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HomeMy WebLinkAboutCircuit Transit, Inc. - 2021-07-12 AMENDMENT NO. 4 TO SERVICE AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND CIRCUIT TRANSIT,INC. FOR DOWNTOWN SHUTTLE SERVICES THIS AMENDMENT is made and entered into by and between the CITY OF HUNTINGTON BEACH,a California municipal corporation,hereinafter referred to as "City,"and CIRCUIT TRANSIT,INC., a Florida Corporation,hereinafter referred to as "Contractor." WHEREAS, City and Contractor are parties to that certain agreement,dated July 12,2021,entitled"Service Agreement Between the City of Huntington Beach and Circuit Transit,Inc.for Downtown Shuttle Services"which agreement shall hereinafter be referred to as the"Original Agreement"; and City and Contractor wish to amend the Original Agreement to increase the amount of compensation to be paid to Contractor, NOW,THEREFORE,it is agreed by City and Contractor as follows: 1. ADDITIONAL COMPENSATION In consideration of the services to be performed under the Original Agreement, City agrees to pay Contractor at the rates specified in Exhibit B which is attached hereto and incorporated by reference into this Agreement. City further agrees to pay Contractor an additional sum not to exceed Sixty Thousand Dollars($60,000.00). The additional sum shall be added to the original sum of Eight Hundred Eight Thousand Nine Dollars($808,009.00),for a new contract amount not to exceed Eight Hundred Sixty Eight Thousand Nine Dollars($868,009.00). 23-13553/320605 1 2. TERM The term of the Agreement is extended to December 31,2023. 3. REAFFIRMATION Except as specifically modified herein, all other terms and conditions for the Original Agreement shall remain in full force and effect. IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed by and through their authorized officers on August 31 , 2023. CIRCUIT TRANSIT, INC. CITY OF HUNTINGTON BEACH, a — municipal corporation-6f fhe Slate California l By: baniel c print name ITS: (circle one)Chairman/President6e President City Man AND 1 ! .. 94W417,14-4,4) City Clerk 1%//5/ %"' By: INITIATED AND P OVED: print name ITS:(circle one)Secretary/Chief Financial Officer/Asst.Secretary-Treasurer Director of Public Works APPROVE O FORM: Ci Attorney 23-13553/320605 2 AMENDMENT NO. 3 TO SERVICE AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND CIRCUIT TRANSIT, INC. FOR DOWNTOWN SHUTTLE SERVICES THIS AMENDMENT is made and entered into by and between the CITY OF HUNTINGTON BEACH, a California municipal corporation, hereinafter referred to as "City," and CIRCUIT TRANSIT, INC., a Florida Corporation, hereinafter referred to as "Contractor." WHEREAS, City and Contractor are parties to that certain agreement, dated July 12, 2021, entitled"Service Agreement Between the City of Huntington Beach and Circuit Transit, Inc. for Downtown Shuttle Services"which agreement shall hereinafter be referred to as the"Original Agreement"; and City and Contractor wish to amend the Original Agreement to increase the amount of compensation to be paid to Contractor, NOW, THEREFORE, it is agreed by City and Contractor as follows: 1. ADDITIONAL COMPENSATION In consideration of the services to be performed under the Original Agreement, City agrees to pay Contractor at the rates specified in Exhibit B which is attached hereto and incorporated by reference into this Agreement. City further agrees to pay Contractor an additional sum not to exceed Fifteen Thousand Dollars ($15,000.00). The additional sum shall be added to the original sum of Seven Hundred Ninety Three Thousand Dollars ($793,009.00), for a new contract amount not to exceed Eight Hundred Eight Thousand Nine Dollars ($808,009.00). 23-12981/313707 1 2. TERM The term of the Agreement is extended to August 31,2023. 3. REAFFIRMATION Except as specifically modified herein,all other terms and conditions for the Original Agreement shall remain in full force and effect. IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed by and through their authorized officers on J U n e 29 ,2023. CIRCUIT TRANSIT,INC. CITY OF HUNTINGTON BEACH,a municipal corporation of the State of California By: print name ITS: (circle one)Chairman/Presideze ice President City Manager AND City Clerk By: INITIATED AND APPROVED: print name ITS:(circle one)Secretary/Chief Financial Officer/Asst.Secretary-Treasurer Director of Public Works �'.j APPROVED . FORM: C Gq COUNTERPART ,0/''� 1 Ci'" Attorney fl 23-12981/313707 2 2. TERM The term of the Agreement is extended to August 31, 2023. 3. REAFFIRMATION Except as specifically modified herein, all other terms and conditions for the Original Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers on JU t)d! , 2023. CIRCUIT TRANSIT, INC. CITY OF HUNTINGTON BEACH, a municipal corporation of the State of Calif° 'a By: print name ITS: (circle one)Chairman/PresidentNice President City Mana AND City Cl3/.z��z. By: III APPROVED: print name ITS: (circle one) Secretary/Chief Financial Officer/Asst. Secretary-Treasurer D1 ector o Pub is Works APPROVED '`-4 FORM: Of COUNTERPART �� Ci Attorney 23-12981/313707 2 EXHIBIT B COST&SCHEDULE City will implement the following fee schedule during the extension of the pilot program. The terms and conditions of this fee schedule shall be as follows starting July 1, 2023: Huntington Beach Downtown Shuttle Service Month Number of vehicles Hours of Service Cost JUL 2023 4 active vehicles 195 weekly hours $30,354.00 AUG 2023 4 active vehicles 195 weekly hours $30,354.00 Total $60,708.00* HOURS OF OPERATION Monday-Thursday: 12pm-9pm Friday-Saturday: 10am-10pm Sunday: 10am-9pm Pursuant to Exhibit C of the original contract, Circuit will sell space on the exterior and/or interior of the vehicles to generate revenue to partially finance the cost of this contract with prior approval from city staff. Circuit will implement a per passenger fare at their discretion. The starting fee will be $3 for the first passenger, and $2 for additional passengers with a cap of$7 per trip. All terms and conditions stated in the original contract will remain the same for the new dates of this agreement extension. *Maximum cost to City for services rendered for July and August 2023 to be $7,500 per month. Remainder of costs to be absorbed by Circuit Transit, Inc. • ���® DATE(MMIDONYYY) , C CERTIFICATE OF LIABILITY INSURANCE 7/1 MmDIY /2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(les)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 CONTACT Insurance Office of America, Inc. PHONE Beverly Weed FAX 1855 West State Road 434 (A/C.No.Ext3:407-998-5691 (A/C.Nol:407-788-7933 Longwood FL 32750 ADDRlEss: Beveriy.Weed@ioausa.com INSURER(S)AFFORDING COVERAGE NAM# INSURER A:Insurance Company of the West 27847 INSURED JAMJINC-01 INSURERS:United States Fire Insurance Company 21113 Circuit Transit, Inc. 501 E Las Olas Blvd,Suite 300 INSURER C:North River Insurance Company 21105 Fort Lauderdale FL 33301 INSURER D:Great American Insurance Company 16691 INSURER E:Oxford Insurance Company NC LLC 16817 INSURER F: COVERAGES CERTIFICATE NUMBER:1364443291 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSRP L TYPE OF INSURANCE INSD SUM POLICY NUMBER (MM/DDY/YYYYI (MM POLICY LIMITS B X COMMERCIAL GENERAL LIABILITY Y Y 543-233072-7 6/11/2023 6/11/2024 EACH OCCURRENCE $1,000,000 DAMAGE TO RENTED CLAIMS-MADE X OCCUR PREMISES(Ea occurrence) $100,000 MED EXP(Any one person) $10,000 PERSONAL&ADV INJURY $1,000,000 GEM.AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY jECT X LOC PRODUCTS-COMP/OP AGO $2,000,000 OTHER: $ B AUTOMOBILE LIABILITY Y Y 133-754726-7 6/11/2023 6/11/2024 COMBINED SINGLE LIMIT $ (Ea accident) 1.000.000 X ANY AUTO BODILY INJURY(Per person) $ — ALL OWNED — SCHEDULED AUTOS BODILY INJURY(Per accident) $ X HIRED- I SAUTOS X NON-OWNED (PerracoldenIDAMAGE $ $ C X UMBRELLA LIAB OCCUR 582-121495-8 6/11/2023 6/11/2024 EACH OCCURRENCE $5,000,000 - EXCESS UAB CLAIMS-MADE AGGREGATE $5,000,000 DED RETENTION$ $ A WORKERS COMPENSATION Y WFL504672504 3/1/2023 3/1/2024 X STATUTE TH AND EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N N/A E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory In NH} E.L.DISEASE-EA EMPLOYEE $1,000,000 Dyes,describe under DESCRIPTION OF OPERATIONS below EL DISEASE-POLICY LIMIT $1,000,000 D Crime/Employee Theft SAA E701800 02 00 6/1312023 6/13/2024 Limit of Coverage 1,000,000 E Umbrella over Auto 579-23-NC 6/11/2023 e/11/2024 Each Occurrence 4,000,000 Aggregate 4,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space i crab)VED AS TO FORM Professional Liability/Errors&Omissions-Houston Casualty Company Policy Number H21TG31246-01 -Effective 9/9/22-9/9/23Limit: �Y� -$2,000,000-Aggregate-$3,000,000 MICHAEL E.GATES ��-�'I Deductible-$15,000 lJ Sexual Abuse&Misconduct Liability-Underwriters at Lloyd's,London CITY ATTORNEY Policy Number:ME05144318.23-Effective 06/13/23-06/13/24 CITY OF HUNTINGTON BEACH Limit:$1,000,000-Aggregate-$2,000,000 See Attached... CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. The City of Huntington Beach 2000 Main Street AUTHORIZED REPRESENTATIVE Huntington Beach CA 92648 `/ I i A ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: JAMJINC-01 LOC#: A`R ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY NAMED INSURED Insurance Office of America,Inc. Circuit Transit,Inc. 501 E Las Olas Blvd,Suite 300 POLICY NUMBER Fort Lauderdale FL 33301 CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE Retention:$10,000 Certificate Holder is Additional Insured with regard to General Liability and Auto Liability on a Primary and Non-Contributory basis as required by written contract or agreement.A Waiver of Subrogation in favor of the Certificate Holder applies with regard to General Liability,Auto Liability and Workers Compensation as required by written contract or agreement. ' City of Huntington Beach,its officers,elected or appointed officials,employees,agents and volunteers are named additional insured with regard to general liability and auto liability,on a primary and non-contributory basis as required by written contract as their interest may appear. ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and loan are reaistered marks of ACORD POLICY NUMBER: 5432330727 COMMERCIAL GENERAL LIABILITY CG 20 26 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies.Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s)Or Organizatlon(s): CITY OF HUNTINGTON BEACH, ITS OFFICERS, ELECTED OR APPOINTED OFFICIALS, EMPLOYEES,AGENTS AND VOLUNTEERS 2000 MAIN STREET HUNTINGTON BEACH CA 92648 Information required to complete this Schedule,if not shown above,will be shown in the Declarations. A. Section II — Who Is An Insured Is amended to B. With respect to the Insurance afforded to these Include as an additional insured the person(s) or additional insureds, the following Is added to organizations) shown In the Schedule, but only Section III—Limits Of Insurance: with respect to liability for"bodily Injury", "property If coverage provided to the additional Insured is damage' or "personal and advertising injury" required by a contract or agreement, the most we caused, in whole or In part, by your acts or will pay on behalf of the additional insured Is the omissions or the acts or omissions of those acting amount of insurance: on your behalf: 1. Required by the contract or agreement;or 1. In the performance of your ongoing operations;or 2. Available under the applicable limits of 2. in connection with your premises owned by or insurance; rented to you. whichever is less. However: This endorsement shall not increase the 1. The insurance afforded to such additional applicable limits of insurance. insured only applies to the extent permitted by law;and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 26 12 19 ©Insurance Services Office, Inc.,2018 Page 1 of 1 . Policy Number 33 CRUM 5432330727 •••• Tea SCHEDULE OF FORMS AND ENDORSEMENTS UNITED STATES FIRE INSURANCE COMPANY Named Insured CIRCUIT TRANSIT INC Effective Date: 06-11--2023 12:01 A.M., Standard Time Agent Name INSURANCE OFFICE OF AMERICA Agent No. 80643 COMMON POLICY FORMS AND ENDORSEMENTS MI 02 051 10-18 THIRD PARTY NOTICE OF CANCEL OR NONRENEW MI 40 001 12-15 TEXAS LOSS CONTROL SERVICES IL P 001 01-04 US TREASURY DEPT'S OFAC ADVISORY NOTICE IL 09 85 12-20 DISCLOSURE PURSUANT TERROR RISK INS ACT FM 206.0 . 6 10-13 COMMON POLICY DECLARATION FM 206.0.2 04-94 SCHEDULE OF FORMS AND ENDORSEMENTS FM 206. 0.1 04-94 SCHEDULE OF NAMED INSUREDS FM 206 . 0 .3 04-94 SCHEDULE OF LOCATIONS IL 00 17 11-98 COMMON POLICY CONDITIONS FM 206.0 .8 04-94 SCHEDULE OF TAXES, SURCHARGES OR FEES IL 00 21 09-08 . NUCLEAR ENERGY LIABILITY EXCLUSION ENDT IL 00 23 07-02 NUCLEAR ENERGY LIABILITY EXCLUSION ENDT MI 07 001 01-21 SIGNATURE PAGE - US FIRE IL 01 41 09-08 NEW JERSEY CHANGES - CIVIL UNION IL 01 68 03-12 TEXAS CHANGES-DUTIES IL 02 68 01-14 NEW YORK CHANGES-CANC & NONRENL IL 02 75 11-13 TEXAS CHANGES-CANC & NONRENL FM 108. 0.816 06-07 FLORIDA POLICYHOLDER LOSS CONTROL NOTICE GENERAL LIABILITY FORMS AND ENDORSEMENTS MG 21 034 01-22 EXCL - CYBER (INCL BIO DATA) CG 21 32 05-09 COMMUNICABLE DISEASE EXCLUSION FM 101.0.2798 06-12 GL DEDUCTIBLE END (ALAE INSIDE DEDUCT) FM 101.0.1404 07-01 COMM GL COV PART SUPP DECLARATION FM 101.0.1405 04-94 COMM GL COV PART SUPP DECLARATION CG 01 04 12-04 NEW YORK CHANGES - PREMIUM AUDIT CG 01 63 04-17 NY CHGS - COMMERCIAL GEN LIAB COV FORM CG 02 20 03-12 FL CHANGES - CANCELLATION & NONRENEWAL CG 26 20 10-93 NJ CHANGES - LOSS INFORMATION CG 26 21 10-91 NY CHANGES - TRANSFER OF DUTIES CG 00 01 04-13 COMMERCIAL GENERAL LIABILITY COV FORM CG 20 10 12-19 ADDL INSD - OWNERS/LESSEES/CONTRACTORS CG 21 47 12-07 EMPLOYMENT-RELATED PRACTICES EXCLUSION CG 21 55 09-99 TOTAL POLLUTION EXCL. WITH HOSTILE FIRE CG 21 70 01-15 CAP LOSSES FROM CERTIF ACTS OF TERRORISM FM 101.0 .1206. : ...:.....:::.. 01-11 . . GENERAL LIABILITY ENHANCEMENT END FM 101.0. 1252 10-05 ABSOLUTE ASBESTOS EXCLUSION FM 101. 0.2066 09-02 CROSS LIABILITY EXCLUSION FM 101.0.2167 05-04 ABSOLUTE SILICA EXCLUSION CG 24 04 12-19 WAIVER OF TRANSFER RIGHTS OF RECOVERY CG 21 46 07-98 ABUSE OR MOLESTATION EXCLUSION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. GENERAL LIABILITY ENHANCEMENT ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE 'I. Expected Or Intended Injury 14. Newly Acquired Organizations 2. Amended Defense Coverage For indemnitees 15. Additional Insureds By Written Contract 3. Non-Owned Watercraft 16 Additional insured—Lessors of Leased Equipment Additional Insured—State Or Governmental 4. Non-Owned Aircraft 17. Agency Or Subdivision Or Political Subdivision —Permits Or Authorizations 5 Property Damage Liability—Borrowed 18. Additional Insured —Vendors Equipment 6. Property Damage Liability—Elevators 19. Broad Knowledge/ Notice Of Occurrence Waiver Of Transfer Of Rights of Recovery 7. Damage To Premises Rented To You 20. Against Others To Us 8 Contractual Liability For Personal And 21. Unintentional Failure To Disclose Hazards Advertising Injury 9. Medical Payments 22. Mental Anguish, Mental Injury Or Humiliation 10. Supplementary Payments 23. Mobile Equipment 11. Broad Form Named Insured 24. Waiver Of Sovereign Immunity 12. Fellow Employee Coverage 25. Liberalization Clause 13. Incidental Medical Malpractice Liability 26. Application Of This Endorsement FM 101.0.1206 01 11 Page 1 of 10 Includes copyrighted material of Insurance Service Office, Inc.with its permission. 1. Expected Or Intended Injury Exclusion a.Expected Or Intended Injury under Section I-Coverage A-Bodily Injury And Property Damage Liability is hereby deleted and replaced by the following: "Bodily Injury"or"property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to"bodily injury"or"property damage"resulting from the use of reasonable force to protect persons or property. 2. Amended Defense Coverage For Indemnitees Supplementary Payments-Coverages A and B is amended as follows: Paragraph 2.d.under Section I-Supplementary Payments-Coverages A and B is hereby deleted. Paragraph 2.e. under Section I-Supplementary Payments-Coverages A and B is hereby deleted and replaced by the following: The indemnitee and the insured ask us to conduct and control the defense of that indemnitee against such "suit". In the event we agree a conflict exists between the interests of the insured and the interests of the indemnitee,we will select and assign separate defense counsel for the indemnitee and pay reasonable attorney fees and necessary litigation expenses; and 3. Non-Owned Watercraft Paragraph (2)(a)of Exclusion g.Aircraft,Auto Or Watercraft under Section I-Coverage A- Bodily Injury And Property Damage Liability is hereby deleted and replaced by the following: (a)Less than 55 feet in overall length; and 4. Non-Owned Aircraft Exclusion g.Aircraft,Auto Or Watercraft under Section I-Coverage A--Bodily Injury And Property Damage Liability does not apply to an aircraft, in which you have no ownership interest, provided: a. It is: (1) Loaned to; (2) Rented by; or (3) Hired or chartered by the insured with a paid and licensed crew; b. It is not being used to carry persons or property for a charge; and FM 101.0.1206 01 11 Page 2 of 10 Includes copyrighted material of Insurance Service Office, Inc.with Its permission. c. The pilot in command holds a currently effective license, issued by the duly constituted authority of the United States of America or Canada, designating him or her as a commercial airline pilot for the particular aircraft being flown. 