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HomeMy WebLinkAboutFence Menders, Inc. - 2024-12-02 (2) SERVICE AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND FENCE MENDERS,INC. FOR INSTALLATION OF PRIVACY CHAIN LINK FENCE 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 Fence Menders, Inc, hereinafter referred to as "Contractor." Recitals A. The City desires to retain a Contractor having special skill and knowledge in the field of installation of chain link fencing. 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." Contractor hereby designates Jeff Hamm, 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. 24-15496/362204 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." The total sum to be expended under this Agreement, shall not exceed Ten Thousand Dollars ($10,000.00) during the term of this Agreement. 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 of the essence of this Agreement. The services of Contractor are to commence 12/02/2.1 g , or as soon as practicable after the execution of this Agreement by City (the "Commencement Date") and terminate one (1)year 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. 24-15496/362204 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, 24-15496/362204 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 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. 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. 24-15496/362204 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. 24-15496/362204 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 Fence Menders, Inc. Attn: Police Chief Attn: Jeff Hamm 2000 Main Street 15336 Nimes Circle Huntington Beach, CA 92648 Irvine, CA 92604 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. 24-15496/362204 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 be 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 be 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; 24-15496/362204 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. 24-15496/362204 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 bear 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. 24-15496/362204 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 FENCE MENDERS, INC. municipal corporation of the State of Califor ' B .�• A J►r Y� Ma or Jeff Hamm Print name ITS: (circle one)Chairma resident ' Vice President City Clerk 1242-121Q5' AND By: INITIATED AND APPROVED: Print name ITS: (circle one) Secretary/Chief Financial C •4--) Officer/Asst. Secretary-Treasurer rv2/Zfe. Police Chief APPROVED AS TO FORM: City Attorney C~ " REVIEWED AND APPROVED: City Manager COUNTERPART 24-15496/362204 10 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 FENCE MENDERS, INC. municipal corporation of the State of California By: Mayor Print name ITS: (circle one) Chairman/President/ Vice President City Clerk AND By: INITIATED AND APPROVED: Print name ITS: (circle one) Secretary/Chief Financial Officer/Asst. Secretary-Treasurer Police Chief APPROVED AS TO FORM: City Attorney REVIEWED AND APPROVED: City Manager COUNTERPART 24-15496/362204 10 EXHIBIT "A" A. STATEMENT OF WORK: (Narrative of work to be performed) Installation of privacy chain link fencing. B. CONSULTANT'S DUTIES AND RESPONSIBILITIES: SEE ATTACHED EXHIBIT A C. CITY'S DUTIES AND RESPONSIBILITIES: D. WORK PROGRAM/PROJECT SCHEDULE: 24-15496/362204 11 EXHIBIT A & B FENCE MENDERS, INC PROPOSAL-REVISED Ornamental Iron Repair&Repaint Specialists State Lic,#316492 P.O.Box 959 Tustin,CA 92781-9998 Phone: (714)437-3194 info@fencemendersinc.com To:Huntington Beach Police and Community Foundation Bid#27470. PO Box 4538 Huntington Beach,CA 92605 Phone:(714)473-1743 I Date: I0/22/2024 Job Name/Location Attn:Josh Westling Huntington Beach Police Departments k-9 Unit 18381 Gothard St. Huntington Beach,CA 92648 Email: josh-fi estiinecm.com Estimated by:Jeff Hamm Fax: We hereby submit specifications and estimates for: CONK ENTIAILITY NOTICE:UNAUTHORIZED INTERCEPTION O EPTION IS PROHIBITED BY FEDERAL LAW. [Elect"' tions Privacy Act of 1': 18 U.S.C.§§2701-27021 This message is intended exclusively for the individuals or entity to which it is iaddressed.Not to he forwarded or shared without prior vnitten autboxixtation, I. INSTALL APPROXIMATELY(60)LINEAR FEET OF 6'H SLAT MASTER PRIVACY CHAIN LINK AND (I)3'W PEDESTRIAN GATE FENCING TO CLOSE OFF FIRE DEPARTMENT AREA FROM POLICE PARKING LOT. 1. 2 3/8"Posts set in concrete footings(spread soils onsite), 1 5/8"top rail,aluminum ties,and tan privacy slat. 2. Pedestrian gate will have heavy duty hinges and lockable fork latch. `1l Item I. Total $7,250.00 10 The jtan e lc has caused severe steel ater #1 shortages res king in unpredictable cost l creases. Propa,js4a I price will iliac,'se ,t the same rime i s the material increase until 4 pprov l date. II. ITEMS FURNISHED BY FENCE MENDERS 1. Installation crew and equipment. 2. All materials will be 16-ga.Minimum wall thickness,unless otherwise noted. 3. Primed with rust inhibitive red oxide primer at repairs only,unless otherwise noted. 4. All materials and workmanship at repaired areas are guaranteed for one(1)year. 5. All materials and workmanship on new fencing is guaranteed for two(2)years. (*) Damages caused by abuse,accidents,normal wear and tear and natural causes are not covered under this warranty. Page 2 of 2 III.ITEMS NOT FURNISHED BY FENCE MENDERS 1. Plans and permits are owner's responsibility.Fence Menders can obtain plans and permits at an additional cost. 2. Due to unforeseen conditions Fence Menders is not responsible for underground electrical,safety loops,block waft,or plumbing damages that may occur during repairs or installation. 3. Electrical/sprinkler line repair/removal. 4. Any signs,decorations,or anything else hanging on fence/gate must be removed prior to any repairs or replacement of fence and are to be rehung by another party.Any removal of plants or foliage is not included either,and additional charges may occur if not removed prior to job commencement. 5. Any fencing that is not accessible for inspection will not be included on this proposal and may result in an additional cost. 6. Any additional items not identified on this proposal. 7. Soil movement or Ground shifting—Fence Menders cannot warranty or guarantee any setting,gate binding,not plumb or level work resulting in heaving or settling soil 8. Wood Fence Expanding of Contracting—Wood is susceptible to expansion and contraction due to changes in temperature and humidity.Gap spacing between pickets will vary depending on these factors. Fence Menders recommends applying a protective layer of sealer to help minimize moisture absorption and loss,reducing the extent of expansion and contraction. (*)Itemized prices are for convenience and identification purposes only. Any separation or division of total amount may result in additional charges. (*)Fence Menders is AQMD compliant. INSURANCE: Special insurance coverage will be extra charge EXTRAS:In the event Fence Menders is requested to perform any extra work,furnish any material,labor,or service not required by terms of this agreement,the same shall be considered extras and charged for the reasonable value thereof INTEREST ON PAST DI'E OBLIGATION:You will have 30 days from receipt of invoice to notify our office of any uncompleted or unsatisfactory work,or to pay the invoice in full After that time you will be charged a late fee of$50 00 and interest of 2-'A `o compounded monthly until invoice is paid in full LEGAL FEES: In the event of any suit of action initiated,by either Fence Menders,or Customer,to claims or disputes relating to this Agreement,the prevailing party shall be paid its costs and reasonable sum,for its attorney's fees,in connection with said suit,and such costs,and attorney's fees shall be deemed to have occurred from the commencement of such action,and shall be paid,whether or not such action is prosecuted to judgment.Should Fence Menders employ an attorney,to enforce payment of amounts due under this Agreement,Customer shall reimburse Fence Menders for reasonable attorney's fees incurred by Fence Menders,whether or not suit is filed CON'Ir1 ENTIALITY NOTICE:UNAUTHORIZED INTERCEPTION IS PROHIBITED BY FEDERAL LAW. Commurdcations Privacy Act of 1':-`,1a U.S.C.§§2701-27021 This.message is intended exclusively for the individualsoor entity to which it is addressed.biTot t�dne mi s tit p ezr ti xi auth o , We Propose hereby to furnish material'.and labor—complete in accordance with the above specifications,for the sum of: See above pricing. Payment to be made as.follows: 100%due upon completed work. , If accepted proposal exceeds 10k 1/3 is due upon acceptance,1/3 due upon half completion,,balance due in full upon completion. Al material Is guaranteed tribe as spaufied.A.i wark to be rUursr 1teted in a prolow.imitat rsan ier according to standard practices.Any alteration ordeviation thorn above spaaificonana involving extra costs wCC be executed only up n written orders,and will become en extra charger over and above the Authorized Signature estimate,.Alt agreements contingent upon strikes,accidents,or delays beyond our caNrot,tamer to carry fru,tornado,and ether necessary insurance.Our workers are fully covered by Worker's Note:This proposal may be withdrawn by us if not accepted Compensation Insurance. within 30 days. Acceptance of Proposal—The above Wes.Specifications and wodiiions are satisfactory and are hereby accepted.You we authorized to do the work ast 3ted..Payment wit be made as Signature outlined above. Date of Acceptance Signature EXHIBIT "B" Payment Schedule (Fixed Fee Payment) 1. CONSULTANT shall be entitled to monthly progress payments toward the fixed fee set forth herein in accordance with the following progress and payment schedules. ;SEE ATTACHED EXHIBIT B 2. Delivery of work product: A copy of every memorandum, letter, report, calculation and other documentation prepared by CONSULTANT shall 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. 3. CONSULTANT shall submit to CITY an invoice for each monthly progress 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. 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. Each month's bill shall include a total to date. That total shall provide the total fees and costs incurred to date for the project. A copy of memoranda, letters, reports, calculations, and other documentation prepared by CONSULTANT may be required to be submitted to the CITY to demonstrate progress towards completion of tasks. In the event the CITY rejects or has comments, on any such product, CITY shall identify specific requirements for satisfactory completion. 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. If CITY does not approve an invoice, CITY shall notify CONSULTANT 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. 24-15496/362204 12 4. Any billings for extra work or additional services authorized in advance and in writing by CITY shall be invoiced separately to CITY. All extra work or additional services will be in accordance with the extra work or additional services and if CITY is satisfied that the statement of hours worked and costs incurred is accurate. 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. 24-15496/362204 13 t1/016 AC�® DATE(MMIDDIYYYY) CERTIFICATE OF LIABILITY INSURANCE 12/3/2024 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 Bertha Guerrero NAME: Valiant Insurance Agency, Inc. rAjlicONo.FXII: (714)243 9070 FAX No): (626)522-8211 Lic. #0M04649 E-MAIL bguerrero@valiantins.com ADDRESS: 1913 E. 17th Street, Suite 210 INSURER(S)AFFORDING COVERAGE NAIC S Santa Ana CA 92705-3922 INSURER A:Richmond National Insurance Co. 17103 INSURED INSURERB:National Specialty Insurance Co. 22608 INsuRERc:Palomar Specialty Insurance Company 20338 Fence Menders INSURER D: P.O. Box 959 INSURERE: Tustin CA 92781 INSURER E: COVERAGES CERTIFICATE NUMBER:24/25 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. INSR ADOL SUER POLICYEFF POLICYEXP LTR TYPE OF INSURANCE INSn WW1 POLICY NUMBER (MMfDDIYYYY) (MM/DD/YYY17 LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A CL.AIMS•MAOE X OCCUR DAMAGE TORENTED 100,000 PREMISES((Ea occurrence) S R2170507259 9/29/2024 9/29/2025 MED EXP(Any one parson) $ 5,000 PERSONAL S ADV INJURY $ 1,000,000 GERI-AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE S 2,000,000 POLICY X ECT LOC PRODUCTS-COMP/OPAGG $ 2,000,000 OTHER: Dedoubble S $5,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident) B ANY AUTO BODILY INJURY(Per person) S ALL OWNED X SCHEDULED GN1047102 10/29/2024 10/29/2025 BODILY INJURY(Per accident) $ AUTOS AUTOS NON-OSWNED PROPERTY DAMAGE HIRED AUTOS X AUTO (Per acddent) Un nsured motorist comb'ned single $ 50,000 UMBRELLA LIAR OCCUR EACH OCCURRENCE S EXCESS LIAR CLAIMS-MADE AGGREGATE S DED RETENTION$ S WORKERS COMPENSATION X PER OTH- AND EMPLOYERS'LIABILITY YIN _ STATUTEER ANY PROPRIETOR/PARTNER/EXECUTIVE NIA E.L.EACH ACCIDENT S 1,000,000 OFFICC (Mandator In NHER) EXCLUDED? PS1C1268903 4/1/2024 4/1/2025 (Mandatory In NH) E.L.DISEASE-EAEMPLOYEE S 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT S 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) City of Huntington Beach, its officers, elected or appointed officials, employees, agents and volunteers are named as additional insured per the attached CG2010 12/19, CG2037 12/19, Primary Non-Contributory applies per the attached RNGL1145 10/21, Waiver of Subrogation applies per the attached CG2404 12/19, Auto Additional insured applies per the attached NSIC-GMI-BA001 08/19 including Primary Non-Contributo Auto Waiver of Subrogation applies per the attached CA0444 1013, WC waivvpppOVEDIeEMersiii.Kiles the attached WCONO4WSA. BS`' CERTIFICATE HOLDER CANCELLATION ►UHAEL OATES L,)-IY ATTORNEY �p(�(�( SHOULD ANY OF nalXt`OGEfDVa6WII 9ITiCfC1E58E�A'NCELLED BEFORE City of Huntington Beach THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN 2000 Main St. ACCORDANCE WITH THE POLICY PROVISIONS. Huntington Beach, CA 92648 AUTHORIZED REPRESENTATIVE Kevin Markel/KEVIN I O 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD INS025(zo1a01) POLICY NUMBER: RN70507259 COMMERCIAL GENERAL LIABILITY CG20101219 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION BLANKET - AS REQUIRED BY WRITTEN CONTRACT This endorsement modifies insurance provided under the following; COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s)Or Organization(s) Location(s)Of Covered Operations City of Huntington Beach, its officers,elected or appointed 18301 Gothard Ave. officials, employees, agents and volunteers. Huntington Beach,CA 92646 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 additional organization(s) shown in the Schedule, but only exclusions apply: with respect to liability for "bodily injury", "property This insurance does not apply to "bodilyinjury" damage" or "personal and advertising injury' pp Y J ry" or caused, in whole or in part, by: "property damage"occurring after: 1. Your acts or omissions;or 1. All work, including materials, parts or equipment furnished in connection with such 2. The acts or omissions of those acting on your work, on the project (other than service, behalf; maintenance or repairs) to be performed by or in the performance of your ongoing operations for on behalf of the additional insured(s) at the the additional insured(s) at the location(s) location of the covered operations has been designated above. completed; or However: 2. That portion of "your work" out of which the injury or damage arises has been put to its 1. The insurance afforded to such additional intended use by any person or organization insured only applies to the extent permitted by other than another contractor or subcontractor law; and engaged in performing operations for a 2. If coverage provided to the additional insured is principal as a part of the same project. 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 10 12 19 ©Insurance Services Office, Inc.,2018 Page 1 of 2 C. With respect to the insurance afforded to these 2. Available under the applicable limits of additional insureds, the following is added to insurance; Section III -Limits Of Insurance: whichever is less. If coverage provided to the additional insured is This endorsement shall not increase the required by a contract or agreement, the most we applicable limits of insurance, will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement;or Page 2 of 2 ©Insurance Services Office, Inc.,2018 CG 20 10 12 19 POLICY NUMBER: RN70507259 COMMERCIAL GENERAL LIABILITY CG 20 37 1219 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS BLANKET - AS REQUIRED BY WRITTEN CONTRACT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations City of Huntington Beach, its officers, elected or 18301 Gothard Ave. appointed officials,employees, agents and Huntington Beach, CA 92646 volunteers. 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 organization(s) shown in the Schedule, but only Section III -Limits Of Insurance: with respect to liability for "bodily injury" or If coverage provided to the additional insured is "property damage" caused, in whole or in part, by required by a contract or agreement, the most we "your work" at the location designated and will pay on behalf of the additional insured is the described in the Schedule of this endorsement amount of insurance: performed for that additional insured and included in the"products-completed operations hazard". 1. Required by the contract or agreement;or However: 2. Available under the applicable limits of 1. The insurance afforded to such additional insurance; insured only applies to the extent permitted by whichever is less. law; and This endorsement shall not increase the 2. If coverage provided to the additional insured is applicable limits of insurance. 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 37 12 19 ©Insurance Services Office, Inc.,2018 Page 1 of 1 Policy RN70507259 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSUREDS - PRIMARY AND NON- CONTRIBUTORY This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE FORM The following provision is added to this Policy: The insurance provided to additional insureds shall be excess with respect to any other valid and collectible insurance available to additional insureds, unless a written contract specifically requests that this insurance apply on a primary and non-contributory basis, in which case this insurance shall be primary and non- contributory. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. RNGL 1145 1021 Page 1 of 1 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC ON 04 WS A (Ed.01-19) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT—CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy.We will not enforce our right against the person or organization named in the Schedule.(This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule, Blanket Waiver:The additional premium for this endorsement shall be 2%of the California workers'compensation premium otherwise due on such remuneration. Specific Waiver:The additional premium for this endorsement shall be 5%of the California workers'compensation premium otherwise due on such remuneration. Schedule Person or Organization Job Description Blanket Waiver of Subrogation As respects to all CA jobs performed by the named Insured during the policy period where by written contract a waiver of subrogation is required prior to the commencement of work. • • This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below Is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Eflective:04/O1/2024 Policy No.:PSIC12689-03 Endorsement No.: Insured Fence Menders Insurance Company Palomar Specialty Insurance Company Countersigned By WC ON 04 WS A(Ed.01.19) Print Date:4/6/2023 POLICY NUMBER:GMI-0471-02 COMMERCIAL AUTO CA 04 44 10 13 THIS.ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: Fence Menders Endorsement Effective Date: 10/29/2024 SCHEDULE Name(s)Of Person(s)Or Organization(s): Blanket where required by written agreement executed prior to loss Information required to complete this Schedule, if not shown above,will be shown in the Declarations. The Transfer Of Rights Of Recovery Against Others To Us condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident" or the "loss" under a contract with that person or organization. CA 04 4410.13 ©Insurance Services Office, Inc., 2011 Page 1 of 1 Policy#RN70507259 CG 24 041219 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: Commercial General Liability Coverage Part Schedule Name Of Person(s)Or Organization(s): Any person or organization you have agreed in a written and executed contract,prior to an'occurrence", that you would provide such person or organization a waiver of transfer of rights of recovery against others to us on your policy. Information required to complete this Schedule,if not shown above,will be shown in the Declarations. The following is added to Paragraph 8:Transfer Of Rights Of Recovery Against Others To Us of Section IV—Conditions: We waive any right of recovery against the person(s) or organization(s) shown in the Schedule above because of payments we make under this Coverage Part. Such waiver by us applies only to the extent that the insured has waived its right of recovery against such person(s) or organization(s) prior to loss. This endorsement applies only to the person(s) or organization(s)shown in the Schedule above. All other terms and conditions of this Policy remain unchanged. CG 24 04 12 19 ©Insurance Services Office, Inc.,2018 Page 1 of 1 Policy#GM1047102 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO ENHANCEMENT ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM A. ADDITIONAL INSURED BY CONTRACT OR AGREEMENT 1. SECTION II- COVERED AUTOS LIABILITY COVERAGE, paragraph A. Coverage, paragraph 1.Who Is An Insured, is amended by adding the following: a. Any person or organization with respect to the operation, maintenance or use of a covered "auto"covered under this policy, provided that you and such person or organization have agreed h a written contract or agreement, to add such person or organization to this policy as an "insured". However, such person or organization is and "insured": (1) Only with respect to the operation, maintenance or use of a covered "auto" covered under this policy; (2) Only for"bodily injury" or"property damage"caused by an "accident"which takes place after you executed the written contract or agreement and during the policy period; and (3) Only for the duration of the contract or agreement. b. How Limits Apply- The most we will pay an behalf of an additional insured is the lesser of: (1) The limits of insurance specified n the written contract or agreement between you and the person or organization you agreed to add as and additional insured; or (2) The Limits of Insurance shown h the Declarations. Such amount shall be part of and not n addition to the Limits of Insurance shown h the Declarations and described h this Section. c. Additional Insureds Other Insurance- If we cover a claim or"suit" under this Coverage Part that may also be covered by other insurance available to an additional insured, such additional insured must submit such claim or"suit"to the other insurer for defense and indemnity. However, this provision does not apply to the extent you have agreed h a written contract or agreement with the additional insured that this insurance is primary and non-contributory with the additional insured's own insurance. d. Duties h the Event Of An Accident, Claim, Suit Or Loss- If you have agreed h a written contract or agreement that another person or organization be added as an additional insured on your policy, the additional insured shall be required to comply with the provisions h SECTION IV- BUSINESS AUTO CONDITIONS, paragraph A. Loss Conditions, paragraph 2. Duties in the Event Of An Accident, Claim, Suit Or Loss, h the same manner as the Named Insured. NSIC-GMI-BA-001 (Ed. 08119) Page 1 of 5 Includes copyrighted material of Insurance Services Office, Inc., with its permission. B. HIRED AUTO PHYSICAL DAMAGE COVERAGE 1. SECTION III- PHYSICAL DAMAGE COVERAGE, paragraph A. Coverage, paragraph 4. Coverage Extensions, is amended by adding the following: If hired "autos"are covered "autos"for Liability Coverage and if Comprehensive, Specified Causes of Loss, or Collision coverages are provided under this Coverage Form for any"auto" you own, then the Physical Damage Coverages provided are extended to "autos"you hire or borrow, subject to the following limit, deductible and conditions: a The most we will pay for"loss"to any hired "auto" is: (1) $50,000;or (2) The actual cash value of the damaged or stolen property at the time ofthe"loss"; or (3) The cost of repairing or replacing the damaged or stolen property with other property of like kind, whichever is smallest, minus a deductible. b. The deductible will be equal to the largest deductible applicable to any owned "auto" for Physical Damage Coverage. c. Hired Auto Physical Damage coverage is excess over any other collectible insurance. d. Subject to the above limit, deductible, and excess provisions, we will provide that Physical Damage Coverage applicable to any covered "auto"you own. e. Subject to a maximum of$1,000 per"accident",we will also cover the actual loss of use of the hired "auto" if it results from an "accident", you are legally liable, and the lessor incurs and actual financial loss. f. This coverage extension does not apply to: (1) Any"auto"that is hired, rented or borrowed with a driver; (2) Any"auto"you hire or borrow from any of your"employees" or members of their household; (3) Any"auto"you hire or borrow from any of your partners or members oftheir household (if you are a partnership); or (4) Any"auto"you hire or borrow from any of your members or members oftheir household (if you are a limited liability company). C. TOWING AND LABOR 1. SECTION III- PHYSICAL DAMAGE COVERAGE, paragraph A. Coverage, paragraph 2. Towing, is deleted h its entirety and replaced with the following: 2. Towing • We will pay towing and labor costs you have incurred, up to the limits shown below, for each classification of covered "auto"shown below, each time a covered "auto" classified below is disabled: a. For private passenger type vehicles, we will pay up to $50.00 perdisablement. NSIC-GM1-BA-001 (Ed. 08/19) Page 2 of 5 • Includes copyrighted material of Insurance Services Office, Inc., with its permission. • • b. For"light trucks", we will pay up to$75.00 per disablement. "Light trucks" are trucks that have a gross vehicle weight of 10,000 pounds or less. However, the labor must be performed at the place of disablement. D. ACCIDENTAL AIRBAG DEPLOYMENT COVERAGE 1. SECTION III- PHYSICAL DAMAGE COVERAGE,paragraph B. Exclusions,.paragraph 3. is amended by adding the following: This exclusion does not apply to the accidental discharge of an airbag. Any insurance we provide for"loss" relating to the accidental discharge of an airbag shall be • excess over:any other collectible insurance or reimbursement by manufacturer's warranty. E LOAN/LEASE GAP COVERAGE 1. SECTION III - PHYSICAL DAMAGE COVERAGE is amended.by adding the following: h the event of a"total loss"to.a covered "auto" owned or leased by you we will pay your additional legal obligation for any difference between the actual cash value of the covered "auto" at the time of"loss" and the"outstanding balance"of the loan or lease. As used in this provision "outstanding.balance" means the amount you owe under the terms • of the loan or lease to which the damaged covered "auto" is subject at the time of the"loss" less the amount of the following: a. Overdue payments and financial penalties associated with those payments at the time of "loss"; tx Financial penalties imposed under a lease due to high mileage, excessive use or abnormal wear and tear; c. Security deposits not refunded by the lessor; d. Cost for Extended Warranties and additional protections such as but not limited to Credit Life, Health, Accident or Disability Insurance purchased with the lease or loan; • e. Carryover, transfer or rollover balances from previous loans or leases; • f. Any amount representing taxes; g. Loan or lease termination fees; h. The dollar amount of any unrepaired damage that that occurred prior to the "total loss"of a covered "auto"; is All refunds payable or paid to you as a result of the early termination of a lease agreement or as a result of the early termination of any warranty or extended service agreement on a covered "auto"; and j. Final payment under a"balloon loan". NSIC-GMI-BA-001 (Ed. 08119). Page 3 of 5 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. • As used h this provision a"balloon loan" is a loan with periodic payments that are insufficient to repay the balance over the term of the loan, thereby requiring a large final payment. 2. For the purposes of this Loan/Lease Gap Coverage provision, SECTION V-DEFINITIONS is amended by adding the following Definitions: a. "Total loss" means a"loss" h which the cost of repairs plus the salvage value exceeds the actual cash value at the time of"loss". b. A"balloon loan" is a loan with periodic payments that are insufficient to repay the balance over the term of the loan, thereby requiring a large final payment. F. EXTENDED CANCELLATION CONDITION 1. COMMON POLICY CONDITIONS, paragraph A. - Cancellation condition applies except as follows: if we cancel for any reason other than nonpayment of premium, we will mail or deliver to the first Named Insured written notice of cancellation at least 60 days before the effective date of cancellation. This provision does not apply h those states which require more than 60 days' prior notice of cancellation. G. VEHICLE WRAP COVERAGE 1. SECTION III- PHYSICAL DAMAGE COVERAGE, paragraph A. Coverage, 4. Coverage Extensions, is amended by adding the following: h the event of a"total loss"to a covered "auto"for which Comprehensive, Specified Causes of Loss, or Collision coverages are provided under this Coverage Form, we will pay up to $1,000.00 for vinyl vehicle wraps which are displayed on the covered "auto" at the time of "total loss". Regardless of the number of autos deemed a'total loss", the most we will pay under this coverage extension for any one"loss" is$5,000.00. For the purposes of this coverage extension, signs or other graphics painted or magnetically affixed to the vehicle are not considered vehicle wraps. 2. For the purposes of this Vehicle Wrap Coverage provision, SECTION V- DEFINITIONS is amended by adding the following Definitions: "Total toss" means a"loss" h which the cost of repairs plus the salvage value exceeds the actual cash value at the time of"loss". H. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE 1, SECTION Ill- PHYSICAL DAMAGE COVERAGE, paragraph B.Exclusions, subparagraphs 5.a. and 5.b. are deleted and replaced with the following: Exclusions 4.c and 4.d do not apply to electronic equipment that receives or transmits audio, visual or data signals, whether or not designed solely for the reproduction of sound, if the equipment is permanently Installed h the covered "auto" at the time of the "loss" and such equipment is designed to be solely operated by the use of power from the "auto's" electrical system, h or upon the covered "auto" and physical damage coverages are provided for the covered "auto"; or NSIC-GMI-BA-001 (Ed. 08/19) Page 4 of 5 Includes copyrighted material of Insurance Services Office, Inc., with Its permission. 2 For the purposes of this Audio, Visual and Data Electronic Equipment Coverage provision, SECTION ill- PHYSICAL DAMAGE COVERAGE, paragraph B. Exclusions, Paragraph 5 is amended by adding the following: If the"loss"occurs solely to audio, visual or data electronic equipment or accessories used with this equipment, then our obligation to pay for, repair, return or replace damaged or stolen property will be reduced by a$100.00 deductible. All other terms and conditions of the policy remain unchanged. { NSIC-GMI-BA-001 (Ed. 08/19) Page 5 of 5 Includes.copyrighted material of Insurance Services Office, Inc., with Its permission.