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HomeMy WebLinkAbout2010 CON Day Wireless - Amendment #1 City's Radio Communications EquipmentFIRST AMENDMENT TO AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND U.S. MOBILE WIRELESS COMMUNICATIONS, INC., DBA DAY WIRELESS SYSTEMS This FIRST Amendment to Agreement By and Between the City of National City and U.S. Mobile Wireless Communications, Inc., dba Day Wireless Systems ("Amendment") is entered into this 1st day of July 2010, 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 the Agreement By and Between the City of National City and U.S. Mobile Wireless Communications, Inc., DBA Day Wireless Systems 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 of the City of National City, for the period of July 1, 2009 through June 30, 2010. WHEREAS, the parties now seek to continue the maintenance of the two-way radio communications, provide for additional services, and extend the length of the Agreement for one-year, expiring on June 30, 2011. 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 is through June 30, 2011. 2. The scope of services, stated in Section 2 of the Agreement, is increased by adding the work described in Exhibits A and B. The specific subsections of the Agreement are amended by adding the following: 2.A. SCOPE OF SERVICES — POLICE DEPARTMENT. The CONTRACTOR shall perform the services set forth in Exhibit B for the Police Department during the extended one-year term through June 30, 2011. 2.B. SCOPE OF SERVICES — FIRE DEPARTMENT, Contractor shall perform the services set forth in Exhibit A for the Fire Department during the extended one-year term through June 30, 2011. 3. The compensation and payment, stated in Section 4 of the Agreement is amended by adding the following: 4. COMPENSATION AND PAYMENT. The total amount for all work performed under this Amendment shall not exceed forty-six thousand five -hundred nine dollars ($46,509.00). This total amount includes the following limits on the amounts payable based on the scope of services identified above, in this Amendment. 4.A. POLICE DEPARTMENT. The total cost for all work performed for the Police Department pursuant to this Amendment shall not exceed thirty-three thousand six -hundred dollars ($33,600.00). This not to exceed amount includes the specific scope of services set forth in Exhibit B totaling eighteen -thousand six -hundred ($18,600.00) for the term of this Amendment, and up to the remaining balance for additional as -needed work during the term of this Amendment, as allowed and set forth in Section 2.D. of the Agreement. 4.B. FIRE DEPARTMENT. The total cost for all work performed for the Fire Department pursuant to this Amendment shall not exceed twelve -thousand nine -hundred nine dollars ($12,909.00) for the term of this Amendment, as detailed in Exhibit A. 4. Each and every term and provision of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment on the date and year first above written. CITY OF NATIONAL CITY on Morrison, Mayor APROVED AS TO FORM: If k audia G. Silva, Esq. City Attorney U.S. MOBILE WIRELSS COMMUNICATIONS, INC., DBA DAY WIRELESS SYSTEMS INC. Company/Contractor) (corporation — signatures of two corporate officers) (insert name) (insert title) By: (insert name) (insert title) '= xy/,6fr A4- 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 Department ATTN: Brenda Hodges 619-336-4570 BILLING ADDRESS: 1243 National City Blvd CITY: National City ZIP 91950 CONTRACT START DATE: 7/1/2010 YES AUTO RENEWAL: NO SERVICE AGREEMENT DATE 5/12/2010 CUSTOMER #: NAT1 30 DAY WIRELESS SYSitMS CUSTOMER/AGREEMENT: 634-00 CUSTOMER CONTACT: Capt. Mark Gundert/Judy Wilkins 619-336-4550 TELEPHONE 1 FAX EXPIRATION DATE: 6/30/2011 619-336-4550/619-336-4562 JWilkins@nationalcityca.gov PAGE 1 OF 1 WHEN THIS AGREEMENT IS ACCEFTFD BY LIS MOBILE WIRELESS. THE EQUIPMENT ON THE CUSTOMEWOGREEMENT OR DER REFERENCED ABOVE WILL BE SEN VICEH BYV U.S. MOBILE WIRELESS IN ACCORDANCETIIE TERMS AND CONDITIONS PRIMED ON ATTACHMENT. THIS AGREENEM DOES OCT INCLUDE REPLACEMENT OF ANTENNAS BATTER IFS, OR SERVICE OF ANY TRANSMISSION UNE, AN 1 ENNA. TOWER CR TOWER I IGRTINC. UNLESS SUCH WORN IS DESCRIBED BELOW QTY MODEL NUMBER/SERIAL NUMBER/DESCRIPTION PLACE OF SERVICE CUSTOMER LCCATKDN SVC CTR DRIVE-IN SVC CTR WIILaN MON I HLY SVC AMOUNT PER UNIT EXTENDED SPECIAL INSTRUCTIONS: 4 24 33 6 30 2 4 17 Astro XTL5000 Mobile Control Station Astro XTL5000 