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Second Amendment to Agreement
SECOND AMENDMENT TO AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND U.S. MOBILE WIRELESS COMMUNICATIONS, INC., DBA DAY WIRELESS SYSTEMS This Second Amendment to Agreement is entered into this 1st day of July 2011, by and between the City of National City, a municipal corporation (the "CITY"), and U.S. Mobile Wireless Communications, Inc., a corporation, dba Day Wireless Systems, (the "CONTRACTOR"). RECITALS WHEREAS, the CITY and the CONTRACTOR entered into an Agreement dated November 9, 2009, ("Agreement") wherein the CONTRACTOR agreed to provide general services related to two-way radio communications maintenance for the City of National City, including certain projects for the Police Department, the Fire Department, and Neighborhood Services for the period of July 1, 2009 through June 30, 2010. WHEREAS, the Agreement was subsequently amended on July 1, 2010, for one year through June 30, 2011, for the not -to -exceed amount of $46,509.00. WHEREAS, the parties now seek to continue the maintenance of the two-way radio communications and increase the scope of work due to an increase in the number of police vehicle radios to be included, and extend the length of the Agreement for one-year, expiring on June 30, 2012. NOW, THEREFORE, the parties agree as follows: 1 The length of the agreement, stated in Section 5 of the Agreement, is amended by extending the term for one year. The new term shall be from July 1, 2011 to June 30, 2012. 2. The scope of services, stated in Section 2 of the Agreement, is increased by increasing the scope of work as described in Exhibits "A" and "B". The specific subsections of the Agreement are amended to read as follows: A. SCOPE OF SERVICES — POLICE DEPARTMENT. The CONTRACTOR shall perform the services set forth in Exhibit "A" for the Police Department during the extended one-year term through June 30, 2012. B. SCOPE OF SERVICES — FIRE DEPARTMENT. Contractor shall perform the services set forth in Exhibit "B" for the Fire Department during the extended one-year term through June 30, 2012. 3. The total amount for all work performed under this Amendment shall not exceed Fifty -Two Thousand Nine Dollars ($52,009.00). This total amount includes the following limits on the amounts payable based on the scope of services identified above: A. POLICE DEPARTMENT. The total cost for all work performed for the Police Department pursuant to this Amendment shall not exceed Forty Thousand Dollars ($40,000.00). This not to exceed amount includes the specific scope of services set forth in Exhibit "A" totaling Eighteen Thousand Seven Hundred Eighty (S18,780.00) for the term of this Amendment, and up to the remaining balance for additional as -needed work during the term of this Amendment. B. FIRE DEPARTMENT. The total cost for all work performed for the Fire Department pursuant to this Amendment, as detailed in Exhibit "B" shall not exceed Twelve Thousand Nine Dollars ($12,009.00) for the term of this Amendment. 4. With the foregoing exceptions, each and every provision of the Agreement date November 9, 2009, as amended, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment on the date and year first above written. CITY F NATIONAL CITY Ron Morrison, Mayor APPROVED AS TO FORM: Claudia G. Silva, Esq. City Attorney U.S. MOBILE WIRELSS COMMUNICATIONS, INC., DBA DAY WIRELESS SYSTEMS, INC. (Signatures of two corporate officers required) By: (Name) (Print) (Title) By: (Name) (Print) (Title) Second Amendment - 2 Between City of National City and Day Wireless Systems DAY WIRELESS SYSTEMS SERVICE AGREEMENT dba: US Mobile Wireless Communications, Inc. 8300 Juniper Creek Lane STE 100 DATE 4/28/2011 San Diego, CA 92126 858-537-0709 Fax: 858-537-9570 CUSTOMER NAME: City of National City - Police Department ATTN: Accounts Payable BILLING ADDRESS: 1243 National City Blvd. CITY: National City ZIP 91950 CONTRACT START DATE: 7/1/2011 YES AUTO RENEWAL: NO CUSTOMER #: NAT14D WIRELESS SYSTEMS CUSTOMER/AGREEMENT: 565-00 CUSTOMER CONTACT: Dave Noteware - Support Services Manager TELEPHONE / FAX #: 619-336-4509 Fax: 619-336-4525 EXPIRATION DATE: 6/30/2012 PAGE 1 OF 1 WHENTHSRG REEKENt S ACCEYTEO V 113PMOJAETHE EOUIPuENT ONTHE CUSTOVERIAGREEMENT ORDER REFERENCED ASOVEWht BE SSERNC£D SYV.S. '.•.CD[t£v 1R'ELESS MACCORDANCE WITH tHE TERM AND CONOTTWNSPRINTED ON ATTACHMENT. THGR:REEMENT DOES t(OT INCLUX REPLACEMENT OFANTENNAS.BATTERIES. ORSERYYE OFAHYTRANSHUSS.ON .ANTENNA TOWER OR TOWER Ltd..TING UNLCSE SUCH WORK IS DESCRUIED BELOW QTY MODEL NUMBER/SERIAL NU MEERIDESCRdPr70N PLACE Lt EMI MOhri:LY SVC AU T SPECIAL 6NSTRUCT1oNs: CUSTOMER SW. CTR SVCCTR HOURS OF SERVICE: 8:00 AM TO 4:30 PM Monday thru Friday excluding weekends OCATpN `ORNE M1W1. PERuaT E„"TE.NDED and holidays. Mobile Control Stations" M 3.00 27.00 Reomote Op Positions` ( 74.00 222.00 An annual preventative maintenance inspection is included in this contract and Spectra Consolette Existing" ? 25.00 25.00l is to be scheduled by a representative of National City Police Department. Ethernet Router" 15.00 15.00 Ethernet Switch J 15.00 15.000 This contract includes all parts and labor with the exception of antennas, 1 Tensor Channel Bank' X e 25.00 25.00 batteries, cables, programming, physical abuse and vrater/checmical damage. 9 XTL5000 Consolettes" X 9.00 81.00 BDA MIK 25.00 75,00 15 Astro Mobiles 11111111 8.00 120.00 17 XTS3000 Portables 8.00 136.00 "Denotes that this equipment is covered under 24/7/365. 67 XTS5000 Portables MM. 8.00 536.00 20 XTS2500 (warranty) ILIUM 2.00 40.00, Contract included pick up and delivery of portables. 6 XTS5000 Portables (Warranty IMMO 2.00 12.00 56 Astro Mobiles (Warranty) X 4.00 224.00 [ X] NEW [ j ADJUSTMENT 3 Moto Astros (Warranty) X 4.00 12.00 AGREEMENT AGREEMENT# Additional ions, definitions and conditions of this SERVICE AGREEMENT me printed on Pogo 2. ttt g( pp PURCHASE NUMBER [Totals for page 1 PAYMENT CYCLE: i ] ANNUALLY [ ] SEMI-ANNUALLY [ ] QUARTERLY [ x ] MONTHLY [ ] OTHER (SPECIFY IN SPECIAL INSTRUCTIONS) TOTAL ?ER MONTH TAX EXEMPT: [ ) YES, ATTACH EXEMPT TOTAL $1 565.00 AUTHORIZED CUSTOMER (SIGNATURE) CERTIFICATE THE ABOVE SERVICE A.M CUNT [ X ] NO IS SUBJECT TO STATE S. LOON.. T.o.JONG JURCSDICTIONS, TO BE VE.RiFIED BY DAY VNREi`SS ( SERVICE REPRESENTATIVE(SIGNATURE) DATE: DATE: EXHIBIT A DAY WIRELESS SYSTEMS dba: US Mobile Wireless Communications, Inc. 83€10 Juniper Creek Lane STE 100 San Diego, CA 92126 858-537-0709 Fax: 858-537-9570 CUSTOMER NAME: NATIONAL CITY -FIRE DEPT ATTN: BRENDA HODGES 619-336-4570 BILLING ADDRESS: 1243 NATIONAL CITY BLVD CITY: National City STATE: CA ZIP SERVICE AGREEMENT DATE 6/16/2011 CUSTOMER4: NAT1 30 CUSTOMER/AGREEMENT: I Wig LESS SYSTEMS CUSTOMER CONTACT: CAPT_ MARK GUNDERT/JUDY WILKINS 619-336-4550 92050 TELEPHONE l FAX = 619-336-4550/619-336-4562 m g u n d ert @n at io n alcit y ca.GOV CONTRACT START DATE: AUTO RENEWAL: 7/1/2011 YES[1 NO 1 X I PLACE OE SERVICE MOf7EL NUMBER/SERIAL 1{0J7C.,ox s,Ccr ?,c CIA OTY NUMBER/DESCRIPTION Lxo DFNc{x u0RrN (PfRATION DATE: 6/30/2012 PAGE 1 OF 1 ',nut �, : t A ID>.>,.,,,, urcz,,.