Loading...
PROOF OF INSURANCE (2018 - 2018) CLOSED �" CERTIFICATE OF LIABILITY INSURANCE I DATE(MMIDD/Y 01/02/201818 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 CONTACT Bannister & Associates Insurance Agency NAME: Rich Higgins g Y PHONE 714) 536-6086 FAx CA License #0691071 (�!C Nts,fxtx ( dAIC,No):(714) 536-4054 305 17th Street E-MAIL Huntington Beach CA 92648 ADDRESS: rich@bai-ins.com INSURER(S)AFFORDING COVERAGE I NAIC# INSURERA: Sentinel Insurance Company, Ltd 11000 INSURED (714) 840-9742 INSURER B s Garland Associates, Inc. INSURER C: 16787 Beach Blvd., #234 INSURER D: Huntington Beach CA 92647 INSURER E: .... ... .... INSURER F: COVERAGES CERTIFICATE NUMBER:Cert ID 925 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''OLICIES,LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS .iLLTR TYPE OF INSURANCE N$D}BWVD POLICY NUMBER (MUeR M DDIYYYOCY Y). (MMIDDEx /YYYY.) LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE f X.. OCCUR Y Y 72 SBM AF0131 09/08/2017 09/08/2018 PREM SFS{)a ooct ence) $ 1,000,000 MED EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY... $ 1,000,00.0........... GEN'LAGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY G $ „2 F PRO- 00 OTHER: PRO g LOC PRODUCTS-COMP/OP AG 000,0 AUCOMBINED SINGLE LIMIT $ 1,000,000 8;cot'Eurctkl ............................... A ANY AUTO 72 SBM AF0131 09/08/2017 09/08/2018 BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS X.. X.... HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY (Per accldent( EXCESSUMBRELLA LIAB M EACH OCCURRENCE $ A AB CLAIMS-MADE AGGREGATE $ RETENTION$ $ WORKERS COMPENSATION _ _�PTATUTE I I ORER H AND EMPLOYERS'LIABILITY Y/N ANYPROPRIETOR/PARTNER/EXECUTIVE —] N/A E L EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) EL DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below EL DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) The City of El Segundo its officers, officials, employees, agents are named as additional insured with respect general liability. Primary and non-contributory wording apply with respects general liability policy limits. We will not cancel or non-renew this policy or make changes that reduce the insurance afforded by this policy until written notice of cancellation or reduction has been mailed by registered or certified mail or delivered to the named insured 10-day notice of cancellation for non-payment and 30-day notice of cancellation for all other reason applies whereby the certificate holder will be notified. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of E1 Segundo Public Works Department 350 Main Street AUTHORIZED REPRESENTATIVE E1 Segundo CA 90245 II @ 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD V C1 IQI IU /'%Z00U C1LCJ, II IV. /L 001VI P1rV 101 BUSINESS LIABILITY COVERAGE FORM 2. Applicable To Medical Expenses Coverage e. A trust, you are an insured. Your trustees We will not pay expenses for"bodily injury": are also insureds, but only with respect to a. Any Insured their duties as trustees. To any insured, except"volunteer workers". 2. Each of the following is also an insured: b. Hired Person a. Employees And Volunteer Workers To a person hired to do work for or on behalf Your "volunteer workers" only while of any insured or a tenant of any insured. performing duties related to the conduct of c. Injury On Normally Occupied Premises your business, or your "employees", other than either your executive officers (if you To a person injured on that part of are an organization other than a premises you own or rent that the person partnership, joint venture or limited liability normally occupies. company) or your managers (if you are a d. Workers' Compensation And Similar limited liability company), but only for acts Laws within the scope of their employment by To a person, whether or not an you or while performing duties related to "employee" of any insured, if benefits for the conduct of your business. the "bodily injury" are payable or must be However, none of these "employees" or provided under a workers' compensation "volunteer workers" are insureds for: or disability benefits law or a similar law. (1) "Bodily injury" or "personal and e. Athletics Activities advertising injury": To a person injured while practicing, (a) To you, to your partners or instructing or participating in any physical members (if you are a partnership exercises or games, sports or athletic or joint venture), to your members contests. (if you are a limited liability f. Products-Completed Operations Hazard company), or to a co-"employee" while in the course of his or her Included with the "products-completed employment or performing duties operations hazard". related to the conduct of your g. Business Liability Exclusions business, or to your other Excluded under Business Liability Coverage. "volunteer workers" while performing duties related to the C. WHO IS AN INSURED conduct of your business; 1. If you are designated in the Declarations as: (b) To the spouse, child, parent, a. An individual, you and your spouse are brother or sister of that co- insureds, but only with respect to the "employee" or that "volunteer conduct of a business of which you are the worker" as a consequence of sole owner. Paragraph (1)(a)above; b. A partnership or joint venture, you are an (c) For which there is any obligation insured. Your members, your partners, and to share damages with or repay their spouses are also insureds, but only with someone else who must pay respect to the conduct of your business. damages because of the injury c. A limited liability company, you are an described in Paragraphs (1)(a) or insured. Your members are also insureds, (b) above; or but only with respect to the conduct of your (d) Arising out of his or her providing business. Your managers are insureds, but or failing to provide professional only with respect to their duties as your health care services. managers. If you are not in the business of d. An organization other than a partnership, providing professional health care joint venture or limited liability company, you services, Paragraph (d) does not apply are an insured. Your"executive officers"and to any nurse, emergency medical directors are insureds, but only with respect technician or paramedic employed by to their duties as your officers or directors. you to provide such services. Your stockholders are also insureds, but only (2) "Property damage"to property: with respect to their liability as stockholders. (a) Owned, occupied or used by, Page 10 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM (b) Rented to, in the care, custody or b. Coverage under this provision does not control of, or over which physical apply to: control is being exercised for any (1) "Bodily injury" or "property damage" purpose by you, any of your that occurred; or "employees", "volunteer workers", any partner or member (if you are (2) "Personal and advertising injury" a partnership or joint venture), or arising out of an offense committed any member (if you are a limited before you acquired or formed the liability company). organization. b. Real Estate Manager 4. Operator Of Mobile Equipment Any person (other than your"employee" or With respect to "mobile equipment' registered in "volunteer worker"), or any organization your name under any motor vehicle registration while acting as your real estate manager. law, any person is an insured while driving such c. Temporary Custodians Of Your equipment along a public highway with your Property permission. Any other person or organization responsible for the conduct of such person is Any person or organization having proper also an insured, but only with respect to liability temporary custody of your property if you arising out of the operation of the equipment, and die, but only: only if no other insurance of any kind is available (1) With respect to liability arising out of the to that person or organization for this liability. maintenance or use of that property; and However, no person or organization is an insured (2) Until your legal representative has with respect to: been appointed. a. "Bodily injury" to a co-"employee" of the d. Legal Representative If You Die person driving the equipment; or Your legal representative if you die, but b. "Property damage" to property owned by, only with respect to duties as such. That rented to, in the charge of or occupied by representative will have all your rights and you or the employer of any person who is duties under this insurance. an insured under this provision. e. Unnamed Subsidiary 5. Operator of Nonowned Watercraft Any subsidiary and subsidiary thereof, of With respect to watercraft you do not own that yours which is a legally incorporated entity is less than 51 feet long and is not being used of which you own a financial interest of to carry persons for a charge, any person is an more than 50% of the voting stock on the insured while operating such watercraft with effective date of this Coverage Part. your permission. Any other person or The insurance afforded herein for any organization responsible for the conduct of subsidiary not shown in the Declarations such person is also an insured, but only with as a named insured does not apply to respect to liability arising out of the operation injury or damage with respect to which an of the watercraft, and only if no other insured under this insurance is also an insurance of any kind is available to that insured under another policy or would be person or organization for this liability. an insured under such policy but for its However, no person or organization is an termination or upon the exhaustion of its insured with respect to: limits of insurance. a. "Bodily injury" to a co-"employee" of the 3. Newly Acquired Or Formed Organization person operating the watercraft; or Any organization you newly acquire or form, b. "Property damage" to property owned by, other than a partnership, joint venture or rented to, in the charge of or occupied by limited liability company, and over which you you or the employer of any person who is maintain financial interest of more than 50% of an insured under this provision. the voting stock, will qualify as a Named 6. Additional Insureds When Required By Insured if there is no other similar insurance Written Contract, Written Agreement Or available to that organization. However: Permit a. Coverage under this provision is afforded The person(s) or organization(s) identified in only until the 180th day after you acquire Paragraphs a. through f. below are additional or form the organization or the end of the insureds when you have agreed, in a written policy period, whichever is earlier; and Form SS 00 08 04 05 Page 11 of 24 BUSINESS LIABILITY COVERAGE FORM contract, written agreement or because of a (e) Any failure to make such permit issued by a state or political inspections, adjustments, tests or subdivision, that such person or organization servicing as the vendor has be added as an additional insured on your agreed to make or normally policy, provided the injury or damage occurs undertakes to make in the usual subsequent to the execution of the contract or course of business, in connection agreement, or the issuance of the permit. with the distribution or sale of the A person or organization is an additional products; insured under this provision only for that (f) Demonstration, installation, period of time required by the contract, servicing or repair operations, agreement or permit. except such operations performed However, no such person or organization is an at the vendor's premises in additional insured under this provision if such connection with the sale of the person or organization is included as an product; additional insured by an endorsement issued (g) Products which, after distribution by us and made a part of this Coverage Part, or sale by you, have been labeled including all persons or organizations added or relabeled or used as a as additional insureds under the specific container, part or ingredient of any additional insured coverage grants in Section other thing or substance by or for F.