FIRST AMENDMENT TO MASTER AGREEMENT
CITY OF PACIFICA AND HINES EDM
This First Amendment to Master Agreement for Consultant Services (the "First Amendment") is made and entered this 1st day of July, 2023, by and between THE CITY OF PACIFICA, a municipal corporation (hereinafter referred to as "CITY") and Hines EDM ("Consultant"), a California corporation (hereinafter referred to as "CONSULTANT").
RECITALS
WHEREAS, on August 9, 2021, the CITY and CONSULTANT entered into that certain agreement entitled "Master Agreement for Consultant Services" ("Agreement" or "Master Agreement") to provide scanning and digitization and related services in conjunction with the CITY'S Records and Information Management Program Policy; and WHEREAS, CITY and CONSULTANT now desire to enter into this First Amendment to the Agreement to extend the term reflected in Section 3.1 "Effective Date" for completion of the services; and
WHEREAS, CITY and CONSULTANT desire to amend Section 2.1 "Compensation" to increase the not-to-exceed total compensation for all services provided under the Master Agreement from $110,000 to $150,000 and update the Pricing and Billing rate schedules to be specified pursuant with ATTACHMENT B to this First Amendment.
AGREEMENT
NOW, THEREFORE, for the considerations hereinafter set forth, CONSULTANT and CITY amend the Master Agreement as follows:
1. Section 2.1 within ARTICLE 2 - COMPENSATION of the Master Agreement is deleted and hereby amended to read in its entirety as follows:
2.1 Compensation. Compensation for the Services shall be in accordance with the Pricing and Billing rate schedules specified in Attachment B "Compensation" to the First Amendment to Agreement. However, in no event shall the amount the CITY pays to CONSULTANT for work done under this Agreement or any Task Orders issued pursuant to this Agreement exceed $150,000 ("Cost Ceiling").
2. Section 3.1 "Effective Date" within ARTICLE 3 - TIME OF PERFORMANCE of the Master Agreement is hereby amended to read in its entirety as follows:
3.1 Effective Date. This Agreement shall become effective upon execution of the second signature and shall remain in full force and effect until the Services are completed (the "Term"). CONSULTANT agrees to complete all services by June 30, 2024.
3. AGREEMENT IN EFFECT. Except as amended by this First Amendment, all other ands and provisions of the Master Agreement shall remain unmodified and in fill force
4. COUNTERPART SIGNATURES. This First Amendment may be signed in multiple counterparts which, when signed by all parties, shall constitute a binding agreement.
IN WITNESS WHEREOF, the parties have executed this First Amendment to the Agreement as of the date set forth above.
HINES EDM INC.
Digitally signed by Lonnie R. Hines
Đat: 023630251-00-US
By: Date June 30, 2023
Lonnie R. Hines, President
Hines EDM, Inc.
CITY OF PACIFICA
Jul 24, 2023
Date_
Kevin Woodhouse, City Manager
Approved As To Form
By:_
Michelle Marchetta Kenyon, City Attorney
ATTEST:
Sach Coffey
By:
Sarah Coffey, City Clerk
ATTACHMENT "B"
COMPENSATION
[Hines EDM Cost Proposal Form effective 7/1/2023 attached] In no event shall the amount the CITY pays to CONSULTANT for work done under this Agreement or any Task Orders issued pursuant to this Agreement exceed $150,000.
Hines EDM Cost Proposal Form 07/01/2023
Price per
Document Conversion Sevices (Scanning) Unit Unit
a. Document Preparation Services $0.01 Per Image
Scan and Convert standard sized documents (11" x 1/" and smaller) to PDFS b. @ 200 DPI - Black and White $0.040 Per Image
Scan and Convert standard sized documents (11" × 17" and smaller) to PDFs c. @ 200 DPI - COLOR $0.040 Per Image
Scan and Convert standard sized documents (11" × 17" and smaller) to PDFs d. @ 300 DPI - Black and White $0.040 Per Image
Scan and Convert standard sized documents (11" × 17" and smaller) to PDFs e. @ 300 DPI - COLOR $0.040 Per Image
f. Microfilm Scanning $50.00 Per Roll
g. Microfiche Scanning $75.00 Per Fiche
Searchable Document - OCR (Optical Character Recognition) h. OCR Documents $0.005 Per Image
Large Format Document Conversion Services
Scan and Convert Large Format Documents (larger than 11" × 17") to PDFs i. @ 200 DPI - Black and White $1.10 Per Image
Scan and Convert Large Format Documents (larger than 11" × 17") to PDFs j. @ 200 DPI - COLOR $1.10 Per Image
Indexing (Metadata Capturing)
Metadata Capture WITHOUT lookup table (i.e. database export CSV, master Per table etc.) $0.01 Character
Metadata Capture WITH a lookup table (i.e. database export CSV, master - table etc.) $0.05 Per Field
Scanned File and Metadata Import into City's Laserfiche Document Management System m. Project Management, File import into City's Lasefiche system remotely $175.00 Per Hour Per
n. Delivery of digital images per shipment via Hines Secure Cloud No Charge Shipment Transportation, Inventory and Document Request Services o. Pickup of all boxes and materials from City location(s) $225.00 Per Trip Boxing and inventorying of materials from City department Cabinets and p. Shelves (labor is calculated by employee) $5.00 Per Box Document Requests - non critical, returned and delivered digitally within 48 Per q. hours $5.00 Request
