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HomeMy WebLinkAboutC-5512 - On-Call Service Agreement for Vehicle Customization and Conversion ServicesON -CALL SERVICE AGREEMENT WITH COMPUTER DEDUCTIONS, INC. FOR VEHICLE CUSTOMIZATION AND CONVERSION SERVICES THIS ON -CALL SE VI AGREEMENT ( "Agreement') is made and entered into as of this 744A day of , 2013 ( "Effective Date ") by and between the CITY OF NEWPORT BEACH, a Califomia Municipal Corporation ( "City ") and Computer Deductions, Inc., a California corporation ( "Contractor"), whose address is 1400 East Wilshire Ave.; Santa Ana, CA 92705 and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City requires on -call vehicle customization and conversion services for Newport Beach Police Department vehicles ( "Project'). C. Contractor possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement. D. The principal member of Contractor for purposes of Project shall be Nori Minami. E. City has solicited and received a proposal from Contractor, has reviewed the previous experience and evaluated the expertise of Contractor, and desires to retain Contractor to render professional services under the terms and conditions set forth in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM The term of this Agreement shall commence on the Effective Date, and shall terminate on December 31, 2015 unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED 2.1 Contractor shall provide "On -Call' vehicle customization and conversion services as described in the Scope of Services attached hereto as Exhibit A and incorporated herein by reference ( "Services" or "Work "). Upon written request from the Project Administrator (as defined below in Section 6), Contractor shall provide a letter proposal for Services requested by the City (hereinafter referred to as the "Letter Proposal"). The Letter Proposal shall include the following: 2.1.1 A detailed description of the Services to be provided; 2.1.2 The position of each person to be assigned to perform the Services, and the name of the individuals to be assigned, if available; and 2.1.3 The estimated number of hours and cost to complete the Services; 2.1.4 The time needed to finish the specific project. 2.2 No Services shall be provided until the Project Administrator has provided written acceptance of the Letter Proposal. Once authorized to proceed, Contractor shall diligently perform the duties in the approved Letter Proposal. 3. TIME OF PERFORMANCE 3.1 Time is of the essence in the performance of Services under this Agreement and Contractor shall perform the Services in accordance with the schedule included in Exhibit A. In the absence of a specific schedule, the Services shall be performed to completion in a diligent and timely manner. The failure by Contractor to strictly adhere to the schedule set forth in Exhibit A, if any, or perform the Services in a diligent and timely manner may result in termination of this Agreement by City. 3.1.1 Notwithstanding the foregoing, Contractor shall not be responsible for delays due to causes beyond Contractor's reasonable control. However, in the case of any such delay in the Services to be provided for the Project, each party hereby agrees to provide notice within two (2) days of the occurrence causing the delay to the other party so that all delays can be addressed. 3.2 Contractor shall submit all requests for extensions of time for performance in writing to the Project Administrator (as defined in Section 6 below) not later than ten (10) calendar days after the start of the condition that purportedly causes a delay. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays that are beyond Contractor's control. 3.3 For all time periods not specifically set forth herein, Contractor shall respond in the most expedient and appropriate manner under the circumstances, by fax, hand - delivery or mail. 4. COMPENSATION TO CONTRACTOR 4.1 City shall pay Contractor for the Services on a time and expense not -to- exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates or Progress Payments Schedule attached hereto as Exhibit B and incorporated herein by reference. Contractors compensation for all Work performed in accordance with this Agreement, including all reimbursable items and subcontractor fees, shall not exceed Seventy Five Thousand Dollars and 001100 ($75,000.00) without prior written authorization from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City. 4.2 Contractor shall submit monthly invoices to City describing the Work performed the preceding month. Contractor's bills shall include the name of the person Computer Deductions, Inc. Page 2 who performed the Work, a brief description of the Services performed and /or the specific task in the Scope of Services to which it relates, the date the Services were performed, the number of hours spent on all Work billed on an hourly basis, and a description of any reimbursable expenditures. City shall pay Contractor no later than thirty (30) days after approval of the monthly invoice by City staff. 4.3 City shall reimburse Contractor only for those costs or expenses specifically identified in Exhibit B to this Agreement, or specifically approved in writing in advance by City. 4.4 Contractor shall not receive any compensation for Extra Work performed without the prior written authorization of City. As used herein, "Extra Work " means any Work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Scope of Services and which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Compensation for any authorized Extra Work shall be paid in accordance with the Schedule of Billing Rates as set forth in Exhibit B. A�l0I *iA ?iY U_.W 7 5.1 Contractor shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the Agreement term. Contractor has designated Nori Minami to be its Project Manager. Contractor shall not remove or reassign the Project Manager or any personnel listed in Exhibit A or assign any new or replacement personnel to the Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to the removal or assignment of non -key personnel. 