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HomeMy WebLinkAbout2017 CON Rayzist Photomask DBA Honor Life - Engraving Services (2)SHORT FORM SERVICES AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND RAYZIST PHOTOMASK, INC. DBA HONOR LIFE, INC. THIS AGREEMENT is entered into this 21 st day of August, 2017, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and RAYZIST PHOTOMASK, INC. DBA HONOR LIFE, INC., a California corporation (the "CONTRACTOR"). NOW, THEREFORE, CITY agrees to engage CONTRACTOR to perform the services set forth herein in accordance with the following terms and conditions: 1. Description of Services. CONTRACTOR shall provide engraving services, more particularly described in Exhibit "A", at the City of National City's Veteran's Wall of Honor for the current fiscal year ending June 30, 2018, and as directed by the City's Veteran's Wall of Honor Program Coordinator, currently Lauren Maxilom. 2. Length of Agreement. The duration of this Agreement is from August 21, 2017 through June 30, 2018. 3. Compensation. The total compensation to CONTRACTOR for providing the services set forth herein shall not exceed an annual cost of $5,000.00. The compensation for CONTRACTOR'S work shall be based upon and not exceed the rates given in Exhibit "A" (the labor rates) without prior written authorization from CITY. 4. Payment Schedule. CITY will make payment within thirty (30) days of receiving and approving a billing statement for the satisfactorily completed services of CONTRACTOR. 5. Termination. CITY may terminate this Agreement at any time by providing one (1) day's written notice to CONTRACTOR. 6. Independent Contractor. It is agreed that CONTRACTOR is an independent Contractor, and all persons working for or under the direction of CONTRACTOR are CONTRACTOR'S agents, servants and employees, and said persons shall not be deemed agents, servants, or employees of CITY. 7. Insurance. CONTRACTOR shall obtain: A. n If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. B. Automobile insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include owned, non -owned, and hired vehicles ("any auto"). C. Commercial General Liability Insurance, with minimum limits of either $1,000,000 per occurrence and $2,000,000 aggregate, or $1,000,000 per occurrence and $2,000,000 aggregate with a $2,000,000 umbrella policy, covering all bodily injury and property damage arising out of its operations, work, or performance under this Agreement. The policy shall name the CITY and its officers, agents, employees, and volunteers as additional insureds, and a separate additional insured endorsement shall be provided. The general aggregate limit must apply solely to this "project" or "location". The "project" or "location" should be noted with specificity on an endorsement that shall be incorporated into the policy. D. Workers' compensation insurance in an amount sufficient to meet statutory requirements covering all of CONTRACTOR'S employees and employers' liability insurance with limits of at least $1,000,000 per accident. In addition, the policy shall be endorsed with a waiver of subrogation in favor of the CITY. Said endorsement shall be provided prior to commencement of work under this Agreement. E. The aforesaid policies shall constitute primary insurance as to the CITY, its officers, employees, and volunteers, so that any other policies held by the CITY shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CITY of cancellation or material change. F. Said policies, except for the professional liability and workers' compensation policies, shall name the CITY and its officers, agents, employees, and volunteers as additional insureds, and separate additional insured endorsements shall be provided. G. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONTRACTOR shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agreement. In addition, the "retro" date must be on or before the date of this Agreement. H. Insurance shall be written with only California admitted companies which hold a current policy holder's alphabetic and financial size category rating of not less than A:VII 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. I. 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. J. All deductibles and self -insured retentions in excess of $10,000 must be disclosed to and approved by the CITY. K. Insurance certificates must specify certificate holder as: City of National City ATTN: Risk Manager 1243 National City Blvd National City, CA 91950-4397 8. Indemnification and Hold Harmless. The CONTRACTOR agrees to defend, indemnify and hold harmless the City of National City, its officers, officials, agents, Standard Short Form Agreement Page 2 of 5 City of National City and Revised July 2017 Honor Life, Inc. employees, and volunteers 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 performance or other obligations under this Agreement; provided, however, that this indemnification and hold harmless shall not include any claims or liability arising from the established sole negligence or willful misconduct of the CITY, its agents, officers employees, or volunteers. CITY will cooperate reasonably in the defense of any action, and CONTRACTOR shall employ competent counsel, reasonably acceptable to the City Attorney. The indemnity, defense, and hold harmless obligations contained herein shall survive the termination of this Agreement for any alleged or actual omission, act, or negligence under this Agreement that occurred during the term of this Agreement. 