-A,t , .t� s, �.> ti v�n ,..r, > > >< � ,Uer .>..,•ri« vNREc'YS IN ACCCRCKNCL V.T.it :11Ety 0SAND WNDt0Y,%+G PRINTED Q'a AT4CN3EN T, THISAGREE>".EA'TWES t:OT It:CLUO70o'oACE4ENi 2A7TEJ0 .ANYTRsNAIIMN_xEANi0NN0, :Ctt•FAOR TCti'. eR LtG+IxG l'xl ^�� WORKG rf^" Bc76QGw MONTHLY SVC AMOUNT PER UNIT EXTENDED 4 20 Astro XTL5000 Mobile Control Station a x Astro XTL5000 Mobiles 1 W!Dual CH x 15.00, 60.00 SPECIAL INSTRUCTIONS: HOURSOF SERVICE: 8:00 AM T04:30 PM Monday thru Friday. EXCLUDING WEEKENDS an d HOLIDAYS. 15.001 300.00. An annual preventive maintenance inspection is included in this contract 33 XTS5000 Portables x 9.001 297.00. 6 XTS3000 Portable x 9.001 54.00 28 Vehicular Tri-chem charger x 7.501 210.00 2 4 17 Battery Maint Systems Impress Rapid Rate Chargers Speaker Mies x X x 3.00 3.00 6.00 12.00 2.001 34.00 5 (Desktop chargers Model AA1670 Batt Maint System Model WPLN4079BR x x 3.75 9.001 18.75 9.00 0_00 0.00 and is to be scheduled by a representative of the FIREDEPT• Thiscontract includesall partsand labor with the exception of antennas, batteries, cables, program m ing, physical abuse and water/chemical dam age. " THERE IN NO 24 HOUR COVERAGE ON THE CONTRACT [ XI NEW [ JADJUSTMENT I AGREEMENT AGREEMENT# A6LIticnJltc:ms,CcliniliOns and con dit,Onsoi this pootod cn pac.c 2. PAYMENT CYCLE: [ I ANNUALLY [ I SEMI-ANNUALLY [ I QUARTERLY [xi MONTHLY r ) OTHER (SPECIFY IN SPECIAL INSTRUCTIONS) TAX EXEMPT: [ ) YES. ATTACH EXEMPT CERTIFICATE [ x ] NO TOTAL PER MONTH 1.000.75 THE ABOVE 00RV0Cc AMOUNT is S161ECT TO STATE Z LOCAL TAXING.1LIRICBCTi0.715, TORE VERIFIED BY DAY 001RELE5a IS P.O. REQUIRED? F 1 YES. ATTACH P.O. = NO Custcmer (SIGNATURE) DATE: SERV€CE REPRESENTATIVE (SIGNATURE) DATE: EXHIBIT B ACORD CERTIFICATE OF LIABILITY INSURANCE 10/1/2o 0 ) PRODUCER (503) 241-0154 FAX: Durham and Bates Agencies Inc 720 SW Washington :Suite 250 Portland (503)542-0624 OR 97205-3554 INSURED US Mobile Wireless Communications, Inc. DBA: Day Wireless Systems 4700 SE International Way Milwaukie OR 97222 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURER A: OneBeacon Insurance .(CL ) INSURER B: NAIC # INSURER C: INSURER D: INSURER E: COVERAGES 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 POL CIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADD'L POLICY EFFECTIVE POLICY EXPIRATION LTR INSRD TYPE OF INSURANCE POLICY NUMBER DATE (MM/DD/YY) DATE (MM/DD/YY) LIMITS GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMS MADE 1 OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: PRO - POLICY JECT LOC AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS GARAGE LIABILITY ANY AUTO EXCESS/UMBRELLA LIABILITY OCCUR ( i CLAIMS MADE DEDUCTIBLE RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILfIY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? If yes, describe under SPECIALPROVISIONS below EACH OCCURRENCE DAMAGE TO RENTED - PREMISES (Ea occurrence) MED EXP (Any one person) PERSONAL & ADV INJURY GENERAL AGGREGATE PRODUCTS - COMP/OP AGG COMBINED SINGLE LIMIT (Fa accident) BODILY INJURY (Per.person) BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) AUTO ONLY - EA ACCIDENT OTHER THAN AUTO ONLY: EA ACC AGG EACH OCCURRENCE AGGREGATE A OTHER Technology E&O Liability Claims -Made 7110113880002 10/1/2010 DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS RE: Continuing Maintenance Projects throughout National City. Evidence of insurance provided subject to the terms, conditions, limitations and exclusions of the policy. *Except 10 days notice for non-payment of premium. Mail orig cert to: City of National City, Attn: Ronni Zengota, 1200 National City Blvd, National City, CA 91950-4301. E.L WC STAT.USTATU- TORY LIMITS EACH ACCIDENT OTH $ $ E.L. DISEASE - EA EMPLOYEE E.L. DISEASE -POLICY LIMIT 0/1/2011 Each Claim/Aggregate SIR/Ded Each Claim Retro Date $2,000,000 $ 10,000 June 7, 2006 CERTIFICATE HOLDER (619)336-4525 rzengota@nationalcityca.go CITY OF NATIONAL CITY ATTN: RONNI ZENGOTA 1243 NATIONAL CITY BLVD NATIONAL CITY, CA 91950-4301 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30* DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. ACORD 25 (2001/08) INS025 (0108).08a AUTHORIZED REPRESENTATIVE Joanna Brown/MJK ©ACORD CORPORATION 1988 Page 1 of 2 If the certificate holder is an ADDITIONAL_ INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute -a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001/08) INS025 (0108).08a Page 2 of 2 ACORD, CERTIFICATE OF LIABILITY INSURANCE PRODUCER (503) 241-0154 FAX: Durham and Bates Agencies Inc 720 SW Washington Suite 250 Portland INSURED US Mobile Wireless Communications, Inc. DBA: Day Wireless Systems 4700 SE International Way Milwaukie OR 97222 COVERAGES OR 97205-3554 (503) 542-0625 DATE (MM/DDIYYYY) 10/1/2010 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURER A: OneBeacon America Ins . Co INSURER B: Navigators Insurance INSURER C: See Below for Vrs Cos . INSURER D: INSURER E: NAIC # 37478 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 CONTRAGT 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR ADO'L INSRD TYPE OF INSURANCE GENERAL LIABILITY X X X COMMERCIAL GENERAL LIABILITY CLAIMS MADE $1MM UMBRELLA X OCCUR WA STOP GAP POLICY NUMBER 7110099180004 POLICY EFFECTIVE DATE (MM/DD/YY) 10/1/2010 POLICY EXPIRATION DATE (MM/DD/YY) 10/1/2011 LIMITS EACH OCCURRENCE 1,000,000 DAMAGE TO.RENTED PREMISES (Ea occurrence) MED EXP An one erson PERSONAL & AOV INJURY 1,000,000 10,000 1,000,000 GENERAL AGGREGATE 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PROOUCTS - COMP/OP AGG PRO - POLICY JECT X LOC WA EMPLOYERS LIAB 500,000 AUTOMOBILE LIABILITY X ANY AUTO ALL OWNED AUTOS 711.0099180004 10/1/2010 10/1/2011 SCHEDULED AUTOS X HIRED AUTOS X NON -OWNED AUTOS GARAGE LIABILITY ANY AUTO EXCESS/UMBRELLA LIABILITY OCCUR DEOUCTIBLE RETENTION $ CLAIMS MADE C WORKERS COMPENSATION AND EMPLOYERSLIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER. EXCLUDEO? If yes, describe under SPECIAL PROVISIONS below A OTHER GARAGEKEE PERS LA1.0Exe161165IN 52WELN9641 OR -Hartford CA -Hartford NV -Hartford of Midwest Accident Ind Casualt COMBINED SINGLE LIMIT (Ea accident) BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) AUTO ONLY - EA ACCIDENT OTHER THAN EA ACC AUTO ONLY AGG $ 2,000,000 1,000,000 EACH OCCURRENCE 6,000,000 1071/2010 10/1/2011 AGGREGATE 6,00.0,000 10/1/2010 10/1/2011 7110099180004 10/1/2010 10/1/2011 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADOED BY ENDORSEMENT/SPECIAL PROVISIONS X WC STATU-OTH- TORY LIMITS ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT COMPREHENSIVE AND COLLISION LIMIT DEDUCTIBLE 1,000,000 1,000,000 1,000,000 $250,000 $ 500 Re: Continuing Maintenance Projects throughout National City. The City of National city its elected officials, officers, agents, and employees are Additional Insured per attached VCG 207 06 07 as respects General Liability only and VCA 201 01 09 as respects Automobile Liability only when required by written contract, subject to the terms, condlOons, limitations and exclusions of thepp4py., ..,F;x.p..op.t. 10 clays notice for 494-7173ent of premium. Mali - 91-904001. CERTIFICATE HOLDER (619) 336-4525 rzengota@nationalcityca.go CITY OF NATIONAL CITY ATTN: RONNI ZENGOTA 1243 NATIONAL CITY BLVD NATIONAL CITY, CA 91950-4301 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30* DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Joanna Brown/MJK ACORD 25 (2001/08) INS025 (0108) 08a ©ACORD CORPORATION 1988 Page 1 of 2 IMPORTANT If the certificate holder is an ADDITIONAL |NSURED, the poUoy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in fle-1-1 of such endorseme,t,--,. K SUBROGATION IS VVAVED, subject to the terms and conditions of the pnlicy, certain policies may require on endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu Of ouoh ondnmamant(o O|SCUUK0ER 'The Certificate of Insurance on the reverse side of this form does not constitute a contract habwaan the issuing inuurar(s), authorized representative or producer, and the oohifioote holder, nor does it affinnadualy or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORo2n(2UU1mo 1Ns025m108).08 Policy#7llUU99lD'UUU» THIS ENDORSLOENTCHANGES THE POLICY. PLEAS, AEun|TCAREFULLY. VA 7F o TA CHN ��� o��� d� � LO u.n�� u~ U K U^� � ��U�� �v�/�:�~ � U0 yTY This endorsement modifimsinsurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM The following schedule lists the coverage extensions provided by this endorsement. Refer to the individual provisions todetermine the extent ofyour coverage. _ SCHEDULE OFCOVERAGE EXTENSIONS . Additional Insured — Broad Form Vendors 2. Additional Insured —byContract, Agreement or Permit relating to: o Work performed byyou « Premises you own, rent, lease uroccupy « Equipment you lease 1 Aggregate Limit Per Location 4, Blanket Waiver ufSubrogation S. Bodily Injury Redefined — Mental Anguish 6' Broadened Named Insured 7. Broadened Property Damage o Borrowed Equipment o CostomenfQuudn o Use ofElevators 8. Coverage Territory —Worldwide 9. Duties inEvent (if Occurrence, Claim orSuit 10. Expected orIntended Injury (PC) 11. Medical Payments 12, Mobile Equipment Redefined 13. Newly Acquired orFormed Organizations 14, Non -Owned Aircraft 15. Non'DwnedVVah*vcroft 16. Personal and Advertising |njury 1?. PnoguctR��| o|' — 18. Supplementary Payments Increased Limits i' ADDITIONAL INSURED — BROAD FORM VENDORS SccbuoD—WhnIsAmImsuvedksaoi*ndodtuiodudeouanodditiunu|insuredanyparson(s)ororganizaUon(s) (referred to. below as vendor)whom you agreedin a written contract oragreement haprovide insurance, but only with respect ta "bodily injury" or "property damage" arising Out Of "Your products" which are distributed or sold in Ole regular course of the vendor's business, subject to the following additional exclusions: m. This provision 1.does not apply to: (1) "Bodily injury" or "property darnage" for which the vendor is obligatod to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have inthe absence cfthe contract oragreement; (2) Any express warranty unauthodzedbyyou; (3) Any physical or chemical change in the product made intentionally by the «endor; (4) Repackaging, except nvhanunpacked solely for the purpose of inapaoUun.domoomtm8on.testing orthe substitution of parts under instructions from the manufaoturer, and then repackaged in the original container; (G) 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 buoinnsq, in connection with the distribution or sale ufthe pmduobs., (&) Demonstration, installation, servicing or repair operations, except such operations pedbnnad at the nandoeopremises inconnection mAththe sale ofthe product (7) Products which, after distribution ursale byyou, have been labeled orrelabeled urused auacontainer, part oringredient ofany other thing urauhstancebyorfor the vendor; or (8)°Bodi|yinjury" or"|nnpwrty,damomga°mrisingout nfthe sole negligence ofthe vendor for its own acts or omissions orthose ofits employees oranyone e|n000VngnnUobaha|f.Howover,thisaxousiund000 not apply to: (a) The exceptions contained In Subparagraphs 4. or 6.; or Inc. Includes copyrighted material of Insurance Services Office, Copyright 2OD4, OneBeacon Insurance Group INSURED Page 1of7 (b) Such nts, tests or servicing as the vendor lihaagreed to make or normally undertakes to make in U)o usual course of business, in connection with the distribution or ua|a of the products. (S) Any person or organization if the "prod uots'oump|etad operations, hazard" is excluded either bytile provisions ofthe Coverage Form orbyendorsement. b. This insurance does not apply to any insured person or u0an|zotioo, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. 2' ADDITIONAL INSURED —CC)NTRACT,AGREEMENT OR PERMIT w. Section U—VVbw Is An Insured is amended to include as on additional Insured any person(s) or organization(s) with whom you og/ood in o written cont uct. written agreement or permit to provide insurance such ouisafforded under this Coverage Part, but only with respect bmliability for "bodily lniun/'. ,pnupedy damage" or "pomon�l and advertising Injury" paused, in whole or in part, by your eda or omissions oithe acts oromissions ofthose acting onyour behalf: 1. |nthoperformmn000f"yourwoN"forthoaddidono||nuurod(o)ottho|ouaUondms|gnotedinthmoontrad. agreement mrporm��or 2. In the maintenance, operation or use of equipment leased to you by such person(s) or organization(s), or 3. Inconnection with premises you own, rent, lease ovoccupy. This insurance applies one primaryorprimary and non-contributory basis ifthat Isrequired h*writing bythe contract, agreement orpermit. b. The insurance provided tothe additional insured herein islimited. This insurance does not apply: 1' Un|ouu (o) the written contract, agreement orpermit iscurrently ineffect orbecomes effective during the term o[this policy; and (h) the contract or agreement was executed or pann8 issued prior to the "bodily injury", "property dumoQa'',or"personal and advertising injuryy; 2. To any person or organization included as on insured tinder the Additional Insured - Broad Form Vendors provision ofthis endorsement; 3. To any person mrorganization included aoaninsured byanendorsement issued byumand made part ofthis Coverage Part; 4L To any person or organization If the "bodily injury", 'properly damage", or "personal and advertising injury" arises out ofthe rendering ng oorhai|nro trender ndo� any professional anxhdyctuvoL engineering or . aurve�oUsanvioeobyorforyooinc8udiog: (m) The preparing, approving, urfailing buprepare orapprove, mapo shop drawings, opinions, reports, surveys, field orders, change orders ordrawings and specifications; or (b) Supervisory, mupocUmn.architectural orengineering activities. 6. To any, ' (a) Lessor ofequipment after the equipment lease expires; or (b. � Owners urother interests from whom land has been leased; or (c) Managers orlessors ofpremises if: (1) The °uccunonce"takes place after you cease tmboatenant |nthat premises; or (2) The "bodily lNury'`"property amnago^."personal and advertising injury'arises out ofstructural alterations, new nmnobocdoh or demolition operations performed by or on behalf of the manager orlessor. 