Agenda packet — Placentia City Council, February 1, 2022 (part 2 of 2)

The Continental Insurance Co.

Insured Name: DUDE SOLUTIONS, INC.

Policy No: 6078704688
Endorsement No:

Effective Date: 10/01/2021
1 Attachm • 7693 Certificate ID: 18211778
Technology General Liability Extension Endorsement

1. ADDITIONAL INSUREDS
a. WHO IS AN INSURED is amended to include as an Insured any person or organization described in paragraphs A. through K. below whom a Named Insured is required to add as an additional insured on this Coverage Part under a written contract or written agreement, provided such contract or agreement:
(1) is currently in effect or becomes effective during the term of this Coverage Part; and (2) was executed prior to:
(a) the bodily injury or property damage; of
(b) the offense that caused the personal and advertising injury, for which such additional insured seeks coverage.
b. However, subject always to the terms and conditions of this policy, including the limits of insurance, the Insurer will not provide such additional insured with:
(1) a higher limit of insurance than required by such contract or agreement; or (2) coverage broader than required by such contract or agreement, and in no event broader than that described by the applicable paragraph A. through K. below.

Any coverage granted by this endorsement shall apply only to the extent permissible by law.

A. Controlling Interest
Any person or organization with a controlling interest in a Named Insured, but only with respect to such person or organization's liability for bodily injury, property damage or personal and advertising injury arising out of:

1. such person or organization's financial control of a Named Insured; or

2. premises such person or organization owns, maintains or controls while a Named Insured leases or occupies such premises;
provided that the coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured.

B. Co-owner of Insured Premises
A co-owner of a premises co -owned by a Named Insured and covered under this insurance but only with respect to such co -owner's liability for bodily injury, property damage or personal and advertising injury as co-owner of such premises.

C. Grantor of Franchise
Any person or organization that has granted a franchise to a Named Insured, but only with respect to such person or organization's liability for bodily injury, property damage or personal and advertising injury as grantor of a franchise to the Named Insured.

D. Lessor of Equipment
Any person or organization from whom a Named Insured leases equipment, but only with respect to liability for bodily injury, property damage or personal and advertising injury caused, in whole or in part, by the Named Insured's maintenance, operation or use of such equipment, provided that the occurrence giving rise to such bodily injury, property damage or the offense giving rise to such personal and advertising injury takes place prior to the termination of such lease.

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The Continental Insurance Co. Effective Date: 10/01/2021 Insured Name: DUDE SOLUTIONS, INC.

Attachm c• 7693 Certificate ID: 18211778
Technology General Liability Extension Endorsement
E. Lessor of Land
Any person or organization from whom a Named Insured leases land but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of the ownership, maintenance or use of such land, provided that the occurrence giving rise to such bodily injury, property damage or the offense giving rise to such personal and advertising injury takes place prior to the termination of such lease. The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured.

F. Lessor of Premises
An owner or lessor of premises leased to the Named Insured, or such owner or lessor's real estate manager, but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of the ownership, maintenance or use of such part of the premises leased to the Named Insured, and provided that the occurrence giving rise to such bodily injury or property damage, or the offense giving rise to such personal and advertising injury, takes place prior to the termination of such lease. The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured.

G. Mortgagee, Assignee or Receiver
A mortgagee, assignee or receiver of premises but only with respect to such mortgagee, assignee or receiver's liability for bodily injury, property damage or personal and advertising injury arising out of the Named Insured's ownership, maintenance, or use of a premises by a Named Insured.

The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured.

H. State or Governmental Agency or Subdivision or Political Subdivisions — Permits A state or governmental agency or subdivision or political subdivision that has issued a permit or authorization but only with respect to such state or governmental agency or subdivision or political subdivision's liability for bodily injury, property damage or personal and advertising injury arising out of:

1. the following hazards in connection with premises a Named Insured owns, rents, or controls and to which this insurance applies:
a. the existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoistaway openings, sidewalk vaults, street banners, or decorations and similar exposures; or b. the construction, erection, or removal of elevators; or c. the ownership, maintenance or use of any elevators covered by this insurance; or

2. the permitted or authorized operations performed by a Named Insured or on a Named Insured's behalf.

The coverage granted by this paragraph does not apply to:
a. Bodily injury, property damage or personal and advertising injury arising out of operations performed for the state or governmental agency or subdivision or political subdivision; or b. Bodily injury or property damage included within the products -completed operations hazard.

With respect to this provision's requirement that additional insured status must be requested under a written contract or agreement, the Insurer will treat as a written contract any governmental permit that requires the Named Insured to add the governmental entity as an additional insured.

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The Continental Insurance Co.

Insured Name: DUDE SOLUTIONS, INC.

Policy No: 6078704688
Endorsement No:

Effective Date: 10/01/2021

Attachm e• 7693 Certificate ID: 18211778
Technology General Liability Extension Endorsement
I. Trade Show Event Lessor

1. With respect to a Named Insured's participation in a trade show event as an exhibitor, presenter or displayer, any person or organization whom the Named Insured is required to include as an additional insured, but only with respect to such person or organization's liability for bodily injury, property damage or personal and advertising injury caused by:
a. the Named Insured's acts or omissions; or
b. the acts or omissions of those acting on the Named Insured's behalf, in the performance of the Named Insured's ongoing operations at the trade show event premises during the trade show event.

2. The coverage granted by this paragraph does not apply to bodily injury or property damage included within the products -completed operations hazard.

J. Vendor
Any person or organization but only with respect to such person or organization's liability for bodily injury or property damage arising out of your products which are distributed or sold in the regular course of such person or organization's business, provided that:

1. The coverage granted by this paragraph does not apply to:
a. bodily injury or property damage for which such person or organization is obligated to pay damages by reason of the assumption of liability in a contract or agreement unless such liability exists in the absence of the contract or agreement;
b. any express warranty unauthorized by the Named Insured; c. any physical or chemical change in any product made intentionally by such person or organization; d. repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container;
e. any failure to make any inspections, adjustments, tests or servicing that such person or organization has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products;
f. demonstration, installation, servicing or repair operations, except such operations performed at such person or organization's premises in connection with the sale of a product; products which, after distribution or sale by the Named Insured, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for such person or organization; or
h. bodily injury or property damage arising out of the sole negligence of such person or organization for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to:
(1) the exceptions contained in Subparagraphs d. or f. above; or (2) such inspections, adjustments, tests or servicing as such person or organization has agreed with the Named Insured to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. g.

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The Continental Insurance Co.

Insured Name: DUDE SOLUTIONS, INC.

Policy No: 6078704688
Endorsement No:

Effective Date: 10/01/2021

Attachin • 7693 Certificate ID: 18211778
Technology General Liability Extension Endorsement

2. This Paragraph J. does not apply to any insured person or organization, from whom the Named Insured has acquired such products, nor to any ingredient, part or container, entering into, accompanying or containing such products.

3. This Paragraph J. also does not apply:
a. to any vendor specifically scheduled as an additional insured by endorsement to this Coverage Part;
b. to any of your products for which coverage is excluded by endorsement to this Coverage Part; nor c. if bodily injury or property damage included within the products -completed operations hazard is excluded by endorsement to this Coverage Part.

K. Other Person Or Organization / Your Work
Any person or organization who is not an additional insured under Paragraphs A. through J. above. Such additional insured is an Insured solely for bodily injury, property damage or personal and advertising injury for which such additional insured is liable because of the Named Insured's acts or omissions.

The coverage granted by this paragraph does not apply to any person or organization:

1. who is specifically scheduled as an additional insured on another endorsement to this Coverage Part; nor

2. for bodily injury or property damage included within the products -completed operations hazard except to the extent all of the following apply:
a. this Coverage Part provides such coverage;
b. the written contract or agreement described in the opening paragraph of this ADDITIONAL INSUREDS Provision requires the Named Insured to provide the additional insured such coverage; and
c. the bodily injury or property damage results from your work that is the subject of the written contract or agreement, and such work has not been excluded by endorsement to this Coverage Part.

2. ADDITIONAL INSURED - PRIMARY AND NON-CONTRIBUTORY TO ADDITIONAL INSURED'S

INSURANCE
A. The Other Insurance Condition in the COMMERCIAL GENERAL LIABILITY CONDITIONS Section is amended to add the following paragraph:

If the Named Insured has agreed in writing in a contract or agreement that this insurance is primary and non-contributory relative to an additional insured's own insurance, then this insurance is primary, and the Insurer will not seek contribution from that other insurance. For the purpose of this Provision 2., the additional insured's own insurance means insurance on which the additional insured is a named insured.

B. With respect to persons or organizations that qualify as additional insureds pursuant to paragraph 1.K. of this endorsement, the following sentence is added to the paragraph above:

Otherwise, and notwithstanding anything to the contrary elsewhere in this Condition, the insurance provided to such person or organization is excess of any other insurance available to such person or organization.