8. Acceptability of Work. 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. 9. Business License. CONTRACTOR must possess or shall obtain business license from National City Finance Department before beginning work. 10. Miscellaneous Provisions. A. 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. B. 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. C. 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. D. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. To the extent any exhibits, schedules, or provisions thereof conflict or are inconsistent with the terms and conditions contained in this Agreement, the terms and conditions of this Agreement will control. E. 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. F. 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. G. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. The CONTRACTOR shall comply with all laws, including federal, state, and local laws, whether now in force or subsequently enacted. H. 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 Standard Short Form Agreement Page 3 of 5 City of National City and Revised July 2017 Honor Life. Inc. party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. I. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. J. Subcontractors or SubCONTRACTORs. The CITY is engaging the services of the CONTRACTOR identified in this Agreement. The CONTRACTOR shall not subcontract any portion of the work, unless such subcontracting was part of the original proposal or is allowed by the CITY. In the event any portion of the work under this Agreement is subcontracted, the subcontractor(s) shall be required to comply with and agree to, for the benefit of and in favor of the CITY, both the insurance provisions in Section 7 and the indemnification and hold harmless provision of Section 8 of this Agreement. 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) 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, this Agreement is executed by CITY and by CONTRACTOR on the date and year first above written. CITY OF NATIONAL CITY Leslie Deese, City Manager APPROVED AS TO FORM: gil ' oms ones Attorney Standard Short Form Agreement Revised July 2017 RAYZIST PHOTOMAST, INC. DBA HONOR LIFE, INC. (Corporation - signatures of two corporate officers required) By: -.6/1A4 By: (Name) �ocfW'1 _,t 1. 6e<s' (Print) Goo (Name) �15 (Print) (Title) Page 4 of 5 City of National City and Honor Life, Inc. CONTACT INFORMATION CITY OF NATIONAL CITY 1243 National City Boulevard National City, CA 91950-4397 Phone: (619) 336-4289 Fax: (619) 336-4327 Contact: Lauren Maxilom Title: Dep.: Email: Management Analyst II City Manager's Office LMaxilom@nationalcityca.gov HONOR LIFE, INC. 955 Park Center Drive Vista, CA 92081 Phone: (760) 535-0546 Fax: (760) 727-2451 Contact: Mark Heddy Title: Honor Life Sales Email: mheddy@honorlife.com Taxpayer I.D. No.: 86-0502712 Standard Short Form Agreement Page 5 of 5 City of National City and Revised July 2017 Honor Life, Inc. EXHIBIT A City of National City Donor Wall Engraving D and 12th War Memorial HonorLife Memorable quality & service for an unforgettable life. Proposal Onsite plaque engraving August 4, 2017 Honor Life proposes to engrave on existing plaques onsite in National City at the D and 12th War Memorial wall. • 8" x 4" plaques - quantity 4 x $35.00 each = $140.00 • 8 " x 8" plaques - quantity 42 x $65.00 each = $2,730.00 • Trip Charge - $500.00 per day • Total - $3,370.00 (one day trip charge) Terms - balance due in full upon completion of work 955 Park Center Dr. Vista, CA 92081 / 800-585-5768 / honorlife.com RAYZPHO-01 KNELSON2 CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DDIYYYY) 5/11/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder la an ADDITIONAL INSURED, the poiicy(Ies) must have ADDITIONAL INSURED provrs!ons or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and cond!tIons of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in Ilea of such endorsement(s). PRODUCER License # 0757776 Carlsbad, CA - MMA - HUB International Insurance Services Inc. 1803 Wright Place Suite 280 Carlsbad, CA 92008 INSURED Rayzist Photomask, Inc. DBA Honor Life. American Memorial Services, Inc. Edelia & Randy Willis 955 Park Center Dr. Vista, CA 92081 COVERAGES CERTIFICATE NUMBER: THIS 1S TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR C CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANC EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN INSR ,FACT Kimberly D Nelson PHONE (NC, No, Eery �pIFAX (A/C, No): ADR u: Ki)nberly.D.Neison@hubinternatlonal.com INSURER(S) AFFORDING COVERAGE INSURER A Travelers Property Casualty Company of America INSURER B : INSURER C : INSURER 0 : INSURER E: INSURER F : NAIC N 25674 REVISION NUMBER: BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD ONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS E AFFORDED BY THE POLIC ES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OF INSURANCE ADDINSQ- WVO L 9UB POLICY NUMBER POLICY EFF POLICY EXP A X COMMERCIAL GENERAL LIABILITY A A CLAIMS -MADE I X J OCCUR GE AGGREGATE LIMIT APPLIES PER: POLICY j I I LOC X] OTHER: AUTOMOBILE UABILITY X ANY AUTO OWNED AUTOSIE�ONLY AUTOS ONLY UMBRELLA UAB EXCESS UAB SCHEDULED AUOde OCCUR CLAIMS -MADE DED RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE (AMandatory In EXCLUDED" 11 yes, describe under DESCRIPTION OF OPERATIONS below A Commercial Property A Commercial Property 630 3E629203 17 BA-94978435.17 IMMIDD/YYYYI IM MIDD/YrrY) 03/01/2017 03/01/2017 03/01/2018 03/01/2018 UMITS EACH OCCURRENCE DAMAGE OIto RENTED MED EXP (Any one person) PERSONAL & ADV INJURY GENERAL AGGREGATE PRODUCTS - COMP/OP AGG EBL AGG COMBINED SINGLE LIMIT (Ee ancidenll BODILY INJURY (Per person) BODILY INJURY (Per accident) (PROPERTY DAMAGE EACH OCCURRENCE AGGREGATE $ 1,000,000 100,000 $ 5,000 $ 1,000,000 $ 2,000,000 2,000,000 $ 2,000,000 $ $ 1,000,000 YIN NIA X UB2J162841 630 3EE629203 17 630 3E629203 17 03/01/2017 03/01/2017 03/01/2017 03/01/2018 03/01/2018 03/01/2018 X S7ATUTE_L__IH- El.EACH ACCIDENT E. DISEASE - EA EMPLOYEE E.L DISEASE - POLICY LIMIT Bldg Bus Pers Prop $ $ 1,000,000 1,000,000 ,000,000 3,300,000 2,000,000 The City of NatiOPERATIONS nal City Sits elected officials, off (ACORD agents,eemployeeess and volunteerattached ar'e included as Additional Insured with respects to General Liability & Commercial Auto per forms CGD037 0405 & CGD458 0713. Waiver of subrogation applies for Workers Compensation. CERTIFICATE HOLDER Clty of National Clty c/o Risk Manager 1243 National City Boulevard National City, CA 91950-4397 ACORD 25 (2016/03) CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED RFPRESENTATrVE 01988-2016 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD TRAVELERS ONE TOWER SQUARE HARTFORD CT 06183 WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 04 03 06 (01) — 0o3 POLICY NUMBER: IIB-211162841-17-I4-G WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT-CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We win not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described In the Schedule. THE ADDITIONAL PREMIUM FOR THIS ENDORSEMENT SHALL BE 3.00% OF THE CALIFORNIA WORKERS' COMPENSATION PREMIUM OTHERWISE DUE ON SUCH REMUNERATION. PERSON OR ORGANIZATION CITY OF NATIONAL CITY SCHEDULE JOB DESCRIPTION ONGOING SERVICE/MAINTENANCE CONTRACT DATE OF ISSUE: 03-27-17 STASSIGN: Page i of • o= CARRY o= gyFEININ boei GS Policy #630 3E629203 17 COMMERCIAL GENERAL LIA8ILiTY THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. XTEND ENDORSEMENT FOR COMMERCIAL INDUSTRIES This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART GENERAL bESCR1PTION OF COVERAGE — This endorsement broadens coverage.. However, Overage for any injury, damage or medical expanses described In any of the provisions of thls endorsement May be excluded or limited by another endorsement to tills Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is .excluded or limited by such eiz endorsement. The fellowin'g listing is a general cover- age description only. Limitations and,excluslons may epply to these coverages. Read all the provisions of this en- dorsement and the rest Of your policy carefijIiy to determine right,&,. duties, and what. Is and IS not covered. A, Broadened Named insured J. Bodily Injury To Co -Employees And Co -Volunteer B. Blanket Additional Insured — Broad Form Vendors Workers C. Damage To Premises Rented To Yoti K. Aircraft Chartered With Crew • Perils of .fire., explosion, Lightning, Smoke, L. Non -Owned Watercraft — Increased From 25. Feet water To 50 Feet • Limit Increased to $300;000 M. Increased Supplementary Paynlerits D. Blanket Waiver Of Subrogation Cost of bail bonds increased to $2,500 E: 2tanket Addltionel Insured — Owners. Managers • Loss of eamings increased to $500 erda Or 1_esters Of Premises P y F. Blanket Additional Insured — Lessors Of Leased N. Medical Payments - Increased Limit. Equipment O. Knowledge And Notice Of Ooeurrence Or Offense G. lncidenlal Medical Malpractice P. Unintentional Omission H. Personal Injury —Assumed By Contract Q. Reasonable Force — Bodily injury Or Properly 1. Amended Bodily Injury Definition Darnage PROVISIONS, A. BROADENED NAMED INSURED 1. The following is added to SECTION 1I — WHO IS AN iNSURED:. Any organization, other than a partnership pr joint venture, Over which you maintain owner- ship or majority interest on the effective date of the policy qualifies as a Named insured. :However, coverage for any such organization will cease as of the date during the Pilaf, .Pe- riod that you no bnger:mal'etain ownership of, or majority Iftterest.In, such orgarezation. 