5.2 Contractor, at the sole discretion of City, shall remove from the Project any of its personnel assigned to the performance of Services upon written request of City. Contractor warrants that it will continuously furnish the necessary personnel to complete the Project on a timely basis as contemplated by this Agreement. 6. ADMINISTRATION This Agreement will be administered by the Police Department. Fiscal Services /Facilities Manager or his /her designee, shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator or his /her designee shall represent City in all matters pertaining to the Services to be rendered pursuant to this Agreement. 7. CITY'S RESPONSIBILITIES To assist Contractor in the execution of its responsibilities under this Agreement, City agrees to provide access to and upon request of Contractor, one (1) copy of all existing relevant information on file at City. City will provide all such materials in a timely manner so as not to cause delays in Contractor's Work schedule. Computer Deductions, Inc. Page 3 8. STANDARD OF CARE 8.1 All of the Services shall be performed by Contractor or under Contractor's supervision. Contractor represents that it possesses the professional and technical personnel required to perform the Services required by this Agreement, and that it will perform all Services in a manner commensurate with the highest industry standards. For purposes of this Agreement, the phrase "highest industry standards" shall mean those standards of practice recognized by one (1) or more first -class firms performing similar work under similar circumstances. 8.2 All Services shall be performed by qualified and experienced personnel who are not employed by City, nor have any contractual relationship with City. By delivery of completed Work, Contractor certifies that the Work conforms to the requirements of this Agreement and all applicable federal, state and local laws and the highest industry standard. 8.3 Contractor represents and warrants to City that it has, shall obtain, and shall keep in full force and effect during the term hereof, at its sole cost and expense, all licenses, permits, qualifications, insurance and approvals of whatsoever nature that is legally required of Contractor to practice its profession. Contractor shall maintain a City of Newport Beach business license during the term of this Agreement. 8.4 Contractor shall not be responsible for delay, nor shall Contractor be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, or acts of God, or the failure of City to furnish timely information or to approve or disapprove Contractor's Work promptly, or delay or faulty performance by City, contractors, or governmental agencies. 9. HOLD HARMLESS 9.1 To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents and employees (collectively, the "Indemnified Parties ") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims "), which may arise from or in any manner relate (directly or indirectly) to any breach of the terms and conditions of this Agreement, any Work performed or Services provided under this Agreement including, without limitation, defects in workmanship or materials or Contractor's presence or activities conducted on the Project (including the negligent and/or willful acts, errors and/or omissions of Contractor, its principals, officers, agents, employees, vendors, suppliers, consultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them). 9.2 Notwithstanding the foregoing, nothing herein shall be construed to require Contractor to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this Computer Deductions, Inc. Page 4 indemnity shall be construed as authorizing any award of attorney's fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Contractor. i'Ii1liTC1�;7�i1 l�`►i���P>s1i:7T�3itil7 It is understood that City retains Contractor on an independent contractor basis and Contractor is not an agent or employee of City. The manner and means of conducting the Work are under the control of Contractor, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. No civil service status or other right of employment shall accrue to Contractor or its employees. Nothing in this Agreement shall be deemed to constitute approval for Contractor or any of Contractor's employees or agents, to be the agents or employees of City. Contractor shall have the responsibility for and control over the means of performing the Work, provided that Contractor is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Contractor as to the details of the performance of the Work or to exercise a measure of control over Contractor shall mean only that Contractor shall follow the desires of City with respect to the results of the Services. 11. COOPERATION Contractor agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the Work to be performed. City agrees to cooperate with the Contractor on the Project. 12. CITY POLICY Contractor shall discuss and review all matters relating to policy and Project direction with City's Project Administrator in advance of all critical decision points in order to ensure the Project proceeds in a manner consistent with City goals and policies. 13. PROGRESS Contractor is responsible for keeping the Project Administrator and/or his/her duly authorized designee informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. 14. INSURANCE Without limiting Contractor's indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement or for other periods as specified in this Agreement, policies of insurance of the type, amounts, terms and conditions described in the Insurance Requirements attached hereto as Exhibit C, and incorporated herein by reference. Computer Deductions, Inc. Page 5 15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Agreement, the Services to be provided under this Agreement shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Contractor is a partnership or joint - venture or syndicate or cotenancy, which shall result in changing the control of Contractor. Control means fifty percent (50 %) or more of the voting power, or twenty -five percent (25 %) or more of the assets of the corporation, partnership or joint - venture. 