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HomeMy WebLinkAbout2011 CON Day Wireless - Amendment #2 City's Radio Communications EquipmentSECOND AMENDMENT TO AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND U.S. MOBILE WIRELESS COMMUNICATIONS, INC., DBA DAY WIRELESS SYSTEMS This Second Amendment to Agreement is entered into this 1st day of July 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 an Agreement dated November 9, 2009, ("Agreement") wherein the CONTRACTOR agreed to provide general services related to two-way radio communications maintenance for the City of National City, including certain projects for the Police Department, the Fire Department, and Neighborhood Services for the period of July 1, 2009 through June 30, 2010. WHEREAS, the Agreement was subsequently amended on July 1, 2010, for one year through June 30, 2011, for the not -to -exceed amount of $46,509.00. WHEREAS, the parties now seek to continue the maintenance of the two-way radio communications and increase the scope of work due to an increase in the number of police vehicle radios to be included, and extend the length of the Agreement for one-year, expiring on June 30, 2012. NOW, THEREFORE, the parties agree as follows: 1. The length of the agreement, stated in Section 5 of the Agreement, is amended by extending the term for one year. The new term shall be from July 1, 2011 to June 30, 2012. 2. The scope of services, stated in Section 2 of the Agreement, is increased by increasing the scope of work as described in Exhibits "A" and "B". The specific subsections of the Agreement are amended to read as follows: A. SCOPE OF SERVICES — POLICE DEPARTMENT. The CONTRACTOR shall perform the services set forth in Exhibit "A" for the Police Department during the extended one-year term through June 30, 2012. B. SCOPE OF SERVICES — FIRE DEPARTMENT. Contractor shall perform the services set forth in Exhibit "B" for the Fire Department during the extended one-year term through June 30, 2012. 3. The total amount for all work performed under this Amendment shall not exceed Fifty -Two Thousand Nine Dollars ($52,009.00). This total amount includes the following limits on the amounts payable based on the scope of services identified above: A. POLICE DEPARTMENT. The total cost for all work performed for the Police Department pursuant to this Amendment shall not exceed Forty Thousand Dollars ($40,000.00). This not to exceed amount includes the specific scope of services set forth in Exhibit "A" totaling Eighteen Thousand Seven Hundred Eighty ($18,780.00) for the term of this Amendment, and up to the remaining balance for additional as -needed work during the term of this Amendment. B. FIRE DEPARTMENT. The total cost for all work performed for the Fire Department pursuant to this Amendment, as detailed in Exhibit "B" shall not exceed Twelve Thousand Nine Dollars ($12,009.00) for the term of this Amendment. 4. With the foregoing exceptions, each and every provision of the Agreement date November 9, 2009, as amended, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment on the date and year first above written. CITY OF NATIONAL CITY on Morrison, Mayor Second Amendment -2- U.S. MOBILE WIRELSS COMMUNICATIONS, INC., DBA DAY WIRELESS SYSTEMS, INC. (Signatures of two corporate officers required) ame) Jos t°N (Print) 3t, /7-'%44 ti (Title) By: (Name lotlll� D/v� (Print) , Ian /A\a 1 (Title) Between City of National City and Day Wireless Systems DAY WIRELESS SYSTEMS SERVICE AGREEMENT dba: US Mobile Wireless Communications, Inc. 8300 Juniper Creek Lane STE 100 DATE 4/28/2011 San Diego, CA 92126 858-537-0709 Fax: 858-537-9570 CUSTOMER NAME: City of National City - Police Department CUSTOMER #: NAT140 ATTN: Accounts Payable BILLING ADDRESS: 1243 National City Blvd. CITY: CONTRACT START DATE: 7/1/2011 National City ZIP 91950 YES AUTO RENEWAL: NO DAY: WIRELESS SYSTEMS CUSTOMER/AGREEMENT: 565-00 CUSTOMER CONTACT: Dave Noteware - Support Services Manager TELEPHONE/FAX#: 619-336-4509 Fax: 619-336-4525 EXPIRATION DATE: 6/30/2012 PAGE 1 OF 1 WRENTHL1 AGREEMENT ISACCEPTED B7 US MOBILE WIRELESS, THE EQUIPMENT ON THECOSTOMER;AGREEMENT ORDER REFERENCED ABOVE WILL BE SERVICED BY U.S. MOORE WIRELESS M ACCORDANCE W. TUE TERMS AND COHIXT0HS MINTED ON ATTACHMENT. TNOIRREENUIT DOES NOT INCLUDE REPLACEMENT OF ANTENNAS. BATTERIES, OR SERVICE OFANYTRANSMK&ON LIRE, ANTENNA, TOWER OR TOWER LIGHTING UNLESS SUCH WORMS DESCRIBED SELON PLACE OF SERVICE MONTHLY SVC AMOUNT SPECIAL INSTRUCTIONS: QTY MODEL NUMBER/SERIAL NUMBER/DESCRIPTION CUSTOMER LOCATION SVC CTR MA. SVC CPI W.. HOURS OF SERVICE: 8:00 AM TO 4:30 PM Monday thru Friday excluding weekends PER UNIT EXTENDED and 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 1 Spectra Consolette Existing' X 25.00 25.00 is to be 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 Thls contract Includes all parts and labor with the exception of antennas, 1 Tensor Channel Bank* X 25.00 25.00 batteries, cables, programming, physical abuse and water/checmical damage. 