HomeMy WebLinkAbout2011 CON Georgie Stillman - Kimball House MuseumAGREEMENT
BY AND BETWEEN
THE CITY OF NATIONAL CITY
AND
GEORGIE STILLMAN, ASA
THIS AGREEMENT is entered into this 25th day of April, 2011, by and between
the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and Georgie Stillman, an
ASA and USPAP Certified, Professional Appraiser (the "CONTRACTOR").
RECITALS
WHEREAS, the CITY desires to employ a CONTRACTOR to provide appraisal
services for furnishings contained in the Kimball House museum.
WHEREAS, the CITY has determined that the CONTRACTOR is 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 the attached Exhibit "A".
The CONTRACTOR shall be responsible for all research and reviews 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 CONTRACTOR shall appear at meetings as needed to keep staff
and City Council advised of the progress on the project.
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 corresponding reduction or increase in the
compensation associated with said change in services, not to exceed a factor of 10% from the
base amount.
3. PROJECT COORDINATION AND SUPERVISION.
Brenda E. Hodges, Community Services Director 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 CONTRACTOR.
Georgie Stillman thereby is designated as the Project Coordinator for the CONTRACTOR.
4. COMPENSATION AND PAYMENT.
The compensation for the CONTRACTOR shall be based on actual work
performed. Billings shall include labor classifications, respective rates consistent with Exhibit
'A'. Invoices will be processed for payment and remitted within thirty (30) days from receipt of
invoice, provided that work is accomplished consistent with Exhibit "A" as determined by the
CITY.
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. ACCEPTABILITY OF WORK. The City shall decide any and all
questions which may arise as to the quality or acceptability of the services performed and the
manner of performance, the acceptable completion of this Agreement and the amount of
compensation due. In the event the CONTRACTOR and the City cannot agree to the quality or
acceptability of the work, the manner of performance and/or the compensation payable to the
CONTRACTOR in this Agreement, the City or the CONTRACTOR shall give to the other written
notice. Within ten (10) business days, the CONTRACTOR and the City shall each prepare a
report which supports their position and file the same with the other party. The City shall, with
reasonable diligence, determine the quality or acceptability of the work, the manner of
performance and/or the compensation payable to the CONTRACTOR.
6. LENGTH OF AGREEMENT.
On -Site inspection, listing and photography to be started June 1, 2011.
Appraisal to be completed, and final reports/documents submitted to the City by July 15, 2011.
7. 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
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City's Standard Agreement — June 2008 revision
disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to
intellectual property and artistic works.
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.
8. 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.
9. 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.
10. 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.
11. 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.
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f
12. LABOR COMPLIANCE PROGRAM
A. Pursuant to Labor Code Section 1771.7, the City has implemented
and shall enforce a Labor Compliance Program (LCP). The Contractor, and any subcontractors, is
required to comply with the requirements of the City's LCP, and applicable provisions of the Labor
Code and Federal, State, and local laws related to Labor. The Contractor hereby expressly agrees
to comply with the requirements of the City's LCP, and applicable provisions of the Labor Code and
Federal, State, and local laws related to Labor at no additional cost to the City.
B. The City's LCP includes, but is not limited to, provisions requiring the
Contractor to comply with the prevailing rates of wages, maintenance and submission of weekly
certified payroll records, employment of apprentices, compliance with legal hours of work, and
debarment as set forth in the Articles herein. The City's LCP also requires the Contractor to attend
a pre -construction meeting and allow City representatives to conduct on site interviews of workers
to ensure that prevailing wages are being paid. Failure to comply with these provisions or any
other provisions of the City's LCP shall result in the withholding of Contract payments by the City.
The Contractor expressly acknowledges these provisions and agrees to comply with these
provisions and any provisions in the City's LCP.
C. The Contractor shall require subcontractors to comply with these
provisions at no additional cost to the City.
13. PREVAILING RATES OF WAGES
A. The Contractor is aware of the requirements of Califomia Labor Code
Sections 1720 et seq. and 1770 et seq., as well as California Code of Regulations, Title 8, Section
16000 et seq. ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and
the performance of other requirements on certain "public works" and "maintenance" projects. Since
this Project involves an applicable "pubic works" or "maintenance" project, as defined by the
Prevailing Wage Laws, and since the total compensation is $2,000 or more, Contractor agrees to
fully comply with such Prevailing Wage Laws. The Contractor shall obtain a copy of the prevailing
rates of per diem wages at the commencement of this Agreement from the website of the Division
of Labor Statistics and Research of the Department of Industrial Relations located at
www.dir.ca.gov/dlsr/. In the alternative, the Contractor may view a copy of the prevailing rates of
per diem wages at the City Engineers office. Contractor shall make copies of the prevailing rates
of per diem wages for each craft, classification or type of worker needed to perform work on the
Project available to interested parties upon request, and shall post copies at the Contractor's
principal place of business and at the Project site. Contractor shall defend, indemnify and hold the
City, its elected officials, officers, employees and agents free and harmless from any claims,
liabilities, costs, penalties or interest arising out of any failure or allege failure to comply with the
Prevailing Wage Laws and/or the City's LCP.
B. The Contractor and each subcontractor shall forfeit as a penalty to the
City not more than fifty dollars ($50) for each calendar day, or portion thereof, for each worker paid
less than the stipulated prevailing wage rate for any work done by him, or by any subcontract under
him, in violation of the provisions of the California Labor Code. The difference between such
stipulated prevailing wage rate and the amount paid to each worker for each calendar day or
portion thereof for which each worker was paid less than the stipulated prevailing wage rate shall
be paid to each worker by the Contractor.
C. As a further material part of this Contract, Contractor agrees to hold
harmless and indemnify the City, its elected officials, officers, employees and agents from any and
all claims, liability, loss, costs, damages, expenses, fines and penalties, of whatever kind or nature,
including all costs of defense and attorneys' fees, arising from any alleged failure of Contractor or
its subcontractors to comply with the prevailing wage laws of the State of California. If the City or
any of the indemnified parties are named as a party in any dispute arising from the failure of
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Contractor or its subcontractors to pay prevailing wages, Contractor agrees that the City and the
other indemnified parties may appoint their own independent counsel, and Contractor agrees to pay
all attorneys' fees and defense costs of the City and the other indemnified parties as billed, in
addition to all other damages, fines, penalties and losses incurred by the City and the other
indemnified parties as a result of the action.
14. 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 frame
specified or, when not specified, then within a commercially reasonable time.
15. 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.
16. 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
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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.
17. 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.
18. 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 attomey'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.
19. INSURANCE. The CONTRACTOR, 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. Errors & Omissions Insurance with limits of $250,000 per occurrence /
$500,000 aggregate covering errors and omissions arising out of the operation of the
agreement.
B. In lieu of Workers' Compensation insurance, contractor must sign/submit
the City's Worker's Compensation Declaration form.
C. 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 loss under said insurance. Said policies shall provide for thirty (30) days prior
written notice to the CITY of cancellation or material change.
D. If required insurance coverage is provided on a "claims made" rather than
"occurrence" form, the CONTRACTOR shall maintain such insurance coverage for zero years
after expiration of the term (and any extensions) of this Agreement. In addition, the "retro" date
must be on or before the date of this Agreement.
