[Wittman Enterprises, LLC] 1 Service Provider Agreement Version 01-25-23
SERVICE PROVIDER AGREEMENT
This SERVICE PROVIDER AGREEMENT (“Agreement”) is entered into this ____ day of _________ 2023 (“Effective Date”), by and between the CITY OF ALAMEDA, a municipal corporation (“the City”), and WITTMAN ENTERPRISES , LLC, whose address is 11093 Sun Center Drive, Rancho Cordova, CA 95670 (“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: Billing Services . Consistent with administrative procurement regulations, the City Manager has determined it is unnecessary to follow the City’s administrative selection procedures in awarding this Agreement to Provider, given that the City has experienced satisfactory services from Provider at a reasonable cost for the past five years.
C. Provider possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement on the terms and conditions described herein.
D. Whereas, the City Council authorized the City Manager to execute this agreement on July 18, 2023.
E. The City and Provider desire to enter into an agreement for billing services for the collection of EMS and Fire False Alarm Fees, 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 1st day of September 2023, and shall terminate on the 31st day of August 2025, unless terminated earlier as set forth herein.
The parties may agree to extend the term of this Agreement on a year-by-year basis, for up to three (3) additional years. Any extension shall be documented in a signed amendment. In the event that the parties agree to extend the Agreement, all provisions of the Agreement shall remain unchanged.
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 otherwise specified, and to do all necessary work included DocuSign Envelope ID: E1578C95-27F1-469B-B3B7-B336D5D34A97 August
7th
EXHIBIT 2
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in Exhibit A as requested. Provider acknowledges 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.
3. COMPENSATION TO PROVIDER:
a. By the 7th day of each month, Provider shall submit to the City an invoice for the total amount of work done the previous month. Pricing and accounting of charges are to be according to the fee schedule as set forth in Sections 3b and 3c. b. EMS Billing Fees
a. Percentage of Net Collections minus refunds : 3.99%
b. Monthly reports: included
c. Fire False Alarm Billing
a. Percentage of Net Collections minus refunds: 8.0%
b. Monthly reports: included
d. The total compensation for the work under this Agreement is not to exceed 3.99% of all monies collected by Provider for Emergency Medical Services (EMS) provided by City less refunds and 8.0% of all monies collected by the Provider for Fire False Alarm services provided by the City less refunds, not to exceed $400,000 with the option of three one-year extensions for a total not to exceed amount of $1,000,000 for a total of five years. e. Provider invoices unpaid by more than forty-five (45) days are subject to a monthly interest charge of 1.5% unless in dispute.
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 agrees to perform all services hereunder in a manner commensurate with the prevailing standards of like professionals or service providers, as applicable, in the San Francisco Bay Area and agrees that all services shall be performed by qualified and experienced personnel who are not employed by the City.
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 the 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, DocuSign Envelope ID: E1578C95-27F1-469B-B3B7-B336D5D34A97
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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 associated with an employer -employee relationship from any compensation due to Provider. Payments of the above items, if required, are the responsibility of Provider.
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, liability, 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 applicant, 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 origin, 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 legitimate union activities. Provider agrees that any violation of this provision shall constitute a material breach of this Agreement.
9. INDEMNIFICATION, DUTY TO DEFEND, AND HOLD HARMLESS:
PROVIDER (including PROVIDER’s agents, employees, and subcontractors, if any) shall indemnify, defend, and hold harmless the City, its officials, officers, agents, employees, and volunteers from and against all liability, claims, and demands – including but not limited to attorney’s fees – on account of any injury, loss, or damage arising out of, connected to, or resulting from negligent acts or rec kless or willful misconduct related to the services provided by PROVIDER under this Agreement, if such injury, loss, or damage, or a portion thereof, is caused by any act, omission, or fault of the PROVIDER (including PROVIDER’s agents, employees, and subcontractors, if any) or anyone for whose acts any of them may be liable, excluding any portion directly attributable to the City’s own negligence, and only to the degree or percentage of negligence or fault agreed to be or adjudicated to be attributable to the PROVIDER, any subcontractor of the PROVIDER, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable. In the event of any dispute between the PROVDER and the City, as to whether liability arises from t he sole negligence of the City or its officers, employees, agents, subcontractors, or vendors, PROVIDER may be obligated to pay for the City’s defense until such time as a final judgment has been entered adjudicating the City as solely or partially negligent. PROVIDER would be entitled in the event of such a determination to any reimbursement of defense costs including but not limited to attorney’s fees, expert fees and cost of litigation.