9 XTL5000 Consolettes' X 9.00 81.00 _ 3 BDA X 25.00 75.00 15 Astro Mobiles X 8.00 120.00 17 XTS3000 Portables X 8.00 136.00 "Denotes that this equipment is covered under 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 XT$5000 Portables (Warranty X 2.00 12.00 [ X] NEW [ ] ADJUSTMENT AGREEMENT AGREEMENT# 56 Astro Mobiles (Warranty) X 4.00 224.00 3 Moto Astros (Warranty) X 4.00 12.00 Additional terms, dadnitio n and eandltlons of thin SERVICE AGREEMENT NB pdnted en page 2. PURCHASE NUMBER Totals for page 1 PAYMENT CYCLE: TAX EXEMPT: [ ] ANNUALLY [ I YES, ATTACH EXEMPT [ ] SEMI-ANNUALLY CERTIFICATE 1 1 QUARTERLY [ X ] NO [ x ] MONTHLY [ ] OTHER (SPECIFY IN SPECIAL INSTRUCTIONS) TOTAL PER MONTH $1.565.00 TAXES $0.00 TOTAL $1,565.00 AUTHORIZED CUSTOMER (SIGNATURE) DATE: THE ABOVE SERVICE AMOUNT IS SUBJECT TO STATE 8 LOCAL TAXING JURISDICTIONS, 7O BE VERIFIEDBYDAY WIRELESS SERVICE REPRESENTATIVE(SIGNATURE) DATE: EXHIBIT A DAY WIRELESS SYSTEMS SERVICE AGREEMENT dba: US Mobile Wireless Communications, Inc. 8300 Juniper Creek Lane STE 100 DATE 6/16/2011 San Diego, CA 92126 858-537-0709 Fax: 858-537-9570 CUSTOMER NAME: ATTN: BILLING ADDRESS: CITY: National City CONTRACT START DATE: 7/1/2011 NATIONAL CITY -FIRE DEPT CUSTOMER #: NAT1 30 BRENDA HODGES 619-336-4570 CUSTOMER/AGREEMENT: 1243 NATIONAL CITY BLVD STATE: CA YES ZIP 92050 AUTO RENEWAL: NO CUSTOMER CONTACT: CAPT. MARK GUNDERT/JUDY WILKINS 619-336-4550 TELEPHONE I FAX #: 619-336-4550/619-336-4562 m g u n d ert @n at ion alcit yca.GOV EXPIRATION DATE: 6/30/2012 PAGE 1 OF 1 wn ,waNM[1MWI ItiAOSVItU VT VV..... P.t LIMtWDIYMtNI NN I11KtaJ,LA4tdJHLtM[H I VHN[NH[xNeH,v)AeYv[ WILL He PEW111•e. v.auWne LNIE®IN ACbgMNCEYATH THE TEPMSANDCONDO1oNs PRINTED ON ATTACHMENT. THISACREEMENT MODEM INCLUDE REPUDEN1 HIT Ci ANTENNAS. BATTERIES ON SERVICE OF ANYTWN9MII5ON ONE. ANTENNA TONER OR TONER LIGHTING UNLESS 91CN WORK Is DONDREw ELAN PLACE OF. SERVICE MONTHLY SVC AMOUNT SPECIAL INSTRUCTIONS: OTY MODEL NUMBER/SERIAL NUMBER/DESCRIPTION .STODB1 LRATKMN WOE, DRNEEN eHe Cm MAAJfI HOURS OF SERVICE: 8:00 AM T04:30 PM Monday thru Friday. PER UNIT EXTENDED EXCLUDING WEEKENDSand HOLIDAYS. 4 Astro XTL5000 Mobile Control Station x 15.00 60.00 20 Astro XTL5000Mobiles 1WIDuaICH x 15.00 300.00 An annual preventive maintenance inspection is included in this contract 33 XTS5000 Portables x 9.00 297.00 and is to be scheduled by a representative of the FIRE DEFT. 6 XTS3000 Portable x 9.00 54.00 28 VehicularTri-chemcharger x 7.50 210.00 This contract includes all partsand labor with the exception of antennas, 2 BatteryMaintSystems x 3.00 6.00 batteries, cables, programming, physical abuse and water/chemical damage. 4 Impress Rapid Rate Chargers x 3.00 12.00 17 Speaker Mics x 2.00 34.00 ** THERE IN NO 24 HOUR COVERAGE ON THE CONTRACT 5 Desktop chargers Model AA1670 x 3.75 18.75 1 Batt Maint System Model WPLN4079BR x 9.00 9.00 0.00 0.00 [ X] NEW [ ]ADJUSTMENT AGREEMENT AGREEMENT# Additional term s, definitlonsand contlitla ns of this SERVICEAGREEMENT ere printed on page 2. P.O.# IS P.O. REQUIRED? I 1 YES, ATTACH P.O. [ 1 NO PAYMENT CYCLE: TAX EXEMPT: [ ] ANNUALLY [ 1 YES, ATTACH EXEMPT [ ] SEMI-ANNUALLY CERTIFICATE [ ] QUARTERLY [ x I NO [ x ] MONTHLY [ ] OTHER (SPECIFY IN SPECIAL INSTRUCTIONS) TOTAL PER MONTH $1,000.75 TOTAL. $1,000.75 Custom er (SIGNATURE) DATE: THE ABOVE SERVICE AMOUNT IS SUBJECT TO STATE a LOCAL TAXING JURISDICTIONS, TO BE VERIFIED BY DAY WIRELESS SERVICE REPRESENTATIVE(SIGNATURE) DATE: EXHIBIT B ACORD CERTIFICATE OF LIABILITY INSURANCE PRODUCER (503) 241-0154 FAX: Durham and Bates Agencies 720 SW Washington Suite 250 Portland INSURED. (503)542-0624 Inc OR. 97205-3554 US Mobile -Wireless Communications, Inc. DBA Day Wireless Systems 4.700 SE International Way Milwaukee OR 97222 C DATE (MM/DD/YYYY) 1D/1/2010 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURERA OneBeacon inura-Tipp. .(CL)_ INSURER B: NAIC # INSURER C: INSURER D: INSURER E. ' 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 POLCIES DESCRIBED HEREIN IS.SU:BJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. • - INSR LTR ADD'L INSRD TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE(MMlDDdYY) POLICY EXPIRATION DATE (MM/DDM/)' LIMITS GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY - DAMAGETORENTED-".. • PREMISES (Ee ooeurrencel ' $ CLAIMS MADE OCCUR .MEDEXP (My one person) $ PERSONAL BADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PO - PER: GENERAL AGGREGATE PRODUCTS - COMP/OP AGG $ $ POLICY JECT LOC AUTOMOBILE LIABILITY - COMBINED SINGLE OMIT (Ea accident) . ALL OWNED AUTOS :SCHEDULED AUTOS - - BODILY INJURY--- (Per.person) $ H HIRED AUTOS - - - - ..