2. The following replace' Paragraph 4.a. of SECTION 11- WHO IS AN :INSURED. a. Coverage under this provision is afforded only .until the 1801h day after you acquire or form the organization or the end 0 the policy period, whichever is earlier, unless reported in writing to us within.180 days. CG D4 58 07 13 B. BLANKET ADDITIONAL INSURED — BROAD FORM VENDORS The following is added to. SECTION Ii - WHO IS AN INSURED: Any person or organization that is n. vendor and that you. have agreed in a written contract or agreement to include as an additional insured on this Coverage .Part is an insured, but only with re- spect to liability for "bodily Injury" or "property darnage"that: a. Is caused by an "occurrence" that takes place after you have signed and executed that con- tract or agreement; and b. Arises out of "your products' which are dis- tributed or sold in the regular course of such vendor's business. The insurancie provided to such vendor Is subject to the following provisions: C 2013 The Travelers Indemnity Company AR rights reserved. Page 1 of 7 Includes Copyrighted material of insurance Services Office; Inc. With Rs permission: COIUIMERCIAL-GENERAL LIABILITY a. The limits Of insurance provided to Such von- der will be the ltrnits which you agreed to pro- vide in the written contract or agreement, or the taints Shown in the Deciarsttohs of this Coverage Part, whichever are less. b. The :insurance provided ie. such vendor does not apptyto: (1) "Bodily injury" or "property damage" for which the vendor. is obligatedto pay damages by reason of the assurnption of ;liability in a contract or .agreement. This exeluston does .not apply to liability tear demoges that the vendor would have in the absence of the Contract or.agreernent, (2) Any express warranty unauthorized by you; (3) Any physical or chemical :c innge in "your products" madeintentionally by such vendor; (4) Repackaging, unless unpacked solely for the purpose Of inspection, demonstration, testing, or the substitution of parts under instructions Train the manufacturer., end then repai kaged in the original container; My failure to Make such inspections, ad- justments, tests or :servicing as vendors agree to perform or norrnally.undertake to perform in the regular course of business, in connection. with the distribution or sale of "your products": (6) Demonstration, installation_, seNtciI g or repair :operations, except Such operations perfgrreed at such venders premises in connection With the sale of "your prod - acts'`; or (7) "Your products" which, oiler distribution or sale by you, have been labeied or rela- beled or .used as a container, part or in- gredient of any other thing or substance by orfor such vendor Coverage under:this provision does not applyto: a. Any persorr or organization from whom you have acquired "your :products", or any i:ftgre- dient, part or container entering into, accom- panying or containing such products, or b, Any vendor f.Rr Which .coverage as an addi- tional insured specifically is. scheduled by en- dorsement. C. DAMAGE TO PREMISES RBNTEb TO YOU 1. The following replacesthe last 'paragraph of Paragrapi, 2., Exclusions, of SECTION t — CflVERAGES - COVERAGE A BODILY IN- (5) JURY AND PROPERTY DAMAGE LIABIL- !TY: Exclusions c, through n- do not apply to dam- age to premises while rented to you, or tem- porarily occupied by you with permission of the owner; caused by: a. Fire; b, Explosion; c. Lightning; d. Smoke' resulting from such fire, explosion, or ightning; .or e. Water, A separate limit of insurance applies to such damage to premises as described in Para- graph 6. of Section III- Limits Of insurance.. This insurance does not .apply to damage to premises while rented to you, or temporarily occupied by you with permission ` of the owrier, caused by: a. Rupture, bursting, or operation ,of pres- sure relief devices; b. Rupture or bursting .due to expansion or swelling of the contents of any building or structure, paused by or resulting from wa- ter; c. Explosion of steam boilers, steam pipes, steam engines, orsteam turbines, 2. The following replaces Paragraph 6. ,of SEC- TION 111— LIMITS OF INSURANCE: Subject to S, above, the. carnage To Prem- ises Rented To You Limit is the most we .wilt pay under Coverage A for damages because of "property damage" to any one premises While rented to you, or temporarily occupied by you with permission of the: owner, caused by fire;; explosion, lightning smoke resulting from such fire; explosion, or lightning; or wa- ter The manage To Premises Rented To' You Limit will apply to .411 damage prbxi'rnately caused by the :same "Occurrence"; whether Such damage results from fire; explosion; lightning; .smoke resulting from such fire, ex: plo>,ion, or lightning; water; or any corrlbina- tion of any of these. The Damage To Pretnises. Rented To You Limit will be the higher of a. 630O,000, or b. The amount shown on the _Declarations of this Coverage Part for .Damage To Prem- ises Rented To You Limit, Page 2 of .7 t°d 2013 me TrnVerers Indemnity Company. All rights reserved. CO D4 68 07 13 Inctudes copynghttd material of Insurance Services Office, lnc. with its permission, °T onommir wr- oOf NI WWI =. beef Se 3. The following replaces Paragraph a. of the definition 'of'"insured contract" In site DEFINI- TIONS Section: a. A contract for alease of premises_ How ever, that portion of the contract for a lease of 'premises that: Inderitnlfies any person or organization for damage to premises while .rented to you; or tempo - rarity occupied by you with permission of the owner, caused by: (1) Fire; (2) Explosion; (3) Lightning; (4) Smoke resulting Rein such fire, ex, pitsion; orlightning; rir (5) Water. is not an "Insured contract"; 4. The following replaces Paragraph 4.b.