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10. INSURANCE:
a. On or before the commencement of the terms of this Agreement, Provider shall furnish the City’s Risk Manager with certificates 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 (5). The Certificate Holder should 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 St ate 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 existing 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 additional 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:
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 d eclarations and policy endorsements pages. Additional Insured Endorsement naming the City, its City Council, boards, commissions, officials, DocuSign Envelope ID: E1578C95-27F1-469B-B3B7-B336D5D34A97
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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) Automotive:
Comprehensive automobile liability coverage (any auto) in the following minimum limits:
Bodily injury: $1,000,000 each occurrence
Property Damage: $1,000,000 each occurrence
or
Combined Single Limit: $2,000,000 each occurrence
Additional Insured Endorsement naming the City, its City Council, boards, commissions, officials, employees, agents, and volunteers is required.
(4) 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 liability coverage for damage to, alteration of, loss of, o r destruction of electronic data and/or information “property” of the City in the care, 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 covered 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.
As to commercial general liability and automobile liability insurance, such insurance will provide that it constitutes primary insurance with respect to claims insured by such policy, and, except with respect to limits, that insurance applies separately to each insured against whom claim is made or suit is brought. Such insurance is not additional to or contributing with any other insurance carried by or for the benefit of the City.
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’ DocuSign Envelope ID: E1578C95-27F1-469B-B3B7-B336D5D34A97
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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 hereof 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 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, commissions, 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 insured 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 los s, 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 advised to consult Provider ’s insurance broker to determine adequate coverage for Provider. The coverage and limits shall be (1) the minimum coverage and limits specified in this Agreement; or (2) the broader coverage and maximum 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 policies main tained 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 required to fill out a conflict of interest form if the services provided under this Agreement require Provider to make certain governmental decisions DocuSign Envelope ID: E1578C95-27F1-469B-B3B7-B336D5D34A97
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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 operation 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 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 and 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 against 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 required to furnish proof of workers ’ compensation insurance and shall also be required to carry general, automobile and professional liability insurance (as applicable) in reasonable conformity to the insurance carried by Provider. c. In addition, any tasks or services performed 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 shall 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:
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a. Each and every report, draft, work product, map, record and other document produced, prepared or caused to be prepared by Provider 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. 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 sufficient detail to permit an evaluation of Provider’s performance under the Agreement , as well as maintain 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 audit of records, and the City ’s supplemental examination or audit of the records discloses a failure to adhere to appropriate internal financial controls, or other breach of this Agreement or failure 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 requested or with delivery confirmation requested from the U.S. postal service ; or (iii) sent by overnight or same day courier service at the party’s respective address listed in this Section.
b. Each notice shall be deemed to have been received on the earlier to occur of : (x) actual delivery or the date on which delivery is refused ; or (y) three (3) days after notice is deposited in the U.S. mail or with a courier service in the manner descr ibed 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.
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d. All notices, demands, requests, or approvals from Provider to the City shall be addressed to the City at:
City of Alameda
Fire Department
1300 Park Street
Alameda, CA 94501
ATTENTION: Nicholas Luby, Fire Chief
Ph: (510) 337-2100
Email: [email protected]
e. All notices, demands, requests, or approvals from the City to Provider shall be addressed to Provider at:
Wittman Enterprises, LLC
11093 Sun Center Drive
Rancho, Cordova, CA 95670
ATTENTION: Corrine Wittman-Wong, CEO
Ph: (916) 669-4621
Email: [email protected]
f. All updated insurance certificates from Provider to the City shall be addressed to the City at:
City of Alameda
Fire Department
1300 Park Street
Alameda, CA 94501
ATTENTION: Monique Raqueno, Fire Admin Svcs. Manager
Ph: (510) 337-2105
Email: [email protected]
18. SAFETY:
a. Provider will be solely and completely responsible for conditions of all vehicles owned or operated by Provider, including the 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 s afety provisions in conformance with U.S. Department of Labor Occupational 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, the more stringent requirement s will be followed. Provider’s failure to thoroughly familiarize itself with the aforementioned 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 promptly submit to the City a written report of all DocuSign Envelope ID: E1578C95-27F1-469B-B3B7-B336D5D34A97
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incidents that occur in connection with this Agreem ent. This report must include the following information: (i) name and address of injured or deceased 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 default is not cured within two (2) business days after receipt by Provider from the City of written notice of default, 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 termination. 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 of 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 heal th and safety of the City employees, residents, and visitors. Provider agrees to comply with all such requirements, including, but not limited to, mandatory vaccinations, 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 DocuSign Envelope ID: E1578C95-27F1-469B-B3B7-B336D5D34A97
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same. Provider shall comply with all applicable laws, state and federal and all ordinances, rules and regulations enacted or issued by the City.