—Optional Additional Insured Coverages. the vendor; or a. Vendors (h) "Bodily injury" or "property Any0person(s) or organization(s) (referred to damage" arising out of the sole below as vendor), but only with respect to negligence of the vendor for itsown acts or omissions or those of "bodily injury" or "property damage" arising its employees or anyone else out of "your products" which are distributed acting on its behalf. However, this or sold in the regular course of the vendors exclusion does not apply to: business and only if this Coverage Part provides coverage for "bodily injury" or (i) The exceptions contained in "property damage" included within the Subparagraphs (d)or(f); or "products-completed operations hazard". (ii) Such inspections, adjustments, (1) The insurance afforded to the vendor tests or servicing as the vendor is subject to the following additional has agreed to make or normally exclusions: undertakes to make in the usual This insurance does not apply to: course of business, in connection with the distribution (a) "Bodily injury" or "property or sale of the products. damage" for which the vendor is (2) This insurance does not apply to any obligated to pay damages by insured person or organization from reason of the assumption of whom you have acquired such products, liability in a contract or agreement. or any ingredient, part or container, This exclusion does not apply to entering into, accompanying or liability for damages that the containing such products. vendor would have in the absence of the contract or agreement; b. Lessors Of Equipment (b) Any express warranty (1) Any person or organization from unauthorized by you; whom you lease equipment; but only with respect to their liability for "bodily (c) Any physical or chemical change injury", "property damage" or in the product made intentionally "personal and advertising injury" by the vendor; caused, in whole or in part, by your (d) Repackaging, except when maintenance, operation or use of unpacked solely for the purpose of equipment leased to you by such inspection, demonstration, testing, person or organization. or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; Page 12 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM (2) With respect to the insurance afforded e. Permits Issued By State Or Political to these additional insureds, this Subdivisions insurance does not apply to any (1) Any state or political subdivision, but "occurrence" which takes place after only with respect to operations you cease to lease that equipment. performed by you or on your behalf for c. Lessors Of Land Or Premises which the state or political subdivision (1) Any person or organization from has issued a permit. whom you lease land or premises, but (2) With respect to the insurance afforded only with respect to liability arising out to these additional insureds, this of the ownership, maintenance or use insurance does not apply to: of that part of the land or premises (a) "Bodily injury", "property damage" leased to you. or "personal and advertising (2) With respect to the insurance afforded injury" arising out of operations to these additional insureds, this performed for the state or insurance does not apply to: municipality; or (a) Any 'occurrence" which takes (b) 'Bodily injury" or"property damage" place after you cease to lease that included within the "products- land or be a tenant in that completed operations hazard". premises; or f. Any Other Party (b) Structural alterations, new (1) Any other person or organization who construction or demolition is not an insured under Paragraphs a. operations performed by or on through e. above, but only with behalf of such person or respect to liability for "bodily injury", organization. "property damage" or "personal and d. Architects, Engineers Or Surveyors advertising injury" caused, in whole or (1) Any architect, engineer, or surveyor, but in part, by your acts or omissions or only with respect to liability for "bodily the acts or omissions of those acting injury", "property damage" or "personal on your behalf: and advertising injury" caused, in whole (a) In the performance of your or in part, by your acts or omissions or ongoing operations; the acts or omissions of those acting on (b) In connection with your premises your behalf: owned by or rented to you; or (a) In connection with your premises; (c) In connection with "your work" and or included within the "products- (b) In the performance of your completed operations hazard", but ongoing operations performed by only if you or on your behalf. (i) The written contract or written (2) With respect to the insurance afforded agreement requires you to to these additional insureds, the provide such coverage to following additional exclusion applies: such additional insured; and This insurance does not apply to (Ii) This Coverage Part provides "bodily injury", "property damage" or coverage for "bodily injury" or "personal and advertising injury" "property damage" included arising out of the rendering of or the within the "products- failure to render any professional completed operations hazard". services by or for you, including: (2) With respect to the insurance afforded (a) The preparing, approving, or to these additional insureds, this failure to prepare or approve, insurance does not apply to: maps, shop drawings, opinions, "Bodily injury", "property damage" or reports, surveys, field orders, "personal and advertising injury" change orders, designs or arising out of the rendering of, or the drawings and specifications; or failure to render, any professional (b) Supervisory, inspection, architectural, engineering or surveying architectural or engineering services, including: activities. Form SS 00 08 04 05 Page 13 of 24 BUSINESS LIABILITY COVERAGE FORM (a) The preparing, approving, or This General Aggregate limit does not failure to prepare or approve, apply to "property damage" to premises maps, shop drawings, opinions, while rented to you or temporarily reports, surveys, field orders, occupied by you with permission of the change orders, designs or owner, arising out of fire, lightning or drawings and specifications; or explosion. (b) Supervisory, inspection, 3. Each Occurrence Limit architectural or engineering Subject to 2.a. or 2.b above, whichever activities. applies, the most we will pay for the sum of all The limits of insurance that apply to additional damages because of all "bodily injury", insureds are described in Section D. — Limits "property damage" and medical expenses Of Insurance. arising out of any one 'occurrence" is the How this insurance applies when other Liability and Medical Expenses Limit shown in insurance is available to an additional insured the Declarations. is described in the Other Insurance Condition The most we will pay for all medical expenses in Section E. —Liability And Medical Expenses because of "bodily injury" sustained by any General Conditions. one person is the Medical Expenses Limit No person or organization is an insured with shown in the Declarations. respect to the conduct of any current or past 4. Personal And Advertising Injury Limit partnership, joint venture or limited liability Subject to 2.b. above, the most we will pay for company that is not shown as a Named Insured in the sum of all damages because of all the Declarations. "personal and advertising injury" sustained by D. LIABILITY AND MEDICAL EXPENSES any one person or organization is the Personal LIMITS OF INSURANCE and Advertising Injury Limit shown in the Declarations. 1. The Most We Will Pay 5. Damage To Premises Rented To You Limit The Limits of Insurance shown in the Declarations and the rules below fix the most The Damage To Premises Rented To You we will pay regardless of the number of: Limit is the most we will pay under Business Liability Coverage for damages because of a. Insureds; "property damage" to any one premises, while b. Claims made or"suits" brought; or rented to you, or in the case of damage by fire, c. Persons or organizations making claims or lightning or explosion, while rented to you or bringing "suits". temporarily occupied by you with permission of 2. Aggregate Limits the owner. The most we will pay for: In the case of damage by fire, lightning or explosion, the Damage to Premises Rented To a. Damages because of "bodily injury" and You Limit applies to all damage proximately "property damage" included in the caused by the same event, whether such "products-completed operations hazard" is damage results from fire, lightning or explosion the Products-Completed Operations or any combination of these. Aggregate Limit shown in the Declarations. 6. How Limits Apply To Additional Insureds b. Damages because of all other bodily The most we will pay on behalf of a person or injury", property damage or personal organization who is an additional insured and advertising injury", including medical under this Coverage Part is the lesser of: expenses, is the General Aggregate Limit a. The limits of insurance specified in a shown in the Declarations. written contract, written agreement or This General Aggregate Limit applies permit issued by a state or political separately to each of your 'locations" subdivision; or owned by or rented to you. b. The Limits of Insurance shown in the "Location" means premises involving the Declarations. same or connecting lots, or premises Such amount shall be a part of and not in whose connection is interrupted only by a addition to the Limits of Insurance shown in street, roadway or right-of-way of a the Declarations and described in this Section. railroad. Page 14 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM If more than one limit of insurance under this (1) Immediately send us copies of any policy and any endorsements attached thereto demands, notices, summonses or applies to any claim or"suit", the most we will pay legal papers received in connection under this policy and the endorsements is the with the claim or"suit"; single highest limit of liability of all coverages (2) Authorize us to obtain records and applicable to such claim or "suit". However, this other information; paragraph does not apply to the Medical Expenses (3) Cooperate with us in the investigation, limit set forth in Paragraph 3.above. settlement of the claim or defense The Limits of Insurance of this Coverage Part apply against the"suit"; and separately to each consecutive annual period and to (4) Assist us, upon our request, in the any remaining period of less than 12 months, starting enforcement of any right against any with the beginning of the policy period shown in the person or organization that may be Declarations, unless the policy period is extended liable to the insured because of injury after issuance for an additional period of less than 12 or damage to which this insurance months. In that case, the additional period will be may also apply. deemed part of the last preceding period for purposes of determining the Limits of Insurance. d. Obligations At The Insured's Own Cost E. LIABILITY AND MEDICAL EXPENSES No insured will, except at that insured's own GENERAL CONDITIONS cost, voluntarily make a payment, assume any obligation, or incur any expense, other 1. Bankruptcy than for first aid,without our consent. Bankruptcy or insolvency of the insured or of e. Additional Insured's Other Insurance the insured's estate will not relieve us of our If we cover a claim or "suit" under this obligations under this Coverage Part. Coverage Part that may also be covered 2. Duties In The Event Of Occurrence, by other insurance available to an Offense, Claim Or Suit additional insured, such additional insured a. Notice Of Occurrence Or Offense must submit such claim or "suit" to the You or any additional insured must see to other insurer for defense and indemnity. it that we are notified as soon as However, this provision does not apply to practicable of an "occurrence" or an the extent that you have agreed in a offense which may result in a claim. To written contract, written agreement or the extent possible, notice should include: permit that this insurance is primary and non-contributory with the additional (1) How, when and where the "occurrence" insured's own insurance. or offense took place; f. Knowledge Of An Occurrence, Offense, (2) The names and addresses of any Claim Or Suit injured persons and witnesses; and Paragraphs a. and b. apply to you or to (3) The nature and location of any injury any additional insured only when such or damage arisingout of the "occurrence", offense, claim or "suit" is "occurrence" or offense. known to: b. Notice Of Claim (1) You or any additional insured that is If a claim is made or "suit" is brought an individual; against any insured, you or any additional (2) Any partner, if you or an additional insured must: insured is a partnership; (1) Immediately record the specifics of the (3) Any manager, if you or an additional claim or "suit" and the date received; insured is a limited liability company; and (4) Any "executive officer" or insurance (2) Notify us as soon as practicable. manager, if you or an additional You or any additional insured must see to insured is a corporation; it that we receive a written notice of the (5) Any trustee, if you or an additional claim or"suit" as soon as practicable. insured is a trust; or c. Assistance And Cooperation Of The (6) Any elected or appointed official, if you Insured or an additional insured is a political You and any other involved insured must: subdivision or public entity. Form SS 00 08 04 05 Page 15 of 24 BUSINESS LIABILITY COVERAGE FORM This Paragraph f. applies separately to (3) We have issued this policy in reliance you and any additional insured. upon your representations. 3. Financial Responsibility Laws b. Unintentional Failure To Disclose a. When this policy is certified as proof of Hazards financial responsibility for the future under If unintentionally you should fail to disclose the provisions of any motor vehicle all hazards relating to the conduct of your financial responsibility law, the insurance business at the inception date of this provided by the policy for "bodily injury" Coverage Part, we shall not deny any liability and "property damage" liability will coverage under this Coverage Part comply with the provisions of the law to because of such failure. the extent of the coverage and limits of 7. Other Insurance insurance required by that law. If other valid and collectible insurance is b. With respect to "mobile equipment' to available for a loss we cover under this which this insurance applies, we will Coverage Part, our obligations are limited as provide any liability, uninsured motorists, follows: underinsured motorists, no-fault or other coverage required by any motor vehicle a. Primary Insurance law. We will provide the required limits for This insurance is primary except when b. those coverages. below applies. If other insurance is also 4. Legal Action Against Us primary, we will share with all that other No person or organization has a right under insurance by the method described in c. this Coverage Form: below. a. To join us as a party or otherwise bring us b. Excess Insurance into a "suit" asking for damages from an This insurance is excess over any of the insured; or other insurance, whether primary, excess, b. To sue us on this Coverage Form unless contingent or on any other basis: all of its terms have been fully complied (1) Your Work with. That is Fire, Extended Coverage, A person or organization may sue us to recover Builder's Risk, Installation Risk or on an agreed settlement or on a final judgment similar coverage for"your work"; against an insured; but we will not be liable for (2) Premises Rented To You damages that are not payable under the terms of this insurance or that are in excess of the That is fire, lightning or explosion applicable limit of insurance. An agreed insurance for premises rented to you or temporarily occupied by you with settlement means a settlement and release of liability signed by us, the insured and the permission of the owner; claimant or the claimant's legal representative. (3) Tenant Liability 5. Separation Of Insureds That is insurance purchased by you to Except with respect to the Limits of Insurance, cover your liability as a tenant for and any rights or duties specifically assigned property damage to premises rented to you or temporarily occupied by you in this policy to the first Named Insured, this with permission of the owner; insurance applies: a. As if each Named Insured were the only (4) Aircraft,Auto Or Watercraft Named Insured; and If the loss arises out of the maintenance b. Separately to each insured against whom or use of aircraft, "autos"or watercraft to a claim is made or"suit" is brought. the extent not subject to Exclusion g. of Section A.—Coverages. 6. Representations (5) Property Damage To Borrowed a. When You Accept This Policy Equipment Or Use Of Elevators By accepting this policy, you agree: If the loss arises out of "property (1) The statements in the Declarations damage" to borrowed equipment or are accurate and complete; the use of elevators to the extent not (2) Those statements are based upon subject to Exclusion k. of Section A. — representations you made to us; and Coverages. Page 16 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM (6) When You Are Added As An When this insurance is excess over other Additional Insured To Other insurance, we will pay only our share of Insurance the amount of the loss, if any, that That is other insurance available to exceeds the sum of: you covering liability for damages (1) The total amount that all such other arising out of the premises or insurance would pay for the loss in the operations, or products and completed absence of this insurance; and operations, for which you have been (2) The total of all deductible and self- added as an additional insured by that insured amounts under all that other insurance; or insurance. (7) When You Add Others As An We will share the remaining loss, if any, with Additional Insured To This any other insurance that is not described in Insurance this Excess Insurance provision and was not That is other insurance available to an bought specifically to apply in excess of the additional insured. Limits of Insurance shown in the However, the following provisions Declarations of this Coverage Part. apply to other insurance available to c. Method Of Sharing any person or organization who is an If all the other insurance permits additional insured under this Coverage contribution by equal shares, we will follow Part: this method also. Under this approach, (a) Primary Insurance When each insurer contributes equal amounts Required By Contract until it has paid its applicable limit of This insurance is primary if you insurance or none of the loss remains, have agreed in a written contract, whichever comes first. written agreement or permit that If any of the other insurance does not permit this insurance be primary. If other contribution by equal shares, we will insurance is also primary, we will contribute by limits. Under this method,each share with all that other insurance insurer's share is based on the ratio of its by the method described in c. applicable limit of insurance to the total below. applicable limits of insurance of all insurers. (b) rimary And Non-Contributory 8. Transfer Of Rights Of Recovery Against To Other Insurance When Others To Us Required By Contract a. Transfer Of Rights Of Recovery If you have agreed in a written If the insured has rights to recover all or contract, written agreement or part of any payment, including permit that this insurance is Supplementary Payments, we have made primary and non-contributory with under this Coverage Part, those rights are the additional insured's own transferred to us. The insured must do insurance, this insurance is nothing after loss to impair them. At our primary and we will not seek request, the insured will bring "suit" or contribution from that other transfer those rights to us and help us insurance. enforce them. This condition does not Paragraphs (a) and (b) do not apply to apply to Medical Expenses Coverage. other insurance to which the additional b. Waiver Of Rights Of Recovery (Waiver insured has been added as an Of Subrogation) additional insured. If the insured has waived any rights of When this insurance is excess, we will recovery against any person or have no duty under this Coverage Part to organization for all or art of an payment, 9 p YP Y , defend the insured against any "suit" if any including Supplementary Payments, we other insurer has a duty to defend the have made under this Coverage Part, we insured against that "suit". If no other also waive that right, provided the insured insurer defends, we will undertake to do waived their rights of recovery against so, but we will be entitled to the insured's such person or organization in a contract, rights against all those other insurers. agreement or permit that was executed prior to the injury or damage. Form SS 00 08 04 05 Page 17 of 24 BUSINESS LIABILITY COVERAGE FORM F. OPTIONAL ADDITIONAL INSURED 3. Additional Insured -Grantor Of Franchise COVERAGES WHO IS AN INSURED under Section C. is If listed or shown as applicable in the Declarations, amended to include as an additional insured one or more of the following Optional Additional the person(s) or organization(s) shown in the Insured Coverages also apply. When any of these Declarations as an Additional Insured - Optional Additional Insured Coverages apply, Grantor Of Franchise, but only with respect to Paragraph 6. (Additional Insureds When Required their liability as grantor of franchise to you. by Written Contract, Written Agreement or Permit) 4. Additional Insured - Lessor Of Leased of Section C., Who Is An Insured, does not apply Equipment to the person or organization shown in the a. WHO IS AN INSURED under Section C. is Declarations. These coverages are subject to the amended to include as an additional terms and conditions applicable to Business insured the person(s) or organization(s) Liability Coverage in this policy, except as shown in the Declarations as an Additional provided below: Insured — Lessor of Leased Equipment, 1. Additional Insured - Designated Person Or but only with respect to liability for "bodily Organization injury", "property damage" or "personal WHO IS AN INSURED under Section C. is and advertising injury" caused, in whole or amended to include as an additional insured in part, by your maintenance, operation or the person(s) or organization(s) shown in the use of equipment leased to you by such Declarations, but only with respect to liability person(s) or organization(s). for "bodily injury", "property damage" or b. With respect to the insurance afforded to "personal and advertising injury" caused, in these additional insureds, this insurance whole or in part, by your acts or omissions or does not apply to any 'occurrence" which the acts or omissions of those acting on your takes place after you cease to lease that behalf: equipment. a. In the performance of your ongoing 5. Additional Insured - Owners Or Other operations; or Interests From Whom Land Has Been b. In connection with your premises owned Leased by or rented to you. a. WHO IS AN INSURED under Section C. is 2. Additional Insured - Managers Or Lessors amended to include as an additional Of Premises insured the person(s) or organization(s) shown in the Declarations as an Additional a. WHO IS AN INSURED under Section C. is Insured —Owners Or Other Interests From amended to include as an additional insured Whom Land Has Been Leased, but only the person(s)or organization(s)shown in the with respect to liability arising out of the Declarations as an Additional Insured - ownership, maintenance or use of that part Designated Person Or Organization; but only of the land leased to you and shown in the with respect to liability arising out of the Declarations. ownership, maintenance or use of that part of the premises leased to you and shown in the b. With respect to the insurance afforded to Declarations. these additional insureds, the following additional exclusions apply: b. With respect to the insurance afforded to these additional insureds, the following This insurance does not apply to: additional exclusions apply: (1) Any 'occurrence" that takes place This insurance does not apply to: after you cease to lease that land; or (1) Any 'occurrence" which takes place (2) Structural alterations, new after you cease to be a tenant in that construction or demolition operations premises; or performed by or on behalf of such (2) Structural alterations, new person or organization. construction or demolition operations 6. Additional Insured - State Or Political performed by or on behalf of such Subdivision —Permits person or organization. a. WHO IS AN INSURED under Section C. is amended to include as an additional insured the state or political subdivision shown in the Declarations as an Additional Page 18 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM Insured — State Or Political Subdivision - (e) Any failure to make such Permits, but only with respect to inspections, adjustments, tests or operations performed by you or on your servicing as the vendor has agreed behalf for which the state or political to make or normally undertakes to subdivision has issued a permit. make in the usual course of b. With respect to the insurance afforded to business, in connection with the these additional insureds, the following distribution or sale of the products; additional exclusions apply: (f) Demonstration, installation, This insurance does not apply to: servicing or repair operations, except such operations performed (1) Bodily injury", property damage or at the vendor's premises in "personal and advertising injury" connection with the sale of the arising out of operations performed for product; the state or municipality; or (9) Products which, after distribution (2) "Bodily injury" or "property damage" included in the "product-completed or sale by you, have been labeled or relabeled or used as a operations" hazard. container, part or ingredient of any 7. Additional Insured—Vendors other thing or substance by or for a. WHO IS AN INSURED under Section C. is the vendor; or amended to include as an additional (h) "Bodily injury" or "property insured the person(s) or organization(s) damage" arising out of the sole (referred to below as vendor) shown in the negligence of the vendor for its Declarations as an Additional Insured - own acts or omissions or those of Vendor, but only with respect to "bodily its employees or anyone else injury" or "property damage" arising out of acting on its behalf. However, this "your products" which are distributed or exclusion does not apply to: sold in the regular course of the vendor's (i) The exceptions contained in business and only if this Coverage Part Subparagraphs d provides coverage for "bodily injury" or ( )or(fl; or "property damage" included within the (ii) Such inspections, "products-completed operations hazard". adjustments, tests or servicing b. The insurance afforded to the vendor is as the vendor has agreed to subject to the following additional exclusions: make or normally undertakesto make in the usual course of (1) This insurance does not apply to: business, in connection with (a) "Bodily injury" or "property the distribution or sale of the damage" for which the vendor is products. obligated to pay damages by (2) This insurance does not apply to any reason of the assumption of insured person or organization from liability in a contract or agreement. whom you have acquired such This exclusion does not apply to products, or any ingredient, part or liability for damages that the container, entering into, vendor would have in the absence accompanying or containing such of the contract or agreement; products. (b) Any express warranty 8. Additional Insured —Controlling Interest unauthorized by you; WHO IS AN INSURED under Section C. is (c) Any physical or chemical change amended to include as an additional insured in the product made intentionally the person(s) or organization(s) shown in the by the vendor; Declarations as an Additional Insured — (d) Repackaging, unless unpacked Controlling Interest, but only with respect to solely for the purpose of inspection, their liability arising out of: demonstration, testing, or the a. Their financial control of you; or substitution of parts under b. Premises they own, maintain