(Per BODILY INJURY sccldent) $-- PROPERTY DAMAGE accident) $(Per GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY FACH OCCURRENCE $ I I OCCUR CLAIMSMADEAGGREGATE $ DEDUCTIBLE $ RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY WC STATII TORY LIMITS 'OTH- ER ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER E.L EACH ACCIDENT $ EXCLUDED? If yes, describe under E.L. DISEASE -EA.EMPLOYEE - $ S SPECIAL PROVISIONS below E.L. DISEASE -POLICY LIMIT $ A OTHER Technology E&O Liability Claims -Made 7110113880002 10/1/2010 10/1/2011 Each Claim/Aggregate $2,000,000 SIR/Ded Each Claim $ 10,000 Retro Date June 7, 2006 DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS RE: Continuing Maintenance Projects throughout National City. Evidence of insurance provided subject to the terms, conditions, limitations and exclusions of the policy. *Except 10 days notice for non-payment of premium. Mail orig cert to: City of National City, Attn: Ronni Zengota, 1200 National City Blvd, National City, CA 91950-4301. 619)336-4525 rzengota@nationalcityca.go CITY OF NATIONAL CITY ATTN: RONNI ZENGOTA 1243 NATIONAL CITY BLVD NATIONAL CITY, CA 91950-4301 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30* DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Joanna Brown/MJK ACORD 25 (2001/08) NS025 (0108).08a ©ACORD CORPORATION 1988 Pape 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 formdoes nat constitute • e•contract betweenthe 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 (2001108) INS025 (ma).08a Page 2 of 2 ACORQ, CERTIFICATE OF LIABILITY INSURANCE of o ) i2o PRODUCER (503) 241-0154 FAX: (5.03)542-0625 Durham and Bates Agencies Inc 720 SW Washington 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. Suite 250 Portland OR 97205-3554 INSURERS AFFORDING COVERAGE. NAIC# -INSURED - INSURERN. OneBeaeon America Ins. . Co US Mobile Wireless Communications, Inc. INSURER 6: Navi ga t o r s Insurance DBA: Day Wireless Systems INSURER C:See Below for Vrs cos. 37478 .4700 SE International Way INSURERD, • Milwaukee OR 97222 INSURERE: COVERAGES THE POLICIES OF INSURANCE USTED 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 8E 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 ADD LPOLICY JNSRD ADD'L TYPE OF INSURANCE POLICY NUMBER DATE (MMIDD/ri) POLICY (MM/DD/YY))N LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY . - DAMAGE.TO RENTED $ 1,000,000 A X CLAIMS MADE X OCCUR . 7110999180004 10/1/2010. 10/1/2011 PREMISES (Ea occurrence) MED EXP (Any $ 10,000 X $1MM UMBRELLA oneperson) PERSONAL B ADV INJURY $ 1,000,000 X WA STOP MAP GENERAL AGGREGATE $ 2,000,000. GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPIOP AGG $ 2,000,000 POLICY JECT X LOC WA EMPLOYERS LIAR 500,000 AUTOMOBILE X LIABILITY ANY AUTO COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 A X A ALL OAMED AUTOS 7110099180004 10/1/2010 10/1/2011 BODILY INJURY (Per person) $ X X HIRED AUTOS NON -OWNED AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ 8,000,000 X I OCCUR CLAIMS MADE LA10EXC161165IV 10/1/2010 10/1/2011 AGGREGATE $ 8, 00.0, 000 B DEDUCTIBLE - $ RETENTION $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY 52WELN9641 10/1/2010 10/1/2011 X 77 TORYLIMITS W. ANYPROPRIETORIPARTNER/EXECUTIVE OR -Hartford of Midwest E.L. EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? If yes, describe under CA -Hartford Accident Ind EL $ 1,000,000 SPECIAL PROVISIONS below NV -Hartford Casualty E.L.DISEASE -POLICY LIMIT $ 1,000,000 A . OTHER GARAGEKEEPERS 7110099180004 10/1/2010 10/1/2011 COMPREHENSIVE AND COLLISION LIMIT $250, 000 DEDUCTIBLE $ 500 DESCRIPTION OF OPERATIONSILOCATIONSNEHICLES/EXCLUSIONS 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 207 06'07 as respects General Liability only and VCA 201 01 09 as respects Automobile Liability only when required by written contract, subject to the terms, condi ions, limitations and excllo.A, £ e s ays notice for fl a at of premiurs. s lin$,k*i,1yF` t'q � € �4E �`+X'' , d £ tin 3{� p,T q CERTIFICATE HOLDER (619)336-4525 rzengota@nationalcityca. CITY OF NATIONAL CITY ATTN: RONNI ZENGOTA 1243 NATIONAL CITY BLVD NATIONAL CITY, CA 91950-4301 go CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30* DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Joanna Brown/MJK ACORD 25 (2001108) INS025 come) 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 fisted thereon. ACORD 25 (2001/08) I N S025 (0108) 08a Page 2 of 2 Policy #711009918-0004' (r) THIS ENDORSLWIENT CHANGES THE POLICY. PLEAS P,EAD IT CAREFULLY. @VANTAGE FOR GENERAL LIABILITY TECHNOLOGY COMPANIES 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 provisions 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. Coverage Territory —Worldwide 9. Duties in Event of Occurrence, Claim or Suit 10. Expected or Intended Injury (PD) 11. Medical Payments 12. Mobile Equipment Redefined 13. Newly Acquired or. Formed Organizations 14. Non -Owned Aircraft 15. Non -Owned Watercraft 16. Personal and Advertising Injury 17. Product Recall Expense 18. 