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2200 - Bruce Davis - HR Services "m°" City of Wpsemeaj a("■Ilk 110, n 'I II \1-II MI MM u.. December 6. 2016 Bruce Davis 28350 Infinity Circle Santa Clarita. CA 91390 Dear Mr. Davis: Letter of Agreement for Human Resources Services This letter shall be our Agreement regarding the I luman Resource services described below ("Services') to be provided by Bruce Davis ("Contractor') as an independent contractor to the City of Rosemead for the City's Human Resource Services("Project'). The Services to be provided include the following: • Serve as the Human Resources Management Advisor(s) to the City of Rosemead. • Perform Human Resource Management services including initiation of work on priority projects. • Handle all personnel claims. ongoing worker's compensation, and all other related personnel matters. • Draft specific documentation relevant to resolving a range of personnel issues; coach supervisors on conducting sensitive personnel conversations. • Prepare job class specifications, and conduct compensation studies and surveys. • Conduct research and prepare essential functions information as needed. • Conduct recruitment processes to fill vacancies. and/or design selection instruments to be used in such processes. • Provide written documentation of analysis and recommendations as needed. • Re reasonably available to perform services during the normal work week. • Meet as often as necessary for the purpose of consulting about the City's human resources needs and issues. and the scope of work performed. Contractor shall perform all Services under this Letter of 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. and consistent with all applicable laws. Contractor represents that it. its employees and subcontractors have all licenses, permits. 'N 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. Compensation for the above services shall he based on the actual amount of time spent in adequately performing the Services. and shall be billed at the hourly rate(s) of $115.00. However, unless expressly agreed to in writing in advance by the City, the cost to the City for the Services shall not exceed$10.000. Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770. et seq.. as well as Calilbmia 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 panics upon request, and shall post copies at the Contractor's principal place of business and at the project site. Contractor shall defend, indemnify and hold the City. its elected officials, officers. employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. Contractor shall provide proof of commercial general-liability and automobile insurance to the City in amounts and with policies, endorsements and conditions required by the City for the Services. If Contractor is an employer or otherwise hires one or more employees during the term of this Project. Contractor shall also provide proof of worker's compensation coverage for such employees. which meets all requirements of state law. Invoices shall be submitted to the City monthly as performance of the Services progresses. City shall review and pay the approved charges on such invoices in a timely manner. Services on the Project shall begin immediately and be completed by January 31. 2017, unless extended by the City in writing. The City may terminate this Lcttcr of Agreement at any time with or without cause. If the City finds it necessary to terminate this Letter of Agreement without cause before Project completion. Contractor shall be entitled to be paid in full for those Services adequately completed prior to the notification of termination. Contractor may terminate this Lcttcr of Agreement for cause only. Contractor warrants that the individual who has signed this Agreement has the legal power, right and authority to make this Agreement and hind the Contractor hereto. If you agree with the terms of this Letter of Agreement, please indicate by signing and dating two original agreements where indicated below—and return both to the undersigned. Once the documents are fully executed, one original will be returned to you for your records. VO- CITY OF ROSEMEAD BRUCE DAVIS Approved by: Reviewed and Accepted by Contractor: .--baA R. ^Dr\ g711/ W City Manager Signature `\ Attest: Name A-41/41: .Sdic-par Marc Donohue Title City Clerk / \ :-- .20!/ (! W Date A� o® CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD/YYY10 7/28/2023 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: N 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 endomement(s). PRODUCER Marsh & McLennan Agency LLC Marsh & McLennan Ins. Agency LLC 1 Polaris Way #300 CONTACT NAME: PHONE . 