or control instructions from the manufacturer, while you lease or occupy these premises. and then repackaged in the original container; Form SS 00 08 04 05 Page 19 of 24 BUSINESS LIABILITY COVERAGE FORM This insurance does not apply to structural The limits of insurance that apply to additional alterations, new construction and demolition insureds are described in Section D. — Limits Of operations performed by-or for that person or Insurance. organization. How this insurance applies when other insurance 9. Additional Insured — Owners, Lessees Or is available to an additional insured is described in Contractors — Scheduled Person Or the Other Insurance Condition in Section E. — Organization Liability And Medical Expenses General a. WHO IS AN INSURED under Section C. is Conditions. amended to include as an additional G. LIABILITY AND MEDICAL EXPENSES insured the person(s) or organization(s) DEFINITIONS shown in the Declarations as an Additional Insured —Owner, Lessees Or Contractors, 1. "Advertisement" means the widespread public but only with respect to liability for "bodily dissemination of information or images that injury", "property damage" or "personal has the purpose of inducing the sale of goods, and advertising injury" caused, in whole or products or services through: in part, by your acts or omissions or the a. (1) Radio; acts or omissions of those acting on your (2) Television; behalf: (3) Billboard; (1) In the performance of your ongoing operations for the additional (4) Magazine; i (5) Newspaper; nsured(s); or (2) In connection with "your work" b. The Internet, but only that part of a web performed for that additional insured site that is about goods, products or and included within the "products- services for the purposes of inducing the completed operations hazard", but sale of goods, products or services; or only if this Coverage Part provides c. Any other publication that is given coverage for "bodily injury" or widespread public distribution. "property damage" included within the However, "advertisement"does not include: products-completed operations hazard". a. The design, printed material, information or images contained in, on or upon the b. With respect to the insurance afforded to packaging or labeling of any goods or these additional insureds, this insurance products; or does not apply to "bodily injury", "property damage" or "personal an advertising b. An interactive conversation between or injury" arising out of the rendering of, or among persons through a computer network. the failure to render, any professional 2. "Advertising idea" means any idea for an architectural, engineering or surveying "advertisement". services, including: 3. "Asbestos hazard" means an exposure or (1) The preparing, approving, or failure to threat of exposure to the actual or alleged prepare or approve, maps, shop properties of asbestos and includes the mere drawings, opinions, reports, surveys, presence of asbestos in any form. field orders, change orders, designs or 4. "Auto" means a land motor vehicle, trailer or drawings and specifications; or semi-trailer designed for travel on public (2) Supervisory, inspection, architectural roads, including any attached machinery or or engineering activities. equipment. But "auto" does not include 10. Additional Insured — Co-Owner Of Insured "mobile equipment'. Premises 5. "Bodily injury" means physical: WHO IS AN INSURED under Section C. is a. Injury; amended to include as an additional insured b. Sickness; or the person(s) or Organization(s) shown in the c. Disease Declarations as an Additional Insured — Co- Owner Of Insured Premises, but only with sustained by a person and, if arising out of the respect to their liability as co-owner of the above, mental anguish or death at any time. premises shown in the Declarations. 6. "Coverage territory" means: Page 20 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM a. The United States of America (including its b. You have failed to fulfill the terms of a territories and possessions), Puerto Rico contract or agreement; and Canada; if such property can be restored to use by: b. International waters or airspace, but only if a. The repair, replacement, adjustment or the injury or damage occurs in the course removal of "your product" or "your work"; of travel or transportation between any or places included in a. above; b. Your fulfilling the terms of the contract or c. All other parts of the world if the injury or agreement. damage arises out of: 12. "Insured contract" means: (1) Goods or products made or sold by you in the territory described in a.above; a. A contract for a lease of premises. However, that portion of the contract for a (2) The activities of a person whose home lease of premises that indemnifies any is in the territory described in a. person or organization for damage by fire, above, but is away for a short time on lightning or explosion to premises while your business; or rented to you or temporarily occupied by (3) "Personal and advertising injury" you with permission of the owner is offenses that take place through the subject to the Damage To Premises Internet or similar electronic means of Rented To You limit described in Section communication D. — Liability and Medical Expenses Limits provided the insured's responsibility to pay of Insurance. damages is determined in the United States of b. A sidetrack agreement; America (including its territories and c. Any easement or license agreement, possessions), Puerto Rico or Canada, in a including an easement or license suit on the merits according to the agreement in connection with construction substantive law in such territory, or in a or demolition operations on or within 50 settlement we agree to. feet of a railroad; 7. "Electronic data" means information, facts or d. Any obligation, as required by ordinance, programs: to indemnify a municipality, except in a. Stored as or on; connection with work for a municipality; b. Created or used on; or e. An elevator maintenance agreement; or c. Transmitted to or from f. That part of any other contract or computer software, including systems and agreement pertaining to your business applications software, hard or floppy disks, (including an indemnification of a CD-ROMS, tapes, drives, cells, data municipality in connection with work processing devices or any other media which performed for a municipality) under which are used with electronically controlled you assume the tort liability of another equipment. party to pay for "bodily injury" or "property 8. "Employee" includes a "leased worker". damage" to a third person or organization, "Employee" does not include a "temporary provided the "bodily injury" or "property worker". damage" is caused, in whole or in part, by you or by those acting on your behalf. 9. "Executive officer" means a person holding Tort liability means a liability that would be any of the officer positions created by your imposed by law in the absence of any charter, constitution, by-laws or any other contract or agreement. similar governing document. Paragraph f. includes that part of any 10. "Hostile fire" means one which becomes contract or agreement that indemnifies a uncontrollable or breaks out from where it was railroad for "bodily injury" or "property intended to be. damage" arising out of construction or 11. "Impaired property" means tangible property, demolition operations within 50 feet of any other than "your product" or "your work", that railroad property and affecting any railroad cannot be used or is less useful because: bridge or trestle, tracks, road-beds, tunnel, a. It incorporates "your product' or "your work" underpass or crossing. that is known or thought to be defective, However, Paragraph f. does not include deficient, inadequate or dangerous;or that part of any contract or agreement: Form SS 00 08 04 05 Page 21 of 24 BUSINESS LIABILITY COVERAGE FORM (1) That indemnifies an architect, (1) Power cranes, shovels, loaders, engineer or surveyor for injury or diggers or drills; or damage arising out of: (2) Road construction or resurfacing (a) Preparing, approving or failing to equipment such as graders, scrapers prepare or approve maps, shop or rollers; drawings, opinions, reports, e. Vehicles not described in a., b., c., or d. surveys, field orders, change above that are not self-propelled and are orders, designs or drawings and maintained primarily to provide mobility to specifications; or permanently attached equipment of the (b) Giving directions or instructions, following types: or failing to give them, if that is the (1) Air compressors, pumps and primary cause of the injury or generators, including spraying, damage; or welding, building cleaning, (2) Under which the insured, if an geophysical exploration, lighting and architect, engineer or surveyor, well servicing equipment; or assumes liability for an injury or (2) Cherry pickers and similar devices damage arising out of the insured's used to raise or lower workers; rendering or failure to render professional services, including those f. Vehicles not described in a., b., c., or d. listed in (1) above and supervisory, above maintained primarily for purposes inspection, architectural or other than the transportation of persons or engineering activities. cargo. 13. "Leased worker" means a person leased to However, self-propelled vehicles with the you by a labor leasing firm under an following types of permanently attached agreement between you and the labor leasing equipment are not "mobile equipment' but firm, to perform duties related to the conduct of will be considered "autos": your business. "Leased worker" does not (1) Equipment, of at least 1,000 pounds include a "temporary worker". gross vehicle weight, designed 14. "Loading or unloading" means the handling of primarily for: property: (a) Snow removal; a. After it is moved from the place where it is (b) Road maintenance, but not accepted for movement into or onto an construction or resurfacing; or aircraft, watercraft or"auto"; (c) Street cleaning; b. While it is in or on an aircraft, watercraft or (2) Cherry pickers and similar devices "auto"; or mounted on automobile or truck c. While it is being moved from an aircraft, chassis and used to raise or lower watercraft or"auto" to the place where it is workers; and finally delivered; (3) Air compressors, pumps and but "loading or unloading" does not include the generators, including spraying, movement of property by means of a mechanical welding, building cleaning, device, other than a hand truck, that is not geophysical exploration, lighting and attached to the aircraft,watercraft or"auto". well servicing equipment. 15. "Mobile equipment" means any of the following 16. "Occurrence" means an accident, including types of land vehicles, including any attached continuous or repeated exposure to substantially machinery or equipment: the same general harmful conditions. a. Bulldozers, farm machinery, forklifts and 17. "Personal and advertising injury" means injury, other vehicles designed for use principally including consequential "bodily injury", arising off public roads; out of one or more of the following offenses: b. Vehicles maintained for use solely on or a. False arrest, detention or imprisonment; next to premises you own or rent; b. Malicious prosecution; c. Vehicles that travel on crawler treads; d. Vehicles, whether self-propelled or not, on which are permanently mounted: Page 22 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM c. The wrongful eviction from, wrongful entry Work that may need service, maintenance, into, or invasion of the right of private correction, repair or replacement, but occupancy of a room, dwelling or which is otherwise complete, will be premises that the person occupies, treated as completed. committed by or on behalf of its owner, The "bodily injury" or "property damage" landlord or lessor; must occur away from premises you own d. Oral, written or electronic publication of or rent, unless your business includes the material that slanders or libels a person or selling, handling or distribution of "your organization or disparages a person's or product" for consumption on premises you organization's goods, products or services; own or rent. e. Oral, written or electronic publication of b. Does not include "bodily injury" or material that violates a person's right of "property damage" arising out of: privacy; 1 The transportation of property,( ) p p p rty, unless f. Copying, in your "advertisement", a the injury or damage arises out of a person's or organization's "advertising condition in or on a vehicle not owned idea" or style of"advertisement"; or operated by you, and that condition g. Infringement of copyright, slogan, or title of was created by the "loading or any literary or artistic work, in your unloading" of that vehicle by any "advertisement"; or insured; or h. Discrimination or humiliation that results in (2) The existence of tools, uninstalled injury to the feelings or reputation of a equipment or abandoned or unused natural person. materials. 