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HomeMy WebLinkAbout05.K- Human Resources RESOLUTION (ID # 4559) DOC ID: 4559 CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION Purchase Order From: Helen Tran M/CC Meeting Date: 08/01/2016 Prepared by: Helen Tran, (909) 384-5161 Dept: Human Resources Ward(s): All Subject: Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the City Manager to Purchase the City's Property, Auto, and Cyber Security Insurance. (#4559) Current Business Registration Certificate: Not Applicable Financial Impact: The Fiscal Year 2016-17 Operating Budget includes funding for property insurance in the amount of $872,300.59. This is budgeted in the Liability Insurance Fund, Account Number 629-110-0056-5161. Motion: Adopt the Resolution. Synopsis of Previous Council Action: On September 8, 2015, the Mayor and Common Council approved authorization for the City Manager to purchase the City's Property, Auto and Cyber Security Insurance. Background: AON provided the City of San Bernardino with the 2016-2017 property insurance quote after an analysis within the insurance marketplace. As a result, this year's premium has been reduced from $1,000,365 for Fiscal Year (FY) 2015-16 to $872,301 for FY 2016- 17, a savings of $128,064. A portion of this savings can be attributed to the annexation of the City Fire Department into the County Fire Protection District. This savings is realized because fire department buildings and vehicles are no longer covered by the policy. Details of coverage for FY 2016-17: Coverage limits $125 million of risk (i.e., fire, wind, theft etc.) • Maintained all risk deductibles at $25,000 • Maintained limits for Equipment Breakdown at $125 million • Consolidated risk coverage in one policy with earthquake and flood ($30 million limit) • Maintained Auto Replacement Coverage with $5,000 deductible • Cyber & Network Liability of $2 million per occurrence and aggregate with $1 million data breach An approximately 13% premium decrease, as compared to expiring coverages. REPLACEMENT PAGES ITEM# 5K 8/1/16 4559 Since the FY 2013/2014 property insurance renewal, the City has consistently lowered the annual premium rate for property insurance. Also, it shall be noted the coverage limits have increased and the deductible amounts have lowered. Overall, the decrease in property insurance (premium savings) from FY 2013/2014 to current FY renewal is over $400,000. The total cost to bind these policies is $872,300.59. Below is the breakdown: Coverage Premium Property Premium with Fees $ 414,566.14 Difference in Conditions (Flood & Earthquake) $ 375,249.65 Auto Physical Damage $ 42,082.00 Cyber & Network Liability $ 40,402.80 Total $ 872,300.59 The approval of this resolution will officially bind the insurance program and maintain the required and mandated insurances for the City through July 31, 2017. The City must renew the property insurance policy in order to remain compliant with U.S. Bank and Bank of America lease agreements per the indenture of trust for the Police Station and City Hall buildings. Below are the coverages with insurance limits for the policy term. Coverage Limit Amount Carrier Rating Commercial Property $5 million Affiliated FM A.M. Best A+ XV Difference in Conditions $5 M XS $5M Westchester A.M. Best A++ Specialty XV Difference in Conditions $10 M XS $10 M Endurance A.M. Best A XIV Insurance Company Difference in Conditions $5 M XS $10 M Aspen Insurance A.M. Best A XV Company Difference in Conditions $5 M $10 M XS Essex/Evanston A.M. Best A XV $20 M Insurance Company Auto Fiscal Damage Replacement The Hanover A.M. Best A XIV Cost Insurance Group Cyber Liability $2 million Illinois Insurance A.M. Best A++ Company XV REPLACEMENT PAGES ITEM#5K 8/1/16 4559 City Attorney/HR Review: This information is revised to correctly state Affiliated FM (the City's primary property insurance carrier) is an admitted carrier to the State of California. Affiliated FM is a part of the California Insurance Guarantee Association (CIGA), which provides protection for policyholders should the carrier be declared insolvent. Claims that occurred before the carrier became insolvent can be paid up by the CIGA up to $500,000 per claim. The Hanover Insurance Group (Auto Insurance) and the Illinois Insurance Company (Cyber Liability Insurance) are both State of California admitted carriers. The excess carriers Westchester Specialty, Endurance Insurance Company, Aspen Insurance Company and, Essex/Evanston Insurance Company are not admitted carriers in California, which means they are not subject to the financial solvency regulation and enforcement that apply to California licensed insurers and those insurers do not participate in any of the insurance guarantee funds created by California law. Therefore, those funds will not pay claims or protect City assets if those insurers become insolvent and are unable to make payments according to the terms of the policy. However, the aforementioned excess insurers are AM Best rated of A or higher and have a Financial Size Category ("FSC") of XIV or higher. The rating process used to develop a Best's Credit Rating opinion