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2000 - CarTrac (Retail Marking Services, Inc.) - Shopping Cart Retrieval ServicesFIRST AMENDMENT TO SERVICES AGREEMENT FOR SHOPPING CART RETRIEVAL SERVICES (RETAIL MARKETING SERVICES, INC. - CARTRAC) This FIRST AMENDMENT ("Amendment') is made and entered into this V1 day of_1�„_, 2024 ("Effective Date"), by and between the City of Rosemead, a municipal.organa ation, organized under the laws of the State of California with its principal place of business at 8838 East Valley Blvd., Rosemead, California 91770 ("City") and Retail Marketing Services, Inc. d.b.a carTrac with its principal place of business at 1020 N Lake St. Burbank, CA 91502 ("Contractor"). City and Contractor are sometimes individually referred to herein as "Party" and collectively as "Parties." WHEREAS, City and Contractor entered into an agreement on February 23, 2021, for Shopping Cart Retrieval Services (the "Agreement'); and WHEREAS, this Agreement is set to expire on June 30, 2024; and WHEREAS, the City and the Contractor may mutually agree to extend the term of this Agreement for one year; and . NOW, THEREFORE, the Parties agree as follows: SECTION 1. Section 3.1.2 "Term" of the Original Agreement shall be amended to read as follows: 3.1.2 Term. The term of this Agreement shall be extended for an additional one- year period from July 1, 2024, to June 30, 2025, unless earlier terminated as provided herein. Contractor shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines SECTION 2. Section 3.3.1 "Compensation" of the Original Agreement shall be amended to read as follows: 3.3.1 Compensation. Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in the Letter of Extension attached hereto and incorporated herein reference. The total annual compensation, as specified in the attached Letter of Extension shall not exceed Nine Thousand Dollars ($9,000.00) for all services rendered under this agreement between July 1, 2024, and June 30, 2025, in accordance with the contractor's proposal dated June 27, 2024. Extra Work may be authorized, as described in the original Agreement, and if authorized, will be compensated at the rates and manner set forth in the letter of extension. SECTION 3. All other terms, condition, and provisions of the Original Agreement not in conflict with this Addendum, shall remain in full force and effect. SECTION 4. The City Clerk shall certify to the adoption of this Addendum and hereafter the same shall be in full force and effect. IN WITNESS WHEREOF, City and Contractor have caused this Agreement to be executed by their duly authorized representatives as of the day and year first above written. [SIGNATURES ON NEXT PAGE] 2 CITY OF ROSEMEAD -7�4a Ben Kof,7ity Manager Attest: Ericka emandez, City Clerk Approved as to Form: RETAIL MARKETING SERVICES f' , ; By: �l!J� `�� Name: MrtjA ew �r rv.Ij pod sj, . Title: C ET P�-e-Sr t a tZ i all Date Qd k�, 9� Rachel Richman Date City Attorney 3 [If Corporation, TWO SIGNATURES, President OR Vice President AND Secretary, AND CORPORATE SEAL OF CONTRACTOR REQUIRED] carOrac June 27. 2024 Christopher Camacho Public Works Manager City of Rosemead 8838 E Valley Blvd Rosemead, CA 91770 Hi Christopher, Retail Marketing Services, Inc. d.b.a carTrac, would like to request a I" year contract extension form July 1, 2024 — June 30, 2025. carTrac understands that all terms and conditions remain the same as per contract ending June 30, 2024. Thank you for the opportunity to continue partnering with the City of Rosemead. If you have any questions, please feel free to contact me. Shopping Cart Retrieval Services Agreement In consideration for the cart retrieval services provided pursuant to an Agreement with the City, carTrac shall be paid for the following fees: $5.00 Per Cart (NTE $9,000.00 Per Year.) Thank you and we look forward to continuing our partnership with the City of Rosemead. Marco Saucedo VP of Operations, carTrac 310.895.5846 msaucedo@retailms.net RMS, Inc. 1020 N Lake St. Burbank, CA 91502 www.retailsolutionshq.com ACORe CERTIFICATE OF LIABILITY INSURANCE `/ DATE (MMrDDNYYY 1 8/26/2024 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 Is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. 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). PRODUCER Brittain Insurance Services 122 N. Citrus Ave. Suite 210 CONTACT NAME: Rebecca Adcock License No. 1538375 PHONEFAX 626-967-7985 ac No: 626-967-7980 ADDRESS: rebecca@ brittaininsurance.00m INSURERS AFFORDING COVERAGE NAIL# Covina, CA 91723 INSURER A: Ohio Casualty Insurance Company 24074 www. brittaininsurance.com Lic No. 0821570 INSURED Retail Marketing Services, Inc. 1020 N Lake St INSURER B: West American Insurance Company 44393 INSURERC: StarStone Specialty Insurance Company 44776 PERSONAL &ADV INJURY $1.0001000 Burbank CA 91502 INSURER D: Technology Insurance Company,Inc. 42376 INSURER E $ NSURERF: AUTOMOBILE LIABILITY ANY AUTO OWNEDSCHEDULED AUTOS ONLY AUTOS HIRED NON-0WNED AUTOS ONLY AUTOS ONLY COVERAGES CERTIFICATE NUMBER: R1SA0750 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTRim TYPE OF INSURANCE ADDLSUBR MID POLICY NUMBER MMIDD EFF MMMILDICYUP YYy LIMBS A �/ COMMERCIALGENERALUABILITY CLAIMS -MADE � OCCUR �// BK063573762 8/25/2024 10/2/2024 EACH OCCURRENCE $1000000 PREMISES Ea oocu"roe $500000 MED UP (Any one person) $15,000 PERSONAL &ADV INJURY $1.0001000 GEN'L AGGREGATE LIMIT APPLIES PER: ✓ POLICY ]P' LOC OTHER: GENERALAGGREGATE $2,000,000 PRODUCTS-COMP/OP AGG $2000000 $ B AUTOMOBILE LIABILITY ANY AUTO OWNEDSCHEDULED AUTOS ONLY AUTOS HIRED NON-0WNED AUTOS ONLY AUTOS ONLY IIAW63573762 6/25/2024 10/2/2024 Eeaeciand..ft) SINGLE LIMIT $1000000 BODILY INJURY (Par parson) $ BODILY INJURY (Par eodtlenq $ PROPERTY DAMAGE $ Per accident Medical Payments $5000 CUMBRELLA LIAB EXCESS LIAR �/ OCCUR CLAIMS -MADE ✓ ./ 89472U230ALI 8/25/2024 10/2/2024 EACH OCCURRENCE $5000000 AGGREGATE $5,000,000 DED RETENTION$ s D WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANYPROPRIETORIPARTNEWEXECUTIVE Y/ N OFFICER/MEMBEREXCLUDE07 �N (Mandatory In NH) If as, describe under DESCRIPTION OF OPERATIONS below NIA TWC4324507 10/2/2023 10/2/2024 ,/ sraTUrE ERµ E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE -POLICY LIMIT $1.000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may I,e attached R more space Is required) Certificate Holder named Additional Insured and Insurance is Primary/Non-contributory as respects General and Auto Liability per contract. Waiver of Subrogation as respects General Liability, Auto Liability, and Workers' Compensation. Excess follows form. '30 day notice of cancellation applies. CERTIOICATc HOLDER CANCELLATION ©1988.2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD 81580750 1 2129 1 23-24 WC: 24-25 GL/AVT/EXC I Rebecca Adcock 18/26/2024 10:37:01 AM (POT) I Page 1 of 19 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Ci of Rosemead THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 8886 East Valley Blvd. ACCORDANCE WITH THE POLICY PROVISIONS. Rosemead CA 91770 AUTHORREDREPRESENTATIVE /an, Tim Lairson ©1988.2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD 81580750 1 2129 1 23-24 WC: 24-25 GL/AVT/EXC I Rebecca Adcock 18/26/2024 10:37:01 AM (POT) I Page 1 of 19 E M F S k a...: CIVIC PRIDE NI 411CoRPpRATED 1959 SHOPPING CART RETRIEVAL SERVICES AGREEMENT (CARTRAC — RETAIL MARKETING SERVICES, INC.) 1. PARTIES AND DATE. This Agreement is made and entered into this 134 day of 1 , 202.1 (Effective Date) by and between the City of Rosemead, a municipal or anization organized under the laws of the State of California with its principal place of business at 8838 E. Valley Blvd., Rosemead, California 91770 ("City") and Cartrac— Retail Marketing Services, Inc. with its principal place of business at 1020 N, Lake St, Burbank, CA 91502 ("Contractor"). City and Contractor are sometimes individually referred to herein as "Party" and collectively as "Parties." 2. RECITALS. 2.1 Contractors. Contractors desires to perform and assume responsibility for the provision of certain professional services required by the City on the terms and conditions set forth in this Agreement. Contractor represents that it is experienced in providing Shopping Cart Retrieval services to public clients, is licensed in the State of California, and is familiar with the plans of City. 2.2 Project. City desires to engage Contractor to render such ongoing general public works and professional services ("Services") as set forth in this Agreement. 3. TERMS. 3.1 Scope of Services and Term. 3.1.1 General Scope of Services. Contractor promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional Shopping Cart Retrieval services necessary for the Project ("Services"). The Services and hourly rates are more particularly described in Exhibit A attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. CARTRAC— RETAIL MARKETING SERVICES, INC. Page 2 of 11 3.1.2 Term. The term of this Agreement shall be from Effective Date shown above to June 30, 2024, with the option for renewal for up to two (2) one-year periods, unless earlier terminated as provided herein. Contractor shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. 3.2 Responsibilities of Contractor. 3.2.1 Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Contractor or under its supervision. Contractor will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Contractor on an independent contractor basis and not as an employee. Contractor retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Contractor shall also not be employees of City and shall at all times be under Contractor's exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. 3.2.2 Schedule of Services. Contractor shall perform the Services expeditiously, within the term of this Agreement. Contractor represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Contractor's conformance with the Schedule, City shall respond to Contractor's submittals in a timely manner. Upon request of City, Contractor shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services. 3.2.3 Conformance to Applicable Requirements. All work prepared by Contractor shall be subject to the approval of City. 3.2.4 Substitution of Key Personnel. Contractor has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Contractor may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Contractor cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Contractor at the request of the City. CARTRAC— RETAIL MARKETING SERVICES, INC. Page 3 of 11 3.2.5 City's Representative. The City hereby designates the Director of Public Works, Christopher Daste, or his or her designee, to act as its representative for the performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for all purposes under this Contract. Contractor shall not accept direction or orders from any person other than the City's Representative or his or her designee. 3.2.6 Contractor's Representative. Contractor hereby designates Stephen C. Turner, Executive Vice President, or his/her designee, to act as its representative for the performance of this Agreement ("Contractor's Representative"). Contractor's Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Agreement. The Contractor's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement. 3.2.7 Coordination of Services. Contractor agrees to work closely with City staff in the performance of Services and shall be available to City's staff, contractors and other staff at all reasonable times. 3.2.8 Standard of Care; Performance of Employees. Contractors shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Services. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Contractor's failure to comply with the standard of care provided for herein. Any employee of the Contractor or its sub-contractors who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Contractor and shall not be re-employed to perform any of the Services or to work on the Project. 3.2.9 Laws and Regulations. Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with Services. If the Contractor performs any work knowing it to be contrary to such laws, rules and regulations and CARTRAC— RETAIL MARKETING SERVICES, INC. Page 4 of 11 without giving written notice to the City, Contractor shall be solely responsible for all costs arising therefrom. Contractor shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations. 3.2.10 Insurance. 3.2.10.1 Time for Compliance. Contractor shall maintain prior to the beginning of and for the entire duration of this Agreement an insurance coverage and policy as specified in Exhibit B attached to and part of this agreement. 3.2.11 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and life saving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures. 3.3 Fees and Payments. 3.3.1 Compensation. Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement, as specified in the attached proposal (i.e., hourly rates, expenses, etc.), but not to exceed Nine Thousand Dollars ($9,000.00) per fiscal year. Such payments shall be made on an as- needed basis as directed by the City. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement. 3.3.2 Payment of Compensation. Contractor shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by Contractor. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within 45 days of receiving such statement, review the statement and pay all approved charges thereon. 3.3.3 Reimbursement for Expenses. Contractor shall not be reimbursed for any expenses unless authorized in writing by City. CARTRAC— RETAIL MARKETING SERVICES, INC. Page 5 of 11 3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Contractor perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Contractor shall not perform, nor be compensated for, Extra Work without written authorization from City's Representative. 3.3.5 Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 1600, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Contractor's principal place of business and at the project site. Contract shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 3.4 Accounting Records. 3.4.1 Maintenance and Inspection. Contractor shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Contractor shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 3.5 General Provisions. 3.5.1 Termination of Agreement. 3.5.1.1 Grounds for Termination. City may, by written notice to Contractor, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Contractor of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Contractor shall be compensated only for those services which have been adequately rendered to City, and Contractor shall be entitled to no further compensation. Contractor may not terminate this Agreement except for cause. CARTRAC— RETAIL MARKETING SERVICES, INC. Page 6 of 11 3.5.