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 person(s) or organization(s) (referred tobelow as vendor) with whom you agreed in a. written contract or agreementto provide insurance, but only with respect to "bodily injury" or "property damage" arising out of "your products" which are distributed or sold in the regular course of the vendor's business, subject to the following additional exclusions: a. This provision 1. does not apply to: (1) "Bodily injury" or "property damage" for which the vendor is obligated to pay damagesby reason of the assumption of liability In a contractor agreement. This exclusiondoesnot apply to liability for damages that the vendor would have in the absence of the contract or agreement, (2) Any express warranty unauthorizedby you; (3) Any physical or chemical change in the product made intentionally 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; (5) Any failure to make such inspections, adjustments, tests orservidng as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; (6) Demonstration; installation, servicing or repair operations, except such. operations performed at the vendor's premises in connection with the sale of the product (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 of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to; (a) The exceptions contained in Subparagraphs 4. or 6.; or VcG 207 0607 Includes topyrIghted material of -Insurance SeMees Office, Inc. Copyright 2004, OneBeacon Insurance Group INSURED Rage 1 of 7 (b.) Such inspections, aotustments, tests or servicing as the vendor nas agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. (9) Any person or organization if the "products -completed operations hazard" is excluded either by the provisions of the Coverage Form or by endorsement. b. This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. 2. ADDITIONAL INSURED — CONTRACT, AGREEMENT OR PERMIT a. Section II — Who Is An Insured is amended to include .as an additional insured any person(s) or organization(s) with whom you agreed in a written contract, written agreement or permit to provide insurance such as is afforded under this Coverage Part, but only with respect to liability for "bodily injury", "property damage" 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 organizalion(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 damage", or "personal and advertising injury"; 2. To any person or organization included as an insured under the Additional Insured - Broad .Form Vendors 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 injury" 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 andadvertising injury" arises out of structural alterations, new construction or demolition operations performed by or on behalf of the. manager 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 behalf 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 performingoperations for a.principal as part of the same project. Page 2 of 7 Includes copyrighted material of Insurance Services Office, Inc. Copyright 2004, OneBeacon Insurance Group VCG 207 06 07 c. Limits of Insurance`aNplicable to the additional insured are .those .; ecified: in the contract, agreement or permit or in the Declarations of this policy, whichever is Tess, and fix the most we will pay regardless of the number of: 1. Insureds; 2. Claims made or "suits" brought; or 3. Persons or organizations making claims or bringing "suiits", These Limits of Insurance are inclusive of and not in addition to the Limits of Insurance shown in the Declarations. 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 interrupted only by a street, roadway, waterway or right-of-way of a railroad. 4. BLANKET WAIVER, OF SUBROGATION Section IV — Transfer of Rights of Recovery Against Others to •Us Condition is amended to add the following: We will waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of your ongoing operations done under a written contract or agreement with that person or organization and included in "your work" or the "products -completed operations hazard". This waiver applies only to persons or organizations with whom you have a written contract, executed prior to the "bodily injury" or "property damage", that requires you to waive your rights of recovery. 5. BODILY INJURY REDEFINED —MENTAL ANGUISH Under Section V the definition of "bodily injury" is replaced by the following: "Bodily injury" means bodily injury, sickness, or disease sustained by a person, including mental anguish or death resulting from anyof these at any time. 6. BROADENED NAMED INSURED Section II - Who Is An Insured is amended to include as an insured the following: Any organization which is a legally incorporated entity in which you .own a .financial interest of more than 50 percent of the voting stock on the effective date of this endorsement will be a Named Insured until the 180"' day or the endof 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 thefollowing: a. The Damage To Property exclusion under Section I Coverage A is amended as follows: 1. The exclusion for personal property in the care; custody or control of the insured does not apply to "property damage" to equipment you borrow while at a job site and provided it is not being used by anyone to perform operations at the time of loss. 2. The exclusions for (a) Property loaned 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 'onit do not applyto "property damage" to "customers' good$" 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". VCG 207 06 07 Includes copyrighted material of Insuronce•Services Office, Inc. -Page 3 of 7 Copyright2004, OneBeacon Inserance Group b. Under Section V Definitions, the following definition is added: "Customers' Goods" means goods of your customer on your premises for the purpose of being: 1. Repaired; or 2. Used in your manufacturing process. c. The insurance afforded by this provision is excess over any other valid and collectible property insurance (including any deductible) available to the insured whether such insurance is primary, excess, contingent or on any other basis. Any payments` by 'us will follow the Other Insurance — Excess provisions in the COMMERCIAL GENERAL LIABILITY CONDITIONS. 8. COVERAGE TERRITORY — WORLDWIDE The definition of "coverage 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. 9. DUTIES IN THE EVENT OF OCCURRENCE, OFFENSE, CLAIM OR SUIT Section IV— Duties In The Event Of Occurrence, Claim or Suit is amended by adding the following paragraphs: a. The requirements that you must 1. notify us of an "occurrence" offense, claim or "suit" and 2. send us documents concerning a claim or "suit"` applyonly 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, 'rfyou are a corporation; or 4. A manager, if you are a limited liability company. b. The requirement that you must notify us as soon as practicable of an "occurrence" or an offense that may result in a claim does not apply if you report an "occurrence" to your workers compensation insurer which later develops into a liability claim for which coverage is provided by this policy. However, as soon as you have definite knowledge that the particular "occurrence" is a liability claim rather than a workers compen- sation claim, you must comply with the Duties In The Event Of Occurrence, Offense, Claim Or Suit Condition. 10. EXPECTED OR INTENDED INJURY (PROPERTY DAMAGE) The Expected Or Intended Injury exclusion under Coverage A Bodily Injury and Property Damage is replaced by: "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect personsor property. 11. MEDICAL PAYMENTS — INCREASED UMITS AND TIME PERIOD a. In the Insuring Agreement under Coverage C Medical Payments, the requirement that expenses are incurred and reported to us within one year of the date of the accident's changed to three years. b. The Medical Expense Limit is $10,0 00 per person or the; amount shown in Declarations as the Medical Expenselinilt„whichever is greater, c. This provision 11. does not apply if Coverage C - Medical Payments is otherwise excluded either by the provisions of the Coverage Form -or by endorsement. 12. MOBILE EQUIPMENT — SELF-PROPELLED SNOW REMOVAL, ROAD MAINTENANCE AND STREET CLEANING EQUIPMENT The, following is added to the "mobile equipment". definition: Vehicles maintained primarily for purposes other than the transportation' of persons or cargo that are self- propelled vehicjes of Iess, than 1,000 pounds gross vehicle weight with the following types of permanently attached equipment will be considered "mobile equipment: a. Snow removal; b. Road maintenance, but not construction or resurfacing; or c. Street cleaning. Page 4 of 7 includes copyrighted material of irstoarxe Setvlces Olfwx, Inc. VCG 207 06 07 Copyright2e04, OneBeacon Insurance Group 13. NEWLY FORMED OR AGt.rUIRED ORGANIZATIONS Under Section II — Who Is An Insured, the time period limitation for newly acquired or formed organizations is replaced by: Coverage under this provision is afforded only until the end of the current policy period. 14. 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 14. is excess over any other valid and collectible insurance (including any deductible or Self Insured Retention) 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. 15. NON -OWNED WATERCRAFT a. Section 11 — Who Is An Insured is amended to include as an insured for any watercraft that is covered by this policy, any person who, with your expressed or implied consent, either uses or is responsible for the use of a watercraft. However, no person or organization is an insured with respect to: 1. "Bodily injury" to a co -"employee" of the person operating the watercraft; or 2. "Property damage" to property owned, by, rented to, in the charge of or occupied by you or the employer 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 Property Damage Liability, the limitation on the length of a watercraft is increased to 51 feet. c. The insurance afforded by this provision 15. is excess over any other valid and collectible insurance (including any deductible or Self Insured Retention)` 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. 