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HomeMy WebLinkAboutHill's Bros. Lock & Safe, Inc. - 2023-05-01 (2) • • SERVICE AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND HILL'S BROS. LOCK & SAFE, INC. FOR COMPREHENSIVE DOOR, LOCK AND REPAIR/INSTALLATION 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 Hill's Bros. Lock & Safe, Inc. hereinafter referred to as "Contractor." Recitals A. The City desires to retain a Contractor having special skill and knowledge in the field of comprehensive door, lock and repair/installation services. B. Contractor represents that Contractor is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a comparable company or 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 Contractor shall provide all services as described in Exhibit"A," which is attached hereto and incorporated into this Agreement by this reference. These services shall sometimes hereinafter be referred to as the "Project." Pau I Contractor hereby designates)Atl)1 index, 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. 23-12466/303442 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." The total sum to be expended under this Agreement, shall not exceed Two Hundred Twenty Five Thousand Dollars ($225,000.00) during the term of this Agreement. Additional services required by other divisions and/or departments shall not count towards the Public Works Operations annual not to exceed amount. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. c. Contractor shall be paid pursuant to the terms of Exhibit"B." 4. Term Time is f t e essence of this Agreement. The services of Contractor are to commence ' / or as soon as practicable after the execution of this Agreement by City (the "Co ncement Date") and terminate three (3) years from Commencement Date,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 time for performance of the tasks identified in Exhibit"A" are generally to be shown in Exhibit"A." This schedule and Term may be amended to benefit the Project if mutually agreed to in writing by City and Contractor. In the event the Commencement Date precedes the Effective Date, Contractor shall be bound by all terms and conditions as provided herein. 5. 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. 23-12466/303442 2 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. 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 ($1,000,000) per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, 23-12466/303442 3 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. Automobile Liability Insurance Contractor shall obtain and furnish to City an automotive liability insurance policy covering the work performed by it hereunder. This policy shall provide coverage for Contractor's automotive liability in an amount not less than One Million Dollars ($1,000,000.00) per occurrence and a separate "Additional Insured Endorsement" page listing both the policy number and naming the"City of Huntington Beach, its officers, elected or appointed officials, employees, agents and volunteers" as additional insured on the endorsement. The above-mentioned insurance shall not contain a self-insured retention, "deductible" or any similar form of limitation on the required coverage except with the express written consent of City. 11. 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 he 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. 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. 23-12466/303442 4 12. 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. 13. 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. 14. 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. 15. Exclusivity and Amendment This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument 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. 23-12466/303442 5 16. 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 any of the services which are the subject to this Agreement performed by City personnel or by other Contractors retained by City. 17. 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. 18. 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 City as the situation shall warrant, or by enclosing the same in a sealed 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 Hill's Bros. Lock & Safe, Inc. Attn: Director of Public Works Attn: Paul Linder 2000 Main Street 9177 Garden Grove Blvd. Iuntington Beach, CA 92648 Garden trove, CA i1894 19. 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. 20. Modification No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 23-12466/303442 6 21. 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. 22. 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 competent jurisdiction 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 he curtailed and limited only to the extent necessary to bring it within the requirements of the law. 23. 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 he deemed an original instrument as against any party who has signed it. 24. 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. 25. 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 Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for City; 23-12466/303442 7 and City shall not be liable for payment of any legal services expenses incurred by Contractor. 26. 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. 27. 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. 28. 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. 29. 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. • 23-12466/303442 8 30. Attorney's Fees In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall hear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the non-prevailing party. 31. Survival Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement, shall so survive. 32. Governing Law This Agreement shall be governed and construed in accordance with the laws of the State of California. 33. 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. 34. Entirety (a) The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm'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. (b) All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. 23-12466/303442 9 35. 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 Mayor. This Agreement shall expire when terminated as provided herein. CONTRACTOR CITY OF HUNTINGTON BEACH, a HILL'S BROS. LOCK & SAFE, INC. municipal corporation of the State of California BY: A-4Z--,- 4,----- I 4'7 ugED Mayor PA-1 r L L i,VD EJ2_ Print name L ITS: (circle one) Chairmai�s dent/ 6? 