E. Any aggregate insurance limits must apply solely to this Agreement.
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F. Insurance shall be written with only Califomia 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. In the event coverage is provided by non -admitted
"surplus lines" carriers, they must be included on the most recent California List of Eligible
Surplus Lines Insurers (LESLI list) and otherwise meet rating requirements.
G. 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.
H. All deductibles and self -insured retentions in excess of $10,000 must be
disclosed to and approved by the CITY.
20. 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 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.
21. 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.
22. 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.
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Citys Standard Agreement — June 2008 revision
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.
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.
23. 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 CITY:
To CONTRACTOR:
Brenda E. Hodges, C.P.M.
Community Services Director
City of National City
140 E. 12th Street
National City, CA 91950-4301
Georgie Stillman, ASA
580 Twin Oaks Avenue
Chula Vista, CA 91910
PH: (619)429-0610
EM: georgies@cox.net
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.
24. CONFLICT OF INTEREST AND POLITICAL REFORM ACT
OBLIGATIONS. During the term of this Agreement, the CONTRACTOR shall not perform
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City's Standard Agreement — June 2008 revision
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 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.
25. 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 other 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 shall be governed by and construed in
accordance with the laws of the State of California.
I. Entire Agreement. This Agreement supersedes any prior agreements,
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 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.
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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 NA 'i NAL CITY GEORGIE STILLMAN, ASA
By:
Chris ap- City Manager
A • ROV D TO FO
C
City Attorne
By:
Georgie S illman, Owner
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City's Standard Agreement — June 2008 revision
GEORGIE STILLMAN, ASA ��181T A
580 Twin Oaks Avenue
Chula Vista, California 91910
619-429-0610
BALL HOUSE APPRAISAL FEE PROPOSAL - 3i9i1
BEDROOM
Eastlake bed, matching vanity & dresser
Walnut rococo bed
Walnut rococo dresser with mirror
Three (3) dressers & 1 mirror
Night stand
4 matching walnut rococo chairs
English Victorian chair
Ottoman
Wicker cabinet
Wicker baby pram
Kimball family bedroom set
$ 1,500
PARLOR $1,500
Settee
Mirror
Desk
Console table
Three (3) matching chairs
Center table
Two (2) matching chairs
Eastlake rocking chair
Wall shelf
Organ *
DINING ROOM
Table
Four (4) chairs
$1,500
1
GEORGIE STILLMAN, ASA
580 Twin Oaks Avenue
Chula Vista, California 91910
619-429-0610
FCIi 1PAL USE AFPPRAISAL. FEE PROPOSAL 3/9l11
Settee
Two (2) chairs
Four (4) matching chairs
Two (2) Eastlake chairs
DINING ROOM cont.
Parlor table
Clock *
HALLWAY
Pier mirror
Three (3) pieces of wicker
Plant stand
Mirror with sconces
$ 500
ART WORKS $1,200 - $3,600
Approximately eighteen (18) items - I have provided a range for the artworks fee
estimate because I have not examined these items closely. Many are not significant
appraisal concerns, but several may be more important. Additionally, there may be
conservation issues that I need to address in my report. The fee will be "not to exceed"
$3,400, but might be less.
CARPETS $ 500
3 — 4 'Oriental' carpets. 1 will consult with carpet expert Pamela Bensoussan, ASA,
and if there is an additional fee it will not be covered by this estimate
* Organ & clock might need inspection of the mechanism by an expert, and if there is an
additional fee it will not be covered by this estimate
2
GEORGIE STILLMAN, ASA
580 Twin Oaks Avenue
Chula Vista, California 91910
619-429-0610
KIMBALL HOUSE APPRAISAL FEE PROPOSAL - 3/9/11
E & 0 & LICENSE FEES
E & O Fee: $725
National City Business License: $100
National City Business Vehicle Fee: $ 65
PROJECT TOTAL:
$ 890
$7,590 - $9,990
PROJECT TIMING: The final report will be submitted with 45 calendar days of notice to
proceed.
31
CITY OF NATIONAL CITY
Finance Department
619 336-4330
National City 39 / 39344
03/24/2011 10:53:05.000 Reg WXPCASHF1
Validation Receipt
CHARGES-
001-00000-3040
BL georgie stillman $
65.00
Sub -total $*********65.00
PAYMENT -
Check - 2981 $ 65.00
george stillman
Change $**********0.00
THANK YOU!
Business Hours:
7:00 - 6:00 Monday through Thursday
Closed on Fridays
CORP
City Of National City
DECLARATION AND ADDENDUM TO ALL CONTRACTS AWARDED TO:
GEORGIE STILLMAN, ASA
(Company Name)
For the purpose of inducing the City of National City to go forward with any contracts awarded to
Georgie Stillman, ASA, I declare as follows:
I, Georgie Stillman, owner, am an independent contractor for the purposes of the California Workers'
Compensation and Labor laws. I will hire no employees other than my parents, spouse, or children for
work required for any bid or contract awarded to my company.
All work required will be performed personally and solely by me, my parents, spouse, or children. If,
however, I shall ever be required to hire employees or Subcontractors to perform this contract, I shall
obtain Workers' Compensation Insurance and/or provide proof of Workers' Compensation Insurance
coverage to the City of National City.
This document constitutes a declaration by me against my financial interest, relative to any claims I
should assert under the California Workers' Compensation and/or Labor laws against the City of
National City relating to any bid or contract awarded to Georgie Stillman, ASA.
I will defend, indemnify, and hold harmless the City of National City, its officers and employees, from
any and all claims and liability, including Workers' Compensation claims and liability that may be
asserted or established by any party in the event I hire an employee in violation of this addendum, and
I will further indemnify the City of National City, its officers and employees, for all damages the City
thereby suffers.
I agree that these declarations shall constitute an addendum to any bid awarded to Georgie Stillman,
ASA.
Dated: c2¢-C_. ' ' ,2011.
Georgie Stillman, ASA
(Company)
By:
547/ryiary,
(Signature of Authorized Representative)
Georgie Stillman, Owner
(Name and Title)
Report a claim, schedule an appraisal,
and reserve a rental car on usaa.com, 24/7.
Accident Tow: 1-800-531-8722
Roadside Assistance: 1-800-531-8555
FCA1
CALIFORNIA AUTOMOBILE INSURANCE IDENTIFICATION CARD
This identification card is evidence of liability insurance for your vehicle. The card is valid only as long
as liability insurance remains in force. KEEP A COPY OF THE ID CARD IN YOUR VEHICLE AT ALL TIMES.
You may be required to produce your identification card at vehicle registration or inspection, when
applying for a driver's license, following an accident, or upon a law enforcement officer's request.
50781-0510
CALIFORNIA EVIDENCE OF FINANCIAL RESPONSIBILITY
Name and Address of Insured NAIC 25968
GEORGIE STILLMAN MAYALL
580 TWIN OAKS AVE
CHULA VISTA CA 91910-5613
GEORGIE STILLMAN MAYALL
Insurance Company
USAA CASUALTY INSURANCE COMPANY
Policy Number
00724 41 59C 7101 5
Vehicle Make/Vehicle Identificaton Number
TOYOTA JT3GP10V4X7062907
Effective Date
01/17/11
Expiration Date
07/17/11
Year
1999
This policy provides at least the minimum amounts of liability insurance
required by the CA VEH CODE SECTION 16056 for the specified vehicle and
named insureds and may provide coverage for other persons and other
vehicles as provided by the insurance policy.
back
California Evidence of Financial Responsibility
Keep this card.