16. SUBCONTRACTING The subcontractors authorized by City, if any, to perform Work on this Project are identified in Exhibit A. Contractor shall be fully responsible to City for all acts and omissions of any subcontractor. Nothing in this Agreement shall create any contractual relationship between City and any subcontractor nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. The City is an intended beneficiary of any Work performed by the subcontractor for purposes of establishing a duty of care between the subcontractor and the City. Except as specifically authorized herein, the Services to be provided under this Agreement shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval of City. 17. OWNERSHIP OF DOCUMENTS 17.1 Each and every report, draft, map, record, plan, document and other writing produced (hereinafter "Documents "), prepared or caused to be prepared by Contractor, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Contractor or any other party. Contractor shall, at Contractor's expense, provide such Documents to City upon prior written request. 17.2 Documents, including drawings and specifications, prepared by Contractor pursuant to this Agreement are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed Documents for other projects and any use of incomplete Documents without specific written authorization from Contractor will be at City's sole risk and without liability to Contractor. Further, any and all liability arising out of changes made to Contractor's deliverables under this Agreement by City or persons other than Contractor is waived against Contractor and City assumes full responsibility for such changes unless City has given Contractor prior notice and has received from Contractor written consent for such changes. Computer Deductions, Inc. Page 6 All written documents shall be transmitted to City in formats compatible with Microsoft Office and /or viewable with Adobe Acrobat. 19, CONFIDENTIALITY All Documents, including drafts, preliminary drawings or plans, notes and communications that result from the Services in this Agreement, shall be kept confidential unless City expressly authorizes in writing the release of information. 20. INTELLECTUAL PROPERTY INDEMNITY The Contractor shall defend and indemnify City, its agents, officers, representatives and employees against any and all liability, including costs, for infringement or alleged infringement of any United States' letters patent, trademark, or copyright, including costs, contained in Contractor's Documents provided under this Agreement. 21, RECORDS Contractor shall keep records and invoices in connection with the Services to be performed under this Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any Services, expenditures and disbursements charged to City, for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor under this Agreement. All such records and invoices shall be clearly identifiable. Contractor shall allow a representative of City to examine, audit and make transcripts or copies of such records and invoices during regular business hours. Contractor shall allow inspection of all Work, data, Documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment to Contractor under this Agreement. 22, WITHHOLDINGS City may withhold payment to Contractor of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Contractor shall not discontinue Work as a result of such withholding. Contractor shall have an immediate right to appeal to the City Manager or his /her designee with respect to such disputed sums. Contractor shall be entitled to receive interest on any withheld sums at the rate of return that City earned on its investments during the time period, from the date of withholding of any amounts found to have been improperly withheld. 23, ERRORS AND OMISSIONS In the event of errors or omissions that are due to the negligence or professional inexperience of Contractor which result in expense to City greater than what would have resulted if there were not errors or omissions in the Work accomplished by Contractor, the additional design, construction and /or restoration expense shall be borne by Computer Deductions, Inc. Page 7 Contractor. Nothing in this Section is intended to limit City's rights under the law or any other sections of this Agreement. 24. CITY'S RIGHT TO EMPLOY OTHER CONTRACTORS City reserves the right to employ other Contractors in connection with the Project. 25. CONFLICTS OF INTEREST 25.1 The Contractor or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act'), which (1) requires such persons to disclose any financial interest that may foreseeably be materially affected by the Work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. 25.2 If subject to the Act, Contractor shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for immediate termination of this Agreement by City. Contractor shall indemnify and hold harmless City for any and all claims for damages resulting from Contractor's violation of this Section. 26. NOTICES 26.1 All notices, demands, requests or approvals, including any change in mailing address, to be given under the terms of this Agreement shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first - class mail, addressed as hereinafter provided. All notices, demands, requests or approvals from Contractor to City shall be addressed to City at: Attn: Fiscal Services /Facilities Manager Police Department City of Newport Beach 3340 Newport Boulevard PO Box 1768 Newport Beach, CA 92658 Phone: 949 -644 -3655 Fax: 949 -644 -3693 26.2 All notices, demands, requests or approvals from City to Contractor shall be addressed to Contractor at: Attn: Nori Minami Computer Deductions, Inc. 1400 East Wilshire Ave.; Santa Ana, CA 92705 Phone: 714 -541 -2683 Fax: 714 -541 -2856 Computer Deductions, Inc. Page 8 27. CLAIMS Unless a shorter time is specified elsewhere in this Agreement, before making its final request for payment under this Agreement, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Agreement. Contractor's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Agreement except those previously made in writing and identified by Contractor in writing as unsettled at the time of its final request for payment. The Contractor and the City expressly agree that in addition to any claims filing requirements set forth in the Agreement, the Contractor shall be required to file any claim the Contractor may have against the City in strict conformance with the Tort Claims Act (Government Code sections 900 of seq.). 