HomeMy WebLinkAbout2008 CON Day Wireless - BDA Bi-Directional Antenna Police Dept.AGREEMENT
BY AND BETWEEN
THE CITY OF NATIONAL CITY
AND
U.S. MOBILE WIRELESS COMMUNICATIONS, INC.,
DBA DAY WIRELESS SYSTEMS
THIS AGREEMENT is entered into this 1st day of December, 2008, 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 desires to employ a CONTRACTOR to provide a
one-time installation service for an AT&T BDA Bi-directional Antenna for the National
City Police Department located at 1200 National City Boulevard.
WHEREAS, the CITY has determined that the CONTRACTOR is a
technical equipment repair and installation company, and qualified by experience and
ability to perform the services desired by the CITY, and the CONTRACTOR is willing to
perform such services.
NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE
AS FOLLOWS:
1. ENGAGEMENT OF CONTRACTOR. The CITY hereby agrees to
engage the CONTRACTOR and the CONTRACTOR hereby agrees to perform the
services hereinafter set forth in accordance with all terms and conditions contained
herein.
The CONTRACTOR represents that all services required hereunder will
be performed directly by the CONTRACTOR or under direct supervision of the
CONTRACTOR.
2. SCOPE OF SERVICES. The CONTRACTOR will perform services
as set forth in Exhibit "A".
The CONTRACTOR shall be responsible for installation related to the
work and shall not rely on personnel of the CITY for such services, except as authorized
in advance by the CITY.
The CITY may unilaterally, or upon request from the CONTRACTOR, from time
to time reduce or increase the Scope of Services to be performed by the
CONTRACTOR under this Agreement. Upon doing so, the CITY and the
CONTRACTOR agree to meet in good faith and confer for the purpose of negotiating a
services, not to exceed a factor of 20% from the base amount.
3. PROJECT COORDINATION AND SUPERVISION.
Dave Noteware hereby is designated as the Project Coordinator for the
CITY and will monitor the progress and execution of this Agreement. The
CONTRACTOR shall assign a single Project Director to provide supervision and have
overall responsibility for the progress and execution of this Agreement for the CONTRA-
CTOR. Martin Rosas thereby is designated as the Project Director for the
CONTRACTOR.
4. COMPENSATION AND PAYMENT. The compensation for the
CONTRACTOR shall be $20,640.69 covering actual work performed and products.
Billings shall include labor classifications, respective rates, hours worked and also
materials, if any. The total cost for all work shall not exceed $20,640.69 (the Base
amount) without prior written authorization from the Chief of Police.
The CONTRACTOR shall maintain all books, documents, papers,
employee time sheets, accounting records, and other evidence pertaining to costs
incurred and shall make such materials available at its office at all reasonable times
during the term of this Agreement and for three (3) years from the date of final payment
under this Agreement, for inspection by the CITY and for furnishing of copies to the
CITY, if requested.
5. LENGTH OF AGREEMENT. Completion date is no later than
February 1, 2009.
6. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The
Memoranda, Reports, Maps, Drawings, Plans, Specifications and other documents
prepared by the CONTRACTOR for this Project, whether paper or electronic, shall
become the property of the CITY for use with respect to this Project, and shall be turned
over to the CITY upon completion of the Project, or any phase thereof, as contemplated
by this Agreement.
Contemporaneously with the transfer of documents, the CONTRACTOR
hereby assigns to the CITY and CONTRACTOR thereby expressly waives and
disclaims, any copyright in, and the right to reproduce, all written material, drawings,
plans, specifications or other work prepared under this agreement, except upon the
CITY's prior authorization regarding reproduction, which authorization shall not be
unreasonably withheld. The CONTRACTOR shall, upon request of the CITY, execute
any further document(s) necessary to further effectuate this waiver and disclaimer.
The CONTRACTOR agrees that the CITY may use, reuse, alter,
reproduce, modify, assign, transfer, or in any other way, medium or method utilize the
CONTRACTOR's written work product for the CITY's purposes, and the CONTRACTOR
expressly waives and disclaims any residual rights granted to it by Civil Code Sections
980 through 989 relating to intellectual property and artistic works.
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Any modification or reuse by the CITY of documents, drawings or
specifications prepared by the CONTRACTOR shall relieve the CONTRACTOR from
liability under Section 14 but only with respect to the effect of the modification or reuse
by the CITY, or for any liability to the CITY should the documents be used by the CITY
for some project other than what was expressly agreed upon within the Scope of this
project, unless otherwise mutually agreed.
7. INDEPENDENT CONTRACTOR. Both parties hereto in the
performance of this Agreement will be acting in an independent capacity and not as
agents, employees, partners or joint venturers with one another. Neither the
CONTRACTOR nor the CONTRACTOR'S employees are employee of the CITY and
are not entitled to any of the rights, benefits, or privileges of the CITY's employees,
including but not limited to retirement, medical, unemployment, or workers'
compensation insurance.
This Agreement contemplates the personal services of the
CONTRACTOR and the CONTRACTOR's employees, and it is recognized by the
parties that a substantial inducement to the CITY for entering into this Agreement was,
and is, the professional reputation and competence of the CONTRACTOR and its
employees. Neither this Agreement nor any interest herein may be assigned by the
CONTRACTOR without the prior written consent of the CITY. Nothing herein contained
is intended to prevent the CONTRACTOR from employing or hiring as many
employees, or subcontractors, as the CONTRACTOR may deem necessary for the
proper and efficient performance of this Agreement. All agreements by CONTRACTOR
with its subcontractor(s) shall require the subcontractor to adhere to the applicable
terms of this Agreement.
8. CONTROL. Neither the CITY nor its officers, agents or employees
shall have any control over the conduct of the CONTRACTOR or any of the
CONTRACTOR's employees except as herein set forth, and the CONTRACTOR
expressly agrees not to represent that the CONTRACTOR or the CONTRACTOR's
agents, servants, or employees are in any manner agents, servants or employees of
the CITY, it being understood that the CONTRACTOR, its agents, servants, and
employees are as to the CITY wholly independent contractors and that the
CONTRACTOR's obligations to the CITY are solely such as are prescribed by this
Agreement.
9. COMPLIANCE WITH APPLICABLE LAW. The CONTRACTOR, in
the performance of the services to be provided herein, shall comply with all applicable
State and Federal statutes and regulations, and all applicable ordinances, rules and
regulations of the City of National City, whether now in force or subsequently enacted.
The CONTRACTOR, and each of its subcontractors, shall obtain and maintain a current
City of National City business license prior to and during performance of any work
pursuant to this Agreement.
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10. LICENSES, PERMITS, ETC. The CONTRACTOR represents and
covenants that it has all licenses, permits, qualifications, and approvals of whatever
nature that are legally required to practice its profession. The CONTRACTOR
represents and covenants that the CONTRACTOR shall, at its sole cost and expense,
keep in effect at all times during the term of this Agreement, any license, permit, or
approval which is legally required for the CONTRACTOR to practice its profession.
11. STANDARD OF CARE.
A. The CONTRACTOR, in performing any services under this
Agreement, shall perform in a manner consistent with that level of care and skill
ordinarily exercised by members of the CONTRACTOR'S trade or profession currently
practicing under similar conditions and in similar locations. The CONTRACTOR shall
take all special precautions necessary to protect the CONTRACTOR's employees and
members of the public from risk of harm arising out of the nature of the work and/or the
conditions of the work site.
B. Unless disclosed in writing prior to the date of this
agreement, the CONTRACTOR warrants to the CITY that it is not now, nor has it for the
five (5) years preceding, been debarred by a governmental agency or involved in
debarment, arbitration or litigation proceedings concerning the CONTRACTOR's
professional performance or the furnishing of materials or services relating thereto.
C. The CONTRACTOR is responsible for identifying any unique
products, treatments, processes or materials whose availability is critical to the success
of the project the CONTRACTOR has been retained to perform, within the time
requirements of the CITY, or, when no time is specified, then within a commercially
reasonable time. Accordingly, unless the CONTRACTOR has notified the CITY
otherwise, the CONTRACTOR warrants that all products, materials, processes or
treatments identified in the project documents prepared for the CITY are reasonably
commercially available. Any failure by the CONTRACTOR to use due diligence under
this sub -paragraph will render the CONTRACTOR liable to the CITY for any increased
costs that result from the CITY's later inability to obtain the specified items or any
reasonable substitute within a price range that allows for project completion in the time
rt drne specified or, when not specified, then within a commercially reasonable time.
12. NON-DISCRIMINATION PROVISIONS. The CONTRACTOR shall
not discriminate against any employee or applicant for employment because of age,
race, color, ancestry, religion, sex, sexual orientation, marital status, national origin,
physical handicap, or medical condition. The CONTRACTOR will take positive action to
insure that applicants are employed without regard to their age, race, color, ancestry,
religion, sex, sexual orientation, marital status, national origin, physical handicap, or
medical condition. Such action shall include but not be limited to the following:
employment, upgrading, demotion, transfer, recruitment or recruitment advertising,
layoff or termination, rates of pay or other forms of compensation, and selection for
training, including apprenticeship. The CONTRACTOR agrees to post in conspicuous
places available to employees and applicants for employment any notices provided by
the CITY setting forth the provisions of this non-discrimination clause.
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13. CONFIDENTIAL INFORMATION. The CITY may from time to time
communicate to the CONTRACTOR certain confidential information to enable the
CONTRACTOR to effectively perform the services to be provided herein. The
CONTRACTOR shall treat all such information as confidential and shall not disclose
any part thereof without the prior written consent of the CITY. The CONTRACTOR
shall limit the use and circulation of such information, even within its own organization,
to the extent necessary to perform the services to be provided herein. The foregoing
obligation of this Section 13, however, shall not apply to any part of the information that
(i) has been disclosed in publicly available sources of information; (ii) is, through no
fault of the CONTRACTOR, hereafter disclosed in publicly available sources of
information; (iii) is already in the possession of the CONTRACTOR without any
obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the
CONTRACTOR by a third party, but only to the extent that the use or disclosure thereof
has been or is rightfully authorized by that third party.
The CONTRACTOR shall not disclose any reports, recommendations,
conclusions or other results of the services or the existence of the subject matter of this
Agreement without the prior written consent of the CITY. In its performance hereunder,
the CONTRACTOR shall comply with all legal obligations it may now or hereafter have
respecting the information or other property of any other person, firm or corporation.
CONTRACTOR shall be liable to CITY for any damages caused by
breach of this condition, pursuant to the provisions of Section 14.
14. INDEMNIFICATION AND HOLD HARMLESS. The CONTRACTOR
agrees to defend, indemnify, and hold harmless the City of National City, its officers and
employees, against and from any and all liability, loss, damages to property, injuries to,
or death of any person or persons, and all claims, demands, suits, actions,
proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature,
including workers' compensation claims, of or by anyone whomsoever, resulting from or
arising out of the CONTRACTOR's negligent performance of this Agreement.
15. WORKERS' COMPENSATION. The CONTRACTOR shall comply
with all of the provisions of the Workers' Compensation Insurance and Safety Acts of
the State of California, the applicable provisions of Division 4 and 5 of the California
Government Code and all amendments thereto; and all similar state or Federal acts or
laws applicable; and shall indemnify, and hold harmless the CITY and its officers, and
employees from and against all claims, demands, payments, suits, actions,
proceedings and judgments of every nature and description, including reasonable
attorney's fees and defense costs presented, brought or recovered against the CITY or
its officers, employees, or volunteers, for or on account of any liability under any of said
acts which may be incurred by reason of any work to be performed by the
CONTRACTOR under this Agreement.
5
16. INSURANCE. The CONTRACTOR, at its sole cost and expense,
shall purchase and maintain, and shall require its subcontractors, when applicable, to
purchase and maintain throughout the term of this agreement, the following insurance
policies:
A. If checked, Professional Liability Insurance (errors and omissions)
with minimum limits of $1,000,000 per occurrence.
B. Automobile insurance covering all bodily injury and property
damage incurred during the performance of this Agreement, with a minimum coverage
of $1,000,000 combined single limit per accident. Such automobile insurance shall
include owned, non -owned, and hired vehicles ("any auto").
C. Comprehensive general liability insurance, with minimum limits of
$1,000,000 combined single limit per occurrence and $2,000,000 in the aggregate,
covering all bodily injury and property damage arising out of its operation under this
Agreement.
D. Workers' compensation insurance covering all of CONTRACTOR's
employees, with limits sufficient to satisfy statutory requirements. In addition, the policy
shall be endorsed with a waiver of subrogation as to the CITY.
E. The aforesaid policies shall constitute primary insurance as to the
CITY, its officers, employees, and volunteers, so that any other policies held by the
CITY shall not contribute to any Toss under said insurance. Said policies shall provide
for thirty (30) days prior written notice to the CITY of cancellation or material change.
F. Said policies, except for the professional liability and worker's
compensation policies, shall name the CITY and its officers, agents and employees as
additional insureds, and additional insured endorsements shall be provided.
G. If required insurance coverage is provided on a "claims made"
rather than "occurrence" form, the CONTRACTOR shall maintain such insurance
coverage for three years after expiration of the term (and any extensions) of this Agree-
ment. In addition, the "retro" date must be on or before the date of this Agreement.
H. Any aggregate insurance limits must apply solely to this Agree-
ment.
I. Insurance shall be written with only California admitted companies
which hold a current policy holder's alphabetic and financial size category rating of not
less than A VIII according to the current Best's Key Rating Guide, or a company equal
financial stability that is approved by the City's Risk Manager.
J. This Agreement shall not take effect until certificate(s) or other
sufficient proof that these insurance provisions have been complied with, are filed with
and approved by the CITY's Risk Manager. If the CONTRACTOR does not keep all of
such insurance policies in full force and effect at all times during the terms of this
Agreement, the CITY may elect to treat the failure to maintain the requisite insurance
as a breach of this Agreement and terminate the Agreement as provided herein.
K. Al! deductibles and self -insured retentions in excess of $10,000
must be disclosed to and approved by the CITY.
17. LEGAL FEES. If any party brings a suit or action against the other
party arising from any breach of any of the covenants or agreements or any
inaccuracies in any of the representations and warranties on the part of the other party
arising out of this Agreement, then in that event, the prevailing party in such action or
6
dispute, whether by final judgment or out -of -court settlement, shall be entitled to have
and recover of and from the other party all costs and expenses of suit, including
attorneys' fees.
For purposes of determining who is to be considered the prevailing party,
it is stipulated that attorney's fees incurred in the prosecution or defense of the action or
suit shall not be considered in determining the amount of the judgment or award.
Attorney's fees to the prevailing party if other than the CITY shall, in addition, be limited
to the amount of attorney's fees incurred by the CITY in its prosecution or defense of
the action, irrespective of the actual amount of attorney's fees incurred by the prevailing
party.
18. MEDIATION/ARBITRATION. If a dispute arises out of or relates
to this Agreement, or the breach thereof, the parties agree first to try, in good faith, to
settle the dispute by mediation in San Diego, California, in accordance with the
Commercial Mediation Rules of the American Arbitration Association (the "AAA") before
resorting to arbitration. The costs of mediation shall be borne equally by the parties.
Any controversy or claim arising out of, or relating to, this Agreement, or breach thereof,
which is not resolved by mediation shall be settled by arbitration in San Diego,
California, in accordance with the Commercial Arbitration Rules of the AAA then
existing. Any award rendered shall be final and conclusive upon the parties, and a
judgment thereon may be entered in any court having jurisdiction over the subject
matter of the controversy. The expenses of the arbitration shall be borne equally by the
parties to the arbitration, provided that each party shall pay for and bear the costs of its
own experts, evidence and attorneys' fees, except that the arbitrator may assess such
expenses or any part thereof against a specified party as part of the arbitration award.
19. TERMINATION. A. This Agreement may be terminated with or
without cause by the CITY. Termination without cause shall be effective only upon 60-
day's written notice to the CONTRACTOR. During said 60-day period the
CONTRACTOR shall perform all services in accordance with this Agreement.
B. This Agreement may also be terminated immediately by the
CITY for cause in the event of a material breach of this Agreement, misrepresentation
by the CONTRACTOR in connection with the formation of this Agreement or the
performance of services, or the failure to perform services as directed by the CITY.
C. Termination with or without cause shall be effected by
delivery of written Notice of Termination to the CONTRACTOR as provided for herein.
D. In the event of termination, all finished or unfinished
Memoranda Reports, Maps, Drawings, Plans, Specifications and other documents
prepared by the CONTRACTOR, whether paper or electronic, shall immediately
become the property of and be delivered to the CITY, and the CONTRACTOR shall be
entitled to receive just and equitable compensation for any work satisfactorily completed
on such documents and other materials up to the effective date of the Notice of
Termination, not to exceed the amounts payable hereunder, and less any damages
caused the CITY by the CONTRACTOR's breach, if any. Thereafter, ownership of said
written material shall vest in the CITY all rights set forth in Section 6.
7
E. The CITY further reserves the right to immediately terminate
this Agreement upon: (1) the filing of a petition in bankruptcy affecting the
CONTRACTOR; (2) a reorganization of the CONTRACTOR for the benefit of creditors;
or (3) a business reorganization, change in business name or change in business
status of the CONTRACTOR.
20. NOTICES. All notices or other communications required or
permitted hereunder shall be in writing, and shall be personally delivered; or sent by
overnight mail (Federal Express or the like); or sent by registered or certified mail,
postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or
telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall
be deemed received upon the earlier of (i) if personally delivered, the date of delivery to
the address of the person to receive such notice, (ii) if sent by overnight mail, the
business day following its deposit in such overnight mail facility, (iii) if mailed by
registered, certified or ordinary mail, five (5) days (ten (10) days if the address is
outside the State of California) after the date of deposit in a post office, mailbox, mail
chute, or other like facility regularly maintained by the United States Postal Service, (iv)
if given by telegraph or cable, when delivered to the telegraph company with charges
prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice,
request, demand, direction or other communication delivered or sent as specified above
shall be directed to the following persons:
To the CITY:
To the CONTRACTOR:
Chief of Police
City of National City
1243 National City Boulevard
National City, CA 91950-4301
Day Wireless Systems
8300 Juniper Creek Lane Suite 100
San Diego, CA 92126-1072
Notice of change of address shall be given by written notice in the manner
specified in this Section. Rejection or other refusal to accept or the inability to deliver
because of changed address of which no notice was given shall be deemed to
constitute receipt of the notice, demand, request or communication sent. Any notice,
request, demand, direction or other communication sent by cable, telex, telecopy,
facsimile or fax must be confirmed within forty-eight (48) hours by letter mailed or
delivered as specified in this Section.
21. CONFLICT OF INTEREST AND POLITICAL REFORM ACT
OBLIGATIONS. During the term of this Agreement, the CONTRACTOR shall not
perform services of any kind for any person or entity whose interests conflict in any way
with those of the City of National City. The CONTRACTOR also agrees not to specify
any product, treatment, process or material for the project in which the CONTRACTOR
has a material financial interest, either direct or indirect, without first notifying the CITY
of that fact. The CONTRACTOR shall at all times comply with the terms of the Political
Reform Act and the National City Conflict of Interest Code. The CONTRACTOR shall
8
immediately disqualify itself and shall not use its official position to influence in any way
any matter coming before the CITY in which the CONTRACTOR has a financial interest
as defined in Government Code Section 87103. The CONTRACTOR represents that it
has no knowledge of any financial interests that would require it to disqualify itself from
any matter on which it might perform services for the CITY.
If checked, the CONTRACTOR shall comply with all of the
reporting requirements of the Political Reform Act and the National City Conflict of
Interest Code. Specifically, the CONTRACTOR shall file a Statement of Economic
Interests with the City Clerk of the City of National City in a timely manner on forms
which the CONTRACTOR shall obtain from the City Clerk.
The CONTRACTOR shall be strictly liable to the CITY for all damages,
costs or expenses the CITY may suffer by virtue of any violation of this Paragraph 21 by
the CONTRACTOR.
22. MISCELLANEOUS PROVISIONS.
A. Computation of Time Periods. If any date or time period provided
for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday,
then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next
day which is not a Saturday, Sunday or federal, state or legal holiday.
B. Counterparts. This Agreement may be executed in multiple
counterparts, each of which shall be deemed an original, but all of which, together, shall
constitute but one and the same instrument.
C. Captions. Any captions to, or headings of, the sections or
subsections of this Agreement are solely for the convenience of the parties hereto, are
not a part of this Agreement, and shall not be used for the interpretation or
determination of the validity of this Agreement or any provision hereof.
D. No Obligations to Third Parties. Except as otherwise expressly
provided herein, the execution and delivery of this Agreement shall not be deemed to
confer any rights upon, or obligate any of the parties hereto, to any person or entity
ether than the parties hereto.
E. Exhibits and Schedules. The Exhibits and Schedules attached
hereto are hereby incorporated herein by this reference for all purposes.
F. Amendment to this Agreement. The terms of this Agreement may
not be modified or amended except by an instrument in writing executed by each of the
parties hereto.
G. Waiver. The waiver or failure to enforce any provision of this
Agreement shall not operate as a waiver of any future breach of any such provision or
any other provision hereof.
H. Applicable Law. This Agreement shalt be governed by and
construed in accordance with the laws of the State of California.
Entire Agreement. This Agreement supersedes any prior agree-
ments, negotiations and communications, oral or written, and contains the entire
agreement between the parties as to the subject matter hereof. No subsequent
agreement, representation, or promise made by either party hereto, or by or to an
9
employee, officer, agent or representative of any party hereto shall be of any effect
unless it is in writing and executed by the party to be bound thereby.
J. Successors and Assigns. This Agreement shall be binding upon
and shall inure to the benefit of the successors and assigns of the parties hereto.
K. Construction. The parties acknowledge and agree that (i) each
party is of equal bargaining strength, (ii) each party has actively participated in the
drafting, preparation and negotiation of this Agreement, (iii) each such party has
consulted with or has had the opportunity to consult with its own, independent counsel
and such other professional advisors as such party has deemed appropriate, relative to
any and all matters contemplated under this Agreement, (iv) each party and such
party's counsel and advisors have reviewed this Agreement, (v) each party has agreed
to enter into this Agreement following such review and the rendering of such advice,
and (vi) any rule or construction to the effect that ambiguities are to be resolved against
the drafting party shall not apply in the interpretation of this Agreement, or any portions
hereof, or any amendments hereto.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
the date and year first above written.
CITY OF NATIONAL CITY
.� 1. > --
Chris Zapata, City Manager
APPROVED AS FORM:
Jodi L. Dou tte
Senior Ass t t City Attorney
APPROVED AS TO FORM:
George H. Eiser, III
City Attomey
10
U.S. MOBILE WIRELESS
COMMUNICATIONS, INC., DBA
DAY WIRELESS SYSTEMS
(Corporation — signatures of two corporate officers)
(Partnership — one signature)
(Sole proprietorship — one signature)
By:
(Name
Goril D•
(Printt))
Crc f*
(Title)
By:
(Name)
(Print)
(Title)
Day Wireless Systems
8300 Juniper Creek Lane, Suite 100
San Diego, CA 92126
Customer:
Contact:
Address:
City/State/Zip
Phone/Fax:
Proposal
National City Police
Dave Noteware
1200 National City Boulevard
National City
619.250 -1827/619-3 36-4 525
DAY
vnsr: r
Date: 10/9/2008
Acct #:
Quotation No 3631
Item
Quantity
Description
Unit Cost
Extended
0
1
CELLULAR FULL BAND AND PCS
$ 7,336.54
$ 7,336.54
0
2
806.6.0 GHZ INDOOR MULTIBAND
$ 69.23
$ 138.46
0
1
800-900/1700-2500 MHZ OMNI ANT
$ 75.00
$ 75.00
0
1
0.800-3.00 GHZ 2-WAY POWER DIVIDER/COMBINER
$ 101.02
$ 101.02
0
500
1/2" TRANSMISIION LINE
$ 2.77
$ 1,385.00
0
10
1f2" "N" MALE CONNECTORS
$ 93.30
$ 933.00
0
0
0
$ -
$
0
0
0
$ -
$ -
0
0
0
$ -
$
0
0
0
$ -
$ -
0
0
$ -
$ -
0
0
$ -
$ -
0
0
$ -
$ -
0
0
S -
5 -
0
0
5 -
$
0
0
$ -
$ -
0
0
$ -
$
0
0
$ -
$
0
0
$ -
$ -
0
1
0
$ -
$ -
Parts
$9,969.02
Labor Quoted is for work performed during normal
business hours: M-F, 8AM to 5PM
Shipping
$199.38
Labor
$9,600.00
Tax
$872.29
Total
$20,640.69
Scope of Work
Labor to install AT& T BDA at National City Police building and test for proper operation.
Thank you for the opportunity to provide you with this information. Please refer to the above quotation number when contracting for
this work. Please contact me if I may be of further assistance. This quotation is good for 60 days.
Name
Office Ph:
Fax:
Email:
Martin Rosas
858-537-0709
858-537-9598
mrosas dayweeless.com
Day Wireless Systems Confidential
Call Center Rep:
Office Ph:
Email:
Fax:
Quote
Page 1
EXHIBIT "A"
ACORD CERTIFICATE OF LIABILITY INSURANCE
9/10/2 081
PRODUCER (503) 241-9221 FAX: (503) 542-0621
Durham and Bates Agencies Inc
g
720 SW Washington
Suite 250
Portland OR 97205-3554
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
NAIC #
INSURED
US Mobile Wireless Communications, Inc.
DBA: Day Wireless Systems
4700 SE International Way
Milwaukie OR 97222
INSURER A OneBeacon America Ins. Co
INSURER B Navigators Insurance
INSURER
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 1MTH 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.
ILT R
LTR
ADD'LJNSRD
JNSRD
TYPE OF INSURANCE
POLICY NUMBER
DATE (ICYMMIDDm)
DATE (MNVDDFYY)POLICY N
LIMITS
A
GENERAL
X
LIABILITY
COMMERCIAL GENERAL LIABILITY
7110099180001
7/1/2008
7/1/2009
EACH OCCURRENCE
S 1,000,000
DAMAGE TO RENTED
PREMISES (Ea occurrence)
$ 1,000,000
X
1
CLAIMS MADE I X I OCCUR
MED EXP (Any one person)
$ 10,000
X
$iIlM Umbrella
PERSONAL 8 ADV INJURY
$ 1,000,000
GENERAL AGGREGATE
$ 2,000,000
PRODUCTS - COMP/OP AGG
S 2,000,000
GEN'L
AGGREGATE LIMiT APPLIES PER
PCL:CY JJEECOT ri LOC
A
X
AUTOMOBILE
X
LIABILITY
ANY AUTO
7110099180001
7/1/2008
7/1/2009
COMBINED SINGLE LIMIT
(Ea accident)$
1,000,000
BODILY INJURY
(Per person)
S
BODILY INJURY
(Per accdent)
$
PROPERTY DAMAGE
(Per accident)
$
GARAGE
LIABILITY
ANY AUTO
AUTO CNLY • EA ACCIDENT
$
OTHER THAN EA ACC
$
AUTO ONLY AGG
$
B
EXCESS/UMBRELLA
X
L
OCCUR
LIABILITY
CLAIMS MADE
S -
SF08EXC161165NV
7/1/2008
7/1/2009
EACH OCCURRENCE
$ 8,000,000
AGGREGATE
S 8,000,000
$
$
$
A
WORKERS COMPENSATION AND
EMPLOYERS LIABILITY
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED,
I1 yes, describe under
SPECIAL PROVISIONS below
7110099180001
WASHINGTON STOP GAP
EMPLOYERS LIABILITY
7/1/2008
7/1/2009
WC
O TRLIIS X ER
E :. EACH ACCDENT
$ 500,000
E L DISEASE . EA EMPLOYEE
$ 500,000
E L DISEASE - POLICY LIMIT
$ 500,000
A
OTHER GARAGEKEEPERS
7110099180001
7/1/2008
7/1/2009
cotc2REKENsnre a
COLLISION LIMIT $250,000
DEDUCTIBLE $ 500
DESCRIPTION OF OPERATIONS/LOCATIONS1VEHICLESIEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
Certificate Holder is included as additional insured with regard to operations of the Named Insured, as their interest
may appear, subject to policy terms, conditions and exclusions. Form VCA201 0205 and VCG205 02 05 are attached.
*Except 10 days notice for non-payment.
CERTIFICATE HOLDER
CANCELLATION
gorcutt@nationalcityca.gov
City of National City
1243 National City Blvd
National City, CA 91950
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 REPRESENTATNE
Joanna Brown/MJK
t — �
ACORD 25 (2001108)
INS025 (clog) o8a
ACORD CORPORATION 1988
Pace 1 cf 2
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
@VANTAGE FOR GENERAL LIABILITY
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE FORM
The following schedule lists the coverage extensions provided by this endorsement. Refer to the individual provi-
sions to determine the extent of your coverage.
SCHEDULE OF COVERAGE EXTENSIONS
1. Additional Insured - Broad Form Vendors
2. Additional Insured — by Contract, Agreement or
Permit relating to:
o Work performed by you
o Premises you own, rent, lease or occupy
o Equipment you lease
3. Aggregate Limit Per Location
4. Blanket Waiver of Subrogation
5. Bodily Injury Redefined- Mental Anguish
6. Broadened Named Insured
7. Broadened Property Damage
o Borrowed Equipment
o Customers' Goods
o Use of Elevators
8. Broadened Property Damage Rented Premises
9. Coverage Territory — Worldwide
10. Duties in Event of Occurrence, Claim or Suit
11. Expected or Intended Injury (PD)
12. Incidental Medical Malpractice
13. Medical Payments
14. Mobile Equipment Redefined
15. Newly Acquired or Formed Organizations
16. Non -Owned Aircraft
17. Non -Owned Watercraft
18. Personal and Advertising Injury
19. Product Recall Expense
20. Supplementary Payments increased Limits
1. ADDITIONAL INSURED - BROAD FORM VENDORS
Section I1— Who Is An Insured is amended to include as an additional insured any person(s) or organization(s)
(referred to below as vendor) with whom you agreed in a written contract or agreement to provide insurance,
but only with respect to "bodily injury" or "property damage" arising out of "your products" which are distributed
or sold in the regular course of the vendor's business, subject to the following additional exclusions:
a. This provision 1. does not apply to:
(1) "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the
assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages
that the vendor would have in the absence of the contract or agreement;
(2) Any express warranty unauthorized by you;
(3)
(4)
(5)
Any physical or chemical change in the product made intentionally by the vendor;
Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing or the
substitution of parts under instructions from the manufacturer, and then repackaged in the original
container;
Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make
or normally undertakes to make in the usual course of business, in connection with the distribution or
sale of the products;
(6) Demonstration, installation, servicing or repair operations, except such operations performed at the
vendor's premises in connection with the sale of the product;
Products which, after distribution or sale by you, have been labeled or relabeled or used as a container,
part or ingredient of any other thing or substance by or for the vendor; or
"Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or
omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does
not apply to:
(a) The exceptions contained in Subparagraphs 4. or 6.; or
(b) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally un-
dertakes to make in the usual course of business, in connection with the distribution or sale of the prod-
ucts.
(7)
(8)
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(9) Any person or organization if the "products -completed operations hazard" is excluded either by the pro-
visions of the Coverage Form or by endorsement.
b. This insurance does not apply to any insured person or organization, from whom you have acquired such
products, or any ingredient, part or container, entering into, accompanying or containing such products.
2. ADDITIONAL INSURED — CONTRACT, AGREEMENT OR PERMIT
a. Section II - Who Is An Insured is amended to include as an additional insured any person(s) or organiza-
tion(s) with whom you agreed in a written contract, written agreement or permit to provide insurance such
as is afforded under this Coverage Part, but only with respect to liability for "bodily injury", "property dam-
age" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or
omissions of those acting on your behalf:
1. In the performance of "your work" for the additional insured(s) at the location designated in the contract,
agreement or permit; or
2. In the maintenance, operation or use of equipment leased to you by such person(s) or organization(s),
or
3. In connection with premises you own, rent, lease or occupy.
This insurance applies on a primary or primary and non-contributory basis if that is required in writing by the
contract, agreement or permit.
b. The insurance provided to the additional insured herein is limited. This insurance does not apply:
1. Unless
(a) the written contract, agreement or permit is currently in effect or becomes effective during the term
of this policy; and
(b) the contract or agreement was executed or permit issued prior to the "bodily injury", "property dam-
age", or "personal and advertising injury";
2. To any person or organization included as an insured under the Additional Insured - Broad Form Ven-
dors provision of this endorsement;
3. To any person or organization included as an insured by an endorsement issued by us and made part
of this Coverage Part;
4. To any person or organization if the "bodily injury", "property damage", or "personal and advertising in-
jury" arises out of the rendering of or failure to render any professional architectural, engineering or
surveying services by or for you including:
(a) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports,
surveys, field orders, change orders or drawings and specifications; or
(b) Supervisory, inspection, architectural or engineering activities.
5. To any:
(a) Lessor of equipment after the equipment lease expires; or
(b) Owners or other interests from whom land has been leased; or
(c) Managers or lessors of premises if:
(1) The "occurrence" takes place after you cease to be a tenant in that premises; or
(2) The "bodily injury", "property damage", "personal and advertising injury" arises out of structural
alterations, new construction or demolition operations performed by or on behalf of the man-
ager or lessor.
6. To "bodily injury, or "property damage" occurring after:
(a) All work on the project (other than service, maintenance or repairs) to be performed by or on be-
half of the additional insured at the site of the covered operations has been completed; or
(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 per-
forming operations for a principal as part of the same project.
c. Limits of Insurance applicable to the additional insured are those specified in the 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;
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2. Claims made or "suits" brought; or
3. Persons or organizations making claims or bringing "suits".
These Limits of Insurance are inclusive of and not in addition to the Limits of Insurance shown in the Decla-
rations.
3. AGGREGATE LIMIT PER LOCATION
a. Under Section III — Limits of Insurance, the General Aggregate Limit applies separately to each of your
"locations" owned by or rented or leased to you.
b. Under Section V — Definitions, the following definition is added:
"Location" means premises involving the same or connecting lots, or premises whose connection is in-
terrupted only by a street, roadway, waterway or right-of-way of a railroad.
4. BLANKET WAIVER OF SUBROGATION
Section IV - Transfer of Rights of Recovery Against Others to Us Condition is amended to add 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 your ongoing operations done under a written contract or agreement
with that person or organization and included in "your work" or the "products -completed operations hazard".
This waiver applies only to persons or organizations with whom you have a written contract, executed prior to
the "bodily injury" or "property damage", that requires you to waive your rights of recovery.
5. 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 at any time.
6. BROADENED NAMED INSURED
Section II - Who Is An Insured is amended to include as an insured the following:
Any organization which is a legally incorporated entity in which you own a financial interest of more than 50
percent of the voting stock on the effective date of this endorsement will be a Named Insured until the 180`h day
or the end of the policy period, whichever comes first, provided there is no other similar insurance available to
that organization.
The insurance afforded herein does not apply to any entity which is also an insured under another policy or
would be an insured under such policy but for its termination or the exhaustion of its limits of insurance.
7. BROADENED PROPERTY DAMAGE — BORROWED EQUIPMENT, CUSTOMERS' GOODS AND USE OF
ELEVATORS
The insurance for "property damage" liability is subject to the following:
a. The Damage To Property exclusion under Section I Coverage A is amended as follows:
1. The exclusion for personal property in the care, custody or control of the insured does not apply to
"property damage" to equipment you borrow while at a job site and provided it is not being used by
anyone to perform operations at the time of loss.
2. The exclusions for
(a) Property loaned to you;
(b) Personal property in the care, custody or control of the insured; and
(c) That particular part of any property that must be restored , repaired or replaced because "your
work" was incorrectly performed on it
do not apply to "property damage" to "customers' goods" while on your premises nor do they apply to
"property damage" arising from the use of elevators at premises you own, rent, lease or occupy.
Subject to the Each Occurrence Limit, the most we will pay for "property damage" to "Customers'
Goods" is $25,000 per "occurrence".
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
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Copyright2004,i�iinn�nnninnnnnnn ninnnn!nin i
on any other basis. Any payments by us will follow the Other Insurance — Excess provisions in the COM-
MERCIAL GENERAL LIABILITY CONDITIONS.
8. BROADENED PROPERTY DAMAGE — RENTED PREMISES
a. In the Damage To Property exclusion under Section I Coverage A, the exclusion for "property damage" to:
Property you own. rent or occupy;
does not apply to real property you rent or temporarily occupy with permission of the owner.
b. In Section III— Limits Of Insurance, the Damage To Premises Rented To You Limit is amended as follows:
Subject to the Each Occurrence Limit, $500,000 is the most we will pay under Coverage A for damages
because of "property damage" to any one premises while rented to you or occupied by you with permission
of the owner. If any amount other than $500,000 is shown in the Declarations as the Damage To Premises
Rented To You Limit, the amount shown in the Declarations will replace $500,000 as the Limit of Insurance
provided for this coverage.
c. The insurance afforded by this Provision 8. 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 Insurance provisions in the
COMMERCIAL GENERAL LIABILITY CONDITIONS.
9. COVERAGE TERRITORY — WORLDWIDE
The definition of "coverage territory" is 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.
10. 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 compensa-
tion claim, you must comply with the Duties In The Event Of Occurrence, Offense, Claim Or Suit Condi-
tion.
11. 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.
12. INCIDENTAL MEDICAL MALPRACTICE — EMPLOYED PHYSICIANS, NURSES, EMT'S AND PARAMEDICS
a. Under Section II — Who Is An Insured the paragraph that excludes an employee or volunteer worker as in-
sured for "bodily injury" or "personal and advertising injury" arising out of his or her providing or failing to
provide professional health care services does not apply to a physician, dentist, nurse, emergency medical
technician or paramedic employed by you if you are not engaged in the business or occupation of providing
medical, paramedical, surgical, dental, x-ray or nursing services.
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VCG 205 02 05
b. The insurance afforded by this provision is excess over any other valid and collectible insurance whether
such insurance is primary, excess, contingent or on any other basis. Any payments by us will follow the
Other Insurance — Excess Insurance provisions in the COMMERCIAL GENERAL LIABILITY CONDITIONS.
13. MEDICAL PAYMENTS - INCREASED LIMITS AND TIME PERIOD
a. In the Insuring Agreement under Coverage C Medical Payments, the requirement that expenses are in-
curred 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
Expense Limit, whichever is greater.
c. This provision 13. does not apply if Coverage C - Medical Payments is otherwise excluded either by the
provisions of the Coverage Form or by endorsement. _
14. 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.
15. NEWLY FORMED OR ACQUIRED ORGANIZATIONS
Under Section II - Who Is An Insured, the time period limitation for newly acquired or formed organizations is
replaced by:
Coverage under this provision is afforded only until the end of the current policy period.
16. NON -OWNED AIRCRAFT
a. The Aircraft, Auto Or Watercraft exclusion under Coverage A Bodily Injury And Property Damage
Liability does not apply to an aircraft that is:
1. Hired, chartered or loaned with a paid crew; and
2. Not owned by any insured.
b. The insurance afforded by this provision 16. is excess over any other valid and collectible insurance
(including any deductible or Self Insured Retention) available to the insured, whether such insurance is pri-
mary, excess, contingent or on any other basis. Any payments by us will follow the Other Insurance - Ex-
cess Insurance provisions in the COMMERCIAL GENERAL LIABILITY CONDITIONS.
17. NON -OWNED WATERCRAFT
a. Section II - Who Is An Insured is amended to include as an insured for any watercraft that is covered by
this policy, any 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" to a co -"employee" of the person operating the watercraft; or
2. "Property damage" to property owned by, rented to, in the charge of or occupied by you or the em-
ployer of any person who is an insured under this provision.
b. In the exception to the Aircraft, Auto Or Watercraft exclusion under Coverage A Bodily Injury And Prop-
erty Damage Liability, the limitation on the length of a watercraft is increased to 51 feet.
c. The insurance afforded by this provision 17. is excess over any other valid and collectible insurance
(including any deductible or Self Insured Retention) available to the insured, whether such insurance is pri-
mary, excess, contingent or on any other basis. Any payments by us will follow the Other Insurance — Ex-
cess Insurance provisions in the COMMERCIAL GENERAL LIABILITY CONDITIONS.
18. PERSONAL AND ADVERTISING INJURY
The following is added to the definition of "personal and advertising injury":
Discrimination because of race, color, creed, national origin, age, sex or physical disability, where insurance
therefore is not prohibited by law, but only if such discrimination is:
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a. not done intentionally by or at the direction of:
(1) the insured; or
(2) any executive officer, director, stockholder, partner or member of the insured staff; and
b. not directly or indirectly related to the employment, prospective employment or termination of employment
of any person or persons by any insured.
The insurance afforded under this provision does not apply to fines or penalties, or that portion of any award or
judgment caused by trebling or multiplication of actual damages under state or federal law.
This provision does not apply if Coverage B — Personal and Advertising Injury Liability is otherwise excluded
either by the provisions of this Coverage Form or by any endorsement.
19. PRODUCT RECALL EXPENSE
a. With respect to this Provision 19., the Recall Of Products, Work Or Impaired Property exclusion under
Coverage A Bodily Injury And Property Damage Liability is deleted.
b. The following is added to Section III - Limits Of Insurance section:
1. The Limits of Insurance shown in the Product Recall Schedule and rules below fix the most we will pay
regardless of the number of
(a) Insureds;
(b) "Covered recalls" initiated; or
(c) Number of "your products" recalled.
2. The Product Recall Aggregate Limit is the most we will reimburse you for the sum of all "product recall
expenses" incurred for all "covered recalls" initiated during the policy period.
3. Subject to 2. above, the Each Product Recall Limit is the most we will reimburse you for the sum of all
"product recall expenses" arising out of any one "covered recall" for the same defect or deficiency.
Products Recall Schedule
Limits of Insurance
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
remaining period of less than 12 months, starting with the beginning of the policy period shown in the Decla-
rations, unless the policy period is extended after issuance for an additional period of less than 12 months.
In that case, the additional period will be deemed part of the last preceding period for the purposes of de-
termining the Limits of Insurance.
c. The following is added to the Duties In The Event Of Occurrence, Offense, Claim Or Suit provision
under Section IV - 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 expense":
1. Give us prompt notice of any discovery or notification that "your product" must be withdrawn or recalled. In-
clude a description of "your product" and the reason for the withdrawal or recall;
2. Cease any further release, shipment, consignment or any other method of distribution of like or similar
products until it has been determined that all such products are free from defects that could be a cause of
loss under this insurance;
3. As often as may be reasonably required, permit us to inspect "your product" that demonstrates the need for
the "covered recall" and permit us to examine your books and records. Also permit us to take damaged and
undamaged samples of "your products" for inspection, testing 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 us to examine any insured under oath, while not in the presence of any other insured and at such
times as may reasonably be required, about any matter relating to this insurance or your claim, including an
insured's books and records. In the event of an examination, an insured's answers must be signed.
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d. The following definitions are added to the Definitions Section:
1. "Covered recall" means a recall made necessary because the insured or a government body has deter-
mined that a known or suspected defect, deficiency, inadequacy or dangerous condition in "your product"
has resulted in or will result in "bodily injury" or "property damage".
2. "Product Recall Expense" means:
(a) The following necessary and reasonable expenses you incur exclusively for the purpose of recalling
"your product":
For communications, including radio or television announcements or printed advertisements
including stationery, envelopes and postage;
(2) For shipping the recalled products from any purchaser, distributor or user to the place or places
designated by you;
(3) For remuneration paid to your regular "employees" for necessary overtime;
(4) For hiring additional persons, other than your regular "employees";
(5) Incurred by "employees", including transportation and accommodations;
(6) To rent additional warehouse or storage space; or
(7) For disposal of "your products", but only to the extent that specific methods of destruction other
than those employed for trash discarding or disposal are required to avoid "bodily injury" or
"property damage" as a result of such disposal, but
"product recall expenses" does not include costs of regaining your market share, goodwill, revenue or profit.
(b) "Product Recall Expense" does not include any expenses resulting from:
(1) Failure of any product to accomplish its intended purpose;
(2) Breach of warranties of frtness, quality, durability or performance;
(3) Loss of customer approval, or any cost incurred to regain customer approval;
(4) Redistribution or replacement of "your product" which has been recalled by like products or substi-
tutes;
(5) Caprice or whim of the insured;
(6) A condition likely to cause loss of which any insured knew or had reason to know at the inception of
this insurance; and
(7) Recall of "your products" that have no known or suspected defect solely because a known or sus-
pected defect in another of "your products" has been found
20. SUPPLEMENTARY PAYMENTS - INCREASED LIMITS
In the SUPPLEMENTARY PAYMENTS - Coverages A and B provision:
a. The limit for the cost of bail bonds is amended to $2,500; and
b. The limit for reasonable expenses incurred by the "insured" is amended to $500 a day.
(1)
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THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
@VANTAGE FOR AUTOMOBILE
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
1. 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
8. Drive Other Car — Executive Officers
9. Duties In The Event of Accident, Claim, Suit or Loss
10. Employees As Insureds
11. Extra Expense — Broadened Coverage
12. Fellow Employee Exclusion
13. Glass Repair — Waiver of Deductible
14. Hired Auto Physical Damage Coverage
15. Hired Auto — Worldwide Coverage Territory
16. Lease Gap Coverage
17. Liability Coverage — Supplementary Payments
18. Newly Formed or Acquired Organizations
19. Physical Damage — Transportation Expenses
20. Towing — Any Auto
1. ADDITIONAL INSURED BY CONTRACT
The Who Is An Insured provision under SECTION II — LIABILITY COVERAGE is amended to include as Ian
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 insured by 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 an 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 a 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, a 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 — LOSS CONDI-
TIONS 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.
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6. BROAD FORM NAMED INSURED
a. The Who Is An Insured provision under SECTION II — LIABILITY COVERAGE is amended to include the
following:
Any organization which is a legally incorporated entity in which you own a financial interest of more than
50% of the voting stock on the effective date of this Coverage Form will be a Named Insured until the 180th
day or the end of the policy period whichever comes first, provided there is no other similar insurance avail-
able to that organization.
b. Paragraph a. of this provision 6. does not apply to "bodily injury" or "property damage" for which an
"insured" is also an insured under any other automobile policy or would be an insured under such a policy,
but for its termination or the exhaustion of its limit of insurance.
7. COMMUNICATIONS EQUIPMENT
a. The exclusion for electronic equipment under Exclusions of SECTION III — PHYSICAL DAMAGE COVERAGE
does not apply to loss of any permanently installed, non -removable communications equipment designed
for use as a:
1. Citizen's band radio;
2. Two-way mobile radio or telephone;
3. Scanning monitor receiver, or
4. GPS Navigation System
including its antenna and other accessories.
b. No Deductible applies to this additional coverage.
c. The most we will pay for this coverage is $2,000 per occurrence.
8. DRIVE OTHER CAR — EXECUTIVE OFFICERS
a. The Who Is An Insured provision under SECTION II — LIABILITY COVERAGE is amended to include:
If you are designated in the Declarations as:
1. An individual; you and your spouse.
2. A partnership; your partners and their spouses.
3. An organization other than an individual or a partnership; you "executive officers" and their spouses.
b. SECTION 11 — LIABILITY COVERAGE and SECTION III — PHYSICAL DAMAGE COVERAGE are extended
to include "autos" you don't own, hire, lease or borrow while in the care, custody or control of an insured
listed in 8.a. This does not include any "auto":
1. Owned by any insured listed in 8.a., or any member of their household, including any such "auto" that is
owned but not insured;
2. Used by an insured listed in 8.a. while working in the business of selling servicing, repairing or parking
autos; or,
3. Insured under another policy of insurance.
If Medical Payments, Uninsured/Underinsured Motorist, Personal Injury Protection or other compulsory
coverages required by the governing jurisdiction are covered on this policy, then insureds listed in 8.a.
above and family members residing in the same households are "insureds" while:
1. Occupying as a passenger, or
2. A pedestrian when struck by
any auto you do not own, hire, lease or borrow, except any auto owned by that insured listed in 8.a, their
family members of an auto insured under any other policy.
c. The limits and deductibles applicable to this provision will be the largest applicable to any owned "auto" for
the specific insurance.
d. The following definition is added to SECTION V — DEFINITIONS of the policy:
"Executive officer" means a person holding any of the officer positions created by your charter, constitu-
tion, by-laws or any similar governing document.
e. The Other Insurance Condition, under SECTION IV — BUSINESS AUTO CONDITIONS, does not apply to
the provisions of this Drive Other Car endorsement. There is no "other insurance" applicable to this en-
dorsement.
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i
9. DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS
Under SECTION IV — BUSINESS AUTO CONDITIONS — the Duties In The Event Of Accident, Claim,
Suit Or Loss Condition is amended as follows:
The requirements that you must
a. notify us of an "accident" claim, "suit" or "loss" and
b. send us documents concerning a claim or "suit"
apply only when such "accident" claim, "suit" or "loss" is known to:
a. You, if you are an individual;
b. A partner, if you are a partnership;
c. An executive officer of the corporation or insurance manager, if you are a corporation; or
d. A manager, if you are a limited liability company.
10. EMPLOYEES AS INSUREDS
The Who Is An Insured provision under SECTION II — LIABILITY COVERAGE is changed by adding the
following:
Any employee of yours while using a covered "auto" you don't own, hire or borrow in your business or
your personal affairs. This coverage is excess over any other collectible insurance.
11. EXTRA EXPENSE — BROADENED COVERAGE
Under Paragraph A. of SECTION III — PHYSICAL DAMAGE COVERAGE, the following Coverage is added:
We will pay for the expense of returning a stolen covered "auto" to you subject to Paragraph C. Limit
Of Insurance.
12. FELLOW EMPLOYEE EXCLUSION
The Fellow Employee exclusion under SECTION II — LIABILITY COVERAGE does not apply if the "bodily
injury" results from the use of a covered "auto" you own or hire. This coverage is excess over any other in-
surance.
13. GLASS REPAIR — WAIVER OF DEDUCTIBLE
Under Paragraph D. Deductible — of SECTION III — PHYSICAL DAMAGE COVERAGE, the following is
added:
No deductible applies to glass damage if the glass is repaired rather than replaced.
14. HIRED AUTO — PHYSICAL DAMAGE COVERAGE
If hired "autos" are covered "autos" under SECTION II — LIABILITY COVERAGE and if Comprehensive,
Specified Causes of Loss, or Collision coverages are provided under this policy for any "auto" you own,
then SECTION III — PHYSICAL DAMAGE COVERAGE is extended to "autos" you hire, subject to the fol-
lowing limit:
The most we will pay for "loss" to any hired "auto" is the lesser of:
a. $50,000,
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
deductible applies to "loss" caused by fire or lightning. Hired Auto Physical Damage coverage is excess
over any other collectible insurance.
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 Toss.
The most we will pay for this loss of use coverage is $1,000 per "accident".
VCA 201 02 05
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15. HIRED AUTO — WORLDWIDE COVERAGE TERRITORY
The definition of coverage territory in General Conditions — Policy Period, Coverage Territory — of SEC-
TION IV — BUSINESS AUTO CONDITIONS is amended to add:
Anywhere in the world for autos hired for 30 days or Tess, provided that any "suit" is brought in the
United States of America (including its territories and possessions), Puerto Rico or Canada.
16. LEASE GAP COVERAGE
Under Paragraph C. Limit of Insurance — of SECTION III - PHYSICAL DAMAGE COVERAGE, the follow-
ing is added:
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 this 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 mileage charges;
taxes; overdue payments; penalties, interest or charges resulting from overdue payments; or lease termina-
tion fees.
17. LIABILITY COVERAGE EXTENSIONS — SUPPLEMENTARY PAYMENTS
Under SECTION II — LIABILITY COVERAGE, the Coverage Extension for Supplementary Payments is re-
vised 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.
18. NEWLY FORMED OR ACQUIRED ORGANIZATIONS
a. The 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
ownership.
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
acquisition or formation.
c. Paragraph a. of this 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 $1,800.
20. TOWING — COVERED AUTOS
Under SECTION ill — 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.
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Certificate of Insurance
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE IS NOT AN
INSURANCE POLICY AND DOES NOT AMEND, EXTEND, OR ALTER THE COVERAGE AFFORDED BY THE POLICIES LISTED.
This is to Certify that
US MOBILE WIRELESS COMMUNICATIONS INC
DAY WIRELESS SYSTEMS
PO BOX 22169
MILWAUKIE OR 97269-2169
1N3W1Myd30 30110d A.1I0 7Y,Noinft,
a3A1303N
r
800t 9 0100
33idd0 __gg_J
is, at the date of the certificate, insured by the Company under the policy(ies) listed below. The insurance afforded by the listed policy(ies)
is subject to all their terms, exclusions and conditions and is not altered by any requirement, term or condition of any contract or other
document with respect to which this certificate may be issued.
Liberty
Northwest
Menbc, •I:,:w,n WAV14 t,nr,pr,
Liberty Centre
650 NE Holladay Street
PO Box 4555
Portland, OR 97208-4555
Tel: 503 239 5800
www.libertynorthwest.com
TYPE OF POLICY
EXPIRATION
DATE
POLICY NUMBER
LIMITS OF LIABILITY
1 0/01/2009
WC4— 1NC-014909
COVERAGE AFFORDED UNDER W C LAW OF
FOLLOW:NG STATES
CA •
EMPLOYERS LIABILITY LIMITS
Each Accident $ 1,000,000
Disease - policy omit $ 1,000,000
Disease - each employee $ 1 , 0 0 0, 0 0 0
COVERAGE AFFORDED UNDER W C LAW OF
FOLLOWING STATES
EMPLOYERS LIABILITY LIMITS
Each Accident
Disease - policy limit
Disease - each employee
WORKERS'
E COMPENSAT'ON
MARITIME COVERAGE - FOLLOWING STATES
LIMIT OF LIAB - MARITIME COVERAGE
GENERAL LIABILITY
Commercial General
Liability (Occurrence)
Owner's and Contractors
Protective
General Aggregate
Products Comp/Ops Aggregate
Personal & Advertising Injury
Each Occurrence
Fire Damage (Any one tire)
Medical Expense (Any one person)
$
$
$
$
$
$
AUTOMOBILE LIABILITY
Any Auto
All Owned Autos
Scheduled Autos
Hired Autos
Non -owned Autos
Garage Liability
CSL
Bodily Injury (Per Person)
Bodily Injury (Per Accident)
Property Damage
$
$
$
$
LOCATION(S) OF OPERATIONS & JOB # ;IF APPLICAB_EI
ALL OPERATIONS
DESCRIPTION OF OPERATIONS
MAIL AND FAX: 619-336-4525
CANCELLATION:
SHOULD ANY OF
COMPANY WILL
FAILURE TO MAIL
REPRESENTATIVES.
THE ABOVE DESCRIBED POLICIES
ENDEAVOR TO MAIL 10 DAYS
BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING
WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED BELOW, BUT
NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, OR
SUCH NOTICE SHALL IMPOSE
CITY OF NATIONAL CITY
CHIEF OF POLICE
1243 NATIONAL CITY BLVD
NATIONAL CITY CA 91950-4397
ltI� �IIIIuSuIuI�IIuunInInIIuI,Iu,IunIuInIuIlnIInl
/ U AUTHORIZED REPRESENTATIVE
EFS ct 9/29/2008 PORTLAND
DATE ISSUED OFFICE
CERTIFA
W01000
OFFICE OF THE CITY CLERK
1243 National City Blvd., National City, CA 91950
619-336-4228 phone • 619-336-4229 fax
DAY WIRELESS SYSTEMS
Bi-Directional Antenna for the Police Dept.
Police Department Forwarded Copy of Contract
to Vendor