represents a comprehensive analysis consisting of a quantitative and qualitative evaluation of balance sheet strength, operating performance and business profile or, where appropriate, the specific nature and details of a security. The analysis may include comparisons to peers, industry standards and proprietary benchmarks as well as assessments of operating plans, philosophy, management, risk appetite and the implicit or explicit support of a parent or affiliate. These are considered excellent or superior ratings which indicate these excess insurance companies are ranked in an FSC containing $2 billion or greater. The FSC is designed to provide the subscriber with a convenient indicator of the size of a company in terms of its statutory surplus and related accounts. Many insurance buyers only want to consider buying insurance coverage from companies that they believe have sufficient financial capacity to provide the necessary policy limits to insure their risks. Supporting Documents: RESOLUTION (DOCX) CiSB-Aon Statement-2016 Insurance RNLS as of 7-14-16 (2) (PDF) Aon Proposal 2016-FINAL 7-6-16 w-Quotes-98 pgs (PDF) Binder-All Signature Pages from 2016 Aon Proposal (2) (PDF) REPLACEMENT PAGES ITEM # 5K 8/1/16 RESOLUTION NO. 1 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO PURCHASE THE CITY'S 3 PROPERTY, AUTO, AND CYBER SECURITY INSURANCE. 4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 5 6 SECTION 1. The City Manager is hereby authorized and directed to purchase 7 Property, Auto, and Cyber Liability Insurance according to the municipal placements 8 renewal invoices attached hereto as "Exhibit A." d 9 SECTION 2. The Director of Finance is hereby authorized to issue a Purchase a. 10 Order to AON Risk Insurance Services West, Inc. for Property, Auto, and Cyber o 11 N 12 Liability Insurance for a total amount of$872,300.59. _ w a� 13 SECTION 3. The authorization granted hereunder shall expire and be void g a 14 and of no further effect if the purchase is not executed within sixty (60) days following 15 the effective date of this Resolution. 7T- z 16 ° HI D 17 0 18 /// Cn r 19 HI 20 21 a 22 23 24 25 26 HI 27 28 1 Packet Pg. 303 SX.a RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN 1 BERNARDINO AUTHORIZING THE CITY MANAGER TO PURCHASE THE CITY'S 2 PROPERTY, AUTO, AND CYBER SECURITY INSURANCE. 3 1 HEREBY CERTIFY that the foregoing Resolution was duly adopted by the 4 Mayor and Common Council of the City of San Bernardino at a 5 meeting thereof, held on the day of 6 2016, by the following vote, to wit: 7 8 Council Members: AYES NAYS ABSTAIN ABSENT E 9 MARQUEZ n. 10 BARRIOS 11 VALDIVIA N 12 SHORETT r L NICKEL CL 13 2 RICHARD a 14 MULVIHILL 15 z 16 0 D 17 Georgeann Hanna, City Clerk o co W 18 The foregoing Resolution is hereby approved this of , 2016. W 19 20 R. Carey Davis, Mayor City of San Bernardino a 21 Approved as to form: 22 Gary D. Saenz, City Attorney 23 24 By: 25 26 27 28 2 Packet'Pg.304 5.K.b An AQV Aon Risk Insurance Services West, Inc. San Francisco CA Office Empower Results® 425 Market Street, Suite 2800 San Francisco, CA 94105 (866)283-7122 FAX(800) 363-0105 INSURANCE STATEMENT Insured: City of San Bernardino Broker: William Deeb 570000002093 ;, a Annual Taxes and Total Coverage Insurance Company Policy No. premium Broker Fees Premium L 1. Property including N Broker Service Affiliated FM Global TBD $319,266.14 $95,300.00 $414,566.14 Fee/TRIA/Eng Fee/Policy Fee 2. Difference in Westchester Surplus TBD $127,425.00 $4,077.60 $131,502.60 Conditions$5Mxs$5M d 3. Difference in Conditions Endurance American TBD $146,189.00 $4,678.05 $150,867.05 LO $101VIxs$10M LID ct 4. Difference in Conditions Aspen Specialty TBD $45,000.00 $1,440.00 $46,440.00 $10Mxs$20M N cfl 5. Difference in Conditions Essex Insurance TBD $45,000.00 $1,440.00 $46,440.00 7 $10Mxs$20M d 6. Contractors Hanover Ins.Co. TBD $41,782.00 $300.00 $42,082.00 4-- Equipment/APD 0 7. Cyber and Network Illinois Union(ACE) TBD $39,150.00 $1,253.00 $40,402.80 N Liability J Z $872,300.59 IX d v C L N C tD O Aw N Date Mailed C Empower Results' RETURN THIS PORTION WITH YOUR CHECK y 7/14/2016 E R Insured: City of San Bernardino AMOUNT DUE DUE DATE Cn c Reference: Account Number 570000002093 $872,300.59 Upon Receipt 0 Q m PLEASE MAKE CHECKS PAYABLE TO:Aon Risk Insurance Services West,Inc. U w Send Remittance to: USD ONLY WIRE/ACH Remit to: d E Aon Risk Insurance Services West,Inc. Bank Name: Wells Fargo Bank Aon Risk Services Inc. Bank Address: 420 Montgomery Street,San Francisco,CA 94104 P.O.Box 849832 ABA Number: 121000248 Q Los Angeles,CA 90084-9832 Swift Number: WFBIUS6S Account Name: Aon Risk Insurance Services West,Inc. 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EY-O L N'O CL O -° aJ -p U L U Y m o C ° E c Y FX O of V N d v 7 L m— fl- o m _-O = Q o o v�N — aJ L O y O = p •N ro v m fl_ Y, v O w m 3 v 0 c 3 E °Y Y E p m o w m o v v u T N v v c Y L u C Y ^C C C p aO. u c U �n O?'m -O -O � Q m U m CL j m O C -° c aJ aJ-O 'in m L C C y m yr yr X L 7 L m _ �Y N !n V a m aJ Y o = Un m00 � E 'n u` 3a Ev Q) c yL C7o °_ LE Ycm <..