) days’ prior written notice to Provider as provided herein.
c. Upon termination of this Agreement either for cause or for convenience, each party shall pay to the other party that portion of compensation specified in this Agreement that is earned and unpaid prior to the effective date of termina tion. The obligation of the parties under this Section 19.c. shall survive the expiration or early termination of this Agreement.
20. ATTORNEYS’ FEES:
In the event of any litigation, including administrative proceedings, relating to this Agreement, including but not limited to any action or suit by any party, assignee or beneficiary against any other party, beneficiary or assignee, to enforce, interpret or seek relief from any provision or obligation arising out of this Agreement, the parties and litigants shall bear their own attorney’s fees and costs. No party or litigant shall be entitled to recover any attorneys’ fees or costs from any other party or litigant, regardless of which party or litigant might prevail.
21. HEALTH AND SAFETY REQUIREMENTS.
Provider acknowledges that the City shall have the right to impose, at the City’s sole discretion, requirements that it deems are necessary to protect the health and safety of the City employees, residents, and visitors. Provider agrees to comply with all such requirements, including, but not limited to, mandatory vaccinati ons, the use of personal protective equipment (e.g. masks), physical distancing, and health screenings. Provider also agrees to make available to the City, at the City’s request, records to demonstrate Provider’s compliance with this Section.
22. COMPLIANCE WITH ALL APPLICABLE LAWS:
During the term of this Agreement, Provider shall keep fully informed of all existing and future state and federal laws and all municipal ordinances and regulations of the City of Alameda which affect the manner in which the services or tasks are to be performed by Provider, as well as all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same. Provider shall comply with all applicable laws, state and federal and all ordinances, rules and regulations enacted or issued by the City. Provider shall defend, indemnify, and hold City (including its officials, directors, officers, empl oyees, and agents) free and harmless from any claim or liability arising out of any failure or alleged failure to comply with such laws and regulations pursuant to the indemnification provisions of this Agreement.
23. CONFLICT OF LAW:
This Agreement shall be interpreted unde r, and enforced by the laws of the State of California without regard to any choice of law rules which may direct the application of laws of another jurisdiction. The Agreement and obligations of the parties are subject to all valid laws, orders, rules, and regulations of the authorities having jurisdiction over this Agreement (or the
DocuSign Envelope ID: BD6DEC75-A221-4B4D-8553-C3B51FEB6C9B
[Alameda Journal] 11 FY 24-25 Legal Ad Services
successors of those authorities). Any suits brought pursuant to this Agreement shall be filed with the courts of the County of Alameda, State of California.
24. WAIVER:
A waiver by the City of any breach of any ter m, covenant, or conditi on contained herein shall not be deemed to be a waiver of any subsequent breac h of the same or any other term, covenant, or condition contained herein, whether of the same or a different character.
25. INTEGRATED CONTRACT:
Subject to the language of Section 33, the Recita ls and exhibits are a material part of this Agreement and are expressly incorporated here in. This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations a nd agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions hereof. Any modification of this Agreement will be effective only by written execution signed by both the City and Provider.
30. CAPTIONS:
The captions in this Agreement are for conv enience only, are not a part of the Agreement and in no way affect, limit or amplify the terms or provisions of this Agreement.
31. COUNTERPARTS:
This Agreement may be executed in any num ber of counterparts (including by fax, PDF, DocuSign, or other electronic means), each of which shall be deemed an original, but all of which shall constitute one and the same instrument.
32. SIGNATORY:
By signing this Agreement, signatory warrants and represents that they executed this Agreement in their authorized capacity and that by their signature on this Agreement, they or the entity upon behalf of which they acted, executed this Agreement.
33. CONTROLLING AGREEMENT:
In the event of a conflict between the terms and conditions of this Agreement (as amended, supplemented, restated or otherwise modified from time to time) and any other terms and conditions wherever contained, including, without limitation, terms and conditions included within exhibits, the terms and conditions of this Agreement shall control and be primary.
Signatures on the following page
DocuSign Envelope ID: BD6DEC75-A221-4B4D-8553-C3B51FEB6C9B
IN WITNESS WHEREOF, the parties have each caused this Agreement to be duly executed on its behalf as of the Effective Date.