28. TERMINATION 28.1 In the event that either party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, and thereafter diligently take steps to cure the default, the non - defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. 28.2 Notwithstanding the above provisions, City shall have the right, at its sole and absolute discretion and without cause, of terminating this Agreement at any time by giving no less than seven (7) calendar days prior written notice to Contractor. In the event of termination under this Section, City shall pay Contractor for Services satisfactorily performed and costs incurred up to the effective date of termination for which Contractor has not been previously paid. On the effective date of termination, Contractor shall deliver to City all reports, Documents and other information developed or accumulated in the performance of this Agreement, whether in draft or final form. 29. STANDARD PROVISIONS 29.1 Compliance with all Laws. Contractor shall at its own cost and expense comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all Work prepared by Contractor shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator and City. 29.2 Waiver. A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character. Computer Deductions, Inc. Page 9 29.3 Integrated Contract. This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 29.4 Conflicts or Inconsistencies. In the event there are any conflicts or inconsistencies between this Agreement and the Scope of Services or any other attachments attached hereto, the terms of this Agreement shall govern. 29.5 Interpretation, The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Agreement or any other rule of construction which might otherwise apply. 29.6 Amendments. This Agreement may be modified or amended only by a written document executed by both Contractor and City and approved as to form by the City Attorney. 29.7 Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 29.8 Controlling Law and Venue. The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange, State of California. 29.9 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex, age or any other impermissible basis under law. 29.10 No Attorney's Pees. In the event of any dispute or legal action arising under this Agreement, the prevailing party shall not be entitled to attorney's fees. 29.11 Counterparts. This Agreement may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one (1) and the same instrument. [SIGNATURES ON NEXT PAGE] Computer Deductions, Inc. Page 10 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written below. APPROVED AS TO FORM: CITY OF NEWPORT BEACH, CITY ATTORNEY'S OFFICE A California municipal corporation Date: l 3 Date: Zy113 By: C �a r By: Aaron C. Harp J a ylKIA h n City Attorney C ief of Police ATTEST: CONTRACTOR: Computer Deductions, Date: Inc., a California corporation Date: By: B�/ Leilani I. Brown All ac onnell City Clerk President pORT e Date: �o //D1,9%3 0 z omas Ca ro CA 1A 0 Vice Pre nt [END OF SIGNATURES] Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates/ Progress Payment Schedule Exhibit C — Insurance Requirements Computer Deductions, Inc. Page 11 EXHIBIT A SCOPE OF SERVICES On an as- needed basis, the Newport Beach Police Department shall require the following vehicle customization services. These services may include, but are not limited to: installation, de- installation, replacement or configuration. Please note this Agreement does not cover vehicle mechanical repair or maintenance services. Contractor shall provide vehicle customization services both a) on -site at the Newport Beach Police Department and b.) at the Proposer's business location, depending on each specific Project. Basic Components: • Consoles and Track Mounts • Computer Mounts • Cup Holders • Lighter Plug Outlets • Microphone Clip Brackets • Map Lights • Arm Rests Trunk Trays: • Full -width Sliding Trays • Half -width Sliding Trays Push Bumpers and Grill Guards Prisoner Partitions: • Retrofit Recess Panels • Prisoner Seats with Seat Belts • Ballistic Panels • Window and Door Guards • Rear Door Look Rods Weapon Mounts: • Gun Locks • Gun Lock Timers Prisoner Transports: • Prisoner Partitions with Seat Belts • Side Steps • Rear Auxiliary Air Conditioning/Heat Vents and Ducts Command Post Boxes: • Installation of all equipment, computers, monitors, radios, printers, antennae, etc. Computer Deductions, Inc. Page A -1 Emergency Equipment: • Computer Systems • Video Systems • Rear View Camera Systems • Radar Systems • GPS • Antennae • Lightbars • Traffic Advisor Controller • Lights and Sirens Controller • UTM4 /Unitrol • Motorola 2 -Way Radios • Sirens and Siren Speakers • LED Lights • Grille /Deck Lights • Strobe Lights and Power Supply • Park Kill • Head Light Flashers • Flood Lights and Spot Lights • Trunk Lights • Battery Rack Electrical: • Power Management • Wiring Harnesses • Power Outlets • Power Timers • Fuse Blocks • Fuse Holders • Wiring Panels • Switches • Secure Idle Vehicle Accessories: • Dual Battery/Auxiliary Battery System • Power Vents • Power Windows • Power Locks • Keyless Entry • Rear View Mirrors • Back -Up Sensors • Door Chimes • Flashlight Holders and Chargers Computer Deductions, Inc. Page A -2 K -9 Units: • Dog transport partitions • Door Poppers Compensation Terms: • All services shall be performed on an as- needed basis. Newport Beach Police staff shall contact Contractor whenever the need for services arises and Contractor shall issue a letter proposal detailing proposed project costs and time. • For the majority of Projects, City shall provide the equipment to be installed, however Contractor may be called upon to procure equipment and materials for Projects as well. In these instances, Contractor shall not mark up the cost of equipment and materials beyond a five (5) percent increase when invoicing City for reimbursement. Computer Deductions, Inc. Page A-3 EXHIBIT B SCHEDULE OF BILLING RATES 1400 East 1 7shfteAuEruw - Saata Ara;. Wfo 4 32705 -4-CU Pho 774 -54I -2683 'Fa 714- 5474556 10 July 2012 City Of #» Beach 3300 Newport Blvd Newport Attention: Anthony # Purchasing Agent 9496443080 949 642 7072 fax Computer Deductions, Inc provides installatim services at the rate of $65.1301 per man hour. This is the current rate that we are providing services for the city of Newport Beach Police Department. This rate has not changed since our tenure at the city of Newport Beach as a courtesy to your agency. Please do not hesitate to call us with any questions_ Computer Deductions, Inc. Page B -1 EXHIBIT C 1. INSURANCE REQUIREMENTS 1.1 Provision of Insurance. Without limiting Contractor's indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a foram satisfactory to City. Contractor agrees to provide insurance in accordance with requirements set forth here. If Contractor uses existing coverage to comply and that coverage does not meet these requirements, Contractor agrees to amend, supplement or endorse the existing coverage. 