Agenda Item B.8
CPMS CONSENT CALENDAR
Meeting Date: December 6, 2022
TO: Mayor and Councilmembers
FROM: Kelly Hoover, Community Relations Manager/PIO
CONTACT: Jaime Shaw, Management Assistant
SUBJECT: Main Street Banners USA Amendment No. 3 for Fiscal Years 2022/23 and 2023/24 Banner Program
RECOMMENDATION:
Authorize the City Manager to execute Amendment No. 3 to the General Services Agreement No. 2019 -082 between the City of Goleta and Wonderful Things Inc. (dba Main Street Banner USA) for street banner and A -Frame services, for a not -to-exceed amount of $208,200 and a termination date of June 30, 2024.
BACKGROUND:
Main Street Banners (MSB) has continually produced, stored, cleaned, serviced, installed, and rotated out the City street light post banners going back to 2010.
The City of Goleta has a total of 80 banner locations in Old Town, the Calle Real/Fairview, and Storke/Hollister shopping areas. In September of 2019, Council approved Agreement No. 2019-082 with Main Street Banner USA (MSB) for street banner services for Fiscal Years 2019/20 and 2020/21 with a not -to-exceed amount of $60,000 and a termination date of June 30, 2021.
In June of 2021, the City Manager authorized Amendment No. 1 to extend the term of the agreement to August 30, 2021, with no additional compensation. In August of 2021, Amendment No. 2 was authorized by the City Manager for a not -to-exceed amount of $121,200, and a new termination date of June 30, 2023. Agreement No. 2019-082 and Amendment Nos. 1 and 2 are included in Attachment 2.
The Community Relations Division took over the City’s contract with Main Street Banners beginning July 1, 2022. The current agreement is for rotating the 80 light post banners five times per year and one -time costs for replacing damaged/missing banners and missing/broken brackets. Due to wanting to expand the scope of work the City does with Main Street Banners to include the printing of new light post banners and A-Frame signs to increase our community outreach of City programs and events , staff is requesting to 1 Meeting Date: December 6, 2022
increase the not-to-exceed amount to $208,200 and extend the agreement through June 30, 2024.
DISCUSSION:
Light post banners and A -Frame signs are a great tool for community outreach. Most of the City’s light post banners are outdated and need replacing. Over the next two fiscal years the Community Relations Division plans to design and print new light post banners that promote City programs and events. Examples of recent new banners have included:
Make Goleta Count ( 2020 Census), Goleta’s 20 -Year Anniversary, and the Election.
Some banners are for one-time public information campaigns, but others can be designed to be able to be reused (e.g., our new Election banners can be reused every two years).
Staff propose to update the existing agreement/relationship with Main Street Banners to include the printing of new light post banners regularly.
In addition to new light post banners, the City has also been utilizing A -Frame signs around town. A-Frame signs are very effective and easily changeable. Main Street Banners also prints A-Frame signs. Staff propose to include this as a new scope of work under the agreement through Amendment No. 3 to the General Services Agreement No. 2019-082 for Fiscal Year (FY) 2022/23, and to add one more year under the Agreement for FY 2023/24.
The following summarizes the main aspects of the General Services Agreem ent with MSB, with Amendment No. 3:
Streetlight banner installations (80 total) are located in the following areas of town:
o Streetlights along Hollister Avenue in Old Town between Fairview Avenue and Highway 217 (30 locations)
o Streetlights along Calle Real between N. Kellogg Ave and N. Fairview Ave (30 locations)
o Streetlights approaching the Storke and Hollister intersection (20 locations)
Banner rotations for all 80 locations with five rotations per fiscal year.
MSB shall store all City -owned banners in a secure, indoor location and shall maintain banners in good condition, notwithstanding normal “wear and tear.”
Includes the cost for printing 120 new light post banners in FY 22/23 ($26,829.75) and 80 new light post banners in FY 23/24 ($17,886.50).
Includes the cost of 120 A -Frame signs in FY 22/23 ($5,553.45) and FY 23/24 ($5,553.45).
Includes one-time costs for replacement/repair of damaged/missing banners/brackets in the amount of $4,524.95 in FY 23/34.
2 Meeting Date: December 6, 2022
Includes a contingency of approximately $1,862 per year for the replacement of hardware, including straps and brackets, if needed.
FISCAL IMPACTS:
The existing agreement included $30,600 in FY/22/23 for the baseline banner program.
The added scope of work in FY 22/23 will require additional funds in the amount of $33,557.45, for a total of $64,157.45. However, no additional appropriation is needed to fund the cost of these additional services. Community Relations will use remaining funds from the Neighborhood Services budget from its agreement with Main Street Banners for FY 21/22 ($10,507.18) and will use existing funds from its Professional Services account (101-10-1500-51012) to cover the added scope of work costs.
For Fiscal Year 2023/24, the Community Relations Division will budget for the new annual amount which comes to $53,295.25.
ALTERNATIVES:
Council could decline to approve Amendment No. 3 which would prevent the City from purchasing new and improved light post banners a nd A -Frames which are used to promote City programs and events.
Reviewed By: Legal Review By: Approved By:
___________________ ___________________ _________________ Kristine Schmidt Megan Garibaldi Robert Nisbet
Assistant City Manager City Attorney City Manager
ATTACHMENTS:
1. Amendment No. 3 to Agreement 2019-082 Between the City of Goleta and Main Street Banner USA
2. General Services Agreement No. 2019-082 Between the City of Goleta and Main Street Banner USA for Street Banner Services and Amendments No.1 and No. 2 3 ATTACHMENT 1
Amendment No. 3 to Agreement 2019-082 Between the City of Goleta and Main Street Banner USA
4 DOCUMENT ROUTING AND APPROVAL FORM
Requires Council Approval:
☐ NO
☐ YES
Meeting Date:
Requires Vendor Set-up:
☐ NO
☐ YES
If no, Vendor Number:
Director Level Approval:
☐
☐ YES
Site Authority:
Provide summary of agreement below:
Document Name and Type: Project Name:
Vendor Name:
Contact Person:
Address:
Phone Number:
Email Address:
Business License Number:
City Project Manager:
Contact Number:
Email Address:
Staff Routing Agreement:
Contact Number:
Email Address:
AMOUNT NOT TO EXCEED: ON CALL SERVICES? ☐ ☐YES
**On call services require one spreadsheet to track multiple PO’s COUNCIL APPROPRIATION NEEDED: ☐NO ☐YES*
*May require Purchasing Officer’s override to input Requisition
ROUTING PROCESS DESCRIPTION DATE INITIAL
Department Head
Initiation
Authority to initiate agreement
Risk Manager Staff to initiate review of insurance provision in agreement City Attorney Contract review/Approve as form
Finance Director,
Purchasing Officer
Funding Methods Approved/
Authorized, Purchase
Requisition reviewed.
Requisition Number:
Vendor Staff sends agreement to vendor via DocuSign for electronic signature and requests Insurance documents.
