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
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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.
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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
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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.
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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.
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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.
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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
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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
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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.
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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]
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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
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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
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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.
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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