5. Property Damage Liability—Borrowed Equipment Paragraph (4)of Exclusion J. Damage To Property under Section I —Coverage A Bodily Injury And Property Damage Liability is amended to include the following: This exclusion does not apply to equipment which you borrow from a person or entity, other than an insured, unless the"property damage"occurs while such equipment is being used by an insured at a job site. Subject to all terms of Section III—Limits Of Insurance, the maximum limit in any one "occurrence"is $25,000 subject to an annual aggregate of$50,000 for all"occurrences". The insurance provided by this exception to Exclusion j.(4) as set forth in Paragraph 5.of this General Liability Enhancement Endorsement is excess over any other valid and collectible Insurance available to the insured whether primary, excess (other than insurance written to apply specifically in excess of this policy),contingent or any other basis,that would also apply to the loss covered under this provision. 6. Property Damage Liability— Elevators Exclusion J. Damage To Property under Section I—Coverage A—Bodily Injury And Property Damage Liability is amended to include the following: Paragraphs(3) and (4) of this exclusion do not apply to liability arising out of the use of elevators. The insurance provided by this exception to Exclusions j.(3) and j.(4) as set forth in Paragraph 6.of this General Liability Enhancement Endorsement is excess over any other valid and collectible insurance available to the insured whether primary, excess (other than insurance written to apply specifically in excess of this policy), contingent or any other basis,that would also apply to the loss covered under this provision. 7. Damage To Premises Rented To You a. The last paragraph of 2.Exclusions under Section I —Coverage A—Bodily Injury And Property Damage Liability is hereby deleted and replaced by the following: (1) With respect to damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner, Exclusions c..through n., do not apply. (2) With respect to damage by other than fire to premises while rented to you or temporarily occupied by you with permission of the owner, Exclusions c. through n., except for Exclusion f.,do not apply unless the damage arises out of"your work". A separate limit of insurance applies to the coverage set forth in (1) and (2) above as FM 101.0.1206 01 11 Page 3of10 Includes copyrighted material of Insurance Service Office, Inc.with its permission. described in Section III-Limits Of Insurance. b. Section III-Limits Of Insurance is amended by deleting Paragraph 6.and replacing it with the following: 6. Subject to Paragraph 5. above,the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of"property damage"to any one premises while rented to you or temporarily occupied by you with the permission of the owner. The Damage To Premises Rented To You Limit is the amount set forth in the Declarations or$300,000,whichever is greater. 8. Contractual Liability For Personal And Advertising Injury Exclusion e.Contractual Liability under Section I-Coverage B -Personal And Advertising Injury Liability is amended to add the following after the last sentence:' This exclusion also does not apply to that part of any contract or agreement pertaining to your business under which you assume the"tort liability"of another party to pay for "personal and advertising injury"to a third party or organization, provided the"personal and advertising injury"offense occurs subsequent to the execution of the contractor agreement. For the purposes of this provision,"tort liability"means a liability that would be imposed by law in the absence of any contract or agreement. 9. Medical Payments Section I-Coverage C- Medical Payments is amended to include the following only if Coverage C- Medical Payments is not otherwise excluded from this coverage part: The Medical Payments Limit is changed to the greater of: a. $15,000; or b. The Medical Expense Limit shown in the Declarations of this coverage part. Paragraph 1.a.(3)(b) under Section I -Coverage C- Medical Payments is hereby deleted and replaced by the following: The expenses are incurred and reported to us within three years of the date of the accident; and 10. Supplementary Payments Supplementary Payments - Coverages A and B under Section I-Coverages is amended as follows: a. The ball bonds limit shown in Paragraph 1.b. is increased from $250 to $2,500. b. The actual loss of earnings limit shown In Paragraph 1.d. Is increased from$250 to $1,000. FM 101.0.1206 01 11 Page 4 of 10 Includes copyrighted material of Insurance Service Office, Inc.with its permission. 11. Broad Form Named Insured Paragraph 1.d. under Section Il—Who Is An Insured is amended to include the following: If you are an organization other than a partnership, limited liability company or Joint venture, any of your subsidiary companies or any company over which you exercise control and actively manage will qualify as an insured only if other valid and collectible insurance does not apply. 12. Fellow Employee Coverage • Paragraph .a.(1)(a) under Section 11—Who Is An Insured is hereby deleted. 13. Incidental Medical Malpractice Liability Paragraph 2.a. (1)(d)under Section II—Who Is An Insured does not apply to"employees" who are employed as nurses or other"employees excluding physicians and medical doctors,who provide incidental health care services within the scope of their employment by you. 14. Newly Acquired Organizations Paragraph 3.a. under Section II —Who Is An Insured is hereby deleted and replaced by the following: a. Coverage under this provision is afforded only until the end of the policy period. 15. Additional Insureds By Written Contract Section 11 --Who Is An Insured is amended to Include as an additional insured, any person or organization whom you are required to add as an additional insured to this policy by written contract or written agreement that is: a. Currently in effect or becoming effective during the term of this policy; and b. Executed prior to the"bodily injury","property damage"or"personal and advertising injury". 1.The insurance provided to the additional insured applies as follows: (a) That person or organization is only an additional insured with respect to liability for"bodily injury", "property damage"or"personal and advertising injury"caused by your negligent acts or omissions at or from: (I) Premises you own, rent, lease or occupy; or (ii) Your ongoing operations performed for the additional insured at the jobsite indicated by the written contract or written agreement. (b) The limits of insurance applicable to the additional insured are those specified in the FM 101.0.120601 11 Page 5of10 Includes copyrighted material of Insurance Service Office, Inc.with its permission. • written contract or written agreement or in the Declarations of this policy,whichever are less. These limits of insurance are inclusive of, and not in addition to, the limits of insurance shown in the Declarations of this policy. 2. If the additional insured is an architect, engineer or surveyor, the insurance provided to the additional insured does not apply to "bodily injury", "property damage"or • "personal and advertising injury"caused by: (a) The rendering of or failure to render any professional services including preparing, approving or failing to prepare or approve maps,drawings, opinions, reports, surveys,change orders,designs or specifications; or (b) Any supervisory, inspection or engineering services. 3. With respect to the insurance afforded these additional insured(s), the following additional exclusion applies: This insurance does not apply to "bodily injury","property damage"or"personal and advertising injury": (a) Occurring after all work(including materials, parts or equipment furnished in connection with such work) on the project(other than service, maintenance or repairs)to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or (b) Occurring after that portion of"your work"out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as part of the same project. Paragraph a. Primary Insurance of Condition 4. Other Insurance under Section IV— Commercial General Liability Conditions is amended by the addition of the following: Regardless of whether other insurance is maintained by an additional Insured on a primary basis, the coverage provided by Paragraph 15.of the General Liability Enhancement Endorsement will be primary to and noncontributing with other insurance maintained by the additional insured if the written contract between you and the additional insured specifically requires that this insurance be primary. 16. Additional Insured—Lessors Of Leased Equipment Section II —Who Is An Insured is amended to include as an additional insured any person or organization from whom you lease equipment and with whom you have agreed to add as an additional insured to this policy by written contract or written agreement but only with respect to "bodily injury", "property damage"or"personal and advertising injury"caused, in whole or in part, by your maintenance, operation or use of the equipment leased to you by such person or organization. With respect to the insurance afforded to these additional insured(s),this insurance does not apply to any"occurrence"which takes place after the equipment lease expires or is FM 101.0.1206 01 11 Page 6 of 10 Includes copyrighted material of Insurance Service Office, Inc.with its permission. terminated. 17. Additional Insured— State.Or Governmental Agency Or Subdivision Or Political Subdivision —Permits Or Authorizations Section II—Who Is An Insured is amended to include as an additional insured any state or governmental agency or subdivision or political subdivision which has issued a permit or authorization to you. a. This applies only with respect to operations performed by you or on your behalf for which the state or governmental agency or subdivision or political subdivision has issued a permit or authorization. b. This insurance does not apply to: (1) "Bodily injury","property damage"or"personal and advertising injury"arising out of operations performed for the state or governmental agency or subdivision or political subdivision; or (2) "Bodily injury"or"property damage"included within the"products-completed operations hazard". 18. Additional Insured—Vendors Section II—Who Is An Insured is amended to include as an additional insured any person or organization (referred to below as vendor)whom you have agreed to add as an additional insured to this policy by written contractor written agreement but only with respect b"bodily injury"or"property damage"arising out of"your products"which are distributed orsold h the regular course of the vendor's business,subject to the following additional exclusions: The insurance afforded the vendor does not apply to: a. "Bodily Injury"or"property damage"for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; b. Any express warranty unauthorized by you; c. Any physical or chemical change in the product made Intentionally by the vendor; d. Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing or the substitution of parts under instructions from the manufacturer,and then repackaged in the original container; e. Any failure to make 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; f. Demonstration, installation,servicing or repair operations, except such operations FM 101.0.1206 01 11 Page 7 of 10 Includes copyrighted material of Insurance Service Office, Inc. with its permission. performed at the vendor's premises in connection with the sale of the product; g. 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; or h. "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: (1) The exceptions contained in subparagraphs d. or f.; or (2) 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. This insurance does not apply to any insured person or organization,from whom or which you have acquired such products, or any ingredient, part or container,entering into, accompanying or containing such products. The coverage afforded the additional insured under this provision will be excess over any valid and collectible insurance available to the additional insured as an additional Insured under a policy issued to a manufacturer or distributor for products manufactured, sold, handled or distributed unless you require that this insurance be primary and non- contributory. 19. Broad Knowledge / Notice Of Occurrence Section IV— Commercial General Liability Conditions is amended to include the following: The requirement in Condition 2.a.,which states that you must see to it that we are notified of any"occurrence"or offense, applies only when the"occurrence"or offense is known to: 1. You, if you are an individual; 2. A partner, if you are a partnership; 3. A member, if you are a joint venture; 4. An "executive officer", manager or supervisor if you are a corporation; or 5. A member, if you are a limited liability company. The requirement in Condition 2.b.,which states that you must see to it that we receive notice of a claim or"suit", will not be considered breached unless the breach occurs after such claim or"suit"is known to: 1. You, if you are an individual; 2. A partner, if you are a partnership; 3. A member, if you are a joint venture; 4. An "executive officer", manager or supervisor if you are a corporation; or 5. A member, if you area limited liability company. If you report an accident to your Workers Compensation insurance carrier which later develops into a claim or"suit"for a liability"occurrence"for coverage which is provided by FM 101.0.120601 11 Page8of 10 Includes copyrighted material of Insurance Service Office, Inc.with its permission. this policy,failure to report such "occurrence"to us at the time of the accident shall not be a violation of the notification of loss condition (Condition 2. Duties In The Event Of Occurrence, Offense,Claim Or Suit`under Section IV—Commercial General Liability Conditions)contained in this policy. It is agreed, however, that you shall give notification of such claim'or"suit"to us as soon as you are made aware of the fact that the particular accident has developed into a claim or"suit". 20. Waiver Of Transfer Of Rights Of Recovery Against Others To Us Condition 8. Transfer Of Rights Of Recovery Against Others To Us under Section IV— Commercial General Liability Conditions is amended to include the following: We waive any right of recovery we may have against a person or organization 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"when you have waived such right of recovery under a written contract with that person or organization. Such written contract must be: a. Currently in effect or becoming effective during the term of this policy; and b. Executed prior to the"bodily injury", "property damage"or"personal and advertising injury" Alternatively, the written contract may be executed after the"bodily injury","property damage"or"personal and advertising injury"but only if: (I) The terms and conditions of the written contract or written agreement had been agreed upon prior to the"bodily injury","property damage"or"personal and advertising injury"; and (II)The insured can definitively establish that the terms and conditions of the written contract or written agreement ultimately executed are the same as those which had been agreed upon prior to the"bodily injury","property damage"or"personal and advertising injury". 21. Unintentional Failure To Disclose Hazards Section IV—Commercial General Liability Conditions is amended to include the following: 9. Unintentional Failure To Disclose Hazards Your unintentional failure to disclose all hazards or prior"occurrences"existing as of the inception date of this policy shall not prejudice the coverage afforded by this policy. 22. Mental Anguish, Mental Injury Or Humiliation The definition of"bodily injury"in Paragraph 3.under Section V— Definitions is hereby deleted and replaced by the following: "Bodily injury"means bodily injury, sickness or disease sustained by a person, including FM 101.0.120601 11 Page 9of10 Includes copyrighted material of Insurance Service Office, Inc.with its permission. mental anguish, mental injury, humiliation or death resulting from any of these at any time. 23. Mobile Equipment Paragraph 12.under Section V- Definitions is amended to include the following: Paragraph f.(1)does not apply to self-propelled vehicles of less than 1,000 pounds gross vehicle weight. 