Mobiles 1 W/Dual CH XTS5000 Portables XTS3000 Portables x 15.00 60.00 HOURS OF SERVICE: 8:00 AM TO 4:30 PM Monday thru Friday excluding weekends and holidays. x x x 15.00 9.00 9.00 360.00 297.00 54.00 An annual preventive maintenance inspection is included in this contract and is to be schedules by a representative of the Fire Dept. Vehicular Tri-chem charger Battery Maint Systems Impress Rapid Rate Chargers Speaker Mics x x x 7.50 3.00 3.00 225.00 6.00 12.00 This contract includes at parts and labor with the exception of antennas, batteries, cables programming, physical abuse and water/chemical damage. x 2.00 34.00 5 Desktop Chargers Model AA1670 Batt Maint System Model WPLN4079BR x 3.75 18.75 x 9.00 9.00 PAYMENT CYCLE: [ ] ANNUALLY [ ] SEMI-ANNUALLY [ ] QUARTERLY [x] MONTHLY [ ] OTHER (SPECIFY IN SPECIAL INSTRUCTIONS) TAX EXEMPT: [ ] YES, ATTACH EXEMPT CERTIFICATE [x] NO TOTAL PER MONTH $1,075.75 TAXES $0.00 TOTAL $1,075.75 THE ABOVE SERVICE AMOUNT IS SUBJECT TO STATE d LOCAL TAXING JURISDICTIONS, TO BE VERIFIED BY DAY WIRELESS [ X] NEW [ ]ADJUSTMENT AGREEMENT AGREEMENT# Additional terms, deflnilons and condil)ns of Nis SERVICE AGREEMENT are printed an page 2 PURCHASE NUMBER AUTHORIZED CUSTOMER (SIGNATURE) DATE: SERVICE REPRESENTATIVE (SIGNATURE) DATE: DAY WIRELESS SYSTEMS SERVICE AGREEMENT dba: US Mobile Wireless Communications, Inc. 8300 Juniper Creek Lane STE 100 Da.TE 6/18/2010 San Diego, CA 92126 858-537-0709 Fax: 858-537-9570 CUSTOMER NAME' City of National City - Police Department CUSTOMER #: NAT140 ATTN Accounts Payable BILLING ADDRESS: 1243 National City Blvd. CITY National City ZIP 91950 CONT2A,T STP:RT DATE: 7/1/2010 YES AUTO RENEWAL: NO DAY.. .. T WtRCLCS$ SYSTEMS CUSTOMER:ACREEMENT`. 565-00 CUSTOMER CONTACT Dave Noteware - Support Services Manager TELEPHONE !FAX# 619-336-4509 Fax:619-336-4525 EXPIRATION DAT'r. 6/30/2011 PAGE 'I O= WHEN THIS AGR EEMENT IS ACCEPTED BY US MOBILE WIRELC55 THE FOIIIRMENT ON THE CUSTOMER/ADR,EMENT CRDCR REFS RENTED ABOVE WI'a BE SERVICED BY US. MOBILE WIRELESS IN ACCORDANCE WISH THE TERNS AND CONDII GNS PRINTED ON ATTACHMENT THIS AGREEMENT DOES NOT INCLUDE R,PIACEMENT OF ANTENNAS HA I'EA IES OR BERNICE OF ANY'RANSMI55ION LINE ANTENNA TOWER OR TOWER _I HTING UNLESS 911CH NiORK IS JESCPIBEO BE VV L PLACE OF SERVICE MON I HLY 5VC AMOUN r SPECIAL INSTRUCTIONS: QTY MODEL NUMBER/SERIAL NUMBER/DESCRIPTION CUSTOMER LOCATION S'VCCTR DRIVE-IN SVCCTR MAILHN HOURS OF SERVICE: 8:00 AM TO 4:30 PM Monday thru Friday excluding weekends and PER UNIT EXTENDED holidays. 3 Mobile Control Stations' X 9.00 27.00 3 Reomote Op Positions` X 74.00 222.00 An annual preventative maintenance inspection is included in this contract and is to be 1 Spectra Consolette Existing' X 25.00 25.00 scheduled by a representative of National City Police Department. 1 Ethernet Router' X 15.00 15.00 1 Ethernet Switch' X 15.00 15.00 This contract includes all parts and labor with the exception of antennas, batteries, cables 1 Tensor Channel Bank' X 25.00 25.00 programming, physical abuse and water/checmical damage. Contract also does not cover 9 XTL5000 Consolettes' X 9.00 81.00 gooseneck mics, foot pedals or headset jacks. 3 RDA X 20.00 60.00 15 Astro Mobiles X 8.00 120.00 17 XTS3000 Portables X 8.00 136.00 0Der13tsar th nem Is CO ert L=rlder 24 7 365 67 XTS5000 Portables X 8.00 536.00 20 XTS2500 (warranty) X 2.00 40.00 Contract included pick up and delivery of portables. 6 XTS5000 Portables (Warranty X 2.00 12.00 j X 1 NEW [ 1 ADJUSTMENT AGREEMENT AGREEMENT# 56 Astro Mobiles (Warranty) X 4.00 224.00 3 Moto Astros (Warranty) X 4.00 12.00 AdSllional terms, definitions and CODdinnns of tDis SERVICE AGREEMENT are prided on page 2 PURCHASE NUMBER Continued en page 2 of 3 Totals for page 1 PAYMENT CYCLE: TAX EXEMPT: [ ] ANNUALLY [ ] YES, ATTACH EXEMPT [ 1 SEMI-ANNUALLY CERTIFICATE [ ] QUARTERLY [ X 1 NO [ X ] MONTHLY [ 1 OTHER (SPECIFY IN SPECIAL INSTRUCTIONS) TOTAL PER MONTH $1,550.00 TAXES $0.00 TOTAL $1,550.00 AUTHORIZED CUSTOMER (SIGNATURE) DATE: THE ABOVE SERVICE AMOUNT IS SUBJECT TO STATE &LOCAL TAXING JURISDICTIONS, TO BE VERIFIED BY DAY WIRELESS SERVICE REPRESENTATIVE(SIGNATURE) r TF' ACORD CERTIFICATE OF LIABILITY INSURANCE DATE (MM/ODIYYYY) 10/1/2009 PRODUCER (503) 241-0154 FAX: (503) 542-0625 Durham and Bates Agencies Inc 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 Milwaukee OR 97222 INSURER A: See Below For Vrs Cos. 37478 INSURER B. INSURER C. INSURER 0: INSURER E. COV THE REQUIREMENT, THE AGGREGATE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED DR MAY PERTAIN; INSURANCE AFFORDED BY THE POLCIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR ADD'L INSRD TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MM/DD/YY) POLICY EXPIRATION DATE (MM/DD/YY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES (Ea occurrence) $ CLAIMS MADE OCCUR MED EXP (My one person) $ PERSONAL B. ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ PRO- POI.ICY JECT LOC AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS COMBINED SINGLE LIMIT (Ea accident BODILY INJURY (Per person) S BODILY INJURY (Per accident $ PROPERTY DAMAGE (Par accident) $ GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR I J CLAIMS MADE AGGREGATE $ 'DEDUCTIBLE RETENTION $ $ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER.EXCLUDED? Ifyes, describe under SPECIAL PROVISIONS below 52WELN9641 OR -Hartford of MidWest CA -Hartford Accident Ind NV -Hartford Casualty 10/1/2009 10/1/2.010 x WC ST TU- OTH- ER E.L EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000.,000 OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLIISIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS RE: Continuing Maintenance Projects throughout National City. Waiver of Subrogation in favor of The City of City is attached per form WC 00 03 13, subject to all policy terms, conditions, limitations and exclusions. cart to: City of National City, Attn: Ronni Zengota, 1200 National City Blvd, National City, CA 91950-4301. National Mail orig CERTIFICATE HOLDER CANCELLATION (619)336-4525 rzengota@nationalcityca..go CITY OF NATIONAL CITY ATTN: RONNI ZENGOTA 1243 NATIONAL CITY BLVD NATIONAL CITY, CA 91950-4301 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) NS025 (0108).o6a ©ACORD CORPORATION 1988 Page 1 of 2 IMPORTANT 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 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT Policy Number: Endorsement Number: Effective Date: Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address: We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. SCHEDULE Countersigned by Form WC 00 03 13 Printed in U.S.A. Authorized Representative ACORD,. CERTIFICATE OF LIABILITY INSURANCE PRODUCER (503) 241-015.4 FAX: (503) 542-0625 Durham and Bates Agencies Inc 720 SW Washington Suite 250 Portland OR 97205-3554 INSURED US Mobile Wireless Communications, Inc. DBA: Day Wireless Systems 4700 SE International Way Milwaukie OR 97222 DATE (MMIDDMIYY). 10/2/2009 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 # INSURER A: OneBeacon America Ins. Co INSURER B: Navigators Insurance INSURER C. INSURER D: INSURER E COV 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 LTR ADO'L INSRD TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE(MM/DD/YY) POLICY EXPIRATION DATE(MM/OD/YY) LIMITS A X GENERAL LIABILITY 71,10099180003 10/1/2009 10/1/2010 EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES (Ea occurrence) $ 1,000,000 CLAIMS MADE X OCCUR MEDEXP(Any one person) $ 10,000. X $1MM Umbrella PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,000 PRO - POLICY JECT X LOC A X AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS 7110099180003 10/1/2009 10/1/2010 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000. X BODILY INJURY (Per person) $ BODILY IN.IURY (Per accident) PROPERTYDAMAGE (Per accident) $ GARAGE LIABILITY ANY AUTO AUTO ONLY- EA ACCIDENT $ OTHER THAN EA ACC. $ AUTO ONLY: AGG $ B EXCESS/UMBRELLA LIABILITY SF09EXC161165NV - 7/1/2009 10/1/2010 EACH OCCURRENCE $. 8,000,000 X I OCCUR CLAIMS MADE AGGREGATE $ 8, 000, 000 DEDUCTIBLE RETENTION $ $ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICEPJMEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS below 7110099180003 WASHINGTON STOP GAP EMPLOYERS LIABILITY 10/1/2009 . 