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Contractor to provide all finished or unfinished Documents and Data and other information of any kind prepared by Contractor in connection with the performance of Services under this Agreement. Contractor shall be required to provide such document and other information within fifteen (15) days of the request. 3.5.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. 3.5.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose: CONTRACTOR: Cartrac— Retail Marketing Services 1020 N. Lake St. Burbank, CA 91502 Attn: Stephen C. Turner Tel: (818) 817-6709 CITY: City of Rosemead P.O. Box 399 Rosemead, CA 91770 Attn: Director of Public Works, Christopher Daste Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 3.5.3 Ownership of Materials and Confidentiality. 3.5.3.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Contractor under this Agreement ("Documents & Data"). Contractor shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data which were prepared CARTRAC—RETAIL MARKETING SERVICES, INC. Page 7 of 11 by design professionals other than Contractor or provided to Contractor by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 3.5.3.2 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents and Data either created by or provided to Contractor in connection with the performance of this Agreement shall be held confidential by Contractor. Such materials shall not, without the prior written consent of City, be used by Contractor for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Contractor which is otherwise known to Contractor or is generally known, or has become known, to the related industry shall be deemed confidential. Contractor shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City. 3.5.4 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement. 3.5.5 Attorney's Fees. If either party commences an action against the other party, either legal, administrative or other, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney's fees and all other costs of such action. 3.5.6 Indemnification. Contractor shall defend, indemnify and hold the City, its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions or willful misconduct of Contractor, its officials, officers, employees, agents, Contractors and contractors arising out of or in connection with the performance of the Services, the Project or this Agreement, including without limitation the payment of all consequential damages and attorneys fees and other related costs and expenses. Contractor shall defend, at Contractor's own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against City, its directors, officials, officers, employees, agents or volunteers. Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or its directors, officials, officers, employees, agents or volunteers, in any such suit, action or other legal proceeding. Contractor shall reimburse City and its directors, officials, officers, employees, agents and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its directors, officials officers, employees, agents or volunteers. CARTRAC— RETAIL MARKETING SERVICES, INC. Page 8 of 11 3.5.7 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties. 3.5.8 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Los Angeles County. 3.5.9 Time of Essence. Time is of the essence for each and every provision of this Agreement. 3.5.10 City's Right to Employ Other Contractors. City reserves right to employ other Contractors in connection with this Project. 3.5.11 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties. 3.5.12 Assignment or Transfer. Contractor shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. 3.5.13 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Contractor include all personnel, employees, agents, and subcontractors of Contractor, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement. 3.5.14 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 3.5.15 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise. 3.5.16 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties. CARTRAC—RETAIL MARKETING SERVICES, INC. Page 9 of 11 3.5.17 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 3.5.18 Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Contractor further agrees to file, or shall cause its employees or subcontractors to file, a Statement of Economic Interest with the City's Filing Officer as required under state law in the performance of the Services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 3.5.19 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Contractor shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted. 3.5.20 Labor Certification. By its signature hereunder, Contractor certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 3.5.21 Authority to Enter Agreement. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party. 3.5.22 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original. 3.6 Subcontracting. 3.6.1 Prior Approval Required. Contractor shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. CARTRAC—RETAIL MARKETING SERVICES, INC. Page 10 of 11 [Signatures on next page] CARTRAC— RETAIL MARKETING SERVICES, INC. Page 11 of 11 CITY OF ROSEMEAD CARTRAC — RETAIL MARKETING SERVICES � P1 By: ' I 1�/�1L___ , 2_12A(202,1 B 124/312-0 t • is Molleda, City Manager Date Date Name: StLtI (. • TC/0x Attest: Title: Et1 VIe1, eft&kteKE 1110 2/26 42574 Ericka Hernandez, City Clerk Date [If Corporation, TWO SIGNATURES, President OR Vice President AND Secretary, AND CORPORATE SEAL OF CONTRACTOR REQUIRED] By: Name: AN(.4 I/A eci) •--)6(A-C-5 o Title: l� TIS Gqi . "`.� 44'� 71=p EXHIBIT A SCOPE OF SERVICES/ HOURLY RATES ftPricing Table z J �'... - �' i s '_� Monthly/Per Cart Service Charge $750 per month ($5 per Cart) 5 Days Week M-F Note. Dote o Excpecl (NTE) gadget �. $A-1 i. if AN RMS COMPANY RM Proposal for Service City of Rosemead 8838 East Valley Blvd. Rosemead, CA 91770 Telephone: (626) 569-2262 Martin Jones mjones@cityofrosemead.org Proposal for City Contract RETAIL RM MARKETING SERVICES Proposal for Contract July 20, 2019 Retail Marketing Services doing business as CarTrac a California Company and a wholly owned subsidiary of the California Grocers Association, (CGA) a California non-profit corporation, submits this proposal to furnish services for the City of Rosemead, (CITY). Formed in 1993, CarTrac was created in response to the need for major grocery store chains to gain control over their shopping cart retrieval. With the help of these major chains, CARTRAC began operating with 200 area stores. Today, that business has grown to over 5500 stores serviced weekly. CARTRAC currently retrieves almost 8 million shopping carts annually. The shopping cart retrieval program is available to any retailer, including all supermarkets, mass merchandisers, department stores, home improvement stores and drug stores. Since CARTRAC has existing contracts with MANY of the retailers in the city, the cost to the CITY is significantly reduced, by CARTRAC's already extensive retrieval presence. The CITY will only be charged for NON-CUSTOMER shopping carts retrieved in the CITY. Additionally, with the numerous contracts with retailers in the adjacent municipalities,their carts located in the CITY,will be returned to them at no cost to the CITY. 1. Responsibilities of CARTRAC. In providing shopping cart retrieval services to the CITY, CARTRAC shall have and perform general responsibilities, including but not limited to the following: Page 2 of 6 Proposal for City Contract A. CARTRAC agrees to be responsible for retrieval and the return of shopping carts per the specifications of the CITY, up to (5) days a week B. CARTRAC agrees to use ramps for unloading shopping carts and to make every effort to prevent damage to the shopping. C. CARTRAC agrees to have sub-contractors comply with all laws pursuant to the California State Business and Professions Code, Section 22435. D. CARTRAC understands the CITY LOGS are the means by which fees are calculated and paid, and that it is CARTRAC's responsibility to provide the CITY with true, correct and accurate CITY LOGS. A copy of the CITY LOG shall be provided to the CITY on a monthly basis E. CARTRAC shall deliver all collected carts, to the appropriate retailer, which is identified on the cart. Unidentifiable "no name" carts shall be disposed of. F. CARTRAC will typically respond within 24 hours to cart locations called into an (800) phone number provided by CARTRAC. This number shall be available 24 hours a day and a log of all calls shall be made available to the CITY upon request. G. CARTRAC will also make available a website to report cart locations, and CARTRAC will typically respond to those reported carts within 24 hours. H. CARTRAC will conduct random field inspections by its representatives and/or agents to ensure compliance with all terms of the Agreement with the CITY by its sub-contractors. 2. Fees. In consideration for the cart retrieval services provided pursuant to an Agreement with the CITY, CARTRAC shall be paid the following fees: $5.00 per Cart (NTE $750 per mo. or $9,000 per yr.) CARTRAC shall invoice the CITY on a monthly basis for services performed. Invoices shall contain as much detail and supporting documentation as is reasonably prescribed by CITY. Page 3 of 6 Proposal for City Contract 3. Drivers License. CARTRAC agrees that CARTRAC and ALL of CARTRAC'S representatives performing services shall maintain a valid unrestricted California Drivers License (CDL) during the term of the Agreement. 4. Licenses and Permits. CARTRAC's sub-contractors shall possess and keep current all necessary licenses and permits as required by any federal, state or local laws. 5. Insurance. CARTRAC maintains general liability and excess liability insurance in the amounts $2,000,000 and $4,000,000. CARTRAC shall evidence such insurance coverage by delivering to the CITY, before the commencement of services under any Agreement, certificates of insurance and additional endorsements made out in forms suitable to the CITY and naming the CITY as an additional insured on all classes of insurance required. 6. Additionally, CARTRAC's sub-contractor maintains General Liability Insurance, with a combined single limit of not less than $2,000,000 per occurrence; automobile liability insurance for all owned,non-owned and hired vehicles with a combined single limit of not less than $1,000,000 per occurrence, and Workers' compensation as required by law. 7. Discrimination. CARTRAC or its sub-contractors will not engage in, nor permit its employees or sub-contractors to engage in any form of discrimination in employment of persons because of their race, religion, color, national origin, ancestry, physical handicap, medical condition, lifestyle, marital status, age or sex. CARTRAC currently has 35 municipal contracts including contracts with Los Angeles County, Sacramento County and our largest contract with the City of Riverside. Page 4 of 6 Proposal for City Contract Our qualifications far exceed any other potential bidders, and our insurance is also more substantial than anyone else's. We can perform the services requested better than the other submitters and have helped develop programs for many other municipalities around the state. We realize the CITY has determined that abandoned shopping carts constitute a nuisance,and interfere with pedestrian and vehicular traffic. By entering into a contract with CARTRAC, the CITY will close the loop in the system established by the major retailers and correct the conditions,which reduce property values and promote blight and deterioration. Should you have any questions regarding this proposal, or want clarification,please feel free to contact me. Sincerely, Retail Marketing Services, Inc. STEPHEN C. TURNER Stephen Turner Vice President,Sales sturner(@,retailms.net Cell: 818.237.8418 Direct:818.817.6709 www.retailsolutionsus.com '� p.M (jD�y .?I iryl1+"0 RM carirac( fie RMS companies Page 5 of 6 Proposal for City Contract REFERENCES Kirsten Rosales Brian Phillips Public Works Dept. Store Operations Administration CITY OF RIVERSIDE RALPHS GROCERY COMPANY 3900 Main St. P.O.Box 54143 Riverside, CA 92522 Los Angeles, CA 90054 951.826.5847 310.884.4015 Cheryl Hughes Curt Showalter Public Works Public Works Manager CITY OF PALMDALE CITY OF CORONA 39110 3rd St East 730 W. Corporation Yard Way Palmdale, CA 93550 Corona, CA 92880 661.267.5318 909.279.3677 Tim James Carrie Inciong Director, Local Government Relations Pubic Works Dept. CALIF. GROCERS ASSOCIATION Los Angeles county 1415 L Street, Suite 450 900 S. Fremont Sacramento, CA 95814 Alhambra, CA 91803 916.448.3545 626-458-3990 Page 6 of 6 EXHIBIT B INSURANCE REQUIREMENTS Prior to the beginning of and throughout the duration of the Work, Contractor will maintain insurance in conformance with the requirements set forth below. Contractor will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth here, Contractor agrees to amend, supplement or endorse - the existing coverage to do so. Contractor acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to City in excess of the limits and coverage required in this agreement and which is applicable to a given loss, will be available to City. Contractor shall provide the following types and amounts of insurance: Commercial General Liability Insurance using Insurance Services Office "Commercial General Liability" coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $2,000,000 per occurrence, $4,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO "insured contract" language will not be accepted. Automobile Liability Insurance - Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than 1,000,000 combined single limit for each accident. Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit requirements, shall provide coverage at least as broad as specified for the underlying coverages. shall obtain and maintain an umbrella or excess liability insurance policy with limits that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability and - employer's liability. Such policy or policies shall include the following terms and conditions: • A drop-down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason; • Pay on behalf of wording as opposed to reimbursement; • Concurrency of effective dates with primary policies; • Policies shall "follow form" to the underlying primary policies; and • Insureds under primary policies shall also be insureds under the umbrella or excess policies. B-1 Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Contractor and "Covered Professional Services" as designated in the policy must specifically include work performed under this agreement. The policy limit shall be no less than $1,000,000 per occurrence and $2,000,000 in aggregate. The policy must "pay on behalf of the insured and must include a provision establishing the insurer's duty to defend. The policy retroactive date shall be on or before the effective date of this agreement. Insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers in the state of California and with an A.M. Best rating of A- or better and a minimum financial size VII. General conditions pertaining to provision of insurance coverage by Contractor. Contractor and City agree to the following with respect to insurance provided by Contractor: 1. Contractor agrees to have its insurer endorse the third-party general liability coverage required herein to include as additional insureds City, its officials, employees and agents, using standard ISO endorsement No. CG 2010. Contractor also agrees to require all contractors, and subcontractors to do likewise. 2. No liability insurance coverage provided to comply with this Agreement shall prohibit Contractor, or Contractor's employees, or agents, from waiving the right of subrogation prior to a loss. Contractor agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise. 3. All insurance coverage and limits provided by Contractor and available or applicable to this agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations limits the application of such insurance coverage. 4. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. 5. No liability policy shall contain any provision or definition that would serve to eliminate so-called "third party action over" claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor. B-2 6. All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. Contractor shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect City's protection without City's prior written consent. 7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverages required and an additional insured endorsement to Contractor's general liability policy, shall be delivered to City at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Contractor or deducted from sums due Contractor, at City option. 8. Certificate(s) are to reflect that the insurer will provide 30-day notice to City of any cancellation of coverage. Contractor agrees to require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or that any party will "endeavor" (as opposed to being required) to comply with the requirements of the certificate. 9. It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by Contractor or any subcontractor, is intended to apply first and on a primary, noncontributing basis in relation to any other insurance or self-insurance available to City. 10. Contractor agrees to ensure that subcontractors, and any other party involved with the project who is brought onto or involved in the project by Contractor, provide the same minimum insurance coverage required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contractor agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review. B-3 11. Contractor agrees not to self-insure or to use any self-insured retentions or deductibles on any portion of the insurance required herein and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement to self-insure its obligations to City. If Contractor's existing coverage includes a deductible or self-insured retention, the deductible or self-insured retention must be declared to the City. At that time the City shall review options with the Contractor, which may include reduction or elimination of the deductible or self-insured retention, substitution of other coverage, or other solutions. 12. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Contractor ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Contractor, the City will negotiate additional compensation proportional to the increased benefit to City. 13. For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement. 14. Contractor acknowledges and agrees that any actual or alleged failure on the part of City to inform Contractor of non-compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard. 15. Contractor will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this agreement. This obligation applies whether or not the agreement is canceled or terminated for any reason. Termination of this obligation is not effective until City executes a written statement to that effect. 16. Contractor shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Contractor's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to. City within five days of the expiration of the coverages. 17. The provisions of any workers' compensation or similar act will not limit the obligations of Contractor under this agreement. Contractor expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials and agents. B-4 18. Requirements of specific coverage features, or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be limiting or all- inclusive. 19. These insurance requirements are intended to be separate and distinct from any other provision in this agreement and are intended by the parties here to be interpreted as such. 20. The requirements in this Section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Section. 21. Contractor agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Contractor for the cost of additional insurance coverage required by this agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto. Contractor agrees to provide immediate notice to City of any claim or loss against Contractor arising out of the work performed under this agreement. City assumes no obligation or liability by such notice but has the right(but not the duty)to monitor the handling of any such claim or claims if they are likely to involve City. B-5 ' ® DATE(MMIDD/YYYY) A�o CERTIFICATE OF LIABILITY INSURANCE 02/18/2021 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 is an ADDITIONAL INSURED,the policy(les)must have ADDITIONAL INSURED provisions or be endorsed. 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). PRODUCER CONTACT Deanna Franzen NAME: Brittain Insurance Services PHONE (626)967-7985 FAX (626)967-7980 (A/C,No,Ext): (A/C,No): 122 N Citrus Ave E-MAIL Deanna@Brittainlnsurance.com ADDRESS: Ste.210 INSURER(S)AFFORDING COVERAGE NAIC# Covina CA 91723 INSURERA: Employers Mutual Casualty Company 21415 - INSURED INSURER B: National Union Fire Ins Company of Pittsburgh,PA 19445 Retail Marketing Services,Inc.;dba:California Shopping CartINSURER C: CompWest Insurance Company 12177 Retrieval Co.;dba:California Coupon Redemption Center INSURER D: 1020 N.Lake St. INSURER E: Burbank CA 91502 INSURER F: COVERAGES CERTIFICATE NUMBER: CL20101407288 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED 500,000 CLAIMS-MADE X OCCUR PREMISES(Ea occurrence) $ MED EXP(Any one person) $ 10,000 A Y Y 5X9-24-1821 08/25/2020 08/25/2021 PERSONAL BADVINJURY $ 1,000,000 • GEN'LAGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 X POLICY JECT PRO LOC PRODUCTS-COMP/OPAGG $ 2,000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident) X ANY AUTO BODILY INJURY(Per person) $ A OWNED SCHEDULED Y Y 5X9-24-1821 08/25/2020 08/25/2021 BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY (Per accident) $ • UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,000 B X EXCESS LIAB CLAIMS-MADE 13E080728733 08/25/2020 08/25/2021 AGGREGATE $ 5,000,000 DED RETENTION$ $ WORKERS COMPENSATION X STATUTE OTH- ER AND EMPLOYERS'LIABILITY Y/N 1,000,000 C ANY PROPRIETOR/PARTNER/EXECUTIVE N N/A Y WCV550458200 10/02/2020 10/02/2021 ( E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? 1,000 00,0 (Mandatory in in NNH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under 1000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ , DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Certificate Holder added as Additional Insured and Insurance is Primary/Non-contributory as respects General Liability per contract.Additional Insured applies as respects Auto Liability.Waiver of Subrogation applies as respects General Laibility,Auto Liability,and Workers'Compensation as required by written contract.*30 day notice of cancellation,10 days for nonpay. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN City of Rosemead ACCORDANCE WITH THE POLICY PROVISIONS. 8838 East Valley Blvd. AUTHORIZED REPRESENTATIVE Rosemead CA 91770 -,,.s _ M' ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Policy Number: 5X9-24-1821 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. GENERAL LIABILITY ELITE EXTENSION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM The COMMERCIAL GENERAL LIABILITY COVERAGE FORM is amended to include the following clarifications and extensions of coverage. The provisions of the Coverage Form apply unless modified by, endorsement. A. EXPECTED OR INTENDED INJURY The aggregate limit listed above is the most we will Section I — Coverage A, Exclusion a. is amended pay for all damages because of"property damage" as follows: to property in the care custody and control of or property loaned to an insured during the policy a. "Bodily injury" or "property damage" expected period. or intended from the standpoint of an insured. Any payment we make for damages because of This exclusion does not apply to "bodily injury' or"property damage" resulting from the use of "property damage" to property in the care, custody and control of or property loaned to an insured will reasonable force to protect persons or property. apply against the General Aggregate Limit shown in B. NON-OWNED WATERCRAFT the declarations. Section I — Coverage A, Exclusion g.(2) is b. Our obligation to pay damages on your behalf amended as follows: applies only to the amount of damages in (2) A watercraft you do not own that is: excess of the deductible amount listed above. (a) Less than 60 feet long; and We may pay any part or all of the deductible amount listed above. We may pay any part or (b) Not being used to carry person(s) or all of the deductible amount to effect settlement • property for a charge; of any claim or "suit" and upon notification by C. EXTENDED PROPERTY DAMAGE COVERAGE us, you will promptly reimburse us for that part Section I—Coverage A, Exclusions j.(3)and(4) is of-the deductible we paid. amended to add the following: c. If two or more coverages apply under one Paragraphs (3) and (4) of this exclusion do not "occurrence", only the highest per claim apply to tools or equipment loaned to you, provided deductible applicable to these coverages will they are not being used to perform operations at apply. the time-of.loss. d. Insurance provided by this provision is excess over any other insurance, whether primary, SCHEDULE excess, contingent or any other basis. Since Limits Of Insurance Deductible insurance provided by this endorsement is excess; we will have no duty to defend any $5,000 Each Occurrence $250 Per Claim claim or "suit' to which insurance provided by $10,000 Annual Aggregate this endorsement applies if any other insurer has a.duty to defend such a claim or "suit". If a. The'. each occurrence limit listed above is the no other insurer defends, we will undertake to most we will pay for all damages because of do so, but we will be entitled to the insured's "property damage" to property in the care, rights againstall those other insurers. custody and control of or property loaned to an D. PROPERTY DAMAGE—ELEVATORS insured as the result of any one "occurrence", regardless of the number of: Section I—Coverage A.2. Exclusions paragraphs (1) insureds; j.(3), j:(4), j.(6) and k. do not apply to use of elevators: This insurance afforded by this provision (2) claims made or"suits" brought; is excess over any valid and collectible property (3) persons or organizations making claims or insurance (including any deductible) available to • bringing"suits". the insured and Section IV—Commercial General Liability Conditions Paragraph 4. Other Insurance is changed accordingly. - • CG7578(6-17) Includes copyrighted material of ISO Properties,Inc.with its permission.. Page 1 of 6 •.E. FIRE,LIGHTNING OR EXPLOSION DAMAGE a. Currently in effect or becomes effective Except where it is used in the term "hostile fire", the during the policy period;and word fire includes fire, lightning or explosion wherever b. Executed prior to an "occurrence" or it appears in the Coverage Form. offense to which, this insurance would Under Section I — Coverage A, the last paragraph apply. (after the exclusions)is replaced with the following: However, the insurance afforded to such Exclusions c. through n. do not apply to damage by additional insured: fire, smoke or leakage from automatic fire protection a. Only applies to the extent permitted by law; systems to premises while rented to you or and temporarily occupied by you with permission of the b. Will not be broader than that which you are owner. A separate limit of insurance applies to this required by the contract or agreement to coverage as described in Section III — Limits of provide for such additional insured;and Insurance. F. MEDICAL PAYMENTS c. Applies only if the person or organization is not specifically named as an additional If Section I — Coverage C. Medical Payments insured under any other provision of, or Coverage is not otherwise excluded from this endorsement added to, Section II — Who Coverage Form: Is An Insured of this policy. The requirement, in the Insuring Agreement of 2. As provided herein, the insurance coverage Coverage. C., that expenses must be incurred and provided to such additional insureds is limited reported to us within one year of the accident date is to: changed to three years. G. SUPPLEMENTARY PAYMENTS a. Any Controlling Interest, but only with respect to their liability arising out of their Supplementary Payments — Coverages A and B financial control of you; or premises they Paragraphs 1.b. and 1.d. are replaced by the own, maintain, or control while you lease or following: occupy these premises. 