9a9-900-1780 FAX No: INC ADDRESS: INSURERS AFFORDING COVERAGE NAIC# Aliso Viejo CA 92656 INSURER A: National Casualty Company 11991 License#: OH18131 INSURED ALLCITYMAN All City Management Services, Inc. 10440 Pioneer Blvd., Suite 5 INSURER B: Lexington Insurance Company 19437 INSURER c: AXIS Surplus Insurance Company 26620 INSURER D: Westchester Surplus Lines Insurance Cc 10172 Santa Fe Springs CA 90670 INSURER E INSURER F COVERAGES CERTIFICATE NUMBER: 31701058 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 TR OF INSURANCE ADDLTYPE JUM Me UB POLICYNUMBER MMR•D EFF MMIDD EXP LIMITS B X COMMERCIALGENERALLIABILITY Y Y 052114698 8/1/2023 8/1/2024 EACH OCCURRENCE $1,000,000 CLAIMS -MADE T OCCUR PREMISES E. ocwm.nce $100,000 MED UP (Any one parson) $ X 500,000 PERSONAL S ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERALAGGREGATE $2,000,000 POLICY riJjECOT LOC PRODUCTS - COMP/OP AGG $2,000,000 $ OTHER: AUTOMOBILELIABILT' N N COMBINED SINGLE LIMIT $ Ea .trident BODILY INJURY (Per person) $ ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Pal accident) $ PROPERTY DAMAGE $ Per accident HIRED NON -OWNED AUTOS ONLY AUTOS ONLY C UMBRELLA UAB X OCCUR P001001180394DI 8/1/2023 8/1/2024 EACH OCCURRENCE $3,000,000 AGGREGATE $3,000,000 X EXCESS UAB CLAIMS -MADE DED RETENTION$ $ A WORKERS COMPENSATION AND EMPLOYERS' UABILRYY/ ANYPROPRIETORIPARTNER/EXECUTIVE Y WCC334410A 1/1/2023 1/1/2024 X STATUTE ER E.L. EACH ACCIDENT $1,000,000 OFFICER/MEMSER EXC W DEDi ❑NN NIA (Mandatary in NH) E.L. DISEASE - FA EMPLOYEE $1,000,000 E.L. DISEASE -POLICY LIMIT $1,000,000 Use, describe under DESCRIPTION OF OPERATIONSW. D Excess Layer 672535522003 8/1/2023 8/1/2024 AGGREGATE $6,000,000 DESCRIPTION OF OPERATIONS / LOCATKINS / VEHICLES (ACORD 101, Addaional Remarks Schedule, my M aaachad U more spats is required) RE: Agreement for Crossing Guard Services; Program Pricing Letter for 2022/2023 School Year City of Rosemead, the Rosemead and Garvey School District, and their respective officers, officials, employees, agents, and volunteers are included as additional insured as respects to General Liability per attached endorsement. Primary non contributory applies per attached endorsement. Waiver of Subrogation applies to Workers Compensation and General Liability per attached endorsements. Excess Liability follows form of primary coverages. CFRTIFICATF HOLDER CANCELLATION O 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Rosemead 6636 E Valley Blvd. Rosemead CA 91770-0000 AUTHORIZEDREPRESENTATME 1 ]I,ILII/'IM.@P* O 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD INSURED: NI Cary Management Services. Inc. POLICY #: 052114698 POLICY PERIOD: 0MU2020 TO; OWW02e THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED REQUIRED BY WRITTEN CONTRACT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY POLICY, COVERAGE APPLICABLE TO COVERAGE A BODILY INJURY AND PROPERTY DAMAGE (SECTION I - COVERAGES) ONLY A. Section II - Who Is An Insured is amended to Include any person or organization you are required to include as an additional insured on this policy by a mitten contract or written agreement in effect during this policy period and extrouted prior to the "occurrence" of the "bodily injury" or "property damage." B. The insurance provided to the above described A additional insured under this endorsement is limited as follows: 1. COVERAGE A BODILY INJURY AND PROP- ERTY DAMAGE (Section I - Coverages) only. 2 The person or organization is only an additional insured with respect to liability arising out of "your mark" or "your product". 3. in the event that the Limas of Insurance provided by this policy exceed the Limas of Insurance required by the mitten contract or mitten agreement, the insurance provided by this endorsement shall be limned to the Limits of Insurance required by the mitten contract or mitten agreement. This endorsement shall not increase the Limits of Insurance shove in the Declarations pertaining to the coverage provided herein. 