3. BODILY INJURY — EXPANDED DEFINITION
Under DEFINITIONS, the definition of bodily injury is deleted and replaced by the following:

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The Continental Insurance Co.

Insured Name: DUDE SOLUTIONS, INC.

Policy No: 6078704688
Endorsement No:

Effective Date: 10/01/2021

Attache 7693 Certificate ID: 18211778
Technology General Liability Extension Endorsement
Bodily injury means physical injury, sickness or disease sustained by a person, including death, humiliation, shock, mental anguish or mental injury sustained by that person at any time which results as a consequence of the physical injury, sickness or disease.

4. BROAD KNOWLEDGE OF OCCURRENCE/ NOTICE OF OCCURRENCE
Under CONDITIONS, the condition entitled Duties in The Event of Occurrence, Offense, Claim or Suit Condition is amended to add the following provisions:

A. BROAD KNOWLEDGE OF OCCURRENCE
The Named Insured must give the Insurer or the Insurer's authorized representative notice of an occurrence, offense or claim only when the occurrence, offense or claim is known to a natural person Named Insured, to a partner, executive officer, manager or member of a Named Insured, or to an employee designated by any of the above to give such notice.

B. NOTICE OF OCCURRENCE
The Named Insured's rights under this Coverage Part will not be prejudiced if the Named Insured fails to give the Insurer notice of an occurrence, offense or claim and that failure is solely due to the Named Insured's reasonable belief that the bodily injury or property damage is not covered under this Coverage Part. However, the Named Insured shall give written notice of such occurrence, offense or claim to the Insurer as soon as the Named Insured is aware that this insurance may apply to such occurrence, offense or claim.

5. BROAD NAMED INSURED
WHO IS AN INSURED is amended to delete its Paragraph 3. in its entirety and replace it with the following:

3. Pursuant to the limitations described in Paragraph 4. below, any organization in which a Named Insured has management control:
a. on the effective date of this Coverage Part; or
b. by reason of a Named Insured creating or acquiring the organization during the policy period, qualifies as a Named Insured, provided that there is no other similar liability insurance, whether primary, contributory, excess, contingent or otherwise, which provides coverage to such organization, or which would have provided coverage but for the exhaustion of its limit, and without regard to whether its coverage is broader or narrower than that provided by this insurance.

But this BROAD NAMED INSURED provision does not apply to:
(a) any partnership or joint venture; or
(b) any organization for which coverage is excluded by another endorsement attached to this Coverage Part.

For the purpose of this provision, and of this endorsement's JOINT VENTURES / PARTNERSHIP / LIMITED LIABILITY COMPANIES provision, management control means:

A. owning interests representing more than 50% of the voting, appointment or designation power for the selection of a majority of the Board of Directors of a corporation, or the members of the management board of a limited liability company; or
B. having the right, pursuant to a written trust agreement, to protect, control the use of, encumber or transfer or sell property held by a trust.

CNA74872XX (1-15)

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The Continental Insurance Co.

Insured Name: DUDE SOLUTIONS, INC.

Policy No: 6078704688
Endorsement No:

Effective Date: 10/01/2021

A€€aehi»��>�� 3 Certificate ID: 18211778
Technology General Liability Extension Endorsement

4. With respect to organizations which qualify as Named Insureds by virtue of Paragraph 3. above, this insurance does not apply to:
a. bodily injury or property damage that first occurred prior to the date of management control, or that first occurs after management control ceases; nor
b. personal or advertising injury caused by an offense that first occurred prior to the date of management control or that first occurs after management control ceases.

5. The insurance provided by this Coverage Part applies to Named Insureds when trading under their own names or under such other trading names or doing -business -as names (dba) as any Named Insured should choose to employ.

6. ESTATES, LEGAL REPRESENTATIVES, AND SPOUSES
The estates, heirs, legal representatives and spouses of any natural person Insured shall also be insured under this policy; provided, however, coverage is afforded to such estates, heirs, legal representatives, and spouses only for claims arising solely out of their capacity or status as such and, in the case of a spouse, where such claim seeks damages from marital community property, jointly held property or property transferred from such natural person Insured to such spouse. No coverage is provided for any act, error or omission of an estate, heir, legal representative, or spouse outside the scope of such person's capacity or status as such, provided however that the spouse of a natural person Named Insured and the spouses of members or partners of joint venture or partnership Named Insureds are Insureds with respect to such spouses' acts, errors or omissions in the conduct of the Named Insured's business.

7. EXPECTED OR INTENDED INJURY — EXCEPTION FOR REASONABLE FORCE Under COVERAGES, Coverage A — Bodily Injury And Property Damage Liability, the paragraph entitled Exclusions is amended to delete the exclusion entitled Expected or Intended Injury and replace it with the following:

This insurance does not apply to:

Expected or Intended Injury
Bodily injury or property damage expected or intended from the standpoint of the Insured. This exclusion does not apply to bodily injury or property damage resulting from the use of reasonable force to protect persons or property.

8. IN REM ACTIONS
A quasi in rem action against any vessel owned or operated by or for the Named Insured, or chartered by or for the Named Insured, will be treated in the same manner as though the action were in personam against the Named Insured.

9. INCIDENTAL HEALTH CARE MALPRACTICE COVERAGE
Solely with respect to bodily injury that arises out of a health care incident:

A. Under COVERAGES, Coverage A — Bodily Injury And Property Damage Liability, the Insuring Agreement is amended to replace Paragraphs 1.b.(1) and 1.b.(2) with the following:
b. This insurance applies to bodily injury provided that the professional health care services are incidental to the Named Insured's primary business purpose, and only if:
(1) such bodily injury is caused by an occurrence that takes place in the coverage territory.

CNA74872XX (1-15)

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The Continental Insurance Co.

Insured Name: DUDE SOLUTIONS, INC.

Policy No: 6078704688
Endorsement No:

Effective Date: 10/01/2021

Attacht3c• - 7693 Certificate ID: 18211778
Technology General Liability Extension Endorsement
(2) the bodily injury first occurs during the policy period. All bodily injury arising from an occurrence will be deemed to have occurred at the time of the first act, error, or omission that is part of the occurrence; and
B. Under COVERAGES, Coverage A — Bodily Injury And Property Damage Liability, the paragraph entitled Exclusions is amended to:
i. add the following to the Employers Liability exclusion:

This exclusion applies only if the bodily injury arising from a health care incident is covered by other liability insurance available to the Insured (or which would have been available but for exhaustion of its limits).
ii. delete the exclusion entitled Contractual Liability and replace it with the following:

This insurance does not apply to:

Contractual Liability
the Insured's actual or alleged liability under any oral or written contract or agreement, including but not limited to express warranties or guarantees.
iii. add the following additional exclusions.

This insurance does not apply to:

Discrimination
any actual or alleged discrimination, humiliation or harassment, that includes but shall not be limited to claims based on an individual's race, creed, color, age, gender, national origin, religion, disability, marital status or sexual orientation.

Dishonesty or Crime
Any actual or alleged dishonest, criminal or malicious act, error or omission.

Medicare/Medicaid Fraud
any actual or alleged violation of law with respect to Medicare, Medicaid, Tricare or any similar federal, state or local governmental program.

Services Excluded by Endorsement
Any health care incident for which coverage is excluded by endorsement.

C. DEFINITIONS is amended to:
add the following definitions:

Health care incident means an act, error or omission by the Named Insured's employees or volunteer workers in the rendering of:
a. professional health care services on behalf of the Named Insured or b. Good Samaritan services rendered in an emergency and for which no payment is demanded or received.

Professional health care services means any health care services or the related furnishing of food, beverages, medical supplies or appliances by the following providers in their capacity as such but solely to the extent they are duly licensed as required:
a. Physician;
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The Continental Insurance Co. Effective Date: 10/01/2021 Insured Name: DUDE SOLUTIONS, INC.

Attachm c• 7693 Certificate ID: 18211778
Technology General Liability Extension Endorsement
b. Nurse;
c. Nurse practitioner;
d. Emergency medical technician;
e. Paramedic;
f. Dentist;
g. Physical therapist;
h. Psychologist;
i. Speech therapist;
j. Other allied health professional; or
Professional health care services does not include any services rendered in connection with human clinical trials or product testing.
ii. delete the definition of occurrence and replace it with the following:

Occurrence means a health care incident. All acts, errors or omissions that are logically connected by any common fact, circumstance, situation, transaction, event, advice or decision will be considered to constitute a single occurrence;
iii. amend the definition of Insured to:
a. add the following:
• the Named Insured's employees are Insureds with respect to:
(1)
bodily injury to a co -employee while in the course of the co -employee's employment by the Named Insured or while performing duties related to the conduct of the Named Insured's business; and
(2) bodily injury to a volunteer worker while performing duties related to the conduct of the Named Insured's business;
when such bodily injury arises out of a health care incident. • the Named Insured's volunteer workers are Insureds with respect to:
(1) bodily injury to a co -volunteer worker while performing duties related to the conduct of the Named Insured's business; and
(2) bodily injury to an employee while in the course of the employee's employment by the Named Insured or while performing duties related to the conduct of the Named Insured's business;
when such bodily injury arises out of a health care incident. b. delete Subparagraphs (a), (b), (c) and (d) of Paragraph 2.a.(1) of WHO IS AN INSURED. c. add the following:

Insured does not include any physician while acting in his or her capacity as such.