IMPORTANT: The California Financial Responsibility
Act (Section 16020) of the Vehicle Code requires every
owner or operator of a vehicle subject to the
requirements of the Financial Responsibility Act to carry
evidence of financial responsibility in the vehicle at all
times. Under vehicle code (Section 16028) every driver
involved in an accident must provide evidence of
financial responsibility at the scene. Failure to comply is
an infraction and shall be punishable by fines,
impoundment or license suspension.
Additional copies available at usaa.com
POLICY SERVICE (800) 531-8111
CLAIMS (800) 531-8222
9800 Fredericksburg Road, San Antonio, Texas 78288
EVIDENCE OF INSURANCE
APPRAISER'S PROFESSIONAL LIABILITY INSURANCE
ITEM 1:
ITEM 2:
POLICYHOLDER - ISSUED TO THE
AMERICAN SOCIETY OF APPRAISERS
POLICY NO. NAC 1380
EVIDENCE NO. 8000530
NAMED INSURED:
Ms. Georgie Stillman
EFFECTED WITH
UNDERWRITERS AT LLOYD'S OF
LONDON
(NOT INCORPORATED)
MAILING ADDRESS OF NAMED INSURED:
580 Twin Oaks Avenue
Chula Vista, CA 91910
LLOYD'S ILLINOIS, INC.
181 W. MADISON ST., SUITE 3870
CHICAGO, IL 60602-4541
ITEM 3: COVERAGE PERIOD:
INCEPTION: 04/05/2011 EXPIRATION: 04/05/2012
ITEM 4: RETROACTIVE DATE: 04/05/2011
ITEM 5: LIMIT OF LIABILITY:
A) LIMIT IN ALL (INCLUDING COSTS,
CHARGES AND EXPENSES) IN RESPECT
OF EACH INCIDENT
B) LIMIT IN THE AGGREGATE (INCLUDING
COSTS, CHARGES AND EXPENSES) FOR
EACH ANNUAL PERIOD
$ 250,000
$ 500,000
ITEM 6: DEDUCTIBLE EACH CLAIM: $ 5,000
ITEM 7: TOTAL PREMIUM: $ 724
ITEM 8: ENDORSEMENTS AT COVERAGE PERIOD INCEPTION DATE:
AIF2612 (08/10) NMA1256 NMA1477
AIF2612M(08/08)
AIF2612L(07/03) AIF2612N(08/09)
BOTH DAYS AT 12:01 A.M.
LOCAL STANDARD TIME AT
THE MEMBERS MAILING
ADDRESS
THIS DOCUMENT (EVIDENCE OF INSURANCE) IS ISSUED AS NOTICE OF INSURANCE FOR INFORMATION ONLY. IT DOES NOT CONSTITUTE A
LEGAL CONTRACT OF INSURANCE. THE MASTER POLICY AND THE APPLICATION OF THE INSURED, IF ANY, FORM THE ENTIRE CONTRACT.
THIS EVIDENCE WHICH IS FURNISHED IN ACCORDANCE WITH, AND IN ALL RESPECTS IS SUBJECT TO, THE TERMS OF THE MASTER POLICY, A
COPY OF WHICH IS ATTACHED HERETO FOR INFORMATION PURPOSES ONLY AND REPLACES ANY OTHER EVIDENCE PREVIOUSLY ISSUED
COVERING THE INSURANCE DESCRIBED HEREIN.
AIF 2612 EVI (11/06)
MARSH
March 30, 2011
Ms. Georgie Stillman
580 Twin Oaks Avenue
Chula Vista, CA 91910
Dear lnsured:
Marsh U.S. Consumer
a service of Seabury & Smith, Inc.
P.O. Box 8146
Des Moines, IA 50306-8146
800-367-7950 Fax: 515-365-3043
Enclosed is your Evidence of Insurance and coverage information for Appraisers' Professional
Liability Insurance underwritten by Certain Underwriters at Lloyd's of London. Please review these
documents carefully and contact our office with any questions.
IMPORTANT NOTICES
Notice of Claim: If you become aware of a claim or circumstance which may give rise to a claim,
please refer to Section III, Conditions of the Evidence of Insurance. All Claims or circumstances
that could result in a Claim should be reported immediately, and in no event later than the
expiration date of your coverage in writing to the following:
Marsh Consumer
Appraisers Professional Liability Insurance
12421 Meredith Drive
Urbandale, IA 50323
Fax: 515-365-3043
Address changes / Mid-term requests or Questions: All address or other changes should be
made in writing to our office at:
Marsh U.S. Consumer
a service of Seabury & Smith, Inc.
P.O. Box 8146
Des Moines, IA 50306-8146
Phone: 800-367-7950
Fax: 515-365-3043
As the administrator for the ASA sponsored Professional Liability Insurance Program, we appreciate
the opportunity to assist you with your insurance needs.
Sincerely,
Mike Haley
Marsh U.S. Consumer
Phone: 800-367-7950
Fax: 515-365-3043
/17Ak Marsh & McLennan Companies
This document is to notify the Insured whose name is on the Schedule attached that the
following insurance has been effected with certain Underwriters at Lloyd's (not
incorporated) (the "Underwriters") for the Period of Coverage specified in the Schedule
under the Policy specified in the Schedule issued to the American Society of Appraisers
(the "Policyholder") in the State of Illinois. The benefits under the Policy are summarized
in this Evidence of Insurance. The coverage is subject to the terms of the Policy. The
original Policy may be inspected at the offices of the Policyholder. The respective
names of and proportions underwritten by the Underwriters can be ascertained from the
office of the Policyholder.
I. INSURANCE PROVIDED
(Coverage is provided on a Claims made and reported basis. Claim Expenses will reduce
the limit of liability available to pay loss.)
A. Coverage - Professional Liability and Claims Made Clause
Subject to the terms of the Policy, Underwriters agree to pay on behalf of the Insured all
sums, in excess of the deductible, which the Insured shall become legally obligated to
pay as Loss (including Claim Expenses) as a result of CLAIMS FIRST MADE
AGAINST THE INSURED DURING THE COVERAGE PERIOD and reported to the
Correspondent within 60 days after the end of the Coverage Period arising out of any
Wrongful Act .
Underwriters will defend any Claim or suit against the Insured seeking such amounts.
Underwriters' obligation to defend and pay for Claim Expense is limited as described
under DEFENSE AND SETTLEMENTS.
B. Territory and Coverage Period Provision
This insurance applies to Wrongful Acts, which are committed or alleged to have been
committed anywhere in the world, provided that such Wrongful Acts:
1. were committed during the Coverage Period and Claim is first made against the
Insured and reported to Underwriters via the Correspondent during the Coverage
Period or within 60 days after the end of the Coverage Period or during any
Optional Extension Period, if purchased, or;
2. which although committed prior to the Coverage Period and subsequent to the
Retroactive Date, results in a Claim being first made against the Insured and
reported to Underwriters via the Correspondent during the Coverage Period or
within 60 days after the end of the Coverage Period or during any Optional
Extension Period, if purchased, provided that the Insured, prior to the effective date
of the Coverage Period, did not know or could not have reasonably foreseen, that
such Wrongful Acts might give rise to a Claim.
C. Definitions
Certain words are defined in this Evidence of Insurance as follows:
1. "Policyholder" means the American Society of Appraisers.
2. "Schedule" means the schedule at the beginning of this Evidence of Insurance.