- v E Y °Q 46 ovu ..,�� Yo w'- Qo - Oa) m > p > Uym cE U u v-O T Y u u O '^ C O v 7 N in cu m On= c C s m C O Y m T Y O Y -° O O ° = vm 7L W: c � c va fl °• o = � E� aJ = m n•N N C > v tO C)F" m V p -0 aJ m aJ m 0- Q) vac r L ov C: mm ao� > v3 mo -pvv v my a v �L _ p floe c u ° o p Y N_Y a-` c-C c -O U' C V -ICU v yr v Q Q v v ° = o E N Ou N U c•m V^ QD 9 O O �y �'- E � _ c vNE -O m y aJ .v O O E 4 O > m ° QY i- C o O v = aJ v N> L N C �-C = Q N Q aLm,, vii = ri C p O_N vNi p N aLp+ vi Q m C_ n E m-° O E v > L bD vOi m E O °L — L > aJ m -O m O E O v v al w ` C C v E i.+ u m Y Y fZ U C.� v N l7 ° a.� ° o v " o o m Y = � x ° m=O �< � � E v > 0-r- 3u v p `1 u v._ we ¢ U-.-•�w Y O dbo v u -° M,n.- mw C O v^¢ 00L w C ° ° C c v = L aJ E m 3 QY m CL m�T 'O 0ofc p ° c mom= o � u ^ooc C: =3 o ;acrC7v O aJ V ,_ - On aJ 0 N iJ = i fag v m -O ._ = N aJ m ° C = V m o O v 4 @ O 7 r °._L 0 ai m y C NAY M N 'O O p m O u u 0 0 m L ¢ C U E N -O p_ t p N Q� fl-O a)¢ V�•� ti >,.—'- /� v— N�. 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C U N Y fl. > c 3 7 V Z 0 C 0 Vf Q Q d O s IL-0 to o .0 iJ F°-O �° ° o Y� 0 O-H� m �•- _ aoue.insul A:pedoad 6990 s6d 86-salonb-m 9V9-L TdNI=1-9WZ lesodoad uoy :lu9w43ejjy N N rn L c M 4- Q () c c a) -0-0 ro O L Ll U 4.'' o 4- ° 0— O U ° a) a1 c .0-0 ai V) v v w +� Q ° o � c v 0 LnQ) 0 7 ro a) ° v =3 o C)- QQ c x m ao o QE �C fry O N Q-0 t 6 m c�C a0 a)'L E a) ++ c a) N L E L CL ._ L L 4- O }+ bn .L Q p a) O -Q N m Q L 0 a) O 0 hD a) c U 0 N,U U �� m m of-0 0.- a) Y m 7 +1 > U L � c +-+ L a) L V) C 0— 4.1 in 0-4-1 L i Ov 0 N m rUj^to m � 4- U 3 c (n a) m a) ++ -O V/ m M O N ° O L CO v a) a) -Q >�c a -0-O c a) _-O- V) - a) vt o E �c E-- =-0 c ° > v m U a, c°aQ O c > 0 +, 4 Q v o c � � ° + L �4-tH � v_0 Q- Q +� � m m N O +'-+ 1 a) U O a) L `� j 0'm 7 M txo ocoC: a) � E Ea) a)— Qa, QC ° O_ ° Q CL v NE > O E m a) a)— 4- > a)>--0 U L ° L c a) ut Q-1 Q-Q-Q-+m+ v O r>6 vi= >•7 r00 O •�� � m '� m 0 N@ C N E L t Q O L > c L -0 O (n Q m CL a °C x °O O n p L a) QL m m N N O L CL c rroo c9 cn U r U O ci .v aJ +- +-— U Vi�O u U n-, �_ +� 'a v cv � � 0vjv aoa) QCUcua) + i c Z> c Q O 4J Co y m U O— a) o+ c m L O c 4, O QO ° N ra °~N m O -0 c a m U U O �' a c c v 01 +1 0 4- c U� cv +� oii° � O� Ecm mcL Lao E 3 �� m +� _ v bZ E 4 ° a) Q m U U O +'N.�.� c m �O ° a) O L rn'0 U v p v c 7 a) pD >F s am+ L O U C Q O m +� c n ai m 4_ c Ear QL aol- Ov, c0 � cE a, v +1U0 c U a Q a)� v x� ° m c +, a)•-,- n ra s Q °'- c m e — c >Y U C:.-L +, m 4- Q-Q) m + +J c In ro m = N`n 3 0 ai a, c > o v °" c E r>o °� N M � EvC m O� v) c E " — O m > +' m o to. �' - O— c C O U a) a O•r0 c N � V O OL a c Q bD•i m a) +'. x; c N +J ai O m 2 a)ai O N� rC °i o L-0 Q) 10 Q� : L C Va 3 O o C L E c V ° to Ln ° ci O � �m m� N p o C: 4-cn a) U O O m4� ao" "� v ^ t no n a) a + E $— Q ut N c d " >- a) i L) > L_ -0 L a) OU o 41 -0 ++ v) o_ C C Ln m E'a a) -a O - (A m 4=�O )n > c >`� v > 0 co 0 c tLo c u o f 4-Q-o ro +0 p --aj u m Ln 'r6 m L m vi 1 a)._^ O0 rLo U O �41 O m n Q Q Q n O c rn a O ° O L V) 1>.. 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E a <� _ E = u � � Flu � ! � � � � ❑ ' � � � ! � uu � ', � 1 � � � � _w _x. A.- 0— o a l fl 8 4 z s 1 s z z z z z I z zIz, z z i z° S # I u ! u u u u u u u € u u u u u u u u u g < u ! d x x x x R `>� `>� l e � x x i x x ! x x ❑ 4' i E i ' i I i i i ❑ � I j A ~ e aoue.insul A:padoad : 6990 sfd 86-sa}onta-m 94-9-1 -lVNl:J-9LOZ lesodoad uay :luawyoe}ly LO V N vj z z 'z 'z zz zz z oy u a o 9 o e v D Y 5a� m ° - Y z z Z Z Z Z Z v d Ei A o c ' 3d0 z Z Z Z z z z ° c d v 0 33 E m y a c z z Z z Z Z Z u m oEEO- a v `t S 90 0 Ei Ei CN ° 2 E m y v o a� a" a" a" a�lN aN; sae a - = v� all EE m A .c E r o " ° ao Z Z s E v o v v c 7,2 3 = ¢ - - = o - ig z Z ! Z Z � m cw- - i �- - v g o m Y E_ E�u Q Q z ' Z Z Z Z z. _ 5-9 = o c c =o o - 9 3LaY x� u e� c o c4 o z > a' lo ys Eo3 y _ c ! " C — Y r - 0c�E —2 g m £ r o 0 3 v j 3 °�� �n � u c o E •E Y o@ v c_ e F•a. .W 3 r r- U V U V ++ U e 3 'uE E3 °m o E d@ .E I T XEIX X �4- 11 X fXX - '°A °�"16p"' Um -� ° _ _ E`e o = E ov O!cV._c.1..t�K V V c A « > 3 c.E o d 1 z� 5.K.c INSURANCE PROPOSAL for City of San Bernardino To:Billy Deeb From:Darya Haefele At:Aon Risk Insurance Services West,Inc. Date:06 Jun 2016 A. POLICY TERM: c 31-July-2016 to 31-July-2017 E ca B. NAMED INSURED: a U City of San Bernardino,and its wholly or majority owned subsidiaries and any interest which may now exist or hereinafter be created or acquired which are owned,controlled or operated by any one or more of those named insureds. N c C. POLICY LIMIT: t at CL This Company's total limit of liability,including any insured Business Interruption loss,will not exceed the Policy Limit 0 of$125,000,000 as a result of any one occurrence subject to the respective sub-limits of liability shown elsewhere in n. this Policy. �r D. POLICY TERRITORY: a� CL E. INSURANCE PROVIDED: 00 CP This Policy covers property,as described in this Policy,against ALL RISKS OF PHYSICAL LOSS OR DAMAGE, y except as hereinafter excluded,while located as follows: 0 See Attached Location Schedule. 