Staff (DocuSign User) Staff receives a copy of the electronically signed agreement and insurance documents from vendor.
Risk Manager Risk Management shall rate Insurance and provide documents to Project Manager upon approval
City Manager City Manager will approve and sign the agreement.
City Clerk City Clerk will approve and sign the agreement.
Vendor Staff will assign the vendor to receive a fully executed copy of the agreement via DocuSign.
Staff will assign City Clerk Group ([email protected]) to receive a fully executed copy of the agreement via DocuSign.
PLEASE RETURN SIGN
ED DOCUMENTS TO THE CITY CLERK’S OFFICE
BELOW FOR CITY CLERK PROCESSING ONLY
FINALIZED ON: INITIAL RESOLUTION NO
(IF APPLICABLE)
FILE NUMBER
City Clerk Group
December 6, 2022 000080
Adding scope of work/additional funds to banner rotation agreement to also include the printing of lightpost banners and A-Frame signs; extending the agreement by one year (through June 30, 2024).
Amendment No. 3 to a General Services Agreement
Banner Program
$208,200
✔
Main Street Banners
Jonathan Alburger
5095 Sixth St., Carpinteria, CA 93013
805-668-1945
[email protected]
2021-0080
Kelly Hoover
805-961-7507
[email protected]
Jaime Shaw
805-961-7508
[email protected]
DocuSign Envelope ID: 4757F701-0AFB-43BC-8C3A-E343FB17BDCD 11/2/2022
11/4/2022
5 City of Goleta
Amendment No. 3 to Agreement No. 2019-082
AMENDMENT NO. 3
TO A GENERAL SERVICES AGREEMENT
BETWEEN THE CITY OF GOLETA
AND
WONDERFUL THINGS, INC. DBA MAIN STREET BANNER USA
This Amendment No. 3 to the General Services Agreement Agreement by and between the City of Goleta, a municipal corporation (“City”) and WONDERFUL THINGS, INC. (“Service Provider) dated September 17, 2019 (“Agreement,” Agreement No. 2019- 082) is made on this _____ day of ___, 2022.
SECTION A. RECITALS
1. This Agreement is for banners and associated hardware for banner installation and rotation services; and
2. This Agreement has been amended to extend the termination date to August 30, 2021 (Amendment No. 1); and
3. This Agreement has been amended to extend the termination date to June 30, 2023, and add additional funds in the amount of $61,200 (Amendment No. 2); and
4. The Agreement currently provides in Section 3 Subsection (a) for the total compensation amount not to exceed $121,200; and
5. The parties desire to amend the Agreement so as to provide for additional compensation in the amount of $87,000 for continued and additional tasks; and
6. The Agreement currently provides in Section 6 for the termination of the Agreement on June 30, 2023; and
7. The parties desire to amend the Agreement so as to extend the termination of the Agreement to June 30, 2024; and
8. The Agreement currently provides in Exhibit A entitled “Scope of Work” the complete and particular description of services; and
9. The parties desire to amend Exhibit A by adding additional services as more completely and particularly set forth in the Scope of Work, attached as Exhibit "A-2"; and
10. The City Council approved this Amendment No. 3, on this _____ day of ____, 20_____.
SECTION B. AMENDED TERMS
DocuSign Envelope ID: 4757F701-0AFB-43BC-8C3A-E343FB17BDCD 6 City of Goleta
Amendment No. 3 to Agreement No. 2019-082
Now therefore City and Consultant agree as follows that the Agreement be, and hereby is, amended as follows:
1. Subsection (a) of Section 3. COMPENSATION AND PAYMENT of the Agreement is amended to add an additional authorized amount of $87,000 and to read in its entirety:
(a) Maximum and Rate. The total compensation payable to SERVICE PROVIDER by CITY for the services under this AGREEMENT
SHALL NOT EXCEED the sum of ($208,200) (herein "not-to-exceed amount") and shall be earned as the work progresses.
Hourly at the hourly rates and with reimbursement to
CONSULTANT for those expenses set forth in
CONSULTANT's Schedule of Fees marked Exhibit "B,"
attached and incorporated herein. The rates and expenses set forth in that exhibit shall be binding upon CONSULTANT until June 30, 2024, after which any change in said rates and expenses must be approved in writing by CITY's Project
Manager as described in Section 5 (CITY is to be given 60 days notice of any rate increase request), provided the not to exceed amount is the total compensation due CONSULTANT
for all work described under this AGREEMENT.
2. Section 6. TERM, PROGRESS AND COMPLETION of the Agreement is amended to extend the term for an additional one year to read in its entirety.
The term of this Agreement is from the date first written above to June 30, 2024, unless the term of this Agreement is extended or the Agreement is terminated as provided for herein.
CONSULTANT shall not commence work on the services to be performed until (i) CONSULTANT furnishes proof of insurance as required by Section 10 below, and (ii) CITY gives written authorization to proceed with the work provided by CITY’s Project Manager. All services shall be completed within the term of this Agreement following the notice to proceed.
3. This Agreement is amended to delete and replace in its entirety:
Exhibit A “Scope of Work ” with Exhibit A-2 “Scope of Work” attached hereto and incorporated herein.
4. Except as otherwise specifically provided herein, all other provisions of the Agreement shall remain in full force and effect
DocuSign Envelope ID: 4757F701-0AFB-43BC-8C3A-E343FB17BDCD 7 City of Goleta
Amendment No. 3 to Agreement No. 2019-082
In concurrence and witness whereof, this Amendment No. 3 has been executed by the parties effective on the date and year first above written.
CITY OF GOLETA SERVICE PROVIDER
____________________________ ______________________________ Robert Nisbet, City Manager Name, Title
ATTEST:
_____________________________ ______________________________ Deborah Lopez, City Clerk Name, Title
APPROVED AS TO FORM:
MEGAN GARIBALDI, CITY ATTORNEY
_____________________________
Winnie Cai, Assistant City Attorney
DocuSign Envelope ID: 4757F701-0AFB-43BC-8C3A-E343FB17BDCD 8 Exhibit A-2
A. Banner Locations
EXISTING 80 Locations at Calle Real, Old Town, and Storke/Hollister
Street light banner installations shall include all street lights along Hollister Avenue in Old Town between Fairview Avenue and Highway 217 (“Old Town,” 30 locations) as well as all street lights along Calle Real between N. Kellogg Ave and N. Fairview Ave (“Calle Real,” 30 locations) as depicted in the map below totaling 60 locations.
DocuSign Envelope ID: 4757F701-0AFB-43BC-8C3A-E343FB17BDCD 9 Street light banner installations shall include select street lights along Storke Road between Hollister Avenue and Phelps Road as well as select street lights along Hollister Avenue between Cortona Drive and Pacific Oaks Road as generally depicted in the map below totaling 20 locations.
B. Banner Rotations
Rotations shall occur as follows for all 80 locations at $5598.60 per rotation or at 40 locations for $4,478.00 per rotation. Changes can be made at client’s request.