3. "Named Insured" means the individual or entity listed in the Schedule;
4. "Insured" and "you" mean:
a) any individual or entity listed as the Named Insured in the Schedule; or
b) any current or former principal, partner, employee or independent contractor of
AIF 2612 (08/10)
the Named Insured or Predecessor Firm but only with respect to Professional
Services performed or failed to have been performed by such principal, partner,
employee or independent contractor on behalf of the Insured.
c) any Predecessor Firm;
d) the Insured's estate, heirs, executor, administrators, assigns and legal
representatives in the event of death, incapacity, insolvency or bankruptcy of the
Insured, but only to the extent that the Insured would have been provided
coverage under the policy. Notwithstanding the foregoing, no one is an Insured
for conduct on behalf of any current or past employer, partnership or joint venture
if such current or past employer, partnership or joint venture is not specified as
an Insured in the Schedule.
5. "Bodily Injury" means injury, sickness, disease, death, mental injury, mental
anguish, mental tension,
emotional distress, pain, suffering or shock sustained by any person, whether or not
resulting from injury to the body;
6. "Personal Injury" means false arrest, detention, imprisonment, wrongful entry,
wrongful eviction, or invasion of the right of private occupancy of a room dwelling or
premises that a person occupies by or on behalf of its owner, landlord or lessor.
Personal Injury shall also include oral or written publication of material that slanders
or libels a person or organization or disparages a person's or organization's goods,
products or services;
7. The word "Loss" shall mean damages, judgments, settlements and Claim
Expenses, provided that such subject of Loss shall not include any matters which
may be deemed uninsurable under the law pursuant to which this insurance shall be
construed.
8. "Asbestos" means the element in any form, whether or not the Asbestos was at
any time:
a. airborne as a fiber, particle or dust;
b. contained in or formed as a part of a product, structure or other real or
personal property;
c. carried on clothing;
d. inhaled or ingested; or
e. transmitted by any other means.
9. "Radon" means a radioactive, largely inert gaseous element formed by the
radioactive decay of radium.
10. "Lead" means the mineral in any form, whether or not the lead was at any time:
a. airborne as a fiber, particle or dust;
b. contained in or formed as a part of a product, structure or other real or
personal property;
c. carried on clothing;
d. inhaled or ingested; or
f. transmitted by any other means.
11. "Correspondent" means Marsh Affinity Group Services, a Service of Seabury &
Smith, Inc., 1776 West Lakes Parkway, West Des Moines, IA 50398.
12. "Claim Expenses," wherever used in this Evidence, shall mean: reasonable and
necessary costs, charges, fees and expenses incurred in the defense of any Claim,
but shall not include wages, salaries or expenses of employees or officers of the
Insured or of the Underwriters. The determination by Underwriters as to the
reasonableness of Claim Expenses shall be conclusive on the Insured.
13. The words "Coverage Period" shall mean the period specified in the Schedule.
AIF 2612 (08/10)
14. The word "Claim" shall mean a demand received by the Insured for money or
Professional Services, including but not limited to the service of suit or institution of
arbitration proceedings or other alternative dispute resolution proceedings against
the Insured alleging a Wrongful Act. One or more Claims arising out of any one
single Wrongful Act, or out of related Wrongful Acts shall be treated as a single
Claim for the purpose of determining the applicable limit of liability and deductible
amount.
15. "Professional Services" means those services that the Insured is legally qualified
to perform for others as an Appraiser to fee paying clients, including Auctioneering
Services, except as noted under Section II, Exclusions W, X, & Y.
16. "Retroactive Date" shall mean the date as specified in the Schedule, on or after
which any Wrongful Act must have occurred in order for Claims first made arising
therefrom to be considered for coverage. Claims first made arising from any
Wrongful Act prior to this date are not covered by this Evidence of Insurance.
17.'Wrongful Act" means any actual or alleged act, error, or omission in the rendering
of or failure to render Professional Services.
18. "Pollutants" shall mean any solid, liquid, gaseous or thermal irritant or contaminant,
including Asbestos, Radon, Lead, fungi, microbes, smoke, vapor, soot, fumes,
acids, alkalis, chemicals and waste. Waste includes materials to be recycled,
reconditioned or reclaimed. However, it is understood that Pollutants shall not
mean systems for the treatment, storage or distribution of domestic sewage
(including those receiving industrial waste but only if such industrial waste is
pretreated in accordance with applicable governmental or regulatory standards.
19. "Pollution" shall mean the actual, alleged or threatened discharge, dispersal,
seepage, migration, release or escape of Pollutants.
20. "Predecessor Firm" shall mean any entity providing Professional Services to
whose financial assets and liabilities the entity listed as the Insured in the schedule
is the majority successor in interest.
D. Limit of Liability
1. Limit of Liability - Each Claim: Underwriters shall, subject to their aggregate limit of
liability as set forth in
paragraph (3) below, be liable for all Loss (including Claim Expense) in excess of
the amount of the deductible up to the applicable limit of liability specified in the
Schedule for each Claim. Claim Expense shall first be subtracted from the
deductible until the deductible is exhausted.
2. If a single Claim is made in different Coverage Periods, the limit of liability shall not
exceed the amount stated for the Coverage Period in which the single Claim is first
made.
3. Limit of Liability - Aggregate: The total liability of the Underwriters for all Loss
(including Claim Expenses) shall not exceed the applicable amount set forth in the
Schedule, "Limit in the aggregate for each Annual Period," as a result of all Claims
first made against the Insured during the Coverage Period.
4. The inclusion herein or the making of Claims or the bringing of suits by more than one
person or organization shall not operate to increase the Underwriters' limit of liability
for each Claim and in the aggregate.
5. If Underwriters pay Loss or Claim Expense in excess of the applicable Limit of
Liability or within the amount of the deductible, the Insured shall be liable to
Underwriters for any and all such amounts, and upon demand, shall pay such
amounts to Underwriters or their designated representative.
AIF 2612 (08/10)
E. Supplementary Payments
1. Underwriters shall pay up to $250.00 for loss of earnings to each Insured for each
day or part of a day Insured is in attendance, at Underwriter's request, at a trial,
deposition, hearing, mediation or arbitration proceeding involving a claim against
such Insured for covered Claim Expense or Loss, but the amount so payable for
any one or series of trials, depositions, hearings, or arbitration proceedings arising
out of the same or related wrongful act shall in no event exceed $10,000.00 per
Coverage Period regardless of the number of Insureds or Claims. The deductible
shall not apply to this coverage E (1). However, any payments made by
Underwriters under this clause E (1) shall be included within the applicable
aggregate limits of liability and not in addition to.
2. Underwriters shall pay up to $5,000.00 to the Insured for attorney fees and other
reasonable costs, expenses or fees resulting from the investigation or defense of a
proceeding before a state licensing board or similar regulatory body incurred by the
Insured as a result of a notice of a proceeding both first received by the Insured and
reported to Underwriters via the Correspondent during the Coverage Period, arising
out of an act, error or omission in the rendering of or failure to render Professional
Services by the Insured. In no event shall the amount payable hereunder exceed
$5,000.00 per proceeding and $10,000.00 per Coverage Period regardless of the
number of Insureds or the number of such proceedings. This coverage applies only
to such Claim Expenses. It does not apply to any monetary awards of any kind,
judgments, fines or settlements relating to, or directly or indirectly resulting from the
institution or disciplinary proceedings. Underwriters shall not be required to provide
any coverage to appeal any adverse ruling or judgment by such board or regulatory
body. The deductible shall not apply to this coverage E (2). However, any payments
made by Underwriters under this clause E (2) shall be included within the applicable
aggregate limits of liability and not in addition to.