24. Waiver Of Sovereign immunity The following provision applies if you are a"governmental entity"or we have added a "governmental entity"to your policy as an additional insured,and the"governmental entity" requires us to obtain permission prior to asserting a defense involving governmental immunity or the jurisdiction of the tribunal over the"governmental entity": We shall not raise any defense involving, in any way,the jurisdiction of the tribunal over the"governmental entity",the immunity of the"governmental entity"or its commissioners, officers, agents or employees, the governmental nature of such entity, or the provisions of any statutes respecting suits against the"governmental entity" without first obtaining express advance permission from the designated representative of • the"governmental entity". Application of this provision shall not subject us to liability for any portion of a claim or judgment in excess of the applicable limit of insurance. For the purposes of this provision, "governmental entity"means a state, county,district, municipality,town, township, borough, parish,village, or other political subdivision or governmental agency or subdivision. 25. Liberalization Clause If we adopt a change in the coverage form, CG 00 01,which broadens coverage without an additional premium charge, the broader coverage will apply to this policy on the effective date of approval in the state shown in the Named Insured's address in the Declarations of this policy. 26. Application Of This Endorsement The coverage enhancements provided by this endorsement apply to the Commercial General Liability Coverage Part. If your policy includes other endorsements in addition to this General Liability Enhancement Endorsement, and there is a conflict between any of the terms of such endorsement(s) and this General Liability Enhancement Endorsement,the terms of the other endorsement(s)shall be given priority and control over the terms set forth in this General Liability Enhancement Endorsement, even if the terms of such other endorsement(s) have the effect of limiting, excluding or reducing the coverage provided under this General Liability Enhancement Endorsement. All other terms and conditions remain unchanged. FM 101.0.1206 01 11 Page 10 of 10 Includes copyrighted material of Insurance Service Office, Inc. with its permission. AMENDMENT NO. 2 TO SERVICE AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND CIRCUIT TRANSIT, INC. FOR DOWNTOWN SHUTTLE SERVICES THIS AMENDMENT is made and entered into by and between the CITY OF HUNTINGTON BEACH, a California municipal corporation, hereinafter referred to as "City," and CIRCUIT TRANSIT, INC., a Florida Corporation, hereinafter referred to as "Contractor." WHEREAS, City and Contractor are parties to that certain agreement, dated July 12, 2021, entitled"Service Agreement Between the City of Huntington Beach and Circuit Transit, Inc. for Downtown Shuttle Services" which agreement shall hereinafter be referred to as the "Original Agreement"; and City and Contractor wish to amend the Original Agreement to increase the amount of compensation to be paid to Contractor, NOW, THEREFORE, it is agreed by City and Contractor as follows: 1. ADDITIONAL COMPENSATION In consideration of the services to be performed under the Original Agreement, City agrees to pay Contractor at the rates specified in Exhibit B which is attached hereto and incorporated by reference into this Agreement. City further agrees to pay Contractor an additional sum not to exceed Four Hundred Seventy Three Thousand Nine Dollars ($473,009.00). The additional sum shall be added to the original sum of Three Hundred Twenty Thousand Dollars ($320,000.00), for a new contract amount not to exceed Seven Hundred Ninety Three Thousand Nine Dollars ($793,009.00). 22-11543/288353 1 2. TERM The term of the Agreement is extended to June 30, 2023. 3. REAFFIRMATION Except as specifically modified herein, all other terms and conditions for the Original Agreement shall remain in full force and effect. IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed by and through their authorized officers on June 30 , 2022. CIRCUIT TRANSIT, INC. CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California By: print name ITS: (circle one)Chairman/Preside ice Preside City Manager AND By: City Clerk INITIATED AND APPROVED: print name ITS: (circle one)Secretary/Chief Financial Officer/Asst. Secretary-Treasurer Director of Public Works APPROVED AS TO FORM: City Attorney ►1► , i COUNTERPART 22-11543/288353 2 2. TERM The term of the Agreement is extended to June 30, 2023. 3. REAFFIRMATION Except as specifically modified herein, all other terms and conditions for the Original Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers on June 30 , 2022. CIRCUIT TRANSIT, INC. CITY OF HUNTINGTON BEACH, a municipal co ion of the State of liforn' By: print name ITS: (circle one)Chairman/President/Vice President City M AND City Clerk .7y11,2. By: INITIA D AND APP OVED: print name ITS: (circle one) Secretary/Chief Financial Officer/Asst. Secretary-Treasurer Di ctor of Public Wcls APPROVED ity tt- = orney COUNTERPART 22-11543/288353 2 EXHIBIT B COST&SCHEDULE City will implement the following fee schedule during the extension of the pilot program. The terms and conditions of this fee schedule shall be as follows starting July 1,2022: Huntington Beach Downtown Shuttle Service Month Number of vehicles Hours of Service Cast JUL 2022 5 active vehicles 310 weekly hours $46,801.00 AUG 2022 5 active vehicles 310 weekly hours $46,801.00 SEP 2022 5 active vehicles 310 weekly hours $46,801.00 OCT 2022 5 active vehicles 310 weekly hours $46,801.00 NOV 2022 4 active vehicles 248 weekly hours $37,441.00 DEC 2022 4 active vehicles 248 weekly hours $37,441.00 JAN 2023 4 active vehicles 248 weekly hours $37,441.00 FEB 2023 4 active vehicles 248 weekly hours $37,441.00 MAR 2023 4 active vehicles 248 weekly hours $37,441.00 APR 2023 5 active vehicles 310 weekly hours $46,801.00 MAY 2023 5 active vehicles 310 weekly hours $46,801.00 JUNE 2023 5 active vehicles 310 weekly hours $46,801,00 Total $473,009.00 HOURS OF OPERATION Monday-Thursday: 12pm-9pm Friday-Saturday: 10a m-10pm Sunday: 10am-9pm Pursuant to Exhibit C of the original contract,Circuit will sell space on the exterior and/or interior of the vehicles to generate revenue to partially finance the cost of this contract with prior approval from city staff.Advertising revenue share is 50/50 starting after Circuit recoups amount guaranteed in the amount of$123,009.* *Revenue sharing 100%of all revenue from customers fares and addspace will be utilized towards funding the Circuit shuttle program. If the difference between the program cost ($473,009) and the City of Huntington Beach contribution ($350,000) is$123,009 then all revenue up to$123,009 will contribute towards operations of the program. All proceeds or revenue above the cost of the program will be shared 50/50 between Circuit and the City of Huntington Beach. The city has the right to audit the finances once per year. Adjustments to the program cost shall only be made with the permission of the City. Circuit may implement a per passenger fare starting July 1,2022 at their discretion. The fee will be$2 per passenger per ride. Any changes to that fee can only be made with approval from the City of Huntington Beach. All terms and conditions stated in the original contract will remain the same for the new dates of this agreement extension. r" 1, COR bo CERTIFICATE OF LIABILITY INSURANCE FDATa( . 7/1/202IYYY) /2022 THIS CERTIFICATE 13 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(les)must be endorsed, If SUBROGATION IS WAIVED,sub)eot 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 Ileu of such ondorsement a. PRODUCER N= T Beverly Weed Insurance Office of America,Inc. P o E 407-788-3000 1 rkc ;407-788-7033 1855 West State Road 434 E-MAIL Longwood FL 32750 . Beverl .Weed ioausa.com INSURER 8 AF ORDINO COVERAGE NAIC 8 INSURER A:American Automobile Insurance Company 21849 INSURED JAMAN"i INSURERS:Fireman's Fund Insurance Company 21873 Circuit Transit,Inc. INSURER 0.Insurance Company of the West 27847 777 S Flagier Drive,Suite 800 W. West Palm Beach FL 33401 INSURER 0 r Fireman's Fund Insurance Company of Ohio 39640 INSURER E INSURER COVERAGES CERTIFICATE NUMBER:834607789 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INBRI TYPE OF INSURANCE POLICY NUMBER P E MO LIMITS LTR e X COMMERCIAL GENERAL LIABILITY Y Y USC018194220 5113/2022 61W2023 EACH OCCURRENCE S 1000 000 CLAIMS-MADE D OCCUR $100000 MEUEXP&yono coon PERSONAL S ADV INJURY $1,000,000 GENL AGOREGATE LIMIT APPLIES PER! GENERAL AGGREOATE $2 000 000 POLICY❑MT O LOO PRODUCTS-COMPIOPAGO $2000000 OTHER: A AUTOMOaILE LIABILITY Y Y 9CV009087-22-0i 811312022 6113121023 OMBINEO INOLE LIMIT 81-000,600 X ANY AUTO BODILY INJURY(Par person) S AAL OWNED SCHEDULED BODILY INJURY(Per accident) 5 U NON-OWNED P PER AGE g X HIRED AUTOS X AUY09 $ a X UMBRELLA LIAO OCCUR USC01271722U 5/1312022 61tJ12023 EACH OCCURRENCE $6000000 EXCESS CLAIMS-MADE AGGREGATE 36 000000 S DED R I R O - C yipRKERSCOMPENBATIOH Y WFL604872603 3!I@022 3112023 XER AND EMPLOYBRB'LIABILITY Y I N ANY PROPRIETORIPARTNERIEXECUTIVE E.L.EACH ACCIDENT $1000,0000 _ OFFICERIMEMBER EXCLUDED? N I A (Mandatory In NH) E.L.DISEASE-EA EMPLOYE $1000 000 If Yyea describe under E.L.DISEASE-POLICY LIMIT $1000 000 DESGIRIPTX)N OF OPERATIONS below D UmbralkoverAulo USCO2200622U 8/1312022 5113/2023 Aggregpl Occurrence 1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS)VEHICLES(ACORD 101,Addlilonal Remarks Schedule,may be attached if more space Is requirod) 30-day notice of cancellation as per policy provisions APPROVED AS TO FORM Cargo Liability—Fireman's Fund Insurance Comppany Polly Number: U 00 6/104220-Effective 5/13132—6/13/23 1iY: L�lAFT. F VAT Sexual Abuse&Misconduct Liability-Underwriters at Lloyd's,London CITY A:f VORNEY Policy Number ME06144310,22•Effective 05/05/22-5/13123 C111f or-t•It1NTINGTON BEACH See Attached... CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE! DELIVERED IN The City of Huntington Beach ACCORDANCE WITH THE POLICY PROVISIONS. 2000 Main Street Huntington Beach CA 92648 A THORIZEO REPRESENTATIVE USA 01988.2014 ACORD CORPORATION, All rights reserved. ACORD 25(2014101) The ACORD name and logo are registered marks of ACORD i i AGENCY CUSTOMER ID:JAMJINC-01 LOC M C R ADDITIONAL REMARKS SCHEDULE Page 1 of j AGENCY NAMEDINSURED Insurance Office of America,Inc. Circuit Transit,Inc. 7T7 S Flaglar Drive,Suite 800 W. POLIOY NUMEER West Palm Beach FL 33401 CARRIER NAIC CODE EFFECTIVE DATEt ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE Limit:$1,000,000-Aggregate-$2,OOD,000 Retention:$10,000 on a pp waivler of subrogation additional Insured of the certificate holder h dergappliesltwith regard tolgeneral Idianon-contributory igty and workers comps required o Ion as required by written contract or ntract or t A agreement. Tha City of Huntington Beach Is named Addllonal Insured with respects to the general liability and auto liability as required by wdtlen contract or agreement. ACORD 101(2008101) ®2008 ACORD CORPORATION, All rights reserved. The ACORD name and logo are registered marks of ACORD Allianz (S Pot"" No;"'01819d210 FIramon's Fund Inauranas Compuny Nrun.d Insured:eireult Transit Ina Forms Schedule,Col(MUed Additional insured.Mortgagee,Assignee,or Receiver Ct3 2015104 13 Additional Insured-Designated Person or.Crganlzation Ct3 20 26 04 13 Exdiuslon-Access or Disclosure of Confidential or Persohal lnfprmatlon and Data- Ca 2100 bG 14 Related Liability.With Limited Bodily Injury Exception Communicable Dleease Exclusion CO 2102 06 09 Exclusion-Coverage C•Msdleal Payments Ce 21 3510 01 Employment.Related Practices Exclusion CG21471207 Total Pollution Exclusion with a Ncattle Fire Exception 0021660999 Waiver of Transfer Rights of Recovery Against Others to Us CQ 24 04 06 09 Complete Lead Poisoning and.Lead Contamination ExotMelon Ca 70 92 0319 Completo Asbestos Exclusion CCU 70 93 0319 Amendment to Pollution Exclusion CC371 70 03 19 Multicover-Without Medical Payments CG 7193 0319 Pungi or Bacteria Exclusion 00 72 77 03 10 Emergency First Aid Endorsement CO 72 8612 08 Cross Suits Exclusion(Any insured) CG 72 94 0310 New Yoi1c,Changes-Commercial General LIab1111y Coverage Form CG 0163 0711 1111nols.Changes-Cancaltatlon and Nonrenswal GG 02-00 0118 New York Ohanges:-Transfer df Duties When a Limit of Insurance Is Used Up CG 2612110 91 California Changes CO 32:tq 010 Inland Marine Contractor's Equipment CatitOed Acts of Terroriem Excjualon 145913 01 16 Economid or Trade Sanctions Compliance 146.98,6 0814 Calculation of Premium IL 00 03 09 08 Common Policy Conditions_ IL 00 17 1198 Detrimental Code Exclusion 146901 01 02• Florida Changes-Warranties CM 01 01 1105 Florida Chongss CM 01 16 02-12 Florida Changes-1-698l Action Against Us IL 0176 08 07 Morlda Changes Cancellation and NonrenQwal IL 09 66 03.16 Amendment of Policy i Additional Condition IL 70 0612 00 Contraotor's Equipment Coverage Section-Declarations Contractors Equipment Coverage Form RI= 108 04 .1 Coerciai Inland Marine'Condillona NIM a60 o21t3 mm Cepy0ph1b2ar6Aemz(N0WR1ik'USthrutowaChmpeny.A AoNir41ei 0, coach Afflam Flreman%Fund Innuranae Company A Stock Company 27.8 W,Woshlnnlon$Iroei Suite 1Ob0 Chicago,IL hOOO"n4 Policy Number: U80616104210 Named Insuredi.Clrouit Transit Ina. Sequehllai Endorsement Number'.4 change Endorsement Pffeotive 05J1312021 12:01 AM,Standard 11me at the mailing address of the Named Insured, This Is an Endoreement only,Other than ohenges shown,all other pre-exisiing coverage remains in full force and affeot,Premium adjustments arc shown: Premium summary; Premium Due: $t) The foIjOWing ohange(s)ate made to this polldy: CB A*h1dfo1oRunno141WIUMuBln�ur4naComumrMikhtscworccd, Poae1Wz i Afflanz (0 Policy Number;USC016104210 sequbntial gpdor8oment Number:s Named lnsureti; ClrettltTranalt Inc, GENERAL LIABILITY Tito'following general Liability Formisndorsement(s)are amanded to apply As shown: Additional insured-Designated Person or Organization Ga 20 20 04 43 Mama of Add Ilonal_—14ured person(s)-or.Organlzations(a) . , CITY OF NEW ROCHELLE OCHELLE INDUSTRIAL DEVELOPMENT AGENCY 616 NORTIH AVENUE NEW ROOHE LEENT OF DEVELOPMENT& NY 4 801 RE:CIROULATOR TRANSPORTATION SERVICES OtTY OF NEWPORT LEACH,ITS ELECTED OR APPOINTED 011FIC1zR8,LMPLaYEUS,AGENTS AND VOLUNTEERS 100 OIVIO CENTER DRIVE NEWPORT BEACH,CA 92558 Ntettapalltan Transit System{MTt3)1601 Nallonal•Avenue,Suite 100 San Diego,CA 92113 City of West palm beach 401 Cternetis Street West Palm Beach,FL 33409 California Department of Community Services and Development Field Oporaliona Unit 2380 C3ateway oaks Drive, Suite 100 Sacramento,CA 85833 City of Huntington Beach,Its officers,elected or appolnted officials,employees,agents and volunteers 2000 Main Street Huntington Beach CA02848 i I I I P6o�snrz �bp�nlpM 07010 NgnZOlot�Ittik�U8 fn}Umaw 4`oMPtay.�hoMs�o+onoa, ' i POLICY NUM138til COMMERGiAL GENERAL LIABILITY 00 20 26 04.13 THIS ENDORSEMENT CHANGES THE POLICY,PLEASE REAR IT CAREFULLY, AbDiTIONAR INSURED -DESIGNATED PER:a0N OR ORGANIZATION. This endorsement modifies Insurance provided under the followingi COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured porson(s)Or Organixatlon(s)s Information required to complete this Schedule,If not shown above,will be shown In the Declarations. A. Section 11—Who Is An insured Is amended to include as an additional Insured the persons)or organlzallon(s) shown In the schedule,but only with rospecLto Mbllity for"bodily Injury","property'damage"or"personal and advsrttaing Injury"caused,In whole or In port,by your acts or olnloslono or the acts or omissions of those acting on your behalf. 1. In.the performance of your ongoing operations;or 2, in connection with your premises owned by or rented to you. However; 1. Tho Insurance afforded to such additional Insured only applies to tite extent permitted,by law;and 2. If coverage provided to the additional Insured is required by a contractor agreement,the insurance afforded to such additional Insured.wllfnot be broader than that which you are required by the coWroct or agreement to provide for such.additional Insured, H, With respect to the insurance afforded to these additional insureds,the following to added to Section III--LIMI(a Of-insurance. If coverage provided to the additional insured Is required by a contract or agreement,the most we will pay on behalf of the additional insured is the amount of Insurance: 1.. Required by the contract or agreement;or 2. Available Under the applicable Limits of insurance shown in the Dociaratlons; whichever is leas. Thla endorsement shall not increase tine applicable Limits of Insurance shown In the Aeolarattons, 00262e04 to NO 1011 p�nf11GnW BoMW 1 Al�wo,lno.,261s a I i Afflanz Mult(CaverO-Without Medlcal Payments -CG 7193 01 14 Policy Amendment(s)Cornmerolal General Liability coverage Form Your Gommerolst General Liability Coverage Form.Is revised as follows,. 