FISCAL YEAR 2022-23
Rotation (September 30, 2022)
Switch out “Lemon Festival” banners to “Welcome to Goleta/Old Town” banners
Rotation (November 16, 2022)
Switch out “Welcome to Goleta/Old Town” banners to “Shop Local Goleta and Happy Holidays” banners
Rotation (January 9, 2023)
Switch out “Shop Local Goleta and Happy Holidays” banners to “Welcome to Goleta/Old Town” banners
Rotation (March 20, 2023)
Switch out “Welcome to Goleta/Old Town” banners to “Shop Local Goleta and Spring Flowers” banners
DocuSign Envelope ID: 4757F701-0AFB-43BC-8C3A-E343FB17BDCD 10 Rotation (June 20, 2023)
Switch out “Shop Local Goleta and Spring Flowers” banners to “Summer Suns” banners
All installations shall occur within 72 hours of specified dates. Banner designs and Bracket information are depicted in Section F.
FISCAL YEAR 2023-24
Five rotations TBD on theme and timing.
C. Replacement of Brackets and Banners
Installation of new BANNER-SAVER Spring Systems Brackets and/or strapping (inclusive of needed hardware, taxes and labor) at the 80 Locations identified in Section A is needed at two locations and more will be needed over time. It is recommended to plan for eight sets between this fiscal year and next. Brackets costs have increased to $175.00 each plus tax. Labor to install each bracket is $105.00 at each location. The total comes to $1,508.50 for the brackets and $840 for the labor, for a grand total of $2,348.50 over two fiscal years.
Up to 15 existing banners have reached their useful life and will need replacement. Each new matching banner will be provided at $207.38 plus tax.
Banner designs and bracket information are depicted in Section I.
The costs for the replacement of 15 banners at various locations throughout the City total $3,351.70.
D. Printing of New Banners
The cost to print brand-new banners is $207.30 each plus tax.
E. Printing of New A-Frame Signs
The cost to print A-Frame signs is $42.95 each plus tax, with a minimum order of 20 signs.
F. Banner Storage
Service Provider shall store all City-owned banners in a secure, indoor location and shall maintain banners in good condition, notwithstanding normal “wear and tear.
G. Program Cost Additions FY 22/23
This chart is only for the new expenses and does not include the rotation of the light post banners since that is currently part of the agreement.
DocuSign Envelope ID: 4757F701-0AFB-43BC-8C3A-E343FB17BDCD 11 One-time costs for replacing brackets as presented in Exhibit A Section C Units Unit Price Tax Amount
Brackets for New Locations (n/a) 4 $ 175.00 $ 13.56 $ 754.25 Bracket labor installation for New Locations (n/a) 4 $ 105.00 n/a $ 420.00 Subtotal $ 1,174.25
Cost for Printing New Light Post Banners as presented in Exhibit D Units Unit Price Tax Amount
New Light Post Banner A 40 $207.38 7.75% $ 8,943.25
New Light Post Banner B 40 $207.38 7.75% $ 8,943.25
New Light Post Banner C 40 $207.38 7.75% $ 8,943.25
Subtotal $ 26,829.75
Cost for Printing A-Frame Signs as presented in Exhibit E Units Unit Price Tax Amount
A-Frame Signs A 40 $42.95 7.75% $ 1,851.15
A-Frame Signs B 40 $42.95 7.75% $ 1,851.15
A-Frame Signs C 40 $42.95 7.75% $ 1,851.15
Subtotal $ 5,553.45
TOTAL Anticipated Cost of the Additional Scope of Work $ 33,557.45
H. Program Cost FY 23/24
Recurring costs for banner rotations at all 80 locations as presented in Exhibit A Section B Units Unit Price Tax Amount
Rotations for the existing 80 locations 5 $5,598.60 n/a $ 27,993.00 Subtotal $ 27,993.00
One-time costs for replacement/repair of damaged/missing banners/brackets as presented in Exhibit A Section C Units Unit Price Tax Amount
Banners, replace those that are cracking/ripping 15 $ 207.38 $ 16.07 $ 3,351.70 Brackets for New Locations (n/a) 4 $ 175.00 $ 13.56 $ 754.25 Bracket labor installation for New Locations (n/a) 4 $ 105.00 n/a $ 420.00 Subtotal $ 4,525.95
Cost for Printing New Light Post Banners as presented in Exhibit D Units Unit Price Tax Amount
New Light Post Banner A 40 $207.38 7.75% $ 8,943.25
New Light Post Banner B 40 $207.38 7.75% $ 8,943.25
Subtotal $ 17886.50
Cost for Printing A-Frame Signs as presented in Exhibit E Units Unit Price Tax Amount
A-Frame Signs A 40 $42.95 7.75% $ 1,851.15
A-Frame Signs B 40 $42.95 7.75% $ 1,851.15
A-Frame Signs C 40 $42.95 7.75% $ 1,851.15
Subtotal $ 5,553.45
TOTAL Anticipated Cost of the Program with replacement banners $ 51,432.95 Additional Contingency for brackets/banner repair and/or replacement $ 1,862.30 DocuSign Envelope ID: 4757F701-0AFB-43BC-8C3A-E343FB17BDCD 12 TOTAL Not-to-Exceed $ 53,295.25
Total cost of above Program with additions to current FY agreement (FY 22/23) and extended agreement for FY 23/24, including all labor, materials and taxes, and a nominal contingency is not to exceed $87,000. Note that this price includes all on-going inspections of brackets, straps and hardware with each banner rotation, on-going storage and cleaning of banners, as well as a small contingency for the replacement of defective hardware, including straps and brackets, and any additional banners if needed.
SCROLL TO SECTION I ON NEXT PAGE
DocuSign Envelope ID: 4757F701-0AFB-43BC-8C3A-E343FB17BDCD 13 I. Banner Designs:
“Welcome to Old Town/Goleta” “Summer Suns”
“Happy Holidays” “Spring Flowers”
“Shop Local Goleta” 20-Year Anniversary Election-Theme
DocuSign Envelope ID: 4757F701-0AFB-43BC-8C3A-E343FB17BDCD 14 ATTACHMENT 2
General Services Agreement No. 2019-082 Between the City of Goleta and Main Street Banner USA for Street Banner Services and Amendments No.1 and No. 2
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Funding Methods Approved/
Authorized, Purchase
Requisition reviewed.
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August 17, 2021 000080
Time extension for FYs 2021/22 and 2022/23 to Agreement No. 2019-82 for Main Street Banner USA. Extends end of term from 8/30/21 to 6/30/23 and adds $61,200 to Agreement ($30,600 per FY). New total NTE $121,200.