1.b.Up to $5,000 for cost of bail bonds required This insurance does not apply to structural because of accidents or traffic law violations alterations, new construction and arising out of the use of any vehicle to which the demolition operations performed by or for Bodily Injury Liability Coverage applies. We do that person or organization. not have to furnish these bonds. b. Any architect, engineer, or surveyor 1.d.All reasonable expenses incurred by the insured engaged by you but only with respect to at our request to assist us in the investigation or liability for "bodily injury", "property defense of the claim or "suit", including actual damage" or "personal and advertising loss of earnings up to $500 a day because of injury" caused, in whole or in part, by your time off from work. acts or omissions or the acts or omissions H. SUBSIDIARIES AS INSUREDS of those acting on your behalf: Section II—Who Is An Insured is amended to add (1) In connection with your premises; or the following: (2) In the performance of your ongoing _ • 1.f. Any legally incorporated subsidiary in which you operations. own more than 50% of the voting stock on the With respect to the insurance afforded to effective date of this policy. However, insured these additional insureds,the following does not include any subsidiary that is an insured additional exclusion applies: under any other general liability policy, or would This insurance does not apply to "bodily have been an insured under such a policy but for injury", "property damage" or"personal and termination of that policy or the exhaustion of that policy's limits of liability. advertising injury" arising out of the rendering of or the failure to render any .I: BLANKET ADDITIONAL INSUREDS — AS professional services by or for you, REQUIRED BY CONTRACT including: 1. Section II —Who Is An Insured is amended to (1) The preparing, approving, or failing to include as an additional insured any person(s) or prepare or approve, maps, shop organization(s)sutect to provisions in Paragraph drawings, opinions, reports, surveys, 2. below, (hereinafter referred to as additional field orders, change orders or drawings insured) when you and such person(s) or and specifications;or organization(s) have agreed in a written contract or written agreement that such person(s) or (2) Supervisory, inspection, architectural or organization(s) be added as an additional insured engineering activities. on your policy provided that the written contract or agreement is: CG7578(6-17) Includes copyrighted material of ISO Properties,Inc.with its permission. Page 2 of 6 This exclusion applies even if the claims This insurance does not apply to: against any insured allege negligence or (a) "Bodily injury", "property damage"or other wrongdoing in the supervision, hiring, "personal and advertising injury' employment, training or monitoring of arising out of operations performed others by that insured, if the "occurrence" for the federalov rune t state or which caused the "bodily injury" or g "property damage", or the offense which municipality; or sedcauthe "personal and advertising (b) "Bodily injury" or "property damage" injury", involved the rendering of or the included within the "products- failure to render any professional services completed operations hazard". by.or for you. e. Any vendor, but only with respect to "bodily c. Any manager or lessor of a premises injury" or "property damage" arising out of leased to you, but only with respect to "your products" which are distributed or sold liability arising out of the ownership, in the regular course of the vendor's maintenance or use of that part of a business. premises leased to you, subject to the With respect to the insurance afforded to following additional exclusions: these vendors, the following additional This insurance does not apply to: exclusions apply: (1) Any "occurrence" which takes place (1) The insurance afforded any vendor does after you cease to be a tenant in that not apply to: premises. (a) "Bodily injury" or "property damage" (2) Structural alterations, new construction for which any vendor is obligated to or demolition operations performed by pay damages by reason of the or on behalf of such additional insured. assumption of liability in a contract or d. Anystate orgovernmental agency or agreement. This exclusion does not 9 Y apply to liability for damages that any subdivision or political subdivision, subject to vendor would have in theabsence of the following: the contract or agreement; (1) This insurance applies only with respect (b) Any express warranty unauthorized to the following hazards for which any by you; state or governmental agency or subdivision or political subdivision has (c) Any physical or chemical change in issued a permit or authorization in the product made intentionally by connection with premises you own, rent any vendor; or control and to which this insurance (d) Repackaging, except when applies: unpacked solely for the purpose of (a) The existence, maintenance, repair, inspection, demonstration, testing, construction, erection or removal of or the substitution of parts under advertising signs, awnings, instructions from the manufacturer, canopies, cellar entrances, coal and then repackaged in the original holes, driveways, manholes, container; marquees, hoist away openings, (e) Any failure to make such sidewalk vaults, street banners or inspections, adjustments, tests or decorations and similar exposures; servicing as any vendor has or agreed to make or normally (b) The construction, erection or undertakes to make in the usual removal of elevators;or course of business, in connection with the distribution or sale of the. (c) The ownership, maintenance or use products; of any elevators covered by this insurance. (f) Demonstration, installation, (2) This insurance applies only with respect servicing or repair operations, performed byyou or on except such operations performed to operationsat any vendor's premises in your behalf for which any state or connection with the sale of the governmental agency or subdivision or product; political subdivision has issued a permit or authorization. (g) 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 any vendor; or CG7575(6-17) Includes copyrighted material of ISO Properties,Inc.with its permission. Page 3 of 6 (h) "Bodily injury" or "property A person's or organization's status as an damage" arising out of the sole additional insured under this endorsement negligence of any vendor for its ends when their contract or agreement with own acts or omissions or those of you for such leased equipment ends. its employees or anyone else With respect to the insurance afforded to acting on its behalf. However, this these additional insureds, this insurance exclusion does not apply to: does not apply to any "occurrence" which (i) The exceptions contained in takes place after the equipment lease Subparagraphs(d)or(f); or expires. (ii) Such inspections, adjustments, i. Any Owners, Lessees, or Contractors for tests or servicing as any whom you are performing operations, but vendor has agreed to make or only with respect to liability for "bodily normally undertakes to make in injury", "property damage" or"personal and the usual course of business, advertising injury" caused, in whole or in in connection with the part, by: distribution or sale of the (1) Your acts or omissions;or products. This insurance does not I to any (2) The acts or omissions of those acting (2) apply on your behalf; insured person or organization, from whom you have acquired such in the performance of your ongoing products, or any ingredient, part or operations for the additional insured. container, entering into, accompanying A person's or organization's status as an or containing such products. additional insured under this endorsement f. Any Mortgagee, Assignee Or Receiver, but ends when your operations for that only with respect to their liability as additional insured are completed. mortgagee, assignee, or receiver and With respect to the insurance afforded to arising out of the ownership, maintenance, these additional insureds, the following or use of the premises by you. additional exclusions apply: This insurance does not apply to structural This insurance does not apply to: alterations, new construction and demolition operations performed by or for (1) "Bodily injury", "property damage" or that person or organization. "personal and advertising injury"arising AnyOwners Or Other Interests From out of the rendering of, or the failure to g. render, any professional architectural, Whom Land Has Been Leased, but only engineering or surveying services, with respect to liability arising out of the including: ownership, maintenance or use of that part of the land leased to you. (a) The preparing, approving, or failing ct to the insurance afforded to to prepare or approve, maps, shop With respect drawings, opinions, reports, these additional insureds,the following surveys, field orders, change additional exclusions apply: orders or drawings and (1) This insurance does not apply to: specifications;or (a) Any "occurrence" which takes (b) Supervisory, inspection, place after you cease to lease that architectural or engineering land; or activities. (b) Structural alterations, new This exclusion applies even if the claims construction or demolition against any insured allege negligence or operations performed by •or on other wrongdoing in the supervision, hiring, behalf of such additional insured. employment, training or monitoring of h. Any person or organization from whom you others by that insured, if the "occurrence" lease equipment, but only with respect to which caused the "bodily injury" or liability for "bodily injury", "property property damage", or the offense which damage" or "personal and advertising caused the personal and advertising injury" caused, in whole or in part by your injury , involved the rendering of or the maintenance, operation or use of failure to render any professional equipment leased to you by such person(s) architectural, engineering or surveying or organization(s). services. (2) "Bodily injury" or "property damage" occurring after: .CG7578(6-17) Includes copyrighted material of ISO Properties,Inc.with its permission. Page 4 of 6 (a) All work, including materials, parts This endorsement shall not increase the or equipment furnished in applicable Limits of Insurance shown in the connection with such work, on the Declarations. project (other than service, J. COVERAGE FOR INJURY TO CO-EMPLOYEES maintenance or repairs) to be AND/OR YOUR OTHER VOLUNTEER WORKERS performed by or on behalf of the additional insured(s),at the location Section II—Who is an Insured,Paragraph 2a.(1)is of the covered operationshas been amended to add the following: completed;or e. Paragraphs(a),(b),and(c) do not apply to your - (b) That portion of "your work" out of "employees" or"volunteer workers" with respect which the injury or damage arises to "bodily injury' to a co-"employee" or other has been put to its intended use by "volunteer worker'. any person or organization other Damages owed to an injuredco-"employee" or than another contractor or 'Volunteer worker' will be reduced by any subcontractor engaged in amount paid or available to the injured co- performing operations for a "employee" or "volunteer worker' under any principal as a part of the same other valid and collectible insurance. project. K. HEALTH CARE SERVICE PROFESSIONALS AS j. Any Grantor of Licenses to you, but only INSUREDS-INCIDENTAL MALPRACTICE with respect to their liability as grantor of Section II —Who is an Insured, Paragraph 2.a. (1) licenses to you. (d)is amended as follows: Their status as additional insured under This provision does not apply to Nurses, Emergency this endorsement ends when: Medical Technicians, or Paramedics who provide 1. The license granted to you by such professional health care services on your behalf. person(s)or organization(s)expires; or However this exception does not apply if you are in 2. Your license is terminated or revoked the business or occupation of providing any such by such person(s) or organization(s) professional services. prior to expiration of the license as L. NEWLY. FORMED OR ACQUIRED stipulated by the contract or ORGANIZATIONS agreement. k. Any Grantor of Franchise, but only with Section II —Who Is An Insured, Paragraph 3.a. is respect totheir liability as grantor .of a replaced by the following: franchise to you. 3.a. Coverage under this provision is afforded until I. Any Co-owner of Insured Premises, but the end of the policy period. only with respect to their liability as co- This provision does not apply if newly formed or owner of any insured premises. acquired organizations coverage is excluded either by m. Any Concessionaires Trading Under Your the provisions of the Coverage Form or by endorsements. Name, but only with respect to their liability as a concessionaire trading, under your M. DAMAGE TO PREMISES RENTED TO YOU name. Section III — Limits of Insurance, Paragraph 6. is • 3. Any insurance provided to any additional replaced by the following: insured does not apply to "bodily injury", Subject to 5.a. above; the Damage To Premises "property damage" or"personal and advertising Rented To You Limit, or $500,000, whichever is injury" arising out of the sole negligence or higher, is the most we will pay under Coverage A for willful misconduct of the additional insured or its damages because of "property damage" to any one agents, "employees" or any other premises, while rented to you, or in the case of representative of the additional insured. damage by fire, smoke or leakage from automatic 4. With respect to the insurance afforded to these protection systems, while rented to you or temporarily additional insureds, the following is added to occupied by you with permission of the owner. Section III Limits of Insurance: N. MEDICAL PAYMENTS—INCREASED LIMITS If coverage provided to any additional insured Section III — Limits of Insurance, Paragraph 7. is is required by a contract or agreement, the replaced by the following: most we will pay on behalf of the additional 7. Subject to Paragraph 5. above, $10,000 is the insured is the amount of insurance: Medical Expense Limit we will pay under a. Required by the contract or agreement; or Coverage C for all medical expenses because of b. Available under the applicable Limits of "bodily injury' sustained by any one person, Insurance shown in the Declarations; unless the amount shown on the Declarations of whichever is less. this Coverage Part for Medical Expense Limit states: CG7578(6-17) Includes copyrighted material of ISO Properties,Inc.with its permission. Page 5 of 6 (a) No Coverage; or (2) You have agreed in writing in a contract or (b) $1,000;.or agreement that this insurance would be primary and would not seek contribution from any other (c) $5,000;or insurance available to the additional insured. (d) A limit higher than$10,000. However, if the additional insured has been O. DUTIES IN THE EVENT OF OCCURRENCE, added