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Resolution No. 9126
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 9126 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPROVING AND AUTHORIZING THE EXECUTION OF AN EQUIPMENT PURCHASE CONTRACT BY AND BETWEEN THE CITY OF VERNON AND MOTOROLA, INC. FOR RADIOS AND RELATED EQUIPMENT FOR THE POLICE DEPARTMENT WHEREAS, the City of Vernon has obtained funds from a 2005 Urban Areas Security Initiative Grant (Number 2005-15) for communications, protection and HazMat equipment and training for the Vernon Police and Fire Departments; and WHEREAS, the Vernon Police Department desires to use the funds received for the purchase of sixteen (16) digital portable radios and related software and equipment (collectively, the "Equipment"); and WHEREAS, the Equipment replaces current analog radios that ire being phased out due to the new public safety radio digital :apabilities equipment requirement; and WHEREAS, the purchase of the Equipment would enhance the ?olice Department's operation, thereby enhancing the services provided to citizens, residents and businesses within the Vernon community; and WHEREAS, the Vernon Police Department selected Motorola, Inc. ("Motorola") to provide the Equipment based upon Motorola being the current maintenance provider and its past performance and dependability and believes that Motorola, through Advanced Electronics, to be the only vendor that can provide the necessary Equipment meeting the Police Department's specifications and requirements; and WHEREAS, the City Council of the City of Vernon has G 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 determined that, pursuant to the provisions of subsection (a) of Section 2.27 of the Vernon City Code, it is in the public interest and necessity to proceed with the purchase of the Equipment with Motorola to enhance services provided to the Vernon community. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VERNON AS FOLLOWS: SECTION 1: The City Council of the City of Vernon hereby finds and determines that the recitals contained hereinabove are true and correct. SECTION 2: The City Council of the City of Vernon hereby approves the Equipment Purchase Contract with Motorola, in substantially the same form as the copy which is attached hereto as Exhibit A and incorporated by reference. SECTION 3: The City Council of the City of Vernon hereby authorizes the Acting City Clerk, or his designee, to make whatever nonsubstantive, administrative and/or text changes, upon advice of counsel, to the documents relating to the Contract. SECTION 4: The City Council of the City of Vernon hereby authorizes the Mayor to execute said Contract for, and on behalf of, the City of Vernon and the Acting City Clerk is hereby authorized to attest thereto. SECTION 5: The City Council of the City of Vernon hereby directs the Acting City Clerk, or his designee, to send one fully executed Contract to: Motorola, Inc. Attn. Contracts Manager 6450 Sequence Drive San Diego, CA 92121 - 2 - 4 j . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SECTION 6: The Acting City Clerk of the City of Vernon shall certify to the passage of this resolution, and thereupon and thereafter the same shall be in full force and effect. APPROVED AND ADOPTED this 5th day of September, 2006. ATTE ,. BRUCE V. MALKENHORST, JR. Acting City Clerk -'LEONIS C. MA BURG, Mayor - 3 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) I, BRUCE V. MALKENHORST, JR., Acting City Clerk of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. 9126, was duly adopted by the City Council of the City of Vernon at an adjourned meeting of the City Council duly held on Tuesday, September 5, 2006, and thereafter was duly signed by the Mayor of the City of Vernon. (SEAL) its BRUCE V. MALKENHORST, JR. Acting City Clerk - 4 - EXHIBIT A 1 2 3 4 5 6 7 8 9 10 11 12 13' 14, 15 16 17 18 19, 20 21 22 23 24 25 26 27 28 EQUIPMENT PURCHASE CONTRACT THIS CONTRACT is made, entered into and executed in duplicate originals, either copy of which may be considered and used as the original hereof for all purposes, as of this 5tn day of September, 2006, in the City of Vernon, County of Los Angeles, California BY AND BETWEEN THE CITY OF VERNON, a municipal corporation (hereinafter referred to as "City") 4305 Santa Fe Avenue Vernon, CA 90058 AND MOTOROLA, INC., a Delaware corporation (hereinafter (referred to as "Motorola") 2601 Manhattan Beach Boulevard Redondo Beach, CA 90278 WHEREAS, the City's Police Department has been allocated funds under 2005 Urban