1, Broadened Named Insured A, SECTION 11-WHO IS Aid INSURED,Item 3.,is deleted.and replaced by the following; 3, Any organization that you own at the Inception of this policy,or newly aoquire or form during the policy period,and over which you maintaln during the policy period maJorlty ownershlp or majority Interest, Will quality as a Named Insured If., a, There is no other similar Insurance available to that organiztiilon;and b. The first Named Insured shown In the beolemilons has the responsibility Of plaotng Insurance 1dr that organization;and o, That organization Is incorporated or organized undor.the taws of the United States of America, However: (1) Coverage under this provision 3 Is afforded only until the next occurring annual anniversary of the beginning of the Policy period shown In ilia Declarations;or the and of the policy period,whichever Is earlier;and (2) Coverage A does not apply to bodily Injury or property damage that occurred before you acquired or formed the organization;and (3) Coverage 13 does not apply to personal and advertising Injury arising oulofan Offense committed before you acquired or formed the organization, s. SECTION II-WHO 1.$AN INSURED,the last paragraph,is deleted and replaced by the following; No person or organization Is an Insured Wth'respevl to the conduot of any current or past partnership,Joint venture,or limited liability company.that Is not shown,as a Named Insured In the-Doolaratlons,However, this does not apply to a limited liability company that meets all of the conditions In.Seotion Ii-Who is An Insured,Item 1,above. 2. Additional tndurdd on of s.on addition!!]llnsured,then this Sootlon 2nsured endorsement is cAdd tlonahed to il insuired notes not apply to such person of orgerson or anization. SECTION 11-WHO IS AN INSURED,subsection 2.e.,Is added as fclloWs: e. Any person or organixallon Is included as an additional Insured, but only to the extent such person or organization Is legally obligated to pay for bodily Injury,property damage or personal and advertising Injury oaused by your sots or OMIssioha.With respect to the Insurance afforded to suoh'additional Insured, all of the following additional provisions apply: (1) You ll oi,i agreed under it e p I cured contract that suoh parson or organization,be added as an (2) The bodily Injury, property damage or personal and advertising Irijury for which said person or organization Is legally obilgafed'to pay Occurs subsequent to the execution of such Insured oantraot; (9) The molt(we will pay latho'loBserof either the amount of Insurance,available under the applicable LIM11A of Insurance shown in the Declarations or the limits-of Insurance required by the Insured contract; (4) The Insurance afforded to such additional Insured only applies to the extent permitted by law; Cal Ito i ro ran*nxa Mks orka,i MdtsW%Moa. roW1dr myaip�,laam��awon�wa�ncaeaaem xhn pe�mt�saa,. i �. I Afflanz (5) Such person or Organization-Is an additional Insured only with respect to: (a) Their ownership,maintenanoe,or use of that pall of the premises,or Land,owned byr rented to, or leased to you,except such person or organization In hot an Insured With respect to structural alterations,new construction or demolition operations performed by or on,behalf of such parson or organization; (b) Your ongcing operallons.perforrned for that Insured;. (o) Thelr llnanolal 4ontroi of you,except auah parson or organization I&not an insured with respect to struoturat alterations,new Construction or demolition operations performed by or on behalf of such person or organization; (d) The maintenance, operation or use by.you of equipment leased to you by ouch persoh or organization; (a) Operations performed by you or on.your behalf end for which a state or political subdlvision'has lssuad a permit;provided such operations are not performed for ouch state or politics)aubdlvlslon, and aro not Inoiuded within the products-completed operations hazard;or (q Their liability as a grantor or a franahiss tO you. (6) This Insurance dbos not apply to bodllOnjury,.properly, downuo,porsottal and advertising Injury, oaoUrrOooe Or offense: (a) Which takes place at d partioulpr premises after you cease to be a tenant of that premises; (b) Which takes place after elf work,Ino)uding materials,parts or equipment furnished In conneotlon with such work to be performed by or on behalf of additional Insured at the site of the covered operations,has bean completed; (o) Which takes place,after that portion of your work out Of Which ilia injury Or damage arises has been put to Its Intended use by any other person or organization other than another contractor or subcontractor engaged In performing operations for a prinolpatas part of the sams'proleo);or (d) Which takes piaoa after..the expiration of any equipment lease to which(4)(0)above applies; (7) Wlth,rospeot to architects,enginears.or surveyors,coverage does not apply to bodily injury,property damage or personal and advertising injury arising out of the rendering or failure id render any professional aeivioes by or for you,inaluding: (a) 'sutrovpreparing, yspfteld orde s.,change o failing rders,r prepare aWings approve, odravrings,gpintons,reports, (b) supervisory,Inspection,archltooturbi,or engineering services, These exclusions apply even If lhe'clalms against any Insured allege negligence or other wrongdoing In the supervislon;hiring,employment,training or monitoring of others by thatinsured,It the pgourrsnoo whloh caused the bodily htjury orproperty damage,or the offense which padaed tiro personal or advertising injury,Involved tho rendering of or iha failure to render any professional sQrvloea by of for you, 9. Additional Insured.Vendors If an Additional Insured Vendors endorsement le a(laohed to this policy that specifioaity.names a person or organization as an additional insured,then this Section,$.Additional insured-Vendors does not apply.to that person or organization, Unless ilia produote-completed operations hazard 14 excluded from this polloy,SEOTION it»WHO IS AN INSUReb,Item 2.f,Is added as follows; f. Any vendor of yours is included as an additional insured,but,only with respect to bodily Injury or property damrtge caused by your products which are distributed or sold In the regular course of the vendor's business,subjeol to lha following additional exo1galons: oartoaoita Ne �ro,4+vea �rAzo13N.�nx(►arh�llW�u�huurnncoconp�rr. � r+�gozdr oopyfiphl�dnalaWoTlnwtencadoMouaOAiwrinn,5y0, pom�t►sk+� Allianz (1) The Irtaurance afforded such vendor does not apply to: (a) Bodliy injury or property damopb tot which the'vendorIn obligated to pay damages by reason of the as,surnptiori of liability In a contract or agreement.This exclusion does not apply to liability for damages that Ilia vendor would have In the'absenoe of ilia contract or agreement; (b) Any express warranty unautho'tized by you; (o) Any physical or chemical change in the product made intentionally by the vendor; or the (d) substitutionnof parts unless err Instructions acked from tr thehe manufaoturose of eraatnd then packaged In thtesting, oridInal container; as the*vendor (q) t Any makeuor normally underte to make such k eB tc make Inthe usual cou tests rse of business, n connectionswl agreed tite distribution or eale'of he products; (f} Demonstration,Installation, servtoing.or repair operations,except such operations performed by Itte vendor In full compliance with the manufacturer's written Instruottons at the vendor .r.premises In connection with'the sale of ilia product; (g) Products container,part oa alter distribution or solo r Ingredient of any other thiby you, have been labeled no or substance by or for he vendor;o or used as a r (h) Bodliy Injury or property damage arising.out of the liability of the vendor for its own acts or omissions or those of its atnployeas or anyone else acting on Its behalf. (2) This Insurance does not apply to any Insured person or organization fromwhotn you have acquired such products or any Ingredient,part or container;entering Into,accompanying or containing such products; (3) The most we will pay is the looser of either the amount of Insuran'oe available under the applicable Limits of insurance shown in the Declarations or the limits of Insurance required by the contract or agreement;and (4) The insurance afforded to such vendor only applies to he extent permitted by law, 4. Additional Insured•Limited primary and Nkndbittributoty Provislon The following Is added as a second paragraph to'.5eolion IV Conditions,Condition 4.Other insurance,following paragraph b.(2): However,If you have added any person,organization or vendor of yours as an additional insured to this policy by way of this Multleovere'-endorsement and have agreed in a written insured contract that this Insurance is pdnriary and non-oontributbry with other Insurance available to that addlllonat insured,thle Insurance Is primary and we,vrii(not seek contribution frorli such'addiiloruk!insured'$other Insurance,provided that the additional Insured Is it Nomod Insured under suoh other Insurance. 0. .Waiver of Subrogation 6ECTION IV-COMMEROIAL 'GENERAL LIABILITY CONDITIONS, item 8., is deleted and,replaced by the following! 8. Transfer of Rights of Recovery Against others to Us and Sinnket Waiver of Subrogatlon a, Jr,the insured has rights to recover all or part of any payment we have made under this Coverage Part, those tights aretransferred to us.The Insured must do�nothing after the loss to Impair those'rights.At our request,the Insured will bring suit or transfer those rights to us and help us bnfarce them. b. It required by a written insured contract executed prior to ilia occurrence or offanss,we waive any right of recovery we may have agalnst any person or organization named In such Insured contract, i because of payments we make for Injury or damage arising out of your operationa or your work for that person or organization. cerro,ot to �mpyffyhtorrnWa«fdv��nw,or�OtSOMooa WV,1W�p " PoOQ�ofT i ' I Afflanz (0 e; Cancaliation«a0 Days common Polloy Conditions andoreemant IL0g17; A, Cancellation, Item 2.b, in deleted and replaced by the following: b, go days befdre.tiie effsotive dale of oanaellatlan if we oahoel for any other reason. 7. Liberalization 6ECTION IV•COMMERCIAL GENERAL LIABILITY CONDITIONO,the following Is added as an additional Condition: Llberallxatldiv Irwe adopta ohonge In our forms or rules which would broaden the coverage provided by any form that is a part of this polloy without an extra premitJm'oherge,th®broader coverage will apply to this policy.This extension Is oftebtive Upon the approval of such broader coverage In your state. a. P(re,Explosion,Sprinkler.Lenkage,or Lightning tegai Liability Coverago A, SECTION I-COVERAGES,COVERAGE A BODILY INJURY.AND PROPERTY DAMAGE LIABILITY,2, Exclusions,the last paragraph,Is deleted and replaced by the following: Exaiuslons o,through n.do not apply to damage by.fire,explosion,-sprinkler leakage,or lightning to promises while: 1, Rented to you; 2, Temporarliy oeoupled by you with the permission of the owner;'or 3; Managed by you under awrltten agreement with the owner, Aseparate limit of Insurance applies to this coverage as desorlbed in Section III-LIMITS OF INSURANCE. B. BEOTION III-LIMITS OF INSURANOE,Item e.,Is deleted and replaced by the following; e. Subject to 15 above, the Damage to Premises Rented.To You Limit shown In the I)eolaralions,for property damage.to any one premises Willis rented to you,or In the Casa of.-damage byflre,explosion, sprinkler leakage,org lightning you un e rentedwritten agreement with ilia occupied ner to the.grea eou with e permission of the owner,or managed by y a. $1,000,00.0 Anyone Premises;or b, The Damage To Premises Rented To You Limit shown,in the'Declarations. C. SECTION IV - COMMI=RCIAL GENERAL LIABILITY CONDITIONS, Q, Other Insurance, b. Excess Insurance,(1)(a),items(1)and(111),are deleted and replaced by file following: loes (i) ttat mporarilyoocupied. yourwlthpermissinkler ionofthe or �cwnar,ormanaoadbyhtning Insurance'ror youunda ahile rented writtenagreerient with the ownar; emlsos (ill) Tharented to you,temIi Insurance porarily aourchased up ed by you ou to cover h thour le permission sslon of thefor owner,,or managed by yoe to ru under a wrltteri agreement with the awrier,Or D, SECTION•V-PEFINITIONs,p.tnstired Coillydot,Item a.,Is deleted and replaced by the following: (a) A oontract for a lease of promises.However,that portion of the contract for 9110469 of premises(hat indemnifies any person or orgenizeliori for damage by tire,explosion;sprinkler leakage,or lightning to premises whil6 rented W you,temporarily oocupled by you with permission of the owner,or managed by yoo under a written agreementwith,the owner,Is not on insured oontraot; o. Damage to Invitees'Automobile s'from.t7aliing Trees or Tree,Limbs-Limlted Coverage cc►yr soot�� copyrlpMA7Dfs/�1Wnef3ten+1(tph+UB fnswonw Cmpe�M.Al,ttttM roeomd papn 4 of ddoaoopy,iphteAnNlaFdorinwiente8art11aitN4os,inn,,tW,,ptrA►sSai. I I ffla z Tills.coverage applies to direct physical damage to automobiles owned by Invitsea subject to all of the following: 1, provided such damage originates from traes on premises owned,managed,teased or rented by an Insured; 2, coverage applies only to Invitees of an'Insured or an insured's tenant; 3, such damage-Is directly caused by wlnd•drlven falling trees or tree limbs; 4. The bloat we will pay for any one loss I'the loWeat of', a, the actual cash value of the damaged automobile 6e of the time of the loss;or b. the cost of repalting the damaged automobile;or o, the cost of replacing the damaged automobile with another automobile of like kind and quality. Regardless of the number of occurrences,losses or claims,this coverage Is subject to a limit of$26,000 In any one policy period; 6. This coverage is not subject to the General Liability General Aggregate Limit;and 6. We Wit make payrdehis under this coverage,without regard to fault. lo. Non-owned or Chartered Watercraft SECTION I - COVERAGE% COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, 2. Exclusions,Item g.Arcraft,Auto,or Wateroraft,Item(2),is deleted and replaced by the following: (2) A watercraft you do not own that Is, (a) Less than 01 feet tong;and (b) Not being used for public transp6dalion or as a common oarder; 1i. Chartered Airoreft SECTION I - COVERAGES, COVERAGE A BODILY INJURY AND pROpERTy DAMAGE LIABILI TY, 2. Exclusions,a.Aircraft,Auto Or Watercraft,Item(0),Is-added as follows: (s) An aircraft In which you have.no ownership intetest"and that you have chartered with craw. 12. Coverage Territory•Broadened SECTION V-DEFINITIONS,ltam A.a.,la deleted and replaced.by the followingt a, The Uhlted States of America(Inofuding Its territories and pgssessicne),puarlo Rico,Canada, Bermuda, the Bahamas,The Gaylrran Islands and the British Virgin Islands; 19, Personal and Advertising InJlrry.Contractual Voless personal and actvortlsing Injury Is excluded from Wa polloy the fallowing applies: seOTtON I-0OVCRAGES,CQVERAGt3 B.2,EXoNSiona,item e.,Is deleted. % Fellow Employao.Covorapa SECTION 11,WHO IS AN INSURED,2A. Itnt(1)is deleted and replaced by the following; (1). Personal and advortlalitg injury: Howsver,subsections(a),(b),(o)and(d)of item(1)'remaln unchanged, 16, Bodily Injury t)oflttitlod-Broadened SECTION V.DEFINITIONS,S.Bodily injury Is deleted and replaced by the tollowlng: resulting from any of thase Means l at any Ilmeit Mental anguish Meansness or disease nod any by ype ptm nta)o rson relnotiolya Illness or Mental diseulsh ase. 10, ;~ltpeoted or intendod tnjury-Amontfmont to Pxcitrsion Cariosal u �y�{yhtO7ei8lJiuu,Ototnl[1hUU811WWftC=, Akddt y oar-64.. paap W t' ,jpp1�p11rf�llN(0�6rOr�M1IUIMKtl a011rUM ,� ,15�F1iitt++QOt11V�l6kIL , S j fflan z 6EOTION 1.Coverage A Bodily Injury and Property Damage Liability,2,EXCLUSIONS,a.Expected or Intended injury,is deleted and replaced by the following: a. Expected or Intended Injury Bodily Injury or prpperty damage expected or intended.from the standpoint of.the insured. This exclusion does not apply to bodily injury ar property damage resulting from the use of reasonable force tb protect persons or property. 17. Unintentional Failure to Disclose Hazards SECTION IV-COMMERCIAL©ENERAL LIABILITY CONDITIONS, Item 6.Representations,the following to addad: d, If you unintentionally tall to disclose any hazards existing at the.Inception date of this pansy,,we will not deny coverage under this Coverage Form because of such failure,However,this provision does not affect our right to collect additional premium or exerelso our right of cancellation or non-renewal. 18. Suppietnentary payments-Increased Limits SECTION.).COVERAGES,SUppLEMENTARY PAYMENTS-QOVERAGES A AND 0,Items i,h.and IA.,are deleted and replaced by the following; b.