944411444) Vice President City Clerk 11/.24/23V AND By: P4U L, L c Am Eir<, INITIATED AND APPROVED: Print name ITS: (circle one) Secretary/Chief Financial Officer/6st. Secretary-Treasur9 Director of Public Works APPROVED AS ORM: City Attorney a REVIE ED A D APP. OVED: ,..10 Cityger 23-12466/303442 10 EXHIBIT "A" A. STATEMENT OF WORK: (Narrative of work to he performed) Comprehensive door, lock and repair/installation services. B. CONSULTANT'S DUTIES AND RESPONSIBILITIES: C. CITY'S DUTIES AND RESPONSIBILITIES: D. WORK PROGRAM/PROJECT SCHEDULE: 23-12466/303442 11 EXHIBIT "B" Payment Schedule (Hourly Payment) A. Hourly Rate CONSULTANT'S fees for such services shall be based upon the following hourly rate and cost schedule: "SEE ATTACI-IED EXHIBIT B" B. Travel Charges for time during travel are not reimbursable. C. Billing 1, All billing shall be done monthly, in fifteen (15) minute increments and matched to an appropriate breakdown of the time that was taken to perform that work and who performed it. 2, Each month's bill should include a total to date, That total should provide,at a glance, the total fees and costs incurred to date for the project. 3. A copy of memoranda, letters, reports, calculations and other documentation prepared by CONSULTANT may be required to be submitted to CITY to demonstrate progress toward completion of tasks. In the event CITY rejects or has comments on any such product, CITY shall identify specific requirements for satisfactory completion. 4. CONSULTANT shall submit to CITY an invoice for each monthly payment due. Such invoice shall: A) Reference this Agreement; B) Describe the services performed; C) Show the total amount of the payment due; D) Include a certification by a principal member of CONSULTANT's firm that the work has been performed in accordance with the provisions of this Agreement; and E) For all payments include an estimate of the percentage of work completed. Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an invoice, CITY shall notify CONSULfANT in writing of the reasons for non-approval and the schedule of performance set forth in Exhibit "A" may at the option of CITY be suspended until the parties agree that past performance by CONSULTANT is in, or has been brought into compliance, or until this Agreement has expired or is terminated as provided herein. 5. Any billings for extra work or additional services authorized in advance and in writing by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the information required above, and in addition shall list the hours expended and hourly rate charged for such time. Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or additional services requested, and if CITY is satisfied that the statement of hours worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement. EXHIBIT B GENERAL MAINTENANCE SERVICES RFQ BID SHEET DOOR - AUTOMATIC SLIDING AND AUTOMATIC SWING DOOR INSTALLATION, REPAIR ANI) MAINTENANCE Contractor Name: HtLLS Lan( E 111 E, t/t/C . Date: '06'ZZ" Instructions for completing Bid Sheet: 1. Complete Bid Sheet and enter pricing for ONLY those services your firm can provide. 2. Attach and include in your submittal only those bid sheets you are quoting. 3, Attach a current rate sheet/fee schedule and include with your submittal. 4, Fill in the company name above and the boxes below, circle $ or% sign for markup. ITEM NORMAL BUSINESS HOURS AFTER HOURS & WEEKENDS $ 1ZO, 00 $ 2y0.Do Labor hourly rate Materials markup $ ore 2 5 S or /0 25' HILL'S BROS. LOCK &SAFE, INC. 9177 GARDEN GROVE BLVD. GARDEN GROVE,CA 92844 714-636-5652 W0 f1EOOMMENO MEDEOQ SEOUFUTY LOCKS' GENERAL MAINTENANCE SERVICES RFQ BID SHEET DOOR INSTALLATION, REPAIR AND MAINTENANCE (WOOD, STEEL, STOREFRONT AND GLASS) Contractor Name: (-1 t t LS !?-(zUS, LOCK . (citik-6) l NC, Date: 9 26'"2'2 Instructions for completing Bid Sheet: 1, Complete Bid Sheet and enter pricing for ONLY those services your firm can provide. 2. Attach and include in your submittal only those bid sheets you are quoting. 3. Attach a current rate sheet/fee schedule and include with your submittal, 4. Fill in the company name above and the boxes below, circle $ or% sign for markup. ITEM NORMAL BUSINESS HOURS Labor hourly rate $ I Z0.otJ Materials markup $ or ' Ii i - HILL'S BROS. LOCK&SAFE, INC. 9177 GARDEN GROVE BLVD. GARDEN GROVE,CA 92844 714-636-S652 WE RECOMMEND MEOEOO SECURITY LOCKSI II GENERAL MAINTENANCE SERVICES RFQ BID SHEET FENCING AND GATE INSTALLATION, REPAIR AND AUTOMATIC GATE OPENERS (WROUGHT IRON, ALUMINUM, CHAIN LINK, WOOD, ETC) Contractor Name: I4ILLS (3(z4S, � vGK e S14FE ANC. Date: Instructions for completing Bid Sheet: 1. Complete Bid Sheet and enter pricing for ONLY those services your firm can provide. 2. Attach and include in your submittal only those hid sheets you are quoting. 3. Attach a current rate sheet/fee schedule and include with your submittal. 4. Fill in the company name above and the boxes below, circle $ or% sign for markup. ITEM RATE Labor hourly rate $ I ZQ . Materials markup $ ore) it it HILL'S BROS, LOCK f3c SAFE, INC. 0177 GARDEN GROVE BLVD. GARDEN GROVE,CA 92844 714-636 .5652 WE RECOMMEND MEDECO SECURITY LOOKSI GENERAL MAINTENANCE SERVICES RFQ BID SHEET LOCKSMITH SERVICES Contractor Name: ALES f3(R°S. d CK MFE1 t NC' Date: -22- Instructions for completing Bid Sheet: I. Complete Bid Sheet and enter pricing for ONLY those services your firm can provide. 2, Attach and include in your submittal only those hid sheets you are quoting. 3. Attach a current rate sheet/fee schedule and include with your submittal. 4, Fill in the company name above and the boxes below, circle $ or% sign for markup. ITEM NORMAL BBUSINESS HOURS AFTER HOURS -WEEKENDS _ Labor hourly rate $ f 2-0- O D $ Materials markup $ of ' 25- $ or HILL'S BROS. LOCK & SAFE, INC, 9177 GARDEN GROVE BLVD, GARDEN GROVE,CA 92844 714-636-5652 WE RECOMMEND MEDECC SECURITY LOOKS! HILL'S BROS, LOCK SAFE, INC. CITY OF HUNTINGTON BEACH GENERAL MAINTENANCE SERVICES 09/30/22 Effective 09/2022 Service and Labor Rates Service Call: Monday- Friday 8:00 AM - 5:00 PM $79.00 Monday- Friday 5:01 PM - 7:59 AM $158.00 Saturday, Sunday, Holidays $158,00 Labor: Monday- Friday 8:00 AM 5:00 PM (1/2 hour min,) $120.00 Hr Monday- Friday 5:01 PM - 7:59 AM (2 hour min.) $240.00 Fir Saturday, Sunday, Holidays (2 hour min.) $240.00 Hr Per Item Charges: l?ekeyinq Charge: ALL MASTERKEYING ADD$4.00 Mortise and Lever/Knob Cylinder $15,50 in shop,$22.50 in field Exit Device $45.00 Glass Door- Bottom Rail Lock $65,00+ Switch or Cam lock $25.00 IC Core- Best,Arrow,Falcon,Schlage $25.00 Unit Lock $65.00 High Security- Medeco,Primus,Assa $35.00 Automotive standard rekey $45.00 Automotive high security rekey $55.00 Lock Opening Pick or Bypass to Open Lock $25.00 Oriq_inatinq Keys: Impression Keys $45,00+ Decode Locks $25.00 Standard Automotive $45.00+ High Security Automotive $145.00+ Safe and Vault Services: Combination Changes $65.00 In shop, $85,00 In field Combination Hand Change $85.00 in shop, $95.00 in field Call-in combo from serial II $95.00 non-refundable Opening Safes $120.00 Fir Safe Services and Repair $120,00 Hr HILL'S BROS. LOCK &SAFE, INC. 9177 GARDEN GROVE BLVD. GARDEN GROVE,CA 92844 714-636. 5652 WE RECOMMEND MEDEOO SECURITY LOCKSI rt l 1 OATE(A1Ai1pDJYYYY)ACORD - �r�r+�� CERTIFICATE OF LIABILITY INSURANCE 12/8/2022 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 tho oortiflcato holdor Is an ADDITIONAL INSURED, the polloy(los) must be ondorsod, If SUBROGATION IS WAIVED, subjoct to the torms and conditions of the policy, certain policies may require an ondorsomont. A statement on this corttflcato doos not confer rights to lho corllficato holdor In lieu of such ondorsomont(s), PRODUCER N tIEACT RICHARD TYLER INSURANCE AGENCY PHONE (949J 713-5881 I FAX (NC n Fxo INC.Not; 1 Orchard Road, Ste 210 Mamrtyler@farmersagent.com Lake Forest, CA 92630 License#: 0757027 INSURER(S) AFFORDING COVERAGE NAM a INSURgH,A:.0 N A 20443 INSURED HILLS BROS, LOCK & SAFE INC. INSURERS: 9177 GARDEN GROVE BLVD. INsuRER0,EMPLOYERS PREFERRED INS. CO, 10346 GARDEN GROVE, CA 92841 INSURERD: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: TI IIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED MOVE 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 DY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED DYPAID CLAIIMS..yy p yy t TLIR TYPE OF INSURANCE INSO WVo AWL 1 POLICY NUMBER - (SOYA)YYY)JMM!PRIYYYYI LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE S 1,000,000 CLAIMS-MADE D OCCUR PRE M SES Ea()ma S 1,000,000 ry + iy 48/0 /2208/01/23 MEOEXP(Anyonoporson) $ 10r000 B PP A XY :::: › PERSONAL&AOV INJURY 5 1 r 0 0 0 r 0 0 0 GEM.AGGREGATE LIMIT APPLIES PER; GENERAL AGGREGATE S 2,000,000 POLICY�X J[CT LOC HY PRODUCTS•COMP/OP AGO 5 2,000,000 I QTFIER; M HAEL E.GATF c.CITY ATTOPDIE` S AUTOMOBILE LIABILITY CITY OF HUNTINGTON E1E.1T..1-1 FECaigeosiNot.EUMiT S 1,000,000 X ANYAUTO BODILY INJURY(Par parson) S ..X ALL OWNED ~" SCHEDULED BUA 7012823743 08/01/2208/01/23 BODILY INJURY(Per accident) S A — AUTOS AUTOS X Y PROPERTY DAMAGE X HIRED AUTOS X AUTOSWNED (Per accldonl) s _."' — S X UMBRELLA LIAR X OCCUR B 7012877253 08/01/22 08/01/23 EACIE OCCURRENCE S 3,000,000 p, EXCESS LIAR CLAIMS-MADE AGGREGATE S 3,0-0 0,000 DED )al RETENTIONS 10,000 7 tt S WORKERS COMPENSATION X I S TATUTE I I HRH AND EMPLOYERS'ORPARTNER EIG5032951-00 08/16/2208/16/231,000 000 ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ � C OFFICER/MEMBER EXCLUDED? NIA Y 1000 000 (Mandatory In NH) E.L.DISEASE•EA EMPLOYEE S , Il os,doscriboundor 1,000,000 D SCRIrrIQN OF OPERATIONS balm E.L.DISEASE•POLICY LIh1IT _S • DESCRIPTION OF OPERATIONS I LOCATIONS IVEHICLES (ACORD 10t,AddibrwlnomarksSchodulo,mayhaailuchodif morospacoIsrognitod) Umbrella coverage is following form. 30 day notice of cancellation ( except 10 day notice for non-payment of premium ) re: all operations General Liability is Primary/Non-Contributory Waiver of subrogation applies to General Liability & Worker's Compensation Certificate holder is listed as Additional Insured CERTIFICATE HOLDER CANCELLATION City of Huntington Beach SHOULD ANY OF THE MOVE DESCRIUEI)POLIOII!S BE CANCELLED BEFORE 2000 Main Street THE EXPIRATION DATE THEREOF, NOTICE WILL OE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Huntington Beach, CA. 92648 AUTHORIZED REPRESENTATIVE IT' "—'-- I 01988-2014 ACORD CO PORATION.All rights roservod. f ACORD 25(2014/01) The ACORD name and logo aro registered marks of ACORD SB146935E CNA (Ed. 10-19) Policy# B 7012877222 BLANKET ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - WITH PRODUCTS COMPLETED OPERATIONS COVERAGE AND LIABILITY EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESSOWNERS LIABILITY COVERAGE PART BUSINESSOWNERS COMMON POLICY CONDITIONS TABLE OF CONTENTS I. Blanket Additional Insured—including Primary-Noncontributory provision II. Liability Extension Coverages A. Bodily Injury—Expanded Definition B. Broad Knowledge of Occurrence C. Estates,Legal Representatives and Spouses D. Fellow Employee First Aid E. Personal and Advertising injury—Discrimination or Humiliation F. Personal and Advertising Injury—Broadened Eviction G. Waiver of Subrogation—Blanket H. Additional Insured--Extended Coverage I. BLANKET ADDITIONAL INSURED PROVISIONS A. Who Is An Insured is amended to include as an additional insured any person or organization whom you are required by"written contract"to add as an additional insured on the Businessowners Liability Coverage Form. B. The insurance provided to the additional Insured is limited as follows: 1. The person or organization is an additional insured only with respect to liability for"bodily injury," "property damage,"or"personal and advertising injury"caused in whole or in part by: a. Your acts or omissions;or b. The acts or omissions of those acting on your behalf in the performance of your ongoing operations specified in the"written contract";or c. "Your work" that is specified in the written contract but only for "bodily Injury" or "property damage" included in the products completed operations hazard, and only if: (1) The"written contract"requires you to provide the additional Insured such coverage;and (2) This Coverage Part provides such coverage. 