Areas Security Initiative Grant No. 2005-0015 for communication equipment; and WHEREAS, the City's Police Department desires to use the funds to purchase sixteen (16) Portable digital portable radios with software, accessories and related equipment; one (1) charger and six (6) batteries (hereinafter collectively referred to as the "Radios") to replace existing analog communication system in conformance with Federal mandates requiring public safety agencies to migrate to digital formats; and WHEREAS, the purchase of the Radios will improve the effectiveness of the Police Department's operation and enhance the services provided to citizens, residents and businesses within the Vernon community; and N 1 WHEREAS, Motorola, through Advanced Electronics, Inc 2 (hereinafter "Advanced"), a Motorola representative and a vendor the 3 City has used in the past, has submitted a quotation (referred to 4 hereinafter as the "Quotation"), a copy of which is attached hereto as 5 Exhibit A and incorporated by reference; and 6 WHEREAS, the Quotation reflects prices and discounts based 7 upon Motorola's Los Angeles County ContractE- which is valid 8 through INS' ; and 9 WHEREAS, Motorola has advised the City that it can furnish 10 the Radios, as set forth in the Quotation, and is willing to do so on 11 the terms and conditions set forth below; and 12 WHEREAS, City desires to enter into an agreement with 13 Motorola to provide for the purchase and delivery of the Radios. 14 NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS SET 15 FORTH HEREIN: 16 1. Scope of Services. 17 Motorola agrees to sell, deliver, furnish the necessary 18 equipment, and test the Radios, as described in detail in the lg Quotation. In the event of a conflict between the Quotation and this 20 Contract, the terms of this Contract shall prevail. 21 2. Time of Performance. 22 Motorola's performance as identified herein shall commence 23 upon the full execution of this Contract and shall be completed by 24 Motorola pursuant to the terms of the Quotation, unless otherwise 25 terminated or extended. Delivery of the equipment is expected no later 26 than 45 days from the issuance of the City's Purchase Order. If 27 delivery of the Radios is not completed within this time period, the 28 City shall have the option of canceling this Contract in order to - 2 - 1 2 3 4 5 6' 71 8, 9' 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 proceed with the purchase of the equipment from another vendor, if one can be located. The delivery date may also be extended at the City's sole discretion for an additional thirty (30) days, or such other time as the parties may agree. 3. Price. The City shall compensate Motorola for the actual equipment purchased under the Quotation. The total compensation shall not exceed Forty -Three Thousand Eighty -Two Dollars and Thirty -Three Cents ($43,082.33), which includes tax. 4. Method of Payment. The City agrees to pay Motorola for the full amount of the Radios within thirty (30) days after the City's testing and acceptance of the equipment and the City's receipt of an invoice from Motorola. Purchase orders shall be made out to Motorola, c/o Advanced Electronics located at 2601 Manhattan Beach Blvd., Redondo Beach, CA 90278-1604, for processing. Motorola shall be responsible for paying any subcontractors used in the performance of this Agreement. Subcontractors shall not bill the City directly. 5. Change and Extra Services. City reserves the right to request changes in the equipment or additions to or deletions from the equipment purchased from Motorola. All such changes shall be incorporated in written change orders executed by City and Motorola and shall specify the changes ordered and the adjustment of prices, delivery schedules and warranties. Any equipment or services added under this section shall be executed under all applicable conditions of this Contract. No claim for additional compensation or extension of time shall be recognized - 3 - 1 unless contained in a duly executed change order. 2 6. Cancellation/Default. 3 A. This Contract may be terminated by the City for its 4 convenience upon fifteen (15) days prior written notice and upon 5 payment of reasonable and proper termination charges, including, but 6 not limited to, all costs incurred or committed prior to the effective 7 date of notice of termination and all charges incurred by Motorola in 8 connection with the termination. 