16. PERSONAL AND ADVERTISING INJURY The following exclusions. under the definition of "personal and advertising injury" are amended as follows: a. Insureds In Media Type Businesses "Personal and advertising injury" committed by an insured whose business is: (1) Advertising,' broadcasting, publishing or telecasting; or (2) Designing or developing content of websites for others. However, this exclusion does not apply to paragraphs 14. a., b. and c. of "personal and advertising injury" under the Definitions Section. For the purposes of this exclusion, the placing of frames, borders or links, or advertising, for you or others is not by itself, considered the business of advertising, broadcasting, publishing or telecasting. b. Electronic Chatrooms Or Bulletin Boards "Personal and advertising injury" arising out of an electronic chatroom or bulletin board the insured hosts, owns, or maintains for others. 17. PRODUCT RECALL EXPENSE a. With respect to this Provision 17., the Recall Of Products, Work Or Impaire d Property exclusion under Coverage A Bodily lnjury 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. VCG 207 06 07 Irk copyrighted material of Insurance Services Offce, Inc. Page 5 of 7 Copyright 2004, OneBeucon Insurance Group (14 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 "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 nsurance for this coverage apply separately to each consecutive annual period and to any remaining period of less than 12 months, starling with the beginning of the policy periodshown in the Declarations, 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 determining 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. Include a description of "your product" and the reason for the withdrawal or recall; 2. Cease any further release, shipment, consignment or any other method of distribution of like or similar products until it has been determined that all such products are free from defects that could be a cause of loss under this insurance; 3. As often as may be reasonably required, permit us to inspect "your product" that demonstrates the need for the "covered recall" and permit us to examine your books and records. Also permit us to take damaged and undamaged samples of "your products" for inspection, testing and analysis; and permit us to make copies from your books and records; 4. Send us a signed, swom, proof of loss containing the information werequested to settle the claim. You must do this within 60 days after our request. We will supplyyou with the necessary fomfs; 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 anexamination, an insured's answers must be signed. 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 determined 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 accommodations; (6) To rent additional warehouse or storage space; or (7) for disposal of "your products", but only to the extent that specific methods of destruction other than those employed for trash discarding or disposal are required to avoid "bodily injury" or "property damage" as a result of such disposal, but "product recall expenses" does not include costs of regaining your market share, goodwill, revenue or profit Page 6 of 7 Includes copyrighted r+atalal of Insurance Services Office, Inc. Copyright2004, 0noBcecon Insurance Group VCG 207 0S 07 (b) "Product Recall Expense" does not include any expenses ,_ ;ulting 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 substitutes; (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 suspected defect in another of your products" has been found. 18. 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. VCG2070607 Includes copyrighted material of Insurance Services Office, Inc. Page 7 of 7 Copyright2004, OneBeacon Insurance Group Policy #711009918-0004 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. BlanketWaiver 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 18. 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 0 — UABiLITY COVERAGE is amended to include as an additional 'insured" .any person or organization with whom you agreed in a written contract, written agreement or permit, to provide Insurance such as is afforded under this Coverage Form. Such person ororganization is an "insured" only with respect to lability for "bodily injury" .or "property damage" caused, in whole or in part by your maintenance, operation or use of your covered "autos". With respect to the insurance afforded to these additional"insureds", this insurance does not apply: a. Unless the written contract or agreement has been executed or the permit has been issued prior to the "bodily injury" or "property damage"; b. To any person or organization included as an "insured" by endorsement or in the Declarations; or c. To any lessor of "autos" when their contract or agreement with you for such leased "auto"ends. 2. AIRBAG DISCHARGE If you purchased physical damage coverage for a covered "auto" under this policy, we will pay to reset or re- place art airbag that accidentally discharges without the vehicle being involved in an accident. No deductible applies to this additional coverage. However, this coverage only applies if the; airbag is not covered under a manufacturer's warranty and you did not intentionally cause the airbag to discharge. 