Amendment No. 2 to a General Services Agreement Banner Program (FYs 21/22 and 22/23) Main Street Banner USA
$121,200 (original was $60,000)
Jonathan Alburger
P.O. Box 41829, Santa Barbara CA 93140
(805) 684-8111
[email protected]
Jaime Valdez
(805) 961-7568
[email protected]
Shanna Dawson
(805) 961-7554
[email protected]
22NS036
16 City of Goleta
Amendment No. 2 to Agreement No. 2019-082
AMENDMENT NO. 2
TO A GENERAL SERVICES AGREEMENT
BETWEEN THE CITY OF GOLETA
AND
WONDERFUL THINGS, INC. DBA MAIN STREET BANNER USA
This Amendment No. 2 to the General Services Agreement by and between the City of Goleta , a municipal corporation ( “City”) and WONDERFUL THINGS, INC. (“Service Provider) dated September 17, 2019 (“Agreement,” Agreement No. 2019-082) is made on this 17th day of August, 2021.
SECTION A. RECITALS
1. This Agreement is for banners and associated hardware for ba nner installation and rotation services as well as providing banner rotation services; and
2. The Agreement currently provides in Section 2 Subsection (a) for the total compensation amount not to exceed sixty thousand dollars ($60,000); and
3. The parties desire to amend the Agreement so as to provide f or additional compensation in the amount of $61,200 for additional tasks; and
4. The Agreement currently provides in Section 6 for the termin ation of the Agreement on August 30, 2021; and
5. The parties desire to amend the Agreement so as to extend th e termination of the Agreement to June 30, 2023; and
6. The Agreement currently provides in Exhibit A the complete and particular description of services and compensation; and
7. The parties desire to amend Exhibit A by adding additional s ervices and compensation as more completely and particularly set forth in t he attached Exhibit "A-1"; and
8. The City Council approved this Amendment No. 2, on this 17 th day of August, 2021.
SECTION B. AMENDED TERMS
Now therefore City and Consultant agree as follows that the Agreement be, an d hereby is, amended as follows:
17 City of Goleta
Amendment No. 2 to Agreement No. 2019-082
1. Subsection (a) of Section 3. COMPENSATION AND PAYMENT o f t h e Agreement is amended to add an additional authorized amount of $61,200 and to read in its entirety:
(a) Maximum and Rate. The total compensation payable to SERVICE PROVIDER by CITY for the services under this AGREEMENT
SHALL NOT EXCEED the sum of $121,200 (herein "not-to-exceed amount") and shall be earned as the work progresses.
2. Section 6. TERM, PROGRESS AND COMPLETION of the Agreement is amended to extend the term for an additional six hundred sixty- nine days to read in its entirety.
The term of this Agreement is from the date first written above to June 30, 2023, unless the term of this Agreement is extended or the Agreement is terminated as provided for herein.
CONSULTANT shall not commence work on the services to be performed until (i) CONSULTANT furnishes proof of insurance as required by Section 10 below, and (ii) CITY gives written authorization to proceed with the work provided by CITY’s Project Manager. All services shall be completed within the term of this Agreement following the notice to proceed.
3. This Agreement is amended to delete and replace in its entirety:
Exhibit A with Exhibit A-1 attached hereto and incorporated herein.
4. Except as otherwise specifically provided herein, all other provisions of the Agreement shall remain in full force and effect
In concurrence and witness whereof, this Amendment No. 2 has been executed by the parties effective on the date and year first above written.
CITY OF GOLETA SERVICE PRO VIDER
____________________________ ______________________________ Michelle Greene, City Manager Janusz Zarczynski, President
A T T E S T :
_____________________________ ______________________________ Deborah Lopez, City Clerk Monica Romero, Secretary
18 City of Goleta
Amendment No. 2 to Agreement No. 2019-082
APPROVED AS TO FORM:
MICHAEL JENKINS, CITY ATTORNEY
_____________________________
Winnie Cai, Assistant City Attorney
19 City of Goleta
Amendment No. 2 to Agreement No. 2019-082
Exhibit A-1
A. Banner Locations
EXISTING 80 Locations at Calle Real, Old Town, and Storke/Hollister
Street light banner installations shall include all street lights along Hollister Avenue in Old Town between Fairview Avenue and Highway 217 (“Old Town,” 30 lo cations) as well as all street lights along Calle Real between N. Kellogg Ave and N . Fairview Ave (“Calle Real,” 30 locations) as depicted in the map below totaling 60 locations.
20 City of Goleta
Amendment No. 2 to Agreement No. 2019-082
Street light banner installations shall include select street l ights along Storke Road between Hollister Avenue and Phelps Road as well as select street lights along Hollister Avenue between Cortona Drive and Pacific Oaks Road as generally depicted in the map below totaling 20 locations.
B. Banner Rotations
Rotations shall occur as follows for all 80 locations at $5598.60 per rotation:
FISCAL YEAR 2021-22
1 st Rotation (September 22, 2021)
Switch out “Shop Local Goleta and Summer Suns ” banners to “Welcome to Goleta/Old Town” banners
2 nd Rotation (November 18, 2021)
Switch out “Welcome to Goleta/Old Town” banners to “ Shop Local Goleta and Happy Holidays” banners
3 rd Rotation (January 10, 2022)
Switch out “Shop Local Goleta and Happy Holidays” banners to “Welcome to Goleta/Old Town” banners
4 th Rotation (March 17, 2022)
Switch out “Welcome to Goleta/Old Town” banners to “ Shop Local Goleta and Spring Flowers” banners
21 City of Goleta
Amendment No. 2 to Agreement No. 2019-082
5th Rotation (June 17, 2022)
Switch out “Shop Local Goleta and Spring Flowers” banners to “Summer Suns” banners
Goleta Lemon Festival Rotation (August 8, 2022)
Rotation is the responsibility of the Santa Barbara South Coast Chamber of Commerce and will be done at its own expense with coordination of the City and Service Provider
FISCAL YEAR 2022-23
6 th Rotation (September 30, 2022)
Switch out “Lemon Festival” banners to “Welcome to Goleta/Old Town” banners
7 th Rotation (November 16, 2022)
Switch out “Welcome to Goleta/Old Town” banners to “ Shop Local Goleta and Happy Holidays” banners
8th Rotation (January 9, 2023)
Switch out “Shop Local Goleta and Happy Holidays” banners to “Welcome to Goleta/Old Town” banners
9 th Rotation (March 20, 2023)
Switch out “Welcome to Goleta/Old Town” banners to “ Shop Local Goleta and Spring Flowers” banners
10 th Rotation (June 20, 2023)
Switch out “Shop Local Goleta and Spring Flowers” banners to “Summer Suns” banners
All installations shall occur within 72 hours of specified dates. Banner designs and Bracket information are depicted in Section F.
C. Replacement of Brackets and Banners
Installation of new BANNER-SAVER Spring Systems Brackets and/or strapping (inclusive of needed hardware, taxes and labor) at the 80 Locations identified in Section A is not needed at this time. Brackets costs are $141.75 each plus tax. Labor to install each bracket is $105.00 at each location.
