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HomeMy WebLinkAboutCUSA PCSTC, LLC dba Coach America - 2011-05-16Council/Agency Meeting Held: 430 Deferred/Continued to: AApprov d Condi y A proved ❑Denied Cat eSign4ure CI rfs Council Meeting Date: May 16, 2011 Department ID Number: ED 11-18 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Stanley Smalewitz, Director of Economic Development SUBJECT: Authorize execution of Shuttle Services Agreement with CUSA PCSTC, LLC, dba Coach America, to provide shuttle services for the 2011 Surf City Downtown Shuttle Program Statement of Issue: Authorize execution of Shuttle Services Agreement with Coach America to provide shuttle services for the 2011 Surf City Downtown Shuttle Program scheduled to begin June 14, 2011. Financial Impact: The Shuttle Services Agreement will be funded by AQMD grant funds available in account 20185201.64520. Recommended Action: Motion to: A) Authorize the City Manager to execute the Shuttle Services Agreement between the City and CUSA PCSTC, LLC, dba Coach America, that has been approved to form by the City Attorney. B) Authorize the City Manager, or his designee, to execute any other related documents to the Shuttle Services Agreement. Alternative Action(s): Do not approve the Agreement and/or direct staff accordingly. H -37- Item 4. - 1 REQUEST FOR COUNCIL ACTION MEETING DATE: 5/16/2011 DEPARTMENT ID NUMBER: ED 11-18 Analysis: In summer 2010, the Huntington Beach Economic Development Department launched the Surf City Downtown Shuttle Program. The Shuttle operated on weekends from May 22 through September 6 on a 3.5 mile loop, transporting passengers from the Huntington Beach Civic Center parking lot to two (2) stops in Downtown Huntington Beach at Main Street and Orange Avenue and on 5th Street outside the Shorebreak Hotel. The Shuttle Program was a success as more than 4,600 passengers utilized the service and the City received positive feedback from local residents. On February 16, 2011, the Economic Development Department issued a request for proposals seeking qualified shuttle operators to service the 2011 Surf City Downtown Shuttle Program. Seven proposals were received. After completing an evaluation process, City staff selected Coach America as the preferred shuttle operator and requests that the City Manager be authorized to execute all related service agreement documents. Coach America shall provide all shuttles, labor, supervision, and all other necessary items needed to operate a high -quality, professional, shuttle service. Service highlights include the following: • Contract Amount: Shuttle operations shall be billed based on an hourly rate of $58.90 per shuttle hour. The not to exceed contract amount is $31,500. • Dates of Operation: Summer of 2011 — Tuesday evenings and weekends from June 14-September 51 including Labor Day (September 5), but excluding July 4. • Time of Operation: Shuttles will be available to operate between 5:30 pm - 10:00 pm on Tuesday evenings and from 10:00 am — 10.00 pm on weekends; hours may be reduced based on user demand. • Remote Lot Location: Huntington Beach City Hall parking lot, consisting of approximately 350 available spaces, located at 2000 Main Street, Huntington Beach, CA. • Vehicles: Vintage -style red trolleys seating 25-35 passengers will be used for the 2011 Program. Three of the four vehicles proposed for rotation throughout the summer are operated by fuel -efficient propane, and the other, by diesel. Vehicles will be identified by signage to be included on the sides and back window. • Shuttle Routes and Stops: The proposed route is a 3.5 mile continuous loop, originating at City Hall and stopping at the northeast corner of Main Street and Orange Avenue, and on 5th Street at or near the valet parking stop for the Shorebreak Hotel. © Level of Service: Civic Center pickups shall occur approximately every 30 minutes, on the hour and half hour. The City shall reserve the right to alter pickup frequency/occurrences. On the US Open event weekends and during other street closures, Shuttles will stop only at Main Street and Orange Avenue on a continuous loop, which may or may not equal 30 minutes. • Number of shuttles: During standard Tuesday evening/weekend operating conditions, one (1) shuttle shall be available for service. During holiday and US Open weekends, up to four (4) simultaneously -operating shuttles will be available for service. Item 4. - 2 HB -- REQUEST FOR COUNCIL ACTION MEETING DATE: 5/16/2011 DEPARTMENT ID NUMBER: ED 11-18 Rider Cost: Free of charge so no cash handling and accounting will be required by the operator. ADA Accessibility: Shuttles will be ADA accessible and comply with all ADA state, county, and local requirements. Funding for the Surf City Downtown Shuttle is provided by Air Quality Management District grant funding in the amount of $35,000. Program operation is anticipated to cost $31,500. Advertising for the Shuttle and the Surf City Bike Valet Program will be combined wherever possible to maximize available resources. The Economic Development Committee reviewed the program at its May 9 