6. To "bodily injury, or"property damage" occurring after: (a) All work on the than service, maintenance or repairs) to be pe rmed or on :behalf ofthe mddNbAa|inomcdatfhAodocftbon ooverodpen�un�haobeoncompleted;' wr (b) That portion of "your work out of which the 'injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as part of the same project. Page oof7 h"esvW��mterial ofkananccVer*s0ffimmo. u, Limits of|nsumnoo'tppUoabetothe eddiUone insured are thont_ hothe contract, agreement or permit or in the Declarations of this policy, whichever is less, and fix the most we will pay regardless of the number of: 1. Insureds; 2. Claims made or"suhn^brought; or 3. Persons ororganizations making claims urbringing °nuUa^ ,' These Limits afInsurance are inclusive of and not inaddition to the Limits of |nuumnoo shown in the Ooo|amUunu. 3, AGGREGATE LIMIT PER LOCATION m. Under Section If[ — Limits of Insurance, the General Aggregate Limit applies separately to each of your "|ooehons'owned byorrented nrleased boyou. b, Under Section "Definitions, the following definition is added: "Location" means pmoniuon involving the same o, connecting lots, orpremises whose connection is interrupted only by a street, roadway, waterway or right-ol-way of a railroad. 4' BLANKET WAIVER 8FSUBROGATION Section |V— Transfer of Rights of Recovery Against Others to Us Condition is amended to add the following: VVowill waive any right ufrecovery wemay have ogainot ny person ororganization because, ofpayments mm make for injury or damage arising out of your ongoing operations done under a written contract or agreement with that person or organization and included in "your Work" or the "products -completed npomhbnn hazard". This waiver applies only io pomuno or organizations With whom you have written contract, executed prior to the "bodily injury" or"property domoye"'that requires you towaive your rights ofrecovery. G' BODILY INJURY REDEFINED — MENTAL ANGUISH Under Section V the definition of "bodily injury" is replaced by the following: "Bodily injury" means bodily injury, sickness, or disease sustained by a person, including mental anguish or death resulting from any of these atany time. G. BROADENED NAMED INSURED Section 11 -Who Is An Insured is amended to include as an insured the following: ' Any organization which Is a |a0aUy incorporated entity in which you own u financial interest of more than 50 percent of the voting stock on the effective date of this endorsement will be a Named Insured unfil the 180" day Vrthe end of the policy period, whichever comes first, provided there isnoother similar insurance available tu that organization. The in�urance afforded herein does not apply to any anfity which is also an insured under another policy or would be wninsured under such policy but for its termination npthe exhaustion of'its limits oInsurance, 7' BROADENED PROPERTY DAMAGE — BORROWED EQUIPK8ENT, CUSTOMERS' GOODS AND USE OF ELEVATORS The insurance for "property damage" liability |osubject tothe following: m. The Damage To: Property exclusion under SeotinoI Coverage &iaamended aufollows: I. The exclusion forporsVnn|propedyinthocam.nustudyUrconiro| ofthe insured ^does not apply to .property damage" to equipment you borrow while at e job site and provided it is hot being used by anyone toperform operations otthe time ofloss. 2. The exclusions for (m) Property loanndhoyou; - (h) Personal property |nthe care, custody urcontrol ofthe insured; and (c) That particular part of any property that must be restored, uezeiond or replaced because "your work" was |nuo,roodyperformed, on it donot oppiyto"property �damage" to"cVatomens' goods. While oqyour premises nor duthey apply to "property damage" arising from the use ofelevators otpmm8sooyouovvn,vent/eooeoroonupy. Subject to the Each Occurrence Limit, the most we Will pay for "property damage" to "Customers' Goods" ia$25.OU8per "000u[venoe". mmmdesmopAmedmtoW of InsoramsmAcmOffice, om. Page of copyrIgd2004,oneaeaoonInsurance Group b. Under Section V Definitions, the following definition is added: "Customers' Goods" means goods of your customer on your premises for the purpose of being: 1. Repaired; or 2. Used in your manufacturing process. c. The insurance afforded by this provision is excess over any other valid and collectible property insurance (including any deductible) available to the insured whether such insurance is primary, excess, contingent or on any other basis. Any payments by us will follow the Other Insurance — Excess provisions in the COMMERCIAL GENERAL LIABILITY CONDITIONS. 8. COVERAGE TERRITORY — WORLDWIDE The definition of "coverage territoryis replaced by the following: "Coverage territory" means anywhere. However, the insured's responsibility to pay damages must be determined in a settlement we agree to or in a "suit" on the merits brought within the United States of America (including its territories and possessions), Puerto Rico or Canada. 9. DUTIES IN THE EVENT OF OCCURRENCE, OFFENSE, CLAIM OR SUIT Section IV Duties In The Event Of Occurrence, Claim or Suit is amended by adding the following paragraphs: a. The requirements that you must 1. notify us of an "occurrence" offense, claim or "suit' and 2. send us documents concerning a claim or "suit" apply only when such "accident" claim, "suit" or "loss" is known to: 1. You, if you are an individual; 2. A partner, if you are a partnership; 3. An executive officer of the corporation or insurance manager, if you are a corporation; or 4. A manager, if you are a limited liability company, b. The requirement that you must notify us as soon as practicable of an 'occurrence" or an offense that may result in a claim does not apply if you report an "occurrence" to your workers compensation insurer which later develops into a liability claim for which coverage is provided by this policy. However, as soon as you have definite knowledge that the particular "occurrence" is a liability claim rather than a workers compen- sation claim, you must comply with the Duties In The Event Of Occurrence, Offense, Claim Or Suit Condition. 10. EXPECTED OR INTENDED INJURY (PROPERTY DAMAGE) The Expected Or Intended Injury exclusion under Coverage A Bodily Injury and Property Damage is replaced by: "Bodily injury" or 'property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury' or "property damage" resulting from the use of reasonable force to protect persons or property. 11. MEDICAL PAYMENTS — INCREASED LIMITS AND TIME PERIOD a. In the Insuring Agreement under Coverage C Medical Payments, the requirement that expenses are incurred and reported to us within one year of the date of the accident is changed to three years. b. The Medical Expense Limit is $10,000 per person or the amount shown in the Declarations as the Medical Expensetimit, whichever is greater. c. This provision 11. does not apply if Coverage C — Medical Payments is otherwise excluded either by the provisions of the Coverage Form.or by endorsement. 12. MOBILE EQUIPMENT — SELF-PROPELLED SNOW REMOVAL, ROAD MAINTENANCE AND STREET CLEANING EQUIPMENT The following is added to the "mobile equipment" definition: Vehicles maintained primarily for purposes other than the transportation of persons or cargo that are self- propelled vehicles of less than 1,000 pounds gross vehicle weight with the following types of permanently attached equipment will be considered "mobile equipment" a. Snow removal, b. Road maintenance, but not construction or resurfacing; or c. Street cleaning. Page 4 of 7 Includes copyrighted material of Insurance SeMces Office, tt. VCG 207 06 07 Copyright 2004, OneBeacon Insurance Group 13. NEWLY FORMED OBAt*eUIREDORGANIZATIONS / Under Section U— Who Is An Insured, . time period limitation for newly acquired urformed organizations is replaced by: Coverage under this provision is afforded only until the end of the current policy period. 14. NON -OWNED AIRCRAFT u. The Aircraft, Auto Or Watercraft exclusion under Coverage A Bodily Injury And Property Damage Liability does not apply tuanaircraft that is: 1. Hired, chattered orloaned with opaid crew; and 2. Not owned byany insured. b. The, insurance afforded bythis provision 14 is excess over any other |kj and collectible Cincluding any deductible or Self Insured Retention) av ailable to the insured, whether such insurance is primary, excess, contingent or on any other basis. Any payments by us will follow the Ot , her Insurance — Excess Insurance provisions in the COMMERCIAL GENERAL LIABILITY CONDITIONS. 16. NON -OWNED WATERCRAFT u. Section 11 — Who Is An Insured is amended to include as an insured for any watercraft that iocovered by this. policy, person who, with your expressed or implied consent, either uses or is responsible for the use of a watercraft. However, no person or organization is an insured with respect to: 1' "Bodily injury" toauV'"on!p|oyao"of the person operating the watercraft; ur 2, "Property damage" to property owned by, rented to, in the charge of or occupied by you or the employer ofany person who inoninsured under this provision. 6. In the oKoapbon to the Ain:cmft. Auto Or Watercraft exclusion under Coverage J\ Bodily ]njog/ And Property Damage LiubUity, the limitation on the length of owatorumftioIncreased to 51feet. m- The insurance afforded by this provision 15. is exoama over any other valid and no||ec8b|n insurance (including deductible or 8a!f Insured Retention)' to the insured, whether such insurance is primary, wX«aus, contingent or on any other bouio. Any payments by us will follow the Other Insurance — Excess Insurance provisions in the COMME - RCIAL GENERAL LIABILITY CONDITIONS. 18, PERSONAL AND ADVERTISING INJURY _ The following.exclusions, under the definition of "personal and advertising injury" are amended as follows: o' Insureds |nMedia Type Businesses "Personal and advertising |njVry'oomm|8edhyoninsured whose business is: (1) Advertising, broadcasting, publishing ortelecasting; ur (2)Designing urdeveloping content ofwaboibasfor others. However, this exclusion dunn not apply to paragraphs 14. a., b. and u. of "personal and advertising injury" under the Definitions Section. For the purposes oYthis exclusion, the placing ofhamnn.bondemurlinks, urmdvorU�nQ.for you orothambnot byikaa|�considered the business ofadvorUu^ . broadcasting, publishing nrtelecasting. b' Electronic ChatuoommsOr Bulletin Boards "Personal and advertising injury" arising out of an electronic chatroom or bulletin board the insured hosts, owns, urmaintains for others. 17' PRODUCT RECALL EXPENSE m. With respect to. this Provision 17.,tho Recall OfPvuduu6,Work Or Impaired Property exclusion under Coverage /\ Bodily 'Injury And Property 'Damage Liability isdeleted. b. ThafuUovNngismddadhoSmctionU[—LimitsCflnmumsmceunobun: 1. The Limits ofInsurance shown inthe Product Recall Schedule and rules below fix the most wmwill pay regardless ofthe number of (a) Insureds; (b) "Covered recalls" initiated; o, ' (c) Number of"your products" recalled. 2. The Product Recall Aggregate Umit is the most we will reimburse you for the sum ofall "product recall expenses" Incurred for all "covered recalls" initiated during I the policy period. Indudes ooppthted material of muuanceServices oKim,Inc. Page 5mr Copyrkjht zoo4,00vmenovoInsurance Group 3. Subject b/2.above, thntuuhProduct Recall Limit iothonnostwo0N|n�mhnrsoyou for the sum of all "product recall expenses" arising out of anyone "covered recall" for the same defect or deficiency. Products Recall Schedule Limits ofInsurance Product Recall Aggregate $50.000 Limit Each Product Recall Limit $25.000 The Limits of Insurance for this coverage apply separately to each consecutive annual period and to any remaini ng period of less than 12 mo ' nths, starting with the beginning of the policy period shown in the Declarations, unless the policy pen'Gd Is e I ended after Issuance for . an additional period of les I s than 12 months. In that case, the additional period will be deemed part of the last preceding period for the purposes of determining the Limits of Insurance. u' The following is added to the Duties In The Event Of Occurrence, Offense, C6hu Or Suit provision under Section Ny_Conditions: You must see to it that the following are done in the event of an actual or anticipated "covered recall' that may result in"product recall mxpenue^: 1' Give us prompt notice of any discovery or notification that"your product" must be withdrawn or recalled. Include a deseflption of "your product" and the reason for the withdrawal or recall; ' 2' Cease any further consignment orany other method ufdistribution oflike ursimilar products until it has been determined that all such products are free from defects that could be a cause ofloss under this innormnon' ' 3. As often be reasonably need for the "covered recall" and permit us to examine your books and records. Al I so permit us to take damaged: and undamaged samples of "your products" for inspection, tesfing and analysis; and permit us to make copies from your books and records; 4. Send us a signed, sworn, proof of loss containing the information we requested to settle the claim. You must do this within 60 days after our request. We will supply you with the necessary forms, and 5. Permit uoh» examine any insured under oath, while not In the pnmounon of any other insured and at such times as may reasonably be required, about any matter relating to this insurance or your claim, including aninoumd'sbooks and records. |nthe event ofanexamination, aninaomd'sanswers must bo signed, d. The following definitions are added b»the Definitions Section: 1. "Covered recall" means a n*oaU made necessary because the Insured or o government body has determined that mknown or suspected defect, deficiency., inadequacy or dangerous condition in "your product' has resulted in or will result in "bodily injury" or "property da mqge". 