23. CONFLICT OF LAW:
This Agreement shall be interpreted under, 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 sub ject to all valid laws, orders, rules, and regulations of the authorities having jurisdiction over this Agreement (or the 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 term, covenant, or condition contained herein shall not be deemed to be a waiver of any subsequent breach 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 30, the Recitals and exhibits are a material part of this Agreement and are expressly incorporated herein. This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and 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.
26. CAPTIONS:
The captions in this Agreement are for convenience only, are not a part of the Agreement and in no way affect, limit or amplify the terms or provisions of this Agreement.
27. COUNTERPARTS:
This Agreement may be executed in any number 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.
28. 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.
29. 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 DocuSign Envelope ID: E1578C95-27F1-469B-B3B7-B336D5D34A97
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conditions wherever contained, including, without limitation, terms and conditions included within exhibits, the terms and conditions of this Agreement shall control and be primary.
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IN WITNESS WHEREOF, the parties have each caused this Agreement to be duly executed on its behalf as of the Effective Date.
WITTMAN ENTERPRISES, LLC CITY OF ALAMEDA
a municipal corporation
Corinne Wittman-Wong Jennifer Ott
CEO City Manager
RECOMMENDED FOR APPROVAL
Nicholas Luby
Fire Chief
APPROVED AS TO FORM:
City Attorney
Douglas W. McManaway
Deputy City Attorney
DocuSign Envelope ID: E1578C95-27F1-469B-B3B7-B336D5D34A97
DocuSign Envelope ID: E1578C95-27F1-469B-B3B7-B336D5D34A97 DocuSign Envelope ID: E1578C95-27F1-469B-B3B7-B336D5D34A97 DocuSign Envelope ID: E1578C95-27F1-469B-B3B7-B336D5D34A97 ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED?
INSR ADDLSUBRLTR INSDWVD
PRODUCER CONTACTNAME: FAXPHONE(A/C, No):(A/C, No, Ext):E-MAILADDRESS:INSURER A :INSURED INSURER B :INSURER C :INSURER D :INSURER E :INSURER F :
POLICY NUMBERPOLICY EFFPOLICY EXPTYPE OF INSURANCELIMITS(MM/DD/YYYY)(MM/DD/YYYY)
AUTOMOBILE LIABILITY
UMBRELLA LIABEXCESS LIABWORKERS COMPENSATIONAND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
AUTHORIZED REPRESENTATIVE
EACH OCCURRENCE$DAMAGE TO RENTEDCLAIMS-MADEOCCUR $PREMISES (Ea occurrence)MED EXP (Any one person)$PERSONAL & ADV INJURY$GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE$PRO-POLICYLOC PRODUCTS - COMP/OP AGGJECT OTHER: $COMBINED SINGLE LIMIT$(Ea accident)ANY AUTO BODILY INJURY (Per person)$OWNEDSCHEDULEDBODILY INJURY (Per accident)$AUTOS ONLYAUTOSHIREDNON-OWNEDPROPERTY DAMAGE$AUTOS ONLYAUTOS ONLY(Per accident)$OCCUR EACH OCCURRENCECLAIMS-MADEAGGREGATE$DEDRETENTION$ PEROTH-STATUTEERE.L. EACH ACCIDENTE.L. DISEASE - EA EMPLOYEE$If yes, describe underE.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGENAIC #
COMMERCIAL GENERAL LIABILITY
Y / NN / A(Mandatory in NH)
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORETHE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED INACCORDANCE WITH THE POLICY PROVISIONS.
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIODINDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THISCERTIFICATE 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.
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THISCERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIESBELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZEDREPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement onthis certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
COVERAGESCERTIFICATE NUMBER:REVISION NUMBER:
CERTIFICATE HOLDERCANCELLATION
© 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03)
CERTIFICATE OF LIABILITY INSURANCEDATE (MM/DD/YYYY)
$
$$$$
The ACORD name and logo are registered marks of ACORD
6/26/2023
(888) 524-0798(866) 206-864620443Wittman Enterprises LLC11093 Sun Center DriveRancho Cordova, CA 9567025658 A 2,000,000XXB60200673507/1/20237/1/20241,000,00010,0002,000,0004,000,0004,000,000EPLI FIDUCIARY10,0001,000,000B XX60200673957/1/20237/1/20242,000,000A B60200674317/1/20237/1/20242,000,00010,000C EIG4533164037/1/20237/1/20241,000,0001,000,0001,000,000DE&O / Professional L1077412021/1/2023Agg/Occ2,000,000ECyber LiabilityPLMCBSWDZE2F6M11/7/202211/7/2023Aggregate/Limit2,000,000The City of Alameda City, its City Council, boards, commissions, officials, employees, and volunteers shall be named as an additional insured with respects to General Liability per attached endorsement form number SB146932F and Auto Liability form number CNA71527XX, to follow. General Liability Waiver of Subrogation applies per attached endorsement form SB146932F and Auto Liability Waiver of Subrogation form number CA04441013.