(1)(b) of SECTION; IV - C:O:MMERCIAL GENERAL LIABILITY CONDITIONS: (b) That is insurance fee premises reeled to you, or temporarily occupied by you With the permission of the owner; D. BLANKET WAIVER OF SUBROGATION The following is added to Paragraph 8., Transfer Of Rights Of Recovery Against: Others To Us, of SECTION IV COMMERCIAL. GENERAL LI- ABILITY CONDITIONS: We waive any right of recovery we may have ageinMt any person or organization because of payments we make for injury or damage arising out of premises owned or occupied by or tented or loaned 10 you origoing operations, performed by you or on your behalf, done under ,a enntract with that person or organization; "your work"; or "your products". We waive this right where you have agreed to do so as part of a written contract, executed by you prior to loos. E. BLANKET ADDITIONAL INSURED OWNERS, MANAGERS OR LESSORS .OF PREMISES The fotowing Is. added to SECTION. II - WHO IS AN INSURED: Any person or orgariiiatlon that is a premises owner, riteneger or 1es>;or and that you have agreed In a written 'contract or agreement to name es an additional inured on this Coverage Part is an Insured; but only with respect to liability for 'bodily injury% "property damage", "personal Injury` or `advertising injltry'that CG D458'0713 COMMERCIAL, GENERAL LIABILITY a. is "bodily injury° Or "property damage" caused by an "Occurrence" that takes place, or "per- sonei injury' or "advertising Injury caused by an Offense that is committed, after you have signed lied executed that :contract or agree- ment; and. b: Arises out .of the .ownership, maintenanceor use of that part of any premises leased to you. The insurance provided to such premises owner, manager or lessor Is sublect to the following pro- visions: e. The limits of lrnserence provided to such premisesowner, manager or lessor witl be the limits w1rlch you .agr+eed to provide in the written. Contract or agreement, or the limits ,showni nn the :Declarations; of this Coverage Part,: whichever are lass, b. The insurance provided to such premises owner, manager or lessor does not apply to: (1) "Bodily injury" or "property damage caused by an "occurrence" that takes . place, or °personal injury" or "advertising Jnjury" caused by an offense that Is com- mitted, after you cease to be a tenant in that premises; or (2) Structural :alterations, new construction or demolition operations performed by or on behalf of such premises owner, manager or lessor.. c. The insurance provided to such premises owner, manager or lessor Is excess over any Valid and collectible other insurance available to such premises owner, manager or lessor, unless you have ?greed in a written contract for this 'insurance to apply on a :primary or contributory basis. IY. BLANKET ADDITIONAL INSURED LESSORS OF LEASED EQUIPMENT The following; Is added 40 SECTION it — WHO is AN INSURE; Any person or organization that is an equipment lessor and that you have agreed in a written con- tract er agreement to include as an additional In- sured on this Coverage Fart Is an insured, but only with respect to liability for `bodily Injury'', "property damage", °personal injury" or "advertis- ing injury" that: a. is "bodily injury" or "property damage" caused by an "occurrence" that takes place, or per sonal injury' or "advertising injury" caused by an offense that is committed, after you have C 2°13'The Travelers Jndemnity Company; A1l.rights reserved. includes copyrighted materiel of Insurance Services Office, Ind. with Its permission_ Page 3 of 7 COIVIMERCIAL GENERAL LIAlallrrY signed and executed that contract or agree - Merit; and b. is tiatiaed, In whole- or in pail, by YOOr acts or omissions in the maintenance, operation or use by you of equipment [eased to you by such equipment feeSer The Insurance provided to such equipment lessor is subject to the following provisions: a. The limits of insurance provided to such equipment le.ssOr will be the limits Which you agreed to provide in the written contract or agreeMent, or the limits shown on the Decla, 1`211011$ of this Coverage :Part, whichever are less b. The insUranCe .PrOVided to. such eqUipment lessor does not apply to any 'bodily Injury" or °property damage?caused by an "occurrenoe" that takes place, or "personal injury" or "ad, vertiaing Injuiy" caused by an Offeriso that is conirnitted, after the equipment lease expires. The Insurance provided to Such equIpMent lessor is excess Over any valid and OCillectible other Insurance available to such eaulPrnent lessor, wriest you have agreed in a Written contract for this insurande to apply ori a On - Mary or centributbry basis, G. INCIDENTAL MEDICAL MALPRACTICE 1. The following is added to the definition of "oc- currence" in the DEFINITIONS Section; Unless you are in the business or bCoupation of prOviding professional health care servIdes, "occurrence " MS means an act or omission con-IMMO in providing Or failing to provide "Molt:lento] medical services' to a person. 