3 to F. SUB-LIMITS: co ti Unless otherwise stated below or elsewhere in this Policy,the following sub-limits of liability,including any insured -� Q Business Interruption loss,will be the maximum payable and will apply on a per occurrence basis. Z 4 The sub-limits stated below or elsewhere in this Policy are part of and not in addition to the Policy Limit. co T When a limit of liability applies to a location or property,such limit of liability will be the maximum amount payable for N all loss or damage. N 0 There shall be no liability under this Policy when"NOT COVERED"is shown as a sublimit. 0. 0 1. $5,000,000 Earth Movement annual aggregate for all coverages provided,and is the maximum amount d payable for all loss or damage caused by or resulting from Earth Movement in any 0 occurrence,not to exceed: Q $50,000 Earth Movement annual aggregate as respects Errors&Omissions,Off-Premises Service Interruption,Unnamed Locations and Supply Chain combined. E 2. $5,000,000 Flood annual aggregate for all coverages provided,and is the maximum amount payable for 0 all loss or damage caused by or resulting from Flood in any occurrence,not to exceed: Q $50,000 Flood annual aggregate as respects Errors&Omissions,Off-Premises Service Interruption, Unnamed Locations and Supply Chain combined. 3. $1,000,000 Motor Vehicle Coverage Page 1 of 8 Packet Pg. 326 5'.K.c Additional Property Damage Coverage $1,000,000 Accounts Receivable $100,000 Arson or Theft Reward Policy Limit Brands and Labels $100,000 Change of Temperature Policy Limit Control of Damaged Property $500,000 Data,Programs or Software Policy Limit Debris Removal Policy Limit Decontamination Costs $100,000 Deferred Payment CU Policy Limit Demolition and Increased Cost of Construction $1,000,000 Errors and Omissions $2,500,000 Expediting Expenses $1,000,000 Fine Arts $50,000 Green Coverage not to exceed 25%of the amount of the property damage loss $50,000 Land and Water Clean Up Expense annual aggregate '- $100,000 Locks and Keys $100,000 Money and Securities o $10,000,000 Newly Acquired Property L $1,000,000 Off-Premises Service Interruption-Property Damage not to exceed$25,000 for voice,data, and video services 6' $250,000 Professional Fees U') Policy Limit Property Removed from a Location Policy Limit Protection and Preservation of Property-Property Damage not to exceed$250,000 for a security costs 00 $100,000 Tax Treatment $100,000 Tenants Legal Liability r Terrorism Coverage and the Supplemental United States Certified Act of Terrorism 0 Endorsement C $100,000 A. United States Certified Act of Terrorism coverage $100,000 B. Terrorism Coverage for Locations Outside of the United States annual aggregate t° T but not to exceed$100,000 annual aggregate for Property Removed from a co Location,Unnamed Locations and Flood $1,000,000 Transit not to exceed$250,000 for Business Interruption J Q $5,000,000 Unnamed Locations Z $500,000 Valuable Papers and Records 0 N Fa N Business Interruption Coverage Q 0 NOT COVERED Gross Earnings a NOT COVERED Gross Profits c 0 Policy Limit Rental Income Q $1,000,000 Extra Expense } c a� E U Business Interruption Coverage Extensions Q $100,000 Attraction Property 30 Days Civil or Military Authority $250,000 Computer Systems Non-Physical Damage annual aggregate $100,000 Contractual Penalties $100,000 Crisis Management not to exceed 30 Days 365 Days Extended Period of Liability Page 2 of 8 Packet Pg. 327 � $500,000 Ingress/Egress $250,000 Leasehold Interest $100,000 Logistics Extra Cost $1,000,000 Off-Premises Service Interruption-Business Interruption not to exceed$25,000 for voice, data,and video services Policy Limit Protection and Preservation of Property-Business Interruption $250,000 Research and Development $100,000 Soft Costs $1,000,000 Supply Chain E a a U _ L G. DEDUCTIBLE AMOUNT: � This Company will not be liable for loss or damage,including any insured Business Interruption loss,in any one L occurrence until the amount of loss or damage exceeds the deductible amount shown below and then this Company will Q. only be liable for its share of the loss or damage in excess of the deductible amount. If two or more deductibles apply to 0 a single occurrence,then no more than the largest deductible amount will apply. However,this Policy allows for the �- application of separate and distinct deductibles and deductibles for specific loss or damage as shown below. LO The following deductible amounts shall apply per occurrence,unless otherwise stated,for insured loss or damage under It this Policy: 1. Earthquake(per location for all coverages provided)for all locations: Q- 00 rn This Company will not be liable for loss or damage unless the amount of loss or damage exceeds 5%of the combined value of the property and annual business interruption value that would have been earned at the time such 0 loss or damage at the location where loss or damage occurs plus that proportion of the 100%business interruption value at all other locations where business interruption loss ensues,in accordance with the valuation and business interruption sections of this policy,subject to a minimum deductible amount of$100,000 per location. If coverage cc is provided for more than one location,this deductible percentage or minimum deductible amount will be applied separately to each location. ti J Q 2. $100,000 Flood(per location