City of Alameda2263 Santa Clara AvenueAlameda, CA 94501 WITTENT-01AMARTINEZ
Vaultari Insurance ServicesPO Box 646Roseville, CA [email protected] Casualty CompanyNational Fire Insurance Company of HartfordEmployers Preferred Insurance CompanyTravelers Casualty Insurance Co of AmerPalomar Excess and Surplus Insurance Company 7/1/2023
X XXXXXX
DocuSign Envelope ID: E1578C95-27F1-469B-B3B7-B336D5D34A97
Business Auto Policy
Policy Endorsement
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY
AGAINST OTHERS TO US (WAIVER OF SUBROGATION)
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
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: WITTMAN ENTERPRISES LLC
Endorsement Effective Date: 07/01/2022
SCHEDULE
Name(s) Of Person(s) Or Organization(s):
CITY OF MONROVIA
CITY OF BEVERLY HILLS
CITY OF ALAMEDA
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.
BUA 6020067395
Endorsement No: 3; Page: 1 of 1 Policy Page: 36 of 72
Underwriting Company: National Fire Insurance Company of Hartford, 151 N Franklin St, Chicago, IL 60606
Form No: CA 04 44 10 13
Endorsement Effective Date:
Policy No:
Policy Effective Date: 07/01/2022Endorsement Expiration Date:
© Copyright Insurance Services Office, Inc., 2011
DocuSign Envelope ID: E1578C95-27F1-469B-B3B7-B336D5D34A97 SB146932G
(Ed. 10-19)
BLANKETADDITIONALINSUREDAND LIABILITYEXTENSIONENDORSEMENT This endorsementmodifiesinsuranceprovidedunderthe following:
BUSINESSOWNERSLIABILITYCOVERAGEFORM
BUSINESSOWNERSCOMMONPOLICYCONDITIONS
TABLEOF CONTENTS
I. BlanketAdditionalInsuredProvisions
A. AdditionalInsured– BlanketVendors
B. MiscellaneousAdditionalInsureds
C. AdditionalProvisionsPertinentto AdditionalInsuredCoverage
1.a. Primary– Noncontributoryprovision
1.b. Definitionof "writtencontract"
2. AdditionalInsured– ExtendedCoverage
II. LiabilityExtensionCoverages
A. BodilyInjury– ExpandedDefinition
B. BroadKnowledgeof Occurrence
C. Estates,LegalRepresentativesand Spouses
D. FellowEmployeeFirstAid
E. LegalLiability– Damageto Premises
F. Personaland AdvertisingInjury– Discriminationor Humiliation G. Personaland AdvertisingInjury– BroadenedEviction
H. Waiverof Subrogation– Blanket
I. BLANKETADDITIONALINSUREDPROVISIONS
A. ADDITIONALINSURED– BLANKETVENDORS
Who Is An Insuredis amendedto includeas an additionalinsured any person or organization(referredto below as vendor) with whom you agreed under a "written contract" to provide insurance, but only with respect to "bodily injury" or "propertydamage" arising out of "your products" which are distributedor sold in the regular courseof the vendor'sbusiness,subjectto the followingadditionalexclusions:
1. The insuranceaffordedthe vendordoes not apply to:
a. "Bodilyinjury" or "propertydamage" for which the vendoris obligatedto pay damagesby reasonof the assumptionof liability in a contract or agreement.This exclusion does not apply to liability for damages that the vendorwould have in the absenceof the contractor agreement; b. Any expresswarrantyunauthorizedby you;
c. Any physicalor chemicalchangein the productmadeintentionallyby the vendor; d. Repackaging,except when unpackedsolely for the purposeof inspection,demonstration,testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container;
e. Any failure to make such inspections,adjustments,tests or servicingas the vendor has agreed to make or normallyundertakesto make in the usual courseof business,in connectionwith the distributionor sale of the products;
f. Demonstration, installation, servicing or repair operations, except such operations performed at the vendor'spremisesin connectionwith the sale of the product; g. Productswhich, after distributionor sale by you, have been labeled or relabeledor used as a container, part or ingredientof any other thing or substanceby or for the vendor;or SB146932G(10-19) Page1 of 7
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(Ed. 10-19)
h. "Bodilyinjury" or "propertydamage" arising out of the sole negligenceof the vendor for its own acts or omissionsor those of its employeesor anyoneelse actingon its behalf.However,this exclusiondoes not apply to:
(1) The exceptionscontainedin Subparagraphsd. or f.; or (2) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakesto make in the usual courseof business,in connectionwith the distributionor sale of the products.
2. This insurance does not apply to any insured person or organization,from whom you have acquired such products,or any ingredient,part or container,enteringinto, accompanyingor containingsuch products.