9 B. In the event that Motorola commits a breach of a 10 material condition of this Contract, the City shall notify Motorola in 11 writing of said breach and if Motorola has not cured or begun 12 reasonable efforts to cure after fifteen (15) days of receipt of said 13 notice, and fails to diligently pursue corrective action, then the City 14 shall have the right to cancel this Contract. Motorola shall be 15 responsible for any direct costs due to the City's re -procurement of 16 the equivalent of the equipment or services cancelled from Motorola. 17 7. Confidential Information. 18 A. Access to Confidential Information. The City may 19 provide Motorola and/or its subcontractor with, or allow Motorola 20 access to, certain information not available to the public concerning, 21 but not limited to the City, or businesses located in the City. The 22 information may include, but is not limited to, company information, 23 taxes, sales, value of assets, utility usage, or other such 24 information. All such information shall be known as "Confidential 25 Information" and may not be used to circumvent the responsibility of 26 either party to this Contract. 27 "Confidential Information" means all information 28 consistent with the fulfillment of this Contract that is (i) disclosed - 4 - 1 under this Contract in oral, written, graphic, machine recognizable, or 2 sample form, being clearly designated, labeled or marked as 3 confidential or its equivalent or (ii) obtained by examination, testing 4 or analysis of any hardware, software or any component part thereof 5 provided by discloser to recipient. Confidential Information that is 6 disclosed orally must be identified as confidential at the time of 7 disclosure and confirmed by the discloser by submitting a written 8 document to the recipient within 30 days after such disclosure. The 9 written document must contain a summary of the Confidential Information 10 disclosed with enough specificity for identification purpose and must 11 be labeled or marked as confidential or its equivalent. 12 B. No Disclosure. Except as expressly permitted, Motorola 13 and/or its subcontractor shall not disclose, permit the disclosure of, 14 release, disseminate, or transfer, whether orally or by any other 15 means, any part of such Confidential Information to any other person or 16 entity, whether corporate, governmental, or individual, without the 17 express prior written consent of an authorized representative of the 18 City. Motorola and/or its subcontractor shall return any written 19 Confidential Information, and all copies made of such items, to the 20 City upon the City's written request, but in any event not later than 21 the date that Motorola has performed all services to be performed 22 pursuant to this Contract. Motorola hereby agrees that such 23 Confidential Information and any documents provided may be used by 24 Motorola and/or its subcontractor only as authorized by the City. 25 Motorola shall include a contract provision in its contract with 26 subcontractors that binds the subcontractors to this non -disclosure 27 requirement. Motorola shall take reasonable measures to avoid any 28 disclosure of any such Confidential Information to any unauthorized - 5 - 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 261' 27 28 person. C. Court Ordered Disclosure. Motorola shall immediately notify the City of any court order or subpoena requiring disclosure of Confidential Information, and shall cooperate with legal counsel in the appeal or challenge of any such order or subpoena. Recipient may only disclose Confidential Information required to be disclosed pursuant to court order or subpoena after legal counsel has exhausted any lawful and timely appeal or challenge. D. Remedies. In addition to any other remedies that it may have at law or in equity, the City shall be entitled to a temporary and permanent injunction by a court of competent jurisdiction against any breach or threatened breach of the Confidential Information provisions of this Contract. Motorola acknowledges that in case of such breach or threatened breach of said provisions, the City would have no adequate remedy at law. 8. Warranties. Motorola warrants title to the equipment purchased hereunder and any part thereof to be free of any claim of any security interest, lien or any encumbrance. Motorola also warrants that the equipment will be delivered new and shall be free from defects in material and workmanship and will provide a one year labor and material warranty for the warranty period of twelve months commencing from the date of operation, but not to exceed two (2) months from the date of shipment, and a two (2) year