2. "Product Recall Expense" means: (m) The follo, ng necessary and rwmomnob|o expenses you Incur exclusively for the purpose of recalling "your pnodocr: - (1) For communications, including radio or television announcements or phnhod advertisements including stationery, envelopes and postage; (2) For shipping the recalled products fromony puoohmyer, disthbuho[ or user to the p|muo or places designated 6yyou; (3) For remuneration paid to your regular "employees" for necessary overtime; (4) For hiring additional persons, other than your regular ^amp(nyoeg"; (B) Incurred by^ump|oyeoo~.including transportation and accommodations; (6) Torent additional warehouse nrstorage space; or (7) Fordisposal of"your pouduo�°.but only hothe e�entthat apo��o,n�hodoofdomffoobnnother than those employed for trash d�- o ndi or disposal mou required to avoid "bodily injury" or "pm `dxd�mnogc�'asnresult nfsuch but .product recall expenses" does not Include costs of regaining your market share, goodwill, revenue or prof'it. Page Oof7 Includes copyrighted rnaterta of Insurance SeMoes offloe,bio. VCG 207 043 07 Copyright M,0neReacon Insurance Group (b) "Product ReGn//Expense" does not include any expenses, ` /ltinAfrom: (1) Failure o/any product hoaccomplish its intended purpose; (%) Breach ofomnnnUesoffitness, quality, dumb|8yorporfonnanme.; (3) Loss o/customer approval, orany cost incurred toregain customer approval; (4) RediuthbuUoo urreplacement o/"your product" which has been recalled by like products or ouboUtuhun� . (S) Caprice urwhim o/the insured; (G) Aoonditon likely to ouuoo loss of which any insured knew or had reason to know at the inception o/this insurance; and (7) Recall of "your products" that have no known or suspected defect solely because a known or suspected defect inanother of"Your products" has been found. 18' SUPPLEMENTARY PAYMENTS - INCREASED LIMITS |nthe SUPPLEMENTARY PAYMENTS — Coverages Aand Bprovision: n. The limit for the cost nfball bonds iaamended to$2,5UU;and b. The limit for reasonable expenses incurred by the "insured" is amended to $500 a day. VCme07 06m Includes wpyTig*tednateM ofInsurance Services office, Inc. Page 7of7 Copyright 2Oo400voxnconInsurance Group Policy #711009918-0004 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. VANTAGE FOR AUTO OBILE This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM The following schedule lists the coverage extensions provided by this endorsement. Refer to the sions to determine the extent of your coverage. individual provi- SCHEDULE OF COVERAGE EXTENSIONS Additional Insured By Contract 2. Airbag Discharge 3. Auto Theft Reward 4. Blanket Waiver of Subrogation 5. Bodily Injury Redefined - Mental Anguish 6. Broad Form Named Insured 7. Communications Equipment II. Diminution in Value 9. Drive Other Car - Executive Officers 10. Duties In The Event of Accident, Claim, Suit or Loss 11. Employees As Insureds 12. Employee Hired Autos 13. Fellow Employee Exclusion 14. Glass Repair - Waiver of Deductible 15, Hired Auto Physical Damage Coverage 16. Lease Gap Coverage 17. Liability Coverage - Supplementary Payments 18. Newly Formed or Acquired Organizations 19. Physical Damage - Transportation Expenses 20, Rental Reimbursement Private Passenger Vehicles 21. Towln --Any Covered Auto I. ADDITIONAL INSURED BY CONTRACT The Who Is An Insured provision under SECTION II - LIABILITY COVERAGE is amended to include as an additional "insured" any person or organization with whom you agreed in a written contract, written agreement or permit, to provide Insurance such as is afforded under this Coverage Form. Such person or organization is an "insured" only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part by your maintenance, operation or use of your covered "autos". With respect to the insurance afforded to these additional 'insureds, this insurance does not apply: a. Unless the written contract or agreement has been executed or the permit has been issued prior to the "bodily injury' or "property damage"; b. To any person or organization included as an "insuredby endorsement or in the Declarations; or c. To any lessor of "autos" when their contract or agreement with you for such leased "auto" ends. 2. AIRBAG DISCHARGE If you purchased physical damage coverage for a covered "auto" under this policy, we will pay to reset or re- place an airbag that accidentally discharges without the vehicle being involved in en accident. No deductible applies to this additional coverage. However, this coverage only applies if the airbag is not covered under a manufacturer's warranty and you did not intentionally cause the airbag to discharge. 3. AUTO THEFT REWARD We will pay up to a $2,000 reward in the event of e covered loss, for information leading to the arrest and con- viction of anyone stealing a covered "auto". A reward will not be paid to you, e family member, employee or any public official while performing their duty. 4. BLANKET WAIVER OF SUBROGATION The Transfer Of Rights of Recovery Against Others To Us condition under SECTION IV - BUSINESS AUTO CONDITIONS, paragraph A. LOSS CONDITIONS is replaced by the following: We will waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of the operation of a covered "auto" when you have assumed liability for such "bodily injury" or "property damage" under an "insured contract", proVided the contract is in writing and executed prior to the "bodily injury" or "property damage". 5. BODILY INJURY REDEFINED-' MENTAL ANGUISH The definition of "bodily injury" under SECTION V - DEFINITIONS Is replaced by the following: "Bodily injury" means bodily injury, sickness, or disease sustained by a person, including mental anguish or death resulting from any of these at any time. VCA 20101 Oa Includes copyrighted materlal of Insurance Services Office, Inc. Page 1 of 5 Copyright 2004, G. BROAD FORM NAMED INSURED n. The Who Is An Insured provision under SECTION If — LIABILITY COVERAGE is amended to include the following: Any organization which is legally |ncmpwndnd entity in which you own o financial interest of more than 5O%ufthe voting stock onthe effective date of this Coverage Form will bonNamed Insured until the 1O01" day orthe end ofthe policy period whichever comes first, provided there |nno other similar insurance avail- able iothat organization. b. Paragraph a. of this provision 6. dvon not apply to "bodily injury" or "property damage" for which an "insured" is also an "Insured" under any other automobile policy Of Would be an "insured" under such a pol- icy, but for Its termination or the exhaustion n/its LimkufInsurance. 7. COMMUNICATIONS EQUIPMENT o. The exclusion for electronic equipment under Exclusions of SECTION III — PHYSICAL DAMAGE COVER- AGE does not apply to loss of any permanently installed, non -removable communications equipment de- signed for use as 1. Citizen's band radio; 2. Two�mymobile radio nrtelephone; 3. Scanning monitor rmeivacnr 4. GP8Navigation System, including its antenna ondothvraccessories. u' NoDoducUNwapplies \uthis nd4iVnno|cove rage. o. The most woWit pay for this coverage (s$5.00Vper occurrence, V� DIMINUTION INVALUE The "diminution in value" exclusion under SECTION III — PHYSICAL DAMAGE COVERAGE, 8. Exclusions does not apply if the covered "auto" is a private passenger "auto" and is leased, rxntnd.Nrwdorbqnmwwdwiih- ho of less andi d in the conductVie ivsued'vbusiness. The most mwwill pay for ''ioxs^ arlsing outNan^auoidoot"|athe lesser cKQ7.5Onur2U%oytUoactual cash value vfthe "auto" as determined hyKelley Blue Book o/other independent vu|uuUoosources, o. DR|VEOTHERC*R—EXECQTlVE OFFICERS e. The Who Is An Insured provision under SECTION U— L]AR|LKTYCOVERAGE is am*oded to include: |fyou are designated |nthe Declarations on: 1. Anindividual; you and your spouse. 