3. This provision2. does not apply to any vendor included as an insured by an endorsementissued by us and madea part of this Policy.
4. This provision 2. does not apply if "bodily injury" or "property damage" included within the "products- completedoperationshazard" is excludedeitherby the provisionsof the Policyor by endorsement.
B. MISCELLANEOUSADDITIONALINSUREDS
1. Who Is An Insured is amended to include as an insured any person or organization (called additional insured) described in paragraphs 3.a. through 3.j. below whom you are required to add as an additional insuredon this policy undera "writtencontract."
2. However,subject always to the terms and conditionsof this policy, including the limits of insurance,we will not providethe additionalinsuredwith:
a. A higherlimit of insurancethan requiredby such "writtencontract;" b. Coveragebroaderthan requiredby such "written contract" and in no event greater than that described by the applicableparagrapha. throughk. below;or
c. Coverage for "bodily injury" or "property damage" included within the "products-completed operationshazard." But this paragraph c. does not apply to the extent coverage for such liability is providedby paragraph3.j. below.
Any coveragegrantedby this endorsementshall apply only to the extentpermittedby law.
3. Only the followingpersonsor organizationscan qualifyas additionalinsuredsunderthis endorsement:
a. ControllingInterest
Any personsor organizationswith a controllinginterestin you but only with respectto their liability arising out of:
(1) such personor organization'sfinancialcontrolof you; or (2) Premisessuch person or organizationowns, maintainsor controls while you lease or occupy these premises;
provided that the coverage granted to such additional insureds does not apply to structural alterations, new constructionor demolitionoperationsperformedby or for such additionalinsured. b. Co-ownerof InsuredPremises
A co-ownerof a premisesco-ownedby you and coveredunder this insurancebut only with respectto the co-ownersliability for "bodily injury," "propertydamage" or "personaland advertisinginjury" as co- ownerof such premises.
c. Grantorof Franchise
Any person or organizationthat has granted a franchiseto you, but only with respect to such person or organization'sliability for "bodily injury," "propertydamage," or "personaland advertisinginjury" as grantorof a franchiseto you.
SB146932G(10-19) Page2 of 7
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DocuSign Envelope ID: E1578C95-27F1-469B-B3B7-B336D5D34A97 SB146932G
(Ed. 10-19)
d. Lessorof Equipment
Any person or organizationfrom whom you lease equipment,but only with respect to liability for "bodily injury," "property damage" or "personal and advertisinginjury" caused in whole or in part by your maintenance,operation or use of such equipment, provided that the "occurrence" giving rise to such "bodily injury" or "property damage" or the offense giving rise to such "personal and advertising injury" takes place prior to the terminationof such lease. e. Lessorof Land
Any personor organizationfrom whomyou lease land, but only with respectto liability for "bodilyinjury," "propertydamage" or "personaland advertisinginjury" arising out of the ownership,maintenanceor use of that specific part of the land leased to you, provided that the "occurrence" giving rise to such "bodily injury" or "property damage" or the offense giving rise to such "personal and advertising injury," takes place prior to the terminationof such lease.The insuranceherebyaffordedto the additional insured does not apply to structuralalterations,new constructionor demolitionoperationsperformedby, on behalfof or for such additionalinsured.
f. Lessorof Premises
An owner or lessor of premises leased to you, or such owner or lessor's real estate manager,but only with respect to liability for "bodily injury," "property damage" or "personal and advertising injury" arising out of the ownership, maintenance or use of such part of the premises leased to you, and provided that the "occurrence" giving rise to such "bodily injury" or "propertydamage" or the offense giving rise to such "personaland advertisinginjury," takes place prior to the terminationof such lease.
The insurance hereby afforded to the additional insured does not apply to structural alterations, new constructionor demolitionoperationsperformedby, on behalfof or for such additionalinsured. g. Mortgagee,Assigneeor Receiver
A mortgagee,assignee or receiver of premises but only with respect to such mortgagee, assignee, or receiver's liability for "bodily injury," "propertydamage" or "personal and advertisinginjury" arising out of the ownership,maintenance,or use of a premisesby you.
This insurance does not apply to structural alterations, new construction or demolition operations performedby, on behalfof or for such additionalinsured. h. Stateor PoliticalSubdivisions
A state or government agency or subdivision or political subdivision that has issued a permit or authorization,but only with respect to such governmentagency or subdivision or political subdivision's liabilityfor "bodilyinjury," "propertydamage" or "personaland advertisinginjury" arisingout of:
(1) The following hazards in connection with premises you own, rent, or control and to which this insuranceapplies:
(a) The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoistaway openings,sidewalkvaults,streetbanners,or decorationsand similarexposures;or (b) The construction,erection,or removalof elevators;or (c) The ownership,maintenanceor use of any elevatorscoveredby this insurance;or (2) The permittedor authorizedoperationsperformedby you or on your behalf.But the coveragegranted by this paragraphdoes not apply to:
(a) "Bodily injury", "property damage" or "personal and advertising injury" arising out of operationsperformedfor the state or governmentagency or subdivisionor political subdivision; or
(b) "Bodily injury" or "property damage" included within the "products-completedoperations hazard."
With respect to this provision's requirement that additional insured status must be requested under a "writtencontract," we will treat as a "writtencontract" any governmentalpermitthat requiresyou to add the governmentalentity as an additionalinsured.
SB146932G(10-19) Page3 of 7
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DocuSign Envelope ID: E1578C95-27F1-469B-B3B7-B336D5D34A97 SB146932G
(Ed. 10-19)
i. TradeShowEventLessor
With respect to your participation in a trade show event as an exhibitor, presenter or displayer, any personor organizationwhomyou are requiredto includeas an additionalinsured,but only with respectto such person or organization's liability for "bodily injury," "property damage," or "personal and advertisinginjury" causedby:
a. Your acts or omissions;or
b. Acts or omissionsof those actingon your behalf;
in the performanceof your ongoingoperationsat the trade show premisesduringthe trade show event. j. OtherPersonor Organization
Any person or organizationwho is not an additionalinsured under paragraphsa. throughi. above. Such additional insured is an insured solely for "bodily injury," "property damage" or "personal and advertisinginjury" for which such additionalinsuredis liable becauseof your acts or omissions.
The coveragegrantedby this paragraphdoes not apply to any personor organization:
(1) For "bodily injury," "property damage," or "personal and advertisinginjury" arising out of the renderingor failureto renderany professionalservices;
(2) For "bodily injury" or "property damage" included in the "products-completedoperations hazard." But this provision(2) does not apply to such "bodilyinjury" or "propertydamage" if:
(a) It is entirely due to your negligence and specifically results from your work for the additional insuredwhich is the subjectto the "writtencontract"; and (b) The "writtencontract" requiresyou to make the personor organizationan additionalinsuredfor such "bodilyinjury" or "propertydamage"; or
(3) Who is affordedadditionalinsuredcoverageunderanotherendorsementattachedto this policy.
C. ADDITIONALPROVISIONSPERTINENTTO ADDITIONALINSUREDCOVERAGE
1. With respectonly to additionalinsuredcoverageprovidedunderparagraphsA. and B. above:
a. The BUSINESSOWNERSCOMMON POLICY CONDITIONSare amended to add the following to the ConditionentitledOtherInsurance:
This insurance is excess of all other insurance available to an additional insured whether primary, excess,contingentor on any other basis. However,if a "writtencontract" requiresthat this insurancebe either primary or primary and noncontributing,then this insurance will be primary and non-contributory relativesolely to insuranceon which the additionalinsuredis a namedinsured. b. UnderLiabilityand MedicalExpenseDefinitions, the followingdefinitionis added:
"Written contract" means a written contract or agreement that requires you to make a person or organizationan additionalinsuredon this policy,providedthe contractor agreement:
(1) Is currentlyin effect or becomeseffectiveduringthe term of this policy;and (2) Was executedprior to:
(a) The "bodilyinjury" or "propertydamage;" or
(b) The offensethat causedthe "personaland advertisinginjury"; for which the additionalinsuredseeks coverage.
2. With respect to any additionalinsured added by this endorsementor by any other endorsementattached to this CoveragePart, the sectionentitledWhoIs An Insuredis amendedto make the followingnaturalpersons insureds.
If the additionalinsuredis:
a. An individual,then his or her spouseis an insured;
SB146932G(10-19) Page4 of 7
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(Ed. 10-19)
b. A partnershipor joint venture,then its partners,membersand their spousesare insureds; c. A limitedliabilitycompany,then its membersand managersare insureds; d. An organization other than a partnership, joint venture or limited liability company, then its executive officers,directorsand shareholdersare insureds;or
e. Any type of entity,then its employeesare insureds;
but only with respectto locationsand operationscoveredby the additionalinsuredendorsement'sprovisions, and only with respect to their respective roles within their organizations. Furthermore, employees of additionalinsuredsare not insuredswith respectto liabilityarisingout of:
(1) "Bodily injury" or "personaland advertisinginjury" to any fellow employee or to any natural person listed in paragraphsa. throughd. above;
(2) "Propertydamage" to propertyowned,occupiedor used by their employeror by any fellow employee;or (3) Providingor failing to provideprofessionalhealthcare services.