F. Deductible
The amount designated as the deductible in the Schedule shall be paid by the Insured
and shall apply to all Loss and Claim Expense for each and every Claim whether or not
loss payment is made. Underwriters shall not have any obligation to make payments
under this policy for Loss or Claim Expenses until the deductible has been paid. Such
deductible shall not reduce Underwriter's Limits of Liability.
G. Defense, Consent, Settlement and Cooperation
The Insured may select counsel, subject to Underwriter's consent, which consent shall
not be unreasonably withheld. The Insured shall have the right to participate in, and
assist in the direction of the defense of any Claim.
The Insured shall not admit liability for or settle any Claim or incur any Claim Expenses
without the written consent of Underwriters, however, the Insured must take reasonable
action within its power to prevent or mitigate any Claim which would be covered under
this Evidence of Insurance.
Underwriters have the right to make any investigation, conduct negotiations and, with the
written consent of the Insured, enter into such settlement of any Claim as Underwriters
deem reasonable. If the Insured refuses to consent to any settlement recommended by
Underwriters and acceptable to the party(ies) making Claim and elects to continue to
AIF 2612 (06/10)
contest the Claim, then Underwriters' liability shall not exceed the amount for which
Underwriters would have been liable for Loss including Claim Expenses if the Claim
had been so settled, when and as so recommended, and Underwriters shall have the
right to withdraw from the further defense of the Claim by tendering control of the
defense thereof to the Insured.
Underwriters shall not be obligated to pay any Loss including Claim Expenses, or to
undertake or continue the defense of any Claim after the applicable limit of Underwriters'
liability has been exhausted by payment of Loss including Claims Expenses.
The Insured shall cooperate with Underwriters and, upon Underwriters' request, shall
submit to examination and interrogation by a representative of Underwriters, under oath
if required, and shall attend hearings, depositions, and trials and shall assist in effecting
settlement, securing and giving evidence, obtaining the attendance of witnesses and in
the conduct of suits, as well as in the giving of a written statement or statements to
Underwriters' representative and meetings with such representatives for the purpose of
investigation, and/or defense, and all without charge to Underwriters. The Insured shall
take such action as may be necessary to secure and effect any rights of indemnity,
contribution or apportionment which the Insured may have.
II. EXCLUSIONS
Underwriters shall not be liable to make payment for Loss or Claim Expenses for any
Claim made against the Insured:
A. Arising out of any Loss caused intentionally by or at the direction of the Insured.
B. Arising out of any Loss caused by dishonest, fraudulent, criminal or malicious acts,
errors or omissions of any Insured including any allegation that any appraisal was
issued in collusion with anyone for the purpose of misleading others.
Notwithstanding the foregoing, Underwriters shall defend the Insured under the
terms of this insurance until a judgment in the trial court, for Claims which may be
brought by reason of any alleged dishonest, fraudulent, criminal or malicious act or
omission.
C. Based upon or arising out of Bodily Injury or Personal Injury, including but not
limited to, any obligation for which the Insured or any carrier as the Insured's
insurer may be liable under any workers compensation, unemployment
compensation, employers liability law, disability benefits law or under any similar
law.
D. For damage to or destruction of any tangible property;
E. Arising out of the insolvency or bankruptcy of the Insured;
F. Arising out of the Appraisal of any property or object in which the Insured has any
personal or financial interest;
G. Any act, error or omission occurring prior to the effective date of this policy if at the
effective date of this policy, the Insured knew of could have reasonably foreseen
that such act error or omission might be the basis for Claim or suit;
H. Actions against the Insured by any business enterprise which is owned, operated
or managed in whole or in part by the Insured, its parent or an affiliated subsidiary
or associated company;
I. Arising out of damage to:
1. Property owned, occupied or used by the Insured or rented or leased to the
AIF 2612 (08/10)
Insured;
2. Property in the Insured's care, custody or control or over which the Insured is
for any purpose exercising physical control;
J. Arising out of any promise, warranty or guarantee by any Insured as to the future
value of any property;
K. Arising out of express warranties or guarantees not being complied with or met;
L. Arising out of infringement of copyright, trademark or patent; unfair competition or
piracy; theft or wrongful taking of concepts or other intellectual
property; or unauthorized activities in connection with trade secrets.
M. Arising out of any liability assumed by the Insured under any contract, but this
exclusion does not apply:
1. If the Insured would have been liable even in the absence of such contract; or
2. If the Insured assumes liability of another party whose liability arose from a
Wrongful Act as described in this insurance.
N. Arising out of any Claim or lawsuit directly or indirectly arising from or related to:
1. Asbestos or any material containing asbestos or any disease directly or
indirectly related to asbestos; or
2. Any act, error or omission, professional or otherwise, involving the existence,
use, detection, removal, elimination of or exposure to asbestos or any material
containing asbestos; or
3. Any other alleged failure to properly act in response to the presence of
asbestos in any item,
product, material, or property.
O. Based upon the Employee Retirement Income Security Act of 1974 Public Law 93-
406, commonly referred to as the Pension Reform Act of 1974, and amendments
thereto, or similar provisions of any Federal, state, or local statutory law or common
law.
P. By one Insured under this Policy against another Insured under this Policy.
Q. Arising out of the ownership, rental, leasing, maintenance, operation, loading or
unloading, use of any real or personal property, including but not limited to
automobiles, mobile equipment, aircraft, watercraft or other kinds of conveyances.
R. For punitive or exemplary damages, fines, penalties, or any multiple of
compensatory damages, except, that if a suit shall have been brought against the
Insured for a Claim falling within the coverage hereof, seeking both compensatory
and either punitive or exemplary damages, fines, penalties or any multiple of
compensatory damages, then Underwriters will afford a defense until a judgment in
the trial court, for such action, without liability, however, for such punitive or
exemplary damages, fines, penalties, or any multiple of compensatory damages.
S. Arising out of:
1. the advising or requiring of, or failure to advise or require, or failure to maintain
or procure any financing or monies for the payment of any portion of any
project, services or labor associated with such project;
2. construction means, methods techniques, sequences, procedures, or safety
precautions and programs.
3. the acquisition of any real property or the securing of financing for the
acquisition of any real property.
T. Alleging injury, sickness, disease, death, or destruction of property resulting from:
1. the hazardous properties of nuclear material, nuclear waste or spent fuel; or
2. the furnishing of materials, parts or equipment in connection with the
construction, maintenance, operation or use of any nuclear facility.
As used in this exclusion:
AIF 2612 (08/10)
"Hazardous properties" include radioactive, toxic or explosive properties. "Nuclear
material" means source material, special nuclear material or byproduct material.