Bay Area News Group dba CITY OF ALAMEDA
Alameda Journal a municipal corporation
a California corporation
Michael Turpin Jennifer Ott
Executive Vice President/Chief Revenue Officer City Manager Bay Area News Group
_____________________________ RECOMMENDED FOR APPROVAL Daisy Takhar
Executive Assistant
Bay Area News Group _______________________________
L a r a W e i s i g e r
C i t y C l e r k
APPROVED AS TO FORM:
City Attorney
M i c h a e l R o u s h
Special Counsel
DocuSign Envelope ID: BD6DEC75-A221-4B4D-8553-C3B51FEB6C9B
EXHIBIT A
SCOPE OF WORK FOR LEGAL ADVERTISING
Legal advertising must be published in a newspaper adjudicated to be a newspaper of general circulation within the City of Alameda.
Advertising shall be in accordance with the following:
1) All advertisements shall be set in six-point type, or in such larger type and spacing between lines as directed by the officer authorizing the advertisement. 2) Title and sub-heading shall be set in six-point type, black-face type, or in such larger type as may be specified by the officer authorizing the advertisement. 3) The submission deadline for ads shall not exceed 4 days from date of publication (excluding holiday periods).
4) The withdrawal deadline for ads shall be up to 1 day from date of publication (excluding holiday periods).
DocuSign Envelope ID: BD6DEC75-A221-4B4D-8553-C3B51FEB6C9B Holder Identifier : 7777777707070700077763616065553330763617457315446607543026663417311073751476157220120772405557067455207162015772274512075266375720767300776625517221275607362011572036530077727252025773110777777707000707007 6666666606060600062606466204446200602022626006200006222024262042220062222060402602220622002404224020006222024260040220062000240422600020600020626204200006222026240022602066646062240664440666666606000606006 Certificate No : 570105618188
CERTIFICATE OF LIABILITY INSURANCE
DATE(MM/DD/YYYY )
05/07/2024
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 endorsement(s).
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATI ON ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AM END, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE P OLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONST ITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AU THORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
PRODUCER
Aon Risk Insurance Services West, Inc.
Denver CO Office
200 Clayton Street, Suite 800
Denver CO 80206 USA
PHONE
(A/C. No. Ext):
E-MAIL
ADDRESS :
INSURER(S) AFFORDING COVERAGE NAIC #
(303) 758-7688
INSURED 25674 Travelers Property Cas Co of America INSURER A :
16535 Zurich American Ins Co INSURER B :
40142 American Zurich Ins Co INSURER C :
INSURER D :
INSURER E :
INSURER F :
FAX
(A/C. No .): (303) 758-9458
CONTACT
NAME:
MediaNews Group, Inc
5990 Washington Street
Denver CO 80216 USA
COVERAGES CERTIFICATE NUMBER : 570105618188 REVISION NUMBER :
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE L ISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED A BOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH R ESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSUR ANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS S UBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES . LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS . Limits shown are as requested
POLICY EXP
(MM /DD /YYYY )
POLICY EFF
(MM /DD /YYYY )
SUBR
WVD
INSR
LTR
ADDL
INSD POLICY NUMBER TYPE OF INSURANCE LIMITS
COMMERCIAL GENERAL LIABILITY
CLAIMS-MADE OCCUR
POLICY LOC
EACH OCCURRENCE
DAMAGE TO RENTED
PREMISES (Ea occurrence )
MED EXP (Any one person )
PERSONAL & ADV INJURY
GENERAL AGGREGATE
PRODUCTS - COMP /OP AGG
X
X
X
X
GEN 'L AGGREGATE LIMIT APPLIES PER :
$2,000,000
$2,000,000
$10,000
$2,000,000
$10,000,000
$2,000,000
$100,000 Ded.