2. Subject always to the terms and conditions of this policy, including the limits of Insurance, we will not provide such additional insured with: a. Coverage broader than required by the"written contract"; b. A higher limit of insurance than required by the"written contract." SB146935E(Ed. 10-19) Page 1 of 4 Copyright,CNA All Rights Reserved. SB146935E (Ed. 10-19) C. The insurance provided to the additional insured does not apply to "bodily injury,' "property damage," or "personal and advertising Injury"arising out of: a. The rendering of, or the failure to render, any professional architectural, engineering, or surveying services, including: (1) The preparing approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys,field orders,change orders or drawings and specifications;and (2) Supervisory,inspection, architectural or engineering activities;or b. Any premises or work for which the additional insured is specifically listed as an additional insured on another endorsement attached to this Policy. D. Notwithstanding anything to the contrary in the Other insurance condition of the Businessowners Common Polley Conditions, this insurance is excess of all other insurance available to the additional insured, whether on a primary, excess, contingent or any other basis. But if required by the "written contract," this insurance will be primary and non-contributory relative to insurance on which the additional Insured is a Named Insured. E. Under Businessowners Liability Conditions, the Duties in the Event of Occurrence, Offense, Claim or Suit condition is amended to add the following additional conditions applicable to the additional insured is amended as follows: An additional insured under this endorsement will as soon as practicable: a. Give us written notice of an "occurrence" or an offense which may result in a claim or "suit" under this insurance,and of any claim or"suit"that does result; b. Tender the defense and indemnity of any claim or"suit" to any other insurer or self insurer whose policy or program applies to all loss we cover under this Policy; c. Except as provided in Paragraph B.3. of this endorsement, agree to make available any other insurance the additional insured has for a loss we cover under this Policy; and d. Send us copies of all legal papers received, and otherwise cooperate with us in the investigation, defense, or settlement of the claim or"suit." We have no duty to defend or indemnify an additional insured under this endorsement until we receive from the additional Insured written notice of a claim or"suit." F. Under Liability and Medical Expense Definitions,the following definition is added: "Written contract"means a written contract or agreement that requires you to make a person or organization an s additional insured on this policy,provided the contract or agreement: a. Is currently in effect or becomes effective during the term of this policy;and s b. Was executed prior to: (1) The"bodily injury"or"property damage";or M (2) The offense that caused the"personal and advertising injury"; for which the additional insured seeks coverage. II. LIABILITY EXTENSION COVERAGES — It is understood and agreed that this endorsement amends the Businessowners Liability Coverage Form. If any other endorsement attached to this policy amends any provision also amended by this endorsement, then that other endorsement controls with respect to such provision,and the changes made by this endorsement to such provision do not apply. =_ A. Bodily Injury—Expanded Definition Under Liability and Medical Expenses Definitions,the definition of"Bodily Injury"is deleted and replaced with the following: ____ SB146935E(Ed. 10-19) Page 2 of 4 Copyright,CNA MI Rights Reserved. SB146935E , (Ed. 10-19) "Bodily injury" means physical injury, sickness or disease sustained by a person, including death, humiliation, shock, mental anguish or mental injury by that person at any time which results as a consequence of the physical injury,sickness or disease. B. Broad Knowledge of Occurrence Under Businessowners Liability Conditions, the condition entitled Duties In The Event of Occurrence, Offense,Claim or Suit is amended to add the following: Paragraphs a. and b. apply to you or to any additional Insured only when such "occurrence," offense, claim or "suit"is known to: (1) You or any additional insured that is an individual; (2) Any partner, If you or an additional insured is a partnership; (3) Any manager, if you or an additional insured is a limited liability company; (4) Any"executive officer"or insurance manager, if you or an additional insured is a corporation; (5) Any trustee, if you or an additional insured is a trust;or (6) Any elected or appointed official, if you or an additional insured is a political subdivision or public entity. This paragraph e.applies separately to you and any additional insured. C. Estates, Legal Representative and Spouses The estates, heirs, legal representatives and spouses of any natural person insured shall also be insured under this policy;provided, however,coverage is afforded to such estates, heirs,legal representatives and spouses only for claims arising solely out of their capacity as such and, in the case of a spouse, where such claim seeks damages from marital common property, jointly held property, or property transferred from such natural person insured to such spouse. No coverage is provided for any act, error or omission of an estate, heir, legal representative or spouse outside the scope of such person's capacity as such, provided however that the spouse of a natural person Named Insured and the spouses of members or partners of Joint venture or partnership Named Insureds are insureds with respect to such spouses'acts,errors or omissions in the conduct of the Named insured's business. D. Fellow Employee First Aid Coverage In the section entitled Who is An Insured,paragraph 2.a.1.is amended to add the following: The limitations described in subparagraphs 2.a.1.(a), (b) and (c) do not apply to your"employees" for "bodily injury"that results from providing cardiopulmonary resuscitation or other first aid services to a co-"employee" or "volunteer worker"that becomes necessary while your"employee" is performing duties in the conduct of your business. Your "employees" are hereby insureds for such services. But the insured status conferred by this provision does not apply to "employees" whose duties in your business are to provide professional health care services or health examinations. E. Personal and Advertising Injury—Discrimination or Humiliation 1. Under Liability and Medical Expenses Definitions, the definition of"Personal and advertising Injury" is amended to add the following: h. Discrimination or humiliation that results in injury to the feelings or reputation of a natural person, but only if such discrimination or humiliation Is: (1) Not done intentionally by or at the direction of: (a) The insured;or (b) Any"executive officer,"director, stockholder, partner, member