Up to 15 existing banners have reached their useful life and will need replacement. Each new matching banner will be provided at $207.38 plus tax.
Banner designs and bracket information are depicted in Section F.
The costs for the replacement of 15 banners at various locations throughout the City total $3,351.70.
22 City of Goleta
Amendment No. 2 to Agreement No. 2019-082
D. Banner Storage
Service Provider shall store all City-owned banners in a secure, indoor location and shall maintain banners in good condition, notwithstanding normal “wear and tear.”
E. Program Cost
Total Cost of above Program, including all labor, materials and taxes, and a nominal contingency is not to exceed $61,200. Note that this price incl udes all on-going inspections of brackets, straps and hardware with each banner rotation, on-going storage and cleaning of banners, as well as a small ($1,862.30) contingency for the replacement of defective hardware, including straps and brackets, and any additional banners if needed.
Units Unit Price Tax Amount
Rotations for the existing 80 locations 10 $5,598.60 n/a 55,986.00$ 55,986.00$
Units Unit Price Tax Amount
Banners, replace those that are cracking/ripping 15 207.38 $ 16.07 $ 3,351.70$ Brackets for New Locations (n/a) 0 141.75$ 10.99 $ -$ Bracket labor installation for New Locations (n/a) 0 105.00 $ n/a -$ 3,351.70$
59,337.70$
1,862.30$
61,200.00$
TOTAL Anticipated Cost of the Program with Replacement Banners Additional Contingency for brackets/banner repair and/or replacement TOTAL Not-to-Exceed
Subtotal
Recurring costs for banner rotations at all 80 locations as presented in Exhibit A Section B One-time costs for replacement/repair of damaged/missing banners/brackets as presented in Exhibit A Section C Subtotal
23 City of Goleta
Amendment No. 2 to Agreement No. 2019-082
F. Banner Designs and Bracket Information:
“Welcome to Old Town/Goleta” “Summer Suns”
“Happy Holidays” “Spring Flowers”
“Shop Local Goleta”
24 City of Goleta
Amendment No. 2 to Agreement No. 2019-082
25 City of Goleta
Amendment No. 1 to Agreement No. 2019-082
AMENDMENT NO. 1
TO A GENERAL SERVICES AGREEMENT
BETWEEN THE CITY OF GOLETA
AND
WONDERFUL THINGS, INC. DBA MAIN STREET BANNER USA
This Amendment No. 1 to the General Services Agreement by and between the City of Goleta , a municipal corporation ( “City”) and WONDERFUL THINGS, INC. (“Service Provider) dated September 17, 2019 (“Agreement,” Agreement No. 2019-82) is made on this _____ day of June, 2021.
SECTION 1. RECITALS
A. This Agreement is for banners and associated hardware for banner installation and rotation services as well as providing banner rotation services; and
B. The Agreement currently provides in Section 6 for the termination of the Agreement on June 30, 2021; and
C. The parties desire to amend the Agreement so as to extend the termination of the Agreement to August 30, 2021; and
D. The City Manager approved this Amendment No. 1, on this _____ day of June, 2021.
SECTION 2. AMENDED TERMS
Now therefore City and Consultant agree as follows that the Agreement be, and hereby is, amended as follows:
2. Section 6. TERM, PROGRESS AND COMPLETION of the Agreement is amended to extend the term for an additional two (2) months to read in its entirety.
The term of this Agreement is from the date first written above to August 30, 2021, unless the term of this Agreement is ex tended or the Agreement is terminated as provided for herein.
CONSULTANT shall not commence work on the services to be performed until (i) CONSULTANT furnishes proof of insurance as required by Section 10 below, and (ii) CITY gives written authorization to proceed with the work provided by CITY’s Project Manager. All services shall be completed within the term of this Agreement following the notice to proceed.
26 City of Goleta
Amendment No. 1 to Agreement No. 2019-082
3. Except as otherwise specifically provided herein, all other provisions of the Agreement shall remain in full force and effect
In concurrence and witness whereof, this Amendment No. 1 has been executed by the parties effective on the date and year first above written.
CITY OF GOLETA SERVICE PROVIDER
____________________________ ______________________________ Michelle Greene, City Manager Janusz Zarczynski, President
A T T E S T :
_____________________________ ______________________________ Deborah Lopez, City Clerk Monica Romero, Secretary
APPROVED AS TO FORM:
MICHAEL JENKINS, CITY ATTORNEY
_____________________________
Winnie Cai, Assistant City Attorney
27 ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?
INSR ADDL SUBR
LTR INSD WVD
PRODUCER CONTACT
NAME:
FAXPHONE
(A/C, No):(A/C, No, Ext):
E-MAIL
ADDRESS:
INSURER A :
INSURED INSURER B :
INSURER C :
INSURER D :
INSURER E :
INSURER F :
POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY) (MM/DD/YYYY)
AUTOMOBILE LIABILITY
UMBRELLA LIAB
EXCESS LIAB
WORKERS COMPENSATION
AND 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-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person) $
PERSONAL & ADV INJURY $
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $
PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT
OTHER: $
COMBINED SINGLE LIMIT
$(Ea accident)
ANY AUTO BODILY INJURY (Per person) $
OWNED SCHEDULED
BODILY INJURY (Per accident) $AUTOS ONLY AUTOS
HIRED NON-OWNED PROPERTY DAMAGE
$AUTOS ONLY AUTOS ONLY (Per accident)
$
OCCUR EACH OCCURRENCE
CLAIMS-MADE AGGREGATE $
DED RETENTION $
PER OTH-
STATUTE ER
E.L. EACH ACCIDENT
E.L. DISEASE - EA EMPLOYEE $
If yes, describe under
E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC #
COMMERCIAL GENERAL LIABILITY
Y / N
N / A
(Mandatory in NH)
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE 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 PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
CERTIFICATE HOLDER CANCELLATION
© 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03)
CERTIFICATE OF LIABILITY INSURANCE
DATE (MM/DD/YYYY)
$
$
$
$
$The ACORD name and logo are registered marks of ACORD
6/30/2021
License # 0M93299
27987
Wonderful Things, Inc. dba Flag Factory; Main Street Banner; Interstate Pole Industries; Holly Workshop
5095 6th Street
Carpinteria, CA 93013
23787
35076
A 1,000,000
X WH008313 3/1/2021 3/1/2022 100,000
Per Proj Agg Limit 5,000
Capped $5,000,000 1,000,000
2,000,000
2,000,000
1,000,000
B
X ACP3079688024 3/1/2021 3/1/2022
C
X 925632421 7/1/2021 7/1/2022 1,000,000
1,000,000
1,000,000
Subject to all policy terms, exclusions and conditions.