Document Requests - urgent, returned and delivered digitally within 12 Per r. hours $5.00 Request
Other Services
Special Handling $35.00 Per Hour
t. Destruction of Boxed Records $8.00 Per Box
Per Cubic
u. Storage of Boxed Records - Storage fees begin 90 days after delivery $0.55 Foot Per
Rescanning of documents due to QC issues No Charge Document
DATE (MM/DD/YYYY)
ACORD® CERTIFICATE OF LIABILITY INSURANCE
6/30/2023
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 INSURERS), 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 NAMEAT Alexander Shkolnikov
PHONE
RMG 360 Insurance Solutions A/C, No, Ext): (415) 233-7223 TAC, No):
-NA
1534 Plaza Ln #343 DDRESS [email protected]
INSURER(S) AFFORDING COVERAGE NAIC #
Burlingame CA 94010 INSURER A : Sentinel Insurance Company, Ltd. 11000
INSURED
INSURER B :
Hines EDM Inc INSURER C:
1380 LEAD HILL BLVD, Unit #106 INSURER D:
INSURER E:
ROSEVILLE CA 95661-2941 INSURER F:
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS TYPE OF INSURANCE INSD wr POLICY NUMBER LIMITS
X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE 1,000,000
DAMAGE TO RENTED
]CLAIMS-MADE X OCCUR PREMISES (Ea occurrence) 1,000,000 MED EXP (Any one person) Is 10,000
A Y Y 57SBABL5357 01/12/2023 01/12/2024 PERSONAL & ADV INJURY 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE 2,000,000 X POLICY PROT LOC PRODUCTS - COMP/OP AGG 2,000,000
OTHER:
AUTOMOBILE LIABILITY COMBINED SINGLE LIMI 1,000,000
Ea acciden
TANY AUTO BODILY INJURY (Per person)
A OWNED 7 SCHEDULED 57SBABL5357 01/12/2023 01/12/2024 BODILY INJURY (Per accident) S
AUTOS ONLY AUTOS
HIRED NON-OWNED (PROPERTY DAMAGE
X AUTOS ONLY X AUTOS ONLY (Per accident)
UMBRELLA LIAB OCCUR EACH OCCURRENCE
EXCESS LIAB CLAIMS-MADE AGGREGATE
DED RETENTIONS
WORKERS COMPENSATION STATUTE TRE
AND EMPLOYERS' LIABILITY
ANY PROPRIETOR/PARTNER/EXECUTIVE Y/A E.L. EACH ACCIDENT OFFICER/MEMBER EXCLUDED?
(Mandatory in NH) E.L. DISEASE - EA EMPLOYEE S
DES TOOFPERATIONS below E.L. DISEASE - POLICY LIMIT S
DATA BREACH $100,000
DATA BREACH,
A PRINTING SERVICES ERRORS AND 57SBABL5357 01/12/2023 01/12/2024 E&O $1,000,000
OMISSIONS
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
PAYROY CANCELLATION NOTICE MAY BE ISSUED TO THE NAME INSURED FOR NON PAYMENT OF PREMIUM NON REPORTING OF City of Pacifica is named additional insured and loss payee per form SS 00 08 04 05, Waiver of Subrogation and Primary & Non-contributory coverage applies per form SS 00 08 04 05, ONLY IF STIPULATED UNDER THE CONDITIONS OF A WRITTEN CONTRACT/ AGREEMENT. RE: Ongoing operations during policy periods.
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Pacifica, City Manager ACCORDANCE WITH THE POLICY PROVISIONS. 170 Santa Maria Avenue AUTHORIZED REPRESENTATIVE
1 Pacifica CA 94404 Alepander Shkolnikou
© 1988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
PRINTING SERVICES ERRORS AND OMISSIONS LIABILITY
This endorsement modifies insurance provided under the following:
BUSINESS LIABILITY COVERAGE FORM
This coverage applies only when coverage is indicated b. This insurance applies anywhere in the world in the Declarations. This coverage is subject to the provided the insured's responsibility lo pa provisions of the Business Liability Coverage Form of 'damages" is determined in a claim or "suit" or this policy, except as indicated below. its merits in the United States of America (including its territories and possessions), Puerto
PRINTING SERVICES ERRORS AND Rico or Canada, or in a settlement we agree to.
OMISSIONS LIABILITY 2. Exclusions
SECTION I - COVERAGE This insurance does not apply to:
1. Insuring Agreement a. Bodily Injury Or Personal And Advertising a. We will pay those sums that the insured Injury
becomes legally obligated pay as "Bodily injury", or "personal and advertising "damages" because of a negligent act, error or injury", or any indirect or consequential injury omission committed by or on behalf of the resulting from any of the foregoing. insured in the performance or failure to b. Property Damage perform "printing services" during the policy
"Damages" claimed for:
period and to which this insurance applies.
We will have the right and duty to defend the (1) Physical injury to tangible property, insured against any claim or "suit" seeking including all resulting loss of use of that property: or
to defend the insured against any claim or (2) Loss of use of tangible property that is not "suit" seeking "damages" to physically injured.
insurance does not apply. We may, at our This exclusion does not apply to personal discretion, investigate and settle any claim or property of others while on the insured's "suit" that may result. But: premises for the purpose of having operations (1) The amount we will pay for "damages" is performed on such property by or on behalf of limited as described in Section III - Limits the insured.
Of Insurance; and As used in this exclusion, computerized or (2) Our right and duty to defend end when we electronically stored data, programs or have used up the applicable limit of software are not tangible property. Electronic insurance in the payment of judgments or data means information, facts or programs:
settlements. (1) Stored as or on;
No other obligation or liability to pay claim (2) Created or used on; or expenses or any other sums or to perform acts
or services is covered unless explicitly (3) Transmitted to or form; provided for under SUPPLEMENTARY computer software, including systems and PAYMENTS of this coverage form. applications software, hard or floppy disks, CD-ROMS, tapes, drives, cells, data
processing devices or any other media which
are used with electronically controlled
Form SS 04 35 10 08 Page 1 of 6
© 2008, The Hartford
c. Dishonesty And Intentional Injury This exclusion does not apply to liability for "Damages" claimed: damages that the insured would have in the absence of the contract or agreement.
(1) For acts, errors or omissions of a
dishonest, fraudulent, criminal or malicious h. Games Of Chance nature by the insured whether acting alone Liability arising out of or in connection with or in collusion with others; printed material for lotteries, raffles or other (2) Because an insured gained a personal games of chance. profit or advantage to which the insured i. Discrimination was not legally entitled; or Liability resulting from discrimination or (3) For acts, errors or omissions that resulted harassment on the basis of race, sex, age, in injury expected or intended from the disability, ethnic background, religious or standpoint of the insured. sexual preference, or similar factor. d. Unfair Competition And Theft Of j.
Performedy, Insolvency or Services Not
Intellectual Property
(1) Unfair competition, price fixing, restraint of Any claim arising out of:
trade, unfair trade practice, or any other (1) The bankruptcy or insolvency of the violation of antitrust law; insured or any other firm, person or (2) Infringement of copyright, title, slogan, organization; or patent, trademark, trade dress, trade (2) An obligation to repay monies paid or name, service mark, service name or allegedly paid to you for "printing services" other designation of origin or authenticity; not performed. or
k. Employment Related Injuries
(3) Theft or infringement of any other
intellectual property. Any claim arising out of:
e. Claims By Any Insured Against Any Other (1) Any obligation of the insured under a Insured. workers compensation, disability benefits
or unemployment compensation law or
Any claim by any insured against another any similar law; insured.
(2) An injury to an "employee" of the insured
f. Breach Of Contract, Guarantee Or Warranty arising out of and in the course of Any breach of any contract, guarantee or employment by the insured or performing express warranty including but not limited to: duties related to the conduct of the (1) Cost estimates or cost guarantees being insured's business; exceeded. (3) An "employment practice", or
(2) Any delay or detault by or on behalt of the (4) "Damages" claimed by the spouse, child, insured with respect to the performance of parent, brother or sister of any person as a any contract or agreement. consequence of any of the above.
Paragraph (2) does not apply if the default or This exclusion applies:
delay is the result of a negligent act, error or (1) Whether the insured may be liable as an omission in the performance of "printing employer or in any other capacity; and services" by or for you.
2) To any obligation to share damages witl
g. Contractual Liability or repay someone else who must pa Liability of others assumed by any insured damages because of the injury. under a contract or agreement.
I. Pollution SUPPLEMENTARY PAYMENTS
Injury or damage arising from: We will pay, with respect to any claim or "suit" we (1) The actual, alleged or threatened defend:
discharge, dispersal, seepage, migration, 1. All expenses we incur. release or escape of "pollutants" at any
2. The cost of bonds to release attachments, but
only for bond amounts within the applicable
(2) Any loss, cost or expense arising out of limit of insurance. We do not have to furnish any: these bonds.
(a) Request, demand or order that any 3. All reasonable expenses incurred by the insured or others test for, monitor, insured at our request to assist us in the clean up, remove, contain, treat, investigation or defense of the claim or "suit", detoxify or neutralize, or in any way including actual loss of earnings up to $500 a respond to, or assess the effects of day because of time off from work. "pollutants"; or 4. All costs taxed against the insured in the "suit". (b) Claim or "suit" by or on behalf of a
5. Prejudgment interest awarded against the
governmental authority for "damages"
because of testing for, monitoring, insured on that part of the judgment we pay. If we make an offer to pay the applicable limit of
cleaning up, removing, containing,
insurance, we will not pay any prejudgment
treating, detoxifying or neutralizing, or interest based on that period of time after the in any way responding to, or
assessing the effects of "pollutants".
6. All interest on the full amount of any judgment
m. Cost To Correct
that accrues after entry of the judgment and
Any claim based upon or arising out of before we have paid, offered to pay or expenses incurred to correct errors in your deposited in court the part of the judgment that "printing services". This includes the cost of is within the applicable limit of insurance. reprinting, recovery, shipment or the cost of These payments will not reduce the limits of insurance. additional services performed to correct
deficiencies in the original services performed
for others. SECTION II - WHO IS AN INSURED
This exclusion does not apply to "damages": 1. If you are designated in the Declarations as:
(1) If the negligent act, error or omission a. An individual, you and your spouse are causing such "damages" arises out of insureds, but only with respect to the conduct "printing services" performed on your of a business of which you are the sole owner. behalf; or b. A partnership or joint venture, you are an (2) If the costs or expenses incurred resulted insured. Your members, your partners, and from the withdrawal or inspection of their spouses are also insureds, but only with "printing services" because of known or respect to the conduct of your business. suspected deficiencies resulting in c. A limited liability company, you are an insured. "damages"; or Your members are also insureds, but only with (3) Claimed for postage that was properly respect to the conduct of your business. Your applied to the original mailing. managers are insureds, but only with respect to their duties as your managers.
Form SS 04 35 10 08 Page 3 of 6
d. An organization other than a partnership, joint SECTION III - LIMITS OF INSURANCE venture or limited liability company, you are an
"executive officers" 1. The Limit of Insurance for Printing Services Errors insured. Your and
and Omissions Liability shown in the Declarations
directors are insureds, but only with respect to
and the rules below fix the most we will pay
their duties as your officers or directors. Your
regardless of the number of:
stockholders are also insureds, but only with
respect to their liability as stockholders. a. Insureds; e. A trust, you are an insured. Your trustees are b. Claims made or "suits" brought; or also insureds, but only with respect to their c. Persons or organizations making claims or duties as your trustees. bringing "suits".
2. Each of the following is also an insured: 2. The Aggregate Limit shown in the Declarations is a. Your "employees", other than either your the most we will pay for the sum of all "damages" "executives officers" han parents, yin an to which this insurance applies. organization other than a partnership, joint 3. Subject to 2. above, the Each Claim Limit is the venture or limited liability company) or your most we will pay for the sum of all damages managers (if you are a limited liability because of any one claim. company), but only for acts, errors or Two or more claims arising out of a single omissions committed within the scope of their negligent act, error or omission or a series of employment by you or while performing duties related negligent acts, errors or omissions shall be related to the conduct of your business. considered one claim. Any such claim, whenever b. Your legal representative if you die, but only made and reported to us, shall be subject to:
with respect to their duties as such. That
a. The Each Claim Limit; and
representative will have all your rights and
duties under this Coverage Part. b. The Each Claim Deductible.
3. Any organization you newly acquire or form, other The Limits of Insurance of this coverage apply than a partnership, joint venture or limited liability separately to each policy period. If the policy period is company, and over which you maintain ownership extended after issuance for an additional period, such or majority interest, will qualify as a Named or amir aurance additional period will be deemed part of the policy Insured if there is no other similar insurance period for purposes of determining the Limits of available to that organization. However: Insurance.
a. Coverage under this provision is afforded only
until the 180th day after you acquire or form SECTION IV - DEDUCTIBLE the organization or the end of the policy Our obligation to pay "damages" on your behalf period, whichever is earlier; and applies to the amount of "damages" in excess of the b. Coverage under this provision does not apply Each Claim Deductible set forth in the Declarations. to "damages" for "printing services" that were 1. The terms of this Coverage Part, including those performed before you acquired or formed the egarding our rights and duties to defend any cla organization; r "suit" because of "damages", and your duties No person or organization is an insured with respect to the event of a claim or "suit" apply irrespective of the conduct of any current or past partnership, joint
venture or limited liability company that is not shown 2. We may pay any part or all of the deductible as a Named Insured in the Declarations. amount to effect settlement of any claim or "suit" and, upon notification of the action taken, you shall
promptly reimburse us for such part of the
deductible amount as has been paid by us.
SECTION V - CONDITIONS Other Insurance
Section E. Liability and Medical Expenses General If other valid and collectible insurance is available Conditions apply to this coverage, except as noted to the insured for a loss we cover under this below: PRINTING SERVICES ERRORS AND
OMISSIONS LIABILITY Coverage form, our
1. Condition 2. Duties in the Event of Negligent obligations are limited as follows:
Act, Error or Omission, Claim or Suit is This insurance is excess over any other insurance, replaced by the following: whether primary, excess, contingent or on any a. You must see to it that we are notified other basis, except when purchased specifically to promptly of any negligent act, error or apply in excess of this insurance. omission that may result in a claim. Notice 4. Condition 6 - Unintentional Failure to Disclose should include: Hazards with respect to Printing Services Errors (1) How, when and where the "damages" took and Omissions Liability coverage, is replaced by place; and the following:
(2) The names and addresses of any injured Representations persons or organizations and witnesses. By accepting this coverage, you agree:
b. If a claim is made or "suit" is brought against a. The statements in the Declarations are any insured, you must see to it that we receive accurate and complete; prompt written notice of the claim or "suit".
b. Those statements are based upon
c. You and any other involved insured must: representations you made to us; and (1) Immediately send us copies of any c. We have issued this policy in reliance upon demands, notices, summonses or legal your representations. papers received in connection with the
SECTION VI - DEFINITIONS
claim or "suit",
2) Authorize us to obtain records and other Section G. Liability and Medical Expenses information; Definitions apply to this coverage, except as noted below:
(3) Cooperate with us in the investigation,
settlement or defense of the claim or
"suit"; and 1. With respect to Printing Services Errors and Omissions, the following definitions are replaced:
(4) Assist us, upon request, in the
enforcement of any right against any a. "Damages" means economic loss. Damages do not include exemplary or punitive damages,
person or organization which may be
liable to the insured because of injury or injunctive relief, the cost of compliance with "damages" to which this insurance may injunctive relief, fines or penalties. also apply. b. "Suit" means a civil proceeding in which d. No insureds will, except at their own cost, "damages", because of a negligent act, error or omission in the performance or failure to
voluntarily make a payment, assume any perform "printing services" to which this obligation, or incur any expense, without our insurance applies are alleged. "Suit" includes:
consent.
(1) An arbitration proceeding in which such
2. Condition 3 - Financial Responsibility Laws
"damages" are claimed and to which the
does not apply to this coverage. insured must submit or does submit with
3. Condition 7 - Other Insurance is replaced by the our consent; or following with respect to Printing Services Errors
and Omissions Liability Coverage: (2) Any other alternative dispute resolution proceeding in which such "damages" are
claimed and to which the insured submits
with our consent.
Form SS 04 35 10 08 Page 5 of 6
2. The following definitions are added: b. "Printing services" means services, including a. "Employment practice" means: preparatory to printing, related to the development, the preparation, production or
(1) Refusal to employ any person; distribution of printed matter. 12) Termination of any personis employment Printed matter includes matter in an electronic document format intended to be capable for
(3) Employment related practices including being printed. but not limited to policies, acts
omissions such as coercion, demotion,
evaluation, reassignment, discipline,
defamation, harassment, humiliation or
discrimination directed at any person.
BUSINESS LIABILITY COVERAGE FORM
(b) Rented to, in the care, custody or b. Coverage under this provision does not control of, or over which physical apply to:
control is being exercised for any (1) "Bodily injury" or "property damage" purpose by you, any of your that occurred; or
"employees", "volunteer workers",
any partner or member (if you are (2) "Personal and advertising injury" arising out of an offense committed
a partnership or joint venture, or
any member (if you are a limited before you acquired or formed the liability company. organization.
b. Real Estate Manager 4. Operator Of Mobile Equipment
Any person (other than your "employee" or With respect to "mobile equipment" registered in "volunteer worker"), or any organization your name under any motor vehicle registration while acting as your real estate manager. law, any person is an insured while driving such c. Temporary Custodians Of Your equipment along a public highway with your Property permission. Any other person or organization
responsible for the conduct of such person is
Any person or organization having proper also an insured, but only with respect to liability temporary custody of your property if you arising out of the operation of the equipment, and die, but only: only if no other insurance of any kind is available (1) With respect to liability arising out of the to that person or organization for this liability. maintenance or use of that property; and However, no person or organization is an insured (2) Until your legal representative has with respect to:
been appointed. a. "Bodily injury" to a co-"employee" of the d. Legal Representative If You Die person driving the equipment; or Your legal representative if you die, but b. "Property damage" to property owned by, only with respect to duties as such. That rented to, in the charge of or occupied by representative will have all your rights and you or the employer of any person who is duties under this insurance. an insured under this provision. e. Unnamed Subsidiary 5. Operator of Nonowned Watercraft Any subsidiary and subsidiary thereof, of With respect to watercraft you do not own that yours which is a legally incorporated entity is less than 51 feet long and is not being used of which you own a financial interest of to carry persons for a charge, any person is an morc than 50% of the voting stock on the insured while operating such watercraft with effective date of this Coverage Part. your permission. Any other person or organization responsible for the conduct of
The insurance afforded herein for any
such person is also an insured, but only with
subsidiary not shown in the Declarations
respect to liability arising out of the operation
as a named insured does not apply to
of the watercraft, and only if no other
injury or damage with respect to which an insurance of any kind is available to that insured under this insurance is also an
person or organization for this liability.
insured under another policy or would be
an insured under such policy but for its However, no person or organization is an termination or upon the exhaustion of its insured with respect to:
limits of insurance. a. "Bodily injury" to a co-"employee" of the
3. Newly Acquired Or Formed Organization person operating the watercraft; or Any organization you newly acquire or form, b. "Property damage" to property owned by, other than a partnership, joint venture or rented to, in the charge of or occupied by limited liability company, and over which you you or the employer of any person who is maintain financial interest of more than 50% of an insured under this provision. the voting stock, will qualify as a Named 6. Additional Insureds When Required By Insured if there is no other similar insurance Written Contract, Written Agreement Or available to that organization. However: Permit
a. Coverage under this provision is afforded The person(s) or organizations) identified in only until the 180th day after you acquire Paragraphs a. through f. below are additional or form the organization or the end of the insureds when you have agreed, in a written policy period, whichever is earlier; and
Form SS 00 08 04 05 Page 11 of 24
BUSINESS LIABILITY COVERAGE FORM
contract, written agreement or because of a (e) Any failure to make such permit issued by a state or political inspections, adjustments, tests or subdivision, that such person or organization servicing as the vendor has be added as an additional insured on your agreed to make or normally policy, provided the injury or damage occurs undertakes to make in the usual subsequent to the execution of the contract or course of business, in connection agreement, or the issuance of the permit. with the distribution or sale of the A person or organization is an additional products;
insured under this provision only for that (f) Demonstration, installation, period of time required by the contract, servicing or repair operations, agreement or permit. except such operations performed
at the vendor's premises in
However, no such person or organization is an connection with the sale of the additional insured under this provision if such product; person or organization is included as an
additional insured by an endorsement issued (g) Products which, after distribution by us and made a part of this Coverage Part. or sale by you, have been labeled including all persons or organizations added or relabeled or used as a as additional insureds under the specific container, part or ingredient of any additional insured coverage grants in Section other thing or substance by or for F. - Optional Additional Insured Coverages. the vendor; or a. Vendors (h) "Bodily injury" or "property
damage" arising out of the sole
Any person(s) or organization(s) (referred to negligence of the vendor for its below as vendor), but only with respect to own acts or omissions or those of "bodily injury" or "property damage" arising
its employees or anyone else
out of "your products" which are distributed acting on its behalf. However, this or sold in the regular course of the vendor's
exclusion does not apply to:
business and only if this Coverage Part
provides coverage for "bodily injury" or (i) The exceptions contained in "property damage" included within the Subparagraphs (d) or (f); or "products-completed operations hazard". (i Such inspections, adjustments, (1) The insurance afforded to the vendor tests or servicing as the vendor is subject to the following additional has agreed to make or normally exclusions: undertakes to make in the usual
course of business, in
This insurance does not apply to:
connection with the distribution
(a) "Bodily injury" or "property or sale of the products. damage" for which the vendor is
(2) This insurance does not apply to any
obligated to pay damages by
insured person or organization from
reason of the assumption of whom you have acquired such products, liability in a contract or agreement. or any ingredient, part or container, This exclusion does not apply to entering into,
accompanying or
liability for damages that the containing such products. vendor would have in the absence
of the contract or agreement; b. Lessors Of Equipment
(b) Any warranty (1) Any person or organization from
express
unauthorized by you; whom you lease equipment; but only with respect to their liability for "bodily
(c) Any physical or chemical change
or
in the product made intentionally "personal and advertising injury" by the vendor; caused, in whole or in part, by your
(d) Repackaging, except when maintenance, operation or use of unpacked solely for the purpose of equipment leased to you by such inspection, demonstration, testing,
or the substitution of parts under
instructions from the manufacturer,
and then repackaged in the
BUSINESS LIABILITY COVERAGE FORM
(2) With respect to the insurance afforded e. Permits Issued By State Or Political to these additional insureds, this Subdivisions
insurance does not apply to any (1) Any state or political subdivision, but "occurrence" which takes place after only with respect to operations you cease to lease that equipment. performed by you or on your behalf for c. Lessors Of Land Or Premises which the state or political subdivision (1) Any person or organization from has issued a permit. whom you lease land or premises, but (2) With respect to the insurance afforded only with respect to liability arising out to these additional insureds, this of the ownership, maintenance or use insurance does not apply to:
of that part of the land or premises (a) "Bodily injury", "property damage" leased to you. or "personal and advertising
(2) With respect to the insurance afforded injury" arising out of operations to these additional insureds, this performed for the state or insurance does not apply to: municipality; or
(a) Any "occurrence" which takes (b) "Bodily injury" or "property damage" place after you cease to lease that included within the "products- land or be a tenant in that completed operations hazard". premises; or f. Any Other Party
(b) Structural alterations, new (1) Any other person or organization who construction Or demolition is not an insured under Paragraphs a. operations performed by or on through e. above, but only with behalf of such person or
respect to liability for "bodily injury",
organization. "property damage" or "personal and
d. Architects, Engineers Or Surveyors advertising injury" caused, in whole or (1) Any architect, engineer, or surveyor, but in part, by your acts or omissions or only with respect to liability for "bodily the acts or omissions of those acting injury", "property damage" or "personal on your behalf:
and advertising injury" caused, in whole (a) In the performance of your or in part, by your acts or omissions or ongoing operations; the acts or omissions of those acting on (b) In connection with your premises your behalf: owned by or rented to you; or
(a) In connection with your premises; (c) In connection with "your work" and or included within the "products-
(b) In the performance of your completed operations hazard", but ongoing operations performed by only if
you or on your behalf. (i) The written contract or written (2) With respect to the insurance afforded agreement requires you to to these additional insureds, the provide such coverage to following additional exclusion applies: such additional insured; and This insurance does not apply to (ii) This Coverage Part provides 'bodily injury", "property damage" ol coverage for "bodily injury" or "personal and advertising "property damage induded
arising out of the rendering of or the the "products-
failure to render any professional completed operations hazard". services by or for you, including: (2) With respect to the insurance afforded (a) The preparing, approving, to these additional insureds, this failure to prepare or approve, insurance does not apply to:
maps, shop drawings, opinions, "Bodily injury", "property damage" or reports, surveys, field orders, "personal and advertising injury" change orders, designs arising out of the rendering of, or the drawings and specifications; or failure to render, any professional (b) Supervisory, inspection, architectural, engineering or surveying architectural or engineering services, including:
activities.
Form SS 00 08 04 05 Page 13 of 24
BUSINESS LIABILITY COVERAGE FORM
(a) The preparing, approving, or This General Aggregate limit does not failure to prepare or approve, apply to "property damage" to premises maps, shop drawings, opinions, while rented to you or temporarily reports, surveys, field orders, occupied by you with permission of the change orders, designs owner, arising out of fire, lightning or drawings and specifications; or explosion.
(b) Supervisory, inspection, 3. Each Occurrence Limit
architectural or engineering Subject to 2.a. or 2.b above, whichever activities. applies, the most we will pay for the sum of all The limits of insurance that apply to additional damages because of all "bodily injury", insureds are described in Section D. - Limits "property damage" and medical expenses Of Insurance. arising out of any one "occurrence" is the How this insurance applies when other Liability and Medical Expenses Limit shown in insurance is available to an additional insured the Declarations. is described in the Other Insurance Condition The most we will pay for all medical expenses in Section E. - Liability And Medical Expenses because of "bodily injury" sustained by any General Conditions. one person is the Medical Expenses Limit No person or organization is an insured with shown in the Declarations. respect to the conduct of any current or past 4. Personal And Advertising Injury Limit partnership, joint venture or limited liability
Subject to 2.b. above, the most we will pay for
company that is not shown as a Named Insured in the sum of all damages because of all the Declarations. "personal and advertising injury" sustained by D. LIABILITY AND MEDICAL EXPENSES any one person or organization is the Personal LIMITS OF INSURANCE and Advertising Injury Limit shown in the Declarations.
1. The Most We Will Pay
5. Damage To Premises Rented To You Limit
The Limits of Insurance shown in the
Declarations and the rules below fix the most The Damage To Premises Rented To You Limit is the most we will pay under Business
we will pay regardless of the number of:
Liability Coverage for damages because of
a. Insureds; "property damage" to any one premises, while b. Claims made or "suits" brought; or rented to you, or in the case of damage by fire, c. Persons or organizations making claims or lightning or explosion, while rented to you or bringing "suits". temporarily occupied by you with permission of the owner.
2. Aggregate Limits
In the case of damage by fire, lightning or
The most we will pay for:
explosion, the Damage to Premises Rented To
a. Damages because of "bodily injury" and
You Limit applies to all damage proximately
"property damage" included in the caused by the same event, whether such "products-completed operations hazard" is damage results from fire, lightning or explosion the Products-Completed Operations or any combination of these.
Aggregate Limit shown in the
6. How Limits Apply To Additional Insureds
Declarations.
b. Damages because of all other "bodily The most we will pay on behalf of a person or injury", "property damage" or "personal organization who is an additional insured and advertising injury", including medical under this Coverage Part is the lesser of:
expenses, is the General Aggregate Limit a. The limits of insurance specified in a shown in the Declarations. written contract, written agreement or permit issued by a state or political
This General Aggregate Limit applies
separately to each of your "locations' subdivision; or
owned by or rented to you. b. The Limits of Insurance shown in the "Location" means premises involving the Declarations.
same or connecting lots, or premises Such amount shall be a part of and not in whose connection is interrupted only by a addition to the Limits of Insurance shown in street, roadway or right-of-way of a the Declarations and described in this Section. railroad.
BUSINESS LIABILITY COVERAGE FORM
If more than one limit of insurance under this (1) Immediately send us copies of any policy and any endorsements attached thereto demands, notices, summonses or applies to any claim or "suit", the most we will pay legal papers received in connection under this policy and the endorsements is the with the claim or "suit", single highest limit of liability of all coverages 2) Authorize us to obtain records and applicable to such claim or "suit". However, this other information; paragraph does not apply to the Medical Expenses
limit set forth in Paragraph 3. above. (3) Cooperate with us in the investigation, settlement of the claim or defense
The Limits of Insurance of this Coverage Part apply against the "suit"; and separately to each consecutive annual period and to
(4) Assist us, upon our request, in the
any remaining period of less than 12 months, starting
enforcement of any right against any
with the beginning of the policy period shown in the person or organization that may be Declarations, unless the policy period is extended liable to the insured because of injury after issuance for an additional period of less than 12 or damage to which this insurance
months. In that case, the additional period will be
may also apply.
deemed part of the last preceding period for purposes
d. Obligations At The Insured's Own Cost
of determining the Limits of Insurance.
No insured will, except at that insured's own
E. LIABILITY AND MEDICAL EXPENSES
cost, voluntarily make a payment, assume
GENERAL CONDITIONS any obligation, or incur any expense, other
1. Bankruptcy than for first aid, without our consent.
Bankruptcy or insolvency of the insured or of e. Additional Insured's Other Insurance the insured's estate will not relieve us of our If we cover a claim or "suit" under this obligations under this Coverage Part. Coverage Part that may also be covered
2. Duties In The Event Of Occurrence, by other insurance available to an Offense, Claim Or Suit additional insured, such additional insured must submit such claim or "suit" to the
a. Notice Of Occurrence Or Offense
other insurer for defense and indemnity.
You or any additional insured must see to
However, this provision does not apply to
it that we are notified as soon as
practicable of an "occurrence" or an the extent that you have agreed in a offense which may result in a claim. To written contract, written agreement or permit that this insurance is primary and
the extent possible, notice should include:
non-contributory with the additional
(1) How, when and where the "occurrence" insured's own insurance. or offense took place;
f. Knowledge Of An Occurrence, Offense,
(2) The names and addresses of any Claim Or Suit
injured persons and witnesses; and
Paragraphs a. and b. apply to you or to
(3) The nature and location of anv iniurv
any additional insured only when such
or damage arising out of the "occurrence", offense, claim or "suit" is "occurrence" or offense. known to:
b. Notice Of Claim (1) You or any additional insured that is If a claim is made or "suit" is brought an individual;
against any insured, you or any additional (2) Any partner, if you or an additional insured must: insured is a partnership;
(1) Immediately record the specifics of the (3) Any manager, if you or an additional claim or "suit" and the date received; insured is a limited liability company; and
(4) Any "executive officer" or insurance
(2) Notify us as soon as practicable. manager, if you or an additional You or any additional insured must see to insured is a corporation; it that we receive a written notice of the (5) Any trustee, if you or an additional claim or "suit" as soon as practicable. insured is a trust; or c. Assistance And Cooperation Of The (6) Any elected or appointed official, if you Insured or an additional insured is a political
You and any other involved insured must: subdivision or public entity.
Form SS 00 08 04 05 Page 15 of 24
BUSINESS LIABILITY COVERAGE FORM
This Paragraph f. applies separately to (3) We have issued this policy in reliance you and any additional insured. upon your representations.
3. Financial Responsibility Laws b. Unintentional Failure To Disclose a. When this policy is certified as proof of Hazards
financial responsibility for the future under If unintentionally you should fail to disclose the provisions of any motor vehicle all hazards relating to the conduct of your financial responsibility law, the insurance business at the inception date of this provided by the policy for "bodily injury" Coverage Part, we shall not deny any liability and "property damage" liability will coverage under this Coverage Part comply with the provisions of the law to because of such failure. the extent of the coverage and limits of 7. Other Insurance insurance required by that law.