or manager(if you are a limited liability company)of the insured; and (2) Not directly or indirectly related to the employment, prospective employment, past employment or termination of employment of any person or person by any Insured. SB146935E(Ed. 10-19) Page 3 of 4 Copyright,CNA All Rights Reserved. • SB146935E (Ed. 10-19) 2. Under B. Exclusions, 1. Applicable to Business Liability Coverage, the exclusion entitled Personal and Advertising injury is amended to add the following additional exclusions: (15)Discrimination Relating to Room, Dwelling or Premises Caused by discrimination directly or indirectly related to the sale,rental,lease or sub-lease or prospective sale,rental,lease or sub-lease of any room,dwelling or premises by or at the direction of any insured. (16)Employment Related Discrimination Discrimination or humiliation directly or indirectly related to the employment, prospective employment, past employment or termination of employment of any person by any insured. (17)Fines or Penalties Fines or penalties levied or imposed by a governmental entity because of discrimination. 3. This provision (Personal and Advertising Injury — Discrimination or Humiliation) does not apply if Personal and Advertising Injury Liability is excluded either by the provisions of the Policy or by endorsement. F. Personal and Advertising Injury-Broadened Eviction Under Liability and Medical Expenses Definitions, the definition of "Personal and advertising injury" is amended to delete Paragraph c.and replace It with the following: c. The wrongful eviction from, wrongful entry into, or invasion of the right of private occupancy of a room dwelling or premises that a person or organization occupies committed by or on behalf of its owner, landlord or lessor. G. Waiver of Subrogation—Blanket We waive any right of recovery we may have against: 1. Any person or organization with whom you have a written contract that requires such a waiver. H. Additional Insured—Extended Coverage When an additional insured is added by this or any other endorsement attached to this Coverage Part, the section entitled Who is An Insured is amended to make the following natural persons insureds: If the additional insured is: 1. An Individual,then his or her spouse is an insured; 2. A partnership or joint venture,then its partners, members and their spouses are insureds; 3. A limited liability company,then its members and managers are insureds; 4. An organization other than a partnership,joint venture or limited liability company, then its executive officers, directors and shareholders are Insureds;or 2 5. Any type of entity,then its employees are insureds; but only with respect to locations and operations covered by the additional insured endorsement's provisions, and only with respect to their respective roles within their organizations. Furthermore,employees of additional insureds are not insureds with respect to liability arising out of: Q (1) "Bodily injury"or"personal and advertising injury"to any fellow employee or to any natural person listed in paragraphs 1. through 4.above; (2) "Property damage"to property owned,occupied or used by their employer or by any fellow employee;or (3) Providing or failing to provide professional health care services. City of Huntington Beach,its officers,elected or appointed officials,employees,agents and volunteers All other terms and conditions of the Policy remain unchanged. S6146935E(Ed. 10-19) Page 4 of 4 Copyright,CNA All Rights Reserved. CNA CNAB(09--14) Policy# B 7012877222 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY- OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: BUSINESSOWNERS COMMON POLICY CONDITIONS The following is added to Paragraph H.Other insurance and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: 1. The additional insured is a Named Insured under such other insurance;and 2. You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. All other terms and conditions of the Policy remain unchanged. City of Huntington Beach, its officers,elected or appointed officials,employees, agents and volunteers CNA80103XX(09-14) Page 1ofl Copyright,CNA Ail Rights Reserved.Includes copyrighted material of Insurance Services Office,Inc.,with Its permission G CNA (Ed.6Q 9 Policy#B 7012877222 BLANKET ADDITIONAL INSURED AND LIABILITY EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: BUSiNESSOWNERS LIABILITY COVERAGE FORM BUSINESSOWNERS COMMON POLICY CONDITIONS TABLE OF CONTENTS I. Blanket Additional Insured Provisions A. Additional Insured—Blanket Vendors B. Miscellaneous Additional insureds C. Additional Provisions Pertinent to Additional Insured Coverage 1.a. Primary—Noncontributory provision 1.b. Definition of"written contract" 2. Additional Insured—Extended Coverage II. Liability Extension Coverages A. Bodily Injury—Expanded Definition B. Broad Knowledge of Occurrence C. Estates, Legal Representatives and Spouses D. Fellow Employee First Aid E. Legal Liability—Damage to Premises F. Personal and Advertising injury—Discrimination or Humiliation G. Personal and Advertising Injury—Broadened Eviction H. Waiver of Subrogation—Blanket I. BLANKET ADDITIONAL INSURED PROVISIONS A. ADDITIONAL INSURED—BLANKET VENDORS Who Is An Insured is amended to include as an additional insured any person or organization (referred to below as vendor) with whom you agreed under a "written contract" to provide insurance, but only with respect to "bodily injury"or"property damage"arising out of "your products"which are distributed or sold in the regular course of the vendor's business, subject to the following additional exclusions: 1. 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 ze 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 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 SB146932G(10-19) Page 1 of 7 Copyright,CNA All Rights Reserved. • SB146932G (Ed. 10-19) 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. 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. This provision 2. does not apply to any vendor included as an insured by an endorsement Issued by us and made a part of this Policy. 4. This provision 2. does not apply if "bodily Injury" or "property damage" included within the "products- completed operations hazard"is excluded either by the provisions of the Policy or by endorsement. B. MISCELLANEOUS ADDITIONAL INSUREDS 1. Who Is An Insured is amended to include as an insured any person or organization (called additional insured) described in paragraphs 3.a. through 3.j. below whom you are required to add as an additional insured on this policy under a"written contract." 2. However, subject always to the terms and conditions of this policy, Including the limits of Insurance, we will not provide the additional Insured with: a. A higher limit of insurance than required by such"written contract;" b. Coverage broader than required by such "written contract" and in no event greater than that described by the applicable paragraph a,through k.below;or c. Coverage for "bodily Injury" or "property damage" included within the "products-completed operations hazard." But this paragraph c. does not apply to the extent coverage for such liability is provided by paragraph 3.j.below. Any coverage granted by this endorsement shall apply only to the extent permitted by law. 3. Only the following persons or organizations can qualify as additional insureds under this endorsement: a. Controlling Interest Any persons or organizations with a controlling interest in you but only with respect to their liability arising out of: (1) such person or organization's financial control of you;or (2) Premises such person or organization owns, maintains or controls while you lease or occupy these premises; provided that the coverage granted to such additional Insureds does not apply to structural alterations, new construction or demolition operations performed by or for such additional insured. b. Co-owner of Insured Premises A co-owner of a premises co-owned by you and covered under this Insurance but only with respect to the co-owners liability for"bodily injury," "property damage" or"personal and advertising Injury" as co- owner of such premises. c. Grantor of Franchise Any person or organization that has granted a franchise to you, but only with respect to such person or organization's liability for"bodily Injury," "property damage,"or "personal and advertising Injury" as grantor of a franchise to you. SB146932G(10-19) Page 2 of 7 Copyright,CNA All Rights Reserved. SB146932G . (Ed. 10-19) d. Lessor of Equipment Any person or organization from whom you lease equipment, but only with respect to liability for"bodily injury," "property damage" or "personal and advertising injury" caused in whole or in part by your maintenance, operation or use of such equipment, provided that the "occurrence" giving rise to such "bodily injury" or "property damage" or the offense giving rise to such "personal and advertising injury"takes place prior to the termination of such lease. e. Lessor of Land Any person or organization from whom you lease land,but only with respect to liability for"bodily Injury," "property damage" or"personal and advertising Injury"arising out of the ownership, maintenance or use of that specific part of the land leased to you, provided that the "occurrence" giving rise to such "bodily injury" or "property damage" or the offense giving rise to such "personal and advertising injury,"takes place prior to the termination of such lease.The insurance hereby afforded to the additional insured does not apply to structural alterations, new construction or demolition operations performed by, on behalf of or for such additional insured. f. Lessor of Premises An owner or lessor of premises leased to you, or such owner or lessor's real estate manager, but only with respect to liability for "bodily injury," "property damage" or "personal and advertising injury" arising out of the ownership, maintenance or use of such part of the premises leased to you, and provided that the "occurrence" giving rise to such "bodily injury"or"property damage"or the offense giving rise to such"personal and advertising Injury,"takes place prior to the termination of such lease. The insurance hereby afforded to the additional insured does not apply to structural alterations, new construction or demolition operations performed by,on behalf of or for such additional Insured. g, Mortgagee,Assignee or Receiver A mortgagee, assignee or receiver of premises but only with respect to such mortgagee, assignee, or receiver's liability for "bodily injury," "property damage" or"personal and advertising injury" arising out of the ownership, maintenance,or use of a premises by you. This insurance does not apply to structural alterations, new construction or demolition operations performed by,on behalf of or for such additional insured. h. State or Political Subdivisions A state or government agency or subdivision or political subdivision that has issued a permit or authorization, but only with respect to such government agency or subdivision or political subdivision's R liability for"bodily injury,""property damage"or"personal and advertising Injury"arising out of: (1) The following hazards In connection with premises you own, rent, or control and to which this insurance applies: (a) The existence, maintenance, repair, construction, erection, or removal of advertising signs, g awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoistaway M openings,sidewalk vaults,street banners,or decorations and similar exposures;or (b) The construction,erection,or removal of elevators;or (c) The ownership, maintenance or use of any elevators covered by this insurance;or (2) The permitted or authorized operations performed by you or on your behalf. But the coverage granted by this paragraph does not apply to: i� (a) "Bodily injury", "property damage" or "personal and advertising injury" arising out of operations performed for the state or government agency or subdivision or political subdivision; or MOON (b) "Bodily injury" or "property damage" included within the "products-completed operations hazard." With respect to this provision's requirement that additional insured status must be requested under a "written contract,"we will treat as a"written contract"any governmental permit that requires you to add the governmental entity as an additional insured. SB146932G (10-19) Page 3 of 7 Copyright,CNA All Rights Reserved. SB146932G (Ed. 10-19) i. Trade Show Event Lessor With respect to your participation in a trade show event as an exhibitor, presenter or displayer, any person or organization whom you are required to Include as an additional insured, but only with respect to such person or organization's liability for "bodily injury," "property damage," or "personal and advertising Injury"caused by: a. Your acts or omissions;or b. Acts or omissions of those acting on your behalf; in the performance of your ongoing operations at the trade show premises during the trade show event. J. Other Person or Organization Any person or organization who is not an additional insured under paragraphs a. through I. above. Such additional Insured Is an insured solely for "bodily injury," "property damage" or "personal and advertising injury"for which such additional insured is liable because of your acts or omissions. The coverage granted by this paragraph does not apply to any person or organization: (1) For "bodily injury," "property damage," or "personal and advertising Injury" arising out of the rendering or failure to render any professional services; (2) For "bodily Injury" or "property damage" included in the "products-completed operations hazard."But this provision(2)does not apply to such"bodily injury"or"property damage"if: (a) It is entirely due to your negligence and specifically results from your work for the additional insured which is the subject to the"written contract"; and (b) The"written contract"requires you to make the person or organization an additional Insured for such"bodily injury"or"property damage";or (3) Who is afforded additional insured coverage under another endorsement attached to this policy. C. ADDITIONAL PROVISIONS PERTINENT TO ADDITIONAL INSURED COVERAGE 1. With respect only to additional insured coverage provided under paragraphs A. and B.above: a. The BUSINESSOWNERS COMMON POLICY CONDITIONS are amended to add the following to the Condition entitled Other Insurance: This insurance is excess of all other insurance available to an additional Insured whether primary, excess,contingent or on any other basis. However, if a"written contract"requires that this insurance be either primary or primary and noncontributing, then this insurance will be primary and non-contributory relative solely to insurance on which the additional insured Is a named insured. b. Under Liability and Medical Expense Definitions,the following definition is added: "Written contract" means a written contract or agreement that requires you to make a person or organization an additional insured on this policy,provided the contract or agreement: (1) Is currently in effect or becomes effective during the term of this policy; and (2) Was executed prior to: (a) The"bodily injury"or"property damage;"or (b) The offense that caused the"personal and advertising injury"; for which the additional insured seeks coverage. 2. With respect to any additional insured added by this endorsement or by any other endorsement attached to this Coverage Part,the section entitled Who is An Insured is amended to make the following natural persons Insureds. If the additional Insured is: a. An individual,then his or her spouse is an insured; SB146932G(10-19) Page 4 of 7 Copyright,CNA All Rights Reserved. SB146932G . (Ed. 10-19) b. A partnership or joint venture, then its partners, members and their spouses are insureds; c. A limited liability company,then its members and managers are insureds; d. An organization other than a partnership, joint venture or limited liability company, then its executive officers,directors and shareholders are insureds;or e. Any type of entity,then its employees are insureds; but only with respect to locations and operations covered by the additional insured endorsement's provisions, and only with respect to their respective roles within their organizations. Furthermore, employees of additional insureds are not insureds with respect to liability arising out of: (1) "Bodily Injury" or"personal and advertising injury" to any fellow employee or to any natural person listed in paragraphs a.through d.above; (2) "Property damage"to property owned, occupied or used by their employer or by any fellow employee;or (3) Providing or failing to provide professional health care services. II. LIABILITY EXTENSION COVERAGES It is understood and agreed that this endorsement amends the Businessowners Liability Coverage Form. If any other endorsement attached to this policy amends any provision also amended by this endorsement, then that other endorsement controls with respect to such provision,and the changes made by this endorsement to such provision do not apply. A. Bodily injury—Expanded Definition Under Liability and Medical Expenses Definitions, the definition of"Bodily Injury" is deleted and replaced by the following: "Bodily injury" means physical injury, sickness or disease sustained by a person, including death, humiliation, shock, mental anguish or mental injury by that person at any time which results as a consequence of the physical injury,sickness or disease. B. Broad Knowledge of Occurrence Under Businessowners Liability Conditions, the Condition entitled Duties In The Event of Occurrence, Offense, Claim or Suit is amended to add the following: Paragraphs a. and b. above apply to you or to any additional Insured only when such "occurrence," offense, claim or"suit"is known to: g (1) You or any additional insured that is an individual; N (2) Any partner,if you or an additional insured is a partnership; g (3) Any manager,if you or an additional insured is a limited liability company; 1 (4) Any"executive officer"or insurance manager,if you or an additional Insured is a corporation; (5) Any trustee, If you or an additional Insured is a trust;or (6) Any elected or appointed official, If you or an additional insured is a political subdivision or public entity. This paragraph applies separately to you and any additional insured. e C. Estates, Legal Representatives and Spouses The estates, heirs, legal representatives and spouses of any natural person insured shall also be insured under this policy;provided, however,coverage is afforded to such estates, heirs,legal representatives and spouses only — for claims arising solely out of their capacity as such and, in the case of a spouse, where such claim seeks damages from marital common property, jointly held property, or property transferred from such natural person insured to such spouse. No coverage is provided for any act, error or omission of an estate, heir, legal representative or spouse outside the scope of such person's capacity as such, provided however that the spouse of a natural person Named Insured and the spouses of members or partners of Joint venture or partnership Named Insureds are insureds with respect to such spouses'acts,errors or omissions in the conduct of the Named Insured's business. SB146932G (10-19) Page 5 of 7 Copyright,CNA All Rights Reserved. ' SB146932G , (Ed. 10-19) D. Fellow Employee First Aid Coverage in the section entitled Who Is An Insured,paragraph 2.a.1.Is amended to add the following: The limitations described in subparagraphs 2.a.1.