for all coverages provided). Z Li- 3. Boiler and Machinery: 0 N A.Property Damage:$25,000 FZ in 0 B.Business Interruption Average Daily Value: 0 d The business interruption deductible will be determined by multiplying the one hundred percent average daily value = 0 (ADV)by ONE. `t c The ADV will be calculated by dividing the sum of the 100%actual annual business interruption values that would have been earned had no loss occurred at the location where the physical damage happened plus that proportion of the 100%annual business interruption value at all other locations where Business Interruption loss ensues by the c�c number of annual working days. Q 4. Data,Programs,or Software and Computer Systems Non-Physical Damage Deductible: A. Data,Programs,or Software: Page 3 of 8 Packet Pg. 328 JON Arm In the event of loss or damage to Data,Programs,or Software insured by this Policy caused by the malicious introduction of a machine code or instruction,no coverage is provided unless the period of liability exceeds 48 hours beginning from the time of insured loss or damage.The company's liability commences only after,and does not include,the waiting period specified. If the period of liability exceeds 48 hours,the insured loss or damage will be calculated based upon the amount of such loss in excess of the waiting period,subject to a minimum deductible of$25,000 combined for all coverages. Any period in which business operations or services would have not been maintained,or any period in which goods would have not been produced will not be included as part of or serve to reduce the effect of any waiting period. E a B. Computer Systems Non-Physical Damage: �- a� U In the event of loss resulting from the failure of the Insured's electronic data processing or media to operate as a P direct result of a malicious act directed at the named Insured,no coverage is provided unless the period of liability N exceeds 48 hours beginning from the time of insured loss or damage.The company's liability commences only after, and does not include,the waiting period specified. L a� If the period of liability exceeds 48 hours,the insured loss or damage will be calculated based upon the amount of o such loss in excess of the waiting period,subject to a minimum deductible of$25,000 combined for all coverages. a w Any period in which business operations or services would have not been maintained,or any period in which goods LO would have not been produced will not be included as part of or serve to reduce the effect of any waiting period. 7t, w 5. $25,000 All Other Losses. a w rn H. SPECIAL TERMS AND CONDITIONS: � C'1 1. United States Certified Act of Terrorism 2015 co As respects the United States,its territories and possessions and the Commonwealth of Puerto Rico,the definition of terrorism contained in DEFINITIONS is declared null and void and it is agreed that an event defined as a Certified —� Act of Terrorism under the terms of the SUPPLEMENTAL UNITED STATES CERTIFIED ACT OF z TERRORISM ENDORSEMENT attached to this policy shall be considered terrorism within the terms of this E: policy. Notwithstanding anything contained in this policy to the contrary,this policy provides coverage for direct physical loss or damage to insured property and any resulting Business Interruption loss,as provided in the policy, N caused by or resulting from a Certified Act of Terrorism only to the extent coverage is provided under the terms and 5- conditions of the SUPPLEMENTAL UNITED STATES CERTIFIED ACT OF TERRORISM ENDORSEMENT o attached to this policy. Any difference in limit between loss recoverable under the SUPPLEMENTAL UNITED o STATES CERTIFIED ACT OF TERRORISM ENDORSEMENT and this policy is not recoverable under this a- policy. o Q r E 2. Specific Earth Movement Exclusion 0 w w ADDITIONAL PROPERTY DAMAGE COVERAGE,Earth Movement does not apply to any property except at Q the following location(s): 1.Carousel Mall Parking Garage,295 Carousel Mall,San Bernardino,CA,92401 2.300 North D Street,San Bernardino,CA,92418-0001 Page 4 of 8 Packet Pg. 329 5.K-.c 4. 710 North D Street, San Bernardino,CA,92401 5.765 North"E" Street, San Bernardino,CA,92404 14.200 East 3rd Street, San Bernardino,CA,92410 27.555 West 6th Street,San Bernardino,CA,92410 69. 120 South D Street,San Bernardino,CA,92401 71.3380 Little Mountain Drive,San Bernardino,CA,92405 72.780 North Road,San Bernardino,CA,92404 73.562 West 4th Street,San Bernardino,CA,92401 74.450 North E Street, San Bernardino,CA,92401 76.295 Carousel Mall, San Bernardino,CA,92401 E 78.280 South E Street,San Bernardino,CA,92401 79.396 North E Street, San Bernardino,CA,92415-1013 a 80. 