D. The Other Insurance condition is amended to delete Paragraph b.(1) in its entirety and replace it with the following:

Other Insurance
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The Continental Insurance Co. Effective Date: 10/01/2021 Insured Name: DUDE SOLUTIONS, INC.

Attachm ' c' 7093 Certificate ID: 18211778
Technology General Liability Extension Endorsement
b. Excess Insurance
(1) To the extent this insurance applies, it is excess over any other insurance, self insurance or risk transfer instrument, whether primary, excess, contingent or on any other basis, except for insurance purchased specifically by the Named Insured to be excess of this coverage.

10. JOINT VENTURES / PARTNERSHIP / LIMITED LIABILITY COMPANIES WHO IS AN INSURED is amended to delete its last paragraph and replace it with the following:

No person or organization is an Insured with respect to:
the conduct of any current or past partnership or joint venture that is not shown as a Named Insured in the Declarations; nor
• the conduct of a current or past limited liability company in which a Named Insured's interest does/did not rise to the level of management control;
except that if the Named Insured was a joint venturer, partner, or member of such a limited liability company, and such joint venture, partnership or limited liability company terminated prior to or during the policy period, then such Named Insured is an Insured with respect to its interest in such joint venture, partnership or limited liability company but only to the extent that:
a. any offense giving rise to personal and advertising injury occurred prior to such termination date, and the personal and advertising injury arising out of such offense, first occurred after such termination date; b. the bodily injury or property damage first occurred after such termination date; and c. there is no other valid and collectible insurance purchased specifically to insure the partnership, joint venture or limited liability company.

11. LEGAL LIABILITY — DAMAGE TO PREMISES
A. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete the first paragraph immediately following subparagraph (6) of the Damage to Property exclusion and replace it with the following:

Paragraphs (1), (3) and (4) of this exclusion do not apply to property damage (other than damage by fire, lightning, explosion, smoke or leakage from automatic fire protective systems) to premises rented to the Named Insured or temporarily occupied by the Named Insured with the permission of the owner, nor to the contents of premises rented to the Named Insured for a period of 7 or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in LIMITS OF INSURANCE.

B. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete its last paragraph and replace it with the following:

Exclusions c. through n. do not apply to damage by fire, lightning, explosion, smoke or leakage from automatic fire protective systems to premises while rented to a Named Insured or temporarily occupied by a Named Insured with permission of the owner, nor to damage to the contents of premises rented to a Named Insured for a period of 7 or fewer consecutive days.

A separate limit of insurance applies to this coverage as described in the LIMITS OF INSURANCE Section.

C. LIMITS OF INSURANCE is amended to delete Paragraph 6. (the Damage To Premises Rented To You Limit) and replace it with the following:

6. Subject to Paragraph 5. above, (the Each Occurrence Limit), the Damage To Premises Rented To You Limit is the most the Insurer will pay under COVERAGE A for damages because of property damage to:

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The Continental Insurance Co.

Insured Name: DUDE SOLUTIONS, INC.

Policy No: 6078704688
Endorsement No:

Effective Date: 10/01/2021

Attachmc• 7693 Certificate ID: 18211778
ir
Technology General Liability Extension Endorsement
a. any one premises while rented to a Named Insured or temporarily occupied by a Named Insured with the permission of the owner; and
b. contents of such premises if the premises is rented to the Named Insured for a period of 7 or fewer consecutive days.

The Damage To Premises Rented To You Limit is $500,000. unless a higher Damage to Premises Rented to You Limit is shown in the Declarations.

D. The Other Insurance Condition is amended to delete Paragraph b.(1)(a)(ii), and replace it with the following:
(ii) That is property insurance for premises rented to a Named Insured, for premises temporarily occupied by the Named Insured with the permission of the owner; or for personal property of others in the Named Insured's care, custody or control;
E. This Provision 11. does not apply if liability for damage to premises rented to a Named Insured is excluded by another endorsement attached to this Coverage Part.

12. MEDICAL PAYMENTS
A. LIMITS OF INSURANCE is amended to delete Paragraph 7. (the Medical Expense Limit) and replace it with the following:

7. Subject to Paragraph 5. above (the Each Occurrence Limit), the Medical Expense Limit is the most the Insurer will pay under Coverage C — Medical Payments for all medical expenses because of bodily injury sustained by any one person. The Medical Expense Limit is the greater of:
(1) $15,000 unless a different amount is shown here: @@@@@@@@@@@@@@ ; or (2) the amount shown in the Declarations for Medical Expense Limit.

B. Under COVERAGES, the Insuring Agreement of Coverage C — Medical Payments is amended to replace Paragraph 1.a.(3)(b) with the following:
(b) The expenses are incurred and reported to the Insurer within three years of the date of the accident; and

13. NON -OWNED AIRCRAFT
Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended as follows:

The exclusion entitled Aircraft, Auto or Watercraft is amended to add the following:

This exclusion does not apply to an aircraft not owned by any Named Insured, provided that:

1. the pilot in command holds a currently effective certificate issued by the duly constituted authority of the United States of America or Canada, designating that person as a commercial or airline transport pilot;

2. the aircraft is rented with a trained, paid crew to the Named Insured; and

3. the aircraft is not being used to carry persons or property for a charge.

14. NON -OWNED WATERCRAFT
Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete subparagraph (2) of the exclusion entitled Aircraft, Auto or Watercraft, and replace it with the following.

This exclusion does not apply to:

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The Continental Insurance Co. Effective Date: 10/01/2021 Insured Name: DUDE SOLUTIONS, INC.

Attachm • 7693 Certificate ID: 18211778
Technology General Liability Extension Endorsement
(2) a watercraft that is not owned by any Named Insured, provided the watercraft is:
(a) less than 75 feet long; and
(b) not being used to carry persons or property for a charge.

15. PERSONAL AND ADVERTISING INJURY —DISCRIMINATION OR HUMILIATION A. Under DEFINITIONS, the definition of personal and advertising injury is amended to add the following tort:
• Discrimination or humiliation that results in injury to the feelings or reputation of a natural person.

B. Under COVERAGES, Coverage B — Personal and Advertising Injury Liability, the paragraph entitled Exclusions is amended to:

1. delete the Exclusion entitled Knowing Violation Of Rights Of Another and replace it with the following:

This insurance does not apply to:

Knowing Violation of Rights of Another
Personal and advertising injury caused by or at the direction of the Insured with the knowledge that the act would violate the rights of another and would inflict personal and advertising injury. This exclusion shall not apply to discrimination or humiliation that results in injury to the feelings or reputation of a natural person, but only if such discrimination or humiliation is not done intentionally by or at the direction of:
(a) the Named Insured; or
(b) any executive officer, director, stockholder, partner, member or manager (if the Named Insured is a limited liability company) of the Named Insured.

2. add the following exclusions:

This insurance does not apply to:

Employment Related Discrimination
Discrimination or humiliation directly or indirectly related to the employment, prospective employment, past employment or termination of employment of any person by any Insured.

Premises Related Discrimination
discrimination or humiliation arising out of the sale, rental, lease or sub -lease or prospective sale, rental, lease or sub -lease of any room, dwelling or premises by or at the direction of any Insured.

Notwithstanding the above, there is no coverage for fines or penalties levied or imposed by a governmental entity because of discrimination.

The coverage provided by this PERSONAL AND ADVERTISING INJURY —DISCRIMINATION OR HUMILIATION Provision does not apply to any person or organization whose status as an Insured derives solely from
• Provision 1. ADDITIONAL INSURED of this endorsement; or • attachment of an additional insured endorsement to this Coverage Part.

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The Continental Insurance Co.

Insured Name: DUDE SOLUTIONS, INC.

Policy No: 6078704688
Endorsement No:

Effective Date: 10/01/2021

Attachm e- 7693 Certificate ID: 18211778
Technology General Liability Extension Endorsement

16. PERSONAL AND ADVERTISING INJURY - LIMITED CONTRACTUAL LIABILITY A. Under COVERAGES, Coverage B —Personal and Advertising Injury Liability, the paragraph entitled Exclusions is amended to delete the exclusion entitled Contractual Liability and replace it with the following:

This insurance does not apply to:

Contractual Liability
Personal and advertising injury for which the Insured has assumed liability in a contract or agreement.

This exclusion does not apply to liability for damages:
(1) that the Insured would have in the absence of the contract or agreement; or (2) assumed in a contract or agreement that is an insured contract provided the offense that caused such personal or advertising injury first occurred subsequent to the execution of such insured contract.

Solely for the purpose of liability assumed in an insured contract, reasonable attorney fees and necessary litigation expenses incurred by or for a party other than an Insured are deemed to be damages because of personal and advertising injury provided:
(a) liability to such party for, or for the cost of, that party's defense has also been assumed in such insured contract; and
(b) such attorney fees and litigation expenses are for defense of such party against a civil or alternative dispute resolution proceeding in which covered damages are alleged.

B. Solely for the purpose of the coverage provided by this paragraph, DEFINITIONS is amended to delete the definition of insured contract in its entirety, and replace it with the following:

Insured contract means that part of a written contract or written agreement pertaining to the Named Insured's business under which the Named Insured assumes the tort liability of another party to pay for personal or advertising injury arising out of the offense of false arrest, detention or imprisonment. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement.

C. Solely for the purpose of the coverage provided by this paragraph, the following changes are made to the Section entitled SUPPLEMENTARY PAYMENTS — COVERAGES A AND B:

1. Paragraph 2.d. is replaced by the following:
d. The allegations in the suit and the information the Insurer knows about the offense alleged in such suit are such that no conflict appears to exist between the interests of the Insured and the interests of the indemnitee;

2. The first unnumbered paragraph beneath Paragraph 2.f.(2)(b) is deleted and replaced by the following:

So long as the above conditions are met, attorneys fees incurred by the Insurer in the defense of that indemnitee, necessary litigation expenses incurred by the Insurer, and necessary litigation expenses incurred by the indemnitee at the Insurer's request will be paid as defense costs. Notwithstanding the provisions of Paragraph e.(2) of the Contractual Liability exclusion (as amended by this Endorsement), such payments will not be deemed to be damages for personal and advertising injury and will not reduce the limits of insurance.

D. This PERSONAL AND ADVERTISING INJURY - LIMITED CONTRACTUAL LIABILITY Provision does not apply if Coverage B —Personal and Advertising Injury Liability is excluded by another endorsement attached to this Coverage Part.

CNA74872XX (1-15)

Page 13 of 15 ends

The Continental Insurance Co
Insured Name: DUDE SOLUTIONS, INC.

Policy No: 6078704688
Endorsement No:

Effective Date: 10/01/2021

Attachm • 7693 Certificate ID: 18211778
Technology General Liability Extension Endorsement

17. PROPERTY DAMAGE — ELEVATORS
A. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended such that the Damage to Your Product Exclusion and subparagraphs (3), (4) and (6) of the Damage to Property Exclusion do not apply to property damage that results from the use of elevators.

B. Solely for the purpose of the coverage provided by this PROPERTY DAMAGE — ELEVATORS Provision, the Other Insurance conditions is amended to add the following paragraph:

This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis that is Property insurance covering property of others damaged from the use of elevators.

18. SUPPLEMENTARY PAYMENTS
The section entitled SUPPLEMENTARY PAYMENTS — COVERAGES A AND B is amended as follows:

A. Paragraph 1.b. is amended to delete the $250 limit shown for the cost of bail bonds and replace it with a $5,000. limit; and
B. Paragraph 1.d. is amended to delete the limit of $250 shown for daily loss of earnings and replace it with a $1,000. limit.

19. PROPERTY DAMAGE - PATTERNS MOLDS AND DIES
Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete subparagraphs (3) and (4) of the Exclusion entitled Damage to Property, but only with respect to patterns, molds or dies that are in the care, custody or control of the Insured, and only if such patterns, molds or dies are not being used to perform operations at the time of loss. A limit of insurance of $25,000 per policy period applies to this PROPERTY DAMAGE - PATTERNS MOLDS AND DIES coverage, and this limit:

A. is included within the General Aggregate Limit as described in LIMITS OF INSURANCE; and B. applies excess over any valid and collectible property insurance available to the Insured, including any deductible applicable to such insurance; the Other Insurance condition is changed accordingly.

20. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS
If the Named Insured unintentionally fails to disclose all existing hazards at the inception date of the Named Insured's Coverage Part, the Insurer will not deny coverage under this Coverage Part because of such failure.

21. WAIVER OF SUBROGATION - BLANKET
Under CONDITIONS, the condition entitled Transfer Of Rights Of Recovery Against Others To Us is amended to add the following:

The Insurer waives any right of recovery the Insurer may have against any person or organization because of payments the Insurer makes for injury or damage arising out of:

1. the Named Insured's ongoing operations; or

2. your work included in the products -completed operations hazard.

However, this waiver applies only when the Named Insured has agreed in writing to waive such rights of recovery in a written contract or written agreement, and only if such contract or agreement:

1. is in effect or becomes effective during the term of this Coverage Part; and CNA74872XX (1-15)

Page 14 of 15 ends

The Continental Insurance Co.

Insured Name: DUDE SOLUTIONS, INC.

Policy No: 6078704688
Endorsement No:

Effective Date: 10/01/2021

Attachm • 7693 Certificate ID: 18211778
Technology General Liability Extension Endorsement

2. was executed prior to the bodily injury, property damage or personal and advertising injury giving rise to the claim.

All other terms and conditions of the Policy remain unchanged.

This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy.

CNA74872XX (1-15)

Page 15 of 15 ends

The Continental Insurance Co.

Insured Name: DUDE SOLUTIONS, INC.

Policy No: 6078704688
Endorsement No:

Effective Date: 10/01/2021

Attachmc)433 Certificate ID: 18211778
Business Auto Policy
Policy Endorsement
' EXTENDED COVERAGE BA PLUS - FOR HIRED AND NON -OWNED AUTOS It is understood and agreed that this endorsement amends the BUSINESS AUTO COVERAGE FORM as follows. If any other endorsement attached to this policy amends any provision also amended by this endorsement, then that other endorsement controls with respect to such provision, and the changes made by this endorsement to such provision do not apply.

TABLE OF CONTENTS
1, AMENDMENTS TO LIABILITY COVERAGE
A. Who Is An Insured

1. Majority Owned Corporations

2. Newly Acquired Organizations

3. Additional Insureds Required By Written Contracts

4. Employee -Hired Autos
B. Increased Loss of Earnings Allowance
C. Fellow Employee Coverage

11. AMENDMENTS TO PHYSICAL DAMAGE COVERAGE
A. Increased Loss of Use Expense
B. Broadened Electronic Equipment Coverage
III. AMENDMENTS TO BUSINESS AUTO CONDITIONS
A. Knowledge of Accident or Loss
B. Knowledge of Documents
C. Waiver of Subrogation
D. Unintentional Failure To Disclose Hazards
E. Primary and Non -Contributory When Required By Contract IV. AMENDMENTS TO DEFINITIONS
A. Broadened Bodily Injury
I. AMENDMENTS TO LIABILITY COVERAGE
A. Amendments to Who Is An Insured
Under SECTION II - COVERED AUTOS LIABILITY COVERAGE, the paragraph entitled Who Is An Insured is amended to add the following:

1. Majority Owned Corporations
Any incorporated entity in which you own a majority of the voting stock on the inception date of this Coverage Form is an insured, but only if such entity is not an insured under any other liability "policy" that provides auto coverage.

2. Newly Acquired Organizations
Form No: CNA83700XX(10-2015)
Endorsement Effective Date: Endorsement Expiration Date:

Endorsement No: 16; Page: 1 of 4
Underwriting Company: The Continental Insurance Company, 151 N Franklin St, Chicago, IL 60606 Policy No: BUA 6078704674 Policy
Effective Date: 10/01/2021 Policy
Page: 64 of 73
C

AttachmCWA33 Certificate ID: 18211778
Business Auto Policy
Policy Endorsement
Any organization you newly acquire or form during the policy period, other than a limited liability company, partnership or joint venture, and in which you maintain majority ownership interest is an insured, but only if such organization is not an insured under any other liability "policy" that provides auto coverage. The insurance afforded by this provision:
a. Is effective on the date of acquisition or formation of the organization, and applies until:
(1) The end of the policy period of this Coverage Form; or (2) The next anniversary of this Coverage Form's inception date, whichever is earlier; and
b. Does not apply to bodily injury or property damage caused by an accident that occurred before you acquired or formed the organization.

3. Additional Insureds Required By Written Contract
Any person or organization that you are required by written contract to make an additional insured under this insurance is an insured, but only with respect to that person or organization's legal liability for acts or omissions of a person who qualifies as an insured for Liability Coverage under SECTION II - WHO IS AN INSURED of this Coverage Form.

4. Employee -Hired Autos
Any employee of yours is an insured while operating with your permission an auto hired or rented under a contract in that employee's name, while performing duties related to the conduct of your business.

With respect to provisions A.1. and A.2. above, "policy" includes those policies that were in force on the inception date of this Coverage Form, but:
i. Which are no longer in force; or
ii. Whose limits have been exhausted.

B. Increased Loss of Earnings Allowance
Under SECTION II — COVERED AUTOS LIABILITY COVERAGE, the paragraph entitled Coverage Extensions is amended under Supplementary Payment subparagraph (4) to delete the $250. a day limit for loss of earnings and replace it with a $500. a day limit.