- The cost of ball bonds required Because of accidents or traffic law violations arising out of the use of any vehicle to Which the Bbdlly Injury Liability 00verage opplles..Wo do not haVe to furnish these bonds. d. All reasonable expenses lnourrod'by the Insured at dur1requeat to assist us in the Investigation or defense of the claim or suit,Including substantiated loss of earnings up to$500 a day Because of time off from work. 18, Duties In the Bvent of an t?courrenae,:Offense,Claim or 8 It.Amended SECTION IV,COMMERCIAL GENERAL LIABILITY CONDITIONS,item 2.a.Is deleted and replaced by the fallowing., (1) You,must see to it that we or any licensed agent of ours are notified of a 0eneral Liability occurrence or offense Which may result in a claim as soon as preolloable after it becomes known to; (a) -You,If you are amindtviduat; (b) Your partner,or member,if you are a partnership or joint venitire; (o) Your member,if you are a limited liability company; (d) Your executive offto r iryou Fire anorganization otherthan a partnership,joint venture,or limited Ilability company;or (a) Your authorized representative or insurance manager, JZnowiedge of an occurrence or-offense by persons other than those listed above does not imply that those listed above also have such knowledge, (2) To the extent possible,notice should Include; (a) How,when and where the occurrence or offense took place; (b) The games and addresses of any Injurbd petoons and wllnesseo;_and (o) The nature and location of any injury or damage arising out of the occurrence or offense, 20, Non Employment Dtacriminutfon Linblllty unless personal and adverlisinglnjury is;excluded from(his pollcy the following appllesl, A, 8EOTION V-13EFINITIONS,14,personal and advertising Injury,item h.Is added as follows., h. Discrimination, R, 13.SEOTION V,DEFINITIONS,Item 23,Is adled as follows; corta30114 rtgN 07A1JNGw.eteMl fUtli U3{M1uyusca Uxnpmy.hl AQs rasaved. cape 4a(7 Inpidu Popy,lpq:od IMINra10r1nW1lunoaWtW o6W.11%41 with Ile P,y,'illop, Afflanz Nla 29. biscrinrinatlon means the tinlawl'01 trealmont of a pataon or Glass of persons bechuse of their speol(l0. race,dolor,religlon,.gender,age,or national origin in comparison to One or more persons who are not members of the specified class. C, $EOTIgN I - OOVERAGES, OOVERAO� D MRSONAL AND ADVERTISING INJURY LIABILITY, 2. Ekoluhlons,the following.are added: q, glaorhnfllgtlott direolly or Indirectly, related to the past employment, eirnployment ar praspeollve entployment of eny,person or glass of persons by any Insured; r. Discrimination directly or Indirectly related to the sale,rental,lease or sublease or prospeative sale, rental,lease or:euhfease of any dwelling or permanent lodging by or at the direction of any Insured; s. Diaeriminatio�n,if Insurance thereof is prohibited by law;or t, Fines, penalties, specific performance, or injunotlons levied or Imposed by a governmental entity, governmental code;law,or stalute because-of dIsnrtmination. All other terms and conditions of the poliby.apply afaw Cc►TS 9001 11 Co�yttyhlt>7111dNtwuarworiro m inNi aDon AA�luoroeonod. P40e7of7 ����PY�t�lodm�larldanneuraxotlotdooeOffKo,f 5N pemb+bn, i if ,Allianz itr I CHANGEENDORSF-MENT Policy Numhor, W V 000967 21 Q1 Effective Datw 06110/2021 Namod Inaurodi CIRCUIT TRANSIT,INO. tndoteement Number,005 Premium Duo at Endorsement Effective bate $0.00 The Premium shown inctudow. Oommerclal Auto: $0,00 Forms Ghan ad' Addllionai insured Primary and Non-Contributory With Other insurance CA 7100 0717 0 Insurance Servloas Office,Ino,,202 Page 1 of 3 , ITBM TVVO Schedule Of Coverages And Covered Autos Endorsement Schedules The following have been Added and Changed; ADDITIONAL INSURED-PRIMARY AND NON-CONTRIBUTORY WITH OTHER INSURANCE i (CA 71 0E3 07 47)Schedule Scheduled persons or Organizations With Res act to Designated Project or Contraot City of Huntington Beach,Its o cars,elected or City of Huntington Transpartat on Services appointed offlotalR em to aes ants and volUnt CITY OF NEW ROCHELLE DEPARTMENT OF CIRCULATOR TRANSPORTATION BE R CES DEPARTMENT&NEW ROCHELLE INDUSTRIAL DEVELOPMENT AGENCY CI E ROC E LE DEPARTME T OF CIRCULATOR TRANSPORTATIO S V CES nPVIrLnPMENT CITY OF NEW ROCHELLE UWARTMENT OF CIRCULATOR TRANSPORTATIOU-SERVICES DEVELOPMENT&NEW ROCHFLLE INDUSTRIAL. DEVELOPM7 NT AGENC &CITY CITY OF NEWPORT BEACH,ITS ELE .TED OR CONTRACT WITH THE CITY OF NEWPORT APPOINTED OFFICERS,EMPLOYEES,AGENTS BEACH AND VOLUNTEERS 0 Insuronoa Services Otilce,]no.,2009 Page 2 of 3 IT m TIME Sohodule Of Covered Autoa.You Owia C9 fnsuranoe Setvloes Woo,Ina.,2009 Pave 3 of AMENDMENT NO. I TO SERVICE AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND CIRCUIT TRANSIT, INC. FOR DOWNTOWN SHUTTLE SERVICES ']'HIS AMENDMENT is made and entered into by and between the CITY OF HUNTINGTON BEACH, a California municipal corporation, hereinafter referred to as "City," and CIRCUIT TRANSIT, INC., a California Corporation, hereinafter referred to as "Contractor." WHEREAS. City and Contractor are parties to that certain agreement, dated July 12, 2021. entitled "Service Agreement Between the City of Huntington Beach and Circuit Transit. Inc. for Downtown Shuttle Services` which agreement shall hereinafter be referred to as the "Original Agreement''; and City and Contractor wish to amend the Original Agreement to increase the amount of compensation to be paid to Contractor. NOW. THEREFORE, it is agreed by City and Contractor as follows: I. ADDITIONAL COMPENSATION In consideration of the services to be performed under the Original Agreement. City agrees to pay Contractor at the rates specified in Exhibit B which is attached hereto and incorporated by reference into this Agreement. City further agrees to pay Contractor an additional sum not to exceed One Hundred Twenty Thousand Dollars ($120.000.00). The additional sum shall be added to the original sum ofTwo Hundred Thousand Dollars (5200.000.00), for a new contract amount not to exceed Three I lundred Twenty Thousand Dollars (5320,000.00). 21-9927/274777 I 2. TERM iThe term of the Agreement is extended to June 30, 2022. 3. REAFFIRMATION Except as specifically modified herein, all other terms and conditions for the Original Agreement shall remain in fill force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers on December 10 , 2021 . CIRCUIT TRANSIT, INC. CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California By: )nielKra prim name ITS: (circle one) Chairman/President ice President City Manager AND City Clerk By: INITIATED AND APPROVED: print name ITS: (circle one) Secretary/Chief Financial Officer/Asst. Secretary-Treasurer Director of Public Works APPROVED AS TO FORM: City Attorney nl u COUNTERPART 21-9827n74777 2 AMENDMENT NO. I TO SERVICE AGREEMENT BETWEEN i THE CITY OF HUNTINGTON BEACH AND ' CIRCUITTRANSIT, INC. FOR DOR'NTOWN SHUTTLE SERVICES / I / , THIS AMENDMENT is made and entered into by and between the CITY OF HUNTINGTON BEACI1, a California municipal corporation, hereinafter referred to as "City,"and CIRCUIT TRANSIT, INC., a California Corporation,,hereinafter referred to i as "Contractor." i WHEREAS, City and Contractor are parties to that certain agreement, dated July i 12, 2021, entitled "Smice Agreement Between the/City of Huntington Beach and Circuit Transit, Inc. for Downtown Shuttle Services"which agreement shall hereinafter be referred to as the"Original Agreement": and City and Contractor wish to amend the Original Agreement to increase the amount of compensation to be paid,to Contractor, NOW,THEREFORE, it'is agreed by City and Contractor as follows: 1. ADDITIONAL COMPENSATION In consideration of the services to be performed under the Original i Agreement, City agrees to pay Contractor at the rates specified in Exhibit B which is attached hereto and incorporated by reference into this Agreement. City further agrees to pay Contactor an additional sum not to exceed One Hundred Twenty Thousand Dollars ($120,000,00). The additional sum shall be added to the original sum of Two Hundred Thousand Dollars ($200,000.00), for a new contract amount not to exceed Three Hundred Twenty Thousand Dollars ($320,000.00). 21.9827/274777 t 2. TERM The term of the Agreement is extended to June 30, 2022. 3. REAFFIRMATION Except as specifically modified herein, all other terms and conditions for the Original Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers on December 10 , 2021 . CIRCUIT TRANSIT, INC. CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California By: print name S V4 ITS: (circle one)Chairman/President/Vice President City M AND 74� City Clerk .ijLza By: :z;;: PP print name ITS: (circle one) Secretary/Chief Financial Officer/Asst. Secretary - Treasurer Director of Public Works APPROVED FO Ci Attorney uj 1 COUNTERPART 21-9snman7 EXHIBIT B COST&SCHEDULE i City will implement the following fee schedule during the extension of the pilot program. The terms and j conditions of this fee schedule shall be as follows starting January 3, 2022: i Huntington Beach Downtown Shuttle Service Month Number of vehicles Hours of Service Cost i January 2022 4 active vehicles 133 weekly hours $20,000.00 February 2022 4 active vehicles 133 weekly hours $20,000.00 March 2022 4 active vehicles 133 weekly hours $20,000.00 April 2022 4 active vehicles 133 weekly hours $20,000.00 May 2022 4 active vehicles 133 weekly hours $20,000.00 June 2022 4 active vehicles 133 weekly hours $20,000.00 Total $120,000.00 Pursuant to Exhibit C of the original contract, Circuit will sell space on the exterior or interior of the vehicles to raise revenue to partially finance the cost of this contract extension.Circuit will pay to City 50% of Net Advertising Revenue received In any month that exceeds Five Thousand Dollars($5,000)as a credit to City and applied to the monthly fee schedule. All terms and conditions stated in the original contract will remain the same for the new dates of this agreement extension. ACCMH CERTIFICATE OF LIABILITY INSURANCE °ATEryI`°°"�' z,23r2022 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 cartIficata holder is an ADDITIONAL INSURED, the polky(Ns) must be endorsed. If SUBROGATION IS WAIVED,subject to the torms and conditions of the policy,certain policies may require an endossMlant. A statement on this certificate does not confer rights to the certificate holder In lieu of such endomementtsN PRODUCER Beiveft Wised Insurance Office Of America Ir= walla - FAR '855 West State Road 434 407-768-3000 L 407-78&7933 Longwood FL 32750 Beveirly .cam RMNMM Ain CMWG COVeaAoe wuc a A:Great American Insurance ComprN_ 16691 INSURED Transit, Inc. ' wsueut e:American Automobile Insurance Company 21940 irct 745 9Dr Avenue wsuNEN c 1-imman's Fund InsurianceCorrillarry 21873 San Diego CA 92101 wwegt D:Insurance Comparry of the West 27647 ww4nst a General Stu In_demnitf Company 37362 F:Houston Casualty Company 42374 COVERAGES CERTIFICATE NUMBER:606236817 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO VIaaCH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TEIMW EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS _ iRANL?A Y TrPa O►eAWMn2 POLIC MILMMI [A W Lllfra C X uuMMACIAL esTevi uAsun Y uIlml sate Mr=rl "n 2 EAri1 oCC1FREMCE f,m so CLNMS-WDE a OCCUR t,aAem MED FXP eN { T-1PERSONAL aADv1MAR1 III, ow OfNL ALiOREWTEpUI NIT APPLIES Flat of WRAC Aa RFGATE f 00 LI e POCY JECT �LOC PRODUCTS COYPPOPAW SZ Om OTHIM t a ALnomon alIALRY Y savoom p.Ilal 511] 21 6hard103 { X ANY Auto eDRY MaRY ParIMre{ { AUTOS AUTOS BDOIY Yia/(Y II�flollOeQ f x 1M6DAUIOB x AUTOS f a C IUMMWLLAUM gCCUIS UxxNM?M SrlY l Mu EACH OCCURRENCE {S=OM ®LwI IIXAYLWDE Aocial ATE {sualium, DED i RETENTtpr { L wpm 10,111 Mw y1j=t w M X YIN A)iY PROPRETOIWMIMEP.FI.tECuirvE EI EACH ACCIDENT {t OFFICERABIaER EIfGllt0Ei1'r ❑MIA IMMM101i In NH) E,DISEASE-EA EkotA7m {1 oso n yy�a warn.„de DESCHII•tA;ti['-F OPE OtMe EL dSFitRE-PCIUCI'UIIT {I Om F ^yper:.,w, WITG312M anarAtl arxnan owns Ddvraat 2000.000 A Cnnn?Arp*Yrryae TM SA FRIIaN Oftet arnfJrot ell]nN] tine NCgwfesa Tmg000 F Fnn..A.d�.lawry 1x1342NIM) M,nNt M]nN0 IMIMCevraas 4.000.000 Excess lC eOF aDlP EMIY)yM a-I ina rlaOnI'Iss Fund Insurance lrance DC orm pAaddnly Policy Number USC01271721U tb n+l e�m.�v.kMduH,my a NI�eMd n moo pew w�purMl -EMecsve 5/1321 -5/13/22 Limit:$5,000.000 APPROL ez As To Poo Excess Auto LiabiI (SDFR)-General Star Indemnity Company Policy Nurnitw 1X 2382 •Effective 6l31121 -SMY22 Oa: Link:64,000.000 i:WlFl E. GATES See Attached... -fTv ATTORNEY CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Clttyy1100 of Huntington Beach 2Main Street Huntington Beach CA 92648 ADTMDIIlSDeOR&EYH,TAn}NE� C 1908-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014Ml) The ACORD name and logo are registered marks of ACORD SERVICE AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND CIRCUIT TRANSIT, INC. FOR DOWNTOWN SHUTTLE SERVICES THIS AGREEMENT ("Agreement') is made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter called "City,"and Circuit Transit, Inc., hereinafter referred to as "Contractor." Recitals A. The City desires to provide all-electric, on-demand shuttle services for residents and visitors within the City's downtown area: B. City desires to retain a Contractor having special skill and knowledge in the operation of all-electric, on-demand shuttle services; and C. Contract 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 his Agreement will be performed in compliance with such standards as may reasonably be expected from a professional firm in the field. Contractor has been selected to perform these services pursuant to Huntington Beach Municipal Code Chapter 3.02. NOW, THEREFORE, it is agreed by City and Contractor as follows: 1. Scope of Services The Contractor shall provide all services as described in Exhibits "A" and "C", which is attached hereto and incorporated into this Agreement by this reference. These services shall sometimes hereinafter be referred to as the "Project." Contractor hereby designates Daniel Kramer, who shall represent it and be its sole contact and agent in all consultations with City during the performance of this Agreement. 2. City Staff Assistance City shall assign a staff coordinator to work directly with Contractor in the performance of this Agreement. 21-98271258329 1 3. Compensation a. City agrees to pay, and Contractor agrees to accept as total payment for its services, the rates and charges identified in Exhibit `B" with a sum not to exceed Two Hundred Thousand Dollars ($200,000.00) during the term of this Agreement. b. Payment by the City will be made for the actual services performed. Contractor will submit biweekly invoices with documentation showing the actual times and hours worked by the shuttle drivers and howl of actual operation- C. Payment by the 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. d. Upon request from the City, the cost for any additional service hours or vehicles shall be provided by Contractor to the City. The City shall only be obligated to pay the cost for the use of additional service hours or vehicles, and Contractor shall only be obligated to provide additional service hours or supply the additional vehicles, upon the execution of a written authorization executed by both parties. Any additional services performed for the City by Contractor outside of the Scope of Services to be provided, which may be mutually agreed upon by the Parties from time to time and billed on an hourly basis, will be provided in a separate invoice to the City and paid by the City to the Contractor on a monthly basis. The cost per vehicle service lour is $27.12. e. Contractor shall sell space on the exterior or interior of the vehicles for the display of commercial advertising with the goal of raising revenue to partially finance the cost of the services performed under this Agreement as set forth in Exhibit C. 4. Term Time is of the essence of this Agreement. The services of Contractor are to commence July 12, 2021, or as soon as practicable after the execution of this Agreement by City (the"Commencement Date") and terminate December 12, 2021, unless terminated earlier in accordance with the provisions of this Agreement. Contract may be extended for 2 additional one-year periods if mutually agreed to in writing by both parties. The City shall notify the Contractor of its intent to exercise its extension option sixty (60) days prior to end of the then existing term. If the City elects to extend the term, the Contractor will be allowed annual contract adjustments in years two and three. Contract adjustments shall be equivalent to the lower of 3.5 percent or the year-to-year percentage change of the Los Angeles- Riverside-Orange County Consumer Price Index for all Urban Consumers (CPI-U). Annual adjustments will go into effect on the eve of each contract anniversary date. 21-9827258329 2 In the event the Commencement Date precedes the Effective Date, Contractor shall be bound by all terms and conditions as provided herein. -. Extra Work In the event City requires additional services not included in Exhibit "A" or changes in the scope of services described in Exhibit"A," Contractor will undertake such work only after receiving written authorization from City. Additional compensation for such extra work shall be allowed only if the prior written approval of City is obtained. 6. Disposition of Plans, Estimates and Other Documents Contractor agrees that title to all materials prepared hereunder, including, without limitation, all original drawings, designs, reports, both field and office notices, calculations, computer code, language, date or programs, maps, memoranda, letters and other documents, shall belong to City, and Contractor shall turn these materials over to City upon expiration or termination of this Agreement or upon Project completion, Whichever shall occur first. These materials may be used by City as it sees fit. 7. Hold Harmless 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 and 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. 