1.2 Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 1.3 Coverage Requirements. 1.3.1 Workers' Compensation Insurance. Contractor shall maintain Workers' Compensation Insurance, statutory limits, and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000) each accident for bodily injury by accident and each employee for bodily injury by disease in accordance with the laws of the State of California. Section 3700 of the Labor Code. Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees and volunteers. 1.3.2 General Liability Insurance. Contractor shall maintain commercial general liability insurance, and if necessary umbrella liability insurance, with coverage at least as broad as provided by Insurance Services Office form CG 00 01, in an amount not less than one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) general aggregate. The policy shall cover liability arising from premises, operations, products - completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract) with no endorsement or modification limiting the scope of coverage for liability assumed under a contract. 1.3.3 Automobile Liability Insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit each accident. Computer Deductions, Inc. Page C -1 1.4 Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions: 1.4.1 Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Contractor or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers from each of its subcontractors. 1.4.2 Additional Insured Status. All liability policies including general liability, excess liability, pollution liability, and automobile liability, but not including professional liability, shall provide or be endorsed to provide that City and its officers, officials, employees, and agents shall be included as insureds under such policies. 1.4.3 Primary and Non Contributory. All liability coverage shall apply on a primary basis and shall not require contribution from any insurance or self- insurance maintained by City. 1.4.4 Notice of Cancellation. All policies shall provide City with thirty (30) days notice of cancellation (except for nonpayment for which ten (10) days notice is required) or nonrenewal of coverage for each required coverage. 1.5 Additional Agreements Between the Parties. The parties hereby agree to the following: 1.5.1 Evidence of Insurance. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and other endorsements as specified herein for each coverage. Insurance certificates and endorsement must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this contract. City reserves the right to require complete, certified copies of all required insurance policies, at any time. 1.5.2 City's Right to Revise Requirements. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Contractor sixty (60) days advance written notice of such change. If such change results in substantial additional cost to the Contractor, the City and Contractor may renegotiate Contractor's compensation. 1.5.3 Enforcement of Contract Provisions. Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Contractor of non - compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. Computer Deductions, Inc. Page C -2 1,5.4 Requirements not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. 1.5.5 Self - insured Retentions. Any self - insured retentions must be declared to and approved by City. City reserves the right to require that self - insured retentions be eliminated, lowered, or replaced by a deductible. Self- insurance will not be considered to comply with these requirements unless approved by City. 1.5.6 City ,Remedies for Non Compliance If Contractor or any subcontractor fails to provide and maintain insurance as required herein, then City shall have the right but not the obligation, to purchase such insurance, to terminate this agreement, or to suspend Contractor's right to proceed until proper evidence of insurance is provided. Any amounts paid by City shall, at City's sole option, be deducted from amounts payable to Contractor or reimbursed by Contractor upon demand. 1.5.7 Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor's performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. 1.5.8 Contractor's Insurance. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Work. Computer Deductions, Inc. Page C -3 r{ cgtrr�r COMPUTER DEDUCTIONS INC 1400 EAST WILSHIRE AVENUE SANTA ANA, CA 92705 t iE �I ACCOUNTNUMBER: BT30017697 EXPIRATION DATE: 10/31/2013 Welcome to the City of Newport Beach, and thank you for your business tax payment. This business tax certificate is evidence that the named business has paid a tax to conduct the business activity designated, within the City of Newport Beach, until the expiration date shown, Please notify the Revenue Division immediately if any of the information on the certificate changes. - This certificate is valid only at the address indicated and must be displayed in a conspicuous location. if your business is not conducted at a permanent location Municipal Code requires that any representative, while transacting business within the city, carry this certificate, This business tax certificate does not authorize the named business to conduct any activities regulated by the City of Newport Beach or other agencies. Authorization for such activities