2. The following is added to the DEFINITIONS Section: "incideptal medical services" means: a. Medical, surgical, dental, labOratorYt xry or nursing service or Ireatinent, advice or instruction, or the related furnishing of food or beverages; b. The fumiShing or dlapertsing of drugs or rnedital, dental, or surgical supplies or appliances; c. First aid; or d. " .Good Samaritan services". 0900 Samaritan services" Means any erner- eonoy MeCilpal services for which no corripen- Whin IS demanded or receiVed. c. Page 4 of 7 3. The following is added to Paragraph2.a.(1) of SECTION 11— WHO IS AN INSURED: Unlessyou are In the business or occupation of providing professiOnal health care services, Paragraphs 11)(a), (b), (c) end (d) abOve tin not apply to. any "bodily. Injury" arising but of any providing or felling to provide ineidentai medical servicee by any of your "employees; other than an •ernployed doctor. Any such 'employees" providing or Nang to provide "Incidental medical services" during their work hours for you will. be deemed to be acting within the scope of their employment by you or peiforining duties related to the conduct of '.y�urfrs1ness. 4. The following exClusion is added 'to. Para- graph 2., Exclusions, bf s,EcTioN — COV- ERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE.LIABILITY: Sale Of Pharttl4cwaticala Bodily injury" or 'property damage" arising out of the willful violation of a penal statute or ordinance relating to the sale of pharmeceuti, ails Committed by, or with the knowledge or tionsent of, the insured. E. The following Is added to Paragraph 5. of SECTION 111— LIMITS OF INSURANCE: For the purposes of determining the applica- ble -Each Occurrence Limit, all related acts or omissions committed in the providing or fail- ing to provide "incidental medics( services" to any one parson will be considered one "oc- currence". G. The following is added to Paragraph 4.b., Ex- cess Ifisurance, of SECTION IV — COM- MERCIAL GENERAL LIABILITY CONDI- TIONS: This insurance is excess over any valid and collectible other Insurance, whether primary, excess; .contingent or on any other basis, that is available to any of your "employees" for "bodily injury" that arises .out of pmvicang er falling to provide "incidental Medical services" tO any person to the extent not subject to Paragraph 2.a.(1} of SECTION II WHO IS AN INSURED. H. PERSONAL INJURY — ASSUMED BY CON- TRACT I. The f011owing replaces:Exclusion e., Contrac- tual Liability; in Paragraph 2. of SECTION I — COVERAGES — COVERAGE B:PER- SONAL AND ADVERTISING INJURY ABILITY; 0 201S The Travelers Indemnity Company. All rights reterveti. CO D4 58 01 13 hclUdeE copyrighted material of Inauranoe Services ()Moe, Inc. with Its permission. u • 008107 e. Contractual Liability "Personal injury" or "advertising injury" for which the insured Is: obligated to pay damages by reason of the assumption of liability in a contract or agreement_ This exclusion does not apply to: (1) Liability for damages that the insured would have in the a'Iasenoe of the contract br 8greereirt; or (2) Liability for damages because of `personal Injury" assumed in a con- tract'Or agreement that is an "insured 0Ontraet", provided that the "personal injury Is caused by an offense cqm- rnttted subsequent to the execution of the Centred or agreement, Solely for the purposes of liability essurYtl in an "insured contract". reasonable at- tomeys fees and necessary litigation expenses incurred by yr for a party other than an insured will; be deemed to be damages because of "personal injury"; provided that: (a) Liability tosuch party for, or for the cost of; that patter's defense has also been assumed in the same 'Insured contract"; and (b) Such attorney fees and: litigation expenses are for :defense of that party aealnst 0 We or alternative dispute resokition proceeding in Which damages to which this in- surance applies are alleged. 2. The following replaces the third sentence of Paragraph 2. of ,SUPPLEMENTARY PAY MENTS — COVERAGES A AND 13: Notwithstanding the provis►ons'of Paragraph 2:1j,(2) of Section I — Coverage A — Bodily In- jury And Property Damage Liability or Pere - 'graph 2.e. ofSection 1 Coverage B — Per- sona. and Advertising Injury ;Liability, such payments will not be deemed to be damages because of "bodily injury', 'property damage" or "personal injury", and will not reduce the limits of insanities. S. The following. replaces Paragraph 2.d. of SUPPLEMENTARY PAYMENTS — COVER- AGES A AND B: d. The allegations in the "suit" and the in- formation we know about the `"occur- rence" or -offense are.such that no:conflict appears to.. exist between the interests of CGp4sit 0713 COMMUMERCIAL GENERAL LIABILITY the inetired and the interests of the rn- dem:nitee; 4. The following replaces the first subparagraph of Paragraph f. of the definition of "insured contract" in the DEFINITIONS. Section: f. That part of any other contractor.agree- ment pertaining to your business (incled ing ari tndemelfication of a rrn ntelpauty in connection with work performed for a nunialpal y) under wheel you assume the tort liability :of another party le pay for "bodily injury," "property damage" or ".per- sonal injury" to a third person or organiza- tion. Tort liability Means a liability that Would be irnposed by law to the absence of any contract or agfeernent. I. AMENDED BODILY INJURY DEFINITION The following replaces the :definition of -"bodily in - Jury" in the DEFINITIONS Section: "Bodily injury" means bodily injury, mental an- guisth, mental injury, shock, fright, disability, hu- miliation, sickness or disease sustained by a per- son, including death resulting from any of these at any time. J. BODILY INJURY TO CO -EMPLOYEES AND CO -VOLUNTEER WORKERS The following is added to Paragraph 2.a.