C. Fellow Employee Coverage
Under SECTION II — COVERED AUTOS LIABILITY COVERAGE, the paragraph entitled Exclusions is amended to delete the exclusion entitled Fellow Employee.

II. AMENDMENTS TO PHYSICAL DAMAGE COVERAGE
A. Increased Loss of Use Expense
Under SECTION III— PHYSICAL DAMAGE COVERAGE, the paragraph entitled Coverage Extensions is amended under Loss of Use Expenses to delete the maximum of $600., and replace it with a maximum of $800.

B. Broadened Electronic Equipment Coverage
Under SECTION III — PHYSICAL DAMAGE COVERAGE, the paragraph entitled Exclusions is amended to delete paragraphs 5.a through 5.d. in their entirety, and replace them with the following:

5. Exclusions 4.c. and 4.d. above do not apply to loss to any electronic equipment that at the time of loss is:

Form No: CNA83700XX (10-2015)
Endorsement Effective Date: Endorsement Expiration Date:

Endorsement No: 16; Page: 2 of 4
Underwriting Company: The Continental Insurance Company, 151 N Franklin St, Chicago, IL 60606 Policy No: BUA 6078704674
Policy Effective Date:
10/01/2021 Policy Page: 65 of
73 AttachmA33 Certificate ID: 18211778
Business Auto Policy
Policy Endorsement
a. Permanently installed in or upon a covered auto, nor to such equipment's antennas or other accessories used with such equipment. A $100 deductible applies to this provision, and supersedes any otherwise applicable deductible; or
b. Designed to be operated solely by use of the power from the auto's electrical system and is:
(1) Removable from a housing unit which is permanently installed in or upon the covered auto; (2) An integral part of the same unit housing any electronic equipment described in paragraphs a. or b.(1) above; or
(3) Necessary for the normal operation of the covered auto or the monitoring of the covered auto's operating system.

III. AMENDMENTS TO BUSINESS AUTO CONDITIONS
A. Knowledge of Accident or Loss
Under BUSINESS AUTO CONDITIONS, the Loss Condition entitled Duties In the Event of Accident, Claims, Suit, or Loss is amended to add the following subparagraph a.(4):
(4) If your employees know of an accident or loss, this will not mean that you have such knowledge until such accident or loss is known to a natural person Named Insured, to a partner, executive officer, manager or member of a Named Insured, or to an employee designated by any of the above to be your insurance manager.

B. Knowledge of Documents
Under BUSINESS AUTO CONDITIONS, the Loss Condition entitled Duties In the Event of Accident, Claims, Suit, or Loss is amended to add the following subparagraph b.(6):
(6) If your employees know of documents concerning a claim or suit, this will not mean that you have such knowledge until such documents are known to a natural person Named Insured, to a partner, executive officer, manager or member of a Named Insured, or to an employee designated by any of the above to be your insurance manager.

C. Waiver of Subrogation
Under BUSINESS AUTO CONDITIONS, the Loss Condition entitled Transfer Of Rights Of Recovery Against Others To Us is amended to add the following:

We waive any right of recovery we may have, because of payments we make for injury or damage, against any person or organization for whom or which you are required by written contract or agreement to obtain this waiver from us.

This injury or damage must arise out of your activities under a contract with that person or organization.

You must agree to that requirement prior to an accident or loss.

D. Unintentional Failure To Disclose Hazards
Under BUSINESS AUTO CONDITIONS, the General Condition entitled Concealment, Misrepresentation or Fraud is amended to add the following:

Your failure to disclose all hazards existing on the inception date of this Coverage Form shall not prejudice you with respect to the coverage provided by this insurance, provided such failure or omission is not intentional.

E. Primary and Non -Contributory When Required By Contract Under BUSINESS AUTO CONDITIONS, the General Condition entitled Other Insurance is amended to add the following:

Form No: CNA83700XX (10-2015)
Endorsement Effective Date: Endorsement Expiration Date:

Endorsement No: 16; Page: 3 of 4
Underwriting Company: The Continental Insurance Company, 151 N Franklin St, Chicago, IL 60606 Policy No: BUA 6078704674 Policy
Effective Date: 10/01/2021 Policy
Page: 66 of 73

Attachmc33 Certificate ID: 18211778
Business Auto Policy
Policy Endorsement
Notwithstanding provisions 5.a. through 5.d. above, the coverage provided by this Coverage Form shall be on a primary and non-contributory basis when required to be so by a written contract entered into prior to accident or Toss.

IV. AMENDMENTS TO DEFINITIONS
A. Broadened Bodily Injury
Under DEFINITIONS, the definition of bodily injury is deleted and replaced by the following:

Bodily injury means physical injury, sickness or disease sustained by a person, including death, mental anguish or mental injury sustained by that person which results as a consequence of the physical injury, sickness or disease.

All other terms and conditions of the policy remain unchanged This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy.

Form No: CNA83700XX (10-2015)
Endorsement Effective Date: Endorsement Expiration Date:

Endorsement No: 16; Page: 4 of 4
Underwriting Company: The Continental Insurance Company, 151 N Franklin St, Chicago, IL 60606 Policy No: BUA 6078704674
Policy Effective Date:
10/01/2021 Policy Page: 67 of
73 BLANKETVININOWISUR RIGHT TO RECOVER FROM OTHERS
AttachrnC4A45 Certificate ID: 18211778
Workers Compensation And Employers Liability Insurance
Policy Endorsement
This endorsement changes the policy to which it is attached.

It is agreed that Part One - Workers' Compensation Insurance G. Recovery From Others and Part Two Employers' Liability Insurance H. Recovery From Others are amended by adding the following:

We will not enforce our right to recover against persons or organizations. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) PREMIUM CHARGE - Refer to the Schedule of Operations
The charge will be an amount to which you and we agree that is a percentage of the total standard premium for California exposure. The amount is 2%.

All other terms and conditions of the policy remain unchanged.

This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective Date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy 1 unless another expiration date is shown below.

Form No: G -19160-B (11-1997)
Endorsement Effective Date: Endorsement Expiration Date:

Endorsement No: 3; Page: 1 of 1
Underwriting Company: American Casualty Company of Reading, Pennsylvania, 151 N Franklin St, Chicago, IL 60606
Policy No: WC 6 78704691
Policy Effective Date:
11/09/2021 Policy Page: 32 of
48 TO:

FROM:

DATE:

CITY COUNCIL

CITY ADMINISTRATOR
FEBRUARY 1, 2022
Placentia City Council

AGENDA REPORT
SUBJECT: AMENDMENT TO CITY COUNCIL POLICY NO. 370 REGARDING THE CITY'S

USE OF SOCIAL MEDIA
FISCAL
IMPACT: There is no fiscal impact associated with the recommended action.

SUMMARY:

On March 15, 2011, the City Council adopted an administrative policy for social media use that was intended to ensure the proper use of the City's social media technologies by City employees and City Council. Over the past ten (10) years, social media has expanded significantly, as has the City's use and the complexity of available web -based technologies. To ensure the continued proper use of the City of Placentia's Official social media sites by the City Council and City employees, an amended policy is necessary.

Social media sites such as Facebook, Twitter, YouTube, Instagram, and others have created channels for any individual or any organization, including municipal government, to share information, network, socialize, and report on events as they happen. Through social media channels, government agencies have efficient, cost-effective methods to reach citizens directly and encourage instantaneous feedback. While the use of social media provides government agencies various avenues to communicate with citizens, it may also present risk to the City. In consultation with the City Attorney's Office and in an effort to minimize the risks of using social media, an updated policy governing the uses of social media sites has been prepared. This action will amend the previously adopted social media policy to include this new policy related to the use of social media.

RECOMMENDATION:

It is recommended that the City Council take the following action:

Adopt the amended City Council Policy No. 370 related to the City's use of social media and amend the City's Policy Manual to include said policy.

DISCUSSION:

The popularity of social media has transformed the way in which government agencies communicate. Governmental entities use social media to promote transparency, for citizen

3. a.

Feb. 1, 2022

City Council Agenda
February 1, 2022

Page 2 of 2 ends

engagement, to understand residents' interests and concerns, and to inform and educate the public. The City of Placentia uses several social media platforms, including Facebook, Twitter, YouTube, and Instagram.

The City Council adopted Policy No. 370 in 2011, however social media and technology has drastically evolved since that time. The updated policy is necessary to address issues such as assigning designated City employees that are preapproved to use the City's official social media accounts, records retention of social media posts, what is permitted to be posted, etc. The use of technology and social media poses particular challenges for the public sector and raises liability concerns, as well as legal issues concerning state and federal laws, such as the Public Records Act and Brown Act. Cities must also be mindful that any forays into social media — whether as an official voice of the City, voice for elected officials, or as personally used by Staff — could create concerns by the City. In some instances, the City could face legal challenges if incorrect, false, or non-public information is posted on a site used officially by the City or personally by employees or elected officials. In other settings, the City may face public records requests that could include content posted to Social media sites upon City and/or personal computers, depending upon who and where the content was posted. If approved, this amended policy will pertain to all social media and networking activities conducted upon behalf of the City of Placentia.

The proposed amended Social Media Policy was prepared in consultation with the City Attorney's Office, with a review of other organizations' policies, as well as input from City staff. Upon City Council approval, the City's Policy Manual will be amended to include the updated Policy No. 370.

Prepared by:
fN
Reviewed and approved:

Nicolette Drulias can ety�cega
Communications and Marketing As tanto ty Administrator
Management Analyst
Reviewed and approved:

Damien R. Arrula
City Administrator
Attachments:

1. Amended Social Media Policy No. 370

2. Original Social Media Policy No. 370 – Adopted March 15, 2011

Purpose:

This document defines the social networking and social media policy for City of Placentia (the "City" or "Agency"). To address the fast -changing landscape of the Internet and the way residents communicate and obtain information online, City departments may consider using social media tools to reach a broader audience.

The City of Placentia encourages the use of social media to further the goals of the City and the missions of its departments, where appropriate. The City has an overriding interest and expectation in deciding what is "spoken" on its behalf on social media sites.

This policy establishes guidelines for the use of social media by City employees and officials on official City social media accounts.

For purposes of this policy, "social media" is understood to be content created by individuals, using accessible, expandable, and upgradable publishing technologies, through and on the Internet. Examples of social media include Facebook, Twitter, YouTube, and Instagram. For purposes of this policy, "comments" include information, articles, pictures, videos or any other form of communicative content posted on a City of Placentia social media site.

Oversight and Enforcement
Employees representing the Agency through social media outlets or participating in social media features on agency websites must maintain a high level of ethical conduct and professional decorum. Failure to do so is grounds for revoking the privilege to participate in agency social media sites, blogs, or other social media features.

Information must be presented following professional standards for good grammar, spelling, brevity, clarity and accuracy, and avoid jargon, obscure terminology, excessive emojis or hashtags, or acronyms. Agency employees recognize that the content and messages they post on social media websites are public and may be cited as official Agency statements. Social media should not be used to circumvent other agency communication policies, including news media policy requirements. Agency employees may not publish information on Agency social media sites that includes:
• Confidential information
• Copyright violations
• Profanity, racist, sexist, or derogatory content or comments • Partisan political views
• Commercial endorsements or SPAM
General Policy

1. The establishment and use by any City department of City social media sites are subject to approval by the City Administrator or his/her designees. All City of Placentia social media sites shall be administered by the City Administrator's Office.

ATTACHMENT 1

2. The Communications and Marketing Analyst will monitor content on City social media sites to ensure adherence to both the City's Social Media Policy and the interest and goals of the City of Placentia.

3. City social media sites should make clear that they are maintained by the City of Placentia and that they follow the City's Social Media Policy.

4. Wherever possible, City social media sites should link back to the official City of Placentia website for forms, documents, online services, and other information necessary to conduct business with the City of Placentia.

5. The City reserves the right to restrict or remove any content that is deemed in violation of this Social Media Policy or any applicable law. Any content removed based on these guidelines must be retained by the Communications and Marketing Analyst for a reasonable period of time, including the time, date and identity of the poster, when available.

6. These guidelines must be displayed to users or made available by hyperlink.

7. The City will approach the use of social media tools as consistently as possible, enterprise wide.

8. The City of Placentia's website at www.placentia.org will remain the City's primary and predominant internet presence.

9. All City social media sites shall adhere to applicable federal, state and local laws, regulations and policies.

10. City social media sites are subject to the California Public Records Act. Any content maintained in a social media format that is related to City business, including a list of subscribers, posted communication, and communication submitted for posting, may be a public record subject to public disclosure.

11. Comments on topics or issues not within the jurisdictional purview of the City of Placentia may be removed.

12. Employees representing the City government via City social media sites must conduct themselves at all times as a representative of the City and in accordance with all City policies.

13. This Social Media Policy may be revised at any time.

14. Records of these social media sites are maintained with Archive Social.

Comment Policy
The City of Placentia's social media sites serve as limited public forum and all content published is subject to monitoring. By posting or commenting on the City of Placentia's ATTACHMENT 1

social media sites, users agree to the terms of use of the City of Placentia's social media comment policy as provided herein.

1. As a public entity the City must abide by certain standards to serve all its constituents in a civil and unbiased manner.

2. The intended purpose behind establishing City of Placentia social media sites is to disseminate information from the City, about the City, to its citizens.

3. The City of Placentia social media sites are intended to be "family friendly," and, as such, the City asks that users please keep their comments clean by following the rules set forth in this policy. Please note that the City utilizes the automatic content filtering features available on various social media sites. Such features/settings may automatically hide a comment from view if profanity is used in the post.

4. Comments containing any of the following inappropriate forms of content shall not be permitted on City of Placentia social media sites and are subject to removal and/or restriction by the Communications and Marketing Analyst or his/her designees:
a. Comments not related to the original topic, including random or unintelligible comments;
b. Profane, obscene, or pornographic content and/or language; c. Content which violates the right to privacy, including but not limited to, content that contains personal identifying information or sensitive personal information;
d. Content that promotes, fosters or perpetuates discrimination on the basis of race, creed, color, age, religion, gender, sexual preference, or national origin;
e. Defamatory or personal attacks;
f. Threats to any person or organization;
g. Comments in support of, or in opposition to, any political campaigns or ballot measures;
h. Solicitation of commerce, including but not limited to advertising of any business or product for sale;
i. Conduct in violation of any federal, state or local law; j. Encouragement of illegal activity or comments intended to incite violence; k. Information that may tend to compromise the safety or security of the public or public systems; or
I. Content that violates a legal ownership interest, such as a copyright, of any party;
m. Harassment or content which constitutes and/or facilitates; n. Repetitive and/or duplicative content;
o. Comments which may reasonably interfere with, inhibit, or compromise law enforcement investigations, police tactics, police responses to incidents and/or the safety of police staff and officers; p. Posts or comments that contain external links.

ATTACHMENT 1

5. The City does not allow information intended to compromise the safety or security of the public or public systems. Users may participate at their own risk, taking personal responsibility for their comments, username, and any information provided.

6. A comment posted by a member of the public on any City of Placentia social media site is the opinion of the commentator or poster only, and publication of a comment does not imply endorsement of, or agreement by, the City of Placentia, nor do such comments necessarily reflect the opinions or policies of the City of Placentia.

7. The City of Placentia reserves the right to deny access to City of Placentia social media sites for any individual, who violates the City of Placentia's Social Media Policy, at any time and without prior notice.

8. Departments shall monitor their social media sites for comments requesting responses from the City and for comments in violation of this policy.

9. Only the Communications and Marketing Analyst or his/her designees shall respond to comments or messages on official City social media pages. All comments from City social media pages should be posted from the City account, never from a personal account.

10. When a City of Placentia employee responds to a comment, in his/her capacity as a City of Placentia employee, the employee's name and title should be made available, and the employee shall not share personal information about himself or herself, or other City employees.

11. All comments posted to any City of Placentia Facebook site are bound by Facebook's Statement of Rights and Responsibilities, located at http://www.facebook.com/terms.php , and the City of Placentia reserves the right to report any violation of Facebook's Statement of Rights and Responsibilities to Facebook with the intent of Facebook taking appropriate and reasonable responsive action.

12. Comments posted to the City of Placentia social media sites will be monitored and inappropriate content as defined herein above may be removed as soon as practically possible and without prior notice.

13. By posting or commenting on the City of Placentia social media sites, users agree to the City's terms of use. Users participate by their own choice, taking personal responsibility for their comments, username, and any information provided therein.

14. If users need to contact the Placentia Police Department, please call the Department's front desk at (714) 993-8164, or, if it is an emergency, call 911 and ask for assistance. While comments posted on the City's social media sites are monitored, posting comments is neither recommended nor an acceptable way to contact the Placentia Police Department for assistance or immediate service.

ATTACHMENT 1

Public Records Law
The City of Placentia's social media sites are subject to applicable public records laws.

Any content maintained in a social media format related to agency business, including communication posted by the Agency and communication received from citizens, is a public record. The Communications and Marketing Analyst maintaining the site is responsible for responding completely and accurately to any public records request for social media content.

Records Retention
Social media sites contain communications sent to or received by the Agency and its employees, and such communications are therefore public records. Records retention requirements apply regardless of the form of the record (for example, digital text, photos, audio, and video). The Communications and Marketing Analyst maintaining a site shall preserve records pursuant to the relevant records retention schedule for the required retention period in a format that preserves the integrity of the original record and is easily accessible. Furthermore, retention of social media records shall fulfill the following requirements:
• Social media records are captured in a continuous, automated fashion throughout the day to minimize a potential loss of data due to deletion and/or changes on the social networking site.
• Social media records are maintained in an authentic format (i.e. ideally the native technical format provided by the social network, such as XML or JSON) along with complete metadata.
• Social media records are archived in a system that preserves the context of communications, including conversation threads and rich media, to ensure completeness and availability of relevant information when records are accessed. • Social media records are indexed based on specific criteria such as date, content type, and keywords to ensure that records can be quickly located and produced in an appropriate format for distribution (e.g. PDF).
• Each employee who administers one or more social networking sites on behalf of the Agency has self-service, read-only access to search and produce relevant social media records to fulfill public information and legal discovery requests as needed.

Internal Policy

PERSONAL USE BY CITY EMPLOYEES

1. All City employees may have personal Social Media sites.

2. City employees shall not share work related information and/or information related to City business on personal Social Media sites and shall avoid ATTACHMENT 1

mixing their professional information with their personal information or opinions.

3. City employees shall not use their City e-mail account or password in conjunction with a personal Social Media site, nor shall a City employee be compelled as a condition of employment to disclose to the City their username and password for personal Social Media sites. Nothing herein precludes the City, as an employer, from requiring or requesting a City employee to disclose a username, password, or other method for the purpose of accessing an employer -issued electronic device and/or any employer -issued Social Media or e-mail account.

4. City employees, unless specifically authorized by the City to do so, are not authorized to speak on behalf of the City and shall not post comments or opinions without also clarifying that the information being presented is on their personal behalf and it does not represent the position of the City.

5. The following guidance is for City employees who decide to have a personal Social Media site or who comment on posts about official City business:
• State your name and, if relevant, role, when discussing City business;
• Use a disclaimer such as: "The postings on this site are my own and don't reflect or represent the opinions of the City for which work."
City employees who are authorized to speak on behalf of the City shall identify themselves by (1) Full Name; (2) Title; (3) Department; and (4) Contact Information, when posting or exchanging information of Social Media forums, and shall address only issues within the scope of their specific authorization.

PROFESSIONAL USE BY CITY EMPLOYEES
1 Designated City Employees that comment on the City's Social Media sites in their personal and/or professional capacity are bound by the Comment Policy of the City of Placentia's Social Media Policy, stated herein.

2. All official City -related communication through Social Media outlets shall remain professional in nature and be conducted in accordance with the City's communications policy, practices, and expectations.

Employees must not use official City Social Media sites to conduct private commercial transactions or to engage in private business activities.

City employees should be mindful that inappropriate usage of official City Social Media sites, can be grounds for disciplinary action. If Social Media ATTACHMENT 1

sites are used for official City business, the entire City site, regardless of any personal views, is subject to best practices guidelines, and standards.

5. Only individuals authorized by the City may publish content to an official City Social Media sites. Employees representing the City through social media outlets or participating in social media features on City websites must maintain a high level of ethical conduct and professional decorum.

Failure to do so is grounds for revoking the privilege to participate in City Social Media sites, blogs, or other social media features.

6. Information must be presented following professional standards for good grammar, spelling, brevity, clarity and accuracy, and avoid jargon, excessive hashtags and emojis, obscure terminology, or acronyms.

7. City employees recognize that the content and messages they post on social media websites are public and may be erroneously cited as official City statements. Social media should not be used to circumvent other City communication policies, including news media policy requirements.

8. Employees representing the City government via City Social Media sites must conduct themselves at all times as a representative of the City and in accordance with all City policies.

SOCIAL MEDIA USE BY CITY'S PUBLIC OFFICIALS

1. Public officials that comment on the City's social media sites and/or on private non -city social media sites in their personal and/or official capacity are bound by the Comment Policy of the City of Placentia's Social Media Policy and to each and every policy applicable to City employees, stated herein.

2. While elected officials and City Council -appointed board, committee and commission members may maintain and use personal web pages and websites, blogs, and social networking sites, their status as elected/appointed officials requires that the content of any postings on those sites not be in violation of existing City by-laws, policies, directives, rules, or regulations.

3. The City's image as a professional organization is critical to maintaining the respect of its constituents. Although the City recognizes that elected/appointed officials may choose to express themselves by posting personal information upon social media platforms or by making comments on sites hosted by other persons, groups, or organizations, this right of expression should not interfere with the operation of the City. That is, although the City acknowledges its officials have the First Amendment right to free speech, the right is not absolute when involving matters of official City business, issues, or concerns.

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4. If a public official conducts any City business or communication as an elected or appointed official from a personal account, or an account created for a City board/committee/commission that is not administered by a City employee, the City -related communications may be considered a public record subject to the California Public Records Act, found at Government Code sections 6250 et seq. When presented with a Public Records Act request, the official must produce responsive public records maintained on the official's personal servers and devices; and/or, after a reasonable search, affirm that the official is not in possession of any such responsive public records on personal devices or personal servers.

5. Officials should exercise caution with respect to comments they post, particularly those concerning the City and the business of the City.

6. All officials are expected and required to conduct themselves in a manner consistent with the City's policies and standards of conduct.

7. Officials must not reveal any confidential or privileged information about the City, its constituents, or its contractors. Officials must be particularly careful to protect against the inadvertent disclosure of confidential information.

8. Officials should be honest and accurate when posting information or news, and should quickly correct any mistakes, misstatements and/or factual errors in content upon discovery. Officials should not post or share information known to be false or unconfirmed rumors about the City, its employees, constituents, officials, suppliers, vendors, contractors, or any other entities or individuals.

9. Officials should never represent themselves as a spokesperson for the City Administration, any City department, the City Council, or a City board or committee, unless the official has been designated to serve as a spokesperson.

10. Because the posting of content, including simply "liking" or reacting to a post from another official, regarding City -related matters by a public official could inadvertently result in the violation of the Open Meetings Law, officials should consult the Open Meetings Law Guide provided to them by the City Clerk's Office and/or contact the City Attorney's Office for guidance before posting about meetings, conferences, sub -committee meetings, or the work of the public body, or any commission, board, or committee.

11. Officials are expressly prohibited from using social media to engage in any activity or conduct that violates federal, state, or local law (e.g., to circumvent election or campaign requirements, software or data piracy, child pornography, etc.)
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12.Officials are prohibited from using social media to engage in any activity that constitutes a conflict of interest.

13.Officials must be mindful that members of the public who may appear before boards, commissions, or committees come from all walks of life.

Public comments, in any forum, that contain racial slurs, express bigotry toward a group based on race, religion, national origin, sexual orientation, gender, gender identity or any other legally protected classification may be considered conduct unbecoming.

14. Appointed and elected board/committee members are strongly encouraged to consider the potential impact of social media statements prior to posting. The City strives to be professional in its operations and processes. Posts that express favoritism and/or bias for or against any individual or group of individuals (e.g., based upon race, gender, national origin, sexual orientation, political affiliation, etc.), reflect poorly on the public official, as well as the City and its residents. Further, comments suggesting such treatment can expose the City to liability and legal costs.

15. Elected and appointed officials should be cautious in using official City - provided head shot photographs on personal social media sites. Elected and appointed officials choosing to use official City -provided head shots on personal social media sites should tailor communications on those sites accordingly.

16.A public official that violates the City's policies and/or by such conduct invites claims or suits or other liability unto the City may be subject to censure; and the City may pursue all remedies available under the law.

REGISTERING A NEW PAGE
All City social media sites shall be (1) approved by the City Administrator; (2) published using approved Social Media platform and tools; and (3) administered by the Communications and Marketing Analyst or his/her designee.

DEREGISTERING AN EXISTING PAGE
If a social media page is no longer of use, (1) notify the Communications and Marketing Analyst, (2) ensure records have been archived according to agency guidelines, (3) unpublish and delete page.

ACKNOWLEDGEMENT OF RECEIPT OF POLICY NO. 370
POLICY NO. 370 SOCIAL MEDIA POLICY
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This statement acknowledges that I have received, read and understand the Agency's guidelines for using Social Media. I acknowledge, and fully understand the terms of this policy and agree to abide by them.

Print Name and Department
Signature Date
ATTACHMENT 1

EMPLOYEE/PERSONNEL MATTERS POLICY NO. 370

SOCIAL MEDIA POLICY

PURPOSE
The City of Placentia has a business need to augment traditional communication methods with the use of social media channels. This need primarily stems from public demand and the rapid growth of social media use by other local, state and federal government entities as an indication that social media can be used effectively to enhance constituent communications. The use of social media presents opportunity and risk to the City. In general the City supports the use of social media technology to enhance communication, collaboration and information exchange to meet business mission and goals.

For the purpose of this policy social media applications shall include, but are not limited to, blogs, microblogs, wikis, RSS feeds, podcasts, discussion forums and social networking websites.

Messages and content posted on social media platforms may constitute speech on behalf of the City, but such speech takes place on a non -City venue.

Therefore, the City Council finds and intends that speech posted on social media platform venues by City representatives, and comments by the public posted on social media platform venues in response, do not create a public forum or limited public forum on any portion of the City's websites, equipment or other such City property.

A. Usage
The City of Placentia's website ( http://www.placentia.org) shall be the City's primary and predominant internet presence. Use of social media shall only serve as an enhancement to the City's official website.

Therefore, information and communications should be organized in a manner that avoids the posting of duplicative or conflicting information.

Social media sites created on behalf of the City of Placentia must first be approved by the City Administrator's Office and appropriate Department Head.

1. Only those authorized by the City Administrator or their Department Head to speak on behalf of the City and convey information regarding City programs, projects, policies or any other such City business on social media platforms may communicate on the City's behalf on the subject of City matters on any social media platform. This includes initiating statements on, or responding to comments received from, various social media outlets in any manner that members of the public might perceive as a statement on behalf of the City of Placentia.

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City employees wishing to express their personal points of view on a social media platform may only do so on their own time and are prohibited from utilizing City -owned equipment or technology to participate in social media platforms. If, on their own time and equipment, a City employee comments about a City matter or issue on a social media platform, they should identify
themselves as being affiliated with the City and clearly indicate that their opinions and statements are their own and are not the representations of the City of Placentia. City employees shall follow the City of Placentia Social Media Guidelines.

3. All use of social media by any City department on behalf of the City of Placentia must be approved by the City Administrator's Office and comply with the following:
a. Representatives of the City of Placentia utilizing social media shall, at all times, conduct themselves in an appropriate and professional manner.
b. No City employee shall host a blog on any City -owned equipment or website without prior, written consent from the City Administrator and Department Director.
c. Social media platforms may be accessed from City
equipment by City employees only for purposes of work
performed in the scope of their employment.
d. City departments are responsible for establishing,
publishing and updating their pages on social networking websites. It is the responsibility of each to ensure that their content is accurate and current.
e. When City departments create pages on social networking sites, all new urls must be shared with the City
Administrator's Office. Login information, including user identification information and passwords should be provided to the Department Director and the City Administrator's Office. Passwords must be secure.
f. All social media accounts must be set up with a City email account. Social media accounts must be identified as
belonging to the City of Placentia.

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g.

When possible, social networking comments and content
should contain web links directing the viewer to the City of Placentia's official website for more information.
h. When creating pages or adding content to social media sites, departments should always provide a Zink to the
City of Placentia website.

All social networking websites and pages must include
the following disclaimer:

The City of Placentia's use of external social media websites is provided as a public service. As such, the City of
Placentia disclaims liability for any and all ads, videos, promoted content or comments accessible from any external web page. The responsibility for external content or
comments rests with the organizations or individuals
providing them and do not constitute an endorsement by the City of Placentia.

No City employee may change the content or add new
content to wikis or similar sites on behalf of the City of Placentia that relates to City matters including, but not limited to, City projects, programs and policies.

B. Records Retention, Confidential Information
The City of Placentia encourages the use of social media to promote increased transparency and efficiency in communicating information to the public. City of Placentia correspondence and other records related to transaction of the public's business constitute public records that may be subject to the California Public Records Act, even when transmitted through social media platforms. Departments should maintain records retained in the ordinary course of business consistent with their department's standard records retention schedule.

Some information in City records is confidential, or subject to privileges or exemptions under the California Public Records Act, City ordinances, or state or federal laws. Confidential information, or information exempt from disclosure under the California Public Records Act, shall not be conveyed through social media platforms.

Examples of information that City representatives shall not convey through social media platforms include, but are not limited to:
• Attorney-client privileged information;
• Records concerning pending litigation;
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• Preliminary drafts, notes and memos not retained in the ordinary course of business;
• Certain information on business license or permit applications; • Personal identifying information of individuals who file code enforcement complaints; and
• Personal information of City of Placentia's employees not subject to disclosure under the California Public Records Act or other state or federal laws (such as home addresses, phone
numbers, medical and confidential employment information).

C. Ethical Conduct
No City representative shall participate in any social media activity on behalf of the City of Placentia that:

Promotes or exhibits hate, bias, discrimination, "adult-oriented" material or material not suitable for viewing by persons of all ages, or material with libelous or otherwise defamatory content;

2. Advocates the agenda or position of a political party, candidate for elected office, ballot initiative, or campaign or fundraising websites of holders for candidates for political office (whether elected or appointed);
Posts communications that expressly advocate the approval or rejection of a clearly identified ballot measure or candidate certified to appear on the local ballot;

4. Violates a City of Placentia Policy.

5. Violates any federal or state or local privacy, copyright, trademark, records retention, accessibility or other laws, regulations, policies or standards including but not limited to the First Amendment and the California Public Records Act.

D. Enforcement

1. The City Administrator's Office will monitor all departments' social media efforts to ensure that content adheres to this policy, is consistent with all logo usage and style guidelines, and furthers the communication or marketing goals of the City.

2. Any violation of this policy may result in removal of the department's content from the social media outlets. The City Administrator's Office has the sole authority to determine what information or pages shall be removed.

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3. This policy covers the following forms of social media outlets and any other form of social media, new media or Gov 2.0 communication:

Bloqs
The word blog is a shortened version of the term web log. Blogs are user - generated websites where entries are made in journal style and appear in reverse chronological order. Blogs provide commentary or news on particular subjects, such as local events. They usually contain text, images and links to other sites. Blogs typically allow visitors to provide comments in an interactive format.

Discussion Forums
A discussion forum (also known as a discussion group, discussion board, message board, or online forum) is a general term for any online "bulletin board" where users can leave messages and view responses to those messages.

Social Networking Websites
Social networking websites focus on the building and verifying of online social networks for whatever purpose. Social networks connect people with all different types of interests. Members communicate by voice, chat, instant message, videoconference and blogs, and the service typically provides a way for members to contact friends of other members.

A. Facebook
Facebook serves as a useful tool for the City of Placentia to inform the public about City events, refer them to the City website and dispense information in a timely manner. Guidelines:
• Each department must classify itself as `government' and identify itself as a department of the City of Placentia.
• A link to the City's official website ( http://placentia.org) must be included on the Info Page.
• All City department pages should include other City department pages in their "favorites" section.
• The Comments Section must contain the following disclaimer:

Comments are monitored and the City of Placentia reserves the right to remove inappropriate comments, including those that contain obscene language or "adult-oriented" content, threaten or An POLICY MANUAL

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defame any person or organization, violate the legal ownership interest of another party, support or oppose specific political candidates or ballot propositions, promote illegal activity, promote commercial services or products or are not topically related to the particular posting.
• Facebook pages represent the City. Thus, style and design of the Facebook pages shall be consistent to the City branding.

Departments must use proper grammar. Slang, jargon, excessive abbreviations shall be avoided.
• Facebook applications must serve a business purpose and first be approved by the City Administrator's Office.
• Each department is responsible for archiving its Facebook page.

An electronic copy of page content shall be periodically saved to a City Server.

B. Twitter
Twitter serves as a useful tool for the City to communicate information directly to their Twitter followers in 140 characters or less. Guidelines:
• Twitter should only be used as a means to quickly disseminate brief and concise communication. For more -in-depth information, followers should be directed to the City website
( http://placentia.org) .
• Each department is responsible for the archiving of its Twitter posts. Departments shall periodically save an electronic copy of the list of followers and reply messages to the City Server.

C. Photo -Sharing Websites
Photo sharing refers to the publishing or transfer of digital photos online, enabling users to share them with others (whether publicly or privately). This functionality is provided through websites and applications that facilitate the upload and display of images. Please note: All copyright and fair use laws apply.

D. Video -Sharing Websites
Video sharing refers to websites or software programs that enable users to distribute video clips. Some services may charge a fee, but most do not. Please note: All copyright and fair use laws apply.

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E. Wikis
A wiki is a website that allows visitors to add, remove, edit and change content. It also allows for linking among any number of pages. Please note: No City representative shall directly change the content or add new content to wikis on behalf of the City of Placentia that relates to matters including, but not limited to, City projects, programs and policies. If a representative discovers incorrect information on any wiki, a correction should be suggested in the website's comments section.

F Podcasts
A podcast is an audio or video broadcast that has been converted to an MP3 file or other audio or video file format for playback in a digital player or computer.

G. RSS Feeds*
RSS (Really Simple Syndication) is the acronym used to describe the de facto standard for the syndication of Web content. Users of RSS content use software programs called "feed readers" or "feed aggregators." Users can subscribe to feeds by entering links to the feeds into a reader program. The reader then checks the user's subscribed feeds to see if any have new content since the last time it checked. If so, the content is retrieved and sent to the user.

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EMPLOYEE/PERSONNEL MATTERS POLICY NO. 370
ACKNOWLEDGEMENT OF RECEIPT OF POLICY NO. 370
POLICY NO. 370 SOCIAL MEDIA POLICY
This statement acknowledges that I have received, read and understand the Agency's guidelines for using Social Media. I acknowledge, and fully understand the terms of this policy and agree to abide by them.

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Print Name
Signature Date
Department
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Placentia City CouncilFebruary 1, 2022

Placentia City Council
February 1, 2022