must be obtained from the appropriate departments prior to application for business tax. Certificates are not transferable to any other parry or person and are not pro - rated, Refunds are not provided once the certificate has been issued. Your business tax certificate is valid until the expiration date, and must be renewed annually prior to that date. Changes in type of ownership (i.e. from a sole proprietorship to a partnership or LLC), nature of business, or ownership void the current certificate and require filing of and payment for a new application. Additional certificates are required if additional types of business activity are initiated at the same address, or additional locations of the same business are established (Municipal Cade sections 5.04 through 5.08). For your convenience, the Revenue Division will mail a courtesy renewal notice, prior to the expiration date, to the billing address of record. Non - receipt of the notice does not alleviate the requirement to renew. Penalties are imposed for late renewal at a rate of 25% per month to a maximum of 100% of the base tax., TheRevenue Division is available to answer any questions regarding business tax certification and requirements. Call (949) 644 -3141; e -mail us at: i3evenueHelp@newportbeachca.gov, or visit us on the internet at wwwnew grtbeachca oov and view the Municipal Code on line. 11131,1 t T t , t iy COMPUTER DEDUCTIONS INC 1400 WILSHIRE AVE E SANTA ANA, CA 92705 BUSINESS CATEGORY: MISC BUSINESS SVCS SELLERS PERMIT: 28920222 MACDONNELL, ALLAN SR. OWNERSHIP TYPE: CORPORATION TAX INCLUDES PAYMENT FOR: 0 EMPLOYEES DATE OF ISSUE: 10/01/2006 PRINT DATE: 11/01/2012 COMPU -2 OP ID: MM CERTIFICATE OF LIABILITY INSURANCE 1 DAM 05131S/3UDKYYY) O13 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER {S}, AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER, IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must 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 certfioate holder in lieu of such endorsement(s). PRODUCER 916 96nA Ann 29-NIACT if tm INSURED Computer Deductions, Inc, 1400 East Wilshire Ave. Santa Anna, CA 92705 COVERAGES CERTIFICATE NUMBER: REVISION NUMRFR- THIS IS TO CERTIFYTHAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS'.{' LTR TYPE OF NsURANCE POLICY NUMBER fMMTDIXYYYYJ 1 LIMITS GENERAL LIABILITY _uoYODfYYYYJ EACH OCCURRENCE. $ COMMERCIAL GENERAL LIABILITY ,..., OLAIMS -MADE OCCUR __ A 6' PREMISES (Ea occurrence ^ $ MED EXP(Any one pason) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS - COMPIOP AGG $ OEN'LAOGREOATE L"'T APPI.TSPER -_ POLICY PRO- LOC JECT $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT IEa accidentl __ $ BODILY INJURY (Per parson) $ ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE _ (Par a °oidentl $ — UMBRELLA LIAR OCCUR EACHOCCURRENCE $ AGGREGATE $ EXCESS LIAR CLAIMS -MADE OED RETENTION$ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETORIPARTNERADECU'EYE OFFICERIMEMBER EYCLUGED't NIA X 2260000005121 10127112 10127/13 X WCSTATU- 0TH - T V T EL EACHACCfDENr $ 1,000,0 EL. DISEASE - EA EMPLOYEE -- $ 1,666, (Meraatory in NH) If yes, describe under DESI:RiPT14N0POPERAFIONSUeisw EL . DISEASE -POLICY LIMIT $ 1,600,00 DESCRIPTION OF OPERATfONS 1 LOCATIONS I VEHICLES (0.8ach ACORD 401, Additional Remarks Schedule, if more space is required) All Cali fornia Operatians- Waiver of sabro tion applies per attached orm WC990402A 07/06. * *10 day notice of cancellation for non- payment of premium" AAAAAAA City of Newport Beach Attn: Anthony Nguyen P O Box 1766 Newport Beach, CA 92656 -6915 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. A—U7T�HO�RIZED REPRESENTATIVE I vi.AAFtu. 'ro- r AN rinhtS rAAAmAri WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 0410A (Ed 07-07) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT- CALIFORNIA BLANKET BASIS We have the right to recover our payments from anyone liable for an injury Covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) The additional premium for this endorsement shall be 210 % of the total policy premium otherwise due on such remuneration. The minimum premium for this endorsement is $ .a5n_nn_ Schedule Person or Organization Job Description ALL ORGANIZATIONS FOR WHOM THE WAIVER OF SUBROGATION IS ALL CALIFORNIA OPERATIONS ISSUED This endorsement changes the policy to which it is attached and is effective on the date Issued unless otherwise stated. (The information below is required only when this endorsement Is issued subsequent to preparation of the policy.) Endorsement Effective 10/2712012 Insured COMPUTER DEDUCTIONS, INC. Insurance Company Oak River Insurance Company WC 99 0410A (Ed 07-07) Policy No. 2200000005 -121 Endorsement No. 2 f Premium $ 6 � Countersigned by _ � &" _. � e •- s ■ AID,_...- °` CERTIFICATE OF LIABILITY INSURANCE DAT 06103 DNYYY} D6fU3H3 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: It the certificate holder is an ADDITIONAL INSURED, the policy(ies)must 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 916- 961.6000 Cummins Insurance Agency, Inc. 916 -961 -3046 License If OC42488 "Orl Hazel Avenue, Suite 110 Fair Oaks, CA 9562$ CONTACT _15H _ _—_— c No uNol ..._ EMAIL ADDRESS: �_--- 7SBAKC7326 12/31112 Cummins Insurance Agency INEURER(Sj AFFORDING COVERAGE IC k INSURER A: Hanford Casualty Ins Co 29424 $ 300r00 INSUiED Computer Deductions, Inc. 1400 East Wilshire Ave. INSURER 8 $ 10, - PERSONAL & ADV IN,k1RY Santa Ana, CA 92705 INSURER C: $ 4,000,00 ( NSURER D: PRODUCTS- COMPIOPAGO $ 4,000,00 _ INSURER E: $ ..Y....... A INSURER F: ANY AU'ro ALL OWNED SCHEDULED AUTOS AUTOS HIRED AUTOS J( NON -OWNED AUTOS COVERAGES CERTIFICATE NUMBER: REVISION NUMBER' THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONSAND CONDITIONS OF SUCH POLICIES. LIMIT$ SHOWN MAYHAVE BEEN REDUCED BY PAID CLAIMS. ILTR TYPE OF INSURANCE I sR .