as an additional insured on other OFFENSE,CLAIM OR SUIT policies, whether primary, excess, contingent or on any other basis, this insurance is excess Section IV — Commercial General Liability over any other insurance regardless of the Conditions Paragraph 2. is amended to add the written agreement between you and an following: additional insured. e. The requirement in Condition 2.a.that you must Q. UNINTENTIONAL FAILURE TO DISCLOSE see to it that, we are notified as soon. as EXPOSURES practicable of an "occurrence" or an offense Section IV — Commercial General Liability which may result in a claim, applies only when Conditions Paragraph 6. Representations is the"occurrence" or offense is known to: amended to add the following: (1) You, if you are an individual or a limited If you unintentionally fail to disclose any exposures liability company; existing at the inception date of your policy,we will not (2) A partner, if you are a partnership; deny coverage under the Coverage Form solely (3) A member or manager, if you are a limited because of such failure to disclose. However, this liability company; provision does not affect our right to collect additional premium or exercise our right of cancellation or non- (4) An "executive officer" or insurance renewal. manager, if you are a corporation;or This provision does not apply to any known injury (5) A trustee, if you are a trust. or damage which is excluded under any other f. The requirement in Condition 2.b. that you provision of this policy. must see to it that we receive notice of a claim. R. WAIVER OF TRANSFER OF RIGHTS OF or "suit' as soon as practicable will not be RECOVERY AGAINST OTHERS TO US considered breached unless the breach occurs after such claim or"suit" is known to: Section IV — Commercial General Liability (1) You, if you are an individual or a limited Condition Paragraph 8. Transfer Of Rights Of liability company; Recovery Against Others To Us is amended to add the following: (2) A partner, if you are a partnership; We waive any right of recovery we may have (3) A member or manager, if you are a limited against any person or organization against whom liability company; you have agreed to waive such right of recovery in (4) An "executive officer" or insurance a written contract or agreement because of manager, if you are a corporation; or payments we make for injury or damage arising out (5) A trustee, if you are a trust., of your ongoing operations or "your work" done P. PRIMARY AND NONCONTRIBUTORY — under a contract with that person or organization ADDITIONAL INSURED EXTENSION and included in the"products completed operations hazard". Section IV — Commercial General Liability S. MENTAL ANGUISH Conditions Paragraph 4. Other Insurance is - ' amended to add thefollowing: Section V—Definition 3.is replaced by the following: This insurance is primary to and will not seek "Bodily' injury" means bodily injury, sickness or contribution from any other insurance available to disease 'sustained by a person, including mental an additional insured under your policy provided anguish or death resulting from bodily injury, that: sickness or disease. (1) The additional insured is a Named Insured T. LIBERALIZATION under suchotherinsurance;and If we revise this endorsement to provide greater coverage without additional premium charge, we will automatically provide the additional coverage to • all endorsement holders as of the day the revision is effective in your state. CG7578(6-17) Includes copyrighted material of ISO Properties,Inc.with its permission. Page 6 of 6 Policy Number: 5X9-24-1821 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL AUTO ELITE EXTENSION This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM The BUSINESS AUTO COVERAGE FORM is amended to include the following clarifications and extensions of coverage.With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. A. TEMPORARY SUBSTITUTE AUTO PHYSICAL C. EMPLOYEES AS INSUREDS DAMAGE The following is added to.the Section II—Covered Section I —Covered Autos Paragraph C. Certain Autos Liability Coverage,Paragraph A.1.Who Is Trailers, Mobile Equipment, and Temporary An Insured provision: Substitute Autos is amended by adding the Any"employee"of yours is an"insured"while using following: a covered "auto" you don't own, hire or borrow. in If Physical Damage Coverage is provided by this your business or your personal affairs. coverage form for an "auto"you own, the Physical D. EMPLOYEE HIRED AUTOS Damage Coverages provided for that owned 1. Chan In Covered Autos Liability are extended to any "auto" es.you do not own 9 while used with the permission of its owner as a Coverage temporary substitute for the covered "auto" you. The following is added to the Who Is An own that is out of service because of breakdown, Insured provision: repair, servicing, "loss"or destruction. An "employee" of yours is an "insured" while The coverage provided is the same as the operating an "auto" hired or rented under a coverage provided for the vehicle being replaced. contract or agreement in. an "employee's" B. AUTOMATIC ADDITIONAL INSUREDS name, with your permission, while performing duties related to the conduct of your business. The Who Is An Insured provision under Covered Z Changes In General Conditions Autos Liability Coverage is changed to include the following as an"insured": Paragraph 5.b. of the Other Insurance Condition in the Business Auto Coverage Form 1. Where Required by a Contract or Agreement is replaced by the following: the following is added: contained in the For Hired Auto Physical Damage Coverage,the The Who Is An Insured provisionfollowing are deemed to be covered "autos" Business Auto Coverage Form is amended to add the following: you own: Any person or organization whom you become a. Any covered "auto"you lease, hire, rent or obligated to include as an additional insured under borrow;and this policy, as a result of any contract or agreement b. Any covered "auto" hired or rented by your you enter into which requires you to. furnish "employee" under a contract in an insurance.to that person or organization of the type "employee's" name, with your permission, provided by this policy, but only with respect to while performing duties related to the liability covered by the terms of this policy, arising conduct of your business. out of the use of a covered "auto" you own, hire or However, any "auto"that is leased, hired, rented or borrow and resulting from the acts or omissions by borrowed with a driver is not a covered"auto". you, any of your "employees" or agents. The E. NEWLY FORMED OR ACQUIRED insurance provided herein will not exceed: ORGANIZATIONS (1) The coverage and/or limits of this policy, or Section II — Covered Autos Liability Coverage, (2) The coverage and/or limits required by said A.1.Who Is An Insured is amended by adding the contract or agreement, following: whichever is less. CA7450(11-17) Includes copyrighted material of ISO Properties,Inc.with its permission. Page 1 of 5 Any organization which,you acquire or form after I. TOWING • the effective date of his policy in which you Section III — Physical Damage Coverage, A.2. maintain ownership or majority interest. However: Towing is replaced with the following: (1) Coverage under this provision is afforded only We will pay for towing and labor costs incurred, up to 180 days after you acquire or form the subject to the following: organization, or to the end of the policy period, whichever is earlier. a. Up to $1 00 each time a covered "auto" of the (2) Any organization you acquire or form will.not be private passenger type is disabled;or considered an"insured" if: b. Up to $500 each time a covered "auto" other (a).The organization is a partnership or a joint than the private passenger type is disabled. venture; or However, the labor must be performed at the place (b) That organization is covered under other of disablement. similar.insurance. J LOCKSMITH SERVICES (3) Coverage under this provision does not apply Section III Physical Damage Coverage, A.4. to any claim for "bodily injury" or "property Coverage Extensions is amended by adding the damage" resulting from an "accident" that following: occurred before you formed or acquired the We will pay up to $250 per occurrencefor organization. necessary locksmith services for keys locked inside F. SUBSIDIARIES AS INSUREDS a covered private passenger "auto". The Section II — Covered Autos Liability Coverage, deductibleis waived for these services. A.1.Who Is An Insured is amended by adding the K. TRANSPORTATION EXPENSES following: Section III — Physical Damage Coverage, A.4. Any legally incorporated subsidiary in which you Coverage Extensions Subparagraph a. _ • own more than 50% of the voting stock on the Transportation Expenses is replaced by the effective date of this policy. However, "insured" following: does not include any subsidiary that is an "insured" (1) We will pay up to$75 per day to a maximum of under any other automobile liability policy or was an $2,500 for temporary transportation expense "insured" under such a policy but for termination of incurred by you because of the total theft of a that policy or the exhaustion of the policy's limits of covered "auto" of theprivate passenger type. liability. We will pay only for those covered "autos" for G. SUPPLEMENTARY PAYMENTS which you carry either Comprehensive or Specified Cause Of Loss Coverage. We will Section II — Covered Autos Liability Coverage, pay for temporary transportation expenses A.2.a. Coverage Extensions, Supplementary incurred during the period beginning 48 hours Payments (2) and (4) are replaced by the after the theft and ending, regardless of the following: policy's_expirations, when the covered "auto" is (2) Up to $5,000 for cost of bail bonds (including returned to use or we pay for its"loss". bonds for related traffic law violations) required (2) If the temporary transportation expenses you because of an "accident" we cover. We do not incur arise from your rental of an "auto" of the have to furnish these bonds. private passenger type, the most we will pay is - (4) All reasonable expenses incurred by the the amount it costs to rent an "auto" of the "insured" at our request, including actual loss of private passenger type which is of the same earningsup to $500 a day because of time off like kind and quality asthe stolen covered from work. "auto". H. FELLOW EMPLOYEE COVERAGE L. AUDIO, VISUAL, AND DATA ELECTRONIC In those jurisdictions where, by law, fellow EQUIPMENT COVERAGE ADDED LIMITS employees, are not entitled to the protection Audio, Visual, And Data Electronic Equipment afforded to the employer by workers compensation Coverage Added Limits of$5,000 Per"Loss" are in - exclusivity rule, or similar protection. The following addition to the sublimit in Paragraph C.1.b. of the provision is added: Limits Of Insurance provision under Section III — Subparagraph 5. of Paragraph B. Exclusions in Physical Damage Coverage. Section II — Covered Autos Liability Coverage M. HIRED AUTO PHYSICAL DAMAGE does not apply if the "bodily injury" results from the Section III — Physical Damage Coverage, A.4. use of a covered"auto"you own or hire. Coverage Extensions is amended by adding the following: CA7450(11-17) Includes copyrighted material of ISO Properties,Inc.with its permission. Page 2 of 5 If hired "autos" are covered "autos" for Liability O. PERSONAL PROPERTY OF OTHERS Coverage, and if Comprehensive, Specified Section III — Physical Damage Coverage, A.4. Causes of-Loss, or Collision coverage is provided Coverage Extensions is amended by adding the . . for any "auto"you own, then the Physical Damage following: coverages provided are extended to "autos" you We will pay up to$500 for loss to personal property hire, subject to the following limit and deductible: of others in or on your covered"auto." (1) The most we will pay for loss to any hired This coverage applies only in the event of"loss" to "auto" is the lesser of Actual Cash Value or your covered "auto" caused by fire, lightning, Cost of Repair, minus the deductible. explosion, theft, mischief or vandalism, the covered (2) The deductible will be equal to the largest "auto's" collisionwith another object, or the covered deductible applicable to any owned "auto" for "auto's"overturn. • that,coverage. No deductible applies to "loss" No deductibles apply to this coverage. caused by fire or lightning. (3) Subject to the above limit and deductible P. PERSONAL EFFECTS COVERAGE provisions, we will provide coverage equal to Section Ill — Physical Damage Coverage, A.4., the broadest coverage applicable to any Coverage Extensions is amended by adding the covered"auto"you own. following: We will pay up to $1,000, in addition to the limit We will pay up to $500 for "loss" to your personal above, for loss of use of a hired auto to a effects not otherwise covered in the policy or, if you leasing or rental concern for a monetary loss are an individual, the personal effects of a family sustained, provided it results from an"accident" member, that is in the covered auto at the time of the for which you are legally liable: "loss". For the purposes of this extension personal effects However, any"auto"that is leased, hired, rented or means tangible property that is worn or carried by an borrowed with a driver is not a covered"auto". insured including portable audio, visual, or electronic N. AUTO LOAN OR LEASE COVERAGE devices. Personal effects does not include tools, Section III — Physical Damage Coverage jewelry, guns, money and securities, or musical Paragraph A.4. Coverage Extensions is amended instruments by the addition of the following:. Q. EXTRA EXPENSE FOR-STOLEN AUTO In the event of a total "loss" to a covered "auto" Section III — Physical Damage Coverage, A.4. which is covered under this policy for Coverage Extensions is amended by adding the Comprehensive; Specified Cause of Loss, or following: Collision coverage, we will pay any unpaid amount We will pay up to $1,000 for the expense incurred due, including up to a maximum of $500 for early returning a stolen covered "auto" to you because of termination fees or penalties, on the lease or loan the total theft of such covered "auto". Coverage for a covered"auto", less: applies only to those covered "autos" for which you 1. The amount paid under the Physical Damage carry Comprehensive or Specified Causes Of Loss Coverage Section of the policy; and Coverage. 