18. "Pollutants" means any solid, liquid, gaseous or 20. "Property damage" means: thermal irritant or contaminant, including smoke, a. Physical injury to tangible property, vapor, soot, fumes, acids, alkalis, chemicals and including all resulting loss of use of that waste. Waste includes materials to be recycled, property. All such loss of use shall be reconditioned or reclaimed. deemed to occur at the time of the 19. "Products-completed operations hazard"; physical injury that caused it; or a. Includes all "bodily injury" and "property b. Loss of use of tangible property that is not damage" occurring away from premises physically injured. All such loss of use you own or rent and arising out of "your shall be deemed to occur at the time of product' or"your work" except: "occurrence" that caused it. (1) Products that are still in your physical As used in this definition, "electronic data" is possession; or not tangible property. (2) Work that has not yet been completed 21. "Suit" means a civil proceeding in which or abandoned. However, "your work" damages because of "bodily injury", "property will be deemed to be completed at the damage" or "personal and advertising injury" earliest of the following times: to which this insurance applies are alleged. (a) When all of the work called for in "Suit" includes: your contract has been completed. a. An arbitration proceeding in which such (b) When all of the work to be done at damages are claimed and to which the the job site has been completed if insured must submit or does submit with your contract calls for work at our consent; or more than one job site. b. Any other alternative dispute resolution (c) When that part of the work done at proceeding in which such damages are a job site has been put to its claimed and to which the insured submits intended use by any person or with our consent. organization other than another 22. "Temporary worker" means a person who is contractor or subcontractor furnished to you to substitute for a permanent working on the same project. "employee" on leave or to meet seasonal or short-term workload conditions. 23. "Volunteer worker" means a person who: a. Is not your"employee"; Form SS 00 08 04 05 Page 23 of 24 BUSINESS LIABILITY COVERAGE FORM b. Donates his or her work; (2) The providing of or failure to provide c. Acts at the direction of and within the warnings or instructions. scope of duties determined by you; and c. Does not include vending machines or d. Is not paid a fee, salary or other other property rented to or located for the compensation by you or anyone else for use of others but not sold. their work performed for you. 25. "Your work": 24. "Your product": a. Means: a. Means: (1) Work or operations performed by you (1) Any goods or products, other than real or on your behalf; and property, manufactured, sold, handled, (2) Materials, parts or equipment distributed or disposed of by: furnished in connection with such work (a) You; or operations. (b) Others trading under your name; b. Includes: or (1) Warranties or representations made at (c) A person or organization whose any time with respect to the fitness, business or assets you have quality, durability, performance or use acquired; and of"your work"; and (2) Containers (other than vehicles), (2) The providing of or failure to provide materials, parts or equipment warnings or instructions. furnished in connection with such goods or products. b. Includes: (1) Warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of"your product"; and Page 24 of 24 Form SS 00 08 04 05 POLICY NUMBER: 72 SBM AF0131 it THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - VENDOR CITY OF EL SEGUNDO C/O GARLAND ASSOCIATES INC 350 MAIN STREET EL SEGUNDO, CA 90245 Form IH 12 00 11 85 T SEQ. NO. 002 Printed in U.S.A. Page 001 Process Date: 06/23/17 Expiration Date: 09/08/18 Capitol Indemnity Corporation P,0.Box 5900 A Stock Company Madison,WI 53705-0900 WHAT TO DO IF YOU HAVE A CLAIM OR POTENTIAL CLAIM OR INCIDENT Send all notices of claims or potential claim notices, as well as other required material to: Email (preferred): claims@ CapSpecialmc,pm, Or Mailing Address: Capitol Indemnity Corporation Claims Department P. O. Box 5900 Madison, WI 53705 Or Overnight/Express: Capitol Indemnity Corporation Claims Department 1600 Aspen Commons Suite 300 Middleton, WI 53562 Or Facsimile: (608) 829-7411 Or Toll Free: (800) 475-4450 (Select #3 for Claims) Please reference your policy for complete details relating to reporting requirements in connection with claims or potential claims, including what to include in your notices. N-200(09/16) 0 2016 CapSpecialty,Inc.All rights reserved. Page 1 of 1 Y G,'I'Iu,a N'Ar+n Lur"Y'4tus bN,d, "N ."Y,a wd'G'u AIdW G,0.eM H!:Nnl RI,R19,ddN� 11-1,,A d'nr a,V[blw Mll•J,fS NUGeb 9",04f1d,J"wG tfb'eu u',ut Gp✓9,;u'G A,p,u A'.u,'axV W Capitol Indemnity Corporation A Stock Company P. O. Box 5900 Madison, WI 53705-0900 (herein called the "Company") Declarations Miscellaneous E&O Policy Policy No.: SGC05779-03 Renewal of No.: SGCO5779-02 THIS MISCELLANEOUS E&O POLICY IS A CLAIMS MADE FORM. COVERAGE APPLIES ONLY TO CLAIMS FIRST MADE DURING THE POLICY PERIOD OR ANY EXTENDED REPORTING PERIOD. THE POLICY DOES NOT COVER CLAIMS ARISING OUT OF ERRONEOUS ACTS THAT OCCUR PRIOR TO THE RETROACTIVE DATE OF THE POLICY i OR AFTER THE EXPIRATION DATE OF THE POLICY. THERE MAY BE A DEDUCTIBLE FOR WHICH THE INSURED IS RESPONSIBLE. THE LIMIT OF INSURANCE AVAILABLE TO PAY DAMAGES WILL NOT BE REDUCED OR EXHAUSTED BY THE PAYMENT OF CLAIM EXPENSES. WORDS AND PHRASES, OTHER THAN TITLES OR CAPTIONS, APPEARING IN BOLD PRINT HAVE SPECIAL MEANING AND ARE DEFINED IN SECTION V- DEFINITIONS OF THE POLICY FORM. 0 In return for the payment of the premium, and subject to all terms and conditions of this Policy, the Company agrees with the Named Insured first listed in the Declarations to provide the insurance as stated in this Policy, I� Item 1, Named Insured: Richard Garlandi, Item 2. 1 Named Insured Primary Address: ro a 16787 Beach Boulevard, Suite 234 ql Huntington Beach, CA 92647 Item 3. 1 Other Named Insured(s): � Garland Associates Effective Date Expiration Date M Item 4. I Policy Period: November 05, 2017 November 05, 2018 12:01 AM standard time at the address of the Named Insured first listed in the Declarations., ] Item 5. Retroactive Date: February 15, 2002 E Item 6. I Limit of Insurance: a. $ 1,000,000 Each Erroneous Act b. $ 1,000,000 Aggregate ,, Item 7, I Deductible: $ 0 Each Erroneous Act Item 8. Premium and Applicable Taxes/ Fees: Policy Period Premium: $ 500.00 X iw State Surcharge/Tax: $ Not Applicable 4 l q y,Wr Yn iNvd�Nv li Nw,rJd!x4Yun44a.GNnn'nrwNrYrd Nxr+No-+wW�'VrJnpvMurp�,vnxNrNVN•'+YrvlHlnprn fµ.4n Y+ImNYf mlr-'y+u yu„e6TlI'M rB!inMrtinrNNNtlNVav+VdVwBMkI4MX�FN,v KrvPo'N64md GmA°d Nd•JWNrATMdnb IXAM1'+ManN qmiAllPetnim+vNMw,9MWfy-0141I Wig'M4NNJNWOiMW'vf>rrlrv'M'GNW!T'{pNunArR'VWfrw14XMFMv'er WrµMfµnVNYfdWµywnNWlVxFrMV!"grW,ilM1tlkf'GAP:{{wB,MANMiPPaWuq"NYdil'N'timNrPoH4dMd'M1lvrr1xImM1YvNrf nH!RnRv"MAY! D-1-M-CO1000 (2-14) Copyright 2011,Capitol Transamerica Corporation Page 1 of 2 A'1 M,NP 1.X. RP'u. N IM V:11',1d,"{'.ry,Y,11',LIM Y'Y.AY panYM .fid IIV14,p',A 'Ytlr I.W,9V,N Nn 1,4 NA A',u,"NN NIIv,W'""1 Y'NA"I,,.J','M Y'X N1 'Y,W&Yd,J v'd'Y JIJ,J.,v'y.,w x., 4Vt 4'F 0.'W db ',1',A4a nYNJ,N Nd Yda4a.`.w u,,to e'¢,x„tu uu r Capitol Indemnity Corporation ' A Stock Company ;I P. O. Box 5900 Madison, WI 53705-0900 (herein called the "Company") Declarations c Policy No.: SGCO5779-03 Named Insured: Richard Garland N s Item 9. 1 Insured Activities: Preparation of traffic flow and parking flow research/data. w i, Item 10.1 Forms and Endorsements; ^i WHAT TO DO IF YOU HAVE A CLAIM OR POTENTIAL CLAIM OR INCIDENT N-200(09/16) Miscellaneous E&O Policy P-I-M-CO2000 (1-14) 1 Consultant Change Endorsement E-I-M-5042 (2-14) 2 Definition of Insured Exclusion Endorsement- Independent Contractors E-1-4014 (1-14) 3 Nuclear Energy Liability Exclusion Endorsement E-1-8115 (1-14) r 4 California -Cancellation; No Obligation to Renew Change Endorsement E-1-8030-CA(1-14) IMPORTANT NOTICEI N-111 (1-14) I' 0 �I t i, I M' I a, i i v Ii w ��. . Datew November 17, 2017 09:31;1,4 AM t Authorized Repres r aiiv'e ;^ w Date; n Countersigning Agent @,a„w'rva wr,'a'n,xrna ngw w rvaa„wr r v ,,,,w a eP',,x.wwe a.v4=vwY,rwdarp 4' rw«Aewi orva v,a+wr,,wawwrorx wuww.rwxav,uaavr w Y,v«'a,aesr'r a.n«s,e nr,'rrd+d'.:, rve�dM1l x ra'pwa emrrrb l r„a sir+r,.ui v uae wr',wa ,wlwpu¢x«w a r daaww,r'm fi«b•arYvawix As"ov.wrrwa,av Iwl,is,.w.',«'ovNluraavvvwwb D-I-M-CO1000 (2-14) Copyright 2011,Capitol Transamerica Corporation Page 2 of 2 Capitol Indemnity Corporation P. O. Box 5900 Madison, WI 53705-0900 Miscellaneous E&O Policy (Claim Expenses are in Addition to the Policy Limit) THE MISCELLANEOUS E&O POLICY IS A CLAIMS MADE FORM. COVERAGE APPLIES ONLY TO CLAIMS FIRST MADE DURING THE POLICY PERIOD OR ANY EXTENDED REPORTING PERIOD. THE POLICY DOES NOT COVER CLAIMS ARISING OUT OF ERRONEOUS ACTS THAT OCCUR PRIOR TO THE RETROACTIVE DATE OF THE POLICY OR AFTER THE EXPIRATION DATE OF THE POLICY. THE LIMIT OF INSURANCE AVAILABLE TO PAY DAMAGES WILL NOT BE REDUCED OR EXHAUSTED BY THE PAYMENT OF CLAIM EXPENSES. Various provisions in this Policy restrict coverage. Read the entire Policy carefully to determine rights, duties and what is and is not covered. Words and phrases, other than Titles or Captions, appearing in bold print have special meaning. Refer to SECTION V - DEFINITIONS. SECTION I - COVERAGES 1. Insuring Agreement a. The Company will pay on an Insured's behalf, those sums in excess of the Deductible that an Insured becomes legally obligated to pay as Damages or Claim Expenses because of Claims first made during the Policy Period or any Extended Reporting Period and resulting from the following actual or alleged Erroneous Acts by an Insured or by any person or organization for which an Insured is legally liable, and which results from the performance of Insured Activities. Erroneous Acts means any of the following: (1) Negligence Negligent acts, errors or omissions. (2) Personal Injury and Privacy (a) Libel, trade libel, slander, product disparagement, or any other form of defamation or harm to the character, feelings or reputation of any person or entity; (b)Infliction of emotional distress, mental anguish, outrage, or outrageous conduct, except when the emotional distress, mental anguish, outrage or outrageous conduct arises out of Bodily Injury; (c) Violation of a person's right to privacy, including false light and breach of confidence; (d)Infringement of the right of private occupancy including trespass, eavesdropping, intrusion, public disclosure of private facts and wireless signal interception; (e) False arrest, detention or imprisonment; (f) Wrongful entry into or eviction of a person from a room, dwelling or premises that the person occupies; (g)Malicious prosecution; or (h)Misappropriation of name or likeness. (3) Computer and Network Security Unintentional introduction of a virus or other malicious code into data or systems. b. The Company has the right and duty to defend a covered Claim against an Insured, regardless of whether the allegations of the Claim are meritless, false or fraudulent. The Company has the right to select defense counsel to defend the Insured. c. The Limit of Insurance available to pay Damages will not be reduced or exhausted by the payment of Claim Expenses. 2. Exclusions a. The Company is not liable for Damages or Claim Expenses or obligated to defend Claims arising out of actual or alleged: (1) Bodily Injury, including allegations of emotional distress, mental anguish, outrage or outrageous conduct resulting from Bodily Injury; (2) Property Damage; P-1-M-CO2000 (1-14) Copyright 2011,Capitol Transamerica Corporation,Inc. Page 1 of 8 Miscellaneous E&O Policy continued (3) Infringement of copyright, false attribution of authorship, passing off, plagiarism, piracy or misappropriation of ideas under implied contract; (4) Infringement of trademark, trade name, trade dress, service mark, service name, title or slogan; (5) Infringement of patent; (6) Unfair competition, restraint of trade, or any other violation of antitrust laws; (7) Misappropriation or theft of trade secrets; (8) Unlawful discrimination or harassment, including that based upon race, creed, color, religion, national origin, age, disability, sex, marital status or sexual orientation; (9) Employment related practices and policies of an Insured; (10) Gain, profit or advantage to which an Insured is not legally entitled; (11) Intentional removal from or denial of access to services an Insured has agreed to provide; (12) Liability assumed under any contract or agreement, but this exclusion does not apply to liability an Insured would have in the absence of such contract or agreement; (13) Acts by an Insured related to any pension, healthcare, welfare, profit sharing, mutual or investment plans, funds or trusts; or any violation of any provisions of the Employee Retirement Income Security Act of 1974(the "Act'), or any amendment, regulation, ruling or order issued pursuant to the Act or any similar provisions of any federal, state or local law; (14) Violation of: (a)The Securities Act of 1933 as amended; (b)The Securities Exchange Act of 1934 as amended; (c)Any state blue sky or securities law; (d)Any similar state or federal law; or (e)Any order,-ruling or regulation issued pursuant to the above laws; (15) Bankruptcy, insolvency, receivership, liquidation and/or cessation of operations of an Insured or other entity over which an Insured, by reason of ownership interest or otherwise, asserts influence or control; (16) Electrical failure, including any electrical power interruption or surge, brownout, blackout, short circuit, over voltage, induction, power fluctuations or satellite failure; regardless whether the electrical failure was caused by another event or condition; (17) Actual or threatened discharge, dispersal or release of any Pollutant; or the creation of an injurious condition involving any Pollutant; or the existence of any Pollutant on any property; or the cleanup, removal, testing, monitoring, containment, treatment, detoxification or neutralization of any Pollutant. This exclusion is effective whether or not the pollution was sudden, accidental, gradual, intended, expected or preventable and whether or not an Insured caused or contributed to the pollution; (18) Unauthorized access to, use of, or tampering with data or systems by any person; (19) Intentional introduction of a virus or other malicious code into data or systems; (20) False or misleading advertising about an Insured or its goods or services; (21) Criminal, dishonest, fraudulent, malicious or knowingly wrongful acts by any Insured. If a Claim would invoke the Company's duty to defend but for allegations of such acts, then the Company will defend the Claim until there is a finding by a jury, judge or arbitrator or an admission by an Insured, or by a person who would be an Insured if that person had not acted outside the scope of their duties, that there were such acts. The Company will not pay any settlement or judgment associated with such finding or admission, and the Company retains the right to seek reimbursement of Claim Expenses paid from the party found to have committed such acts or made such an admission. In no event will the Company defend any Insured against or in criminal proceedings, regardless of the allegations; (22) Breach of contract; however, this does not exclude Claims alleging negligent performance of Insured Activities; (23) Breach of warranty or guarantee; or (24) Misconduct raised in an administrative or regulatory action brought by any governmental agency or entity, P-I-M-CO2000 (1-14) Copyright 2011,Capitol Transamerica Corporation,Inc. Page 2 of 8 Miscellaneous E&O Policy continued b. The Company is not liable for Damages or Claim Expenses or obligated to defend Claims made by or on behalf of: (1) Any entity which is a parent, affiliate, subsidiary, co-venturer or partner of an Insured or any other entity over which an Insured, by reason of ownership interest or otherwise, asserts influence or control; (2) Any entity directly or indirectly controlled, operated or managed by an entity described in SECTION I- COVERAGES 2.b.(1) above; (3) Any provider who has supplied, is supplying or is to supply Content, goods or services, if the Claim arises out of a dispute over fees for, or title, ownership or exercise of rights in, the Content, goods or services provided; or (4) Any Insured. SECTION II- WHO IS AN INSURED 1. A Named Insured. A Named Insured is the person(s) or entity(ies) designated in the Declarations. 2. If the Named Insured is: a. An individual, the individual's spouse and current and former employees are Insureds, but only with respect to the performance of Insured Activities, b. A partnership or joint venture, the partnership or joint venture's current and former members, partners and employees and the Named Insured's spouses are Insureds, but only with respect to the performance of Insured Act ivit ies. c. A limited liability company, its current and former members, managers and employees are Insureds, but only with respect to the performance of Insured Activities. d. An organization other than a partnership, joint venture or limited liability company, the organization's current and former officers, directors and employees are Insureds, but only with respect to the performance of Insured Activities, The Named Insured's stockholders are also Insureds, but only with respect to Claims arising out of the performance of Insured Activites. 3. Independent Contractors, but only for liability arising from performance of their duties as described by written contract with a Named Insured and from performance of Insured Activities. 4. The estate, heirs, assigns or legal representatives of an Insured, individually and collectively, in the event of death, bankruptcy or incompetency of an Insured under this Policy, but only for Claims arising from the Erroneous Acts of such deceased, bankrupt or incompetent Insured. 5. Any organization newly acquired or formed during the Policy Period and over which a Named Insured maintains more than 50%ownership interest, will qualify as a Named Insured if there is no other similar insurance available to the organization; however, coverage for the newly acquired or formed organization applies only if the following conditions are met: a. Coverage under this provision is afforded only until the 90th day after the acquisition or formation, or the end of the Policy Period, whichever is earlier; provided that within this period a Named Insured: (1) advises the Company of the acquisition or formation of the new organization; (2) provides information as requested by the Company for evaluation; and (3) pays any additional Premium the Company assesses as a result of the change. b. The Company issues an endorsement to include the newly acquired or formed organization. Coverage applies only to Insured Activities performed on or after the date of creation, formation or acquisition of the new organization. SECTION III- LIMIT OF INSURANCE AND DEDUCTIBLE 1. Limit of Insurance a. The Each Erroneous Act Limit of Insurance specified in the Declarations is the most the Company will pay for Damages for the total of all Claims made during the Policy Period and any Extended Reporting Period arising from each Erroneous Act no matter how many: (1) Insureds this Policy covers; (2) Claims are made; or (3) Persons or organizations make Claims. P-1-M-CO2000 (1-14) Copyright 2011,Capitol Transamerica Corporation,Inc. Page 3 of 8 Miscellaneous E&O Policy continued b. The Aggregate Limit of Insurance specified in the Declarations is the most the Company will pay for Damages for the total of all Claims made during the Policy Period and any Extended Reporting Period, no matter how many: (1) Insureds this Policy covers; (2) Claims are made; (3) Persons or organizations make Claims; or (4) Erroneous Acts are committed. Each payment the Company makes for Damages reduces the Each Erroneous Act Limit of Insurance and the Aggregate Limit of Insurance. The Company will not be obligated to pay or reimburse any Damages or Claim Expenses or defend any Claim after the applicable Limit of Insurance is exhausted by the payment of Damages. 2. Deductible The Deductible amount is the amount specified in the Declarations for each Erroneous Act. The Company's obligation to pay Damages and Claim Expenses applies only to sums in excess of the Deductible. The application of the Deductible will not erode the Each Erroneous Act Limit of Insurance or the Aggregate Limit of Insurance. If the total of Damages and Claim Expenses for any Claim is within the Deductible, the Company will have no duty to pay Damages or Claim Expenses for the Claim. If, at the Company's option, the Company has paid part or all of any Deductible, the Insured will be obligated to reimburse such amounts to the Company upon demand. SECTION IV - CONDITIONS 1. Bankruptcy The bankruptcy or insolvency of an Insured or an Insured's estate will not relieve the Company of its obligations under this Policy nor deprive the Company of its rights or defenses under this Policy. 2. Duties In The Event of a Claim a. The Insured must notify the Company, in writing, as soon as practicable of a Claim or a circumstance or incident likely to result in a Claim. Refer to "WHAT TO DO IF YOU HAVE A CLAIM OR POTENTIAL CLAIM" notice attached to the front of this Policy for Claims Department contact information, The notice to the Company must include all of the following information: (1) The names of all persons and/or organizations involved in the Erroneous Act; (2) The specific person or organization likely to make the Claim; (3) A description of the time, place and nature of the Erroneous Act; and (4) A description of the potential damages; b. The Insured must send the Company copies of all demands, notices, settlement offers, summonses or legal papers received in connection with the Claim or potential Claim; c. Upon the Company's request, the Insured must authorize the Company to obtain records and other information; d. The Insured must cooperate with and assist the Company in the investigation, settlement and defense of the Claim; e. The Insured must cooperate with and assist the Company, upon the Company's request, in enforcing any rights of contribution or indemnity against another party who may be liable to an Insured; f. No Insured will, except at the Insured's own cost, voluntarily make a payment, assume any obligation, or incur any expense without the Company's consent; and g. The Company has the right to settle all Claims subject to the consent of the Named Insured first listed in the Declarations. The Company will not settle any Claim without the consent of such Named Insured. However, if such Named Insured refuses to consent to any settlement recommended by the Company, then the Company's liability for the Claim will be limited to the amount equal to the amount for which the Claim could have been settled, plus Claim Expenses incurred up to the date of such Named Insured's refusal to consent to settlement minus the amount of the Deductible specified in the Declarations. The Company will mail payment of that amount to the Named Insured first listed in the Declarations and will have no further obligation with respect to the Claim, The failure of the Named Insured first listed in the Declarations to express consent to a settlement recommended by the Company will be deemed refusal to consent to the settlement. P-I-M-CC2000 (1-14) Copyright 2011,Capitol Transamerica Corporation,Inc. Page 4 of 8 Miscellaneous E&O Policy continued 3. Legal Action Against the Company No person or organization has a right under this Policy: a. To join the Company as a party or otherwise bring the Company into a suit seeking Damages from an Insured; or b. To sue the Company, unless the Insured has fully complied with all terms and conditions of this Policy. 4. Other Insurance The insurance afforded by this Policy is excess over any other valid and collectible insurance available to the Insured, except insurance specifically arranged by the Named Insured first listed in the Declarations to apply in excess of this insurance. 5. When Coverage Applies a. Claims First Made Thais Policy applies to Claims first made against an Insured during the Policy Period. The Company will consider a Claim to be first made against an Insured when a written Claim is first received by an Insured during the Policy Period or any Extended Reporting Period. All terms and conditions of this Policy in effect on the date the Claim is first made will apply to the Claim. b. Erroneous Acts This Policy applies to Claims arising from Erroneous Acts that occur after the Retroactive Date and before the Expiration Date of this Policy, Such Claims will be covered: (1) Subject to all terms and conditions of the Policy; and (2) Unless an Insured had actual or constructive knowledge of the circumstance(s) or incident(s) which led to the Claim and reason to believe it would result in a Claim, prior to the Effective Date of the first Miscellaneous E&O Policy issued to an Insured by the Company or any affiliate therof. c. Reported Erroneous Acts This Policy applies to Claims first made against an Insured after the end of the Policy Period, but only if all of the following conditions are met: (1) The Erroneous Act is committed after the Retroactive Date and before the Expiration Date specified in the Declarations; (2) The Company receives written notice, including information as required in SECTION IV- CONDITIONS 2.a. of this Policy, from an Insured during the Policy Period of the Erroneous Act; (3) No Insured had actual or constructive knowledge, prior to the Effective Date of the first Miscellaneous E&O Policy issued by the Company or any affiliate thereof to an Insured, of a circumstance or incident that could reasonably have been expected to lead to the Claim; and (4) There is no other valid and collectible insurance for the Claim. A Claim first made after the end of the Policy Period and meeting all of the above conditions will be deemed to have been made on the last day of the Policy Period. All terms and conditions of this Policy in effect on that day will apply to the Claim. d. Multiple Claims All Claims arising from the same Erroneous Act will be considered to have been made on the earlier of the following times: (1) The date the first of those Claims is made against an Insured; or (2) The date the Company first receives an Insured's written notice of the Erroneous Act. Such notice must include information as required in SECTION IV- CONDITIONS 2.a. of this Policy, The terms and conditions of this Policy in effect on that date will apply to all such Claims. e. Related Erroneous Acts All Erroneous Acts that are committed after the Retroactive Date and before the Expiration Date of the last Miscellaneous E &O Policy issued to an Insured by the Company or any affiliate thereof, and are logically or causally connected by common facts, circumstances, transactions, events and/or decisions, will be treated under this Policy as one Erroneous Act and deemed to have occurred on the date of the first of the Erroneous Acts. P-I-M-CO2000 (1-14) Copyright 2011,Capitol Transamerica Corporation,Inc. Page 5 of 8 Miscellaneous E&O Policy continued 6. Representations By accepting this Policy the Insured agrees: a. The statements in the Application, along with any and all attachments submitted with the same, or in connection with the application process and furnished to the Company are true, accurate and complete; b. Those statements furnished to the Company are representations the Named Insured first listed in the Declarations made on behalf of all Insureds; c. Those representations are a material inducement to the Company to issue this Policy; d. The Company has issued this Policy in reliance upon those representations; and e. If this Policy is part of the renewal of a Policy issued by the Company, the Insured's representations include the representations made in all previous Applications for previous Policies issued by the Company. The Application, as well as any attachments thereto, furnished to the Company as part of the application process will be kept on file by the Company and deemed attached to this Policy as if physically attached to it. 7. Change in Operations or in Insured Activities This Policy applies only to Insured Activities as specified in the Declarations or added by endorsement. The Named Insured first listed in the Declarations agrees to notify the Company of any material changes to any Insured's operations or activities. If the Company determines that these changes in operations or activities result in a change to an Insured's exposure, the Company has the right to modify the coverage provided or make adjustments to the Premium or rates charged for any coverage provided. 