express service plus warranty. The City shall provide Motorola with written notice that operation has commenced within ten (10) days of commencement. All manufacturers' warranties provided by Motorola, and any other warranties typically provided by Motorola or made applicable by law shall apply to the parts and labor - 6 - 1 2' 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 provided by hereunder. THESE WARRANTIES ARE THE COMPLETE WARRANTIES FOR THE RADIOS PROVIDED UNDER THIS AGREEMENT AND ARE GIVEN IN LIEU OF ALL OTHER WARRANTIES. MOTOROLA DISCLAIMS ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 9. Compliance with Laws. Motorola shall strictly observe and comply with all applicable federal, state, and local laws, ordinances and regulations governing this sale, including but not limited to any permit or license requirements of the United States Department of Commerce, as well as any laws of the United States of America. 10. Governing Law. The validity, interpretation and performance of this Contract shall be controlled and construed under the laws of the State of California. 11. Forum Selection. Any action brought relating to this Contract shall be brought and held exclusively in a State Court in the County of Los Angeles, California. 12. Notices. Notices to the parties, unless otherwise requested in writing, shall be sent to: City: THE CITY OF VERNON ATTN: BRUCE V. MALKENHORST, JR., ACTING CITY CLERK 4305 SANTA FE AVENUE VERNON, CA 90058-0805 Motorola: MOTOROLA, INC. ATTN: CONTRACTS MANAGER 2601 MANHATTAN BEACH BLVD. REDONDO BEACH, CA 90278 - 7 - 1 13. General Provisions. 2 A. Independent Contractor. 3 At all times during the term of this Contract, Motorola shall 4 be an independent contractor and shall not be an employee of City. 5 City shall have the right to control Motorola only insofar as the 6 results of Motorola's services rendered pursuant to this Contract; 7 however, City shall not have the right to control the means by which 8 Motorola accomplishes services rendered pursuant to the Contract except 9 to the extent that such services involve the use of City property or 10 Confidential Information. 11 B. Motorola Not Agent. 12 Except as City may specify in writing, Motorola shall have no 13 authority, express or implied, to act on behalf of City in any capacity 14 whatsoever as an agent. Motorola shall have no authority, express or 15 implied, pursuant to this Contract to bind City to any obligation 16 whatsoever. 17 C. Limitation of Liability. 18 This limitation of liability provision shall apply 19 notwithstanding any contrary provision in this Agreement. Except for 20 personal injury or death, Motorola's total liability, whether for 21 breach of contract, warranty, negligence, strict liability in tort, 22 indemnification, or otherwise, will be limited to the direct damages 23 recoverable under law, but not to exceed the price of the Radios with 24 respect to which losses or damages are claimed. ALTHOUGH THE PARTIES 25 ACKNOWLEDGE THE POSSIBILITY OF SUCH LOSSES OR DAMAGES, THEY AGREE THAT 26 MOTOROLA WILL NOT BE LIABLE FOR ANY COMMERCIAL LOSS; INCONVENIENCE; 27 LOSS OF USE, TIME, DATA, GOOD WILL, REVENUES, PROFITS OR SAVINGS; OR 28 OTHER SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES IN ANY - 8 - 1 WAY RELATED TO OR ARISING FROM THIS AGREEMENT, THE SALE OR USE OF THE 2 RADIOS, OR THE PERFORMANCE OF SERVICES BY MOTOROLA PURSUANT TO THIS 3 AGREEMENT. This limitation of liability will survive the expiration or 4 termination of this Agreement. No action for breach of this Agreement 5 or otherwise relating to the transactions contemplated by this 6 Agreement may be brought more than one (1) year after the accrual of 7 such cause of action, except for money due upon an open account. 8 D. Insurance. 9 Motorola agrees to provide insurance in the amounts and forms 10 specified in Exhibit B, which is attached hereto and incorporated by 11 reference. Comparable coverage shall be provided for each 12 subcontractor used in the performance of this Contract. Motorola shall 13 submit to City documentation indicating compliance with these minimum 14 requirements no less than one (1) day prior to the beginning of j 15 performance under this Contract. Motorola shall not commence 16 performance of its services under this Contract until the above 17 insurance has been obtained and proof of insurance has been filed with 18 and approved by City. 19 E. Entire Agreement. 