0. The insurance provided to such an additional insured does not apply to "bodily injury" or "property damage' arising out of an archi• tact's, engineer's, or surveyor's rendering of or failure to render any professional services, including, but not limited to: I. The preparing, approving, or failing to prepare or approve maps, shop draWngs, opinions, reports, surveys, field orders, change orders, or draWngs and specifications; and ii. Supervisory, inspection, architectural, or engineering activities. S. This insurance does not apply to 'bodily injury" or "property damage" arising out of .your work" or "your product" included in the "product -completed operations hazard' unless you are required to provide such coverage by mitten contract or mitten agreement and then only for the period of time required by the mitten contract or mitten agreement and in no event beyond the expiration data of the policy. S, Any coverage provided by this endorse. ment to an additional insured shall be excess over any other valid and collectible insurance available to the additional insured Whether primary, excess, contingent or on any other basis. C. In accordance With the terms and conditions of the policy and as more fully explained in the policy, as soon as practicable, each additional insured must give us prompt notice of any "occurrence" which may result in a claim, formed all legal papers to us, cooperate in the defense of any actions, and otherwlae comply Wth all of the policy's terms and conditions. Failure to comply With this provision may, at our option, result in the claim or "suit' being denied. Authorized Representative OR Countemignatum (In states where applicable) Includes copyrighted information of the insurance Services Otficea, Inc., Wth its permission. Al rights reserved. LX9776 (OS sl INSURED: al Ciry Management SenAces, Inc. POLICYM 052114699 POLICY PERIOD: 08MM023 TO: 0a101n024 ENDORSEMENT LEXINGTON INSURANCE COMPANY WAIVER OF SUBROGATION (BLANKET) It is agreed that we, in the event of a payment under this policy, waive our right of subrogation against any person or organization where the insured has waived liability of such person or organization as part of a written contractual agreement between the insured and such person or organization entered into prior to the "occurrence" or offense. All other terms and conditions remain unchanged. i' 7�-� Authorized Representative OR Countersignature (In states where applicable) LEXOCC234 (11103) LX0485 INSURED: A`Citymwagementsewi s,mc. POLICY #: VrCC33"10A POLICY PERIOD: 01/014223 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT TO 01/01/2024 WC 00 03 13 (Ed. 4.84) We have die right to recover our payments from anyone liable for an uhjury covered by this policy. We willnot enlorce our right against die person or organization named in die Schedule. (This agreement applies only to dye extent that you perfornh work under a written contract that requires you to obtain this agreement from us.) This agreement shall riot operate directly or indirectly to benefit anyone not named in the Schedule. Schedule ANY PERSON(S) OR ORGANIZATION(S) WITH WHOM YOU HAVE AGREED TO SUCH WAIVER, IN A VALID WRITTEN CONTRACT OR WRITTEN AGREEMENT THAT HAS BEEN EXECUTED PRIOR TO A LOSS. Tlus endorsement clhanges tlhe policy to which it is attached mud is effective on the date issued unless otherwise stated. (rhe mfornution below is mTzired only when this endorsement is issued subsequent to KeWaaon of the policy) Endorsement Effective Insured Policy No. Countersigned Endorsement No. Premium S INSURED: NI city Management Semces. Inc. POLICY #: assnasge POLICY PERIOD: 0e10trz023 TO 081(1112024 pRMAAR MN CONTRIBUTORY ENDIMENENT This endorsement modifies insurance provided by the policy. Notwittlstanding any other provision of the pofrcy to the contrary, the insurance afforded by this policy for the benefit of the Addiconal Insured shall be primary insurance, but only with reaped to any claim, I= or liability arising cut of the Named Insureds operafiona; and arty insurance maintained by the Addidonal Insured shag be non-contrbuing. Al oder terms and candicans of the policy remail the same. P ACI"rixaf RWasentathve OR Countaralgnature an states whore appncebl6) LX9698 (QWM All City Management SeMces. Inc. LX9838 1081051 ACORO® CERTIFICATE OF LIABILITY INSURANCE DATE(MMMDNYYY) 12/1/2023 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. N 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 NAME: LIMITS PHONN E (686) 780-5381 LA CCFAXNa (866) 828-2424 WTW MIDWEST INC AODREss: Certificate@Hanover.com INSURER(S) AFFORDING COVERAGE NAIC0 233 S WACKER DR,SUITE 2000 INSURER A: Citizens ins Co of America 31534 CHICAGO IL 60606 INSURED INSURER B: Hanover Insurance Co 22292 INSURER C: Hanover American ins CO 36064 INSURER D: BUCKNAM INFRASTRUCTURE GROUP INC INSURER E : 3548 SEAGATE WAY STE 230 INSURER F: OCEANSIDE CA 92056 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. 1NTR TYPE OF INSURANCE J121 S B POLICY NUMBER POLICY EFF EXP fWDDffYYYI LIMITS COMMERCALGENERAL LIABILITY EACH OCCURRENCE $ 2,000.000 CLAIMSQADE V/] OCCUR PREMISES Ea occurenoe $ 11000.000 MED EXP (Any one Person) $ 10,000 PERSONAL&ADV INJURY $ 2,000,000 A Y Y OBC A399956 09 09/16/2023 09/16/2024 GEN'L AGGREGATE LIMIT APPLIES PER: GENERALAGGREGATE $ 4,000,000 POLICY Z JECT [_] LOC PRODUCTS - COMPIOP AGO $ 4,000,000 $ OTHER: AUTOMOBILE LASIUTY COMBINED SINGLE LIMIT Ea acddent $ 21000,000 BODILY INJURY (Per Penson) $ ANYAl/TO A OWNED SCHEDULED Y Y OBC A39995609 09/16/2023 09/16/2024 BODILY INJURY (Per accident) $ AUTOS ONLY AUTOS / HIRED � AUTOS PER DAMAGE $ V AUTOS ONLY ONLDV(Per ✓ UMBRELLALAB ✓ OCCUR EACH OCCURRENCE $ 3.000,000 AGGREGATE $ 3,000,000 A EXCESS LAB CLAIMS -MADE Y Y OBC A399956 09 09/16/2023 09/16/2024 DED I/ RETENTIONS $ WORKERS COMPENSATION / PER OTH- AND EMPLOYERS' LIABILITYY STATUTE ER E. L. EACH ACCIDENT $ 1.000,000 C RIP NI NIA N WZC A39994609 09/16/2023 09/16/2024 OFFICEPRIET CWDEEXECUTIVE (Mandatary In NH) E.L. DISEASE - EA EMPLOYEE $ 1.000,000 If yes, desonbe under DE SCRIPTIONOFOPERATIONSbel. E.L. DISEASE -POLICY LIMIT $ 1,000,000 B Architects & Engineers Prof Liab N N LHC H023717 04 09/16/2023 09/16/2024 Claims -Made: $2M Ea Claim/$2M Agg DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remams Schedule, may W attached it more space u required) City of Rosemead, its officials, emplyees and agents are Additional Insured on the General Liability and Auto Liability pursuant to the tens and conditions by form 391-1586. Additional Insured is Primary and Noncontributory to the extent provided by form 391-1003 (pg 79 of 81). Waiver of Subrogation as provided by form 391-1003 (pg 80 of 81). Cancellation Notice will be provided to the Certificate Holder pursuant to endorsement: 401-1235. Such notice is solely for the purpose of informing the Certificate Holder of the effective date of cancellation and does not grant, alter, or extend any rights or obligations under this policy. CITY OF ROSEMEAD ATTN: CITY CLERK'S OFFICE 8838 E. VALLEY BOULEVARD ROSEMEAD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATNE CA 91770 ACORD 25 (2015/03) The ACORD name and logo are registered marks of ACORD The Hanover Insurance Group- OBCA399956 1309570 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. GENERAL LIABILITY SUPPLEMENTARY ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM A. Additional Insured by Contract, Agreement or Permit The following is added to SECTION II - LIABILITY, C. Who Is An Insured: Additional Insured by Contract, Agreement or Permit a. Any person or organization with whom you agreed in a written contract, written agreement or permit that such person or organization to add as an additional insured on your policy is an additional insured only with respect to liability for "bodily injury", "property damage", or "personal and advertising injury" caused, in whole or in part, by your acts or omissions, or the acts or omissions of those acting on your behalf, but only with respect to: (1) "Your work" for the additional insured(s) designated in the contract, agreement or permit including "bodily injury" or "property damage" included in the "products -completed operations hazard" only if this Coverage Part provides such coverage. (2) Premises you own, rent, lease or occupy; or (3) Your maintenance, operation or use of equipment leased to you. b. The insurance afforded to such additional insured described above: (1) Only applies to the extent permitted by law; and (2) Will not be broader than the insurance which you are required by thecontract, agreement or permit to provide for such additional insured. (3) Applies on a primary basis if that is required by the written contract, written agreement or permit. (4) Will not be broader than coverage provided to any other insured. (5) Does not apply if the "bodily injury", "property damage" or "personal and advertising injury" is otherwise excluded from coverage under this Coverage Part, including any endorsements thereto. c. This provision does not apply: (1) Unless the written contract or written agreement was executed orpermit was issued prior to the "bodily injury", "property damage", or "personal injury and advertising injury". (2) To any person or organization included as an insured by another endorsement issued by us and made part of this Coverage Part. (3) To any lessor of equipment: (a) After the equipment lease expires; or (b) If the "bodily injury", "property damage", or "personal and advertising injury" arises out of sole negligence of the lessor (4) To any: (a) Owners or other interests from whom land has been leased if the "occurrence" or offense takes place or the offense is committed after the lease for the land expires; or (b) Managers or lessors of premises if: (i) The "occurrence" takes place or the offense is committed after you cease to be a tenant in that premises; or (ii) The "bodily injury", "property damage", "personal injury" or "advertising injury" arises out of structural alterations, new construction or demolition operations performed by or on behalf of the manager or lessor. (5) To "bodily injury", "property damage" or "personaland advertising injury"arising out of the rendering of or the failure to render any professional services. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the 'occurrence" which caused the "bodily injury" or "property damage" or the offense which caused the "personal and advertising injury" involved the rendering of or failure to render any professional services by or for you. d. With respect to the insurance afforded to these additional insureds, the following is added to SECTION II - LIABILITY, D. Liability and Medical Expense Limits of Insurance: The most we will pay on behalf of the additional insured for a covered claim is the lesser of the amount of insurance: 391-1586 08 16 Includes copyrighted material of Insurance Services Offices, Inc., with its permission. Page 1 of 2 1. Required by the contract, agreement or permit described in Paragraph a.; or 2. Available under the applicable Limits of Insurance shown in the Declarations. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations B. Aggregate Limits of Insurance per Project or per Location The following changes are made to SECTION II - LIABILITY: 1. The following is added to SECTION II - LIABILITY, D. Liability and Medical Expenses Limits of Insurance, paragraph 4: The Aggregate Limits of Insurance apply separately to each of "your projects" or each "location" listed in the Declarations. 2. For the purpose of coverage provided by this endorsement only, the following is added to SECTION II - LIABILITY, F. Liability And Medical Expenses Definitions: 1. "Your project" means: a. Any premises, site or "location" at, on, or in which "your work" is not yet completed; and b. Does not include any "location" listed in the Declarations. 2. "Location" means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right-of-way of a railroad. ALL OTHER TERMS, CONDITIONS, AND EXCLUSIONS REMAIN UNCHANGED. 391-1586 08 16 Includes copyrighted material of Insurance services Offices. Inc., with its permission. Page 2 of 2 11me ] Hanover nsurance Group_ OBCA399956 1309570 1. SECTION I - PROPERTY, if two or more of However, if you agree in a written this coverage part's coverages apply to contract, written agreement, or the same loss or damage, we will not pay written permit that the insurance more than the actual amount of the loss or provided to any person or damage. organization included as an 2. SECTION II - LIABILITY, it is our stated Additional Insured under this intent that the various Coverage Parts, Coverage Part is primary and forms, endorsements or policies issued to non-contributory, we will not seek the named insured by us, or any company contribution from any other affiliated with us, do not provide any insurance available to that Additional duplication or overlap of coverage for the Insured which covers the Additional same claim, "suit", "occurrence", offense, Insured as a Named Insured except: accident, "wrongful act" or loss. We will (1) For the sole negligence of the not pay more than the actual amount of Additional Insured; or the loss or damage. (2) When the Additional Insured is If this Coverage Part and any other an Additional Insured under Coverage Part, form, endorsement or another liability policy. policy issued to the named insured by us, b. Excess Insurance or any company affiliated with us, apply to the same claim, "suit", occurrence, This insurance is excess over: offense, accident, "wrongful act" or loss, (1) Any of the other insurance, the maximum Limit of Insurance under all whether primary, excess, such Coverage Parts, forms, contingent or on any other basis: endorsements or policies combined shall (a) That is Fire, Extended not exceed the highest applicable Limit of Coverage, Builder's Risk, Insurance under any one Coverage Part, form, endorsement or policy. Installation Risk or similar coverage for "your work" This condition does not apply to any Excess or Umbrella Policy issued by us (b) That is Property Insurance for specifically to apply as excess insurance premises rented to you or over this policy. temporarily occupied by you with permission of the owner; G. Liberalization (c) t is insurance If we adopt any revision that would broaden by you to cover ourrl ab I td the coverage under this policy without as a tenant for "propertyy additional premium within 45 days prior to or damage" to premises rented during the policy period, the broadened to you or temporarily coverage will immediately apply to this policy. occupied by you with H. Other Insurance permission of the owner; or 1. SECTION I - PROPERTY (d) If the loss arises out of the If there is other insurance covering the maintenance or use of aircraft,autos" or watercraft same loss or damage, we will pay only for the extent not subject to the amount of covered loss or damage in SLIABILITY, SECTION II excess of the amount due from that other Exclusion Aircraft, Auto or insurance, whether you can collect on it or Watercraft;; and not. But, we will not pay more than the applicable Limit of Insurance of SECTION 1 (2) Any other primary insurance - PROPERTY. available to you covering liability 2. SECTION II -LIABILITY for damages arising out of the premises or operations, or the If other valid and collectible insurance is products and completed available to the insured for a loss we operations, for which you have cover under SECTION 11 - LIABILITY, our been added as an additional obligations are limited as follows: insured by attachment of an a. Primary Insurance endorsement. This insurance is primary except when When this insurance is excess, we will have no duty under SECTION II - paragraph b. below applies. If this LIABILITY to defend the insured insurance is primary, our obligations against any "suit' if any other are not affected unless any of the insurer has duty to defend the other insurance is also primary. Then, no other insured against that "suit". Ifndertrtake we will share with all that other insurer defends, we will uto insurance by the method described in do so, but we will be entitled to the paragraph c. below. 3914003 08 16 Includes copyrighted material of Insurance services Office, Inc., with its permission. Page 79 of 81 insured's rights against all those other insurers. c. When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (1) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (2) The total of all deductible and self-insured amounts under all that other insurance. d. We will share the remaining loss, if any, with any other insurance that is not described in this provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations for this Coverage. e. Method of Sharing If all of the other insurance permits contribution by equal shares, we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable Limit of Insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable Limit of Insurance to the total applicable limits of insurance of all insurers. f. When this insurance is excess, we will have no duty under Business Liability Coverage to defend any claim or "suit" that any other insurer has a duty to defend. If no other insurer defends, we will undertake to do so; but we will be entitled to the insured's rights against all those other insurers. Premiums 1. The first Named Insured shown in the Declarations: a. Is responsible for the payment of all premiums; and b. Will be the payee for any return premiums we pay. 2. The premium shown in the Declarations was computed based on rates in effect at the time the policy was issued. On each renewal, continuation or anniversary of the effective date of this policy, we will compute the premium in accordance with our rates and rules then in effect. 3. With our consent, you may continue this policy in force by paying a continuation premium for each successive one-year period. The premium must be: a. Paid to us prior to the anniversary date; and b. Determined in accordance with paragraph 2. above. Our forms then in effect will apply. If you do not pay the continuation premium, this policy will expire on the first anniversary date that we have not received the premium. 4. Undeclared exposures or change in your business operation, acquisition or use of locations may occur during the policy period that is not shown in the Declarations. If so, we may require an additional premium. That premium will be determined in accordance with our rates and rules then in effect. J. Premium Audit 1. This policy is subject to audit if a premium designated as an advance premium is shown in the Declarations. We will compute the final premium due when we determine your actual exposures. 