meeting and recommended approval of the vendor and its insurance coverage. Environmental Status: N/A Strategic Plan Goal: Enhance Economic Development Attachment(s): HB -39- Item 4. - 3 SHUTTLE SERVICES AGREEMENT THIS AGREEMENT, made and entered into this day of P)4V , 2011 by and between CUSA PCSTC, LLC, dba Coach America (hereinafter "Contractor"), and the City of Huntington Beach a charter city and municipal corporation of the State of California (hereinafter "City"). RECITALS A. The City desires to provide shuttle services for visitors to City's Summer 2011 Surf City Events; and B. City desires to retain a Contractor having special skill and knowledge in the operation of shuttle services; and C. Contractor represents that Contractor is able and willing to provide such services to the City; and D. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: I. SCOPE OF SERVICES Contractor will provide shuttle services as identified in Exhibit A -Scope of Services which is attached hereto and incorporated by this reference. 2. COMPENSATION a. City agrees to pay, and Contractor agrees to accept as total payment for its services rendered under this Agreement, a sum not to exceed $32,000 during the term of this Agreement. b. Contractor may submit biweekly invoices but must submit documentation, such as driver's log, showing the actual times and hours worked by the shuttle drivers and hours of actual operation. C. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on May �, 2011 and terminate September 6, 2011, unless terminated earlier in accordance with Section 12, below. 11-2883/63143 4. INDEPENDENT CONTRACTOR Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. INSURANCE a. Workers' Compensation and Employer's Liability Insurance. Pursuant to California Labor Code Section 1861, Contractor acknowledges awareness of Section 3700 et seq. of this Code, which requires every employer to be insured against liability for workers' compensation; Contractor covenants that it will comply with such provisions prior to commencing performance of the work hereunder. Contractor shall obtain and furnish to City workers' compensation and employer's liability insurance in an amount of not less than the State statutory limits. Contractor shall require all subcontractors to provide such workers' compensation and employer's liability insurance for all of the subcontractors' employees. Contractor shall furnish to City a certificate of waiver of subrogation under the terms of the workers' compensation and employer's liability insurance and Contractor shall similarly require all subcontractors to waive subrogation. b. General Liability Insurance. In addition to the workers' compensation and employer's liability insurance and Contractor's covenant to defend, hold harmless and indemnify City, Contractor shall obtain and furnish to City, a policy of general public liability insurance, including motor vehicle coverage covering the Project/Service. This policy shall indemnify Contractor, its officers, employees and agents while acting within the scope of their duties, against any and all claims arising out or in connection with the Project/Service, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of One Million Dollars ($1,000,000) per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than One Million Dollars ($1,000,000) for this Project/Service. This policy shall name City, its officers, elected or appointed officials, employees, agents, and volunteers, and Coach America and the Downtown Business Improvement District as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to the Project/Service shall be deemed excess coverage and that Contractor's insurance shall be primary. If the Contractor maintains higher limits than the minimum requirement, the City requires and shall be entitled to coverage for the higher limits maintained by the Contractor. 11-2883/63143 2 C. Certificates Of Insurance, Additional Insured Endorsements. Prior to commencing performance of the work hereunder, Contractor shall furnish to City certificates of insurance subject to approval of the City's Attorney evidencing the foregoing insurance coverages as required by this Agreement; the certificates shall: 1. provide the name and policy number of each carrier and policy; 2. state that the policy is currently in force; and 3. promise to provide that such policies will not be canceled or modified without thirty (30) days' prior written notice of City. Contractor shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by City. The requirement for carrying the foregoing insurance coverages shall not derogate from the Contractor's defense, hold harmless and indemnification obligations as set forth under this Agreement. City or its representative shall at all times have the right to demand the original or a copy of all the policies of insurance. Contractor shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. Contractor shall provide a separate copy of the additional insured endorsement to each of Contractor's insurance policies, naming City, its officers, elected and appointed officials, employees, agents and volunteers, and, Coach America and the Downtown Business Improvement District as Additional Insureds, to the City Attorney for approval prior to any payment hereunder. 