3. AUTO THEFT REWARD We will pay up to a $2,000 reward in the event of a covered loss, for information leading to the arrest and con- viction of anyonesteeling 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:CONDITIIONSis replaced by the following: We will waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of the operation of a covered "auto" When you have assumed liability for such "bodily injury" or "property damage" under an "insured contract", provided the contract is in writing and executed prior to the "bodily injury" or "property damage". 5. BODiLY INJURY REDEFINED -.MENTAL ANGUISH The definition of "bodily injury" under SECTION V - DEFINITIONS Is replaced by the following: "Bodily injury" means bodily injury, sickness, or disease sustained by a person, including mental anguish or death resulting from any of these at any time. VCA 201 01 09 Includes copyrighted material of Insurance Services Office, Inc. Page 1 of 5 Copyright 2b04, 6. BROAD FORM NAMED INSURED a. The Who Is An Insured provision under SECTION 11- LIABILITY COVERAGE Is amended to include the following: Any organization which is a legally incorporated entity in which you own a financial interest of more than 50% of the voting stock on the effective date of this Coverage Form will be a Named Insured until the 180th day or the end of the policy period whichever comes first, provided there is no other similar insurance avail- able to that organization. b. Paragraph a. of this provision 6. does not apply to "bodily injury' or "property damage" for which an "insured" is also an "Insured" under eny other automobile policy or would be an "insured" under such.e 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. GP$ 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 III - 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 fora period of.30 days or less and is used in the conduct of the insureds 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 =LIABILITY COVERAGE and SECTION'IlI -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 9a., or any member of their household, including any such "auto" that Is owned but not insured; . 2. Used by en insured listed in 9.a. while working in the business ofselling, 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 Insured5'listed in 9.a. above and famiy-members residingin the same households are "insureds" while: 1. Occupying es 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 201 01 09 Copyright 2004, I d. The following definition is added to the DEFINm0NS 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 "loss"; and b. Send us documents concerning a claim or "suit", apply only when such "accident", claim, "suit" or "loss" is known to. a. You, if you are an individual; b. A partner, if you are a partnership; c. An executive officer of the corporation or insurance manager, if you are a corporation; or d. A manager, it 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 "ertiployee" 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.b. 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 other collectible insurance. 13. FELLOW EMPLOYEE EXCLUSION The Fellow Employee exclusion under SECTION t1 — 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 11 — LIABILITY COVERAGE and If Comprehensive, Specified Causes of Loss, or Collision coverages are provided under this policy for any "auto" you own, then SECTION Ill —PHYSICAL DAMAGE COVERAGE is extended to "autos" you hire, subject to the following limit: The most we wilt pay for "loss' to any hired "auto" is the lesserof: a. $75,000 for `autos" of the private passengertype and $50,000 for all other "autos"; VCR 2010109 Includes copyrighted material of insurance Services office, Inc. Page 3of5 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 will also cover loss of use of the hired "auto" if the following conditions are met: a. It results from an accident; b. You are legally liable; and c. The lessor incurs an actual financial Toss. The most we will pay for this loss of use coverage is $1,000 per "accident". 