1350 South E Street,San Bernardino,CA,92408 81.297 North E Street,San Bernardino,CA,92401 cLc 83.322-344 N. "E" Street,707 3rd Street, San Bernardino,CA,92401 a w L Q� Q. O 3. Motor Vehicle Coverage '- o. This Policy covers: LO to a) Motor vehicles; W 0 CL b) Trucks;and 00 c) Trailers; Y a� O Licensed for highway use. CY 3 PROPERTY EXCLUDED, item 7.,is amended to: m 7. Motor vehicles owned by directors,officers and employees of the Insured r' Q Motor Vehicle Coverage Exclusion:With respect to Motor Vehicle Coverage,the following additional exclusions Z FL apply: T 0 This Policy does not cover loss or damage resulting from: N i) Collision;or Q, O L ii) Overturn; a r- 0 While such motor vehicles,trucks,and trailers are being operated under their own power;or being towed(whether Q or not in motion at the time of loss). _ m E U fC w Q Page 5 of 8 Packet Pg.330' 5.K.c I. INDEX OF FORMS: The following forms are made part of this Policy: Title Form No. Edition Declarations Page PRO DEC 4100 (04/15) Declarations PRO S-1 4100 (04/15) a� All Risk Coverage PRO AR 4100 (04/15) CU (- Supplemental United States Certified Act of Terrorism 7312 (1115) Endorsement L California Amendatory Endorsement AFM 6488 (04/15) c Y L a� O Total Premium including the United States Certified Act of Terrorism coverage: $384,658 at 17.00%commission a Total Premium excluding the United States Certified Act of Terrorism coverage: $372,658 at 17.00%commission a) LO Total Premium for the United States Certified Act of Terrorism:$12,000 at 17.00%commission If the option to purchase coverage for the United States Certified Act of Terrorism is elected,the Additional Property a� Damage Coverage Sub-Limit for Terrorism Coverage part A.will be amended to A.$125,000,000 a w T Engineering Fees: $10,000 at no commission. W a� Applicable state taxes,surcharges and fees are not included in this proposal. Applicable state taxes,surcharges 0 and fees will be added to the invoice. (� Any variations between this proposal letter and Affiliated FM forms versus your application are not provided. co This proposal expires 07/31/2016. Q Z 0 N N O CL O L a- r_ O Q Y E U O Y Y Q Page 6 of 8 Packet Pg. 331 5.K.c ' Location Schedule 1.Carousel Mall Parking Garage,295 Carousel Mall,San Bernardino,CA,92401,Index No.076902.36 2.300 North D Street,San Bernardino,CA,92418-0001,Index No.076747.29 3.303 South E Street,San Bernardino,CA,92401-2010;Index No.002899.82 4.710 North D Street,San Bernardino,CA,92401,Index No.002899.83 5.765 North"E" Street,San Bernardino,CA,92404 6.333 Chandler Place,San Bernardino,CA,92408 7. 182 South Sierra Way,San Bernardino,CA,92408,Index No.002899.84 8. 184 South Sierra Way,San Bernardino,CA,92408 9. 185 South Sierra Way,San Bernardino,CA,92408 y, 10. 186 South Sierra Way,San Bernardino,CA,92408 n 11. 187 South Sierra Way,San Bernardino,CA,92408 12. 189 South Sierra Way,San Bernardino,CA,92408 13. 190 South Sierra Way,San Bernardino,CA,92408 14.200 East 3rd Street,San Bernardino,CA,92410 N c 15. 1201 West 9th Street,San Bernardino,CA,92411,Index No.002899.85 A 16.2121 Medical Center Drive,San Bernardino,CA,92411 L 17.2641 North E Street,San Bernardino,CA,92405 0 18. 1640 Kendall Drive,San Bernardino,CA,92407 �- 19. 1920 Del Rosa Avenue,San Bernardino,CA,92404 a 20.282 West 40th Street,San Bernardino,CA,92407 (n LO 21.3998 East Highland Avenue,San Bernardino,CA,92346 LO 22.202 North Meridian Avenue,San Bernardino,CA,92410 23.502 South Arrowhead Avenue,San Bernardino,CA,92408 a 24.450 East Vanderbilt Way,San Bernardino,CA,92408 00 25. 1208 North H Street,San Bernardino,CA,92405 6' 26. 1505 West Highland Avenue,San Bernardino,CA,92411 y 27.555 West 6th Street,San Bernardino,CA,92410,Index No.002899.86 0 28. 108 East Marshall Boulevard,San Bernardino,CA,92404 C 29.525 North Mount Vernon Avenue,San Bernardino,CA,92411 30.3650 Little League Drive,San Bernardino,CA,92407 C° 31.3651 West Little League Drive,San Bernardino,CA,92407-1963 32.West Baseline St and North California St,San Bernardino,CA,92411 33. 1466 West Marshall Boulevard,San Bernardino,CA,92405-1808 Q 34.8088 Palm Lane,San Bernardino,CA,92410 Z 35. South Weir Road&Harwick Drive,San Bernardino,CA,92408 36.2969 Flores Street,San Bernardino,CA,92407-6629 0 37. 1342 West Marshall Boulevard,San Bernardino,CA,92405 N 38.East Lynwood Drive&North Sterling Avenue,San Bernardino,CA,92404 a 39. 1180 West 9th Street,San Bernardino,CA,92411 Q 40.Mt.Vernon Avenue& 14th Street,San Bernardino,CA,92404 0 41.3145 Leroy Street,San Bernardino,CA,92404 42.4365 Park Drive,San Bernardino,CA,92407 Q 43. 1244 West 9th Street,San Bernardino,CA,92411 44.685 North Mount Vernon Avenue,San Bernardino,CA,92411 45.380 South K Street,San Bernardino,CA,92410 E 46. 179 East Rialto Avenue,San Bernardino,CA,92408 47.2nd Street&Sierra Way,San Bernardino,CA,92408 C4 48.503 East Central Avenue,San Bernardino,CA,92408 Q 49. 560 Hill Drive,San Bernardino,CA,92404 50.2750 West 2nd Street,San Bernardino,CA,92410 51.2931 Garner Avenue,San Bernardino,CA,92405-1925 52.24424 Monterey Avenue,San Bernardino,CA,92410-4942 53. 1494 East Art Townsend Drive,San Bernardino,CA,92408,Index No,002900.29 54. 888 East 6th Street,San Bernardino,CA,92410 Page 7 of 8 Packet Pg. 332 S.K.c IMF IL 55.607-1135 East Highland Avenue,San Bernardino,CA,92404 56.780 East 21st Street,San Bernardino,CA,92404 57.211 East 9th Street,San Bernardino,CA,92410 58. 1535 North Arden Avenue,San Bernardino,CA,92404 59. 1717 West 5th Street,San Bernardino,CA,92411-2463 60.222 North Lugo Avenue,San Bernardino,CA,92408 61. 