If other valid and collectible insurance is
b. With respect to "mobile equipment" to
available for a loss we cover under this
which this insurance applies, we will Coverage Part, our obligations are limited as provide any liability, uninsured motorists, follows:
underinsured motorists, no-fault or other
coverage required by any motor vehicle a. Primary Insurance law. We will provide the required limits for This insurance is primary except when b. those coverages. below applies. If other insurance is also
4. Legal Action Against Us primary, we will share with all that other insurance by the method described in c.
No person or organization has a right under
below.
this Coverage Form:
b. Excess Insurance
a. To join us as a party or otherwise bring us
into a "suit" asking for damages from an This insurance is excess over any of the insured; or other insurance, whether primary, excess,
b. To sue us on this Coverage Form unless contingent or on any other basis:
all of its terms have been fully complied (1) Your Work with. That is Fire, Extended Coverage,
A person or organization may sue us to recover Builder's Risk, Installation Risk or on an agreed settlement or on a final judgment similar coverage for "your work"; against an insured; but we will not be liable for (2) Premises Rented To You damages that are not payable under the terms of
this insurance or that are in excess of the That is fire, lightning or explosion applicable limit of insurance. insurance for premises rented to you An agreed
or temporarily occupied by you with
settlement means a settlement and release of
insured and the permission of the owner;
liability signed by us, the
claimant or the claimant's legal representative. (3) Tenant Liability
5. Separation Of Insureds That is insurance purchased by you to cover your liability as a tenant for
Except with respect to the Limits of Insurance, "property damage" to premises rented and any rights or duties specifically assigned
in this policy to the first Named Insured, this to you or temporarily occupied by you with permission of the owner;
insurance applies:
(4) Aircraft, Auto Or Watercraft
a. As if each Named Insured were the only
Named Insured; and If the loss arises out of the maintenance b. Separately to each insured against whom or use of aircraft, "autos" or watercraft to a claim is made or "suit" is brought. the extont not subjact to Exclusion g. of Section A. - Coverages.
6. Representations
(5) Property Damage To Borrowed
a. When You Accept This Policy Equipment Or Use Of Elevators By accepting this policy, you agree: If the loss arises out of "property (1) The statements in the Declarations damage" to borrowed equipment or are accurate and complete; the use of elevators to the extent not (2) Those statements are based upon subject to Exclusion k. of Section A. - representations you made to us; and Coverages.
ACORD® DATE (MM/DD/YYYY)
CERTIFICATE OF LIABILITY INSURANCE 07/05/2023
BELOW AN ERICA AURANT DOES NOT CONSTRUE ONE BENE HE SUN NURERS AUTORED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
Automatic Data Processing Insurance Agency, Inc. PHONE FAX, No):
(A/C, No, Ext):
E-MAIL
ADDRESS:
1 Adp Boulevard INSURERS) AFFORDING COVERAGE NAIC#
Roseland NJ 07068 Sequoia Insurance Company 22985
INSURER A :
INSURED Hines Edm Inc INSURER B:
INSURER C:
1380 Lead Hill Bld Ste 106 INSURER D:
INSURER E:
Roseville CA 95661 INSURER F:
COVERAGES CERTIFICATE NUMBER: 3096006 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
INSR TYPE OF INSURANCE ADDL SUBR POLICY EFI
LTR INSD WVD POLICY NUMBER MM/DD/Y LIMITS
COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE
DAMAGE TO RENTED
CLAIMS-MADE OCCUR PREMISES (Ea occurrence)
MED EXP (Any one person)
PERSONAL & ADV INJURY
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE
POLICY LOC PRODUCTS - COMP/OP AGG
OTHER:
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $
(Ea accident)
ANY AUTO BODILY INJURY (Per person)
OWNED SCHEDULED BODILY INJURY (Per accident)
AUTOS ONLY AUTOS
HIRED NON-OWNED PROPERTY DAMAGI
AUTOS ONLY AUTOS ONLY Per accident
UMBRELLA LIAB OCCUR EACH OCCURRENCE
EXCESS LIAB CLAIMS-MADE AGGREGATE
DED RETENTIONS
WORKERS COMPENSATION X STATUTE
AND EMPLOYERS' LIABILITY Y/ N
ANY PROPRIETOR/PARTNER/EXECUTIV E.L. EACH ACCIDENT $ 1,000,000 \ OFFICER/MEMBER EXCLUDED N N/A QWC1226834 08/24/2022 08/24/2023 (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ 1,000,000 DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Pacifica ACCORDANCE WITH THE POLICY PROVISIONS. 170 Santa Maria Avenue
AUTHORIZED REPRESENTATIVE
Pacifica CA 94404 May be Thei
© 1988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Agreement_Hines EDM_20230701_ScanningPr
oject_Amendment1_recvd 7.11.23_approved
Final Audit Report 2023-07-24
Created: 2023-07-24
By: Jennie Kenway ([email protected])
Status: Signed
Transaction ID: CBJCHBCAABAAnxMEBZtbKXlouNKe5RltuV/bohlHv0UDb "Agreement_Hines EDM_20230701_ScanningProject_Amendme
nt1_recvd 7.11.23_approved" History
L Document created by Jennie Kenway ([email protected]) 2023-07-24 - 6:25:18 PM GMT
2 Document emailed to [email protected] for signature 2023-07-24 - 6:26:05 PM GMT
Email viewed by [email protected]
2023-07-24 - 7:10:45 PM GMT
Go Signer [email protected] entered name at signing as Kevin Woodhouse 2023-07-24 - 7:11:07 PM GMT
Do Document e-signed by Kevin Woodhouse ([email protected]) Signature Date: 2023-07-24 - 7:11:09 PM GMT - Time Source: server Document emailed to Sarah Coffey ([email protected]) for signature 2023-07-24 - 7:11:10 PM GMT
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2023-07-24 - 7:36:20 PM GMT
Do Document e-signed by Sarah Coffey ([email protected]) Signature Date: 2023-07-24 - 7:52:47 PM GMT - Time Source: server Agreement completed.
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