(1) of SECTION II — WHO IS AN INSURED: Paragraph (1)(a) ebbve does not apply to "bodily Injury' to a co -"employee" in the course of the co - employee's employment by you or performing duties related to the conduct of your :business, or to "bodily injury" to your other "volunteer wor'kerri" while performing duties: related to the conduct of your business: K. AIRCRAFT CHARTERED WITH CREW The following is added to Exclusion g., Aircraft, Auto Or Watercraft, in Paragraph 2. of SECTION I —. COVERAGES — COVERAGE A BODILY IN- JURY AND PROPERTY DAMAGE LIABILITY: This exccsion does not apply to an aircraft that is (a) Chartered with crew to any insured; (b) Net owned by any insured; and (c) Not being used to carry any person rr prop- etty for a charge L. NON -OWNED WATERCRAFT 1. The following replaces Paragraph (2) of Ex- tluslon g., Aircraft, Auto Or Watercraft; in Paragraph 2; of SECTION I COVERAGES — COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABi LJTY 2018 The Travelers Indemnity Company. Al rights reserved. Page 5 of 7 Includes _copyrighted Material or insurance Services Oftice, Inc. with its permission. COMMERCIAL GENERAL LIABILITY 12) A waterpraft you (10' net own that it: (a) Fifty feet long ar less; and (b) Notbeing used to carry any person or ProPEAY for a Print% 2. The following is added to Paragraph 2. Of SECTION 11WHO IS AN INSURED Any person or organization that, valh your ex- press or Implied consent either uses or is re- sponsible for the use of a Watercraft that you do not own that is: (1) Fifty feet long qr.:less; and (2) Not being OSed to carry: any person or • propertyfor a charge. M. INCREASED SUPPLEMENTARY PAYMENTS 1. The following replaces Paragraph 1.b. -of SUPPLEMENTARY PAYMENTS — COVER- AGES A AND 8 of SECTION I — COVER.. AGES b. Up to $2,500 for cost of ball bonds re- quired because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily injury Liability Coverage applies. We do not have to fur- nish these bonds. 2. The following reptaces Paragraph 1.d. of SUPPLEMENTARY PAYMENTS - COVER- AGES A AND. Er of SECTION I - COVER- AGES; d. All :reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim ar including actual low of earnings up to $600 a day because of time off from work. N. MEDICAL PAYMENTS - INCREASED LIMIT The following replaces Paragraph 7. of SECTION 111 - LIIVIITS OPINSLIRANCE. 7. Subject to S. above, the Medical Expense Unlit is the most we wilt pay under Coverage C. for all -memosl expenses because of 'bod- ily injury" sustained by, any one person, and will be the higher of: (a) $1P,000. (b) The amount shown on the Declarations of this Coverage Part for Medical Expense Lithe. O. KNOWLEDGE AND NOTICE OF OCCUR- RENCE OR OFFENSE The following is added to ParagraPh 2., Duties In The Event of Occurrence, Offense, Claim or Suit, of SECTION TV — COMMERCIAL GEN- ERAL LIABILITY CONDMONS: Pege 6 of 7 e. The following provisions apply to Paragraph •p. above, but only for the purposes of the in- surance provided under this *Coverage Part to you or any Insured listed in Paragraph 1. ar 2. of Seddon II Who Is An insured; (1) Notiee to us of such "occurrence" or of- fense mtist be given as soon as practica- ble only after the "occurrence" or offense is known to you (if you are an individual), any of your partners or members who is an individual (if you are a partnership. or Ant Ventura), any of your managers who is an Individual (if you are a limited liability company), any of your 'trustees Who is an Individual (if you are, a trust), any of your 'executive officers" or directors (If you are an organization other than a partnership, joint venture, limitedliability company or trust) or any "employee" ,atIthorized by you to give notice of an "occumnice or offense. (2) If you are a partnership, joint venture, lim- ited liability company or trust, and none of your partners, ,joint venture members, managers or trustees are individuals, no- tice to us of such 'occurrence or offense must be given as soon as practicable only after the "occurrence" or offense is known by: (a) Any Individual who is: (i) A partner or member of any part- nership or pint venture; (ii) A manager of:any Ilrniteri liability company; (I(i) A trustee of any trust; or (iv) Ari exeoutive officer or director of any other organization; that Is your partner, joint Venture member, manager or twatee; or (b) Any "employee' authorized try such partnership, Joint venture, limited li- ability company; trust or other organi- zation to give notice of