B 05/01/2024 05/01/2025 GLO019442808
PRO-
JECT
OTHER :
AUTOMOBILE LIABILITY
ANY AUTO
OWNED
AUTOS ONLY
SCHEDULED
AUTOS
HIRED AUTOS
ONLY
NON-OWNED
AUTOS ONLY
BODILY INJURY ( Per person)
PROPERTY DAMAGE
(Per accident)
X
X
BODILY INJURY (Per accident)
$2,000,000 B 05/01/2024 05/01/2025
$250,000 Ded
COMBINED SINGLE LIMIT
(Ea accident)
BAP 0194427 08
EXCESS LIAB
X OCCUR
CLAIMS-MADE AGGREGATE
EACH OCCURRENCE
DED
$10,000,000
$10,000,000
05/01/2024
SIR applies per policy terms & conditions
UMBRELLA LIAB A 05/01/2025 CUP3T15082024NF
RETENTION X
X
E.L. DISEASE-EA EMPLOYEE
E.L. DISEASE-POLICY LIMIT
E.L. EACH ACCIDENT
$1,000,000
X OTH-
ER
PER STATUTE C 05/01/2024 05/01/2025
$1,000,000
Y / N
(Mandatory in NH)
ANY PROPRIETOR / PARTNER / EXECUTIVE
OFFICER/MEMBER EXCLUDED? N / AN
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
If yes, describe under
DESCRIPTION OF OPERATIONS below
$1,000,000
WC019442908
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) The City of Alameda its City Council, boards, commissions, officials, employees, agents, and volunteers are included as Additional Insured in accordance with the policy provisions of the General Liability; Auto Liability policies.
General Liability and Auto Liability evidenced herein is Primary and Non-Contributory to other insurance available to an Additional Insured, but only in accordance with the policy's provisions. A Waiver of Subrogation is granted in favor of Certificate Holder in accordance with the policy provisions of the General Liability, Auto Liability and Workers Compensation policies. Umbrella Follows Form. Should any of the above described policies be cancelled before the expiration date thereof, the policy provisions will govern how notice of cancellation may be delivered to certificate holders in accordance with the
CANCELLATION CERTIFICATE HOLDER
AUTHORIZED REPRESENTATIVE
City of Alameda
Attn: Risk Manager
2263 Santa Clara Ave, Room 380
Alameda CA 94501 USA
ACORD 25 (2016/03)
©1988-2015 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCE LLED BEFORE THE
EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS .
DocuSign Envelope ID: BD6DEC75-A221-4B4D-8553-C3B51FEB6C9B policy provisions of each policy.
FORM TITLE :FORM NUMBER :
THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM,
ADDITIONAL REMARKS
EFFECTIVE DATE:
CARRIER NAIC CODE
POLICY NUMBER
Aon Risk Insurance Services West, Inc.
NAMED INSURED AGENCY
LOC #:
570000071238 AGENCY CUSTOMER ID:
© 2008 ACORD CORPORATION. All rights reserved.
See Certificate Number :
See Certificate Number :
The ACORD name and logo are registered marks of ACORD
570105618188
570105618188
ACORD 25 Certificate of Liability Insurance
Additional Description of Operations / Locations / Vehicles:
ACORD 101 (2008/01)
ADDITIONAL REMARKS SCHEDULE Page _ of _
MediaNews Group, Inc
DocuSign Envelope ID: BD6DEC75-A221-4B4D-8553-C3B51FEB6C9B Holder Identifier : 7777777707070700077763616065553330763617457315446607543026663417311073751476157220120772405557067455207162015772274512075266375720767300776625517221275607362011572036530077727252025773110777777707000707007 6666666606060600062606466204446200602022626006200006222024262042220062222060402602220622002404224020006222024260040220062000240422600020600020626204200006222026240022602066646062240664440666666606000606006 Certificate No : 570105618188
CERTIFICATE OF LIABILITY INSURANCE
DATE(MM/DD/YYYY )
05/07/2024
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 endorsement(s).
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATI ON ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AM END, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE P OLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONST ITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AU THORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
PRODUCER
Aon Risk Insurance Services West, Inc.