2. Premium shown in this policy as advance premium is a deposit premium only. At the close of each audit period, we will compute the earned premium for that period and send notice to the first Named Insured. The due date for audit premiums is the date shown as the due date on the bill. If the sum of the advance and audit premiums paid for the policy period is greater than the earned premium, we will return the excess to the first Named Insured. 3. The first Named Insured must keep records of the information we need for premium computation and send us copies at such times as we may request. K. Transfer of Rights of Recovery Against Others to Us 1. Applicable to SECTION I - PROPERTY Coverage: If any person or organization to or for whom we make payment under this policy has rights to recover damages from another, those rights are transferred to us to the extent of our payment. That person or organization must do everything necessary to secure our rights and must do nothing after loss to impair them. But you may waive your rights against another party in writing: 391.1003 0816 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 80 of 81 a. Prior to a loss to your Covered Property. b. After a loss to your Covered Property only if, at time of loss, that party is one of the following: (1) Someone insured by this insurance; (2) A business firm: (a) Owned or controlled by you; or (b) That owns or controls you; or (3) Your tenant. You may also accept the usual bills of lading or shipping receipts limiting the liability of carriers. This will not restrict your insurance. 2. Applicable to SECTION II - LIABILITY Coverage: If the insured has rights to recover all or part of any payment we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair such rights. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. The Hanover Insurance Group_ OBCA399956 1309570 We waive any right of recovery we may have against any person or organization with whom you have a written contract, permit or agreement to waive any rights of recovery against such person or organization because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products -completed operations hazard". This condition does not apply to Medical Expenses Coverage. L. Transfer of Your Rights and Duties Under This Policy Your rights and duties under this policy may not be transferred without our written consent except in the case of death of an individual Named Insured. If you die, your rights and duties will be transferred to your legal representative but only while that legal representative is acting within the scope of their duties as your legal representative. Until your legal representative is appointed, anyone with proper temporary custody of your property will have your rights and duties but only with respect to that property. 391-1003 08 16 Includes copyrighted material of Insurance services Office, Inc., with its permission. Page 81 of 81 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION TO DESIGNATED ENTITY(S) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL LIABILITY UMBRELLA COVERAGE PART HANOVER COMMERCIAL FOLLOW FORM EXCESS AND UMBRELLA POLICY COMMERCIAL PROPERTY COVERAGE PART BUSINESS AUTO COVERAGE FORM BUSINESSOWNERS COVERAGE FORM SCHEDULE Name of Designated Entity Mailing Address or Email Address 9 tY 9 Number Days Notice CITY OF ROSEMEAD 8838 E. VALLEY BOULEVARD, ROSEMEAD CA 91770 30 (Information required to complete this Schedule, if not shown above, will be shown in the Declarations.) If we cancel this policy for any reason other than nonpayment of premium, we will give written notice of such cancellation to the Designated Entity(s) shown in the Schedule. Such notice may be delivered or sent by any means of our choosing. The notice to the Designated Entity(s) will state the effective date of cancellation. Unless otherwise noted in the Schedule above, such notice will be provided to the Designated Entity(s) no more than the number of days in advance of the effective date of cancellation that we are required to provide to the Named Insured for such cancellation. Such notice of cancellation is solely for the purpose of informing the Designated Entity(s) of the effective date of cancellation and does not grant, alter, or extend any rights or obligations under this policy. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. 401-1235 12 14 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 1