II. LIABILITYEXTENSIONCOVERAGES
It is understoodand agreed that this endorsementamends the BusinessownersLiability Coverage Form. If any other endorsementattached to this policy amends any provision also amendedby this endorsement,then that other endorsementcontrolswith respectto such provision,and the changesmadeby this endorsementto such provisiondo not apply.
A. Bodilyinjury– ExpandedDefinition
Under Liabilityand Medical ExpensesDefinitions, the definition of "Bodily injury" is deleted and replaced by the following:
"Bodily injury" means physical injury, sickness or disease sustained by a person, including death, humiliation, shock,mentalanguishor mentalinjury by that personat any time which results as a consequenceof the physical injury,sicknessor disease.
B. BroadKnowledgeof Occurrence
Under BusinessownersLiability Conditions, the Condition entitled Duties In The Event of Occurrence,Offense, Claim or Suit is amendedto add the following:
Paragraphsa. and b. above apply to you or to any additional insured only when such "occurrence," offense, claim or "suit" is knownto:
(1) You or any additionalinsuredthat is an individual;
(2) Any partner,if you or an additionalinsuredis a partnership; (3) Any manager,if you or an additionalinsuredis a limitedliabilitycompany; (4) Any "executiveofficer" or insurancemanager,if you or an additionalinsuredis a corporation; (5) Any trustee,if you or an additionalinsuredis a trust; or (6) Any electedor appointedofficial,if you or an additionalinsuredis a politicalsubdivisionor public entity.
This paragraphappliesseparatelyto you and any additionalinsured.
C. Estates,LegalRepresentativesand Spouses
The estates, heirs, legal representativesand spouses of any natural person insured shall also be insured under this policy;provided,however,coverageis affordedto such estates,heirs, legal representativesand spousesonly for claims arising solely out of their capacity as such and, in the case of a spouse, where such claim seeks damages from marital common property, jointly held property, or property transferredfrom such natural person insured to such spouse. No coverage is provided for any act, error or omission of an estate, heir, legal representativeor spouseoutsidethe scope of such person'scapacityas such, providedhoweverthat the spouse of a natural person Named Insured and the spouses of members or partners of joint venture or partnership NamedInsuredsare insuredswith respectto such spouses'acts, errorsor omissionsin the conductof the Named Insured'sbusiness.
SB146932G(10-19) Page5 of 7
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50020005060200673503552
DocuSign Envelope ID: E1578C95-27F1-469B-B3B7-B336D5D34A97 SB146932G
(Ed. 10-19)
D. FellowEmployeeFirstAid Coverage
In the sectionentitledWhoIs An Insured, paragraph2.a.1.is amendedto add the following:
The limitations described in subparagraphs2.a.1.(a), (b) and (c) do not apply to your "employees" for "bodily injury" that results from providingcardiopulmonaryresuscitationor other first aid services to a co-"employee" or "volunteerworker" that becomesnecessarywhile your "employee" is performingduties in the conduct of your business. Your "employees" are hereby insureds for such services. But the insured status conferred by this provision does not apply to "employees" whose duties in your business are to provide professionalhealth care servicesor healthexaminations.
E. LegalLiability– DamageTo Premises
1. UnderB. Exclusions,1. Applicableto BusinessLiabilityCoverage, Exclusionk. DamageTo Property, is replacedby the following:
k. DamageTo Property
"Propertydamage" to:
1. Property you own, rent or occupy, including any costs or expenses incurred by you, or any other person, organizationor entity, for repair, replacement,enhancement,restorationor maintenanceof such property for any reason, including prevention of injury to a person or damage to another's property;
2. Premisesyou sell, give away or abandon,if the "propertydamage" arises out of any part of those premises;
3. Propertyloanedto you;
4. Personalpropertyin the care, custodyor controlof the insured;
5. That particularpart of any real property on which you or any contractorsor subcontractorsworking directlyor indirectlyin your behalf are performingoperations,if the "propertydamage" arises out of those operations;or
6. That particularpart of any propertythat must be restored,repairedor replacedbecause"your work" was incorrectlyperformedon it.
Paragraph2 of this exclusiondoes not apply if the premisesare "your work" and were never occupied, rentedor held for rentalby you.
Paragraphs1, 3, and 4, of this exclusiondo not apply to "propertydamage" (other than damage by fire or explosion)to premises:
(1) rentedto you:
(2) temporarilyoccupiedby you with the permissionof the owner,or (3) to the contentsof premisesrentedto you for a periodof 7 or fewer consecutivedays.
A separatelimit of insuranceappliesto DamageTo PremisesRentedTo You as describedin SectionD – Liabilityand MedicalExpensesLimits of Insurance.
Paragraphs3, 4, 5, and 6 of this exclusiondo not apply to liabilityassumedundera sidetrackagreement.