"Source material," "special nuclear material," and "byproduct material" have the
meanings given them in the Atomic Energy Act of 1954 or in any law amendatory
thereof. "Spent fuel" means any fuel element or fuel component, solid or liquid,
which has been used or exposed to radiation in a nuclear reactor. "Nuclear Waste"
means any waste material (1) containing byproduct material and (2) resulting from
the operation by any person or organization of any nuclear facility. "Nuclear facility"
means:
i) Any nuclear reactor,
ii) Any equipment or device designed or used for (1) separating the isotopes
of uranium or plutonium, (2) processing or utilizing spent fuel, or (3)
handling, processing or packaging waste.
iii) Any equipment or device used for the processing, fabricating or alloying of
special nuclear material if at any time the total amount of such material
in the custody of the Insured at the premises where such equipment or
device is located consists of or contains more than 25 grams of
plutonium or uranium 233 or any combination thereof, or more than 250
grams of uranium 235.
iv) Any structure, basin, excavation, premises or place prepared or used for
the storage or disposal of waste and includes the site on which any of the
foregoing is located, all operations conducted on such site and all premises
used for such operations.
"Nuclear reactor" means any apparatus designed or used to sustain nuclear fission
in a self-supporting chain reaction or to contain a critical mass of fissionable
material.
With respect to injury to or destruction of property, the word "injury" or "destruction"
includes all forms of radioactive contamination of property.
U. Arising out of, whether suddenly or over a long period of time:
1. the actual, alleged or threatened emission, discharge, dispersal, seepage,
release or escape of pollutants, asbestos, radon or lead; or
2. the actual or alleged failure to detect, report, test for, monitor, clean-up, remove,
contain, dispose of, treat, detoxify or neutralize, or in any way respond to,
assess the effects of or advise of the existence of pollutants, asbestos, radon or
lead.
"However, this exclusion shall not apply to loss arising out of heat, smoke or
fumes from a hostile fire. As used in this exclusion, a hostile fire means one
which becomes uncontrollable or breaks out from where it was intended to
be."
V. Arising out of any Claim directly or indirectly relating to the actual, potential, alleged
or threatened presence of any mold, mildew, fungi, spores or any other growth or
organic matter of any kind whatsoever.
With respect to Auctioneering Services:
W. Arising out of, directly or indirectly resulting from, or in consequence of, or in any
way involving the violation of state, federal or governmental anti-trust, restraint of trade
or deceptive trade practice laws, rules or regulations committed by , the direction of, or
AIF 2612 (08/10)
with the knowledge of any Insured.
X. Arising out of, directly or indirectly resulting from, or in consequence of, or in any way
involving any class action.
Y. Arising out of, directly or indirectly resulting from, or in consequence of, or in any way
involving the auctioning of any property or object in which the Insured has any personal
or financial interest.
III. CONDITIONS
A. Application: By acceptance of this insurance, the Insured reaffirms as of the
inception date of this insurance that (1) the statements in the Application attached to
the Evidence of Insurance and made a part thereof are the Insured's agreements
and representations; and (2) this insurance is issued in reliance upon the truth and
accuracy of such representations; and (3) the Evidence of Insurance embodies all
agreements existing between the Insured and Underwriters relating to this
insurance.
B. Notice of Potential Claim: If during the Coverage Period, an Insured first
becomes aware of any Wrongful Act which might reasonably be expected to give
rise to a Claim against any Insured and the Insured gives written notice of the
Wrongful Act to Underwriters via the Correspondent as soon as possible and
such notice is received by Underwriters during the Coverage Period, then any
Claim subsequently made against an Insured arising out of such Wrongful Act will
be considered to be a Claim first made during the Coverage Period.
Written report of a potential Claim shall state:
1. the specific Wrongful Act including the date(s) thereof, and the Insureds
involved;
2. the damage that may reasonably result; and
3. the date and circumstances by which any Insured became aware of the
Wrongful Act.
C. Claims Handling Clause: If a Claim is made or suit is brought against the Insured
involving or likely to involve this insurance the Insured shall as a condition
precedent to the Insured's right to recovery under this insurance, promptly forward
to the Correspondent a copy of every demand, notice, summons or other process
received by the Insured or its representative.
D. Subrogation: In the event of any Claim under this insurance, Underwriters shall be
subrogated to all of the Insured's right of recovery therefor against any person or
organization and the Insured shall execute and deliver instruments and papers and
do whatever else is necessary to secure such rights, the Insured shall do nothing
after loss to prejudice such rights.
E. Action against the Underwriters: No action shall lie against Underwriters unless, as
a condition precedent thereto, the Insured shall have fully complied with all terms of
this insurance. Nothing contained in this insurance shall give any person or
organization any right to join Underwriters as a co-defendant in any action against
the Insured to determine the Insured's liability. Bankruptcy or insolvency of the
Insured or of the Insured's estate shall not relieve Underwriters of any of their
obligations hereunder.
F. Other Insurance: If an Insured has insurance provided by other insurers against a
AIF 2612 (08/10)
Loss covered by this insurance, the underwriters shall not be liable under this
insurance for a greater proportion of such Loss and Claims Expense than the
applicable limit of liability stated in the Schedule bears to the total applicable limit of
liability of all valid and collectible insurance against such Toss, provided, however, that if
the Insured has insurance provided by other insurers whose insurance is stated as
excess over any other insurance available to the insured, this insurance shall apply
solely in excess of such insurance, unless such other insurance is written as
specific excess over the limit of liability of this insurance.
G. This insurance may not be assigned or transferred without the prior written consent
of Underwriters.
H. Changes: Notice to any Agent or knowledge possessed by any Agent or other
person acting on behalf of Underwriters shall not effect a waiver or a change in any
part of this insurance or stop Underwriters from asserting any right under the terms
of this insurance, nor shall the terms of this insurance be waived or changed, except
by endorsement issued to form a part of this insurance.
I. Cancellation: This insurance may be cancelled by the Insured by surrender thereof
to Underwriters or by mailing to the Correspondent written notice, by registered or
certified mail, stating when thereafter such cancellation shall be effective. If
cancelled by the Insured, Underwriters shall retain the earned premium plus the
customary short rate penalty calculated as one hundred ten percent of pro rata.
This insurance may be cancelled by Underwriters by mailing to the Insured written
notice, by registered or certified mail, stating when, not less than sixty (60) days
thereafter such cancellation shall be effective.
However, if Underwriters cancel this insurance because the Insured has failed to
pay a premium when due, this insurance may be cancelled by Underwriters by
mailing, by registered or certified mail, a written notice of cancellation to the Insured
stating when, not less than ten (10) days thereafter, such cancellation shall be
effective. The mailing of notice as aforesaid shall be sufficient notice and the
effective date of cancellation stated in the notice shall become the end of the
Coverage Period.
If cancelled by the Underwriters, earned premium shall be computed pro-rata. Any
notices to the Insured under this clause shall be mailed to the Insured at the last
mailing address known by Underwriters. The Correspondent shall maintain proof of
mailing of such notice on a recognized U.S. Post Office form, and a copy of such
notice shall be sent to the Insured's broker.
Premium adjustment may be made at the time cancellation is effected or as soon as
practicable thereafter. The check of Underwriters or any of their representatives,
mailed or delivered, shall be sufficient tender of any refund due to the Insured.
If this insurance has been in effect for 60 days, Underwriters can cancel only for one
of the following reasons: (a) non-payment of premium; (b) the insurance was
obtained through material misrepresentation; (c) the Insured violated any of the
terms and conditions of the contract of insurance; (d) the risk originally accepted
has measurably increased; (e) certification to the Director of Insurance of the State
of Illinois of the loss of reinsurance by Underwriters which provided coverage to
Underwriters for all or a substantial part of the underlying risk insured; or (f) a
determination by the Director of Insurance of the State of Illinois that the
AIF 2612 (08/10)
continuation of this insurance could place Underwriters in violation of the insurance
laws of the State of Illinois.