8. Transfer of Rights of Recovery Against Others If the Insured has rights to recover all or part of any payment the Company has made under this Policy, those rights are transferred to the Company, The Insured must do nothing to impair those rights and at the Company's request, the Insured will transfer those rights to the Company and help the Company enforce them. 9. No Obligation to Renew The Company will not be obligated or required to renew this Policy. Any offer of renewal terms involving a change of Deductible, Premium, Limit of Insurance, or other terms and conditions will not constitute, nor be construed as, a refusal by the Company to renew the Policy. The Company may elect to non-renewthis Policy by mailing to the Named Insured first listed in the Declarations at least thirty (30) days advance written notice or notice as otherwise specified by state law. If notice is mailed, proof of mailing will be sufficient proof of notice. 10. Territory This Policy applies to Erroneous Acts committed anywhere in the world provided that the Claim is first brought in the United States of America(including its territories and possessions), Puerto Rico or Canada, 11. Extended Reporting Period a. In the event of cancellation or non-renewal of this Policy by the Company, for reasons other than non-payment of Premium and/or Deductible or non-compliance with the terms and conditions of this Policy, the Named Insured first listed in the Declarations will have the right to purchase an Extended Reporting Period as follows: (1) The right to purchase the Extended Reporting Period will terminate unless written notice by the Named Insured first listed in the Declarations of the intention to purchase it, together with payment of the additional Premium due, is received by the Company within thirty (30) days after the effective date of the cancellation or non- renewal; (2) An additional Premium, based upon the length of the Extended Reporting Period will apply. The additional Premium will be calculated as a percentage of the annual Premium as listed below, One Year - 75% Two Years - 125% Three Years - 150% Four Years - 175% Five Years - 200% The additional Premium for the Extended Reporting Period will be fully earned upon inception of the Extended Reporting Period. Once purchased, the Extended Reporting Period may not be cancelled; (3) A Claim made during the Extended Reporting Period will be deemed to have been made on the last day of the Policy Period. All terms and conditions of this Policy in effect on that day will apply to the Claim; and P-1-M-CO2000 (1-14) Copyright 2011,Capitol Transamerica Corporation,Inc. Page 6 of 8 Miscellaneous E&O Policy continued (4) The Extended Reporting Period does not extend the Policy Period or change the scope of coverage provided nor does it provide an additional or renewed Aggregate Limit of Insurance, It applies only to Claims made against an Insured during the Extended Reporting Period for Erroneous Acts that occur after the Retroactive Date and before the Expiration Date of the Policy. b. In the event the Named Insured first listed in the Declarations elects to cancel or non-renew this Policy, the Company may offer an Extended Reporting Period at its discretion. 12. Premiums and Deductibles The Named Insured first listed in the Declarations: a. Is responsible for the payment of all Premiums and Deductibles; and b. Will be the payee for any return Premiums the Company pays. 13. Cancellation a. The-Named Insured first listed in the Declarations may cancel this Policy by mailing or delivering to the Company advance written notice of cancellation. b. The Company may cancel this Policy by mailing or delivering to the Named Insured first listed in the Declarations written notice of cancellation at least: (1) Ten (10) days before the effective date of cancellation if the Company cancels for nonpayment of Premium; or (2) Thirty (30) days before the effective date of cancellation if the Company cancels for any other reason. c. The Company will mail or deliver notice to the last known mailing address of the Named Insured first listed in the Declarations. d. Notice of cancellation will state the effective date of cancellation. The Policy Period will end on that date. e. If this Policy is cancelled, the Company will send any Premium refund due to the Named Insured first listed in the Declarations. If the Company cancels, the refund will be pro rata. If the Named Insured first listed in the Declarations cancels, the refund will be calculated as 90%of the prorated return Premium. The cancellation will be effective even if the Company has not made or offered a refund. f. If notice is mailed, proof of mailing will be sufficient proof of notice. 14. Changes This Policy contains all the agreements between the Company and the Insured concerning the insurance afforded, The Named Insured first listed in the Declarations is authorized to make changes in the terms of this Policy with the Company's consent. The Policy's terms can be amended or waived only by endorsement issued by the Company and made a part of this Policy. 15. Transfer of Rights and Duties Under This Policy An Insured's rights and duties under this Policy may not be transferred without the Company's prior written consent except in the case of death of an individual Named Insured. If the Insured dies, the Insured's rights and duties will be transferred to the Insured's legal representative but only while acting within the scope of duties as the Insured's legal representative. SECTION V- DEFINITIONS Some bold-faced words may be defined in other parts of the Policy. 1. Bodily Injury means bodily injury, sickness or disease sustained by a person, including death resulting from any of these at any time. 2. Claim means a suit, a written demand or a written assertion of a legal right, any of which seek Damages against an Insured, or a suit for injunctive relief. 3. Claim Expenses means the following expenses incurred by the Company in the investigation, adjustment, negotiation, arbitration, mediation, settlement and defense of Claims: a. Expenses the Company incurs, other than salary, wages or expenses of the Company's regular employees; b. Reasonable fees charged by attorneys selected or pre-approved by the Company to defend an Insured; c. The cost of appeal bonds or bonds to release attachments, but only for bond amounts within the applicable Limit of Insurance, The Company will not apply for or furnish these bonds; and d. Reasonable expenses incurred by an Insured at the Company's request. P-1-M-CO2000 (1-14) Copyright 2011,Capitol Transamerica Corporation,Inc. Page 7 of 8 Miscellaneous E&O Policy continued Claim Expenses do not include: a. Loss of earnings or profit by any Insured; or b. Salaries, wages, fees, or other compensation payable to any Insured. 4. Company refers to the Insurer named in the Declarations. 5. Content means informational data including words, pictures, graphics, artwork and code, however transmitted and however received. Content does not include advertising about an Insured or its goods or services; or messages sent on an individual basis or other one-to-one communications. 6. Damages means: a. Amounts which an Insured is legally obligated to pay as a result of a covered judgment, award or settlement; b. Costs assessed against an Insured in any suit or proceeding defended by the Company unless such costs are assessed as a sanction for an Insured's delay or misconduct in the litigation process; c. Pre-judgment interest and post-judgment interest assessed before the Company has paid, offered to pay or deposited in court the part of the judgment that is covered by this Policy and that is within the applicable Limit of Insurance; and d. Punitive, exemplary or multiple damages, where insurable by law. Damages does not include: a. Taxes, criminal or civil fines or penalties imposed by law; b. Production costs, or the cost of reprinting, recalling, recovering, shipping, correcting, reprocessing, restoring, repairing, replacing, reproducing or reperforming Insured Activities; or c. Royalties or restitution paid or payable by an Insured; fines, fees or penalties charged by a licensing organization; disgorgement of an Insured's profits; costs of complying with an order granting injunctive relief; or disputed: fees, charges, or commissions for goods or services. 7. Insured Activities means performance of services for others as specified in the Declarations. Insured Activities also means creation, dissemination or distribution of Content when done in the normal course of performing the specified services, 8. Policy Period means the period of insurance specified in the Declarations or a shorter period resulting from cancellation of the Policy. 9. Pollutant means any solid, liquid, gaseous or thermal irritant or contaminant, including: a. Smoke vapor, soot, fumes, acids, alkalis, chemicals, and waste. Waste includes materials to be recycled, reconditioned or reclaimed; or b. Hazardous, toxic or radioactive matter or nuclear radiation. 10. Property Damage means: a. Physical injury to tangible property, including all resulting loss of use of that property; or b. Loss of use of tangible property that is not physically injured. For the purposes of this Policy, electronic data is not tangible property. 11. Retroactive Date means the date specified in the Declarations. P-1-M-CO2000 (1-14) Copyright 2011,Capitol Transamerica Corporation,Inc. Page 8 of 8 A Stock Company Capitol Indemnity Corporation P. 0. Box 5900 Madison, WI 53705-0900 Tall Free: (800)475-4450 In Witness Whereof, we have caused this policy to be executed and attested, and, if required bystate law, this policy shall not be valid unless countersigned by our authorized representative. Secretary President BJP-190(11/15) ©2015 CapSpecialty,Inc.All rights reserved. Page 1 of 1 Endorsement No.: 1 This endorsement, effective: November 05, 2017 (at 12:01 AM.standard time at the address of the Named Insured as shown in Item 1 of the Declarations) Forms a part of Policy No.: SGCO5779-03 Issued to: Richard Garland By: Capitol Indemnity Corporation THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, Consultant Change Endorsement This endorsement modifies insurance provided under the following: Miscellaneous E&O Policy SECTION I- COVERAGES 2. Exclusions a. (15) is deleted and replaced by: (15) Bankruptcy, insolvency, receivership, liquidation and/or cessation of operations of: an Insured; any entity an Insured owns or has a financial interest in or otherwise asserts influence or control; any bank, investment company, banker, broker, or dealer in securities or commodities; or the inability or failure of any of them to meet any financial obligations; SECTION I - COVERAGES 2. Exclusions a. (23) is deleted and replaced by: (23) Breach of warranty or guarantee, including any warranty or guarantee of future earnings, assets, or rate of return; SECTION I- COVERAGES 2. Exclusions a. is changed to add: Services that can only be lawfully performed by a licensed, registered, or certified: (a) Public accountant; (b)Actuary; (c)Attorney; (d)Insurance agent or broker; (e) Financial consultant or investment advisor or securities broker or dealer; (fl Healthcare provider; or (g)Architect or engineer; Conversion, misappropriation, or improper commingling of funds or misconduct in the handling of lockbox services; or Rendering or failure to render financial opinions or financial recommendations. If this endorsement is issued after the Policy has been issued, it is deemed to have been added to the list of forms and endorsements on the Declarations Page. All other terms and conditions of this Policy remain unchanged. E-1-M-5042 (2-14) Copyright 2013,Capitol Transamerica Corporation Page 1 of 1 Endorsement No.: 2 This endorsement, effective: November 05,2017 (at 12:01 AM.standard time at the address of the Named Insured as shown in Item 1 of the Declarations) Forms a part of Policy No.: SGC05779-03 Issued to: Richard Garland By: Capitol Indemnity Corporation THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Definition of Insured