Denver CO Office
200 Clayton Street, Suite 800
Denver CO 80206 USA
PHONE
(A/C. No. Ext):
E-MAIL
ADDRESS :
INSURER(S) AFFORDING COVERAGE NAIC #
(303) 758-7688
INSURED 25674 Travelers Property Cas Co of America INSURER A :
16535 Zurich American Ins Co INSURER B :
40142 American Zurich Ins Co INSURER C :
INSURER D :
INSURER E :
INSURER F :
FAX
(A/C. No .): (303) 758-9458
CONTACT
NAME:
MediaNews Group, Inc
5990 Washington Street
Denver CO 80216 USA
COVERAGES CERTIFICATE NUMBER : 570105618188 REVISION NUMBER :
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE L ISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED A BOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH R ESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSUR ANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS S UBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES . LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS . Limits shown are as requested
POLICY EXP
(MM /DD /YYYY )
POLICY EFF
(MM /DD /YYYY )
SUBR
WVD
INSR
LTR
ADDL
INSD POLICY NUMBER TYPE OF INSURANCE LIMITS
COMMERCIAL GENERAL LIABILITY
CLAIMS-MADE OCCUR
POLICY LOC
EACH OCCURRENCE
DAMAGE TO RENTED
PREMISES (Ea occurrence )
MED EXP (Any one person )
PERSONAL & ADV INJURY
GENERAL AGGREGATE
PRODUCTS - COMP /OP AGG
X
X
X
X
GEN 'L AGGREGATE LIMIT APPLIES PER :
$2,000,000
$2,000,000
$10,000
$2,000,000
$10,000,000
$2,000,000
$100,000 Ded.
B 05/01/2024 05/01/2025 GLO019442808
PRO-
JECT
OTHER :
AUTOMOBILE LIABILITY
ANY AUTO
OWNED
AUTOS ONLY
SCHEDULED
AUTOS
HIRED AUTOS
ONLY
NON-OWNED
AUTOS ONLY
BODILY INJURY ( Per person)
PROPERTY DAMAGE
(Per accident)
X
X
BODILY INJURY (Per accident)
$2,000,000 B 05/01/2024 05/01/2025
$250,000 Ded
COMBINED SINGLE LIMIT
(Ea accident)
BAP 0194427 08
EXCESS LIAB
X OCCUR
CLAIMS-MADE AGGREGATE
EACH OCCURRENCE
DED
$10,000,000
$10,000,000
05/01/2024
SIR applies per policy terms & conditions
UMBRELLA LIAB A 05/01/2025 CUP3T15082024NF
RETENTION X
X
E.L. DISEASE-EA EMPLOYEE
E.L. DISEASE-POLICY LIMIT
E.L. EACH ACCIDENT
$1,000,000
X OTH-
ER
PER STATUTE C 05/01/2024 05/01/2025
$1,000,000
Y / N
(Mandatory in NH)
ANY PROPRIETOR / PARTNER / EXECUTIVE
OFFICER/MEMBER EXCLUDED? N / AN
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
If yes, describe under
DESCRIPTION OF OPERATIONS below
$1,000,000
WC019442908
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) The City of Alameda its City Council, boards, commissions, officials, employees, agents, and volunteers are included as Additional Insured in accordance with the policy provisions of the General Liability; Auto Liability policies.
General Liability and Auto Liability evidenced herein is Primary and Non-Contributory to other insurance available to an Additional Insured, but only in accordance with the policy's provisions. A Waiver of Subrogation is granted in favor of Certificate Holder in accordance with the policy provisions of the General Liability, Auto Liability and Workers Compensation policies. Umbrella Follows Form. Should any of the above described policies be cancelled before the expiration date thereof, the policy provisions will govern how notice of cancellation may be delivered to certificate holders in accordance with the
CANCELLATION CERTIFICATE HOLDER
AUTHORIZED REPRESENTATIVE
City of Alameda
Attn: Risk Manager
2263 Santa Clara Ave, Room 380
Alameda CA 94501 USA
ACORD 25 (2016/03)
©1988-2015 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCE LLED BEFORE THE
EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS .
policy provisions of each policy.
FORM TITLE :FORM NUMBER :
THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM,
ADDITIONAL REMARKS
EFFECTIVE DATE:
CARRIER NAIC CODE
POLICY NUMBER
Aon Risk Insurance Services West, Inc.
NAMED INSURED AGENCY
LOC #:
570000071238 AGENCY CUSTOMER ID:
© 2008 ACORD CORPORATION. All rights reserved.
See Certificate Number :
See Certificate Number :
The ACORD name and logo are registered marks of ACORD
570105618188
570105618188
ACORD 25 Certificate of Liability Insurance
Additional Description of Operations / Locations / Vehicles:
ACORD 101 (2008/01)
ADDITIONAL REMARKS SCHEDULE Page _ of _
MediaNews Group, Inc
CG 20 26 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 1 POLICY NUMBER: GLO 0194428-08 COMMERCIAL GENERAL LIABILITY CG 20 26 12 19
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED – DESIGNATED
PERSON OR ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s) Or Organization(s):
ONLY THOSE WHERE REQUIRED BY WRITTEN CONTRACT.
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
A. Section II – Who Is An Insured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only
with respect to liability for "bodily injury", "property damage" or "personal and advertising injury"
caused, in whole or in part, by your acts or
omissions or the acts or omissions of those acting
on your behalf:
1.In the performance of your ongoing operations;
or
2.In connection with your premises owned by or
rented to you.
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.
B.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:
1.Required by the contract or agreement; or
2.Available under the applicable limits of
insurance;
whichever is less.
This endorsement shall not increase the
applicable limits of insurance.
COMMERCIAL GENERAL LIABILITY
CG 20 01 04 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CG 20 01 04 13 Insurance Services Office, Inc., 2012 Page 1 of 1
PRIMARY AND NONCONTRIBUTORY -- -
OTHER INSURANCE CONDITION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
The following is added to the Other Insurance
Condition and supersedes any provision to the
contrary:
Primary And Noncontributory Insurance
This insurance is primary to and will not seek
contribution from any other insurance available
to an additional insured under your policy
provided that:
(1) The additional insured is a Named Insured
under such other insurance; and
(2) You have agreed in writing in a contract or
agreement that this insurance would be
primary and would not seek contribution
from any other insurance available to the
additional insured.
Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer Add’l Prem. Return Prem.
GLO 0194428-08 05/01/2024 05/01/2025 09015000 $ INCL $ Waiver Of Subrogation (Blanket) Endorsement
U-GL-925-B CW (12/01)
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
This endorsement modifies insurance provided under the:
Commercial General Liability Coverage Part
The following is added to the Transfer Of Rights Of Recovery Against Others To Us Condition:
If you are required by a written contract or agreement, which is executed before a loss, to waive your rights of recovery from others, we agree to waive our rights of recovery. This waiver of rights shall not be construed to be a waiver with respect to any other operations in which the insured has no contractual interest.
POLICY NUMBER: BAP 0194427-08 COMMERCIAL AUTO
CA 20 01 10 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CA 20 01 10 13 © Insurance Services Office, Inc., 2011 Page 1 of 2 LESSOR – ADDITIONAL INSURED AND LOSS PAYEE
This endorsement modifies insurance provided under the following:
AUTO DEALERS COVERAGE FORM
BUSINESS AUTO COVERAGE FORM
MOTOR CARRIER COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement.
This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below.
Named Insured: MEDIANEWS GROUP, INC
Endorsement Effective Date:
SCHEDULE
Insurance Company: ZURICH AMERICAN INSURANCE COMPANY
Policy Number: BAP 0194427-08 Effective Date: 05-01-2024 Expiration Date: 05-01-2025
Named Insured: MEDIANEWS GROUP, INC
Address: 5990 WASHINGTON ST
DENVER, CO 80216
Additional Insured (Lessor):
Address:
ONLY THOSE WHERE REQUIRED BY WRITTEN CONTRACT
Designation Or Description
Of “Leased Autos”:
ONLY THOSE WHERE REQUIRED BY WRITTEN CONTRACT
Coverages Limit Of Insurance
Covered Autos Liability $2,000,000 Each “Accident”
Actual Cash Value Or Cost Of Repair Whichever Is Less, Minus N/A Deductible For Each Covered “Leased Auto”Comprehensive Actual Cash Value Or Cost Of Repair Whichever Is Less, Minus N/A Deductible For Each Covered “Leased Auto”Collision
Actual Cash Value Or Cost Of Repair Whichever Is Less, Minus N/A Deductible For Each Covered “Leased Auto”Specified
Causes Of Loss
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
A. Coverage
1.Any “leased auto” designated or described in
the Schedule will be considered a covered
“auto” you own and not a covered “auto” you hire
or borrow.
2.For a “leased auto” designated or described in
the Schedule, the Who Is An Insured provision
under Covered Autos Liability Coverage is
changed to include as an “insured” the lessor
named in the Schedule. However, the lessor is
an “insured” only for “bodily injury” or “property
damage” resulting from the acts or omissions
by:
a.You;
b.Any of your “employees” or agents; or
c.Any person, except the lessor or any
“employee” or agent of the lessor, operating
a “leased auto” with the permission of any of
the above.
3.The coverages provided under this
endorsement apply to any “leased auto”
described in the Schedule until the expiration
date shown in the Schedule, or when the lessor
or his or her agent takes possession of the
“leased auto”, whichever occurs first.
B. Loss Payable Clause
1.We will pay, as interest may appear, you and the
lessor named in this endorsement for “loss” to a
“leased auto”.
2.The insurance covers the interest of the lessor
unless the “loss” results from fraudulent acts or
omissions on your part.
3.If we make any payment to the lessor, we will
obtain his or her rights against any other party.
C. Cancellation
1.If we cancel the policy, we will mail notice to the
lessor in accordance with the Cancellation
Common Policy Condition.
2.If you cancel the policy, we will mail notice to the
lessor.
3.Cancellation ends this agreement.
D.The lessor is not liable for payment of your
premiums.
E. Additional Definition
As used in this endorsement:
“Leased auto” means an “auto” leased or rented to
you, including any substitute, replacement or extra
“auto” needed to meet seasonal or other needs,
under a leasing or rental agreement that requires
you to provide direct primary insurance for the
lessor.
CA 04 44 10 13 © Insurance Services Office, Inc., 2011 Page 1 of 1 POLICY NUMBER: BAP 0194427-08 COMMERCIAL AUTO
CA 04 44 10 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY
AGAINST OTHERS TO US (WAIVER OF SUBROGATION)
This endorsement modifies insurance provided under the following:
AUTO DEALERS COVERAGE FORM
BUSINESS AUTO COVERAGE FORM
MOTOR CARRIER COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement.
This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below.
Named Insured: MEDIANEWS GROUP, INC
Endorsement Effective Date:
SCHEDULE
Name(s) Of Person(s) Or Organization(s):
ONLY THOSE PERSONS OR ORGANIZATIONS FOR WHOM YOU ARE REQUIRED TO
WAIVE YOUR RIGHTS OF RECOVERY UNDER THE TERMS OF A WRITTEN CONTRACT.
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
The Transfer Of Rights Of Recovery Against
Others To Us condition does not apply to the
person(s) or organization(s) shown in the Schedule,
but only to the extent that subrogation is waived prior to the “accident” or the “loss” under a contract with
that person or organization.
This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 05-01-24 Policy No. WC 0194429-08 Endorsement No.
Insured MEDIANEWS GROUP, INC Premium $ INCL.
Insurance Company AMERICAN ZURICH INSURANCE COMPANY
Countersigned By
WC 00 03 13
(Ed. 4-84)
1983 National Council on Compensation Insurance.
WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13 (Ed. 4-84)
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule.
Schedule
ALL PERSONS AND/OR ORGANIZATIONS THAT ARE REQUIRED BY WRITTEN
CONTRACT, OR AGREEMENT WITH THE INSURED, EXECUTED PRIOR TO THE
ACCIDENT OR LOSS, THAT WAIVER OF SUBROGATION BE PROVIDED UNDER THIS POLICY FOR WORK PERFORMED BY YOU FOR THAT PERSON AND/OR ORGANIZATION.