J. Extended Reporting Period Options: If Underwriters or the Named Insured shall
cancel or refuse to renew this insurance, or if this insurance is renewed with a
Retroactive Date that is later than the Retroactive Date shown on the Schedule,
then the Named Insured shall have the right to purchase an Extended Reporting
Period under the following terms and conditions:
1. The Named Insured must send written notice to Underwriters of the
Named Insured's intention to purchase the Extended Reporting Period.
The notice must be received by the Correspondent within thirty (30) days
from the termination of the Coverage Period. The written notice must
include the additional premium.
EXTENDED REPORTING PERIOD TERM AND PREMIUM
Term Additional Premium
12 months 100% of the annual premium set forth in the Schedule
2. The coverage during the Extended Reporting Period applies only to
Wrongful Acts which occurred prior to the termination of the Coverage
Period and after the Retroactive Date, if any, provided that the Claim is
first made during the Extended Reporting Period and written notice of the
Claim is received by Underwriters during the Extended Reporting Period.
Separate or new limits do not apply to the Extended Reporting Period.
4. Premium for these options is fully earned when payment is made. The
Extended Reporting Period cannot be cancelled by Underwriters.
K. Audit: Underwriters may examine and audit the Insured's books and records at
any time insofar as they relate to the subject matter of this insurance.
L. False or fraudulent Claims: The entire policy shall be void if, whether before or
after a loss, the insured has willfully concealed or misrepresented any material fact
or circumstance concerning this insurance or the subject thereof, or the interest of
the insured therein, or in case of any fraud or false swearing of the insured relating
thereto.
M. Service of Suit Clause: It is agreed that in the event of the failure of the Underwriters
to pay any amount claimed to be due hereunder, the Underwriters, at the request of
the Insured, will submit to the jurisdiction of a court of competent jurisdiction within
the United States. Underwriters will abide by the final decision of such Court or of
any Appellate Court in the event of an appeal. Nothing in this clause constitutes or
should be understood to constitute a waiver of Underwriters' rights to commence an
action in any court of competent jurisdiction in the United States, to move an action
to a United States District Court, or to seek a transfer of a case to another court as
permitted by the laws of the United States or of any state in the United States.
In the event of any litigation arising out of insurance assumed hereunder, the
AIF 2612 (08/10)
Attorney -in -Fact as listed in the Schedule and the Director of Insurance of the State
of Illinois and his successors in office are hereby appointed agents to accept service
of process for Underwriters
N. Complaints: If you have any complaints concerning your insurance, please contact
the Correspondent. If the Correspondent is unable to resolve the matter, you
may contact the Attorney -in -Fact. You may also seek the assistance of the Public
Service Section, Illinois Department of Insurance, Springfield, Illinois 62767.
O. Correspondent and Attorney -in -Fact not Insurers: Neither the Correspondent nor
the Attorney -in -Fact nor any Claim adjusting firm appointed by Underwriters at
Lloyd's of London is an Insurer hereunder and neither is nor shall be liable for any
Loss or Claim whatsoever. The Insurers hereunder are those individual
Underwriters at Lloyd's of London, whose names can be ascertained as
hereinbefore set forth.
THIS DOCUMENT (EVIDENCE OF INSURANCE) IS ISSUED AS A
NOTICE OF INSURANCE FOR INFORMATION ONLY. IT DOES NOT
CONSTITUTE A LEGAL CONTRACT OF INSURANCE. THE POLICY
AND THE APPLICATION OF THE INSURED, IF ANY, FORM THE
ENTIRE CONTRACT. THIS EVIDENCE WHICH IS FURNISHED IN
ACCORDANCE WITH, AND IN ALL RESPECTS IS SUBJECT TO, THE
TERMS OF THE POLICY, REPLACES ANY OTHER EVIDENCE
PREVIOUSLY ISSUED COVERING THE INSURANCE DESCRIBED
HEREIN.
AIF 2612 (08/10)
U.S A.
NUCLEAR INCIDENT EXCLUSION CLAUSE -LIABILITY -DIRECT (BROAD)
(Approved by Lloyd's Underwriter's Non -Marine Association)
For attachment to insurances of the following classifications in the U.S.A. its Territories and
Possessions, Puerto Rico and Canal Zone:
Owners. Landlords and Tenants Liability Contractual Liability, Elevator Liability; Owners
or Contractors (including railroad) Protective Liability, Manufacturers and Contractors
Liability, Product Liability, Professional and Malpractice Liability, Storekeepers Liability
Garage Liability, Automobile Liability (including Massachusetts Motor Vehicle or Garage
Liability),
not being insurances ofthe classification to which the Nuclear Incident Exclusion Clause -Liability -
Direct (Limited) applies.
This policy*
does not apply:
L Under any Liability Coverage, to injury, sickness, disease, death or destruction
(a) with respect to which an insured under the policy is also an insured under a nuclear
energy liability policy issued by Nuclear Energy Liability Insurance Association,
Mutual Atomic Energy Liability Underwriters or Nuclear Insurance Association of
Canada, or would be an insured under any such policy but for its termination upon
exhaustion of its limit of liability; or
(b) resulting from the hazardous properties of nuclear material and with respect to which
(1) any person or organization is required to maintain financial protection pursuant to
the Atomic Energy Act of 1954, or any law amendatory thereof, or (2) the insured is,
or had this policy not been issued would be, entitled to indemnity from the United
States of America, or any agency thereof, under any agreement entered into by the
United States of America, or any agency thereof, with any person or organization.
IL Under any Medical Payments Coverage, or under any Supplementary Payments Provision
relating to immediate medical or surgical relief, to expenses incurred with respect to bodily
injury, sickness, disease or death resulting from the hazardous properties of nuclear material
and arising out of the operation of a nuclear facility by any person or organization.
III. Under any Liability Coverage, to injury, sickness, disease, death or destruction resulting from
the hazardous properties of nuclear materials, if
(a) the nuclear material (1) is at any nuclear facility owned by, or operated by or on
behalf of, an insured or (2) has been discharged or dispersed therefrom;
(b) the nuclear material is contained in spent fuel or waste at any time possessed,
handled, used, processed, stored, transported or disposed of by or on behalf of an
insured; or
(c) the injury, sickness, disease, death or destruction arises out of the furnishing by an
insured of services, materials, parts or equipment in connection with the planning,
construction maintenance, operation or use by any nuclear facility, but if each facility
is located within the United States of America, its territories or possessions or
Canada, this exclusion (c) applies only to injury to or destruction of property at such
nuclear facility.
IV. As used in this endorsement:
"hazardous properties" include radioactive, toxic or explosive properties; "nuclear
material" means source material, special nuclear material or byproduct material; "source
material", "special nuclear material", and "byproduct material" have the meanings given
them in the Atomic Energy Act 1954 or in any law amendatory thereof; "spent fuel" means
any fuel element or fuel component, solid or liquid, which has been used or exposed to
radiation in a nuclear reactor; "waste" means any waste material (1) containing byproduct
material and (2) resulting from the operation by any person or organization of any nuclear
facility included within the definition of nuclear facility under paragraph (a) or (b) thereof;
"nuclear facility" means
(a) any nuclear reactor,
(b) any equipment or device designed or used for (1) separating the isotopes of uranium
or plutonium, (2) processing or utilizing spent fuel, or (3) handling, processing or
packaging waste,
(c) any equipment or device used for the processing, fabricating or alloying of special
nuclear material if at any time the total amount of such material in the custody of the
insured at the premises where such equipment or device is located consists of or
contains more than 25 grams of plutonium or uranium 233 or any combination
thereof, or more than 250 grains of uranium 235,
(d) any structure, basin, excavation, premises or place prepared or used for the storage or
disposal of waste,
and includes the site on which any of the foregoing is located, all operations conducted on
such site and all premises used for such operations; "nuclear react or" means any apparatus
designed or used to sustain nuclear fission in a self-supporting chain reaction or to contain a
critical mass of fissionable material.