16. LEASE GAP COVERAGE Under paragraph C. Limit of Insurance - of SECTION III — PHYSICAL DAMAGE COVERAGE, the following is added: 11 a covered "auto" is leased, we will also pay the difference between the actual cash value of a covered "auto" at the time of "loss" and the remaining balance on your leaseifthe following conditions are met: a. The "auto" has a long term lease and is covered on this policy. b. The lessor is added as an Additional Insured in a written lease agreement. c. You are legally obligated for the remaining balance. We will not pay for any amounts representing excess wear and tear charges; additional mileage charges; taxes; overdue payments; penalties, interest or charges resulting from overdue payments; or lease termination tees. 17. LIABILITY COVERAGE EXTENSIONS — SUPPLEMENTARY PAYMENTS Under SECTION II — LIABILITY COVERAGE, the Coverage Extension for Supplementary Payments is revised as follows: a. The limit tor the cost of bad 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 It— UABILITY COVERAGE is emended to include as an "insured" any organization that is formed or acquired by you and over which you maintain majority own- ership. b. Paragraph a. of this provision 18. does not apply to any organization: 1. Thetis 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 fOrmadon by you, unless you have given us notice of the acqui- sition or formation. c. Paragraph a. of thls provision 18. does not apply to "bodily Injury" or "propertydamage" that results from an "accident" that occurred before you formed or acquired the organization. 19. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES COVERAGE Under SECTION HI — 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 duringthe policy period. beginning 24 hours after the "loss" and ending, regardless of the policy's expiration, six (6) days after the "loss". Page 4 of 5 Includes wpyrip ited material of Insurance Services Oftice, inc. VCA 201 01 09 Copyright 2004. 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 tor 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 01 Q9 Includes copyrighted material of Insurance Services Office, Inc. Page 5 OS Copyright 2004, RESOLUTION NO. 2011 — 145 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A SECOND 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, said Agreement provided the option to extend the term of the Agreement for three additional one-year terms; and WHEREAS, on October 5, 2010, the City Council adopted Resolution No. 2001- 232, approving the First Amendment to the Agreement with Day Wireless Systems for consultant services expanding the term for an additional one-year term, and amended the scope of services to include additional work for the Police Department and Fire Department for the not to exceed amount of $46,509. 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 for the not -to - exceed amount of $52,009, and amend the scope of services to include additional work for the Police Department and a decrease in services for the Fire Department. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute the Second Amendment to the Agreement with Day Wireless Systems in the not -to -exceed amount of $52,009 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, 2012. Said Second Amendment to the Agreement in on file in the office of the City Clerk. PASSED and ADOPTED this 5th day of July, 2011. ATTEST: Michael R. DaIlaCity Clerk on Morrison, Mayor . .. - 1.;i1 irdr►ia ‘'Sily, Attorney OVED AS TO FORM: Passed and adopted by the Council of the City of National City, California, on July 5, 2011 by the following vote, to -wit: Ayes: Councilmembers Morrison, Natividad, Rios, Sotelo-Solis, Zarate. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California City AC1241441berk 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. 2011-145 of the City of National City, California, passed and adopted by the Council of said City on July 5, 2011. City Clerk of the City of National City, California By: Deputy CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: July 5, 2011 AGENDA ITEM NO. 13 .. 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 $52.009.00, to provide maintenance, service and installation of the City's radio communications equipment, maintain infrastructure for mobile and portable radios, on call services and other projects as needed. PREPARED BY: Ronni Zengota, Operations Assistant PHONE: Ext. 4516 EXPLANATION: DEPARTMENT: Police APPROVED BY: S✓� Please see attached staff report. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: Amounts are budgeted in respective departments and cannot exceed the following: Police Department - $40,000.00 001-411-000-287-0000 / 131-411-000-511-0000 and grant accounts) Fire Department - $12,009.00 — 001-412-125-287-0000 & 001-412-125-299-0000 ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Adopt the Resolution BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: tall Report Day Wireless Second Amendment 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 July 18, 2011 Mr. Joseph Carrillo Day Wireless Systems 8300 Juniper Creek Lane, Suite 100 San Diego, CA 92126 Dear Mr. Carrillo, On July 5th, 2011, Resolution No. 2011-145 was passed and adopted by the City Council of the City of National City, authorizing execution of Amendment #2 to an Agreement with Day Wireless Systems. We are enclosing for your records a certified copy of the above Resolution and a fully executed copy of the Amendment. Sincerely, li j Michael R. Dalla, CMC City Clerk Enclosures cc: Police Dept.