160 West 5th Street,San Bernardino,CA,92401-1402 62.259 North 7th Street,San Bernardino,CA,92410 63.600 West 5th Street,San Bernardino,CA,92410 64.536 West 40th Street,San Bernardino,CA,92407-3502 E 65.3898 Pershing Avenue,San Bernardino,CA,92407 CU 66.780 Roberds Avenue,San Bernardino,CA,92411 a 67.6065 Palm Avenue,San Bernardino,CA,92407 68.LNG Fueling Station,San Bernardino,CA,92404 CU 69. 120 South D Street,San Bernardino,CA,92401 70.3380 Little Mountain Drive,San Bernardino,CA,92405,Index No.002899.87 71.780 North Road,San Bernardino,CA,92404 72.562 West 4th Street,San Bernardino,CA,92401,Index No.002899.88 Q 73.450 North E Street,San Bernardino,CA,92401,Index No.002899.88 0 74.201 North E Street,San Bernardino,CA,92401,Index No.002899.90 75.295 Carousel Mall,San Bernardino,CA,92401,Index No.076902.36 a; 76.Court Street and North"E",San Bernardino,CA,92401 M 77.280 South E Street,San Bernardino,CA,92401,Index No.002899.91 �! 78.396 North E Street,San Bernardino,CA,92415-1013 79. 1350 South E Street,San Bernardino,CA,92408 Q 80.297 North E Street,San Bernardino,CA,92401,Index No.002899.92 00 rn 81.2009 Toro Riding Mover,San Bernardino,CA,.92401 82.322-344 N."E"Street,707 3rd Street,San Bernardino,CA,92401,Index No.002899.89 0 83.385 N. "E"Street,San Bernardino,CA,92401 84.2060 East 18th Street,San Bernardino,CA,92404-5806 3 85.2557 Victoria Street,San Bernardino,CA,92410 86.691 West 8th Street,San Bernardino,CA,92410 87. 1715 North Arrowhead Avenue,San Bernardino,CA,92405-4111 ti 88. 1435 North Lugo Avenue,San Bernardino,CA,92404-5230 a 89.754 West 18th Street,San Bernardino,CA,92405-4235 Z 90.253 East 19th Street,San Bernardino,CA,92404-4710 u- 91. 1408 West 15th Street,San Bernardino,CA,92411-1706 m 92. 1312 North Lugo Avenue,San Bernardino,CA,92404 N 93. 1320 North Lugo Avenue,San Bernardino,CA,92404 94. 1420 Wall Avenue,San Bernardino,CA,92404 0 a 0 L 0 Q Y CdC C U t4 Y Y Q Page 8 of 8 Packet Pg. 333 5.K.c 2016 Property TRIA Form - sign and acc (2015: signed and accepted) POLICYHOLDER DISCLOSURE NOTICE OF TERRORISM INSURANCE COVERAGE Insured Name: City of San Bernardino Account Number: 83819 a� Insurer Name: Affiliated FM a The Terrorism Risk Insurance Act of 2002, as amended and extended in 2005, 2007 and again in 2015, gives you the right as part of your property renewal policy to elect or reject insurance coverage for locations within the United States or any territory or possession of the United States for losses arising out of acts of terrorism, as defined and certified in Y accordance with the provisions of the act. Q 0 L YOU SHOULD KNOW THAT WHERE COVERAGE IS PROVIDED FOR LOSSES RESULTING FROM CERTIFIED ACTS OF TERRRORISM, SUCH LOSSES MAY LO BE PARTIALLY REIMBURSED BY THE UNITED STATES GOVERNMENT UNDER A FORMULA ESTABLISHED BY FEDERAL LAW. UNDER THIS FORMULA, THE UNITED STATES GOVERNMENT GENERALLY PAYS 85% co (AND BEGINNING ON JANUARY 1, 2016, SHALL THEN DECREASE BY 1 PERCENTAGE POINT PER CALENDAR YEAR UNTIL EQUAL TO 80 PERCENT) o OF COVERED TERRORISM LOSSES EXCEEDING A STATUTORILY z ESTABLISHED DEDUCTIBLE PAID BY THE INSURER REFERENCED ABOVE. ALSO, THERE IS A $100,000,000,000 CAP ON THE FEDERAL AND INSURER SHARE OF LIABILITY STATING THAT IF THE AGGREGATE INSURED CO ti LOSSES EXCEED $100,000,000,000 DURING ANY CALENDAR YEAR, a NEITHER THE UNITED STATES GOVERNMENT NOR ANY INSURER THAT z HAS MET ITS INSURER DEDUCTIBLE SHALL MAKE PAYMENT OR BE LIABLE FOR ANY PORTION OF THE AMOUNT OF SUCH LOSSES THAT o EXCEED $100,000,000,000. THE PREMIUM CHARGED FOR THIS COVERAGE IS N PROVIDED BELOW AND DOES NOT INCLUDE ANY CHARGES FOR THE o PORTION OF LOSS COVERED BY THE FEDERAL GOVERNMENT UNDER THE o ACT. a _ 0 Q ACCEPTANCE OR REJECTION OF TERRORISM INSURANCE COVERAGE: UNDER FEDERAL LAW, YOU HAVE THE RIGHT TO ACCEPT OR REJECT THIS OFFER OF COVERAGE FOR TERRORIST ACTS COVERED BY THE ACT AS PART OF YOUR PROPERTY INSURANCE PROGRAM. IF WE DO NOT RECEIVE w THIS SIGNED DISCLOSURE FORM PRIOR TO THE RENEWAL POLICY Q EFFECTIVE DATE OF July 31, 2016, THEN YOUR RENEWAL POLICY WILL REFLECT YOUR DECISION NOT TO PURCHASE THE TERRORISM COVERAGE PROVIDED BY THE ACT. Page 1 of 2 Edition January,10086=11 I hereby elect to purchase coverage for terrorist acts covered by the act for an annual premium of$12,000 This premium does not include applicable taxes or surcharges. I hereby decline this offer of coverage for terrorist acts covered by the act. Y E a as U C Policyholder/Applicant Signature N C A d Q O L a. Print Name rn 0 LO 7t rn a oo Date N d Y O �P O 3 T J Q Z 4 to 0 N O N O Q O L a C O a C N E M U l4 Y Y Q Page 2 of 2 Edition January,2015 Packet Pg.'335. Page 1 Brown&Ri&ng 06/15/2016 Y PRODUCER: AON RISK SERVICES, INC. FROM: Shaida Monshi m Los Angeles , CA E ATTN: Billy Deeb, ED.D. Quotation c ca We are pleased to offer the following Quotation obtained solely on the basis of your instructions to us. This Quotation may S be withdrawn at any time prior to acceptance, and in no event will it remain open beyond 46 days from the date shown above. Coverage may not be bound without prior consent from the insurer as confirmed in writing by Brown & Riding. o L Please note that the coverage, terms, and conditions described in this Quotation may differ from those requested in Producer's original submission. Producer is responsible for reviewing