8. Workers Compensation 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. 21-9827/258329 3 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. 9. 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 of 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 (S 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) 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 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. Under no circumstances shall said above-mentioned insurance contain a self- insured retention, or a "deductible" or any other similar form of limitation on the required coverage. 10. Certificate of Insurance Prior to commencing performance of the work hereunder, Contractor shall furnish to City a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement; the certificate shall: a. provide the name and policy number of each carrier and policy; b. state that the policy is currently in force; and C. promise that such policy shall not be suspended, voided or canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice; however, ten (10) days' prior written notice in the event of cancellation for nonpayment of premium. 21-9827258329 4 Contractor shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by City. This requirement for carrying the foregoing insurance coverage shall not derogate from Contractor's defense, hold harmless and indemnification obligations as set forth in this Agreement. City or its representative shall at all times have the right to demand the original or a copy of the policy of insurance. Contractor shall pay, in a prompt and timely manner, the premiums on the insurance hereinabove required. 11. Independent Contractor Contractor is, and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of City. Contractor shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for Contractor and its officers, agents and employees and all business licenses, if any, in connection with the Project and/or the services to be performed hereunder. 12. Conflict of Interest 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. 13. '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, the Director may require Contractor to deliver to the City 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 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. 14. 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 21-9827258329 5 be modified except by written instrument 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, the terms and conditions hereof, shall not bind or obligate Contractor or 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. 15. Assignment Inasmuch as to 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 anv of the services which arc the subject to this Agreement performed by City personnel or by other Contractors retained by City. 16. City Employees and Officials Contractor shall employ no City official nor any regular City employee in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial interest in this Agreement in violation of the applicable provisions of the California Government Code. 17. Notices Any notices, certificates, or other communications hereunder shall be given either by personal delivery to Contractor's agent (as designated in Section 1 hereinabove) or to Citv as the situation shall warrant, or by enclosing the same in a scaled envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses below. City and Contractor may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, a reputable overnight carrier or U.S. certified U.S. certified mail-return receipt requested: To City: Contractor: City of Huntington Beach CIRCUIT TRANSIT, INC. Attn: Chao Vu Attn: Daniel Kramer 2000 Main Street 777 S. Flagler Drive, Ste 800, West Tower Huntington Beach, CA 92648 West Palm Beach, FL 33401 21-9827/258329 6 18. Consent When City's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence of the same or any other transactions or event. 19. Modification No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 20. Section Headings The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this .Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 21. Interpretation of this Agreement The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competentjurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 22. Duplicate Original The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 2 1-9827/258329 7 23. Immigration Contractor shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification. 24. Legal Services Subcontracting Prohibited Contractor and City agree that City is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of'services contemplated hereunder. Contractor understands that pursuant to Hunlinglon Beach City Charier Section 309, the City Attorney is the exclusive legal counsel for City; and City shall not be liable for payment of any legal services expenses incurred by Contractor. 25. Confidentiality Contractor recognizes that in the performance of its duties under this Agreement, it must conduct its activities in a manner designed to protect information of a sensitive nature from improper use or disclosure. Contractor warrants that it will use reasonable efforts consistent with practices customary in the facilities management industry in recruiting, training and supervising employees and in otherwise performing its duties hereunder in order to achieve this result. In the furtherance of this, Contractor agrees, at the request of the City, to require its employees to execute written undertakings to comply with the foregoing confidentiality provision. 26. 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. 27. 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. 21-9827258329 8 28. Professional Licenses Contractor shall, through 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. 29. Attorney's Fees In the event suit is brought by either party to construe, interpret and/or enforce the tcmms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorey's fees, such that the prevailing party shall not be entitled to recover its attomev's fees from the non-prevailing party. 30. Survival Terms and conditions of this Agreement, which by their sense and context survive the expiration or tennination of this Agreement, shall so survive. 31. Governing Law This Agreement shall be governed and construed in accordance with the laws of the State of California. 32. 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 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. 33. Entirety (a) The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive ann's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement warranty, fact or circumstance not expressly set forth in this Agreement. 21-9827/258329 9 (b) All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. 34. Effective Date IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers. This Agreement shall be effective on the date of its approval by the City Attorney. This Agreement shall expire when terminated as provided herein. CONSULTANT, CITY OF I IUNTINGTON BEACH, a municipal corporation of the State of CIRCUIT TRANSIT C., California By: James Mirras cl Manager print namc ITS: (circle one)Cluirman/PresidentNice President AND / INITIATED AND APP By: `�1��/ Dire or of Public Works James Mirras prim name APPROVED AS TO FORM: ITS: (circle o )Secretary/Chief Financial Officer/Am $tottery-Treasurer L- -lA amity Attorney Date RECEIVE AND FILE: q4hw _ City Clerk ya Date 91-1?1.zcuI COUNTERPART 2 t-9827/259329 10 (b) All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. 34. Effective Date IN W I NESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers. This Agreement shall be effective on the date of its approval by the City Attorney. This Agreement shall expire when terminated as provided herein. CONSULTANT, CITY OF HUNTINGTON BEACH, a municipal corporation of the State of CIRCUIT TRANSIT, INC. California By: City Manager print name ITS: (circle one)Chaimren/PresidentNice President AND INITIAT D AND OV By: for of PabricWorks print name APPROVED AS TO FORM: ITS: (circle one)Sccm-wy/Chief Financial Officer/Asst. Secretary -Treasurer 4 amity Attomey Date RECEIVE AND FILE: City Clerk Date COUNTERPART 2 t-98272583,24 10 EXHIBIT A A. STATEMENT OF WORK: (Narrative of work to be perfonaed) Vendor will work with the City to pilot an all-electric, on-demand, shared shuttle service ("Shuttle Service") for the designated service area. The initial operation of the Shuttle System is limited to the boundaries of the Downtown Huntington Beach (DTHB) (see zone map; however, in the future the Shuttle System may expand beyond these boundaries. The Shuttle Service will serve downtown residents, workers and visitors by providing a convenient and efficient mobility option to circulate throughout downtown. A demand-response system provides point-to-point transit from any one point within the DTHB boundary to any other point within the DTHB boundary, and is available to the user upon demand. B. CONSULTANT'S DUTIES AND RESPONSIBILITIES: I. Operate the on-demand Shuttle Service within the defined coverage area and hours of operation as set forth in the City's Request for Proposals and in the Vendor's Proposal (attached). 2. Provide a user mobile application for the service and provide monthly operating reports in a format approved by the City. 3. Operator will provide the City with breakdown of hours and trip data as supporting documentation for payment each month. 4. Operator will provide the following reports: a. Number of Riders on monthly basis and heatmaps for pickup and drop-off. b. Number of Rides on a monthly basis; C. Average wait time from request through the mobile app until arrival by the vehicle on a monthly basis: d. Average trip duration on a monthly basis; 5. Operator to provide a minimum of 5 GEM E6 - 2016 and newer vehicles, with at least I ADA vehicle on standby in market 6. An operator may add vehicles/service hours to its fleet, upon request to and approval by the City, when the operator demonstrates with utilization data that average weekly response time exceeds 20 minutes per trip. In the evaluation of requests for vehicle/service hours increases or decrease determinations, the criteria includes market needs, the number of vehicles deployed in the City, device utilization, operator performance, public safety, seasonal and environmental conditions, special events, and other criteria. 21-9827t258329 Il The Contractor shall be responsible for the operations of the Shuttle Service in accordance with: 1. Applicable federal, state, and local laws and regulations. 2. Necessary driver qualifications such as license verification and driver safety training. 3. Equipment operating instructions issued by the OEM (original equipment manufacturer). 4. The passenger service policies as may be amended from time to time. Contractor, at Contractor's sole expense, may employ persons other than Contractor's employees to perform supplemental passenger assistance, marketing, information functions, passenger counts, or other similar duties. Contractor's employment of other persons for these duties does not relieve the Contractor from performing these duties. Contractor shall set uniform dress standards for all service employees. Employee uniforms will be green Circuit polos and driver's choice of bottoms. Uniform standards shall be subject to the City's approval. Training Contractor will establish and provide continuing training programs for all service employees who are working on the City of Huntington Beach Shuttle system. At a minimum, training shall include ADA lift and secure training, sensitivity training, and defensive driver training. Vehicle Breakdown Contractor shall provide an additional vehicle in the event of a vehicle breakdown. The maximum response time from the time of a vehicle breakdown until the arrival of a replacement vehicle shall be twenty (20) minutes plus two (2) minutes per mile from the Contractor's garage to the location of the breakdown. Contractor, at Contractor's sole expense, in the event of a vehicle breakdown may provide alternate transportation through the use of licensed taxicab service. Use of this option shall not alter the maximum response time for replacement service stated above. Vehicle Operators Contractor shall supply properly licensed and qualified personnel to operate vehicles meeting the following minimum requirements: • Fluent in speaking, writing and understanding English • Shall not have, within the last three(3) years: o One or more Driving While Intoxicated (DWI) or Driving Under the Influence (DUI) convictions. 21-9827258329 12 o Any conviction or plea of polo contenders in a competent court of jurisdiction recognized by the State of California for leaving the scene of an accident. o Two (2) or more chargeable accidents. o Two (2) or more moving violations. Code of Conduct All employees shall avoid conduct unbecoming an employee. Contractor shall set personnel policies prohibiting such actions. Examples of conduct unbecoming an employee include, but are not limited to, the following: • Any instance of use of language that is obscene, risque or religiously, ethnically or sexually demeaning, or making light of physical or mental disability, regardless of whether it is directed at a customer or another employee. • Any instance of belligerent or malicious behavior toward a customer or another employee. • Littering on rolling stock, station areas or any other City system property. • Eating in the presence of passengers or within vehicles, except when on break. • Smoking in the presence of passengers. • Willful failure to assist customers. • Willful destruction or damage to any City property. • Violation of uniform dress standards. • Reckless or unsafe driving. Employees and Sub-Contractors All personnel provided by CONTRACTOR and Contractor's sub-Contractors involved in any aspect of the Operator Services shall be employees or Contractors of CONTRACTOR or its sub Contractors and not of the City. All such employees and sub- Contractors shall be subject to the direction, supervision and control of the Contractor and not the Citv. Operations and Management Supervision In addition to the rights and obligations stated elsewhere in this RFP, the City shall have oversight of Contractor's performance including: • Monitoring: Monitoring the records, facilities, personnel, timetable adherence and equipment developed or used by Contractor in the performance of its obligations under this Agreement. • Inspection and Removal: Inspecting any equipment at any time, and remove from service any equipment, which in the City's sole discretion, is in an unacceptable condition. 21-9827058329 13 • Temporary Service Adjustment: At the City's sole discretion, the City may direct Contractor to cease operation with sixty (60) days notice, or alter service area and/or service hours under this Agreement. • Employee Removal: At the City's sole discretion, the City may direct Contractor to remove any service employee for conduct unbecoming an employee as stated herein. State and Federal Rules and Regulations All vehicles providing services under this Agreement shall meet all applicable State and Federal rules and regulations as may be modified from time to time. Vehicle Rejection The City's Transportation Manager, at his sole authority, may notify Contractor to remove any primary vehicle from service for non-compliance with the vehicle requirements of this Agreement. Contractor shall replace said primary vehicle with a City approved vehicle within ten (10) business days. A suitable replacement vehicle will be placed in service to avoid interruption in service. Vehicle Maintenance Plan and Practice Contractor at its sole cost and expense, shall be responsible for developing and adhering to a vehicle maintenance plan in conformance with OEM guidelines and industry practices. Daily Repairs The passenger amenities and safety appliances listed below shall be functionally inspected each calendar day on all vehicles which are dispatched for Shuttle Service and/or extra service. Defects shall be remedied as an integral part of the inspection process prior to dispatch. • General illumination lights • Headlights • Indicator lamps • Warning lamps • Upholstery condition • Seat frames • Windshield wipers • Emergency lights • Signage • Safety appliances • Wheelchair lift/ramp function • Wheelchair securing devices 21-9827/258329 14 Under no circumstance shall a vehicle be dispatched for S huttic S ervice and/or extra service with any amenity or safety defect. A record of all such inspections shall be maintained by the Contractor and be made available to the City at the City's Transportation Manager's request. Cleaning Standards All vehicles shall have had a minimum of a daily interior cleaning when made available to the City for service. At least once weekly, primary vehicles used to provide shuttle service under this Agreement must receive a detailed cleaning. Weekly cleaning, at a minimum, must include the following: • Exterior Wash • Interior windows cleaned • Mopping of non-carpeted floors with clean water and appropriate cleaning solution • Vacuuming of carpeted floors, if applicable • Wiping down of non-upholstered seats with clean water and appropriate cleaning solution • Vacuuming of upholstered seats, if applicable. Reporting and Recordkeeping Requirements The Contractor shall maintain complete and accurate records of all operator services and other Agreement activities carried out during the Agreement period. Contractor shall maintain records of all maintenance of primary vehicles. The Contractor must supply the following reports to the City as the City requests. The format of these reports shall be developed by the Contractor and subject to the review and written approval of the City. Immediately: • Loss of life, injuries, stoppage or major disruption of service. • Any order imposed by a competent regulatory authority which prevents the continuation of service. Daily: • CONTRACTOR technology will record number of passengers transported on each trip and daily totals. Monthly: (by the tenth (10'h) day of each month) 21-9827258329 15 • CONTRACTOR shall provide all daily trip reports for each Shuttle Service route for the previous month. • CONTRACTOR shall provide a service summary for each Shuttle Service. This summary report will include: o Total passengers transported by each day o Total monthly passengers o Total revenue miles by each day o Total monthly revenue miles C. CITY'S DUTIES AND RESPONSIBILITIES: 1. City will make its best effort to provide storage of shuttle vehicles as a cost savings to the program. However, the City will not be responsible for security or be liable for any damages. D. WORK PROGRAM/PROJECT SCHEDULE: Term: July 12, 2021 through December 12, 2021. Hours of operation: Mon-Sat loam-10pm, Sunday loam-9pm r' j - �.. ■ OGolf Course Club House - } YORKTOWN 4 Bodhi Tree Vegan Cafe Nu Huntinytort Sen Beach � � I ®.SeaLegs Wine Bar (� uke's Huntington Beach K i Huntington Bea Coal Fite Pits I Edison H �r 21-9827/258329 16 EXHIBIT B PRICING Huntington Beach Downtown Shuttle Service Month line items Da" Total 5 active vehicles July 19 $24,338.98 1 standby ADA vehicle 5 active vehicles August 31 $38,100.45 1 standby ADA vehicle 5 active vehicles September 30 $36,953.66 1 standby ADA vehicle 5 active vehicles October 31 $38,100.45 1 standby ADA vehicle 5 active vehicles November 30 $36,953.66 1 standby ADA vehicle 5 active vehicles December 11 $15,164.67 1 standby ADA vehicle Total $189,611.86 21-9827/258329 17 EXHIBIT C ADVERTISEMENT SALES SERVICES I. Contractor shall sell space on the exterior or interior of the vehicles for the display of commercial advertising with the goal of raising revenue to partially finance the cost of the services performed under this Agreement. Contractor agrees to provide the City with a copy of all advertising revenue contracts it executes with businesses, as well as providing an accounting of all advertising revenue in a report to accompany each biweekly invoice. 2. Contractor will pay to the City 50% of Net Advertising Revenue received by the Contractor in connection with all exterior advertising sales; interior video advertising sales; event marketing campaign sales; and marketing efforts for advertising sales (collectively, the "Advertisement Sales Services" and the advertisements so sold, the "Advertisements"). Net Advertising Revenue means the gross advertising revenue received less all other costs and expenses, including but not limited to advertisement design and production costs, incurred by Contractor in connection with providing the Advertisement Sales Services. 3. Contractor shall determine the methods, details, and means for performing the Advertising Sales Services. Contractor will not accept advertising content that includes or is related to the below categories without the prior written approval from the City. a. Discriminates against a person or section of the community on account of race, sex; age, sexual preference, religion, disability, sexual orientation or political belief. b. Contains strong or obscene language. c. Contains sexual or reproductive material, d. Promotes or opposes "adult entertainment" strip clubs and/or the sale of pornographic materials. e. Promotes the sale or distribution of firearms. f. Contravenes any applicable law. 4. Contractor shall invoice each such advertiser for amounts owed for Advertisement Sales Services. Contractor shall provide a service credit in the amount of 50% of Net Advertising Revenue to the City on the following biweekly invoice submitted to the City after receipt by Contractor of the amounts due from each advertiser. Contractor's obligation to submit invoices for amounts owed for Advertisement Sales Services shall be satisfied as to any advertiser by the delivery to such advertiser of three invoices reflecting the amount owed over a ninety (90) day period, whether or not invoiced funds are actually received by Contractor. Contractor invoices shall provide a detailed breakdown in the invoice which includes documentation delineating the gross advertising revenues, itemization of all other costs and expenses, advertiser contracts etc. 21-9827/258329 18 A . DATEIMWnriYYY) CERTIFICATE OF LIABILITY INSURANCE salaozl 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(les)must be endorsed. If SUBROGATION IS WAIVED,sub(ocl to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does net confer rights to the certificate holder In lieu of such endorsoment(s). PRODUCER CONTACT . Beverly Weed Insurance Office of America, Inc. PHONE FAx 1855 West State Road 434 Am .407-788-3000 (arc,Nm:407-788-7933 Longwood FL 32750 IEiooREss: Bevedy.Weed bausa.com INSURER S AFFORDING COVERAGE NAICA INSURER A:American Automobile Insurance Company 21849 INSURED JMOWCUI INSURER a:Insurance Company of the West _ 27847 Circuit Transit, Inc.745 91h Avenue INsuREnc:Fireman's Fund Insurance Company of Ohio 39640 San Diego CA 92101 INSURERD:Underwriters at Lloyd's London IL 15792 INSURER E;Fireman's Fund Insurance(Ampany of Hawaii Inc 39500 IN RERF: COVERAGES CERTIFICATE NUMBER: 1771773695 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE. BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT 10 ALL THE TERMS, EXCLUSIONS AND CONDI 11ONS OF SUCII POLICIES,LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. WSR POLICY EFF POLICY ExP LTR TYPE OF INSURANCE 1NSn POLICY NUMBER 01AU'DOINYM IMMODIYYYnLIMITS C X OONNERCIALOENERALIJABILOY Y USC018161210 5113/2021 511 O EACH OCCURRENCE SL000,000 _ CLAIMS-MADE rE OCCUR PREMISES Fa etaanrce 51W 000 —__ 1_ _MET,EXP MMET, cne��f PERSONAL f AM INJURY S%.",00U GENT AGGRLGAI E LIMT"KIES PER'. GENERAL AGGRFGATE S2,000" POI ICYy uLOC PRODUCTS-CPA PAP AGG f 000000 OmER' f A AUTOMOBILE LIABILITY Y SCV009957-21O1 511312021 SM31=? COMBINED-INGLE LIMITPEA 6043bam) f 100000) X ANY AUTO BODILY WIURY(P.pas.) f ALLOTMlEO SCHEDULED HODLLY WIURY(Pw utd4N.) S _ AUTOS AUTOS X 111lU:U AU 105 X Autos MCFERTY DAMAGE f f E X UMBRELLA LIAR OCCUR US0012IYI21U 913r1021 511 W022 EACH OCCURRENCE _ $5,000,000 EXCESS 1-Mb CIAIMS.MADE AGGREGATE SS,o000DO -0 I RETENTIONS S a WARNERS COMPENSATION Y V,FL504912502 3I1IM21 11I2022 X PER OTM- AND EMPLOYEW 1-JASILITY YIN I LH ANY PROPRIETCAMARTNERIEXECUnVE E.L.EACH ACCIDENT S 1,0000W OFFICERMEMBER EXCLUDED] ONIA (ManCalwy In NH) LLDISEA.4E-EAEMPLOYE ff„Do�OUo Bye 6 11,a VlWar DESCRIPTION OF OPERATIONS beats, E.L.DISEASE-POLICY LIMIT SI000000 D Cyber Lroblity ESJ032059M14 erlerN20 9O8r1021 Unal MCarerapa 2p00,000 DESCMPMNOFOPERATHINSILOCAnONSIVEMCLEf (ACORD 101,AOm11mN RomaneScMEute,maybe anacTM 11 more spat.larepWrFE( Excess General Liability-Fireman's Fund Insurance Company Policy Number.USCO1271721 U-Effective 5113a 1-5l13a2 APPROVED AS TO FORM Umll:$5.000.000 Excess Auto Liablldy-Fireman's Furl Insurance Company BY: GATES Policy Number.US y02209821 U-Effective 5113a1-W13/22 iICHAE Limit:$1,D00,000 CITY ATTORNEY Sea Attached... CITY OP HUNTINGTON BEACH CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Cityof Huntington Beach 2000 Main Street Huntington Beach CA 92648 AUTHORIZED PEPRESENTATNE 4)1988-2014 ACORO CORPORATION. All rights reserved. ACORD 26(2014101) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: JAMJINC-01 LOC k: ACO° ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY NAMED INSURED Insurance Office of America,Inc. Circuit Transit, Inc. 745 91h Avenue POLICY NUMBER San Diego CA 92101 CARRIER MAIC COB! EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE City of Huntington Beads,its officers,elected or appointed officials,employees,agents and volunteers are named as additional insured as required by Witten Contract as their interest may appear. I i i I ACORD 101 (2008I01) ®2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Allianz Polley No:USC016164210 Fireman's Fund Insurance Company Named Insured:Clrmil Trarssll Inc Forms Schedule, Continued Additional Insured -Mortgagee, Assignee, or Receiver CG 20 18 04 13 Additional Insured-Designated Person or Organization CG 20 26 04 13 Exclusion-Access or Disclosure of Confidential or Personal Information and Data- CG 21 06 05 14 Related Liability-With Limited Bodily Injury Exception Communicable Disease Exclusion CG 21 32 05 09 Exclusion-Coverage C-Medical Payments CG 21 35 10 01 Employment-Related Practices Exclusion CG 21 47 12 07 Total Pollution Exclusion with a Hostile Fire Exception CG 21 55 09 99 Waiver of Transfer Rights of Recovery Against Others to Us CG 24 04 05 09 Complete Lead Poisoning and Lead Contamination Exclusion CG 70 92 03 19 Complete Asbestos Exclusion CG 70 93 03 19 Amendment to Pollution Exclusion CG 71 70 03 19 Multicover-Without Medical Payments CG 71 9303 19 Fungi or Bacteria Exclusion CG 72 77 03 19 Emergency First Aid Endorsement CG 72 66 12 08 Cross Suds Exclusion (Any Insured) CG 72 94 03 19 New York Changes-Commercial General Liability Coverage Form CG 01 63 07 11 Illinois Changes-Cancellation and Nonrenewal CG 02 00 01 18 New York Changes-Transfer of Duties When a Limit of Insurance Is Used Up CG 26 21 1091 California Changes CG 32 34 01 05 Inland Marine Contractor's Equipment Certified Acts of Terrorism Exclusion 145913 01 15 Economic or Trade Sanctions Compliance 145985 06 14 Calculation of Premium IL 00 03 09 08 Common Policy Conditions IL 00 17 11 98 Detrimental Code Exclusion 145901 01 02 Florida Changes-Warranties CM 01 01 11 85 Florida Changes CM 01 16 02 12 Florida Changes-Legal Action Against Us IL 01 75 09 07 Florida Changes-Cancellation and Nomenewal IL 02 55 03 16 Amendment of Policy-Additional Condition _ IL 70 05 12 90 Contractor's Equipment Coverage Section-Declarations Contractor's Equipment Coverage Form CE 4210 04 16 Commercial Inland Marine Conditions NIM 1050 02 16 cow,"o x1a An-...cja Po,4 US kwv.c ,,ea d'Nr cows i Allianz Fireman's Fund Insurance Company A Stock Company 225 W.Washington Street,Suite 1000 Chicago,IL 0060"84 Policy Number: USCO16194210 Named Insured: Circuit Transit Inc Sequential Endorsement Number:4 Change Endorsement Effective 05/13/2021 12:01 A.M.,Standard Time at the mailing address of the Named Insured. This is an Endorsement only.Other than changes shown,all other pre-existing coverage remains in full force and effect.Premium adjustments are shown: Premium Summary: Premium Due: $0 The following change(s)are made to this policy: Ct♦MpMO]a19 anu Ua Imlram Ce m.aM/+IvaoneG. Pi 10] Allianz Ali Policy Number: USC016194210 sequential Endorsement Number:4 Named Insured: Circuit Transit Inc GENERAL LIABILITY The following General Liability Form/Endorsement(s)are amended to apply as shown: Additional Insured•Designated Person or Organization (CG 20 28 0413) Name of Additional Insured Person(s)or Organizations(s) CITY OF NEW ROCHELLE DEPARTMENT OF DEVELOPMENT 8 NEW ROCHELLE INDUSTRIAL DEVELOPMENT AGENCY 515 NORTH AVENUE NEW ROCHELLE,NY 10801 RE:CIRCULATOR TRANSPORTATION SERVICES CITY OF NEWPORT BEACH, ITS ELECTED OR APPOINTED OFFICERS,EMPLOYEES,AGENTS AND VOLUNTEERS 101)CIVIC CENTER DRIVE NEWPORT BEACH, CA 92558 Metropolitan Transit System(MTS) 1501 National Avenue,Suite 100 San Diego, CA 92113 City of West Palm Beach 401 Clematis Street West Palm Beach, FL 33401 California Department of Community Services and Development Field Operations Unit 2389 Gateway Oaks Drive, Suite 100 Sacramento, CA 95833 City of Huntington Beach, its officers,elected or appointed Officials, employees,agents and volunteers 2000 Main Street Huntington Beach CA 92648 WpYiWi C MIS NW¢ekCW IUOa W Ylwacv Calyany.N rVft nuelwp. Pape 202 POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG 20 26 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s)Or Organlzation(s): Information required to complete this Schedule, if not shown above,will be shown in the Declarations. A. Section II—Who Is An Insured is amended to include as an additional insured the person(s)ororganization(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: 1. In the performance of your ongoing operations;or 2. In connection with your premises owned by or rented to you. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement,the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds,the following is added to Section III—Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. a:2oxa u O Im'n�ro Swk�s 01M1oe,Mc..2012 i�pn 1 M 1 Allianz MultiCover® - Without Medical Payments - CG 71 93 01 14 Policy Amendment(s)Commercial General Liability Coverage Form Your Commercial General Liability Coverage Form Is revised as follows: 1. Broadened Named Insured A. SECTION II -WHO IS AN INSURED, item 3., Is deleted and replaced by the following: 3. Any organization that you own at the inception of this policy,or newly acquire or form during the policy period, and over which you maintain during the policy period majority ownership or majority interest, will qualify as a Named Insured if: a. There is no other similar insurance avallable to that organization;and b. The first Named Insured shown in the Declarations has the responsibility of placing Insurance for that organization;and c. That organization Is incorporated or organized under the laws of the United States of America. However: (1) Coverage under this provision 3 is afforded only until the next occurring annual anniversary of the beginning of the policy period shown in the Declarations,or the end of the policy period,whichever is earlier;and (2) Coverage A does not apply to bodily injury or property damage that occurred before you acquired or formed the organization;and (3) Coverage B does not apply to personal and advertising injury arising out of an offense committed before you acquired or formed the organization. B. SECTION 11-WHO IS AN INSURED,the last paragraph, is deleted and replaced by the following: No person or organization Is an insured with respect to the conduct of any current or past partnership,joint venture, or limited liability company that Is not shown as a Named Insured in the Declarations. However, this does not apply to a limited liability company that meets all of the conditions in Section II - Who Is An Insured, Item 3.,above. 