Paragraph 6 of this exclusion does not apply to "property damage" included in the "products- completedoperationshazard."
2. UnderB. Exclusions, 1. Applicableto BusinessLiabilityCoverage, the followingparagraphis added,and replaces the similar paragraph, if any, beneath paragraph (14) of the exclusion entitled Personal and AdvertisingInjury:
Exclusionsc, d, e, f, g, h, i, k, l, m, n, and o, do not apply to damageby fire to premiseswhile rented to you or temporarilyoccupiedby you with permissionof the owneror to the contentsof premisesrentedto you for a period of 7 or fewer consecutivedays. A separatelimit of insuranceapplies to this coverageas describedin SectionD. LiabilityAnd MedicalExpensesLimitsOf Insurance.
SB146932G(10-19) Page6 of 7
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(Ed. 10-19)
3. The first Paragraph under item 5. Damage To Premises Rented To You Limit of the section entitled LiabilityAnd MedicalExpensesLimitsOf Insuranceis replacedby the following:
The most we will pay under Business Liability for damages because of "property damage" to any one premises, while rented to you or temporarily occupied by you with the permission of the owner, including contents of such premises rented to you for a period of 7 or fewer consecutive days, is the Damage to PremisesRentedto You Limit. The Damageto PremisesRentedto You Limit is the greaterof:
a. $1,000,000;or
b. The Damageto PremisesRentedto You Limit shownin the Declarations.
F. Personaland AdvertisingInjury– Discriminationor Humiliation
1. Under Liability and Medical ExpensesDefinitions, the definition of "personal and advertisinginjury" is amendedto add the following:
h. Discriminationor humiliationthat resultsin injury to the feelingsor reputationof a naturalperson,but only if such discriminationor humiliationis:
(1) Not done intentionallyby or at the directionof:
(a) The insured;or
(b) Any "executiveofficer," director,stockholder,partner,memberor manager(if you are a limited liabilitycompany)of the insured;and
(2) Not directly or indirectly related to the employment,prospective employment,past employmentor terminationof employmentof any personor personby any insured.
2. Under B. Exclusions,1. Applicableto BusinessLiabilityCoverage, the exclusion entitled Personaland AdvertisingInjuryis amendedto add the followingadditionalexclusions:
(15)DiscriminationRelatingto Room,Dwellingor Premises
Causedby discriminationdirectlyor indirectlyrelatedto the sale, rental,lease or sub-leaseor prospective sale, rental,lease or sub-leaseof any room,dwellingor premisesby or at the directionof any insured. (16)EmploymentRelatedDiscrimination
Discriminationor humiliation directly or indirectly related to the employment, prospective employment, past employmentor terminationof employmentof any personby any insured. (17)Finesor Penalties
Fines or penaltieslevied or imposedby a governmentalentity becauseof discrimination.
3. This provision (Personal and Advertising Injury – Discrimination or Humiliation) does not apply if Personal and Advertising Injury Liability is excluded either by the provisions of the Policy or by endorsement.
G. Personaland AdvertisingInjury- BroadenedEviction
Under Liability and Medical Expenses Definitions, the definition of "Personal and advertising injury" is amendedto deleteParagraphc. and replaceit with the following:
c. The wrongful eviction from, wrongful entry into, or invasion of the right of private occupancy of a room dwelling or premisesthat a person or organizationoccupiescommittedby or on behalf of its owner, landlord or lessor.
H. Waiverof Subrogation– Blanket
We waive any right of recoverywe may have against:
a. Any personor organizationwith whomyou have a writtencontractthat requiressuch a waiver.
All other termsand conditionsof the Policyremainunchanged.
SB146932G(10-19) Page7 of 7
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50020005060200673503553
DocuSign Envelope ID: E1578C95-27F1-469B-B3B7-B336D5D34A97 Business Auto Policy
Policy Endorsement
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY
AGAINST OTHERS TO US (WAIVER OF SUBROGATION)
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
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: WITTMAN ENTERPRISES LLC
Endorsement Effective Date: 07/01/2023
SCHEDULE
Name(s) Of Person(s) Or Organization(s):
CITY OF MONROVIA
CITY OF BEVERLY HILLS
CITY OF ALAMEDA
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.
BUA 6020067395
Endorsement No: 3; Page: 1 of 1 Policy Page: 36 of 73
Underwriting Company: National Fire Insurance Company of Hartford, 151 N Franklin St, Chicago, IL 60606
Form No: CA 04 44 10 13
Endorsement Effective Date:
Policy No:
Policy Effective Date: 07/01/2023Endorsement Expiration Date:
© Copyright Insurance Services Office, Inc., 2011
DocuSign Envelope ID: E1578C95-27F1-469B-B3B7-B336D5D34A97