(a), (b) and (c) do not apply to your "employees" for "bodily injury" that results from providing cardiopulmonary resuscitation or other first aid services to a co-"employee"or "volunteer worker" that becomes necessary while your"employee" Is performing duties in the conduct of your business. Your "employees" are hereby insureds for such services. But the Insured status conferred by this provision does not apply to "employees" whose duties in your business are to provide professional health care services or health examinations, E. Legal Liability—Damage To Premises 1. Under B. Exclusions, 1. Applicable to Business Liability Coverage, Exclusion k. Damage To Property, is replaced by the following: k. Damage To Property "Property damage"to: 1. Property you own, rent or occupy, including any costs or expenses incurred by you, or any other person, organization or entity, for repair, replacement, enhancement, restoration or maintenance of such property for any reason, Including prevention of injury to a person or damage to another's property; 2. Premises you sell, give away or abandon, if the "property damage" arises out of any part of those premises; 3. Property loaned to you; 4. Personal property in the care,custody or control of the insured; 5. That particular part of any real property on which you or any contractors or subcontractors working directly or Indirectly in your behalf are performing operations, if the"property damage"arises out of those operations;or 6. That particular part of any property that must be restored, repaired or replaced because"your work" was incorrectly performed on it. Paragraph 2 of this exclusion does not apply if the premises are "your work" and were never occupied, rented or held for rental by you. Paragraphs 1, 3, and 4,of this exclusion do not apply to"property damage" (other than damage by fire or explosion)to premises: (1) rented to you: (2) temporarily occupied by you with the permission of the owner,or (3) to the contents of premises rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section D— Liability and Medical Expenses Limits of Insurance. Paragraphs 3,4, 5, and 6 of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph 6 of this exclusion does not apply to "property damage" included in the "products- completed operations hazard." 2. Under B. Exclusions, 1.Applicable to Business Liability Coverage, the following paragraph is added, and replaces the similar paragraph, if any, beneath paragraph (14) of the exclusion entitled Personal and Advertising Injury: Exclusions c, d,e,f, g, h, I,k, I, m, n, and o, do not apply to damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner or to the contents of premises rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to this coverage as described in Section D. Liability And Medical Expenses Limits Of Insurance. SB146932G (10-19) Page 6 of 7 Copyright,CNA All Rights Resented. SB146932G (Ed. 10-19) 3. The first Paragraph under item 5. Damage To Premises Rented To You Limit of the section entitled Liability And Medical Expenses Limits Of Insurance is replaced by the following: The most we will pay under Business Liability 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, including contents of such premises rented to you for a period of 7 or fewer consecutive days, is the Damage to Premises Rented to You Limit. The Damage to Premises Rented to You Limit is the greater of: a. $1,000,000; or b. The Damage to Premises Rented to You Limit shown in the Declarations. F. Personal and Advertising injury—Discrimination or Humiliation 1. Under Liability and Medical Expenses Definitions, the definition of "personal and advertising injury" Is amended to add the following: h. Discrimination or humiliation that results in injury to the feelings or reputation of a natural person, but only if such discrimination or humiliation is: (1) Not done intentionally by or at the direction of: (a) The insured;or (b) Any"executive officer,"director, stockholder, partner, member or manager(if you are a limited liability company)of the insured;and (2) Not directly or indirectly related to the employment, prospective employment, past employment or termination of employment of any person or person by any insured. 2. Under B. Exclusions, 1. Applicable to Business Liability Coverage, the exclusion entitled Personal and Advertising Injury Is amended to add the following additional exclusions: (15)Discrimination Relating to Room, Dwelling or Premises Caused by discrimination directly or indirectly related to the sale,rental,lease or sub-lease or prospective sale, rental,lease or sub-lease of any room, dwelling or premises by or at the direction of any insured. (16)Employment Related Discrimination Discrimination or humiliation directly or indirectly related to the employment, prospective employment, past employment or termination of employment of any person by any insured. (17)Fines or Penalties Fines or penalties levied or imposed by a governmental entity because of discrimination. 3. This provision (Personal and Advertising Injury — Discrimination or Humiliation) does not apply if Personal and Advertising injury Liability is excluded either by the provisions of the Policy or by N endorsement. G. Personal and Advertising injury-Broadened Eviction Under Liability and Medical Expenses Definitions, the definition of "Personal and advertising injury" is amended to delete Paragraph c.and replace it with the following: c. The wrongful eviction from, wrongful entry into, or invasion of the right of private occupancy of a room dwelling or premises that a person or organization occupies committed by or on behalf of its owner, landlord or lessor. H. Waiver of Subrogation—Blanket We waive any right of recovery we may have against: a. Any person or organization with whom you have a written contract that requires such a waiver. All other terms and conditions of the Policy remain unchanged. SB146932G(10-19) Page 7 of 7 City of Huntington Beach,its officers,elected or appointed officials,employees, agents and volunteers Copyright,CNA All Rights Reserved.