10/1/2010 TORYLA TUTS X. OT E.L. EACH ACCIDENT $ 500,000 E.L. DISEASE-- EA EMPLOYEE $ 500, 000 E.L. DISEASE - POLICY LIMIT $ 500,000 A OTHER GARAGEKEEPERS 7110099180003 10/1/2009- 10/1/2010 COMPREHENSIVE AND COLLISION LIMITS $250,000 DEDUCTIBLE $ 500 DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLESIEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS 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 205 02 05 as respects General Liability only and VCA 201 01 09 as respects Automobile Liability only when required by written contract, subject to the terms, conditions, limitations and exclusions of the policy. *Except 10 days notice for non-payment of premium, Mail Original cart to: City of National City Attn: Ronni Zengota; 1200 National City Blvd, national City, CA 91950-4301. CERTIFICATE HOLDER CANCELLATION (619)336-4525 rzengota@nationalcityca. CITY OF NATIONAL CITY ATTN: RONNI ZENGOTA 1243 NATIONAL CITY BLVD NATIONAL CITY, CA 91950-4301 go 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 50 SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS. AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Joanna Brown/MJK C ACORD 25 (2001/08) NS025 (01D8). 08a ©ACORD CORPORATION 1988 Page 1 of 2 IMPORTANT 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 Policy #711009918-0003 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 Walercratt 18. Personal and Advertising Injury 19. Product Recall Expense 20. Supplementary Payments increased Limits 1. ADDITIONAL INSURED - BROAD FORM VENDORS Section II —Who is An insured is amended to include as an additional insured any persons) or organizations) (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 ofthe 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 theabsence of the contract or agreement; (2) Any express warranty unauthorized by you; (3) Any physical or chemical change in the product made inientionaily by the vendor; (4) 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 tomake 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; (7) 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 (8) "Bodily injury" or. "property damage" arising out of the sole negligence ofthe 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. (5) VCG 206 02 06 Indudes copyrighted malmlal of Insurance Ser Ices Office, inc. Page 1 of 7 Copyright 2004, OneBeaeon Insurance Group (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. Thls 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 ll - Who Is An Insured is amended to include as an additional insured any person(s) or organiza- tions) 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- formingoperations 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; Page 2 of 7 Includes copyrighted material of Insurance services 0ffice, Inc. VCG 205 02 06 copyright20D4, OneBeacon Insurance Group 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 contractor 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 anytime. 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' day or the and 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. Theexclusions 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. e. The insurance afforded by thls provision is excess over any other valid and collectible property insurance (including any deductible) available to the insured whether such insurance isprimary, excess, contingent or VCG2060206 Includes copyrighted material of Insurance Services Office, Inc. Page 3 of 7 Copyright 2004, OneBeacon Insurance Group 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 !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 m — 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 pertioular "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 "properly 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. Page 4 of 7 Includes coprigtted materiel of Insurance Se/Vices Office, Inc. VCG 205 02 05 Corrirlght 2004, OneBeacon Insurance Group 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 11- 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) availableto 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 CONDmONS. 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 insuredwith 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 thls provision 17. is excess over any other valid and collectible insurance (including any deductible or Self InsuredRetention) 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: VCG 206 02 08 Includes copyrighted materiel or Insurance Services Office, Inc. Page 5 of 7 Copyright 2004, OneBeasen Insurance Group 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 remalning 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 alt such products ere 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 totake 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. Page 8of7 Includes copyrighted material of Insurance Services Office, Inc. VC(3 206 02 05 Copyright 2004, OneSeacon Insurance Group 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": - (1) 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•atcommodatfons; (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 fitness, 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. VCG2050206 Includes copyrighted material of insurance Services Office, Inc. Page 7017 Copyright 2004. 