2. A;nknamhip; your partners ondthnirxpnu,rn. 3. An organization other titan an Individual ora partnorship',youF "exocutiva officaW and their -spouses. h, SECTION U— LIABILITY COVERAGE and SECTION III — PHYSICAL DAMAGE COVERAGE are extended toinclude °uuhoo'you don't own, hire, lease orborrow while inthe care, custody nrcontrol mfun1noumd^ listed in9.a'This does not include any "auky: 1. Owned byany 7nou/od^ |ishsd|w ga., or any member u/their household, including any such ^mutn"thet ioownpdbutnot insured; 2. Used by an "insured" listed in G.a. while working in the business of selling, servicing, repel , ring or parking autos; or 3. Insured under another policy ofinsurance, If Medical Payments, Uninsured"riderinsured Motorist, Pomonn| Injury Protection o/ other compulsory coverages required by the governing jurisdiction are ouv*md on this policy, then |non/odo listed in 9.n. above and famUy^momhnmmnid\ng|uthe same households are ^inxumdn"while: 1. Occupying oan ` passenger; or 2. ^ odoa��n' xp struckoK any "aub/'you donot own, hire, lease o/borrow, except any "auto"owned bythat ^inxuedrKstndin 9a. their family members oron^uuk/^insured under any other policy. o. The limits and deductibles applicable to this provision will he the largest applicable to any owned "auto" for the specific insurance. Page 2 of 5 Includes copy(Ighted m3tMal of Insurance Seivices Office, Inc. mCAnnm09 d. The following definition isadded tothe DEFINITIONS section cdthe policy: ^8uecoUveofficer' means aperson holding any nf the officer positions cmotedbyyour charter, consUtu' Uon.by-lowmoranysimilar governing document. e. The Other insurance Condition, under Section IV — 13USiNESS AUTO CONDITIONS, does not apply to the provisions uythis Drive Other Cur endorsement. There in no "other insurance" applicable to this en- dorsement 10. DUT|E�|NTHE EVENT OFACCIDENT, CLAIM, SUIT 0kLOSS Under SECTION |V—BUSINESS AUTO CONDITIONS — the Duties |nThe Event 0fAccident, Claim, Suit or Loss Condition isamended onfollows: The requirements that you must: a. Notify uoofan"nccidont".claim, ^noit'urlocs^:and b. Send uodocuments concerning nclaim or"suk^` apply only when such ^xooidon('.claim, 'svit"or^|wm^|oknown. to: o. You, ifyou are umindividual; b. Apartner, ifyou are upartnership; c. Anexecutive off ixmrcdthe corporation orinsurance manager, iyyou area curpomhon�or d. Amanager, \fyou area limited liability company. 11. EMPLOYEES AS INSUREDS The Who IuAoInsured provision under SECTION ||— LIABILITY COVERAGE ischanged hyadding the fol- lowing: Arty "employee" ofynwmwhUnusingncov*md"bvto"youdon\nwn.Nmurhnnvwinyou/businessoryuur personal affairs. This coverage isexcess over any other collectible insurance. 11 EMPLOYEE HIRED AUTOS The following Isadded tothe Who |sAmInsured Provision: An "employee' of your-, is an 'insured" while oprating an "auto" hired or rented under a contact or agreement inthat 'omp|oy*o'o,name, with your permission, while performing duties related tothe conduct ufyour buu[- For purposes of this coverage grant, paragraph 5.b. of the Other Insurance condition it) the BuoNma Auto Coverage Form is roplacmjbythe following: h. For Hired Auto Physical Damage Coverage, the following are deerned to be covered 'autos" you own: 1. Any covered ^muto"you lease, hire, rent orhnnvw�and 2. Any covered ^auto~hirodorrented hyyour ^employ m^ondaruuontraotin that individual ^omyloywe'w^ name, vvith your permission, while performing duties related to the conduct of your business, However, any ^noto''that is (nn000L hirod, rented or borrowed with a driver is not covered ''avtG^ This coverage isexcess over any other collectible Insurance. 13. FELLOW EMPLOYEE EXCLUSION The Follow Employee ouo|uwino under SECTION 8 —UA0UTY COVERAGE does not apply ifthe "bodily |n- }ury" results from the use of o uvna|ad ''xutn^ you own o, hire. This cm/oraUo is ox;vns over any other insur- ance. 14. GLASS REPAIR _ WAIVER mFDEDUCTIBLE Under paragraph D.—Dedunfib(o—nf SECTION III ~PHYSICALDAMAGE COVERAGE, the following Is, added: No deductible applies to glass damage If the glass is repaired rather than repfoced, 15. HIRED AUTO ~ PHYSICAL DAMAGE COVERAGE If hired "autos` are covered "outos" under SECTION U — UA131U7Y COVERAGE and KComprehensive, Specified Causes of"Lo", or Collision Coverages are provided under this policy for any "auto" you own, then SECTION III ~- PHYSICAL DAMAGE COVERAGE is»xtendmdtn^�autos''you hire, subject ootile following limit: The most wewill pay for ^|nns^\oany hired ^muto^|nthe lesser of: u. $75.VO0for °outos nfthe private. passenger type and $6n,0O0for all other ^autoo''� VCAnnm09 Includes copyrighted material ofmv����" offlc�e,/m. Page amo b. The actual cash value; or c. The cost of repairing or replacing it with other property of like kind or quality. The deductible will be equal to the largest deductible applicable to any owned "auto" for that coverage. No de- ductible applies to ''Ioss" caused by fire or lightning. Subject to the above limit, deductible and excess provisions, we will provide coverage equal to the broadest coverage applicable to any covered "auto" you own. We will also cover loss of use of the hired "auto" if the following conditions are met: a. It results from an accident; b. You are legally liable; and c. The lessor incurs an actual financial loss. The most we will pay for this loss of use coverage is $1,000 per "accident'. 16. LEASE GAP COVERAGE Under paragraph C. Limit of Insurance — of SECTION 111® PHYSICAL DAMAGE COVERAGE, the following is added: 11 a covered "auto" is leased, we will also pay the difference between the actual cash value of a covered "auto" at the time of "loss" and the remaining balance on your lease if the following conditions are met: a. The "auto" has a long term lease and is covered on thls policy. b. The lessor is added as an Additional Insured in a written lease agreement. c. You are legally obligated for the remaining balance. We will not pay for any amounts representing excess wear and tear charges; additional rnileage charges; taxes; overdue payments; penalties, interest or charges resulting from overdue payments; or lease termination fees. 17. LIABILITY COVERAGE EXTENSIONS — SUPPLEMENTARY PAYMENTS Under SECTION 11 LIABILITY COVERAGE, the Coverage Extension for Supplementary Payments is revised as follows: a. The limit for the cost of bail bonds Is amended to $3,500. b. The limit for reasonable expenses incurred by the "insured" is amended to $500 a day. 16. NEWLY FORMED OR ACQUIRED ORGANIZATIONS a. Thu Who Is An Insured provision under SECTION II LIABILITY COVERAGE is amended to include as an "insured" any organization that is formed or acquired by you and over which you maintain majority own- ership. b. Paragraph a. of this provision 18. does not apply to any organization: 1. That is a joint venture or partnership; 2. That is an "insured" under any other policy; 3. That has exhausted its Limit of Insurance under any other policy; or 4. 