With respect to injury to or destruction of property, the word "injury" or "destruction"
includes all forms of radioactive contamination of property.
It is understood and agreed that, except as specifically provided in the foregoing to the
contrary, this clause is subject to the terms, exclusions, conditions and limitations of the Policy to
which it is attached.
*NOTE: As respects policies which afford liability coverage and other forms of coverage in addition,
the words underlined should be amended to designate the liability coverage to which this clause is to
apply.
17/3/60
N.M.A. 1256
U.S.A.
RADIOACTIVE CONTAMINATION EXCLUSION CLAUSE -LIABILITY -DIRECT
(Approved by Lloyd's Underwriter's Non -Marine Association)
For attachment (in addition to the appropriate Nuclear Incident Exclusion
Clause -Liability -Direct) to liability insurances affording worldwide coverage.
In relation to liability arising outside the U.S.A., its Territories or Possessions, Puerto
Rico or the Canal Zone, this Policy does not cover any liability of whatsoever nature
directly or indirectly caused by or contributed to by or arising from ionising radiations or
contamination by radioactivity from any nuclear fuel or from any nuclear waste from the
combustion of nuclear fuel.
13/2/64
N.M.A. 1477
LSW1135b
LLOYD' S PRIVACY POLICY STATEMENT
UNDERWRITERS AT LLO ID'S, LONDON
The Certain Underwriters at Lloyd's, London want you to know how we protect the
confidentiality of your non-public personal information. We want you to know how and
why we use and disclose the information that we have about you. The following
describes our policies and practices for securing the privacy of our current and former
customers.
INFORMATION WE COLLECT
The non-public personal information that we collect about you includes, but is not limited
to:
• Information contained in applications or other forms that you submit to us, such
as name, address, and social security number
• Information about your transactions with our affiliates or other third -parties, such
as balances and payment history
• Information we receive from a consumer -reporting agency, such as credit -worthiness
or credit history
INFORMATION WE DISCLOSE
We disclose the information that we have when it is necessary to provide our products
and services. We may also disclose information when the law requires or permits us to do
so.
CONFIDENTIALITY AND SECURITY
Only our employees and others who need the information to service your account have
access to your personal information. We have measures in place to secure our paper files
and computer systems.
RIGHT TO ACCESS OR CORRECT YOUR PERSONAL INFORMATION
You have a rigid -to req uest access to or corr ection of your personal in formation that
is in our possession.
CONTACTING US
If you have any questions about this privacy notice or would like to learn more about how
we protect your privacy, please contact the agent or broker who handled this insurance.
We can provide a more detailed statement of our privacy practices upon request.
AMENDMENT OF DEFINITIONS -CORRESPONDENT
The following information is required only when this endorsement is issued subsequent to
preparation of the evidence of insurance.
Insured Member
Evidence Number
Endorsement Number
Effective Date
Ms. Georgie Stillman
8000530
05-APR-2011
12:01 A.M.
In consideration of the premium paid, it is hereby understood and agreed that Section I.0
DEFINITIONS -Number 11. is deleted in its entirety and replaced as follows:
11. Correspondent means Seabury & Smith, Inc., 12421 Meredith Drive, Urbandale, IA
50398.
ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED.
Authorized Representative
AIF 2612 M (08/08)
AGGREGATE DEDUCTIBLE ENDORSEMENT
The following information is required only when this endorsement is issued subsequent to
preparation of the evidence of insurance.
Insured
Evidence Number
Endorsement Number
Effective Date
Ms. Georgie Stillman
8000530
04/05/2011
12:01 A.M. Standard Time
In consideration of the premium paid, it is hereby understood and agreed that the Evidence of Insurance
F. Deductible is deleted in its entirety and replaced as follows:
F. Deductible
The amount designated as the Deductible in the Schedule shall be paid by the Insured and shall apply to all
Loss and Claim Expense for each and every Claim not to exceed two times the amount shown, whether or
not loss payment is made. Underwriters shall not have any obligation to make payments under this policy for
Loss or Claim Expenses until the deductible has been paid. Such deductible shall not reduce Underwriter's
Limits of Liability.
Item 6. of the Evidence of Insurance is amended to read:
Item 6: Deductible, Each Claim not to exceed two times in the aggregate:
ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED.
Authorized Representative
AIF 2612 L (07/03)
Amendment of Conditions -Cancellation
Insured
Ms. Georgie Stillman
Evidence Number
8000530
Endorsement Number
Effective Date
05-APR-2011
12:01 A.M.
In consideration of the premium paid, it is hereby understood and agreed that Section III. Conditions, letter I is
amended to read:
I. Cancellation: This insurance may be canceled by the Insured by surrender thereof to Underwriters or by mailing
to the Correspondent written notice, by registered or certified mail, stating when thereafter such cancellation shall
be effective. This insurance may be canceled by Underwriters by mailing to the Insured written notice, by
registered or certified mail, stating when, not less than sixty (60) days thereafter such cancellation shall be
effective.
However, if Underwriters cancel this insurance because the Insured has failed to pay a premium when due, this
insurance may be canceled by Underwriters by mailing, by registered or certified mail, a written notice of
cancellation to the Insured stating when, not less than ten (10) days thereafter, such cancellation shall be effective.
The mailing of notice as aforesaid shall be, sufficient notice and the effective date of cancellation stated in the
notice shall become the end of the Coverage Period.
If canceled by the Underwriters or the Named Insured, earned premium shall be computed pro-rata. Any notices to
the Insured under this clause shall be mailed to the Insured at the last mailing address known by Underwriters. The
Correspondent shall maintain proof of mailing of such notice on a recognized U.S. Post Office form, and a copy
of such notice shall be sent to the Insured's broker.
Premium adjustment may be made at the time cancellation is effected or as soon as practicable thereafter. The
check of Underwriters or any of their representatives, mailed or delivered, shall be sufficient tender of any refund
due to the Insured.
If this insurance has been in effect for 60 days, Underwriters can cancel only for one of the following reasons: (a)
non-payment of premium; (b) the insurance was obtained through material misrepresentation; (c) the Insured
violated any of the terms and conditions of the contract of insurance; (d) the risk originally accepted has
measurably increased; (e) certification to the Director of Insurance of the State of Illinois of the loss of
reinsurance by Underwriters which provided coverage to Underwriters for all or a substantial part of the
underlying risk insured; or (1) a determination by the Director of Insurance of the State of Illinois that the
continuation of this insurance could place Underwriters in violation of the insurance laws of the State of Illinois.
ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED.
AIF 2612 N (08/09)
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
GEORGIE STILLMAN
Appraisal Services for Kimball House Museum
Brenda Hodges (Community Services)
Forwarded Agreement to Contractor