0neaeacon Insurance Group Policy #711009918- )3 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 individual provi- sions to determine the extent of your coverage. 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. 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. Towing — Any Covered Auto 1. 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 perrnit, to provide insurance such as is afforded under this Coverage Form. Such personor organization is an "insured" only with respect to liability for "bodily injury" or "property damage" caused, in whole or inpart 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 thispolicy, we will pay to reset or re- place an airbag that accidentally discharges without the vehicle being involved in an accident. Nodeductible 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 — 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 thecontractis 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. VGA 201 01 09 Includes copyrighted material of Insurance Services Office, Inc. Page 1 of 5 Copyright 2004. 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 180'h 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 pol- icy, 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 COVER- AGE does not apply to loss of any permanently installed, non -removable communications equipment de- signed 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 $5,000 per occurrence. 8. DIMINUTION IN VALUE The "diminution in value" exclusion under SECTION 19 — PHYSICAL DAMAGE COVERAGE, B. Exclusions does not apply if the covered "auto" is a private passenger "auto" and is leased, rented, hired or borrowed with- out a driver for a period of 30 days or less and is used in the conduct of the insured's business. The most we will pay for "loss" arising out of an "accident" Is the lesser of $7,500 or 20% of the actual cash value of the "auto" as determined by Kelley Blue Book or other independent valuation sources. 9. 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; your "executive officers" and their spouses. b. SECTION II — LIABIUTY 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 9.a_ This does not Include any "auto": 1. Owned by any "insured" listed in 9.a., or any member of their household, including any such "auto" that is owned but not insured; 2. Used by an "insured'' listed in 9.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 9.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 9.a, their family members or 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. Page 2 of 5 Includes copyrighted material of Insurance Services Office, Inc. VCA 20101 09 Copyright 2004,1 d. The following definition is added to the DEFINITIONS section 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. 10. 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 "lose; 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. 11. EMPLOYEES AS. INSUREDS The Who Is An Insured provision under SECTION II - LIABILITY COVERAGE is changed by adding the fol- lowing: 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. 12. EMPLOYEE HIRED AUTOS The following is added to the Who Is An Insured Provision: An "employee" of yours is an "insured" while operating an "auto" hired or rented under a contact or agreement in that "employee's" name, with your permission, while performing duties related to the conduct of your busi- ness. For purposes of this coverage grant, paragraph 5.13. of the Other Insurance Condition in the Business Auto Coverage Form is replaced by the following: b. For Hired Auto Physical Damage Coverage, the following are deemed to be covered "autos" you own: 1. Any covered "auto" you lease, hire, rent or borrow; and 2. Any covered "auto" hired or rented by your "employee" under a contract in that individual "employee's" name, with your permission, while performing duties related to the conduct of your business. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". This coverage is excess over any othor collectible insurance. 13. FELLOW EMPLOYEE EXCLUSION The Fellow Employee exclusion under SECTION II - LIABILITY COVERAGE does not apply if the "bodily in- jury" results from the use of a covered "auto" you own or hire. This coverage is excess over any other insur- ance. 14. 