180 days or more after its acquisition or formation by you, unless you have given us notice of the acqui- sition or formation. c. Paragraph a. of thls provision 18. does not apply to "bodily Injury" or "property damage" that results from an "accident" that occurred before you formed or acquired the organization. 19. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES COVERAGE Under SECTION III — PHYSICAL DAMAGE Coverage Extensions, the limit for Transportation Expenses is amended to $75 per day and the maximum is amended to $2,250. 20, RENTAL REIMBURSEMENT We will pay for rental reimbursement expenses incurred by you for the rental of an "auto" of the private passen- ger type because of "loss" to a "covered auto" of the private passenger type. Payment applies in addition to the otherwise applicable amount of each coverage you have on a "covered auto". No deductibles apply to this coverage. We will pay those expenses incurred during the policy period beginning 24 hours after tho "loss" and ending, regardless of the policy's expiration, six (6) days after the "loss". Page 4 of 5 Includes copyrighted materiel of Insurance Services Office, Inc. VGA 201 D1 OS Copyright 2004, Payment is limited lo the lesser of the following amounts: 1. Necessary and actual expenses incurred. 2. The maximum daily payment of $25 for any one day. This coverage does not apply while there are spare or reserve "autos" available to you. If "loss" results from the total theft of the private passenger "auto", we will pay under this coverage only that amount of your rental reimbursement expenses which is not already provided for under the PHYSICAL DAM- AGE COVERAGE Extension, 21. TOWING — COVERED AUTOS Under SECTION — PHYSICAL DAMAGE COVERAGE, Coverage for Towing is 'amended as follows: a. This coverage applies to any covered "auto" for which a premium charge for towing and labor is shown in the Schedule or in the Declarations, b. The limit is $100, VCA 201 01 09 Includes copyrighted material of Insurance Services Office, Inc. Page 5 of 5 Copyright 200,1, DAY WIRELESS SYSTEMS dba: US Mobile Wireless Communications, Inc. 8300 Juniper Creek Lane STE 100 San Diego, CA 92126 858-537-0709 Fax: 858-537-9570 CUSTOMER NAME: City of National City - Police Department ATTN: Accounts Payable BILLING ADDRESS: 1243 National City Blvd. CITY: CONTRACT START DATE: 7/1/2011 National City ZIP 91950 YES X AUTO RENEWAL: NO SERVICE AGREE DATE 4/28/2011 ENT WIRELESS SYSTEMS CUSTOMER #: NAT140 CUSTOMER/AGREEMENT: 565-00 CUSTOMER CONTACT: TELEPHONE / FAX #: EXPIRATION DATE: 6/30/2012 Dave Noteware - Support Services Manager 619-336-4509 Fax: 619-336-4525 PAGE 1 OF 1 WHEN THIS AGREEMENT IS ACCEPTED BY US MDBILE WIRELESS. THE EQUIPMENT ON THE CUSTOMER/AGREEMENT ORDER REFERENCED ABOVE WILL BE SERVICED BY U.S MOBILE WIRELESS IN ACCORDANCE WITH THE TERMS AND CONDITIONS PRINTED ON ATTACHMENT. THIS AGREEMENT DOES NOT INCLUDE REPLACEMENT OF ANTENNAS, BATTERIES. OR SERVICE OF ANY TRANSMISSION LINE, ANTENNA, TOWER OR TOWER LIGHTING UNLESS SUCH WORK IS DESCRIBED BELOW QTY MODEL NUMBERJSEPJAL NUMBER/DESCRIPTION PLACE OF SERVICE MO T LY SVC NT CUSTOMER ;SVC CT R SVC CTR LOCATION 'DRIVE-IN MAI 4IN PER UNIT EXTENDED 3 Mobile Control Stations* 3 Reomote Op Positions* II9 1 Spectra Consolette Existing* 1 Ethernet Router* 1 Ethernet Switch* 1 Tensor Channel Bank* XTL5000 Consolettes* MEM BDA1131111111111 MEMAstro Mobiles1111011111111111 17 67 20 56 PAYMENT CYCLE: [ ] ANNUALLY [ SEMI-ANNUALLY [ I QUARTERLY [ x ] MONTHLY [ I OTHER (SPECIFY IN SPECIAL INSTRUCTIONS) TAX EXEMPT: ] YES, ATTACH EXEMPT CERTIFICATE [X I NO X X 9.00' 74.00 25.00 15.001 15.00 25.00 9.00 25.00 8.00 8.00 8.001 2.00 2.00 4.00 4.00 27.00 SPECIAL INSTRUCTIONS: HOURS OF SERVICE: 8:00 AM TO 4:30 PM Monday thru Friday excluding weekends and holidays. 222.001 An annual preventative maintenance inspection is included in this contract and 25.00 is to be scheduled by a representative of National City Police Department. 15.00 15.00 This contract includes all parts and labor with the exception of antennas, 25.00 batteries, cables, programming, physical abuse and water/checmical damage. 81.00 75.00 i 120.00, 136.00 *Denotes that this equipment is covered under 24/7/365. 536.00 40.00 Contract included pick up and delivery of portables. 12.00 224.00 [ X ] NEW [ ADJUSTMENT 12.00. AGREEMENT AGREEMENT# Totals tor page TOTAL PER MONTH $1,565.00 TAXES MOO TOTAL $1,565.00 THE ABOVE SERVICE AMOUNT IS SUBJECT TO STATE & LOCAL 'TAXING JURISDICTIDNS, TO BE VERIFED BY DAY WIRELESS Additional terms, definitions and conditions of this SERVICE AGREEMENT are printed on page 2. PURCHASE NUMBER AUTHORIZED CUSTOMER (SIGNATURE) DATE: SERVICE REPRESENTATIVE (SIGNATURE) DATE: EXHIBIT A DAY WIRELESS SYSTEMS dba: US Mobile Wireless Communications, Inc. 8300 Juniper Creek Lane STE 100 San Diego, CA 92126 858-537-0709 Fax: 858-537-9570 CUSTOMER NAME: NATIONAL CITY -FIRE DEPT ATTN: BRENDA HODGES 619-336-4570 BILLING ADDRESS: 1243 NATIONAL CITY BLVD CITY: National City STATE: CA ZIP CONTRACT START DATE: 7/1/2011 YES SERVICE AGREE ENT DATE 6/16/2011 CUSTOMER #: NAT1 30 CUSTOMER/AGREEMENT: CUSTOMER CONTACT: CAPT. MARK GUNDERT/JUDY WILKINS 619-336-4550 92050 TELEPHONE 1 FAX #: 619-336-4550/619-336-4562 m g u n d ert @n at io n alcit yca.GOV AUTO RENEWAL: NO EXPIRATION DATE: 6/30/2012 PAGE 1 OF 1 WIRELESS IN ACCORDANCE WITH THETERMS AND CONDITIONS PRINTED ON ATTACHMENT. vncwne,rccuncN, vnucn rccrcncNLeu Aewe WILL nc xrcvlLeu n. navelLc TN IS AGREEMENT DOES NOT INCLUDE REPLACEMENT OF ANTENNAS. BATTERIES. OR SERVICE OF ANY TRANSMISSION LIKE ANTENNA. TOWER OR TOWER LIGHTING UNLESS SUCH WORK IS DESCRIBED eac QTY MODEL NUMBER/SERIAL NUMBER/DESCRIPTION PLACE OF SERVICE { MONTHLY SAG AMOUNY SPECIAL INSTRUCTIONS: HOURS OF SERVICE: 8:00 AM TO 4:30 PM Monday th ru Friday. ODTOMEH SVC CTR 1SVC CIR LOCATION DRIVE-IN MAIL -IN : PERUNIT EXTENDED EXCLUDINGWEEKENDSand HOLIDAYS. 4 Astro XTL5000 Mobile Control Station x 15.00 60.00 An annual preventive maintenance inspection is included in this contract 20 Astro XTL5000 Mobiles 1 W/Dual CH x 15.00 300.00 and is to be scheduled by a representative of the FIRE DEPT. 33 XTS5000 Portables x . 9.00 297.00 6 XTS3000 Portable . x 9.00 54.00 28 Vehicular Tri-chem charger x 7.50 210.00 This contract includes all parts and labor w ith the exception of antennas, 2 Battery Maint Systems x : 3.00 6.00 batteries, cables, program m ing, physical abuse and water/chemical damage. 4 Impress Rapid Rate Chargers x , 3.00, 12.00 17 Speaker Mics x 2.00' 34.00 " THERE IN NO 24 HOUR COVERAGE ON THE CONTRACT 5 Desktop chargers Model AA1670 x 3.75, 18.75 1 Batt Maint System Model WPLN4079BR x 9.00 9.00 0.00 0.00 [ X] NEW [ ] ADJUSTMENT AGREEMENT AGREEMENT# Additional terms, deiln Itions and conditions of this SE RVICEAGREEMENTare printed on page 2. P.O.= IS P.O. REQUIRED? I 1 YES, ATTACH P.O. 1 1 NO PAYMENT CYCLE: [ ] ANNUALLY [ ] SEMI-ANNUALLY [ ] QUARTERLY [ x ] MONTHLY [ ] OTHER (SPECIFY IN SPECIAL INSTRUCTIONS) TAX EXEMPT: [ 1 YES, ATTACH EXEMPT CERTIFICATE [ x 1 NO t OTAL PE MONTH $1,000.75 TOTAL $1,000.75 Customer (SIGNATURE) THE ABOVE SERVICE AMOUNT IS SUBJECT TO STATE & LOCAL TAXING JURISDICTIONS, TO BE VERIFIED BY DAY WIRELESS DATE: SERVICE REPRESENTATIVE (SIGNATURE) DATE: EXHIBIT B