RE: Street Light Banner Rotation Service 130 Cremona Drive, Suite B Goleta, CA 93117; The City of Goleta, their officers, employees, representatives, and volunteers are named as an Additional Insured with respects the General Liability and Auto Liability if required by written contract subject to all policy terms, exclusions and conditions. General Liability Additional Insured S2802-GC (3-20) endorsement is attached. Auto Liability Additional Insured AC 70 05 03 16 endorsement attached. Attached Workers Compensation Waiver of Subrogation 10217 (REV.7-2018) endorsement applies to City of Goleta if required by written contract subject to all policy terms, exclusions and conditions.
City of Goleta
130 Cermona Dr, Suite B
Goleta, CA 93117
WONDTHI-01 VGONZALES
SIP Insurance Services - Pasadena
301 E. Colorado Blvd., 205
Pasadena, CA 91101
Northfield Insurance Company
Nationwide Mutual Insurance Company
California State Compensation Insurance Fund
X
X
X
X
X
X
X
28 POLICY NUMBER: WH008313
29
30 COMMERCIAL AUTO
AC 70 05 03 16
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BUSINESS AUTO PROTECTION - GOLD
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
SUMMARY OF COVERAGES
A. Effect of This Endorsement
B. Newly Acquired or Formed Entities
C. Employees as Insureds – Nonowned Autos
D. Additional Insured by Contract, Permit or Agreement
E. Supplementary Payments – Bail Bonds
F. Supplementary Payments – Loss of Earnings
G. Personal Effects and Property of Others Extension
H. Prejudgment Interest Coverage
I. Fellow Employee – Officer, Managers and Supervisors
J. Hired Auto Physical Damage
K. Temporary Substitute Autos – Physical Damage Coverage L. Expanded Towing Coverage
M. Auto Loan or Lease Coverage
N. Original Equipment Manufacturer Parts – Leased Private Passenger Type s O. Deductible Amendments
P. Rental Reimbursement Coverage
Q. Expanded Transportation Expense
R. Extra Expense – Stolen Autos
S. Physical Damage Limit of Insurance
T. New Vehicle Replacement Cost
U. Physical Damage Coverage Extension
V. Transfer of Rights of Recovery Against Others To Us
W. Section IV – Business Auto Conditions – Notice of and Knowledge of Occurrence X. Hired Car Coverage Territory
Y. Emergency Lock Out
Z. Cancellation Condition
AC 70 05 03 16 Page 1 of 7Includes copyrighted material of Insurance Services Office, Inc. with its permission
ACP BA 30-5-9226309 L69A 19063 INSURED COPY AC7005031600 0001 47 0002269 POLICY NUMBER: ACPBA3069226309
POLICY NUMBER: ACP3079688024
31 COMMERCIAL AUTO
AC 70 05 03 16
If specifically required by the written contract orA. EFFECT OF THIS ENDORSEMENT agreement referenced in the paragraph above,Coverage provided under this policy is modified any coverage provided by this endorsement toby the provisions of this endorsement. If there an additional insured shall be primary andis any conflict between the provisions of this any other valid and collectible insurance avail-endorsement and the provision(s) of any state- able to the additional insured shall be non-specific endorsement also attached to this poli- contributory with this insurance. If the writtency, then the provision(s) of the state-specific contract does not require this coverage to beendorsement shall apply instead of the provi- primary and the additional insured’s coverage tosions of this endorsement that are in conflict, be non-contributory, then this insurance will bebut only to the extent of the conflict, and only to excess over any other valid and collectible insur-the extent necessary to bring such provisions ance available to the additional insured.into conformance with the state requirement(s) contained in the provision(s) of the state-specific
endorsement. E. SUPPLEMENTARY PAYMENTS – BAIL
BONDSB. NEWLY ACQUIRED OR FORMED ENTITIES
Supplementary Payments of SECTION II –The Named Insured shown in the Declarations is COVERED AUTOS LIABILITY COVERAGE isamended to include any organization you newly revised as follows:acquire or form, other than a partnership, joint venture, or limited liability company, and over (2) Up to $2,500 for cost of bail bonds (including which you maintain ownership or majority (more bonds for related traffic law violations) than 50%) interest; if there is no other similar in- required because of an “accident” we cover. surance available to that organization. Coverage We do not have to furnish these bonds.th under this provision is afforded until the 180 F. SUPPLEMENTARY PAYMENTS – LOSS OFday after you acquire or form the organization or EARNINGSthe end of the policy period, whichever is later.
Supplementary Payments of the SECTION II –C. EMPLOYEES AS INSUREDS – NONOWNED COVERED AUTOS LIABILITY COVERAGE isAUTOS revised as follows:
The following is added to paragraph A.1. Who Is (4) All reasonable expenses incurred by the “in-An Insured of SECTION II – COVERED AUTOS sured” at our request, including actual lossLIABILITY COVERAGE: of earnings up to $500 a day because of d. Any "employee" of yours is an "insured" time off from work. while using a covered "auto" you don't own, G PERSONAL EFFECTS AND PROPERTY OF.hire or borrow in your business or your per- OTHERS EXTENSIONsonal affairs. 1. The. Care, Custody or Control Exclusion ofD. ADDITIONAL INSURED BY CONTRACT, SECTION II – COVERED AUTOSPERMIT OR AGREEMENT LIABILITY COVERAGE, does not apply to The following is added to A.1. Who Is An In- "property damage" to property, other than sured of SECTION II – COVERED AUTOS your property, up to an amount not exceed- LIABILITY COVERAGE: ing $250 in any one "accident". Coverage is excess over any other valid and collectibleAny person or organization that you are re- insurance.quired to name as an additional insured in a
written contract or agreement that is executed 2. The following paragraph is added to A.4. or signed by you prior to a “bodily injury” or Coverage Extensions of SECTION III – “property damage” occurrence is an “insured” PHYSICAL DAMAGE COVERAGE:
for Covered Auto L iability coverage. How- c. We will pay up to $500 for your propertyever, with respect to covered “autos”, such that is lost or damaged as a result of aperson or organization is an insured only to covered “loss”, without applying a de-the extent that person or organization qualifies ductible. Coverage is excess over anyas an “insured” under A.1. Who is an Insured of other valid and collectible insurance.SECTION II – COVERED AUTOS LIABILITY COVERAGE:
with its permission
ACP BA 30-5-9226309 L69A 19063 INSURED COPY AC7005031600 0001 47 0002270 POLICY NUMBER: ACPBA3069226309
32 COMMERCIAL AUTO
AC 70 05 03 16
H. PREJUDGMENT INTEREST COVERAGE substitute for a covered "auto" you own that is out of service because of its:The following paragraph is added to SECTION II – COVERED AUTOS LIABILITY COVERAGE, a. Breakdown;
2. Coverage Extensions, a. Supplementary b. Repair;
Payments: c. Servicing;
(7) Prejudgment interest awarded against the d. "Loss"; or“insured” on that part of the judgment we e. Destructionpay. If we make an offer to pay the appli- cable limit of insurance, we will not pay The coverage that applies is the same as any prejudgment interest based on that the coverage provided for the vehicle being period of time after the offer. replaced.