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, 15. 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 providedunder this policy for any "auto" you own, then SECTION III —PHYSICAL DAMAGE COVERAGE is extended to "autos" you hire, subject to the following limit: The most we will pay for "loss" to any hired "auto" is the lesser of: a. $75,000 for "autos" of the private passenger type and $50,000 for all other "autos"; VCA 20101 09 Includes copyrighted material of Insurance Services Office, Inc. Page 3 of 5 Copyright 2004, 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 "loss" 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 wit 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 III - PHYSICAL DAMAGE COVERAGE, the following is added. If 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 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 payrnents; 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. 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 aver 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 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 111 — 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 the "foss" and ending, regardless of the policy's expiration, six (6) days after the "loss". Page 4 of 5 Includes copyrighted material of Insurance Services Office. Inc. VCA 2010109 Copyright 20e4, Payment is limited to 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 III — 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 0109 Includes copyrighted material of Insurance Services Office, Inc. Page 5 of 5 Copyright 2004, ACOR p® CERTIr ;ATE OF LIABILITY INS RANCE DATE IMM/DD(YYYY) 10/6/2009 PRODUCER '(503) 241-0154 FAX: (503) 542-0625 Durham and Bates Agencies Inc 720 SW Washington Suite 250 Portland OR 97205-3554 INSURED US Mobile Wireless Communications, Inc. DBA: Day Wireless Systems 4700 SE International Way Milwaukee 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 NAIC # INSURER A: OneBeacon Insurance (CL) INSURER B. 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 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 IIgqOD'L LTR INSRD TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MMIOD/YYYY) POLICY EXPIRATION DATE (MM/DDIYYYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES (Ea occurrence) $ CLAIMS MADE OCCUR MED EXP (Any one person) $ _ PERSONAL 8 ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ POLICY JECT , LOC AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY Pererson I $ BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT S OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS UMBRELLA LIABILITY OCCUR [ J CLAIMS MADE EACH OCCURRENCE $ AGGREGATE $ DEDUCTIBLE RETENTION $ $ $ WORKERS AND EMPLOYERS' ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER (Mandatory If yes, describe SPECIAL PROVISIONS COMPENSATION LIABILITY YIN WC STATU- OTH- TORY LIMITS ER E.L. EACH ACCIDENT $ EXCLUDED? E.L. DISEASE - EA EMPLOYE $ in NH) under below E.L. DISEASE - POLICY LIMIT $ A OTHERTechnology EGO 7110113880001 Liability Claims -Made 10/1/2009 � 10 1 2010 � � Each Claim A / ggregate $2 000 000 SIR/Ded-Each Claim $ 10,000 RPtro Date June 7, 2006 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / 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. CERTIFICATE HOLDER CANCELLATION (619)336-4525 rzengota@nationalcityca.go CITY OF NATIONAL CITY ATTN: RONNI ZENGOTA 1243 NATIONAL CITY BLVD NATIONAL CITY, CA 91950-4301 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3 0 * DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SD SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Joanna Brown/MJK ACORD 25 (2009/01) INS025 (200901) © 1988-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD IMPORTANT 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 This Certificate of Insurance 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 (2009101) INS025 (200901) RESOLUTION NO. 2010 — 232 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A FIRST AMENDMENT TO THE AGREEMENT WITH DAY WIRELESS SYSTEMS IN AN AMOUNT NOT TO EXCEED $46,509 TO PROVIDE MAINTENANCE, SERVICE, AND INSTALLATION OF THE CITY'S RADIO COMMUNICATIONS EQUIPMENT, MAINTAIN INFRASTRUCTURE FOR MOBILE AND PORTABLE RADIOS AND ON -CALL SERVICES, AND OTHER PROJECTS AS NEEDED WHEREAS, on December 1, 2009, the City