20 This Contract constitutes the complete and final expression 21 of the agreement of the parties and is intended as a complete and 22 exclusive statement of the terms of their agreement and supersedes all 23 prior and contemporaneous offers, promises, representations, 24 negotiations, discussions, communications and agreements which may have? 25 been made in connection with the subject matter hereof. All exhibits 26 are incorporated by reference. Motorola represents that in entering 27 into this Contract it has not relied on any previous representations or 28 understandings of any kind or nature. - 9 - 1 F. Partial Invalidity. 2 Wherever possible, each provision hereof will be interpreted 3 in such manner as to be effective and valid under applicable law, but 4 in case any one or more of the provisions contained herein will, for 5 any reason, be held to be invalid, illegal or unenforceable in any 6 respect, such provision will be ineffective to the extent, but only to 7 the extent of such invalidity, illegality or unenforceability without 8 invalidating the remainder of such provision or provisions or any other 9 provision hereof, unless such a construction would be unreasonable or 10 contrary to the parties' intent as expressed in this Contract. 11 G. Risk of Loss. 12 Title and risk of loss or damage shall pass to City and 13 delivery shall be deemed to be complete upon delivery FOB 4305 Santa Fe 14 Avenue, Vernon, California. 15 H. Benefit of Agreement. 16 This Contract shall bind and benefit the parties hereto and 17 their heirs, successors, and permitted assigns. 18 I. Force Majeure. 19 Neither party shall be considered to be in default in any of 20 its obligations under this Contract when a failure of performance shall 21 be due to an uncontrollable force. The terms "uncontrollable force" 22 shall mean any cause beyond the control of the party affected, 23 including, but not restricted to, flood, earthquake, storm, fire, 24 lightening, epidemic, war, riot, civil disturbance or disobedience, 25 labor dispute, labor material shortage, sabotage, federal, state, or 26 municipal action, statute, ordinance, or regulation, embargoes or the 27 United States Government or any other government, which by exercise of 28 due diligence such party could not reasonably have been expected to - 10 - 1 avoid and by exercise to due diligence has been unable to overcome. 2 Either party rendered unable to fulfill any of its obligations under 3 this Contract by reason of an uncontrollable force, shall give written 4 notice within five (5) business days of such fact to the other party 5 and shall exercise due diligence to remove such inability with all 6 reasonable dispatch. 7 J. Waiver. 8 Any waiver at any time by either party of its rights with 9 respect to a default under this Contract, or with respect to any other 10 matters arising in connection with this Contract, shall not be deemed a 11 waiver with respect to subsequent default or other matter. 12 K. Amendment. 13 All changes or modifications to this Contract shall be in a 14 writing stating that it is an amendment to this Contract and shall be 15 signed by both parties or their duly authorized agents. This Contract 16 shall not be modified through course of dealing, usage or trade. 17 L. Attorneys' Fees. 18 In the event that it becomes necessary for either party to 19 this Contract to enforce any of the provisions of this Contract, the 20 parties agree that a court of competent jurisdiction may determine and 21 fix reasonable attorney's fees to be paid to the successful litigant. 22 M. Arbitration. The parties agree that any and all 23 disputes arising out of or in relation to this Agreement, including 24 without limitation any action in tort, shall be resolved exclusively, 25 finally and conclusively by arbitration in Los Angeles County, 26 California under the auspices of and pursuant to the rules of the 27 Judicial Arbitration & Mediation Services Inc. (JAMS). Each party will 28 select an arbitrator. Those two arbitrators will then select a third. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 The three member panel will make the final decision. The parties agree that the authority of the arbitrator to issue a money judgment shall be limited to the contract price. All decisions of the arbitrators shall be in writing, and the arbitrators shall provide written reasons for their decision. The arbitration decision shall be final and binding on the parties. Notwithstanding the foregoing, the parties shall be permitted to access the court system to enforce any arbitration award or to obtain injunctive relief. The exclusive jurisdiction and venue for any such action shall be the Superior Court of California, Los Angeles County. IN WITNESS WHEREOF, the parties have caused this Contract to be executed by and through their authorized officers on the date, month and year first written above. ATTEST: BRUCE V. MALKENHORST, JR. Acting City Clerk APPROVED AS TO FORM: ERIC T. FRESCH, City Attorney 02 By: Title: By: Title: CITY OF VERNON LEONIS C. MALBURG, Mayor MOTOROLA, INC. - 12 - E�IBIT A f -- a a C. N m O V- v O O p a m s x xr o p Esgt _ m O A C ss d mm� x A Op m .!a _m a w _s F c ci. o D ') O A rd. a o IR o o�-NG F m 0 0m� m$ d m am Cm ° m y A om Iwc 3 n c 6' m �� M UO m m.4 W o y O Ice o a m >m a ?? Dc, o no a m m c � 6fi m m o n mal a � "D Q o Q' to m CD m� y CL v3 r m m O o O < G Y1 R4 n N m H:)I33O S . 3MM X.T.T.) 0 i� O ram... O E rn m x W O d. W 4 a 0 y td A u a w �A Iv cri 0 Sy D z Y �a O z � W i m m r o < X m M v X Q °D z n M a c. D N N 0o m z CD w Q Q o' o : 3 v m w ZI CD m CD Q. `r1 CD o .4 c � O 3 CD O ED D C CD 0 4 CD O 3 OC-T,T WYO nor v , ---- .-- .__ 90016 HDI330 S.TdO XTT7 QC*T 070 070 Vwx An • nT EBIT B 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EXHIBIT B INSURANCE SCHEDULE Motorola shall provide proof of insurance, including a standard certificate of insurance, in at least the following amounts and coverage (combined single limit permitted): I. Coverage and Limits Hazards Automobile Liability BodilyI jury Property Damage Each Person Each Accident Each Accident Owned Automobiles $ 500,000 $1,000,000 $ 500,000 Hired Automobiles $ 500,000 $1,000,000 $ 500,000 Non -Owned Automobiles $ 500,000 $1,000,000 $ 500,000 Workers' Compensation $ Statutory Employers' Liability $1,000,000 per employer H. Liabilitv General Liability $1,000,000 $2,000,000 $1,000,000 Premises Operations $1,000,000 $2,000,000 $1,000,000 Elevators (if applicable) $1,000,000 $2,000,000 $1,000,000 Independent Contractors $1,000,000 $2,000,000 $1,000,000 Products - Completed Operations $1,000,000 $2,000,000 $1,000,000 Contractual Liabilitv $1,000,000 $2,000,000 $1,000,000 Umbrella Liability $2,000,000 $2,000,000 $2,000,000 a. [a The general liability policy shall contain the following special endorsements which shall be noted on or attached to the standard certificate of insurance: 1. An original endorsement naming the City of Vernon, its officers, and employees as additional insureds under the policy. 2. An endorsement providing the City of Vernon thirty (30) days notice of cancellation or material reduction of coverage. 3. An endorsement providing coverage for all operations under this Agreement and specifying the activities covered. 4. Such other endorsement as may be required by City. 5. A copy of your general and umbrella insurance policy declarations page. 6. A copy of schedule of forms of endorsement. In addition to the above, the Contractor shall provide such further proof of insurance documentation as the City deems necessary. EXHIBIT "B" FIRE DAMAGE (Anyone fire) $ 250,000 MED EXP (Anyone person) $ 10,000 B AUTOMOBILE X LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS AS2-641-005169-016 7/01/2006 7/01/2007 COMBINED SINGLE LIMIT _ $ 5,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ GARAGE LIABILITY ANY AUTO - AUTO ONLY - EA ACCIDENT $ OTHER THAN AUTO ONLY: EACH ACCIDENT $ AGGREGATE $ EXCESS LIABILITY UMBRELLA FORM OTHER THAN UMBRELLA FORM EACH OCCURRENCE $ AGGREGATE $ $ C C WORKER'S COMPENSATION AND EMPLOYERS' LIABILITY THE PROPRIETOR/ PARTNERS/EXECUTNE RINCL OFFICERS ARE: EXCL WA7-64D-005169-086 (ALL OTHER STATES) WC7-641-005169-096 (OR & WI) 7/01/2006 7/01/2007 X TORY L MRS OER EL EACH ACCIDENT $ 1,000,000 EL DISEASE - POLICY LIMIT $ 1,000,000 EL DISEASE - EA EMPLOYEE $ 1,000,000 IOTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS REFERENCE 04-13076/DL. CITY OF VERNON, CA., IT'S OFFICERS, AND EMPLOYEES ARE LISTED AS ADDITIONAL INSURED UNDER THE GENERAL LIABILITY WITH RESPECT TO THIS CONTRACT. (SEE ATTACHED ENDORSEMENT) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE CITY OF VERNON, CA EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL ATTN: RISK MANAGEMENT/ CORRINA 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, REF: 04-13076/DL BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY 4305 SANTE FE AVE. OF ANY KIND UPON THE COMPANY, ITS . AGENTS OR REPRESENTATIVES. VERNON, CA 90058 AUTHORIZED REPRESENTATIVE OF AON RISK SERVICES, INC. OF ILLINOIS Aon Risk Serviced he of Illinois THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED — OWNERS, LESSEES OR CONTRACTORS — SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following; COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE I Name Of Additional Insured Person(s) Location(s) Of Covered Operations Or Ordanizatlonki- All Entities as required in writing prior to the date of lose Uiformation required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section li — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown In the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising Injury" caused, in whole or in part, by; 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; In the performance of your ongoing operations for the additional Insureds) at the locations) desig- nated above. CG 20 10 07 04 S. With respect to the Insurance afforded to these additional Insureds, the following additional exclu- sions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after. I. All work, including materials, parts or equip- ment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or m ISO Properties, Inc_, 2004 Page 1 of 2 £00/Z00'd ZT8L# ZONKNIZ EPIO'd0ION TO£V 8£5 08 9£:£T 900Z,TZ'd3S 2. That portion of "your work" out of which the Injury or damage arises has been put to its in- tended use by any person or organization other than another contractor or subcontractor en� gaged In performing operations for a principal as d part of the same project This endorsement Is executed by the LIBERTY MUTUAL FIRE INSURANCE COMPANY Premium 3 Ellactive bate For atochrnent to Policy No. Audit Sods Issued To Issued Page 2 of 2 Expiration Dole RG2-641-005185-075 CountemIgnad by Authorized Reprawrltawo Sales ptticc and No. End. Serial No. 33 ® ISO Properties, Inc.. 2004 C© 20 10 07 04 £00/E00'a ZTBL# SONVNId VIoxozoia TOES BEG Lb8 9£:£T 9003,TZ'a22 Best's Rating Center - Company Information for Liberty Mutual Fire Insurance Company Page 1 of 2 Rating Center Vtew Ratings: Financial Stren4ih Issuer Credit Securities Advanced Search Other Web Centei Rating Methodology Industry Research Ratings Definitions ►1 Liberty Mutual Fire Insurance Company Search Best's Ratings (a member of Liberty Mutual Insurance Companies) Assigned to companies that A.M.Best #: 02282 NAIC #: 23036 FEIN #: 041924000 have, in our opinion, an i Press Releases excellent ability to meet their Related Products a Add ress:175 Berkeley Street Phone: 617-357-9500 ongoing obligations to Boston, MA 02117 Fax: 617-574-5955 policyholders. Industry & Regional Web: www,.Iibertvmutual.com Courdry Risk Best's Ratings How to Get Rated Contact an Analyst I Financial Strength Ratings ViewDefinitions Rating: A (Excellent) Affiliation Code: p (Pooled) Financial Size Category: XV ($2 billion or more) Outlook: Stable Action: Affirmed Effective Date: January 25, 2006 * Denotes Under Review Best's Ratings Issuer Credit Ratings View pe_fi_nitio Long-Term.a Outlook: Stable Action: Assigned Date: January 26, 2006 Reports and News Visit our NewsRoom for the latest news and vess releases for this company and its A.M. Best GrouF Best's Company Report - includes Best's Financial Strength Rating and rationale along witl analytical commentary, detailed business overview and key financial data. Report Revision Date: 03/23/2006 (represents the latest significant change). Historical Reports are available in Best's Com ap ny Report Archive. --. Sest's Executive Summary Reports (Financial Overview) - available in three versions, tht style reports feature balance sheet, income statement, key financial performance tests inclu( liquidity and reserve analysis. Data Status: 2006 Best's Statement File - P/C, US. Contains data compiled as of 8/29/2006 Checked). Single Company - five years of financial data specifically on this company. Comparison - side -by -side financial analysis of this company with a peer group of up to companies you select. Composite - evaluate this company's financials against a peer group composite. Report average and total composite of your selected peer group. Note: Adobe Reader is required to view the reports listed above. This software is available fi Systems Inc. An Excel export option is also available once the report has been opened usinc Best's Key Rating Guide Presentation Report - includes Best's Financial Strength Rating as provided in Best's Key Rating Guide products. Data Status: 2005 Financial Data (Quality Cross Checked). Financial and Analytical Products Best's_Property/Casualtv Center -_Premium Data_&_ Reports Best's Key Ratin_cL-Guide __P/C,US_&_Canada Best's Statement File -_P/C. US Best's Statement File -.,Global http://www3.ambest.com/ratings/FullProfile.asp?B1=0&AMBNum=2282&A1tSrc=1 &Alt... 9/21 /2006