2. Additional Insured If an Additional Insured endorsement Is attached to this policy that specifically names a person or organization as an additional insured,then this Section 2. Additional Insured does not apply to such person or organization. SECTION II-WHO IS AN INSURED, subsection 2.e.,is added as follows: e. Any person or organization is included as an additional insured, but only to the extent such person or organization Is legally obligated to pay for bodily injury, property damage or personal and advertising injury caused by your acts or omissions.With respect to the Insurance afforded to such additional Insured, all of the following additional provisions apply: (1) You have agreed in a written insured contract that such person or organization be added as an additional Insured under this policy; (2) The bodily Injury, property damage or personal and advertising injury for which said person or organization is legally obligated to pay occurs subsequent to the execution of such Insured contract; (3) The most we will pay Is the lesser of either the amount of insurance available under the applicable Limits of Insurance shown In the Declarations or the limits of insurance required by the insured contract; (4) The Insurance afforded to such additional Insured only applies to the extent permitted by law; call mat t/ OiprvN021n ArMu GkbalRm U k..Cvryvry.Al ridb mmnvd. bbdduuEdnnmp/eiowlmb"v[[Irma Su O .I..x bpem,isodt Pp1d Allianz ill (5) Such person or organization Is an additional Insured only with respect to: (a) Their ownership, maintenance, or use of that part of the premises, or land, owned by, rented to, or leased to you, except such person or organization is not an insured with respect to structural alterations, new construction or demolition operations performed by or on behalf of such person or organization; (b) Your ongoing operations performed for that Insured; (c) Their financial control of you, except such person or organization Is not an Insured with respect to structural alterations,new construction or demolition operations performed by or on behalf of such person or organization; (d) The maintenance, operation or use by you of equipment leased to you by such person or organization; (e) Operations performed by you or on your behalf and for which a state or political subdivision has issued a permit,provided such operations are not performed for such state or political subdivision, and are not included within the products-completed operations hazard;or (f) Their liabllity as a grantor of a franchise to you. (6) This insurance does not apply to bodily injury, property damage, personal and advertising injury, occurrence or offense: (a) Which takes place at a particular premises after you cease to be a tenant of that premises; (b) Which takes place after all work. Including materials, parts or equipment furnished In connection with such work to be performed by or on behalf of the additional insured at the site of the covered operations,has been completed; (c) Which takes place after that portion of your work out of which the injury or damage arises has been put to its intended use by any other person or organization other than another contractor or subcontractor engaged In performing operations for a principal as part of the same project;or (d) Which takes place after the expiration of any equipment lease to which (4)(d)above applies; (7) With respect to architects,engineers or surveyors,coverage does not apply to bodily injury,property damage or personal and advertising injury arising out of the rendering or failure to render any professional services by or for you,including: (a) The preparing,approving,or failing to prepare or approve,maps,shop drawings,opinions,reports, surveys,field orders,change orders,or drawings and specifications; or (b) Supervisory, Inspection, architectural, or engineering services. These exclusions apply 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 offensewhich caused the personal or advertising Injury,involved the rendering of or the failure to render any professional services by or for you. 3. Additional Insured-Vendors If an Additional Insured Vendors endorsement is attached to this policy that specifically names a person or organization as an additional insured, then this Section 3. Additional Insured -Vendors does not apply to that person or organization. Unless the products-completed operatlons hazard is excluded from this policy, SECTION II - WHO IS AN INSURED, Item 2.f. Is added as follows: f. Any vendor of yours Is Included as an additional insured,but only with respect to bodily injury or property damage caused by your products which are distributed or sold In the regular course of the vendor's business,subject to the following additional exclusions: CG 7193 01 14 02D13 cmiRd.LIS1 oC pary.aAph d apr*w nvbrW dl�nrca Servima Obm,Inc,xN Il�pemimL P+po 2d r Allianz ill (1) The Insurance afforded such vendor does not apply to: (a) Bodily injury or property damage for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have In the absence of the contract or agreement; (b) Any express warranty unauthorized by you; (c) Any physical or chemical change in the product made Intentionally by the vendor; (d) Repackaging, unless unpacked solely for the purpose of Inspection,demonstration, testing,or the substitution of parts under Instructions from the manufacturer, and then repackaged in the original container; (a) Any failure to make 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; (� Demonstration, Installation, servicing or repair operations, except such operations performed by the vendor In full compliance with the manufacturer's written Instructions at the vendor's premises In connection with the sale of the product; (g) 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;or (h) Bodily injury or property damage arising out of the liability of the vendor for its own acts or omissions or those of Its employees or anyone else acting on its behalf. (2) This insurance does not apply to 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; (3) The most we will pay Is the lesser of either the amount of Insurance available under the applicable Limits of Insurance shown In the Declarations or the limits of Insurance required by the contract or agreement;and (4) The insurance afforded to such vendor only applies to the extent permitted by law. 4. Additional Insured-Limited Primary and Noncontributory Provision The following is added as a second paragraph to Section IV Conditions,Condition 4. Other Insurance, following paragraph b.(2): However, If you have added any person, organization or vendor of yours as an additional Insured to this policy by way of this MulliCover®endorsement and have agreed In a written Insured contract that this Insurance Is primary and non-contributory with other Insurance available to that additional Insured,this Insurance Is primary and we will not seek contribution from such additional Insured's other Insurance, provided that the additional insured Is a Named Insured under such other insurance. 5. Waiver of Subrogation SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, Item 8., Is deleted and replaced by the following: 8. Transfer of Rights of Recovery Against Others to Us and Blanket Waiver of Subrogation a. If the insured has rights to recover all or part of any payment we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after the loss to Impair those rights.At our request, the insured will bring suit or transfer those rights to us and help us enforce them. b. If required by a written insured contract executed prior to the occurrence or offense, we waive any right of recovery we may have against any person or organization named In such Insured contract, because of payments we make for Injury or damage arising out of your operations or your work for I that person or organization. C0 71 93 01 14 Ccq�i9N O]I117Aiac CbEo1R4 Wkvexu Cmmv ASnaWIP1aVnd. Yddm.Wvftd m.I w d 1.Savior O.Inc,n:J,re µmaim Pp ]d7 f Alllanz Ali 0. Cancellation -90 Days Common Policy Conditions endorsement IL0017, A. Cancellation, Item 2.b. Is deleted and replaced by the following: b. 90 days before the effective dale of cancellation if we cancel for any other reason. 7. Liberalization SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, the following is added as an additional Condition: Liberalization If we adopt a change in our forms or rules which would broaden the coverage provided by any form that is a part of this policy without an extra premium charge, the broader coverage will apply to this policy. This extension Is effective upon the approval of such broader coverage In your state. S. Fire, Explosion, Sprinkler Leakage,or Lightning Legal Liability Coverage A. SECTION I - COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, 2. Exclusions,the last paragraph,is deleted and replaced by the following: Exclusions c.through n.do not apply to damage by fire,explosion,sprinkler leakage,or lightning to premises while: 1. Rented to you; 2. Temporarily occupied by you with the permission of the owner;or 3. Managed by you under a written agreement with the owner. A separate limit of insurance applies to this coverage as described in Section III-LIMITS OF INSURANCE. B. SECTION III-LIMITS OF INSURANCE, Item B.. Is deleted and replaced by the following: 0. Subject to 5. above, the Damage to Premises Rented To You Limit shown in the Declarations, for property damage to any one premises while rented to you,or in the case of damage by fire,explosion, sprinkler leakage, or lightning while rented to you, temporarily occupied by you with the permission of the owner,or managed by you under a written agreement with the owner,Is the greater of: a. $1,000,000 Any One Premises;or b. The Damage To Premises Rented To You Limit shown in the Declarations. C. SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, 4. Other Insurance, b. Excess Insurance, (1)(a),items(1)and (ill), are deleted and replaced by the following: (i) That is Fire, Explosion, Sprinkler Leakage or Lightning insurance for premises while rented to you, temporarily occupied by you with permission of the owner,ormanaged by you under a written agreement with the owner; (III) That is Insurance purchased by you to cover your liability as a tenant for property damage to premises rented to you,temporarily occupied by you with the permission of the owner,or managed by you under a written agreement with the owner; or D. SECTION V-DEFINITIONS,9, Insured Contract,Item a.,Is deleted and replaced by the following: (a) A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire,explosion,sprinkler leakage,or lightning to premises while rented to you,temporarily occupied by you with permission of the owner, or managed by you under a written agreement with the owner,Is not an insured contract; 9. Damage to Invitees'Automobiles from Falling Trees or Tree Limbs-Limited Coverage 00 71 93 01 14 rTr*07017AF Gmtl Re WgeulOnm Gm{mr{N,{,74marN1 uhe mppghmd wa%,W of 1u..senior d6m.I..+ih h wnYfun Pa 4d7 i Allianz ill This coverage applies to direct physical damage to automobiles owned by invitees subject to all of the following: 1. Provided such damage originates from trees on premises owned,managed,leased or rented by an Insured; 2. Coverage applies only to Invitees of an insured or an Insured's tenant; 3. Such damage Is directly caused by wind-driven falling trees or tree limbs; 4. The most we will pay for any one loss Is the lowest of: a. the actual cash value of the damaged automobile as of the time of the loss; or b. the cost of repairing the damaged automobile; or c. the cost of replacing the damaged automobile with another automobile of like kind and quality. Regardless of the number of occurrences, losses or claims, this coverage Is subject to a limit of$25,000 In any one policy period; 5. This coverage Is not subject to the General Liability General Aggregate Limit;and 6. We will make payments under this coverage without regard to fault. 10. Non-Owned or Chartered Watercraft SECTION I - COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, 2. Exclusions,item g.Aircraft,Auto,or Watercraft,item(2), is deleted and replaced by the following: (2) A watercraft you do not own that is: (a) Less than 51 feet long;and (b) Not being used for public transportation or as a common caller; 11. Chartered Aircraft SECTION I - COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, 2. Exclusions,g.Aircraft,Auto Or Watercraft,item(6), Is added as follows: (6) An aircraft in which you have no ownership interest and that you have chartered with crew. 12. Coverage Territory-Broadened SECTION V-DEFINITIONS,Item 4.a., Is deleted and replaced by the following: a. The United States of America (including its territories and possessions), Puerto Rico, Canada, Bermuda, the Bahamas,The Cayman islands and the British Virgin Islands; 13. Personal and Advertising Injury-Contractual Unless personal and advertising injury is excluded from this policy the following applies: SECTION I-COVERAGES,COVERAGE B, 2. Exclusions, item a.,is deleted. 14. Fellow Employee Coverage SECTION II-WHO IS AN INSURED,2.a., Item(1)Is deleted and replaced by the following: (1) Personal and advertising injury: However,subsections(a), (b), (c)and (d)of Item(1)remain unchanged. 15. Bodily Injury Definition-Broadened SECTION V-DEFINITIONS,3.Bodily Injury Is deleted and replaced by the fallowing: Bodily Injury means bodily Injury,sickness or disease sustained by a person including death or mental anguish resulting from any of these at any time.Mental anguish means any type of mental or emotional illness or disease. 16. Expected or Intended Injury-Amendment to Exclusion W 71 M 01 14 G:FA /oID1l Ana,eacedwWushar em Nriyw,e.m,ea. Y u wprthW mI d dliuimaSenior OFo,Im,wfe bpvnuiai Pq 5d7 Allianz ill SECTION I.Coverage A Bodily Injury and Property Damage Liability,2.EXCLUSIONS,a. Expected or Intended Injury, is deleted and replaced by the following: a. Expected or Intended Injury Bodily Injury or property damage expected or intended from the standpoint of the insured. This exclusion does not apply to bodily injury or property damage resulting from the use of reasonable force to protect persons or property. 17. Unintentional Failure to Disclose Hazards SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, Item 6. Representations, the following is added: d. If you unintentionally fall to disclose any hazards existing at the Inception date of this policy,we will not deny coverage under this Coverage Form because of such failure. However, this provision does not affect our right to collect additional premium or exercise our right of cancellation or non-renewal. 18. Supplementary Payments-Increased Limits SECTION I-COVERAGES,SUPPLEMENTARY PAYMENTS-COVERAGES A AND B,items 1.b.and 1.d.,are deleted and replaced by the following: b. The cost of ball bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies.We do not have to furnish these bonds. d. All reasonable expenses Incurred by the insured at our request to assist us In the Investigation or defense of the claim or suit,Including substantiated loss of earnings up to$500 a day because of time off from work. 19. Duties in the Event of an Occurrence,Offense, Claim or Suit-Amended SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, item 2.a. is deleted and replaced by the following: (1) You must see to It That we or any licensed agent of ours are notified of a General Liability occurrence or offense which may result in a claim as soon as practicable after it becomes known to: (a) You, if you are an individual; (b) Your partner or member, if you are a partnership or joint venture; (c) Your member,if you are a limited liability company, (d) Your executive officer if you are an organization other than a partnership,joint venture or limited liability company;or (e) Your authorized representative or insurance manager. Knowledge of an occurrence or offense by persons other than those listed above does not imply that those listed above also have such knowledge. (2) To the extent possible, notice should include: (a) How,when and where the occurrence or offense took place; (b) The names and addresses of any Injured persons and witnesses; and (c) The nature and location of any injury or damage arising out of the occurrence or offense. 20, Non Employment Discrimination Liability Unless personal and advertising injury Is excluded from this policy the following applies: A. SECTION V-DEFINITIONS, 14. Personal and advertising injury,item h.is added as follows: h. Discrimination. B. B. SECTION V-DEFINITIONS, Item 23. is added as follows: 03 7193 01 14 OA 3Alm lid,!Neki US h,uvre CmV"a MM1al+m+pvC myrighwn Bdw dlnwr Saviour Osoo,Im,w "P=*W". P.W6d7 Allianz ill 23. Discrimination means the unlawful treatment of a person or class of persons because of their specific race, color, religion,gender, age, or national origin In comparison to one or more persons who are not members of the specified class. C. SECTION I - COVERAGES, COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY, 2. Exclusions,the following are added: q. Discrimination directly or indirectly related to the past employment, employment or prospective employment of any person or class of persons by any insured; r. Discrimination directly or indirectly related to the sale, rental, lease or sublease or prospective sale, rental,lease or sublease of any dwelling or permanent lodging by or at the direction of any insured; s. Discrimination,if insurance thereof is prohibited by law; or t. Fines, penalties, specific performance, or Injunctions levied or Imposed by a governmental entity, governmental code,law,or statute because of discrimination. All other terms and conditions of the policy apply. 00 p7/�N mer 1�930114 Ca ndidea CM13 N'au Glomi fiv4 W h..C ry.N dyh imawd. 1 �' w *.Wdb��arca 5m 0f:m, brxmetivi P,p.7d7 II Alllanz I CHANGE ENDORSEMENT Policy Number: SC V 009957 21 01 Effective Date: 05/13/2021 Named Insured: CIRCUIT TRANSIT, INC. Endorsement Number: 005 Premium Due at Endorsement Effective Date $0.00 The Premium shown Includes: Commerclal Auto : $0.00 Forms Changed: Additional Insured-Primary and Non-Contributory With Other Insurance CA 71 06 07 17 O Insurance Services Office, Inc., 2012 Page 1 of 3 i ITEM TWO Schedule Of Coverages And Covered Autos t Endorsement Schedules The following have been Added and Changed: I I i ADDITIONAL INSURED—PRIMARY AND NON-CONTRIBUTORY WITH OTHER INSURANCE (CA 71 06 07 17)Schedule Scheduled Persons or Organizations With Respect to Designated Project or Contract City of Huntington Beach, its officers, elected or City of Huntington Transportation Services appointed officials,employees, agents and volunt CITY OF NEW ROCHELLE DEPARTMENT OF CIRCULATOR TRANSPORTATION SERVICES DEPARTMENT& NEW ROCHELLE INDUSTRIAL DEVELOPMENT AGENCY CITY OF NEW ROCHELLE DEPARTMENT OF CIRCULATOR TRANSPORTATION SERVICES DEVELOPMENT CITY OF NEW ROCHELLE DEPARTMENT OF CIRCULATOR TRANSPORTATION SERVICES DEVELOPMENT& NEW ROCHELLE INDUSTRIAL DEVELOPMENT AGENCY &CITY CITY OF NEWPORT BEACH, ITS ELECTED OR CONTRACT WITH THE CITY OF NEWPORT APPOINTED OFFICERS, EMPLOYEES, AGENTS BEACH AND VOLUNTEERS 0 Insurance Services Office, Inc., 2009 Page 2 of 3 ITEM THREE Schedule Of Covered Autos You Own m Insurance Services Office, Inc., 2009 Page 3 of 3