Council adopted Resolution No. 2009-285, approving an Agreement with Day Wireless Systems for an amount not to exceed $57,005.04 to provide general services related to two-way radio communications maintenance for the City of National City, including certain projects for the Police Department, Fire Department, and Neighborhood Services for the period of July 1, 2009 through June 30, 2010; and WHEREAS, the City and Day Wireless Systems desire to exercise the option provided in the Agreement to extend the term for an additional one-year term, and amend the scope of services to include additional work for the Police Department and Fire Department for the not -to -exceed amount of $46,509. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute the First Amendment to the Agreement with Day Wireless Systems in the not -to -exceed amount of $46,509 to provide maintenance, service, and installation of the City's radio communications equipment, maintain infrastructure for mobile and portable radios and on -call services, and other projects as needed for an additional one-year term, expiring on June 30, 2011. PASSED and ADOPTED this 5th day of October, 2010. ATTEST: Michael R. Dalla,'City Clerk APPROVED AS TO FORM: laudia G. Silv Ci y Attorn n Morrison, Mayor Passed and adopted by the Council of the City of National City, California, on October 5, 2010 by the following vote, to -wit: Ayes: Councilmembers Morrison, Sotelo-Solis, Van Deventer, Zarate. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California City Clerk of the City f National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2010-232 of the City of National City, California, passed and adopted by the Council of said City on October 5, 2010. City Clerk of the City of National City, California By: Deputy CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT caocq-1o5 MEETING DATE: October 5, 2010 AGENDA ITEM NO. 15 'EM TITLE: Resolution of the City Council of the City of National City authorizing the Mayor to execute an Amendment to the Agreement with Day Wireless Systems, in an amount not to exceed $46,509.00, to provide maintenance, service and installation of the City's radio communications equipment, maintain infrastructure for mobile and portable radios, on call services a other projects as needed. PREPARED BY: Ronni Zengota, Operations Assistant DEPARTMENT: Police /Fire PHONE: Ext. 4516 r,N3 APPROVED BY: EXPLANATION: On December 1, 2009, the City Council of the City of National City approved the Agreement with Day Wireless Systems and allows the parties to extend the agreement for three (3) additional one year terms Day Wireless has maintained and serviced the City's 2-way radio communications equipment, installed and relocated cabling, installed modems, maintains the infrastructure on site for the City's mobile and portable radios, installed radio equipment to include bi-directional antennas, radio antennas, modem installations, relocated antenna cables and provided preventative maintenance on City radios and also public safety radios since approximately 1999. Day Wireless is the certified Motorola vendor for the Regional Communications System (RCS) of which the City of National City is a member. This amendment in the amount not -to exceed $46,509.00, through June 30, 2011, allows the parties to —;tend the agreement for three (3) additional one-year terms. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: Amounts are budgeted in respective departments and cannot exceed the following: Police Dept - $33,600.00 Fire Department - $12,909.00 ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Adopt the Resolution BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: ay Wireless Amendment and attachments es sow\\oa r,o. ao- aba rNcORprmATeu October 12, 2010 Mr. Amador Macias Day Wireless Systems 8300 Juniper Creek Lane, Suite 100 San Diego, CA 92126-1072 Dear Mr. Macias, OFFICE OF THE CITY CLERK 1243 National City Blvd. National City, California 91950 Michael R. Dalla, CMC - City Clerk 619-336-4228 phone • 619-336-4229 fax On October 5th, 2010, Resolution No. 2010-232 was passed and adopted by the City Council of the City of National City, authorizing execution of Amendment #1 to Agreement with Day Wireless Systems. We are enclosing for your records a certified copy of the above Resolution and a fully executed original Amendment. Sincerely, Michael R. Dalla, CMC City Clerk Enclosures cc: Police Dept.