an "occur- rence" or offense, (3) Notice to us of such "occurrence" or of - tense will be deemed to be given as soon as Practicable if it is given good faith as soon a$ practicable to yout- workers' compensation inturer, This :applies only if you subsequently give notice to us of the "occurrence".or offense as soon as prac- ticable after any of the persons described in Paragraphs e,(1) or (2) above discOv- 2013 The Travelers IhdemnIty, Company, AU righta reserved. CG 04 S8 07 13 Includes copyrighted material of Insurance Set -vales Moe, In. with its permisson. Wig 10 C 0 imnimmen i� O� lR�r'rr+ r�LEJ a� entitle ors that the "occurrence° or offense may result in sums to which the insurance provided ender this Goveratle Part spay apply, However, ,if this policy Includes an endorse - Melt that provides :limited coverage for "bod- ily injury" or "property damage° or pollution cots arising out of a .discharge, release or escape of "pollutants" Which contains a re- quirement that the discharge, release or es- gape of "pollutants" must be reported to us within a specific number of days after its abrupt commencement, this Paragraph e. does riot aired that regi irehlent. P. 1111:1tNTENTJONA1.. OMISSION The following is added to Paragraph 6., Repre- sentations, of SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS The unintentional omission of, or unintentional er- ror in, any information provided by you which we relied upon in issuing this policy will not prejudice G`OMMFRC1AL'GENERAL LIABILITY your rights under this insurance, However, this provision does not affect our right to collect addi< 3 onai prerniu m or to exercise our rights of cancel- lation or norirenewal in c:W. trine with applica- ble Insuran ie laws or regulations. O. REASONABLE FORCE — BODILY INJURY OR PROPERTY DAMAGE The fellowitig replaces Exclusion a., Expected Or Intended injury., ID Paragraph 2: of SECTION 1— COVEItAGES - .COVERAGE A BODILY IN- JURY AND PROPERTY DAMAGE LIABILITY: a. Expected or Intended Injury or Damage "Bodily injury" or "property damage' .expected or Intended from the standpoint of the In- sured; This exclusion does not apply to "bed - fly injury' or "property damage" resulting from the use of reasonable force to prated any person or property. CO D4 58 07 13 ib 201.3 The Travelers Indemnity Company. All rights reserved. Page 7 of 7 Includes copyrighted material of Insurance SQrvldes Office, Inc. with its permission. Policy # 630 3E629203 17 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. OTHER INSURANCE ADDITIONAL INSUREDS This endorsement modes insurance provided under the following: • COMMERCIAL GENERAL LIABILITY COVERAGE PART PROVISIONS COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV), Paragraph 4. (Other Insurance), is amended as follows: 1. The following is added to Paragraph a. Primary Insurance: However, if you specifically agree in a written con- tract or written agreement that the insurance pro- vided to an additional insured under this Coverage Part must apply on a primary basis, or a primary and non-contributory basis, this insur- ance is primary to other insurance that is avail- able to such additional insured which covers such additional insured as a named insured, and we will not share with that other insurance, provided that: a. The "bodily Injury" or "property damage" for which coverage is sought occurs; and CGi30370405 b. The "personal Injury" or "advertising injury" for which coverage is sought arises out of an of- fense committed subsequent to the signing and execution of that contract or agreement by you. 2. The first Subparagraph (2) of Paragraph b. Ex- cess insurance regarding any other primary in- surance available to you is deleted. 3. The following is added to Paragraph b. Excess Insurance, as an additional subparagraph under Subparagraph (1): That is available to the insured when the insured is added as an additional insured under any other policy, including any umbrella or excess policy. Copyright 2005 The St. Paul Travelers Companies, Inc. All rights reserved. Page 1 of 1 �CtiO L Cj August 28, 2017 Mr. Mark Heddy Rayzist Photomask, Inc. dba Honor Life, Inc. 955 Park Center Vista, CA 92081 Dear Mr. Heddy, CITY OF NATIONAL CITY Office of the City Clerk 1243 National City Blvd., National City, California 91950 619-336-4228 Michael R. Dalla, CMC - City Clerk On August 21, 2017, an Agreement was entered into between the City of National City and Rayzist Photomask, Inc., D.B.A. "Honor Life, Inc.". We are enclosing for your records a fully executed original Agreement. Sincerely, AUJI Michael R. Dalla, CMC City Clerk Enclosure �CtiO L Cj August 28, 2017 Mr. Mark Heddy Rayzist Photomask, Inc. dba Honor Life, Inc. 955 Park Center Vista, CA 92081 Dear Mr. Heddy, CITY OF NATIONAL CITY Office of the City Clerk 1243 National City Blvd., National City, California 91950 619-336-4228 Michael R. Dalla, CMC - City Clerk On August 21, 2017, an Agreement was entered into between the City of National City and Rayzist Photomask, Inc., D.B.A. "Honor Life, Inc.". We are enclosing for your records a fully executed original Agreement. Sincerely, AUJI Michael R. Dalla, CMC City Clerk Enclosure