6. INDEMNIFICATION Contractor hereby agrees to protect, defend, indemnify and hold harmless City, its officers, elected or appointed officials, employees, agents, and volunteers from and against any and all, claims, damages, losses, expenses, judgments, demands defense costs, and consequential damage or liability of any kind or nature, however caused, including those resulting from death or injury to Contractor's employees and damage to Contractor's property, arising directly or indirectly out of the obligations or operations herein undertaken by Contractor, caused in whole or in part by any negligent act or omission of the Contractor, any subcontractors, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, including but not limited to concurrent active or passive negligence, except where caused by the active negligence, sole negligence, or willful misconduct of the City. Contractor will conduct all defense at its sole cost and expense and City shall approve selection of Contractor's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Contractor. i. CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to 11-2883/63143 3 exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City. 8. CON>FLICT OF INTEREST CLAUSE Contractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 9. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: To Contractor: City of Huntington Beach CUSA PCSTC, LLC, Attn: Director of Economic Devel. dba Coach America P.O. Box 190, 2000 Main Street Attn: Shane Khajavi, Divisional Manager Huntington Beach, CA 92648 2001 South Manchester Avenue Anaheim, CA 92802 A party may change its address by giving notice in writing to the other party. Thereafter, any notice, tender, demand, delivery, or other communication shall be addressed and transmitted to the new address. If sent by mail, any notice, tender, demand, delivery, or other communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, any notice, tender, demand, delivery, or other communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 10. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument 11-2983/63143 4 signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, that terms and conditions hereof, shall not bind or obligate Contractor nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 11. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Contractors retained by City. 12. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, City may require Contractor to deliver all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 13. DISCRIMINATION Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. JURISDICTION - VENUE This Agreement and all questions relating to its validity, interpretation, performance, and enforcement shall be government and construed in accordance with the laws of the State of California. This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 11-2883/63143 5 15. PROFESSIONAL LICENSES Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Huntington Beach and all other governmental agencies. Contractor shall notify the City immediately and in writing of her inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 16. SIGNATORIES Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. CUSA PC TC ;,eCoac America A By. -C print name ITS: (circle one) Chairman/Presiden ice President ANI) By: ITS: (circle Officer/Asst. - Treasurer Financial CITY OF HUNTINGTON BEACH, a municipal corporation of the State of INITIATED AND A RO ED Director of E 'c Development APPROVED AS TO FORM: � rQ, City Attorney to 5l t\W 11-2883/63143 6 City of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ www.huntingtonbeachca.gov Office of the City Clerk Joan L. Flynn, City Clerk May 24, 2011 CUSA PCSTC, LLC, dba Coach America Attn: Shane Khajavi, Divisional Manager 2001 South Manchester Avenue Anaheim, CA 92802 Dear Mr. Khajavi: Enclosed for your records is a fully executed copy of the Shuttle Services Agreement between the City of Huntington Beach and CUSA PCSTC, LLC dba Coach America for the 2011 Surf City Downtown Shuttle Program. Sincerely, an L. Flynn, CIVIC City Clerk JF:pe Enclosure G:followup:agrmtltr Sister Cities: Anjo, Japan ♦ Waitakere, New Zealand ACar>R"� CERTIFICATE ®F LIABILITY INSURANCE �..- DATE 12011 MlYY) OS126/2011 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must 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). PRODUCER Marsh USA Inc. 1000 Main Street, Suite 3000 CONTACT NAME: FAX AHC No Ext • A/C No): E-MAIL ADDRESS: Houston, TX 77002 PRODUCER CUSTOMERI #: INSURER(S) AFFORDING COVERAGE NAIC # 016276--DEDUC-10-11 INSURED INSURER A : National Union Fire Ins Cc Pittsburgh PA 19445 CUSA PCSTC, LLC d/b/a Pacific Coast Sightseeing Tours and Charters 2001 South Manchester Avenue INSURER B New Hampshire Insurance Company 23841 INSURER C : Lexington Insurance Company 19437 Anaheim, CA 92802 INSURER D :NIA NIA INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: HOU-001789344-20 REVISION NUMBER: 31 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DD/YYW LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE L:fl OCCUR GL 1738141 09/16/2010 09/16/2011 DAMAGE TO RENTED PREMISES Ea occurrence $ 1,000,000 MED EXP (Any one person) $ EXCLUDED PERSONAL & ADV INJURY $ 1,000,000 X $1,000,000 Deductible GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS - COMP/OP AGG $ 1,000,000 X POLICY PRO-- JECTLOC $ A AUTOMOBILE X LIABILITY ANY AUTO CA 9798679 09/16/2010 09/16/2011 COMBINED SINGLE LIMIT (Ea accident) $ 5,000,000 BODILY INJURY (Per person) $ ALL OWNED AUTOS BODILY INJURY(Peraccident) $ X SCHEDULED AUTOS HIRED AUTOS PROPERTY DAMAGE (Per accident) $ $ X NON-OWNEDAUTOS X $ $5,000,000 Deductible A X UMBRELLA LAB EXCESS LAB15972526 X OCCUR CLAIMS -MADE 09/16/2010 09/16/2011 EACH OCCURRENCE $ 25,000,000 AGGREGATE $ 25,000,000 DEDUCTIBLE $ $ RETENTION $ B B B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE � (MandaOFFICEtory in H) EXCLUDED (Mandatory in NH) N r A WC 3715758 WC 3715756 (California) WC 20876649/16/2010 (Florida)( ) 09/16/2010 09I16/2010 09/16/2011 09/16/2011 09/16/2011 X STATU- TWC RY LIMITS R EER E L EACH ACCIDENT $ 1,000,000 E L DISEASE - EA EMPLOYEE $ 1,000,000 B If yes, describe under DESCRIP7ION OF OPERATIONS below WC 1212934 Texas (Texas) 09/16/2010 09/16/2011 E.L. DISEASE - POLICY LIMIT $ 1,000,000 B Workers' WC 2087663 (Wisconsin) 09/16/2010 09/16/2011 See Above Limits Comp./Employers' Liab. DESCRIPTION OF OPERATIONS ( LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) The City of Huntington Beach, its officers, elected or appointed officials, employees, agents and volunteers are included as Additional Insured as respects all policies (except Workers' Compensation), as required by written contract, but only for liability arising out of the operations of the Named Insured. The General Liability policy is Primary and Non -Contributory over any existing insurance and limited to liability arising out of the operations of the Named Insured and where required by written contract. Policies will not be cancelled without 30 day notice (10 days for non-payment) to the below certificate holder. Employers Liability deductible is $1,000,000. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE The City of Huntington Beach 2000 Main Street THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Huntington Beach, CA 92648 AUTHORIZED REPRESENTATIVE of Marsh USA Inc. John T. Riedel �_ V, ©1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25 (2009/09) The ACORD name and logo are registered marks of ACORD ADDITIONAL INFORMATION HOU-001789344-20 DATE(MM,DD/YY) 05/26/2011 PRODUCER Marsh USA Inc. 1000 Main Street, Suite 3000 Houston, TX 77002 016276--DEDUC-10-11 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER G CUSA PCSTC, LLC d/b/a Pacific Coast Sightseeing Tours and Charters INSURER H 2001 South Manchester Avenue INSURER I Anaheim, CA 92802 INSURER J' TEXT Other Policy Covers Excess Auto Liab, Policy Details Insr Ltr: C Policy Number: 043732409 Eff. Dt, 09/16/2010 Exp. Dt. 09116/2011 Limits Auto Umit/Excess Auto: 5,000,000 To the extent the Insured maintains excess insurance in amounts greater than are shown on this Certificate, the Named Additional Insured shall be entitled to coverage at such higher limits. CERTIFICATE HOLDER The City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 of Marsh USA Inc. John T. Riedel . ; Page"2„ —,TA-- $� ENDORSEMENT This endorsement, effective 12*01 A.M. 09/16/2010 forms a part of policy No. CA 979-86-79 issued to Coach America Holdings, Inc. by National Union Fire Insurance Company of Pittsburg PA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - WHERE REQUIRED UNDER CONTRACT OR AGREEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM SCHEDULE The City of Huntington Beach, its officers, elected or appointed officials, employees, agents and volunteers Section II - Liability Coverage, A. - Coverage, 1. - Who is An Insured, is amended to add: d. Any person or organization, shown in the schedule above, to whom you become obligated to include as an additional insured under this policy, as a result of any contract or agreement you enter into which requires you to furnish insurance to that person or organization of the type provided by this policy, but only with respect to liability arising out of use of a covered "auto". However, the insurance provided will not exceed the lesser of: (1) The coverage and/or limits of this policy, or (2) The coverage and/or limits required by said contract or agreement. 61710 (1M4) POLICY NUMBER: GL 173-81-41 COMMERCIAL GENERAL LIABILITY CG20260704 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON DR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) City of Huntington Beach, its officers, elected or appointed officials, employees, agents and volunteers Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but 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: A. In the performance of your ongoing operations; or B. In connection with your premises owned by or rented to you. CG 20 26 07 04 @ ISO Properties, Inc, 2004 Page 1 of 1