Exclusion Endorsement - Independent Contractors This endorsement modifies insurance provided under the following: Miscellaneous E&O Policy SECTION II-WHO IS AN INSURED 3. is deleted. If this endorsement is issued after the Policy has been issued, it is deemed to have been added to the list of forms and endorsements on the Declarations Page. All other terms and conditions of this Policy remain unchanged. E-1-4014 (1-14) Copyright 2011,Capitol Transamerica Corporation Page 1 of 1 Endorsement No.: 3 This endorsement, effective: November 05, 2017 (at 12:01 AM.standard time at the address of the Named Insured as shown in Item 1 of the Declarations) Forms a part of Policy No.: SGC05779-03 Issued to: Richard Garland By: Capitol Indemnity Corporation THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Nuclear Energy Liability Exclusion Endorsement This endorsement modifies insurance provided under the following: Miscellaneous E&O Policy SECTION I- COVERAGES 2. Exclusions is changed to add: c. The Company is not liable for Damages or Claims Expense or obligated to defend Claims for: (1) Liability: (a)With respect to which an Insured under this Policy is also an insured under a nuclear energy liability policy issued by Nticlear (Energy Liability Insurance Association, Mutual Atomic Energy Liability Underwriters, Nuclear Insurance Association of Canada or any of their successors, or would be an insured under any such policy but for its termination upon exhaustion of its limit of liability, or (b)Resulting from the Hazardous Properties of Nuclear Material and with respect to which: (i) Any person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954, or any law amendatory thereof; or (ii) The Insured is, or had this policy not been issued would be, entitled to indemnity from the United States of America, or any agency thereof, under any agreement entered into by the United States of America or any agency thereof, with any person or organization. (2) Liability resulting from Hazardous Properties of Nuclear Material, if: (a)The Nuclear Material (i) Is at any Nuclear Facility owned by, or operated by or on behalf of an Insured; or (ii) Has been discharged or dispersed therefrom; (b)The Nuclear Material is contained in Spent Fuel or Waste at any time possessed, handled, used, processed, stored, transported or disposed of, by or on behalf of an Insured; or (c)The liability arises out of the furnishing by an Insured of services, materials, parts or equipment in connection with the planning, construction, maintenance, operation or use of any Nuclear Facility, but if such facility is located within the United States of America, its territories or possessions or Canada, this exclusion(c) applies only to Property Damage to such Nuclear Facility and any property thereat. SECTION V- DEFINITIONS is changed to add: Hazardous Properties means radioactive, toxic or explosive properties. Nuclear Material means Source Material, Special Nuclear Material or By-Product Material. Source Material, Special Nuclear Material, and By-Product Material have the meaning given them in the Atomic Energy Act of 1954 or in any law amendatory thereof. Spent Fuel means any fuel element or fuel component, solid or liquid, which has been used or exposed to radiation in a Nuclear Reactor. Waste means any waste material: a. Containing By-Product Material other than the tailings or wastes produced by the extraction or concentration of uranium or thorium from any ore processed primarily for its Source Material content, and b. Resulting from the operation by any person or organization of any Nuclear Facility included under the first two paragraphs of the definition of Nuclear Facility. Nuclear Facility means: a. Any Nuclear Reactor; b. Any equipment or device designed or used by: (1) Separating the isotopes of uranium or plutonium; E-1-8115 (1-14) Copyright 2013,Capitol Transamerica Corporation Page 1 of 2 Includes material copyrighted by Insurance Services Office,Inc.,used with permission Endorsement No,: 3 This endorsement, effective: November 05, 2017 (at 12:01 AM.standard time at the address of the Named Insured as shown in Item 1 of the Declarations) Forms a part of Policy No.: SGCO5779-03 Issued to: Richard Garland By: Capitol Indemnity Corporation THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Nuclear Energy Liability Exclusion Endorsement continued (2) Processing or utilizing Spent Fuel; or (3) Handling, processing or packaging Waste; c. Any equipment or device used for the processing, fabricating or alloying of Special Nuclear Material if at any time the total amount of such material in the custody of the Insured at the premises where such equipment or device is located consists of or contains more than 25 grams of plutonium or uranium 233 or any combination thereof, or more than 250 grams of uranium 235; or d. Any structure, basin, excavation, premises or place prepared or used for the storage or disposal of Waste, and includes the site on which any of the foregoing is located, all operations conducted on such site and all premises used for such operations. Nuclear Reactor means any apparatus designed or used to sustain nuclear fission in a self-supporting chain reaction or to contain a critical mass of fissionable material. Property Damage, as used in this endorsement, includes all forms of radioactive contamination of property. If this endorsement is issued after the Policy has been issued, it is deemed to have been added to the list of forms and endorsements on the Declarations Page. All other terms and conditions of this Policy remain unchanged, E-1-8115 (1-14) Copyright 2013,Capitol Transamerica Corporation Page 2 of 2 Includes material copyrighted by Insurance Services Office,Inc.,used with permission Endorsement No.: 4 This endorsement, effective: November 05, 2017 (at 12:01 AM.standard time at the address of the Named Insured as shown in Item 1 of the Declarations) Forms a part of Policy No.: SGC05779-03 Issued to: Richard Garland By: Capitol Indemnity Corporation THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. California - Cancellation; No Obligation to Renew Change Endorsement This endorsement modifies insurance provided under the following: Miscellaneous E&O Policy SECTION IV- CONDITIONS 9. No Obligation to Renew is deleted and replaced by: 9. No Obligation to Renew The Company will not be obligated or required to renew this Policy. Any offer of renewal terms involving a change of Deductible, Premium, Limit of Insurance, elimination of coverage or increase of more than twenty-five percent(25%) in the rate, will not constitute nor be construed as, a refusal by the Company to renew the Policy. The Company may elect to non-renew this Policy by mailing to the Named Insured first listed in the Declarations at least sixty (60) days advance written notice or notice as otherwise specified by state law. Notice must be mailed or delivered. If notice is mailed, proof of mailing is sufficient proof of notice. SECTION IV - CONDITIONS 13. Cancellation is deleted and replaced by: 13. Cancellation a. The Named Insured first listed in the Declarations may cancel this Policy by mailing or delivering to the Company advance written notice of cancellation. b. If this Policy has been in effect for sixty (60) days or less, and is not a renewal of a Policy the Company had previously issued, the Company may cancel this Policy by mailing or delivering to the Named Insured first listed in the Declarations, at the mailing address shown in the Declarations, and to the producer of record, advance written notice of cancellation, stating the reason for cancellation, at least: (1) Ten (10) days before the effective date of cancellation if the Company cancels, for: (a) Nonpayment of Premium; (b)Discovery of fraud by: i. Any Insured or such Insured's representative in obtaining this insurance; or iii. Any Insured or such Insured's representative in pursuing a Claim under this Policy. (c)Thirty (30) days before the effective date of cancellation if the Company cancels for any other reason. c. If this Policy has been in effect for more than sixty (60) days or after the effective date of renewal, the Company may only cancel this Policy by mailing or delivering to the Named Insured first listed in the Declarations written notice of cancellation for one of the following reasons: (1) Nonpayment of Premium; (2) Discovery of fraud or material misrepresentation by any Insured or such Insured's representative in obtaining this Policy or in pursuing a Claim under this Policy; (3) Judgment by a court or an administrative tribunal that the Insured has violated a California or Federal law, having as one of its necessary elements an act which materially increases any of the risks insured against; (4) Discovery of willful or grossly negligent acts or omissions, or of any violations of state laws or regulations establishing safety standards, by any Insured or such Insured's representative, which materially increase any of the risks insured against; (5) Failure by an Insured or such Insured's representative to implement reasonable loss control requirements, agreed to by the Named Insured as a condition of Policy issuance, or which were conditions precedent to the Company's use of a particular rate or rating plan, if that failure materially increases any of the risks insured against; E-1-8030-CA (1-14) Copyright 2014,Capitol Transamerica Corporation Page 1 of 2 Includes material copyrighted by Insurance Services Office,Inc.,used with permission. Endorsement No.: 4 This endorsement, effective: November 05, 2017 (at 12:01 AM.standard time at the address of the Named Insured as shown in Item 1 of the Declarations) Forms a part of Policy No.: SGCO5779-03 Issued to: Richard Garland By: Capitol Indemnity Corporation THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. California - Cancellation; No Obligation to Renew Change Endorsement continued (6) A determination by the California Commissioner of Insurance that the loss of, or changes in, the Company's reinsurance covering all or part of, the risk would threaten the Company's financial integrity or solvency or continuation of the Policy coverage would place the Company in violation of California law or the laws of the state where the Company is domiciled or threaten the Company's solvency; or (7) A change by any Insured or such Insured's representative in the activities or property of the commercial or industrial enterprise, which results in a materially added, increased or changed risk, unless the added, increased or changed risk is included in the Policy. d. The Company will mail or deliver notice to the last known mailing address of the Named Insured first listed in the Delcarations. e. Notice of cancellation will state the effective date of cancellation. The Policy Period will end on that date. f. If notice is mailed, proof of mailing will be sufficient proof of notice. If this endorsement is issued after the Policy has been issued, it is deemed to have been added to the list of forms and endorsements on the Declarations Page. All other terms and conditions of this Policy remain unchanged. E-1-8030-CA (1-14) Copyright 2014,Capitol Transamerica Corporation Page 2 of 2 Includes material copyrighted by Insurance Services Office,Inc.,used with permission. IMPORTANT NOTICE! This Policy lists the Named Insureds on the Declarations Page. The Named Insured first listed in the Declarations has specific rights and duties which are outlined in the Policy Conditions. Please make certain that the Named Insured first listed in the Declarations is correct and advise the Company immediately if there is any change necessary. Please read this Policy as there may be difference in coverages, rules and conditions from other insurance policies. N-111 (1-14) CITY OF EL SEGUNDO WORKERS' COMPENSATION DECLARATION WARNING: FAILURE TO SECURE WORKERS' COMPENSATION COVERAGE IS UNLAWFUL AND SUBJECTS AN EMPLOYER TO CRIMINAL PENALTIES AND CIVIL FINES UP TO ONE HUNDRED THOUSAND DOLLARS ($100,000), IN ADDITION TO THE COST OF COMPENSATION, DAMAGES AS PROVIDED FOR IN LABOR CODE § 3706, INTEREST, AND ATTORNEY'S FEES. I affirm under penalty of perjury under the laws of California one of the following declarations: (_) I have and will maintain a certificate of consent of self-insure for workers' compensation, issued by the Director of Industrial Relations as provided for by Labor Code§3700 for the performance of the work set forth the agreement with the City of EI Segundo. Policy No. (_)I have and will maintain workers'compensation insurance as required by Labor Code§3700 for the performance of the work for which the agreement with the City of EI Segundo is executed. My workers' compensation insurance carrier and policy number are: Carrier Policy Number Expiration Date Name of Agent Phone# X) I certify that, in the performance of the work set forth in the agreement with the City of EI Segundo, I will not employ any person in any manner so as to become subject to the workers' compensation laws of California, and agree that, if I should become subject to the workers' compensation provisions of Labor Code § 3700 1 must immediately comply with those provisions or the agreement will automatically become void. q •.Y Date 2 Z t g Signature of Applicant * Print Name ` �* °� ......................................................................-.................. __.........._...........-..............._............... ... t*15 Agreement for: c1c �� c:i� „ e� i V/;�4 Dated: 52 ............... . . Reviewed by: 174, �. .,->