2. Any: R. RENTAL REIMBURSEMENT a. Overdue lease/loan payments at the time Section III — Physical Damage Coverage, A.4. of the"loss"; Coverage Extensions is amended by adding the following: b. Financial penalties imposed under a lease for excessive use, abnormal wear and tear 1. This coverage applies only to a covered"auto"for or high mileage; which Physical Damage Coverage is provided on this policy. c. Security deposits not returned by the lessor; 2. We will pay for rental reimbursement expenses incurred by you for the rental of an "auto" d.. Costs for extended warranties, Credit Life because of "loss" to a covered "auto". Payment Insurance, Health, Accident or Disability applies in addition to the otherwise applicable Insurance purchased with the loan or lease; amount of each coverage you have on a covered and "auto". No deductibles apply to this coverage. e. Carry-over balances from previous loans or 3. We will pay only for those expenses incurred leases. during the policy period beginning 24 hours Coverage does not apply to any unpaid amount after the "loss" and ending, regardless of the due on a loan for which the covered"auto"is not policy's expiration, with the lesser of the the sole collateral. following number of days. CA7450(11-17) Includes copyrighted material of ISO Properties,Inc.with its permission. Page 3 of 5 • a. The number of days reasonably required to For the purposes of this coverage extension a new repair or replace the covered "auto". If covered auto is defined as an"auto"of which you are "loss" is caused by theft, this number of the original owner that has not been previously titled days is added to the number of days it which you purchased less than 180 days prior to the takes to locate the covered "auto" and date of loss. return it to you; or U. LOSS TO TWO OR MORE COVERED AUTOS b. 30 days. FROM ONE ACCIDENT 4. Our payment is limited to the lesser of the Section III — Physical Damage Coverage, D. following amounts: Deductible is amended by adding the following: a. Necessary and actual expenses incurred; If a Comprehensive, Specified Causes of Loss or or Collision Coverage"loss"from one"accident" involves b. $75 per day, subject to a$2,250 limit. two or more covered "autos", only the highest deductible applicable to those coverages will be 5. This coverage does not apply while there are applied to the"accident". spare or reserve "autos" available to you for If the application of the highest deductible is less your operations. favorable or more restrictive to the insured than the 6. If"loss" results from the total theft of a covered separate deductibles as applied in the standard form, "auto" of the private passenger type, we will the standard deductibles will apply. pay under this coverage only that amount of This provision only applies if you carry your rental reimbursement expenses which is Comprehensive, Collision or Specified Causes of not already provided for under the Physical Loss Coverage for those vehicles, and does not Damage —.Transportation Expense Coverage extend coverage to any covered"autos"for which you Extension included in this endorsement do not carry such coverage. 7. Coverage provided by this extension is excess V. WAIVER OF DEDUCTIBLE—GLASS REPAIR OR over any other collectible insurance and/or REPLACEMENT endorsement to this policy. Section III — Physical Damage Coverage, D. S. AIRBAG COVERAGE. Deductible is amended by adding the following: Section III — Physical Damage Coverage, B.3.a. If a Comprehensive Coverage deductible is shown in Exclusions is amended by adding the following: the Declarations it does not apply to the cost of If you have purchased Comprehensive or Collision repairing or replacing damaged.glass. Coverageunder this policy, the exclusion relating to W. DUTIES IN THE EVENT OF ACCIDENT, CLAIM, mechanical breakdown does not apply to the SUIT,OR LOSS accidental discharge of an airbag. Section IV — Business Auto Conditions, A.2. T. NEW VEHICLE REPLACEMENT COST Duties In The Event Of Accident, Claim, Suit Or The following is added to Paragraph C. Limit Of Loss is amended by adding the following: Insurance of Section III — Physical Damage Your obligation to notify us promptly of an"accident', Coverage claim, "suit" or "loss" is satisfied if you send us the In the event of a total"loss" to your new covered auto required notice as soon as practicable after your of. the private passenger type or vehicle having a Insurance Administrator or anyone else designated by gross vehicle weight of 20,000 pounds or less, to you to be responsible for insurance matters is notified, which this coverage applies, we will pay at your or in any manner made aware, of an"accident', claim, option: "suit"or"loss". a. The verifiable new vehicle purchase price you X. WAIVER OF TRANSFER OF RIGHTS OF paid for your damaged vehicle, not including any RECOVERY insurance or warranties. Subparagraph 5. of Paragraph A. Loss Conditions b. The purchase price, as negotiated by us, of a of Section IV — Business Auto Conditions is new vehicle of the same make, model, and deleted in its entirety and replaced with the following. equipment, or most similar model available, not Transfer Of Rights Of Recovery Against Others including any furnishings, parts, or equipment not To Us installed by the manufacturer or their dealership. If any person or organization to or for whom we c. The market value of your damaged vehicle, not make payment under this Coverage Form has including any furnishings, parts, or equipment not rights to recover damages from another, those installed by the manufacturer or their dealership. rights are transferred to us. That person or We will not pay for initiation or set up costs associated organization must do everything necessary to secure our rights and must do nothing after with a loans or leases. "accident"or"loss"to impair them. CA7450(11-17) Includes copyrighted material of ISO Properties,Inc.with its permission. Page 4 of 5 However, we waive any right of recovery we may Z. MENTAL ANGUISH have against any person, or organization with Section V — Definitions, C. is replaced by the whom you have a written contract, agreement or following: permit executed prior to the "loss" that requires a "Bodily injury" means bodily injury, sickness or waiver of recovery for payments made for damages disease sustained by a person, including mental arising out of your operations done under contract anguish or death resulting from bodily injury, sickness with such person or organization. or disease. Y. UNINTENTIONAL FAILURE TO DISCLOSE AA. LIBERALIZATION EXPOSURES If we revise this endorsement to provide greater Section IV — Business Auto Conditions, B.2. coverage without additional premium charge, we will Concealment, Misrepresentation, Or Fraud is automatically provide the additional coverage to all amended by adding the following: endorsement holders as of the day the revision is If you unintentionally fail to disclose any exposures effective in your state. existing at the inception date of this policy, we will not deny coverage under this Coverage Form solely because of such failure to disclose. However, this provision does not affect our right to collect additional premium or exercise our right of cancellation or non- renewal. • CA7450(11-17) Includes copyrighted material of ISO Properties,Inc.with its permission. Page 5 of 5 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 03 13 C (Ed. 7-09) 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 will 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 $ 500 Schedule - Any person or organization that you perform work for that is liable for an injury, covered by this policy,that prior to the injury has written contract requiring a waiver of our right to recover from them. Person or Organization Job Description This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) • • Endorsement Effective 10/02/2020 Policy No. WCV550458200 Endorsement No. Insured Retail Marketing Services, Inc. Insurance Company CompWest Insurance Co. Countersigned by P4 44.82.4. WC990313C (Ed. 7-09) REALMAR-02 ACASTILLO AC-OR®' DATE(MM/DDIYYYY) CERTIFICATE OF LIABILITY INSURANCE 09/10/2018 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 is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. 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). PRODUCER License#0C36861 CONTACT Amanda Castillo Inland Empire-Alliant Insurance Services,Inc. PHONE g09 886-9861 FAX 909 886-2013 735 Carnegie Dr Ste 200 (NC,No,Ext):(909) (A/C,No):(909) San Bernardino,CA 92408 E-MAIL ADDRESS:amanda.castillo@alliant.com INSURERS)AFFORDING COVERAGE NAIC# INSURERA:EMC Insurance Companies 00000 INSURED INSURER B:National Union Fire Insurance Company of Pittsburgh,Pa.19445 Retail Marketing Services,Inc. DBA: Galifernie Shopping•OarttRetrievaLQo. INSURER C:Preferred Employers Insurance Company 10900 DBA: California Coupon Redemption Center INSURER D: 1020 N Lake St Burbank,CA 91502 INSURER E: INSURER F: ' COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR OF INSURANCE ' ADDL SUER POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSD.WVD (MM/DD/YYYY) (MM/DD/YYYY) A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE 1,000,000 CLAIMS-MADE X OCCUR5X9-24-18-19 08/25/2018 08/25/2019 DAMVJ_11SAGE TO RE500,000 X 3_REES(EaoccurrNTEDence) $ MED EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 X POLICY jE LOC PRODUCTS-COMP/OP AGG _ 2,000,000 OTHER: $ COMBINED SINGLE LIMIT 1,000,000 A AUTOMOBILE LIABILITY (Ea accident) $ X ANY AUTO 5X9-24-18-19 08/25/2018 08/25/2019 BODILY INJURY(Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY(Per accident)_ $ HIRED ONLY NTOON-O ONEDD PROPERTY DAMAGE (PerAaccident) _ $ $ B UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 4,000,000 X EXCESS LIAB CLAIMS-MADE EBU016839099 08/25/2018 08/25/2019 AGGREGATE $ 4,000,000 DED RETENTION$ $ C WORKERS COMPENSATION X STATUTE -_W- AND EMPLOYERS'LIABILITY Y1/N WKN 122999-16 08/25/2018 08/25/2019 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE s, N/A E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Named Insured: Retail Marketing Services,Inc. DBA:California Shopping Cart Retrieval Co DBA:Cartrac DBA:Cartfix DBA:Coupon Redemption Center Job:Operations pertaining to named insured for certholder. Certholder is additional insured as respects to general liability per endorsement attached. CERTIFICATE HOLDER CANCELLATION • SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE of Rosemead THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City ACCORDANCE WITH THE POLICY PROVISIONS. Attn:Bill Crow 8838 East Valley Blvd Rosemead,CA 91770 AUTHORIZED REPRESENTATIVE • ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Policy#5X9-24-18-19 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. GENERAL LIABILITY ELITE EXTENSION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM The COMMERCIAL GENERAL LIABILITY COVERAGE FORM is amended to include the following clarifications and extensions of coverage. The provisions of the Coverage Form apply unless modified by endorsement. A. EXPECTED OR INTENDED INJURY The aggregate limit listed above is the most we will Section I — Coverage A, Exclusion a. is amended pay for all damages because of "property damage" as follows: to property in the care custody and control of or property loaned to an insured during the policy a. "Bodily injury" or "property damage" expected period. or intended from the standpoint of an insured. This exclusion does not apply to "bodily injury Any payment we make for damages because of or "property damage" resulting from the use of "property damage" to property in the care, custody reasonable force to protect persons or property. and control of or property loaned to an insured will B. NON-OWNED WATERCRAFT apply against the General Aggregate Limit shown in the declarations. Section I — Coverage A, Exclusion g.(2) is b. Our obligation to pay damages on your behalf amended as follows: applies only to the amount of damages in (2) A watercraft you do not own that is: excess of the deductible amount listed above. (a) Less than 60 feet long; and We may pay any part or all of the deductible amount listed above. We may pay any part or (b) Not being used to carry person(s) or all of the deductible amount to effect settlement property for a charge; of any claim or "suit" and upon notification by C. EXTENDED PROPERTY DAMAGE COVERAGE us, you will promptly reimburse us for that part Section I —Coverage A, Exclusions j.(3) and (4) is of the deductible we paid. amended to add the following: c. If two or more coverages apply under one , Paragraphs (3) and (4) of this exclusion do not occurrence , only the highest per claim apply to tools or equipment loaned to you, provided deductible applicable to these coverages will they are not being used to perform operations at apply. the time of loss. d. Insurance provided by this provision is excess over any other insurance, whether primary, SCHEDULE excess, contingent or any other basis. Since Limits Of Insurance Deductible insurance provided by this endorsement is excess, we will have no duty to defend any $5,000 Each Occurrence $250 Per Claim claim or "suit" to which insurance provided by $10,000 Annual Aggregate this endorsement applies if any other insurer has a duty to defend such a claim or"suit". If a. The each occurrence limit listed above is the no other insurer defends, we will undertake to most we will pay for all damages because of do so, but we will be entitled to the insured's "property damage" to property in the care, rights against all those other insurers. custody and control of or property loaned to an D. PROPERTY DAMAGE—ELEVATORS insured as the result of any one "occurrence", regardless of the number of: Section I—Coverage A.2. Exclusions paragraphs (1) insureds; j.(3), j.(4), j.(6) and k. do not apply to use of elevators. This insurance afforded by this provision (2) claims made or"suits"brought; is excess over any valid and collectible property (3) persons or organizations making claims or insurance (including any deductible) available to bringing "suits". the insured and Section IV—Commercial General Liability Conditions Paragraph 4. Other Insurance is changed accordingly. CG7578(6-17) Includes copyrighted material of ISO Properties,Inc.with its permission. Page 1 of 6 • E. FIRE,LIGHTNING OR EXPLOSION DAMAGE a. Currently in effect or becomes effective Except where it is used in the term "hostile fire", the during the policy period; and word fire includes fire, lightning or explosion wherever b. Executed prior to an "occurrence" or it appears in the Coverage Form. offense to which this insurance would Under Section I — Coverage A, the last paragraph apply. (after the exclusions)is replaced with the following: However, the insurance afforded to such Exclusions c. through n. do not apply to damage by additional insured: fire, smoke or leakage from automatic fire protection a. Only applies to the extent permitted by law; systems to premises while rented to you or and temporarily occupied by you with permission of the b. Will not be broader than that which you are owner. A separate limit of insurance applies to this required by the contract or agreement to coverage as described in Section III — Limits of provide for such additional insured; and Insurance. F. MEDICAL PAYMENTS c. Applies only if the person or organization is not specifically named as an additional If Section I — Coverage C. Medical Payments insured under any other provision of, or Coverage is not otherwise excluded from this endorsement added to, Section II — Who Coverage Form: Is An Insured of this policy. The requirement, in the Insuring Agreement of 2. As provided herein, the insurance coverage Coverage C., that expenses must be incurred and provided to such additional insureds is limited reported to us within one year of the accident date is to: changed to three years. G. SUPPLEMENTARY PAYMENTS a. Any Controlling Interest, but only with respect to their liability arising out of their Supplementary Payments — Coverages A and B financial control of you; or premises they Paragraphs 1.b. and 1.d. are replaced by the own, maintain, or control while you lease or following: occupy these premises. 1.b.Up to $5,000 for cost of bail bonds required This insurance does not apply to structural because of accidents or traffic law violations alterations, new construction and arising out of the use of any vehicle to which the demolition operations performed by or for Bodily Injury Liability Coverage applies. We do that person or organization. not have to furnish these bonds. b. Any architect, engineer, or surveyor 1.d.All reasonable expenses incurred by the insured engaged by you but only with respect to at our request to assist us in the investigation or liability for "bodily injury", "property defense of the claim or "suit", including actual damage" or "personal and advertising loss of earnings up to $500 a day because of injury" caused, in whole or in part, by your time off from work. acts or omissions or the acts or omissions H. SUBSIDIARIES AS INSUREDS of those acting on your behalf: Section II —Who Is An Insured is amended to add (1) In connection with your premises; or the following: (2) In the performance of your ongoing 1.f. Any legally incorporated subsidiary in which you operations. own more than 50% of the voting stock on the With respect to the insurance afforded to effective date of this policy. However, insured these additional insureds, the following does not include any subsidiary that is an insured additional exclusion applies: under any other general liability policy, or would This insurance does not apply to "bodily have been an insured under such a policy but for injury", "property damage" or"personal and termination of that policy or the exhaustion of that advertising injury" arising out of the policy's limits of liability. rendering of or the failure to render any I. BLANKET ADDITIONAL INSUREDS — AS professional services by or for you, REQUIRED BY CONTRACT including: 1. Section II — Who Is An Insured is amended to (1) The preparing, approving, or failing to include as an additional insured any person(s) or prepare or approve, maps, shop organization(s)subject to provisions in Paragraph drawings, opinions, reports, surveys, 2. below, (hereinafter referred to as additional field orders, change orders or drawings insured) when you and such person(s) or and specifications; or organization(s) have agreed in a written contract or written agreement that such person(s) or (2) Supervisory, inspection, architectural or organization(s) be added as an additional insured engineering activities. on your policy provided that the written contract or agreement is: CG7578(6-17) Includes copyrighted material of ISO Properties,Inc.with its permission. Page 2 of 6 This exclusion applies even if the claims This insurance does not apply to: against any insured allege negligence or (a) "Bodily injury", "property damage" or other wrongdoing in the supervision, hiring, "personal and advertising injury" employment, training or monitoring of arising out of operations performed others by that insured, if the "occurrence" for the federal government, state or which caused the "bodily injury" or municipality; or "property damage", or the offense which caused the "personal and advertising (b) "Bodily injury" or "property damage" injury", involved the rendering of or the included within the "products- failure to render any professional services completed operations hazard". by.or for you. e. Any vendor, but only with respect to "bodily c. Any manager or lessor of a premises injury" or "property damage" arising out of leased to you, but only with respect to "your products" which are distributed or sold liability arising out of the ownership, in the regular course of the vendor's maintenance or use of that part of a business. premises leased to you, subject to the With respect to the insurance afforded to following additional exclusions: these vendors, the following additional This insurance does not apply to: exclusions apply: (1) Any "occurrence" which takes place (1) The insurance afforded any vendor does after you cease to be a tenant in that not apply to: premises. (a) "Bodily injury" or "property damage" (2) Structural alterations, new construction for which any vendor is obligated to or demolition operations performed by pay damages by reason of the or on behalf of such additional insured. assumption of liability in a contract or agreement. This exclusion does not d. Any state or governmental agency or apply to liability for damages that any subdivision or political subdivision, subject to vendor would have in the absence of the following: the contract or agreement; (1) This insurance applies only with respect (b) Any express warranty unauthorized to the following hazards for which any by you; state or governmental agency or subdivision or political subdivision has (c) Any physical or chemical change in issued a permit or authorization in the product made intentionally by connection with premises you own, rent any vendor; or control and to which this insurance (d) Repackaging, except when applies: unpacked solely for the purpose of (a) The existence, maintenance, repair, inspection, demonstration, testing, construction, erection or removal of or the substitution of parts under advertising signs, awnings, instructions from the manufacturer, canopies, cellar entrances, coal and then repackaged in the original holes, driveways, manholes, container; marquees, hoist away openings, (e) Any failure to make such sidewalk vaults, street banners or inspections, adjustments, tests or decorations and similar exposures; servicing as any vendor has or agreed to make or normally (b) The construction, erection or undertakes to make in the usual removal of elevators; or course of business, in connection with the distribution or sale of the (c) The ownership, maintenance or use products; of any elevators covered by this insurance. (f) Demonstration, installation, servicing or repair operations, (2) This insurance applies only with respect except such operations performed to operations performed by you or on at any vendor's premises in your behalf for which any state or connection with the sale of the governmental agency or subdivision or product; political subdivision has issued a permit or authorization. (g) 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 any vendor; or CG7578(6-17) Includes copyrighted material of ISO Properties,Inc.with its permission. Page 3 of 6 (h) "Bodily injury" or "property A person's or organization's status as an damage" arising out of the sole additional insured under this endorsement negligence of any vendor for its ends when their contract or agreement with own acts or omissions or those of you for such leased equipment ends. its employees or anyone else With respect to the insurance afforded to acting on its behalf. However, this these additional insureds, this insurance exclusion does not apply to: does not apply to any "occurrence" which (i) The exceptions contained in takes place after the equipment lease Subparagraphs (d) or(f); or expires. (ii) Such inspections, adjustments, i. Any Owners, Lessees, or Contractors for tests or servicing as any whom you are performing operations, but vendor has agreed to make or only with respect to liability for "bodily normally undertakes to make in injury", "property damage" or"personal and the usual course of business, advertising injury" caused, in whole or in in connection with the part, by: distribution or sale of the (1) Your acth or omissions; or products. (2) This insurance does not apply.to any (2) The acts or omissions of those acting on your behalf; insured person or organization, from whom you have acquired such in the performance of your ongoing products, or any ingredient, part or operations for the additional insured. container, entering into, accompanying A person's or organization's status as an or containing such products. additional insured under this endorsement f. Any Mortgagee, Assignee Or Receiver, but ends when your operations for that only with respect to their liability as additional insured are completed. mortgagee, assignee, or receiver and With respect to the insurance afforded to arising out of the ownership, maintenance, these additional insureds, the following or use of the premises by you. additional exclusions apply: This insurance does not apply to structural This insurance does not apply to: alterations, new construction and demolition operations performed by or for (1) "Bodily injury", "property damage" or that person or organization. "personal and advertising injury"arising g. Any Owners Or Other Interests From out of the rendering of, or the failure to render, any professional architectural, Whom Land Has Been Leased, but only engineering or surveying services, with respect to liability arising out of the ownership, maintenance or use of that part including: of the land leased to you. (a) The preparing, approving, or failing With respect to the insurance afforded to to prepare or approve, maps, shop these additional insureds,the following sss surveys,awi , opinions, reports, field orders, .change additional exclusions apply: orders ' or drawings and (1) This insurance does not apply to: specifications; or (a) Any "occurrence" which takes (b) Supervisory, inspection, place after you cease to lease that architectural or engineering land; or activities. (b) Structural alterations, new This exclusion applies even if the claims construction or demolition against any insured allege negligence or operations performed by or on other wrongdoing in the supervision, hiring, behalf of such additional insured. employment, training or monitoring of others by that insured, if the "occurrence" h. Any person or tion f rom om you which caused the "bodily injury" orese equipment, but only with respect to "property damage", or the offense which liability for "bodily injury", "property caused the "personal and advertising damage" or "personal and advertising „ injury" caused, in whole or in part by your injury", involved the rendering of or the maintenance, operation or use of failure to render any professional equipment leased to you by such person(s) architectural, engineering or surveying or organization(s). services. (2) "Bodily injury" or "property damage" occurring after: CG7578(6-17) Includes copyrighted material of ISO Properties,Inc.with its permission. Page 4 of 6 (a) All work, including materials, parts This endorsement shall not increase the . . • or equipment furnished in applicable Limits of Insurance shown in the connection with such work, on the Declarations. project (other than service, J. COVERAGE FOR INJURY TO CO-EMPLOYEES maintenance or repairs) to be AND/OR YOUR OTHER VOLUNTEER WORKERS performed by or on behalf of the additional insured(s) at the location Section II—Who is an Insured, Paragraph 2.a. (1) is of the covered operations has been amended to add the following: completed; or e. Paragraphs (a), (b), and (c) do not apply to your (b) That portion of "your work" out of "employees" or"volunteer workers" with respect which the injury or damage arises to "bodily injury" to a co-"employee" or other has been put to its intended use by "volunteer worker". any person or organization other Damages owed to an injured co-"employee" or than another contractor or "volunteer worker" will be reduced by any subcontractor engaged in amount paid or available to the injured co- performing operations for a "employee" or "volunteer worker" under any principal as a part of the same other valid and collectible insurance. project. K. HEALTH CARE SERVICE PROFESSIONALS AS j. Any Grantor of Licenses to you, but only INSUREDS-INCIDENTAL MALPRACTICE with respect to their liability as grantor of Section II —Who is an Insured, Paragraph 2.a. (1) licenses to you. (d)is amended as follows: Their status as additional insured under This provision does not apply to Nurses, Emergency this endorsement ends when: Medical Technicians, or Paramedics who provide 1. The license granted to you by such professional health care services on your behalf. person(s)or organization(s)expires; or However this exception does not apply if you are in 2. Your license is terminated or revoked the business or occupation of providing any such by such person(s) or organization(s) professional services. prior to expiration of the license as L. NEWLY FORMED OR ACQUIRED stipulated by the contract or ORGANIZATIONS agreement. k. Any Grantor of Franchise, but only with Section II — Who Is An Insured, Paragraph 3.a. is respect to their liability as grantor of a replaced by the following: franchise to you. 3.a. Coverage under this provision is afforded until I. Any Co-owner of Insured Premises, but the end of the policy period. only with respect to their liability as co- This provision does not apply if newly formed or owner of any insured premises. acquired organizations coverage is excluded either by m. Any Concessionaires Trading Under Your the provisions of the Coverage Form or by endorsements. Name, but only with respect to their liability as a concessionaire trading under your M. DAMAGE TO PREMISES RENTED TO YOU name. Section III — Limits of Insurance, Paragraph 6. is 3. Any insurance provided to any additional replaced by the following: insured does not apply to "bodily injury", Subject to 5.a. above, the Damage To Premises "property damage" or"personal and advertising Rented To You Limit, or $500,000, whichever is injury" arising out of the sole negligence or higher, is the most we will pay under Coverage A for willful misconduct of the additional insured or its damages because of "property damage" to any one agents, "employees" or any other premises, while rented to you, or in the case of representative of the additional insured. damage by fire, smoke or leakage from automatic 4. With respect to the insurance afforded to these protection systems,while rented to you or temporarily additional insureds, the following is added to occupied by you with permission of the owner. Section III—Limits of Insurance: N. MEDICAL PAYMENTS—INCREASED LIMITS If coverage provided to any additional insured Section III — Limits of Insurance, Paragraph 7. is is required by a contract or agreement, the replaced by the following: most we will pay on behalf of the additional 7. Subject to Paragraph 5. above, $10,000 is the insured is the amount of insurance: Medical . Expense Limit we will pay under a. Required by the contract or agreement; or Coverage C for all medical expenses because of b. Available under the applicable Limits of "bodily injury" sustained by any one person, Insurance shown in the Declarations; unless the amount shown on the Declarations of whichever is less. this Coverage Part for Medical Expense Limit states: CG7578(6-17) Includes copyrighted material of ISO Properties,Inc.with its permission. Page 5 of 6 (a) No Coverage; or (2) You have agreed in writing in a contract or (b) $1,000; or agreement that this insurance would be primary and would not seek contribution from any other (c) $5,000; or insurance available to the additional insured. (d) A limit higher than $10,000. However, if the additional insured has been O. DUTIES IN THE EVENT OF OCCURRENCE, added as an additional insured on other OFFENSE, CLAIM OR SUIT policies, whether primary, excess, contingent or on any other basis, this insurance is excess Section IV — Commercial General Liability over any other insurance regardless of the Conditions Paragraph 2. is amended to add the written agreement between you and an following: additional insured. e. The requirement in Condition 2.a. that you must Q. UNINTENTIONAL FAILURE TO DISCLOSE see to it that we are notified as soon as EXPOSURES practicable of an "occurrence" or an offense Section IV — Commercial General Liability which may result in a claim, applies only when Conditions Paragraph 6. Representations is the"occurrence" or offense is known to: amended to add the following: (1) You, if you are an individual or a limited If you unintentionally fail to disclose any exposures liability company; existing at the inception date of your policy,we will not (2) A partner, if you are a partnership; deny coverage under the Coverage Form solely (3) A member or manager, if you are a limited because of such failure to disclose. However, this liability company; provision does not affect our right to collect additional premium or exercise our right of cancellation or non- (4) An "executive officer" or insurance renewal. manager, if you are a corporation; or A trustee, ifyou are a trust. This provision does not apply to any known injury (5) or damage which is excluded under any other f. The requirement in Condition 2.b. that you provision of this policy. must see to it that we receive notice of a claim R. WAIVER OF TRANSFER OF RIGHTS OF or "suit" as soon as practicable will not be RECOVERY AGAINST OTHERS TO US considered breached unless the breach occurs after such claim or"suit" is known to: Section IV — Commercial General Liability (1) You, if you are an individual or a limited Condition Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us is amended to liability company; add the following: (2) A partner, if you are a partnership; We waive any right of recovery we may have (3) A member or manager, if you are a limited against any person or organization against whom liability company; you have agreed to waive such right of recovery in (4) An "executive officer" or insurance a written contract or agreement because of manager, if you are a corporation; or payments we make for injury or damage arising out (5) A trustee, if you are a trust. of your ongoing operations or "your work" done P. PRIMARY AND NONCONTRIBUTORY — under a contract with that person or organization ADDITIONAL INSURED EXTENSION and included in the "products completed operations hazard". Section IV — Commercial General Liability S. MENTAL ANGUISH Conditions Paragraph 4. Other Insurance is amended to add the following: Section V—Definition 3.is replaced by the following: This insurance is primary to and will not seek "Bodily injury" means bodily injury, sickness or contribution from any other insurance available to disease sustained by a person, including mental an additional insured under your policy provided anguish or death resulting from bodily injury, that: sickness or disease. (1) The additional insured is a Named Insured T. LIBERALIZATION under such other insurance; and If we revise this endorsement to provide greater coverage without additional premium charge, we will automatically provide the additional coverage to all endorsement holders as of the day the revision is effective in your state. CG7578(6-17) Includes copyrighted material of ISO Properties,Inc.with its permission. Page 6 of 6 CALIFORNA SHOPPING CARTRETRIEVAL CORP. 3055 Wi alley BILd., Alhambra, CA 91803 • (800) 252 -4613 • Fax (626) 576 -4399 PROPOSAL FOR SHOPPING CART RETRIEVAL CITY OF ROSEMEAD FIRM QUALIFICATIONS Backerouud: The California Shopping Cart Retrieval Corporation (CSCRC) has been operating since 1993 as a full service cart retrieval company. These services include but are not limited to the retrieval, cleaning and maintenance of shopping carts, security services pertaining to shopping carts, cart transfers and recovery of stolen shopping carts. While the actual operational years of this corporation is relatively young, the background of those employed and/or contracted for services by CSCRC reflects many decades of knowledge and experience in the cart retrieval business. In most cases, CSCRC provides cart retrieval services by a contract relationship with local cart retrieval companies. CSCRC can be considered a consortium of well - established cart retrieval businesses working in concert to provide quality cart retrieval services to the retail and local municipality community. Retail /Municipal Services: Membership in the CSCRC is open to any retail or wholesale business that utilize shopping carts of any kind, as well as municipalities, which voluntarily signs a membership or contractual agreements. Membership and contract costs reflect the costs of cart retrieval and administration. Governance: CSCRC is a mutual benefit corporation which is governed by a Board of Directors. The day to day operation of CSCRC is directed by a President who oversees a Director of field operations, and five Regional Investigators as well as a clerical support staff. CSCRC corporate headquarters is located at 3055 West Valley Boulevard, Alhambra California 91803. Operations /Reports /Communications : CSCRC operates using state of the art computer technology to track all carts retrieved by the corporation for member companies and municipalities. This technology allows for the generation of daily, weekly, and monthly reports detailing cart retrieval activities and can be easily tailored to meet the reporting needs of any member corporation or municipality. All parties responsible for cart retrieval under CSCRC are linked to the Nextel system for immediate communications. CSCRC also maintains an 800 number which operates 24 hour-3 a day and allows for the report of stray and abandoned shopping carts. The number is answered by CSCRC staff personnel from 8am - 7pm seven days a week. An answering service is utilized during non business hours. • • 1) Two drivers will be in the city seven day a week. Coverage per truck consist of one driver CSCRC contract drivers all carry personal identification. Trucks utilized by CSCRC subcontractors all have required identification on the trucks in accordance with the state law. 2) Cart collection will be conducted between lam -7pm. If necessary, CSCRC will develop a logging system to indicate which streets have been canvassed citywide. 3) The 800 number currently operated by the CSCRC will be answered by office staff as opposed to an answering machine, seven days a week from 7:30am to 7:00pm. The machine will continue to answer calls received during non office hours. This 800 number should be used by the residence wishing to report the location of stray carts in the city. Because CSCRC will be picking up all carts in the city, it will no longer be necessary for residents to identify the name on the cart, only the location will be needed. 4) Calls for service received from city staff will be responded to within 1 hour. A log which reflects service calls and response times will be maintained and available to the city upon request. 5) The CSCRC would like to develop an instant communication system with city workers. City workers who spot stray carts could immediately call CSCRC with cart locations for and immediate response. 6) CSCRC headquarters in Alhambra is open seven days a week from 7:30am - 7:00pm for direct contact via phone. Staff at CSCRC headquarters will be in constant contact with field support teams utilizing the Nextel system. 7) CSCRC staff is available to the city from 7:30am to 7:00pm. After hours emergency response is available. All non business hour calls are received by an answering service. 8) Carts belonging to CSCRC service locations will be returned immediately to the store location. 9) Fee for cart removal by CSCRC of non member carts will be $13.00 a delivery to cover the cost of cart retri6val (delivery consists of 18 to 20 carts). • Service Areas /Companies: Currently CSCRC is responsible for cart retrieval services in all of Los Angeles, Orange, San Bernardino, Riverside, Santa Barbara, San Diego and Ventura Counties for Ralph's Grocery Company, Food 4 Less , Lucky Stores, Hughes Family Markets, Albertsons, Stater Brothers, Gelsons and Vons. Additionally, CSCRC also provides services to many independent grocery stores as well as, but not limited to, Sav -On, Target, Orchard Hardware Store, K -Mart, Longs, Wal -Mart, Trader -Joe's and Smart-N -Final Stores. II. PROJECT TEAM CSCRC will assign a project manager to the City to be in charge of the operations within the city: see section IV. III. MUNICIPAL REFERENCES California Shopping Cart Retrieval Corporation is currently contracted with the following cities for municipal shopping cart retrieval: 1) Alhambra ......... ............................... ..........................(626) 570 -3230 2) Anaheim ............ ............................... ..........................(714) 765 -4417 3) Costa Mesa ........ ............................... ..........................(714) 754 -5059 4) Downey .............. ............................... ..........................(562) 904 -7202 5) El Monte ............ ............................... ..........................(626) 580 -2080 6) Long Beach ........ ............................... ..........................(562) 570 -2854 7) Monrovia ........... ............................... ..........................(626) 932 -5525 8) Monterey Park .. ............................... ..........................(626) 307 -1400 9) Norwalk ............. ............................... I ..........................(562) 929 -5915 10) Oxnard .............. ............................... ..........................(805) 385 -8051 11) Paramount ........ ............................... ..........................(562) 220 -2106 12) Santa Maria ...... ............................... ..........................(805) 925 -0951 13) Tustin ................ ............................... ..........................(714) 573 -3134 14) Westminster ...... ............................... ..........................(714) 898 -3311 N 0 IV. PROPOSED WORK PROGRAM LJ 1) CSCRC members will be assessed internal charges for cart retrieval and no city administrative procedures are necessary. 2) CSCRC is open to all business that utilize shopping carts. The cost for shopping cart retrieval is $13.00 per cart load. There is no membership fee. 3) CSCRC would embark on a vigorous marketing campaign to get all stores to participate in the program, thus further reducing any city cost or involvement in shopping cart retrieval. 4) CSCRC will notify stores that have had their carts impounded in accordance with the state law at no additional charge to the city. The goal of the program is to provide effective citywide cart retrieval service at little or no cost to the city. It is to be expected that those retailers who do not have effective cart recovery programs will join with the CSCRC thus reducing any cost to the city. The initial startup cost will drop in time as less and less shopping carts are impounded. V. FEES The cost to the city for the CSCRC retrieval of non CSCRC member carts will be set at $13.00 per delivery. The $13.00 fee assessed for nonmember carts would cover all expenses and administrative fees. It is expected that this cost will be passed on to the cart owner in the form of a cart impoundment fee assessed by the city. The cost to retrieve CSCRC member carts will be 513.00 a truckload at no cost to the city. The CSCRC reserves the right to reassess the nonmember fee after the contract renewal date. Projected cost for a twelve month contract is based on number of deliveries requested by the city. VI. ADMINISTRATIVE PERFORMANCE. 1) An 800 number has been established for residents to report shopping carts. CSCRC will respond within 24hours. Cart locations received by city officials will be picked up within 1 hour. 2) All carts will be immediately removed by CSCRC contract drivers. All nonmember and an identifiable carts will be impounded at a designated area by the city. ' 3) Cost of Service: please see section V. • VII. FINANCIAL REPORT 1) Current financial reports are available upon request. Credit References: 1) First Bank of California 1625 Douglas Blvd. Roseville, CA 95661 2) Business Form Services, Inc. 7807 E. Telegraph Road Unit F Montebello, CA 90640 3) Enterprise Fleet Services P.O. Box 1696 San Leandro, CA 94577 4) Nextel Communications P.O. Box 79071 City of Industry, CA 91714 0 Contact: Craig Christiansen (916) 783 -1217 (213) 722 -9090 (510) 877 -5410 (800) 639 -6111