IF E L L O W E M P L O Y E E – O F F I C E R S ,.
MANAGERS, AND SUPERVISORS L EXPANDED TOWING COVERAGE.
The Fellow Employee Exclusion in SECTION II 1. We will pay up to:– COVERED AUTOS LIABILITY COVERAGE is a. $100 for a covered "auto" you own ofreplaced as follows; the private passenger type, orA. "Bodily injury" to any fellow "employee" of b. $500 for a covered "auto" you own thatthe "insured" arising out of and in the course is not of the private passenger type,of the fellow "employee's" employment or for towing and labor costs incurred eachwhile performing duties related to the con- time the covered "auto" is disabled. Howev-duct of your business. This exclusion does er, the labor must be performed at the placenot apply to an "insured" who occupies a of disablement.position as an officer, manager, or supervi- sor. 2. This coverage applies only for an "auto"
covered on this policy for Comprehensive orJ HIRED AUTO PHYSICAL DAMAGE.
Specified Causes of Loss Coverage andIf covered "auto" designation symbols 1 or 8 ap- Collision Coverages.ply to Liability Coverage and if at least one "au-
3. Payment applies in addition to the otherwiseto" you own is covered by this policy for Com- applicable amount of each coverage youprehensive, Specified Causes of Loss, or Colli- have on a covered “auto”.sion coverages, then the Physical Damage coverages provided are extended to "autos" you M AUTO LOAN OR LEASE COVERAGE. lease, hire, rent or borrow without a driver; and 1. In the event of a total "loss" to a coveredprovisions in the Business Auto Coverage Form "auto", we will pay any unpaid amount dueapplicable to Hired Auto Physical Damage apply on the loan or lease, including up to a max-up to a limit of $100,000. The deductible will be imum of $500 for early termination fees orequal to the largest deductible applicable to any penalties, for your covered "auto" less:owned "auto" for that coverage. Any Compre- a. The amount paid under SECTION III –hensive deductible does not apply to fire or PHYSICAL DAMAGE COVERAGE oflightning. this policy; andK. TEMPORARY SUBSTITUTE AUTOS – b. Any:PHYSICAL DAMAGE COVERAGE 1) Overdue lease/loan payments at theThe following is added to paragraph C. Certain time of the "loss";Trailers, Mobile Equipment And Temporary 2) Financial penalties imposed under aSubstitute Autos of SECTION I - COVERED lease for excessive use, abnormalAUTOS:
wear and tear or high mileage;If Physical Damage Coverage is provided by 3) Security deposits not refunded by athis Coverage Form, the following types of lessor;vehicles are also covered "autos" for Physi-
cal Damage Coverage: 4) Costs of extended warranties, Credit Life insurance, Health, Accident, orAny "auto" you do not own while used with Disability insurance purchased witht
he permission of its owner as a temporary
the lease; and
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33 COMMERCIAL AUTO
AC 70 05 03 16
5) Carry-over balances from previous No deductible applies to glass if the glass is re- leases. paired, in a manner acceptable to us, rather than replaced.2. This coverage only applies to a "loss" which is also covered under this policy for Com- P. RENTAL REIMBURSEMENT COVERAGE prehensive, Specified Causes of Loss, or 1. This coverage applies only to a covered "au- Collision coverage. to" for which Physical Damage Coverage is
3. Coverage does not apply to any unpaid provided on this policy. amount due on a loan for which the covered 2. We will pay for rental reimbursement ex- “auto” is not the sole collateral. penses incurred by you for the rental of an N. ORIGINAL EQUIPMENT MANUFACTURER "auto" because of "loss" to a covered "auto".
PARTS – LEASED PRIVATE PASSENGER Payment applies in addition to the otherwise TYPES applicable amount of each coverage you
have on a covered "auto." No deductiblesUnder Paragraph C. Limit of Insurance of apply to this coverage.SECTION III – PHYSICAL DAMAGE
COVERAGE, Section 4 is added as follows: 3. We will pay only for those expenses incurred during the policy period beginning 24 hours4. We will use new original equipment vehicle after the "loss" and ending, regardless of themanufacturer parts for any private passen- policy's expiration, with the lesser of theger type covered “auto” where required by following number of days:the lease agreement which has a term of at least six months. If a new original equip- a. The number of days reasonably ment vehicle manufacturer part is not in pro- required to repair or replace the covered duction or distribution we may use a like, "auto". If "loss" is caused by theft, this kind and quality replacement part. number of days is added to the number of days it takes to locate the coveredO. DEDUCTIBLE AMENDMENTS "auto" and return it to you.The following are added to the Deductible provi- b. The number of days shown in thesion of SECTION III – PHYSICAL DAMAGE Schedule.COVERAGE:
4. Our payment is limited to the lesser of theIf another policy or coverage form that is not an following amounts:automobile policy or coverage form issued by this company applies to the same “accident”, the a. Necessary and actual ex penses following applies: incurred.
1. If the deductible under this coverage is the b. $75 for any one day or for a maximum smaller (or smallest) deductible, it will be of 30 days. waived: 5. This coverage does not apply while there
2. If the deductible under this coverage is not are spare or reserve "autos" available to you the smaller (or smallest) deductible, it will be for your operations. reduced by the amount of the smaller (or 6. If "loss" results from the total theft of a cov- smallest) deductible. ered "auto" of the private passenger type, If a Comprehensive or Specified Causes of Loss we will pay under this coverage only that Coverage “loss” from one “accident” involves amount of your rental reimbursement ex- two or more covered “autos”, only the highest penses which is not already provided for un- deductible applicable to those coverages will be der SECTION III – PHYSICAL DAMAGE applied to the “accident,” if the cause of the loss COVERAGE Coverage Extension. is covered for those vehicles. This provision only Q EXPANDED TRANSPORTATION EXPENSE. applies if you carry Comprehensive or Specified Paragraph A.4.a. of SECTION III – PHYSICALCauses of Loss Coverage for those vehicles, DAMAGE COVERAGE is replaced by the follow-and does not extend coverage to any covered ing:“autos” for which you do not carry such We will pay up to $50 per day to a maximum ofcoverage.
$1500 for temporary transportation expense in-
curred by you because of the total theft of a
with its permission.