� POLICY NUMBER MMIOD(YYYY UI MMODNYYY LIMITS A GENERAL LIABILITY COMMERCIALGENERAL LIABILITY CLAIMSMADE OCCUR X X 7SBAKC7326 12/31112 12/31113 EACH OCCURRENCE $ 2,000,000 X ?EMl8ES Eaorr- �rteaEe $ 300r00 MEDEXP (Any mepersons) $ 10, PERSONAL & ADV IN,k1RY £ 2,000, GENERAL AGGREGATE $ 4,000,00 GETTL AGGREGATE LIMIT APPLIES PER X POLICY PRO- LOC PRODUCTS- COMPIOPAGO $ 4,000,00 _... $ ..Y....... A AUTOMOBILELWBILITY ANY AU'ro ALL OWNED SCHEDULED AUTOS AUTOS HIRED AUTOS J( NON -OWNED AUTOS 57SBAKC7326 12/31/12 12/31/13 Ca88cideDISINGLE LIMIT $ 2,000,00 BODILY INJURY (Per person) BODILY INJURY (Per accident] $ T­_ X —PROPERTY —DAMAGE Per acadenl $ t UMBRELLA AS EXCESS LIAR LJ OCCUR CLAIMS -MADE EACH OCCURRENCE AGGREGATE _$ $ DED RETENTION$ _ $ WOR#tERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETORIPARTNER(EXECUTIVE OFFICERIMEMBER EXCLU(JED9 (Mandatory In NH) 11 yes, describe undo, DESCRIPTION OF OPERATIONS helm N { A WC STATU- 0TH. T T E.L. EACH ACCIDENT ""^`—°' $ E. L. DI SEASE- EA EMPLOYEE _...._.... $ E.L. DISEASE- POLICY LIMIT $� DESCMI IONOFOPERA'OONSi LOCATIONSIVENCLES (Attach ACORD101, Additional Remarks Schedule, ifmom space isrequlmd) dditonal insured: City Of Newport Beach, its officers, agents, employees and volunteers per attached. Ilk 1 f�i9;Z '. City of Newport Beach Purchasing & Central Warehouse Anthony Nguyen /Purchasing Agt 3300 Newport Blvd. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRA71ON DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. r 1Il11 7.37.x7- �'S-.SSR -.Td BUSINESS LIABILITY COVERAGE FORM (8) 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 (y) The total of all deductible and self- added as an additional insured by that insured amounts under all that other insurance. or insurance. (T) When You Add Others As An We will share the remaining loss, if any, with Additbnal 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 Pad, 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 coribibufes equal amounts Required By Contract until It has paid its applicable limit of This insurance is primary if you Insurance or crone 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 perrrdt this insurance be primary. If other contribution by equal shares, we wit insurance is also primary, we will contribule by limits. Under this method, each share with all that other insurance insurers share is based on the rho of its by the method described in c, applicable limit of insurance to the total below. applicable limits of Insurance of all insurers. (b) Primary And Nan - Contributory S. Transfer Of Rights Of Recovery Against To Other Insurance When Others To Us Requited By Contract a Transfer Of Rights Of Recovery If you have agreed in a written If the insured has fights to recover all or contract, mitten agreement or part of any paymerit, 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 (aj 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 wilt recovery against any person or have no duty under this Coverage Part to organization for all or part of any payment, defend the insured against any "suit" if any fnduding Supplementary Payments, we other Insurer has a duty to defend the have made under this Coverage Pad, 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 insurer& agreement or permit that was exeaaled prim to the injury or damage. BUSINESS LIABILITY COVERAGE FORM F, OPTIONAL ADDITIONAL INSURED COVERAGES If listed or shown as applicable in the Declarations, one or more of the following Optional Additional, Insured Coverages also apply. When any of these Optional Additional Insured Coverages apply, Paragraph 6. (Additional Insureds When Required by Written Contract, Written Agreement or Permit) of Section C., Who Is An Insured, does not apply io the person or organization shown in the Declarations. These coverages are subject to the terms and conditions applicable to Business Liability Coverage in this policy, except as provided below: 1. Additional Insured - Designated Person Or Organization WHO IS AN INSURED under Section C. is amended to include as an additional insured the person(s) or organization(s) shown in the Declarations, but only with respect to liability for "bodily injury" "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: a. In the performance of your ongoing operations; or b, in oennection with your premises owned by or rented to you. 2. Additional insured - Managers Or Lessors Of Premises a. WHO IS AN INSURED under Section C. is amanded to Include as an additional insured the parsons) or orrization(s) shown in the Declarations as an Additional Insured - Designated Person or Organization; but only with respect to liability arising out of the ownership, maintenance or use of that part of the premises leased to you and shown in the Declarations. b. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to: (1) Any - occurrence which takes place after you cease to be a tenant in that premises; or (2) Structural alterations, new construction or demolition operations performed by or on behalf of such person or organization. 3. Additional insured - GranforOfFranchise WHO IS AN INSURED under Section C. is amended to include as an additional insured the person(s) or organiza6on(s) shown in the Declarations as an Additional Insured - Grantor 01 Franchise, but only with respect to their liability as grantor of franchise to you. 4. Additional Insured - Lessor Of Leased Equipment a. WHO IS AN INSURED under Section C. is amended to include as an additional Insured the person(s) or organization(s) shown in the Declarations as an Additional Insured — Lessor of Leased Equipment, but only with respect to liability for "bodily injury ', "property damage' or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment teased th you by such perso(s) or organization(s). b. With respect to the insurance afforded to these additional insureds, this insurance does not apply to any "occurrence" which takes place after you cease to lease that equipment. 5 Additional Insured - Crooners Or Other Interests From Whom Land Has Been Leased a. WHO IS AN INSURED under Section C. is amended to Include as an additional insured tine person(s) or organization(s) shown in the Declarations as imAdditional Insured — Owners Or Other Interests From Whom Land Has Been Leased, but only with respect to liability arising out of the ownership, maintenance or use of trial part of the land leased to you and shown in the Declarations. b. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to; (1) Any "occurrence" that takes place after you cease to lease that land; or (2) Structural alterations, new construction or demolition operations performed by or on behalf of such person or organization S. Additional Insured - Slate Or Political subdivision — Permits 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 anAdditionai 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 (9 ) 'Bodily in NN ". "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 {g} Products which, after distributon (7 } "Bodil Y `� u �" or " � e damage" � or safe by you, have been labeled Included in the "product - completed 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 at 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 (t) The exceptions contained to business and only it this Coverage Part stArparagraphs(d)orM; or provides coverage for "bodily injury" or "property damage" included within the (u) Such inspections, " poducts- completed operations hazard" adjustments, tests or servicing as the vendor has geed to b. Tts insurance afforded to vendor r s make or normally subject to the foilowingadditioralexclusios: lcorseof to make in the usual course of (t} This insurance does net 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. wpm 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 aocompanying or oontainirg 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 (e) Any physical or chemical change amended to include as an additional Iensured in the product made intentionally the person(s) or organizatiorr(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 this 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 oontroi Ntruclorts from the manufaol rer, While you lease or occupy these premises. and then repackaged in the original container; 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 Sedan 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. - Orgarozation Liability And Medical Expenses General a. WHO ISAN INSURED carder Section C, is Conditions, amended ro Include as an additional G. LIABILITY AND MEDICAL EXPENSES insured the person(s) or organizations) DEFINITIONS shown In the Declarations as an Additional Insured - Owner, Lessees Or Contractors, 1. Advertisement" meads 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 produce 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 (4) Wgiazine; operations for the additional insured(s); or (5) Newspaper, (2) In connection with "your work" b. The Internet, but only that pad of a web performed for that additional insured site that is about gods, 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; ° producls completed operations hazard ". a, The design, printed material, Information or images contained in, on or upon the b, WM respect to the insurance afforded to packaging or labeling of any goods or these additional insureds, this Insurance products; or does not apply in 'bodily injury", "property b, An interactive conversation between or damage" or "personal an advertising among persons through a computer network, injury" arising out of the rendering of, or the failure to render, any professional 2. "Advertising idea" means any idea for an architectural, engineering or surveying "advertisement', services, including; S. "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, stop properties of asbestos and includes the mere drawings, opinions, reports, surveys„ presence of asbestos in any form, field orders, change orders, designs or t. Auto" means a land motor vehicle, trailer or drawings and specifioalions; or semi- tirailer designed for travel on public (2) Supervisory, inspection, architectural roads, Including any attached machinery or or engineering activilies, equipment But °auW does rat include 10. Additional Insured - Co -Owner Of Insured 'mobile equipment". Premises 5. "Bodily injury" means physical: WHD 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. B, " Covcrage lerritoy means: 10TH( MENEEM2WIsm ,a►4rr CERTIFICATE OF LIABILITY INSURANCE DATE 6103DR3 96t03f13 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: It the certificate holder is an ADDITIONAL INSURED, the policy(ies) must 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 516 - 961-6000 Cummins Insurance Agency, Inc. License # OC42466 4401 Hazel Avenue, Suite 110 Fair Oaks, CA 95626 NNME ------ _ Arc Ne x : _ care No E-MAIL ADDRESS: �57SBAKC7326 1 Cummins Insurance Agency INSURERS) AFFORDING COVERAGE NAIC # INSURERA; HaRfiord Casualty Ins Co 28424 I$ 2,000,000 INSURED Computer Deductions, Inc. 1400 East Wilshire Ave. Santa Ana, CA 92705 INSURER e: INSURER C: _ INSURER D: _'d PERSONA &ADVlNJURY INSURER E : ....,_.w._ -^ INSURER F L4,000,000 COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAYHAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OF INSURANCE S POLICY NUMBER MMIDOIYVYY MMI00PYYY LIMITS A GENERAL LIABILITY X COyiMERCiAL CONCEAL LIABILITY CLAMS.MADE OCCUR x X �57SBAKC7326 1 12131112 12/31/13 EACH OCCURRENCE I$ 2,000,000 A vR� `E?5—.._......7- PREMISES Fe eccurrsocet;__ 399,0 MEDE' (AnVoneperson} 1 0,00 _'d PERSONA &ADVlNJURY $ 2,000,00 GENERAL AGGREGATE L4,000,000 GEN'L AGGREGATE X POLICY NWT APPLIES PER'. p46- !OC PRODUCTS. COMPIOPAGG $ 4,009,000 $_... A LIABILITY ANY AUTO ALL OWNED SCHEDULED AUTOSS AUTOS rdONOWNED HIRED A41705 X AUTOS 57SBAKC7326 12131/12 12/31113 COMBINED SINGLE LIMIT $ 2, 000,000 BODILY INJURY (Per person) POMOSILE BODILYINJURY Per accmoG ( PROPERT DDAMAGE Perawitlen[ $ UMBRELLA UA$ BXCESSUAB OCCUR CLAINIS -MADE EACH OCCURRENCE $ OCREGATE $ DED RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR.R'ARTNERAEXECUTIVE OFFICER(MEMBER EYCLUDI (Mandatory in NH) U yes. rNSCObe under DESCRIPTION OF OPERATIONS below N1 A I WC STAT!} OTH- RY E L. EACH ACCIDENT '- $ EL. DISEASE. EA EMPLOYEE -' % E L DISEASE POLICY LIMIT - -- --^ I $ DESCRIPTION OF OPERA11ONSI LOCATIONS (VEHICLES (Attach ACORN 101, Addifional Remarks Schedule, if more space is roquirod) dditonal insured: City of Newport Beach, its officers, agents, employees and Volunteers per attached. NEWPO -3 City of Newport Beach Purchasing & Central Warehouse Anthony Nguyen /Purchasing Agt 3300 Newport Blvd, SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE [ Ke7 ;�;Zs7de�![►P� \RitJ11�:fiRlll ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD