AGREEMENT FOR PROJECT SERVICES
BETWEEN THE CITY OF REDONDO BEACH
AND AVANTPAGE INC.
THIS AGREEMENT FOR PROJECT SERVICES (this "Agreement”) is made between the City of Redondo Beach, a chartered municipal corporation ("City") and Avantpage, Inc., a California corporation (“Contractor" or “Consultant”).
The parties hereby agree as follows:
A. Description of Project or Scope of Services. The project description or scope of services to be provided by Contractor, and any corresponding responsibilities of City or services required to be performed by City are set forth in Exhibit "A”.
B. Term and Time of Completion. Contractor shall commence and complete the project or services described in Exhibit "A" in accordance with the schedule set forth in Exhibit "B".
C. Compensation. City agrees to pay Contractor for work performed in accordance with Exhibit "C”.
D. Insurance. Contractor shall adhere to the insurance requirements outlined in Exhibit “D”, unless otherwise waived by the City’s Risk Manager. * * * * *
GENERAL PROVISIONS
1. Independent Contractor. Contractor acknowledges, represents and warrants that Contractor is not a regular or temporary employee, officer, agent, joint venturer or partner of the City, but rather an independent contractor. This Agreement shall not be construed as a contract of employment. Contractor shall have no rights to any benefits which accrue to City employees unless otherwise expressly provided in this Agreement. Due to the independent contractor relationship created by this Agreement, the City shall not withhold state or federal income taxes, the reporting of which shall be Contractor's sole responsibility.
2. Brokers. Contractor acknowledges, represents and warrants that Contractor has not hired, retained or agreed to pay any entity or person any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award or making of this Agreement.
3. City Property. All plans, drawings, reports, calculations, data, specifications, videos, graphics or other materials prepared for or obtained pursuant to this Agreement shall upon request be delivered to the City within a reasonable time, and the rights thereto shall be deemed assigned to the City. If applicable, Contractor shall prepare check prints upon request. Said plans, drawings, - 2 -
reports, calculations, data, specifications, videos, graphics or other materials shall be specific for the project herein and shall not be used by the City for any other project without Contractor's consent. Notwithstanding the foregoing, Contractor shall not be obligated to assign any proprietary software or data developed by or at the direction of Contractor for Contractor's own use; provided, however, that Contractor shall, pursuant to Paragraph 14 below, indemnify, defend and hold the City harmless from and against any discovery or Public Records Act request seeking the disclosure of any such proprietary software or data.
4. Inspection. If the services set forth in Exhibit "A" shall be performed on City or other public property, the City shall have the right to inspect such work without notice. If such services shall not be performed on City or other public property, the City shall have the right to inspect such work upon reasonable notice.
Inspections by the City shall not relieve or minimize the responsibility of Contractor to conduct any inspections Contractor has agreed to perform pursuant to the terms of this Agreement. Contractor shall be solely liable for said inspections performed by Contractor. Contractor shall certify in writing to the City as to the completeness and accuracy of each inspection required to be conducted by Contractor hereunder.
5. Services. The project or services set forth in Exhibit "A" shall be performed to the full satisfaction and approval of the City. In the event that the project or services set forth in Exhibit "A" are itemized by price in Exhibit "C”, the City in its sole discretion may, upon notice to Contractor, delete certain items or services set forth in Exhibit "A", in which case there shall be a corresponding reduction in the amount of compensation paid to Contractor. City shall furnish Contractor, to the extent available, with any City standards, details, specifications and regulations applicable to the Project and necessary for the performance of Contractor's services hereunder. Notwithstanding the foregoing, any and all additional data necessary for design shall be the responsibility of Contractor.
6. Records. Contractor, including any of its subcontractors, shall maintain full and complete documents and records, including accounting records, employee time sheets, work papers, and correspondence pertaining to the project or services set forth in Exhibit "A". Contractor, including any of its subcontractors, shall make such documents and records available for City review or audit upon request and reasonable notice, and shall keep such documents and records, for at least five (5) years after Contractor's completion of performance of this Agreement. Copies of all pertinent reports and correspondence shall be furnished to the City for its files.
7. Changes and Extra Work. Unless otherwise provided herein, all changes and/or extra work under this Agreement shall be provided for by a subsequent written amendment executed by City and Contractor.
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8. Additional Assistance. If this Agreement requires Contractor to prepare plans and specifications, Contractor shall provide assistance as necessary to resolve any questions regarding such plans and specifications that may arise during the period of advertising for bids, and Contractor shall issue any necessary addenda to the plans and specifications as requested. In the event Contractor is of the opinion that City's requests for addenda and assistance is outside the scope of normal services, the parties shall proceed in accordance with the changes and extra work provisions of this Agreement.
9. Professional Ability. Contractor acknowledges, represents and warrants that Contractor is skilled and able to competently provide the services hereunder, and possesses all professional licenses, certifications, and approvals necessary to engage in its occupation. City has relied upon the professional ability and training of Contractor as a material inducement to enter into this Agreement.
Contractor shall perform in accordance with generally accepted professional practices and standards of Contractor's profession.
10. Business License. Contractor shall obtain a Redondo Beach Business License before performing any services required under this Agreement. The failure to so obtain such license shall be a material breach of this Agreement and grounds for immediate termination by City; provided, however, that City may waive the business license requirement in writing under unusual circumstances without necessitating any modification of this Agreement to reflect such waiver.
11. Termination Without Default. Notwithstanding any provision herein to the contrary, the City may, in its sole and absolute discretion and without cause, terminate this Agreement at any time prior to completion by Contractor of the project or services hereunder, immediately upon written notice to Contractor. In the event of any such termination, Contractor shall be compensated for: (1) all authorized work satisfactorily performed prior to the effective date of termination; and (2) necessary materials or services of others ordered by Contractor for this Agreement prior to Contractor’s receipt of notice of termination, irrespective of whether such materials or services of others have actually been delivered, and further provided that Contractor is not able to cancel such orders. Compensation for Contractor in such event shall be determined by the City in accordance with the percentage of the project or services completed by Contractor; and all of Contractor's finished or unfinished work product through the time of the City's last payment shall be transferred and assigned to the City. In conjunction with any termination of this Agreement, the City may, at its own expense, make copies or extract information from any notes, sketches, computations, drawings, and specifications or other data, whether complete or not.
12. Termination in the Event of Default. Should Contractor fail to perform any of its obligations hereunder, within the time and in the manner provided or otherwise violate any of the terms of this Agreement, the City may immediately terminate this Agreement by giving written notice of such termination, stating the reasons - 4 -
for such termination. Contractor shall be compensated as provided immediately above, provided, however, there shall be deducted from such amount the amount of damages, if any, sustained by the City by virtue of Contractor's breach of this Agreement.
13. Conflict of Interest. Contractor acknowledges, represents and warrants that Contractor shall avoid all conflicts of interest (as defined under any federal, state or local statute, rule or regulation, or at common law) with respect to this Agreement. Contractor further acknowledges, represents and warrants that Contractor has no business relationship or arrangement of any kind with any City official or employee with respect to this Agreement. Contractor acknowledges that in the event that Contractor shall be found by any judicial or administrative body to have any conflict of interest (as defined above) with respect to this Agreement, all consideration received under this Agreement shall be forfeited and returned to City forthwith. This provision shall survive the termination of this Agreement for one (1) year.
14. Indemnity. To the maximum extent permitted by law, Contractor hereby agrees, at its sole cost and expense, to defend, protect, indemnify, and hold harmless the City, its elected and appointed officials, officers, employees, volunteers, attorneys, and agents (collectively “Indemnitees”) from and against any and all claims, including, without limitation, claims for bodily injury, death or damage to property, demands, charges, obligations, damages, causes of action, proceedings, suits, losses, stop payment notices, judgments, fines, liens, penalties, liabilities, costs and expenses of every kind and nature whatsoever, in any manner arising out of, incident to, related to, in connection with or arising from any act, failure to act, error or omission of Contractor’s performance or work hereunder (including any of its officers, agents, employees, Subcontractors) or its failure to comply with any of its obligations contained in the Agreement, or its failure to comply with any current or prospective law, except for such loss or damage which was caused by the sole negligence or willful misconduct of the City. Contractor’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Contractor or Indemnitees. This indemnification obligation shall survive this Agreement and shall not be limited by any term of any insurance policy required under this Agreement.
a. Nonwaiver of Rights. Indemnitees do not and shall not waive any rights that they may possess against Contractor because the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement.
b. Waiver of Right of Subrogation. Contractor, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees.
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15. Insurance. Contractor shall comply with the requirements set forth in Exhibit "D".
Insurance requirements that are waived by the City's Risk Manager do not require amendments or revisions to this Agreement.
16. Non-Liability of Officials and Employees of the City. No official or employee of the City shall be personally liable for any default or liability under this Agreement.
17. Compliance with Laws. Contractor shall comply with all federal, state and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals, with respect to this Agreement, including without limitation all environmental laws, and employment laws.
18. Non-Discrimination. Contractor shall comply with all applicable federal, state, and local laws, ordinances, regulations, and codes prohibiting discrimination, including but not limited to the Civil Rights Act of 1964, the Americans with Disabilities Act of 1990, and the California Fair Employment and Housing Act.
Contractor shall not discriminate against any employee or applicant for employment on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, military and veteran status, or any other legally protected characteristic. Contractor shall ensure that the evaluation and treatment of its employees and applicants for employment are free from such discrimination and harassment. Contractor shall include a similar non-discrimination provision in all subcontracts related to the performance of this Agreement.
19. Limitations upon Subcontracting and Assignment. Contractor acknowledges that the services which Contractor shall provide under this Agreement are unique, personal services which, except as otherwise provided herein, Contractor shall not assign or sublet to any other party without the prior written approval of City, which approval may be withheld in the City's sole and absolute discretion. In the event that the City, in writing, approves any assignment or subletting of this Agreement or the retention of subcontractors by Contractor, Contractor shall provide to the City upon request copies of each and every subcontract prior to the execution thereof by Contractor and subcontractor. Any attempt by Contractor to assign any or all of its rights under this Agreement without first obtaining the City’s prior written consent shall constitute a material default under this Agreement.
The sale, assignment, transfer or other disposition, on a cumulative basis, of twenty-five percent (25%) or more of the ownership interest in Contractor or twenty-five percent (25%) or more the voting control of Contractor (whether Contractor is a corporation, limited liability company, partnership, joint venture or otherwise) shall constitute an assignment for purposes of this Agreement.
Further, the involvement of Contractor or its assets in any transaction or series of transactions (by way of merger, sale, acquisition, financing, transfer, leveraged - 6 -
buyout or otherwise), whether or not a formal assignment or hypothecation of this Agreement or Contractor’s assets occurs, which reduces Contractor’s assets or net worth by twenty-five percent (25%) or more shall also constitute an assignment for purposes of this Agreement.
20. Subcontractors. Contractor shall provide properly skilled professional and technical personnel to perform any approved subcontracting duties. Contractor shall not engage the services of any person or persons now employed by the City without the prior written approval of City, which approval may be withheld in the City's sole and absolute discretion.
21. Integration. This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes any previous oral or written agreement; provided, however, that correspondence or documents exchanged between Contractor and City may be used to assist in the interpretation of the exhibits to this Agreement.
22. Amendment. This Agreement may be amended or modified only by a subsequent written amendment executed by both parties.
23. Conflicting Provisions. In the event of a conflict between the terms and conditions of this Agreement and those of any exhibit or attachment hereto, this Agreement proper shall prevail. In the event of a conflict between the terms and conditions of any two or more exhibits or attachments hereto, those prepared by the City shall prevail over those prepared by Contractor.
24. Non-Exclusivity. Notwithstanding any provision herein to the contrary, the services provided by Contractor hereunder shall be non-exclusive, and City reserves the right to employ other contractors in connection with the project.
25. Exhibits. All exhibits hereto are made a part hereof and incorporated herein by reference; provided, however, that any language in Exhibit "A" which does not pertain to the project description, proposal, or scope of services (as applicable) to be provided by Contractor, or any corresponding responsibilities of City, shall be deemed extraneous to, and not a part of, this Agreement.
26. Time of Essence. Time is of the essence of this Agreement.
27. Confidentiality. To the extent permissible under law, Contractor shall keep confidential its obligations hereunder and the information acquired during the performance of the project or services hereunder.
28. Third Parties. Nothing herein shall be interpreted as creating any rights or benefits in any third parties. For purposes hereof, transferees or assignees as permitted under this Agreement shall not be considered "third parties." - 7 -
29. Governing Law and Venue. This Agreement shall be construed in accordance with the laws of the State of California without regard to principles of conflicts of law. Venue for any litigation or other action arising hereunder shall reside exclusively in the Superior Court of the County of Los Angeles, Southwest Judicial District.
30. Attorneys’ Fees. In the event either party to this Agreement brings any action to enforce or interpret this Agreement, the prevailing party in such action shall be entitled to reasonable attorneys' fees (including expert witness fees) and costs.
This provision shall survive the termination of this Agreement.
31. Claims. Any claim by Contractor against City hereunder shall be subject to Government Code §§ 810 et seq. The claims presentation provisions of said Act are hereby modified such that the presentation of all claims hereunder to the City shall be waived if not made within six (6) months after accrual of the cause of action.
32. Interpretation. Contractor acknowledges that it has had ample opportunity to seek legal advice with respect to the negotiation of this Agreement. This Agreement shall be interpreted as if drafted by both parties.
33. Warranty; Correction of Work. Contractor warrants that all products, equipment, materials, services, deliverables, and work provided under this Agreement shall:
a. be delivered with good title, free of liens, claims, and encumbrances; b. conform to all requirements of this Agreement;
c. be new and of good quality, unless otherwise expressly approved by the City in writing;
d. be free from defects in design, materials, manufacture, fabrication, installation, and workmanship; and
e. be fit and suitable for their intended purpose.
Unless a longer warranty period is specified in this Agreement or provided by an applicable manufacturer, supplier, subcontractor, or other third party, the warranties in this Section shall remain in effect for one (1) year from the latest of the date of delivery, completion of the applicable services or work, installation and operational testing, if applicable, or acceptance by the City. The City’s inspection, testing, use, payment, or acceptance of any product, service, deliverable, or work shall not waive any warranty or relieve Contractor of any obligation under this Section.
Consumable items shall be warranted for thirty (30) days from the date of delivery or acceptance by the City, whichever is later. For purposes of this Section, “consumable items” means items intended to be routinely consumed, depleted, or replaced through normal use, such as disposable filters, fluids, and replaceable lamps. Consumable items do not include installed equipment, - 8 -
batteries, electrical or lighting components or assemblies, finishes, graphics, manufactured or fabricated components, or any other item intended to remain in service as part of the completed product or work.
If, during the applicable warranty period, the City determines that any product, equipment, material, service, deliverable, or work is defective or nonconforming, Contractor shall, upon the City’s written notice and at Contractor’s sole cost and expense, promptly repair, correct, remove, replace, or reperform the defective or nonconforming product, service, deliverable, or work. Contractor’s obligations shall include all labor, professional services, supervision, materials, equipment, testing, transportation, removal, disposal, reinstallation, restoration, and other costs necessary to provide fully conforming products, services, deliverables, and work.
If Contractor fails to begin and diligently complete the required correction within the time specified by the City, or immediately when necessary to protect persons or property or prevent interruption of City operations, the City may correct, replace, or reperform the defective or nonconforming product, service, deliverable, or work itself or through others. Contractor shall reimburse the City for all costs and expenses incurred by the City.
Any repaired, corrected, replaced, or reperformed product, service, deliverable, or work shall be warranted for one (1) year from the date the repair, correction, replacement, or reperformance is completed and accepted by the City, or for the remainder of the original warranty period, whichever is longer.
Contractor shall obtain and pass through to the City all applicable manufacturer, supplier, subcontractor, and other third-party warranties, together with all documentation reasonably necessary for the City to enforce those warranties.
Third-party warranties are in addition to, and shall not limit, reduce, replace, or condition, Contractor’s obligations under this Section.
Notwithstanding any other provision of this Section, Contractor's aggregate liability under this Section, including any obligation to reimburse the City for costs and expenses incurred in correcting, replacing, or reperforming defective or nonconforming products, services, deliverables, or work, shall not exceed the applicable limits of liability of the insurance coverages required to be maintained by Contractor based on the nature of the claim, regardless of whether insurance coverage is available for or responds to the claim, which are described in Exhibit “D”. This limitation shall not apply to Contractor's indemnity obligations under Section 14.
34. Severability. Any provision of this Agreement that is found invalid or unenforceable shall be deemed severed and all remaining provisions of this Agreement shall remain enforceable to the fullest extent permitted by law. - 9 -
35. Authority. City warrants and represents that upon City Council approval, the Mayor of the City of Redondo Beach is duly authorized to enter into and execute this Agreement on behalf of City. The party signing on behalf of Contractor warrants and represents that he or she is duly authorized to enter into and execute this Agreement on behalf of Contractor, and shall be personally liable to City if he or she is not duly authorized to enter into and execute this Agreement on behalf of Contractor.
36. Waiver. The waiver by the City of any breach of any term or provision of this Agreement shall not be construed as a waiver of any subsequent breach.
37. Counterparts and Electronic Signatures. This Agreement may be executed in one or more counterparts, each of which shall constitute an original and all of which when taken together shall constitute one agreement. Signatures transmitted electronically or executed by electronic signature shall have the same force and effect as original signatures.
SIGNATURES FOLLOW ON NEXT PAGE
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IN WITNESS WHEREOF, the parties have executed this Agreement in Redondo Beach, California, as of this 6th day of October, 2026.
CITY OF REDONDO BEACH,
a chartered municipal corporation
__________________________
James A. Light, Mayor
AVANTPAGE INC.,
a California corporation
By: _______________________
Name: _______________________
Title: _______________________
ATTEST:
__________________________
Eleanor Manzano, City Clerk
APPROVED:
__________________________
Diane Strickfaden, Risk Manager
APPROVED AS TO FORM:
__________________________
Joy A. Ford, City Attorney
Vera Hooijdonk
VP of Revenue
10/1/2026 | 4:12 PM PDT
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EXHIBIT "A"
PROJECT DESCRIPTION/SCOPE OF SERVICES
A. PROJECT OVERVIEW. Contractor shall provide written translation services as needed for election documents and related materials for the March 2, 2027 General Municipal Election.
B. SCOPE OF WORK. Contractor shall provide written translation services as requested by the City, including the services described below, and shall apply applicable translation memory discounts as provided in Exhibit “C”.
C. TASKS AND ACTIVITIES. Contractor shall translate documents as requested by the City. Additional hourly services may include desktop publishing, document remediation (ADA), and large print formatting, as requested and approved by the City.
D. DELIVERABLES. Contractor shall provide completed translations and any requested formatted or remediated documents in the format requested by the City. All deliverables shall comply with applicable federal, state, and local laws and regulations applicable to Contractor’s services, and applicable industry standards.
E. REPORTING REQUIREMENTS. Contractor shall provide the City with information requested by the City regarding the status of translation assignments, including the status of pending assignments, completed services, and anticipated completion dates.
F. ROLES AND RESPONSIBILITIES.
1. Contractor shall perform the following duties for the March 2, 2027 General Municipal Election:
a. Translate written election materials and other requested documents into Spanish and additional languages as requested by the City. b. Format translated documents to ensure consistency with the original formatting requirements provided by the City.
c. Utilize translation memory (“TM”) software to capture and apply previous translation files, ensuring that repeated terms and phrases maintain consistency, cost-effectiveness, and efficiency across projects. d. Adhere to the following turnaround times based on word count per project.
Number of Words Turnaround Time (Business Days)
1-1000 2
1001-3000 3
3001-5000 4
5001 or more 5 or more, based on project size and
subject to City approval.
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2. City may provide Contractor with source documents, instructions, formatting requirements, and other information necessary for Contractor to perform the services.
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EXHIBIT "B"
TERM AND TIME OF COMPLETION
TERM. This Agreement shall commence on October 7, 2026 and shall continue through June 30, 2027 unless otherwise terminated as herein provided.
PERFORMANCE SCHEDULE. Contractor shall complete services outlined In Exhibit A during the term of this Agreement in accordance with the applicable turnaround times set forth in Exhibit “A”.
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EXHIBIT "C"
COMPENSATION
Provided Contractor is not in default under this Agreement, Contractor shall be compensated as provided below.
A. AMOUNT. Contractor shall be paid in accordance with the following schedule:
1. Written Translation Services
Service Pricing Minimum
Fee
Spanish Translation $0.19 per word $75
Other Languages
Pricing upon request and
subject to City’s prior written
approval
$75
Additional Hourly
Services $75 per hour $75
Rush Fees
A 30% rush fee may be applied
to expedited requests with City’s
prior written approval.
2. Translation Memory Discounts
Translation Memory Match Type Percentage of Full
Rate
100% match/repetitions 30%
75% - 99% (fuzzy match) 50%
Less than 75% - no match 100%
3. Definitions:
a. No match: A new string to be translated from scratch. b. Fuzzy match (from 75% to 99%): Contractor’s TM software has found a segment that is similar by at least 75%. The difference between the previous and the new source text is displayed as track changes for the linguists' information.
B. REIMBURSABLE EXPENSES. Contractor’s compensation shall be fully burdened, and Contractor shall not receive any reimbursable expenses.
C. METHOD OF PAYMENT. Contractor shall submit monthly invoices for services performed in the prior month. Each invoice shall indicate the dates of service, description of services performed, document or project name, language translated, number of words translated, applicable per word rate, applicable translation memory match category and - 15 -
rate, applicable hourly rate and number of hours, any City approved rush fee, total amount due.
Invoices must be itemized, adequately detailed, based on accurate records. Invoices must be in a form reasonably satisfactory to the City. Contractor may be required to provide backup material upon request.
D. SCHEDULE FOR PAYMENT. The City will make payment within 45 days after receipt of a complete and accurate invoice for services performed to the City's reasonable satisfaction. Notwithstanding the foregoing, the City may withhold any payments, or portion thereof, that the City disputes in good faith until the dispute is resolved, to the maximum extent permitted by law.
E. NOTICE. Written notices to City and shall be given by registered or certified mail, postage prepaid, email, or personally served, and addressed to the following parties.
Contractor: Avantpage, Inc.
523 G Street
Davis, CA 95616
Attention: Vera Hooijdonk, Vice President of Revenue
Email: [email protected]
City: City of Redondo Beach
City Clerk’s Office
415 Diamond Street
Redondo Beach, CA 90277
Attention: Eleanor Manzano, City Clerk
Email: [email protected]
All notices, including notices of address changes, provided under this Agreement are deemed received as follows: (1) on the second business day after emailing, provided that no “bounce-back” or similar message indicating non-delivery is received; (2) on the third day after mailing if sent by registered or certified mail; or (3) upon personal delivery.
Changes in the respective address set forth above may be made from time to time by any party upon written notice to the other party in accordance with this section. - 16 -
EXHIBIT “D”
INSURANCE REQUIREMENTS FOR CONTRACTORS
Without limiting Contractor’s indemnification obligations under this Agreement, Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, or employees.
Minimum Scope of Insurance
Coverage shall be at least as broad as:
Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001).
Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto).
Workers’ Compensation insurance as required by the State of California.
Employer’s Liability Insurance.
Professional Liability (Errors and Omissions) insurance appropriate to the Consultant's profession.
Cyber Liability Insurance.
Minimum Limits of Insurance
Contractor shall maintain limits no less than:
General Liability: $2,000,000 per occurrence for bodily injury, personal injury and property damage. The general aggregate limit of $4,000,000 shall apply separately to this project.
Automobile Liability: $1,000,000 per accident for bodily injury and property damage.
Employer’s Liability: $1,000,000 per accident for bodily injury or disease.
Professional Liability (Errors and Omissions): $2,000,000 for each claim, and $2,000,000 in aggregate.
Cyber Liability Insurance: $3,000,000 per occurrence for data breaches, cyberattacks, and other cybersecurity risks, and $3,000,000 in aggregate.
Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or selfinsured retentions as respects the City, its officers, officials, employees and volunteers or (2) the Contractor shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses. - 17 -
Other Insurance Provisions
The general liability and automobile liability policies shall contain, or be endorsed to contain, the following provisions:
Additional Insured Endorsement:
General Liability: The City, its officers, elected and appointed officials, employees, and volunteers shall be covered as insureds with respect to liability arising out of work performed by or on behalf of the Contractor. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance, or as a separate owner’s policy.
Automobile Liability: The City, its officers, elected and appointed officials, employees, and volunteers shall be covered as insureds with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the Contractor.
For any claims related to this project, the Contractor’s insurance coverage shall be primary insurance as respects the City, its officers, elected and appointed officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it.
Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City.
Each insurance policy shall be endorsed to state that the inclusion of more than one insured shall not operate to impair the rights of one insured against another insured, and the coverages afforded shall apply as though separate policies had been issued to each insured.
Each insurance policy shall be in effect prior to awarding the contract and each insurance policy or a successor policy shall be in effect for the duration of the project. The maintenance of proper insurance coverage is a material element of the contract and failure to maintain or renew coverage or to provide evidence of renewal may be treated by the City as a material breach of contract on the Contractor’s part.
Acceptability of Insurers
Insurance shall be placed with insurers with a current A.M. Best’s rating of no less than A:VII and which are authorized to transact insurance business in the State of California by the Department of Insurance.
Verification of Coverage
Contractor shall furnish the City with original certificates and amendatory endorsements effecting coverage required by this clause. The endorsements should be on the City authorized forms provided with the contract specifications. Standard ISO forms which shall be subject to City approval and amended to conform to the City’s requirements may be acceptable in lieu of City authorized forms. All certificates and endorsements shall be received and approved by the City before the contract is awarded. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications at any time.
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Subcontractors
Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.
Risk Management
Contractor acknowledges that insurance underwriting standards and practices are subject to change, and the City reserves the right to make changes to these provisions in the reasonable discretion of its Risk Manager.
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
INSURER(S) AFFORDING COVERAGE
INSURER F :
INSURER E :
INSURER D :
INSURER C :
INSURER B :
INSURER A : NAIC #
NAME: CONTACT
(A/C, No): FAX
E-MAIL ADDRESS:
PRODUCER
(A/C, No, Ext): PHONE
INSURED
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
OTHER:
(Per accident)
(Ea accident)
$
$
N / A
SUBR WVDADDL
INSD
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $
$
$
$ PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person) COMBINED SINGLE LIMIT
AUTOS ONLY
AUTOS ONLY AUTOS NON-OWNED OWNED SCHEDULED
ANY AUTO
AUTOMOBILE LIABILITY
Y / N WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED?
(Mandatory in NH) DESCRIPTION OF OPERATIONS below
If yes, describe under
ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEEE.L. EACH ACCIDENT EROTH- STATUTE PER
(MM/DD/YYYY) LIMITS POLICY EXP(MM/DD/YYYY) POLICY EFFLTR TYPE OF INSURANCE POLICY NUMBER INSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
EXCESS LIAB
UMBRELLA LIAB EACH OCCURRENCE $ AGGREGATE $
$
OCCUR
CLAIMS-MADE DED RETENTION $
PRODUCTS - COMP/OP AGG $ GENERAL AGGREGATE $ PERSONAL & ADV INJURY $ MED EXP (Any one person) $
EACH OCCURRENCE $ DAMAGE TO RENTED
PREMISES (Ea occurrence) $ COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO- JECT LOC
CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)
CANCELLATION
AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.
CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED
AUTOS ONLY
8/19/2026
McGee & Thielen Insurance Brokers, Inc
3840 Rosin Court # 245
Sacramento CA 95834
Amber Greenberg 916-561-4614 916-561-4658 [email protected] License#: 0633187 Citizens Insurance Company of America 31534 AVANINC-01 Allmerica Financial Benefit In 41840 Avantpage, Inc.
523 G Street
Davis CA 95616
Gemini Insurance Company 10833 Beazley Excess and Surplus Insurance, Inc. 42374 Lloyds of London 13781 2128594839 A X 2,000,000 X 1,000,000 10,000 2,000,000 4,000,000 X
Y Y OBFH777636 10/30/2025 10/30/2026
4,000,000
B 1,000,000 X
X X
Y Y AWFH777635 10/30/2025 10/30/2026
A X X 1,000,000 Y Y OBFH777636 10/30/2025 10/30/2026
1,000,000
B X
Y
Y W2FH777627 10/30/2025 10/30/2026
1,000,000 1,000,000 1,000,000
C
D
E
Professional Liability
Cyber Liability
Abuse & Molestation Liab., CM
VNPL021737
D3BED7260101
SML-0000-00423595C
5/15/2026
3/22/2026
8/23/2025
5/15/2027
3/22/2027
8/23/2026
$2,000,000 each claim
$3,000,000 each claim
$1,000,000 each claim
$4,000,000 Agg.
$3,000,000 Agg.
$2,000,000 Agg.
Certificate holder and any other additional entities, as required by contract, permit, or agreement, are additional insureds per the attached blanket endorsements 391-1006 08/16 and CA 02 48 02/99. Insurance is primary and non-contributory per the attached blanket endorsements 391-1003 08/16, 473-2106 10/16 and CA 01 43 05/07. Waiver of subrogation applies per the attached blanket endorsements BP 04 97 07/02, 461-0155 09/97 and WC 04 03 06 04/84. E&O Retroactive Date: 05/15/2007 City of Redondo Beach Elections 415 Diamond Street
Redondo Beach CA 90277
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT-CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule.
The additional premium for this endorsement shall be _____% of the California workers' compensation premium otherwise due on such remuneration.
Schedule
Person or Organization Job Description
This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective Policy No. Endorsement No.
Insured
Insurance Company
Countersigned By
WC 04 03 06 (Ed 04-84)
A PPLIES A S BLA NKET WA IVER
FOR THOSE HAVING A WRITTEN
CONTRACT WITH THE POLICYHOLDER REQUIRING WOS FOR
WC POLICYHOLDER EMPLOYEES.
2 W2F-H777627-04
ALLMERICA FINANCIAL BENEFIT INSURANCE
10-30-2025
AVANTPAGE, INC.
OBF H777636 5701335
1. SECTION I - PROPERTY, if two or more of
this coverage part's coverages apply to
the same loss or damage, we will not pay
more than the actual amount of the loss or
damage.
2. SECTION II - LIABILITY, it is our stated
intent that the various Coverage Parts,
forms, endorsements or policies issued to
the named insured by us, or any company
affiliated with us, do not provide any
duplication or overlap of coverage for the
same claim, "suit", "occurrence", offense,
accident, "wrongful act" or loss. We will
not pay more than the actual amount of
the loss or damage.
If this Coverage Part and any other
Coverage Part, form, endorsement or
policy issued to the named insured by us,
or any company affiliated with us, apply to
the same claim, "suit", occurrence,
offense, accident, "wrongful act" or loss,
the maximum Limit of Insurance under all
such Coverage Parts, forms,
endorsements or policies combined shall
not exceed the highest applicable Limit of
Insurance under any one Coverage Part,
form, endorsement or policy.
This condition does not apply to any
Excess or Umbrella Policy issued by us
specifically to apply as excess insurance
over this policy.
G. Liberalization
If we adopt any revision that would broaden
the coverage under this policy without
additional premium within 45 days prior to or
during the policy period, the broadened
coverage will immediately apply to this policy.
H. Other Insurance
1. SECTION I - PROPERTY
If there is other insurance covering the
same loss or damage, we will pay only for
the amount of covered loss or damage in
excess of the amount due from that other
insurance, whether you can collect on it or
not. But, we will not pay more than the
applicable Limit of Insurance of SECTION I
- PROPERTY.
2. SECTION II - LIABILITY
If other valid and collectible insurance is
available to the insured for a loss we
cover under SECTION II - LIABILITY, our
obligations are limited as follows:
a. Primary Insurance
This insurance is primary except when
paragraph b. below applies. If this
insurance is primary, our obligations
are not affected unless any of the
other insurance is also primary. Then,
we will share with all that other
insurance by the method described in
paragraph c. below.
However, if you agree in a written
contract, written agreement, or
written permit that the insurance
provided to any person or
organization included as an
Additional Insured under this
Coverage Part is primary and
non-contributory, we will not seek
contribution from any other
insurance available to that Additional
Insured which covers the Additional
Insured as a Named Insured except:
(1) For the sole negligence of the
Additional Insured; or
(2) When the Additional Insured is
an Additional Insured under
another liability policy.
b. Excess Insurance
This insurance is excess over:
(1) Any of the other insurance,
whether primary, excess,
contingent or on any other basis:
(a) That is Fire, Extended
Coverage, Builder's Risk,
Installation Risk or similar
coverage for "your work";
(b) That is Property Insurance for
premises rented to you or
temporarily occupied by you
with permission of the owner;
(c) That is insurance purchased
by you to cover your liability
as a tenant for "property
damage" to premises rented
to you or temporarily
occupied by you with
permission of the owner; or
(d) If the loss arises out of the
maintenance or use of
aircraft, "autos" or watercraft
to the extent not subject to
SECTION II - LIABILITY,
Exclusion g. Aircraft, Auto or
Watercraft; and
(2) Any other primary insurance
available to you covering liability
for damages arising out of the
premises or operations, or the
products and completed
operations, for which you have
been added as an additional
insured by attachment of an
endorsement.
When this insurance is excess, we
will have no duty under SECTION II -
LIABILITY to defend the insured
against any "suit" if any other
insurer has a duty to defend the
insured against that "suit". If no other
insurer defends, we will undertake to
do so, but we will be entitled to the
391-1003 08 16 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 79 of 81 premium in accordance with our rates and
rules then in effect.
3. With our consent, you may continue this
policy in force by paying a continuation
premium for each successive one-year
period. The premium must be:
a. Paid to us prior to the anniversary
date; and
b. Determined in accordance with
paragraph 2. above.
Our forms then in effect will apply. If you
do not pay the continuation premium, this
policy will expire on the first anniversary
date that we have not received the
premium.
4. Undeclared exposures or change in your
business operation, acquisition or use of
locations may occur during the policy
period that is not shown in the
Declarations. If so, we may require an
additional premium. That premium will be
determined in accordance with our rates
and rules then in effect.
J. Premium Audit
1. This policy is subject to audit if a premium
designated as an advance premium is
shown in the Declarations. We will
compute the final premium due when we
determine your actual exposures.
2. Premium shown in this policy as advance
premium is a deposit premium only. At the
close of each audit period, we will
compute the earned premium for that
period and send notice to the first Named
Insured. The due date for audit premiums
is the date shown as the due date on the
bill. If the sum of the advance and audit
premiums paid for the policy period is
greater than the earned premium, we will
return the excess to the first Named
Insured.
3. The first Named Insured must keep
records of the information we need for
premium computation and send us copies
at such times as we may request.
K. Transfer of Rights of Recovery Against Others
to Us
1. Applicable to SECTION I - PROPERTY
Coverage:
If any person or organization to or for
whom we make payment under this policy
has rights to recover damages from
another, those rights are transferred to us
to the extent of our payment. That person
or organization must do everything
necessary to secure our rights and must
do nothing after loss to impair them. But
you may waive your rights against another
party in writing:
insured's rights against all those other
insurers.
c. When this insurance is excess over other
insurance, we will pay only our share of
the amount of the loss, if any, that
exceeds the sum of:
(1) The total amount that all such other
insurance would pay for the loss in
the absence of this insurance; and
(2) The total of all deductible and
self-insured amounts under all that
other insurance.
d. We will share the remaining loss, if any,
with any other insurance that is not
described in this provision and was not
bought specifically to apply in excess of
the Limits of Insurance shown in the
Declarations for this Coverage.
e. Method of Sharing
If all of the other insurance permits
contribution by equal shares, we will
follow this method also. Under this
approach each insurer contributes equal
amounts until it has paid its applicable
Limit of Insurance or none of the loss
remains, whichever comes first.
If any of the other insurance does not
permit contribution by equal shares, we
will contribute by limits. Under this
method, each insurer's share is based on
the ratio of its applicable Limit of
Insurance to the total applicable limits of
insurance of all insurers.
f. When this insurance is excess, we will
have no duty under Business Liability
Coverage to defend any claim or "suit"
that any other insurer has a duty to
defend. If no other insurer defends, we
will undertake to do so; but we will be
entitled to the insured's rights against all
those other insurers.
I. Premiums
1. The first Named Insured shown in the
Declarations:
a. Is responsible for the payment of all
premiums; and
b. Will be the payee for any return
premiums we pay.
2. The premium shown in the Declarations was
computed based on rates in effect at the time
the policy was issued. On each renewal,
continuation or anniversary of the effective
date of this policy, we will compute the
391-1003 08 16 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 80 of 81 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BUSINESSOWNERS LIABILITY SPECIAL BROADENING ENDORSEMENT This endorsement modifies insurance provided under the following:
BUSINESSOWNERS COVERAGE FORM
This endorsement amends coverages provided under the Businessowners Coverage Form through new coverages and broader coverage grants. This coverage is subject to the provisions applicable to the Businessowners Coverage Form, except as provided below.
The following changes are made to SECTION II -
LIABILITY:
1. Additional Insured by Contract, Agreement or
Permit
The following is added to SECTION II -
LIABILITY, C. Who Is An Insured:
Additional Insured by Contract, Agreement or
Permit
a. Any person or organization with whom you
agreed in a written contract, written
agreement or permit to add such person or
organization as an additional insured on
your policy is an additional insured only with
respect to liability for "bodily injury",
"property damage", or "personal and
advertising injury" caused, in whole or in
part, by your acts or omissions, or the acts
or omissions of those acting on your behalf,
but only with respect to:
(1) "Your work" for the additional insured(s)
designated in the contract, agreement or
permit;
(2) Premises you own, rent, lease or
occupy; or
(3) Your maintenance, operation or use of
equipment leased to you.
b. The insurance afforded to such additional
insured described above:
(1) Only applies to the extent permitted by
law; and
(2) Will not be broader than the insurance
which you are required by the contract,
agreement or permit to provide for such
additional insured.
(3) Applies on a primary basis if that is
required by the written contract, written
agreement or permit.
(4) Will not be broader than coverage
provided to any other insured.
(5) Does not apply if the "bodily injury",
"property damage" or "personal and
advertising injury" is otherwise excluded
from coverage under this Coverage Part,
including any endorsements thereto.
391-1006 08 16 Includes copyrighted materials of Insurance Services Offices, Inc., with its permission. Page 1 of 6 SUMMARY OF COVERAGES Limits Page
1. Additional Insured by Contract, Agreement or Permit Included 1
2. Additional Insured - Broad Form Vendors
3. Alienated Premises
4. Broad Form Property Damage - Borrowed Equipment, Customers Goods and Use of Elevators
5. Incidental Malpractice (Employed Nurses, EMT's and Paramedics)
6. Personal and Advertising Injury - Broad Form
7. Product Recall Expense
Product Recall Expense Each Occurrence Limit
Product Recall Expense Aggregate Limit
Product Recall Deductible
8. Unintentional Failure to Disclose Hazards
9. Unintentional Failure to Notify
Included
Included
Included
Included
Included
Included
$25,000
$50,000
$500
Included
Included
2 3
3 3
4 4
5 5
5 6
6 Aggregate
Occurrence
OBF H777636
OBF H777636 5701335
c. This provision does not apply:
(1) Unless the written contract or written
agreement was executed or permit was
issued prior to the "bodily injury",
"property damage", or "personal injury
and advertising injury".
(2) To any person or organization included
as an insured by another endorsement
issued by us and made part of this
Coverage Part.
(3) To any lessor of equipment:
(a) After the equipment lease expires; or
(b) If the "bodily injury", "property
damage", "personal and advertising
injury" arises out of sole negligence
of the lessor.
(4) To any:
(a) Owners or other interests from whom
land has been leased if the
"occurrence" takes place or the
offense is committed after the lease
for the land expires; or
(b) Managers or lessors of premises if:
(i) The "occurrence" takes place or
the offense is committed after
you cease to be a tenant in that
premises; or
(ii) The "bodily injury", "property
damage", "personal injury" or
"advertising injury" arises out of
structural alterations, new
construction or demolition
operations performed by or on
behalf of the manager or lessor.
(5) To "bodily injury", "property damage" or
"personal and advertising injury" arising
out of the rendering of or the failure to
render any professional services.
This exclusion applies even if the claims
against any insured allege negligence or
other wrongdoing in the supervision,
hiring, employment, training or
monitoring of others by that insured, if
the "occurrence" which caused the
"bodily injury" or "property damage" or
the offense which caused the "personal
and advertising injury" involved the
rendering of or failure to render any
professional services by or for you.
d. With respect to the insurance afforded to
these additional insureds, the following is
added to SECTION II - LIABILITY, D. Liability
and Medical Expense Limits of Insurance:
The most we will pay on behalf of the
additional insured for a covered claim is the
lesser of the amount of insurance:
1. Required by the contract, agreement or
permit described in Paragraph a.; or
2. Available under the applicable Limits of
Insurance shown in the Declarations.
This endorsement shall not increase the
applicable Limits of Insurance shown in the
Declarations
e. All other insuring agreements, exclusions,
and conditions of the policy apply.
2. Additional Insured - Broad Form Vendors
The following is added to SECTION II -
LIABILITY, C. Who Is An Insured:
Additional Insured - Broad Form Vendors
a. Any person or organization that is a vendor
with whom you agreed in a written contract
or written agreement to include as an
additional insured under this Coverage Part
is an insured, but only with respect to liability
for "bodily injury" or "property damage"
arising out of "your products" which are
distributed or sold in the regular course of
the vendor's business.
b. The insurance afforded to such vendor
described above:
(1) Only applies to the extent permitted by
law;
(2) Will not be broader than the insurance
which you are required by the contract or
agreement to provide for such vendor;
(3) Will not be broader than coverage
provided to any other insured; and
(4) Does not apply if the "bodily injury",
"property damage" or "personal and
advertising injury" is otherwise excluded
from coverage under this Coverage Part,
including any endorsements thereto
c. With respect to insurance afforded to such
vendors, the following additional exclusions
apply:
The insurance afforded to the vendor does
not apply to:
(1) "Bodily injury" or "property damage" for
which the vendor is obligated to pay
damages by reasons of the assumption of
liability in a contract or agreement. This
exclusion does not apply to liability for
damages that the insured would have in
the absence of the contract or
agreement;
(2) Any express warranty unauthorized by
you;
391-1006 08 16 Includes copyrighted materials of Insurance Services Offices, Inc., with its permission. Page 2 of 6 (3) Any physical or chemical change in the
product made intentionally by the
vendor;
(4) Repackaging, unless unpacked solely for
the purpose of inspection,
demonstration, testing, or the
substitution of parts under instruction
from the manufacturer, and then
repackaged in the original container;
(5) Any failure to make such inspection,
adjustments, tests or servicing as the
vendor has agreed to make or normally
undertakes to make in the usual course
of business in connection with the sale
of the product;
(6) Demonstration, installation, servicing or
repair operations, except such
operations performed at the vendor's
premises in connection with the sale of
the product;
(7) Products which, after distribution or sale
by you, have been labeled or relabeled
or used as a container, part or
ingredient of any other thing or
substance by or for the vendor;
(8) "Bodily injury" or "property damage"
arising out of the sole negligence of the
vendor 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:
(a) The exceptions contained within the
exclusion in subparagraphs (4) or (6)
above; or
(b) Such inspections, adjustments, tests
or servicing as the vendor 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.
(9) "Bodily injury" or "property damage"
arising out of an "occurrence" that took
place before you have signed the
contract or agreement with the vendor.
(10)To any person or organization included
as an insured by another endorsement
issued by us and made part of this
Coverage Part.
(11)Any insured person or organization,
from whom you have acquired such
products, or any ingredient, part or
container, entering into, accompanying
or containing such products.
d. With respect to the insurance afforded to
these vendors, the following is added to
SECTION II - LIABILITY, D. Liability and
Medical Expense Limits of Insurance:
The most we will pay on behalf of the vendor
for a covered claim is the lesser of the
amount of insurance:
1. Required by the contract or agreement
described in Paragraph a.; or
2. Available under the applicable Limits of
Insurance shown in the Declarations;
This endorsement shall not increase the
applicable Limits of Insurance shown in the
Declarations.
3. Alienated Premises
SECTION II - LIABILITY, B. Exclusions, 1.
Applicable To Business Liability Coverage k.
Damage to Property, paragraph (2) is replaced by
the following:
(2) Premises you sell, give away or abandon, if
the "property damage" arises out of any part
of those premises and occurred from hazards
that were known by you, or should have
reasonably been known by you, at the time
the property was transferred or abandoned.
4. Broad Form Property Damage - Borrowed
Equipment, Customers Goods, Use of Elevators
a. The following is added to SECTION II -
LIABILITY, B. Exclusions, 1. Applicable To
Business Liability Coverage, k. Damage to
Property:
Paragraph (4) does not apply to "property
damage" to borrowed equipment while at a
jobsite and not being used to perform
operations.
Paragraph (3), (4) and (6) do not apply to
"property damage" to "customers goods"
while on your premises nor to the use of
elevators.
b. For the purposes of this endorsement, the
following definition is added to SECTION II -
LIABILITY, F. Liability and Medical Expenses
Definitions:
1. "Customers goods" means property of
your customer on your premises for the
purpose of being:
a. Worked on; or
b. Used in your manufacturing process.
c. The insurance afforded under this provision is
excess over any other valid and collectible
property insurance (including deductible)
available to the insured whether primary,
excess, contingent or on any other basis.
5. Incidental Malpractice - Employed Nurses, EMT's
and Paramedics
SECTION II - LIABILITY, C. Who Is An Insured,
paragraph 2.a.(1)(d) does not apply to a nurse,
391-1006 08 16 Includes copyrighted materials of Insurance Services Offices, Inc., with its permission. Page 3 of 6 OBF H777636
OBF H777636 5701335
emergency medical technician or paramedic
employed by you if you are not engaged in the
business or occupation of providing medical,
paramedical, surgical, dental, x-ray or nursing
services.
6. Personal Injury - Broad Form
a. SECTION II - LIABILITY, B. Exclusions, 2.
Additional Exclusions Applicable only to
"Personal and Advertising Injury", paragraph
e. is deleted.
b. SECTION II - LIABILITY, F. Liability and
Medical Expenses Definitions, 14. "Personal
and advertising injury", paragraph b. is
replaced by the following:
b. Malicious prosecution or abuse of
process.
c. The following is added to SECTION II -
LIABILITY, F. Liability and Medical Expenses
Definitions, Definition 14. "Personal and
advertising injury":
"Discrimination" (unless insurance thereof is
prohibited by law) that results in injury to the
feelings or reputation of a natural person,
but only if such "discrimination" is:
(1) Not done intentionally by or at the
direction of:
(a) The insured;
(b) Any officer of the corporation,
director, stockholder, partner or
member of the insured; and
(2) Not directly or indirectly related to an
"employee", not to the employment,
prospective employment or termination
of any person or persons by an insured.
d. For purposes of this endorsement, the
following definition is added to SECTION II -
LIABILITY, F. Liability and Medical Expenses
Definitions:
1. "Discrimination" means the unlawful
treatment of individuals based upon race,
color, ethnic origin, gender, religion, age,
or sexual preference. "Discrimination"
does not include the unlawful treatment
of individuals based upon developmental,
physical, cognitive, mental, sensory or
emotional impairment or any
combination of these.
e. This coverage does not apply if liability
coverage for "personal and advertising
injury" is excluded either by the provisions of
the Coverage Form or any endorsement
thereto.
7. Product Recall Expense
a. SECTION II - LIABILITY, B. Exclusions, 1.
Applicable To Business Liability Coverage,
o. Recall of Products, Work or Impaired
is replaced by the following:
o. Recall of Products, Work or Impaired
Property
Damages claimed for any loss, cost or
expense incurred by you or others for
the loss of use, withdrawal, recall,
inspection, repair, replacement,
adjustment, removal or disposal of:
(1) "Your product";
(2) "Your work"; or
(3) "Impaired property";
If such product, work or property is
withdrawn or recalled from the market or
from use by any person or organization
because of a known or suspected defect,
deficiency, inadequacy or dangerous
condition in it, but this exclusion does
not apply to "product recall expenses"
that you incur for the "covered recall" of
"your product".
However, the exception to the exclusion
does not apply to "product recall
expenses" resulting from:
(4) Failure of any products to accomplish
their intended purpose;
(5) Breach of warranties of fitness,
quality, durability or performance;
(6) Loss of customer approval, or any
cost incurred to regain customer
approval;
(7) Redistribution or replacement of
"your product" which has been
recalled by like products or
substitutes;
(8) Caprice or whim of the insured;
(9) A condition likely to cause loss of
which any insured knew or had
reason to know at the inception of
this insurance;
(10)Asbestos, including loss, damage or
clean up resulting from asbestos or
asbestos containing materials; or
(11)Recall of "your products" that have
no known or suspected defect solely
because a known or suspected
defect in another of "your products"
has been found.
b. The following is added to SECTION II -
LIABILITY, C. Who Is An Insured, paragraph
3.b.:
"Product recall expense" arising out of any
withdrawal or recall that occurred before you
acquired or formed the organization.
391-1006 08 16 Includes copyrighted materials of Insurance Services Offices, Inc., with its permission. Page 4 of 6 Property
c. The following is added to SECTION II -
LIABILITY, D. Liability and Medical Expenses
Limits of Insurance:
Product Recall Expense Limits of Insurance
a. The Limits of Insurance shown in the
SUMMARY OF COVERAGES of this
endorsement and the rules stated below
fix the most that we will pay under this
Product Recall Expense Coverage
regardless of the number of:
(1) Insureds;
(2) "Covered Recalls" initiated; or
(3) Number of "your products"
withdrawn.
b. The Product Recall Expense Aggregate
Limit is the most that we will reimburse
you for the sum of all "product recall
expenses" incurred for all "covered
recalls" initiated during the policy period.
c. The Product Recall Each Occurrence
Limit is the most we will pay in
connection with any one defect or
deficiency.
d. All "product recall expenses" in
connection with substantially the same
general harmful condition will be
deemed to arise out of the same defect
or deficiency and considered one
"occurrence".
e. Any amount reimbursed for "product
recall expenses" in connection with any
one "occurrence" will reduce the amount
of the Product Recall Expense Aggregate
Limit available for reimbursement of
"product recall expenses" in connection
with any other defect or deficiency.
f. If the Product Recall Expense Aggregate
Limit has been reduced by
reimbursement of "product recall
expenses" to an amount that is less than
the Product Recall Expense Each
Occurrence Limit, the remaining
Aggregate Limit is the most that will be
available for reimbursement of "product
recall expenses" in connection with any
other defect or deficiency.
g. Product Recall Deductible
We will only pay for the amount of
"product recall expenses" which are in
excess of the $500 Product Recall
Deductible. The Product Recall
Deductible applies separately to each
"covered recall". The limits of insurance
will not be reduced by the amount of this
deductible.
We may, or will if required by law, pay all
or any part of any deductible amount, if
applicable. Upon notice of our payment
of a deductible amount, you shall
promptly reimburse us for the part of the
deductible amount we paid.
The Product Recall Expense Limits of
Insurance apply separately to each
consecutive annual period and to any
remaining period of less than 12 months,
starting with the beginning of the policy
period shown in the Declarations, unless the
policy period is extended after issuance for
an additional period of less than 12 months.
In that case, the additional period will be
deemed part of the last preceding period for
the purposes of determining the Limits of
Insurance.
d. The following is added to SECTION II -
LIABILITY, E. Liability and Medical Expense
General Conditions, 2. Duties in the Event of
Occurrence, Offense, Claim or Suit:
You must see to it that the following are
done in the event of an actual or anticipated
"covered recall" that may result in "product
recall expense":
(1) Give us prompt notice of any discovery
or notification that "your product" must
be withdrawn or recalled. Include a
description of "your product" and the
reason for the withdrawal or recall;
(2) Cease any further release, shipment,
consignment or any other method of
distribution of like or similar products
until it has been determined that all
such products are free from defects that
could be a cause of loss under this
insurance.
e. For the purposs of this endorsement, the
following definitions are added to SECTION
II - LIABILITY, F. Liability and Medical
Expenses Definitions:
1. "Covered recall" means a recall made
necessary because you or a government
body has determined that a known or
suspected defect, deficiency,
inadequacy, or dangerous condition in
"your product" has resulted or will result
in "bodily injury" or "property damage".
2. "Product recall expense(s)" means:
a. Necessary and reasonable expenses
for:
(1) Communications, including radio
or television announcements or
printed advertisements including
stationary, envelopes and
postage;
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(2) Shipping the recalled products
from any purchaser, distributor or
user to the place or places
designated by you;
(3) Remuneration paid to your
regular "employees" for
necessary overtime;
(4) Hiring additional persons, other
than your regular "employees";
(5) Expenses incurred by "employees"
including transportation and
accommodations;
(6) Expenses to rent additional
warehouse or storage space;
(7) Disposal of "your product", but
only to the extent that specific
methods of destruction other than
those employed for trash
discarding or disposal are
required to avoid "bodily injury"
or "property damage" as a result
of such disposal,
you incur exclusively for the purpose
of recalling "your product"; and
b. Your lost profit resulting from such
"covered recall".
f. This Product Recall Expense Coverage does
not apply:
(1) If the "products - completed operations
hazard" is excluded from coverage under
this Coverage Part including any
endorsement thereto; or
(2) To "product recall expense" arising out of
any of "your products" that are otherwise
excluded from coverage under this
Coverage Part including endorsements
thereto.
8. Unintentional Failure to Disclose Hazards
The following is added to SECTION II -
LIABILITY, E. Liability and Medical Expenses
General Conditions:
Representations
We will not disclaim coverage under this
Coverage Part if you fail to disclose all hazards
existing as of the inception date of the policy
provided such failure is not intentional.
9. Unintentional Failure to Notify
The following is added to SECTION II -
LIABILITY, E. Liability and Medical Expenses
General Conditions, 2. Duties in the Event of
Occurrence, Offense, Claim or Suit:
Your rights afforded under this Coverage Part
shall not be prejudiced if you fail to give us
notice of an "occurrence", offense, claim or "suit",
solely due to your reasonable and documented
belief that the "bodily injury", "property damage"
or "personal and advertising injury" is not
covered under this Policy.
ALL OTHER TERMS, CONDITIONS, AND EXCLUSIONS REMAIN UNCHANGED. 391-1006 08 16 Includes copyrighted materials of Insurance Services Offices, Inc., with its permission. Page 6 of 6 AWFH777635 5701335
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461-0155 (9-97) Page 1 of 7
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BUSINESS AUTO COVERAGE
BROADENING ENDORSEMENT
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement.
1. CANCELLATION EXTENSION
Paragraph A. CANCELLATION 2. b. of the
COMMON POLICY CONDITIONS is
replaced with the following:
b. 60 days before the effective date
of cancellation if we cancel for
any other reason.
SECTION I - COVERED AUTOS
2. EMPLOYEE HIRED "AUTOS"
Description Of Covered Auto
Designation Symbols; Symbol 8 is
replaced by the following:
8 = Hired "Autos" Only - Only those
"autos" you lease, hire, rent or borrow;
including "autos" your employee hires at
your direction, for the purpose of
conducting your business. This does not
include any "auto" you lease, hire, rent, or
borrow from any of your "employees" or
partners or members of their households.
SECTION II - LIABILITY COVERAGE
3. BROADENED NAMED INSURED
The following is added to the SECTION II -
LIABILITY COVERAGE, Paragraph 1. Who
Is An Insured provision:
d. Any business entity for which you
have a financial interest greater
than 50% of the voting stock or
otherwise have a controlling
interest after the effective date of
this policy or that is newly
acquired or formed by you during
the term of this policy.
The coverage provided by this
provision is afforded until
expiration or termination of
this policy, whichever occurs
earlier.
The coverage provided by this
provision does not apply to
any business entity described
in d. above that qualifies as an
insured under any other
automobile liability policy
issued to that business entity
as a named insured or would
have been an insured except
for the exhaustion of the
policy limits or the insolvency
of the insurer.
The coverage provided by this
provision does not apply to
"bodily injury" nor "property
damage" arising from an
accident that occurred prior to
your acquiring or forming the
business entity described in d.
above.
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Copyright, Insurance Services Office, Inc., 1996
461-0155 (9-97) Page 2 of 7
4. EMPLOYEES AS INSUREDS
The following is added to the SECTION II -
LIABILITY COVERAGE, Paragraph 1. Who
Is An Insured provision:
e. Any employee of yours is an
"insured" while using a covered
"auto" you do not own, hire or
borrow in your business or your
personal affairs.
5. SUPPLEMENTARY PAYMENTS
The following amends SECTION II -
LIABILITY COVERAGE, Paragraph 2.
Coverage Extensions provision:
Paragraph (2) is replaced by the following:
(2) Up to $2500 for cost of bail bonds
(including bonds for related traffic
law violations) required because
of an "accident" we cover. We do
not have to furnish these bonds.
Paragraph (4) is replaced by the following:
(4) All reasonable expenses incurred
by the "insured" at our request,
including actual loss of earnings
up to $500 a day because of time
off from work.
6. AMENDED FELLOW EMPLOYEE
EXCLUSION
The following is added to the SECTION II -
LIABILITY COVERAGE, B. Exclusions
Paragraph 5. Fellow Employee exclusion:
This exclusion does not apply if the
"bodily injury" arises from the use of a
covered "auto" you own or hire. This
coverage is excess over any other
collectible insurance
SECTION III - PHYSICAL DAMAGE
COVERAGE.
7. EXPENSE OF RETURNING A STOLEN
"AUTO" and SIGN COVERAGE
The following is added to SECTION III -
PHYSICAL DAMAGE COVERAGE, A.1.
COVERAGE:
d. Expense Of Returning A Stolen
"Auto"
We will pay for the expense of
returning a covered "auto" to you.
e. Sign Coverage
We will pay for loss to signs,
murals, paintings or graphics,
as part of equipment, which are
displayed on a covered "auto".
The most we will pay for "loss" in
any one "accident" is the lesser
of:
1. The actual cash value of
the property as of the
time of the "loss"; or
2. The cost of repairing or
replacing the damaged or
stolen property with other
property of like kind and
quality; or
3. $2,000.
8. GLASS BREAKAGE DEDUCTIBLE
The following is added to SECTION III -
PHYSICAL DAMAGE COVERAGE, A.
COVERAGE paragraph 3. Glass Breakage -
Hitting a Bird or Animal - Falling Objects
or Missiles:
Any deductible shown in the
Declarations as applicable to the
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Copyright, Insurance Services Office, Inc., 1996
461-0155 (9-97) Page 3 of 7
covered "auto" will not apply to glass
breakage if such glass is repaired,
rather than replaced.
9. TRANSPORTATION EXPENSE
Paragraph 4. Coverage Extension. of
SECTION III - PHYSICAL DAMAGE
COVERAGE, A. COVERAGE is replaced
with the following:
4. Coverage Extension
We will pay up to $50 per day to a
maximum of $1500 for temporary
transportation expense incurred
by you because of the total theft of
a covered "auto" of the private
passenger type. We will pay only
for those covered "autos" for
which you carry either
Comprehensive or Specified
Causes of Loss Coverage. We will
pay for temporary transportation
expenses incurred during the
period beginning 24 hours after
the theft and ending, regardless of
the policy s expiration, when the
covered "auto" is returned to use
or we pay for its "loss".
10. HIRED AUTO PHYSICAL DAMAGE
The following is added to SECTION III -
PHYSICAL DAMAGE COVERAGE, A.
COVERAGE:
5. Hired Auto Physical Damage
If hired "autos" are covered
"autos" for Liability Coverage and
if Physical Damage Coverage of
Comprehensive, Specified Causes
of Loss, or Collision is provided
under this Coverage Form for any
"auto" you own, then the Physical
Damage Coverage(s) provided is
extended to "autos" you hire
without a driver or your employee
hires, without a driver, at your
direction, for the purpose of
conducting your business, for a
period of 30 days or less, of like
kind and use as the "autos" you
own, subject to the following:
The most we will pay for any one
loss is the lesser of the following:
a. $50,000 per accident, or
b. cash value, or
c. the cost of repair,
minus the deductible equal to the
lowest deductible applicable to
any owned "auto" for that
coverage. Any deductible shown
in the Declarations does not apply
to "loss" caused by fire or
lightning. Subject to the limit and
deductible stated above, we will
provide coverage equal to the
broadest coverage provided to
any covered "auto" you own, that
is applicable to the loss.
If the loss arises from an accident
for which you are legally liable
and the lessor incurs an actual
financial loss from that accident,
we will cover the lessor s actual
financial loss of use of the hired
"auto" for a period of up to seven
consecutive days from the date of
the accident, subject to a limit of
$1,000 per accident.
11. AUDIO, VISUAL AND DATA
ELECTRONIC EQUIPMENT COVERAGE
The following is added to SECTION III -
PHYSICAL DAMAGE COVERAGE, A.
COVERAGE:
6. Audio, Visual and Data Electronic
Equipment Coverage
We will pay for "loss" to any
electronic equipment that receives
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Copyright, Insurance Services Office, Inc., 1996
461-0155 (9-97) Page 4 of 7
or transmits audio, visual or data
signals and that is not designed
solely for the reproduction of
sound. This coverage applies
only if the equipment is
permanently installed in the
covered "auto" at the time of the
"loss" or the equipment is
removable from a housing unit
which is permanently installed in
the covered auto at the time of
the "loss", and such equipment is
designed to be solely operated by
use of the power from the "auto s"
electrical system, in or upon the
covered "auto", including its
antennas and other accessories.
However , this does not include
tapes, records or discs.
The exclusions that apply to
PHYSICAL DAMAGE COVERAGE,
except for the exclusion relating to
Audio, Visual and Data Electronic
Equipment, also apply to coverage
provided herein. In addition, the
following exclusions apply:
We will not pay , under this
coverage, for either any electronic
equipment or accessories used
with such electronic equipment
that is:
1. Necessary for the normal
operation of the covered
"auto" or the monitoring of
the covered "auto s"
operating system; or
2. Both:
a. An integral part of the
same unit housing any
sound reproducing
equipment designed
solely for the
reproduction of sound if
the sound reproducing
equipment is permanently
installed in the covered
"auto", and
b. Permanently installed
in the opening of the dash
or console normally used
by the manufacturer for
the installation of a radio.
With respect to coverage herein,
the LIMIT OF INSURANCE
provision of PHYSICAL DAMAGE
COVERAGE is replaced by the
following:
1. The most we will pay for all
"loss" to audio, visual or data
electronic equipment and any
accessories used with this
equipment as a result of any
one "accident" is the lesser of
a. The actual cash value of
the damaged or stolen
property as of the time of
the "loss"; or
b. The cost of repairing or
replacing the damaged or
stolen property with other
property of like kind and
quality; or
c. $500.
2. An adjustment for
depreciation and physical
condition will be made in
determining actual cash value
at the time of the "loss".
3. Deductibles applicable to
PHYSICAL DAMAGE
COVERAGE, do not apply
to this Audio, Visual and Data
Electronic Equipment
Coverage.
If there is other coverage provided
by this policy for audio, visual and
data electronic equipment, the
coverage provided herein is
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Copyright, Insurance Services Office, Inc., 1996
461-0155 (9-97) Page 5 of 7
excess. However, you may elect
to apply the limit or any portion
thereof of coverage provided
herein to pay any deductible that
is applicable under the provisions
of the other coverage.
12. RENTAL REIMBURSEMENT and
MATERIAL TRANSFER EXPENSE
The following is added to SECTION III -
PHYSICAL DAMAGE COVERAGE, A.
COVERAGE:
7. Rental Reimbursement and
Material Transfer Expense
This coverage provides only those
Physical Damage Coverages
where a premium is shown in the
Declarations. It applies only to a
covered "auto" described or
designated to which the Physical
Damage Coverages apply.
We will pay for auto rental
expenses and the expenses,
incurred by you because of "loss"
to a covered "auto", to remove
and transfer your materials and
equipment from the covered
"auto" . Payment applies in
addition to the otherwise
applicable amount of each
coverage you have on a covered
"auto". No deductibles apply to
this coverage.
We will pay only for those auto
rental expenses incurred during
the policy period beginning 24
hours after the "loss" and ending,
regardless of the policy s
expiration, with the lesser of the
following number of days:
1. The number of days
reasonably required to
repair or replace the
covered"auto". If loss is
caused by theft, this
number of days is added
to the number of days it
takes to locate the covered
"auto" and transport it to a
repair shop.
2. 60 days.
Our payment is limited to the
lesser of the following amounts:
1. Necessary and actual
expenses incurred,
including loss of use.
2. $3000.
This auto rental expense coverage
does not apply while there are
spare or reserve "autos" available
to you for your operations.
If "loss" results from the total theft
of a covered "auto" of the private
passenger type, we will pay under
this coverage only that amount of
your rental reimbursement
expenses which is not already
provided for under the SECTION
III - PHYSICAL DAMAGE
COVERAGE, A. 4. Coverage
Extension.
13. AIRBAG COVERAGE
The following is added to SECTION III -
PHYSICAL DAMAGE COVERAGE, B.
Exclusions, paragraph 3.
The portion of this exclusion relating to
mechanical or electrical breakdown does
not apply to the accidental discharge of an
airbag. This coverage is excess of other
collectible insurance or warranty. No
deductible applies to this Airbag
Coverage.
Includes copyrighted material of Insurance Services Office, Inc. with its permission.
Copyright, Insurance Services Office, Inc., 1996
461-0155 (9-97) Page 6 of 7
14. AUTO LOAN PHYSICAL DAMAGE
EXTENSION
The following is added to SECTION III -
PHYSICAL DAMAGE COVERAGE, C. Limit
Of Insurance provision:
When a "loss" results in a total loss to a
covered auto you own for which a Loss
Payee is designated in this policy, the
most we will pay for "loss" in any one
"accident" is the greater of:
1. The actual cash value of the
damaged or stolen property as of
the time of the "loss"; or
2. The outstanding balance of the
initial loan, less any amounts for
taxes, overdue payments, overdue
payment charges, penalties,
interest , any charges for early
termination of the loan, costs for
Credit Life Insurance, Health,
Accident or Disability Insurance
purchased with the loan, and
carry-over balances from previous
loans.
15. AUTO LEASE PHYSICAL DAMAGE
EXTENSION
The following is added to SECTION III -
PHYSICAL DAMAGE COVERAGE, C. Limit
Of Insurance provision:
If, because of damage, destruction or theft
of a covered "auto", which is a long-term
leased "auto", the lease agreement
between you and the lessor is terminated,
"we" will pay the difference between the
amount paid under paragraph C. LIMIT OF
INSURANCE 1. or 2. and the amount due
at the time of "loss" under the terms of
the lease agreement applicable to the
leased "auto" which you are required to
pay: less any fees to dispose of the auto;
any overdue payments; financial penalties
imposed under a lease for excessive use,
abnormal wear and tear or high mileage;
security deposits not refunded by the
lessor; cost for extended warranties,
Credit Life Insurance, Health, Accident or
Disability Insurance purchased with the
loan; and carry over balances from
previous leases.
This coverage applies only to the initial
lease for the covered "auto" which has not
previously been leased. This coverage is
excess over all other collectible
insurance.
SECTION IV - CONDITIONS
16. DUTIES IN THE EVENT OF ACCIDENT,
CLAIM, SUIT OR LOSS
The following is added to SECTION IV -
BUSINESS AUTO CONDITIONS, A. Loss
Conditions, 2. Duties In The Event Of
Accident, Claim, Suit Or Loss:
d. Knowledge of any "accident",
claim, "suit" or "loss" will be
deemed knowledge by you when
notice of such "accident",
claim, "suit" or "loss" has been
received by:
(1) You, if you are an individual;
(2) Any partner or insurance
manager if you are a
partnership; or
(3) An executive officer or
insurance manager if you are
a corporation.
17. BLANKET WAIVER OF SUBROGATION
Paragraph 5. Transfer Of Rights Of
Recovery Against Others To Us, SECTION
IV - BUSINESS AUTO CONDITIONS, A.
Loss Conditions is replaced by the
following:
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Copyright, Insurance Services Office, Inc., 1996
461-0155 (9-97) Page 7 of 7
5. Transfer Of Rights Of Recovery
Against Others To Us
If any person or organization to or
for whom we make payment
under this Coverage Form has
rights to recover damages from
another, which have not been
waived through the execution of
an "insured contract", written
agreement, or permit, prior to the
"accident" or "loss" giving rise to
the payment, those rights to
recover damages from another
are transferred to us. That person
or organization must do
everything necessary to secure
our rights and must do nothing
after the "accident" or "loss" to
impair them.
18. UNINTENTIONAL FAILURE TO
DISCLOSE INFORMATION
The following is added to SECTION IV
BUSINESS AUTO CONDITIONS. B.
General Conditions, paragraph 2.
Concealment, Misrepresentation Or Fraud:
Your unintentional error in disclosing,
or failure to disclose, any material fact
existing after the effective date of this
Coverage Form shall not prejudice
your rights under this Coverage Form.
However, this provision does not affect
our right to collect additional premium
or exercise our right of cancellation or
nonrenewal.
19. HIRED AUTO - WORLDWIDE
COVERAGE
The following is added to SECTION IV -
Business Auto Conditions, B. General
Conditions, paragraph 7. Policy Period,
Coverage Territory provision:
e. Outside the coverage territory
described in a., b., c., and d.
above for an "accident" or "loss"
resulting from the use of a
covered "auto" you hire, without a
driver, or your employee hires
without a driver, at your direction,
for the purpose of conducting your
business, for a period of 30 days
or less, provided the suit is
brought within The United States
of America or its territories or
possessions.
SECTION V - DEFINITIONS
20. MENTAL ANGUISH
Paragraph C. "Bodily injury", SECTION V -
DEFINITIONS is replaced by the following:
C. "Bodily injury" means bodily injury,
sickness or disease sustained by a
person including death or mental
anguish resulting from any of these.
OBF H777636 5701335
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
OTHER INSURANCE - NON-CONTRIBUTORY
BLANKET ADDITIONAL INSURED
This endorsement modifies insurance provided under the following:
COMMERCIAL LIABILITY UMBRELLA COVERAGE PART
The following is added to SECTION IV -
CONDITIONS, 5. Other Insurance:
Other Insurance - Non-Contributory
If you agree in a written contract,
agreement, or written permit that a person
organization be included as an Additional
under "underlying insurance" for a loss we
we will not seek contribution from any
insurance available to that Additional
which covers the Additional Insured as a
(1) For the sole negligence of the Additional
Insured; or
This insurance is excess over any other insurance
available to the Additional Insured under which the
Additional Insured on our policy is also covered as
an Additional Insured. This condition does not apply
to any policy under which the Additional Insured is
a Named Insured where our policy and the policy
listed in the schedule of "underlying insurance" are
required by written contract, written agreement or
written permit to provide coverage to the Additional
Insured on a primary and non-contributory basis.
ALL OTHER TERMS, CONDITIONS, AND EXCLUSIONS REMAIN UNCHANGED. (2) When the Additional Insured is an Additional
Insured under another liability policy.
or
Insured
cover,
other
Insured
written
Insured except:
Named
473-2106 10 16 Includes copyrighted material of Insurance Services Office, Inc. with its permission. Page 1 of 1 AWFH777635 5701335
BLANKET AS REQUIRED BY
CONTRACT, AGREEMENT OR PERMIT
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CA 20 48 02 99 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 1
DESIGNATED INSURED
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
GARAGE COVERAGE FORM
MOTOR CARRIER COVERAGE FORM
TRUCKERS COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement.
This endorsement identifies person(s) or organization(s) who are "insureds" under the Who Is An Insured Provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form.
This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below.
Endorsement Effective: Countersigned By:
Named Insured:
(Authorized Representative)
SCHEDULE
Name of Person(s) or Organization(s):
(If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement.) Each person or organization shown in the Schedule is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in Section II of the Coverage Form.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BP 04 97 07 02 Copyright, ISO Properties, Inc., 2001 Page 1 of 1
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY
AGAINST OTHERS TO US
This endorsement modifies insurance provided under the following:
BUSINESSOWNERS COVERAGE FORM
SCHEDULE*
Name Of Person Or Organization:
* Information required to complete this Schedule, if not shown on this endorsement, will be shown in the Declarations.
Paragraph K. Transfer Of Rights Of Recovery
Against Others To Us in Section III - Common Policy Conditions is amended by the addition of the following:
We waive any right of recovery we may have
against the person or organization shown in the
Schedule above because of payments we make for
injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the
"products-completed operations hazard". This
waiver applies only to the person or organization
shown in the Schedule above.
BLANKET AS REQUIRED BY CONTRACT, AGREEMENT OR PERMIT
OBFH777636
AWFH777635 5701335
CALIFORNIA CHANGES
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CA 01 43 05 07 Copyright, ISO Properties, Inc., 2006 Page 1 of 2 For a covered "auto" licensed or principally garaged in or "garage operations" conducted in California this endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
BUSINESS AUTO PHYSICAL DAMAGE COVERAGE FORM
GARAGE COVERAGE FORM
MOTOR CARRIER COVERAGE FORM
TRUCKERS COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement.
A. The term "spouse" is replaced by the following:
Spouse or registered domestic partner under
California law.
B. The following are added to the Other Insurance
Condition in the Business Auto and Garage
Coverage Forms and the Other Insurance -
Primary And Excess Insurance Provisions in the
Motor Carrier and Truckers Coverage Forms
and supersede any provisions to the contrary:
1. When this Coverage Form and any other
Coverage Form or policy providing liability
coverage apply to an "auto" and:
a. One provides coverage to a Named
Insured engaged in the business of
selling, repairing, servicing, delivering,
testing or road-testing "autos", and
b. The other provides coverage to a person
not engaged in that business, and
c. At the time of an "accident", a person
described in Paragraph 1.b. is operating
an "auto" owned by the business
described in Paragraph 1.a., then that
person's liability coverage is primary and
the Coverage Form issued to a business
described in Paragraph 1.a. is excess
over any coverage available to that
person.
2. When this Coverage Form and any other
Coverage Form or policy providing liability
coverage apply to an "auto" and:
a. One provides coverage to a Named
Insured engaged in the business of
selling, repairing, servicing, delivering,
testing or road-testing "autos", and
b. The other provides coverage to a person
not engaged in that business, and
c. At the time of an "accident" an "insured"
under the Coverage Form described in
Paragraph 2.a. is operating an "auto"
owned by a person described in
Paragraph 2.b., then the Coverage Form
issued to the business described in
Paragraph 2.a. is primary and the liability
coverage issued to a person described in
Paragraph 2.b. is excess over any
coverage available to the business.
3. When this Coverage Form and any other
Coverage Form or policy providing liability
coverage apply to a "commercial vehicle"
and:
a. One provides coverage to a Named
Insured, who in the course of business,
rents or leases "commercial vehicles"
without operators, and
b. The other provides coverage to a person
other than as described in Paragraph 3.a.,
and
c. At the time of an "accident", a person
who is not the Named Insured of the
policy described in Paragraph 3.a., and
who is not the agent or "employee" of
such Named Insured is operating a
"commercial vehicle" provided by the
business covered by the Coverage Form
or policy described in Paragraph 3.a.,
then the liability coverage provided by the
Coverage Form or policy described in
Paragraph 3.b. is primary, and the liability
coverage provided by the Coverage Form
or policy described in Paragraph 3.a. is
excess over any coverage available to
that person.
4. Notwithstanding Paragraph B.3., when this
Coverage Form and any other Coverage
Form or policy providing liability coverage
apply to a power unit and any connected
"trailer" or "trailers" and:
a. One provides coverage to a Named
Insured engaged in the business of
transporting property by "auto" for hire;
and
b. The other provides coverage to a Named
Insured not engaged in that business; and
c. At the time of an "accident", a power unit
is being operated by a person insured
under the Coverage Form or policy
described in Paragraph 4.a., then that
Coverage Form or policy is primary for
both the power unit and any connected
"trailer" or "trailers" and the Coverage
Form or policy described in Paragraph
4.b. is excess over any other coverage
available to such power unit and attached
"trailer" or "trailers".
C. As used in this endorsement:
"Commercial vehicle" means an "auto" subject
to registration or identification under California
law which is:
1. Used or maintained for the transportation of
persons for hire, compensation or profit;
2. Designed, used or maintained primarily for
the transportation of property; or
3. Leased for a period of six months or more.
AWFH777635