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34 COMMERCIAL AUTO
AC 70 05 03 16
covered "auto" of the private passenger type. ment manufacturer or other s ources in- We will only pay for those covered "autos" for cluding non-original equipment manu- which you carry Comprehensive or Specified facturers and Causes of Loss Coverage. We will pay for tem- b. If a repair or replacement results in bet- porary transportation expenses incurred during ter than like kind or quality, we will not the period beginning 24 hours after the theft and pay for the amount of the net improve- ending, regardless of the policy's expiration, ment.
when the covered "auto" is returned to use or we 5. If we offer to pay the actual cash value ofpay for its "loss". the damaged or stolen property, we will R. EXTRA EXPENSE – STOLEN AUTOS value auto advertising wraps, paint customi- The following paragraph is added to Coverage zation, and similar business related advertis- Extensions of SECTION III – PHYSICAL ing modifications, in addition to the actual DAMAGE COVERAGE: cash value of the property. Auto advertising wraps, paint customization, and similarc. We will pay for up to $5,000 for the expense business related advertising modificationsof returning a stolen covered “auto” to you. will be valued at the cost to replace themWe will pay only for those covered “autos” with an adjustment made for depreciationfor which you carry Comprehensive or Spec- and physical condition.ified Causes of Loss Coverage
T. NEW VEHICLE REPLACEMENT COSTS. PHYSICAL DAMAGE LIMIT OF INSURANCE The following is added to the Limit of InsuranceUnder SECTION III – PHYSICAL DAMAGE provision of SECTION III – PHYSICALCOVERAGE, Paragraph C., Limit of Insurance DAMAGE COVERAGE:is replaced by the following:
5. The provisions of paragraphs 1. and 3. doC. Limit Of Insurance not apply to a covered “auto“ of the private1. The most we will pay for “loss” in any one passenger type or a vehicle with a gross“accident” is the lesser of: vehicle weight rating of 20,000 pounds or a. The actual cash value of the damaged less which is a “new vehicle.” or stolen property as of the time of the In the event of a total “loss” to your new ve-“loss”, or hicle to which this coverage applies, we will b. The cost of repairing or replacing the pay at your option:
damaged or stolen property. a. The verifiable “new vehicle” purchase
2. $1500 is the most we will pay for “loss” in price you paid for your damaged vehi- any one “accident” to all electronic equip- cle, not including any insurance or war- ment that reproduces, receives or transmits ranties purchased; audio, visual or data signals which, at the b. If it is available, the purchase price, astime of “loss”, is: negotiated by us, of a “new vehicle” of a. Permanently installed in or upon the the same make, model, and equipment covered “auto” in a housing, opening or or the most similar model available, not other location that is not normally used including any furnishings, parts, or by the “auto” manufacturer for the in- equipment not installed by the manufac- stallation of such equipment. turer or manufacturers’ dealership; or . b. Removable from a permanently installed c. The market value of your damaged ve- housing unit as described in Paragraph hicle, not including any furnishings,
2.a. above or is an integral part of that parts, or equipment not installed by the equipment; or manufacturer or manufacturer’s dealer-
c. An integral part of such equipment. ship.
3. An adjustment for depreciation and physical We will not pay for initiation or set up costs condition will be made in determining actual associated with loans or leases cash value in the event of a total “loss”. As used in this endorsement, a “new
4. The cost of repairing or replacing may: vehicle” means an “auto” of which you are the original owner that has not been previ-a. Be based on an estimate which includes par
ts furnished by the original equip-
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35 COMMERCIAL AUTO
AC 70 05 03 16
ously titled and which you purchased less a. Your obligation in the Duties in the Event than 365 days before the date of the “loss”. of Accident, Claim, Suit or Loss Condi- tion relative to notification requirements
applies only when the “accident” orU. PHYSICAL DAMAGE COVERAGE “loss” is known to:EXTENSIONS (1) You, if you are an individual;Under SECTION III – PHYSICAL DAMAGE (2) A partner, if you are a partnership;COVERAGE, A. Coverage, Coverage Exten- sions, b. Loss of Use Expenses is replaced by (3) A member, if you are a limited liability
the following: company; or
b. Loss of Use Expenses (4) An executive officer or insurance manager, if you are a corporation.For Hired Auto Physical Damage, we will pay expenses for which an “insured” be- b. Your obligation in the. Duties in the Event comes legally responsible to pay for loss of of Accident, Claim, Suit or Loss Condition use of a vehicle rented or hired without a relative to providing us with documents driver, under a written rental contract or concerning a claim or “suit” will not be agreement. We will pay for loss of use ex- considered breached unless the breach penses if caused by: occurs after such claim or “suit” is known to:(1) Other than collision if the Declarations
indicate that Comprehensive Coverage (1) You, if you are an individual; is provided for any covered “auto”; (2) A partner, if you are a partnership; (2) Specified Causes of Loss only if the (3) A member, if you are a limitedDeclarations indicate that Specified liability company; orCauses of Loss Coverage is provided (4) An executive officer or insurancefor any covered “auto”; or manager, if you are a corporation.(3) Collision only if the Declarations indicate that Collision Coverage is provided for
X. HIRED CAR – COVERAGE TERRITORYany covered “auto.”
Item (5) of the Policy Period, Coverage TerritoryHowever, the most we will pay for any GeneralConditionss replaced by the following:expenses for loss of use is $50 per day, to a maximum of $1,500. The insurance provided (5) Anywheren the worldif a covered “auto” is by this provision is excess over any other leased, hired, rented or borrowed without a collectible insurance. driver for a period of 30 days or less; and V. TRANSFER OF RIGHTS OF RECOVERY Y. EMERGENCY LOCKOUT
AGAINST OTHERS TO US We will reimburse you up to $100 for reasonable The following is added to the Transfer Of Rights expense incurred for the services of a locksmith Of Recovery Against Others To Us Condition: to gain entry into your covered “auto” subject to these provisions:We waive any right of recovery we may
have against any person or organization to 1. Your door key, electronic key or key entry the extent required of you by a written con- pad has been lost, stolen or locked in your tract executed prior to any “accident” be- covered “auto” and you are unable to enter cause of payments we make for damages such “auto” , or
under this coverage form. 2. Your keyless entry device battery dies and W. NOTICE OF AND KNOWLEDGE OF you are unable to enter such "auto" as a re- OCCURRENCE sult,
3. Your key, electronic key or key entry padSECTION IV – BUSINESS AUTO has been lost or stolen and you haveCONDITIONS, Paragraph A is amended as changed the lock to prevent an unauthorizedfollows:
entry; and6. NOTICE OF AND KNOWLEDGE OF
OCCURRENCE
with its permission.
ACP BA 30-5-9226309 L69A 19063 INSURED COPY AC7005031600 0001 47 0002274 POLICY NUMBER: ACPBA3069226309
36 COMMERCIAL AUTO
AC 70 05 03 16
4. Original copies of receipts for services of a If we cancel for any reason other than non- locksmith must be provided before reim- payment of premium, we will mail or deliver bursement is payable. to the First Named Insured written notice of cancellation at least 60 days before the ef-Z. CANCELLATION CONDITION fective date of cancellation. This provision Paragraph A.2. of the COMMON POLICY does not apply in those states that require CONDITION – CANCELLATION applies more than 60 days prior notice of cancella- except as follows: tion.
AC 70 05 03 16 Page 7 of 7Includes copyrighted material of Insurance Services Office, Inc., with its permission
ACP BA 30-5-9226309 L69A 19063 INSURED COPY AC7005031600 0001 47 0002275 POLICY NUMBER: ACPBA3069226309
37
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