the suitability of coverage, terms, and conditions LO with the insured and for reconciling any differences between this Quotation and your original submission to us. Brown & LO Riding disclaims any responsibility for identifying or reconciling differences between this Quotation and Producer's original N submission. a 0 0 a� TERM: 07/31/2016-07/31/2017 CY INSURED: City of San Bernardino 3 0 MAILING 300 North D Street, 5th Floor cc ADDRESS: San Bernardino, CA 92418 J Q COMPANY: Westchester Surplus Lines Insurance Company z COVERAGE(S): DIC Including Earth Movement& Flood, Covering Real Property, Personal Property, Business 0 Interruption, Ordinance or Law A N �a LIMIT(S): $5,000,000 Excess of$5,000,000 Per Occurrence (not to exceed statement of values) and in a Annual Aggregate as Respect to the Perils of Earth Movement and Flood ° a- c DEDUCTIBLE(S): Earth Movement and Flood, per primary, contemplates a minimum of: Q c Earth Movement- (for all coverages provided)for locations in California, Hawaii, Alaska, and Puerto E Rico: -� U For each occurrence, this company will not be liable for loss or damage to insured property unless r, the amount of loss or damage exceeds 5% of the combined value of property at the location where a loss or damage occurs, in accordance with the valuation section of this policy and annual business interruption value as defined in the Business Interruption Endorsement attached to this policy at the time such loss or damage at the location where loss occurs, subject to a minimum deductible amount of$100,000 per location. If coverage is provided for more than one location, this deductible 777 S.Figueroa Street,Suite 2550,Los Angeles,CA 90017-ph.(213)452-7060-N.(213)452-7080•CA License#0592033 Packet Pg:336 Page 2 w m&� • d�g 06/15/2016 percentage or minimum deductible amount will be calculated for and applied separately to each location m Flood -$100,000 Flood (per occurrence for each location for all coverages provided) a AOP-$25,000 Per Occurrence c� L TERMS: LOCATION: Per Schedule on File with Company (See Attached) VALUATION: o L Property- Replacement Cost a. Time Element-Actual Loss Sustained rn In COINS: `r Nil-Values Must be Reported at 100% a TIV: rn Flood-$312,657,877 m Earth Movement-$248,198,689 o CY FORM: 3 to ACE DIC Form Endorsement Amending Earth Movement and Flood Definitions to Match Affiliated Occurrence Definition Amended to State that the Occurrence Must Start During the Policy Period 72 Hour Occurrence Definition for Flood z z Priority of Payments Drop Down Clause for EQ/Flood (Only for Locations/Perils Covered by this Policy) c N WARRANTS: W All Risk Underlying c L a- SUBJECT TO: o 60/10 Day NOC 4 No Losses for Past 5 Years c Loss or Damage to Locations not Covered Under this Policy Shall not Contribute to the Erosion of E Underlying Policy No additions without prior approval (may be subject to separate rating and/or may require a higher Q attachment point) Coverages sub-limited in underlying insurance policy are not covered Signed D-1 (Needed to Bind) EXCLUSIONS: Demo& [CC (Will Allow for Erosion of Primary Sub-limits); 777 S.Figueroa Street,Suite 2550,Los Angeles,CA 90017-ph.(213)452-7060-fx.(213)452-7080•CA License#0592033 .Packet Pg°=:33T 5.K.c Page 3 06/15/2016 Brown&Riding Flood in FEMA Zones A, AO , AE, AH, Al-A30, A99, AR, V, VE, V1-30; EQSL; Y _ Pollution &Contamination; E E Asbestos; ca Electronic Data Amendment; a. a� Nuclear, Biological, Chemical and Radiological; Mold/Fungus; P Pre-existing Property Damage; N Terrorism; Terrorism Risk Insurance Act of 2002 (See Remarks for Offer); Other Exclusions and Limitations Per Form 0 0 L a TERRORISM: Pursuant to the Terrorism Risk Insurance Act(TRIA), as Outlined on the Attached, Coverage for a, Certified Acts of Terrorism is Available for an Additional Premium of$13,109 Plus Any Applicable LO Taxes & Fees. CL 00 rn m 0 Annual Premium $ 127,425.00 C! CA Surplus lines tax $ 3,822.75 CA Stamping fee $ 254.85 Total Gross Amount $ 131,502.60 tD ti J Q Z COMMISSION: 0.00% Balance due in 20 Days M 6 CD 25.00 % MINIMUM RETAINED PREMIUM IN THE EVENT OF CANCELLATION. NO FLAT CANCELLATIONS. C14 Ta Brown & Riding has the right to cancel any binder or policy in accordance with the cancellation provisions of such binder 0 or policy. If coverage is bound by Brown & Riding, a charge will be made in accordance with the policy terms and upon o binding, all fees for the full policy term will be fully earned. Producer guarantees payment of premium for risks placed a- through Brown & Riding. If Producer does not make timely payment of any sums due Brown & Riding, then Brown & 0 Q Riding may, without limitation of other remedies, cancel the policy for non-payment of premium. m Brown & Riding will bind or place insurance solely upon the written instructions of Producer. Brown & Riding assumes no E legal obligation as to the insurance applicant, insured, or known or unknown third parties regarding the suitability, Ca adequacy, or appropriateness of limits, terms, conditions, exclusions, and other policy features. Producer shall be Q responsible for disclosing to Producer's customer all Brown & Riding broker fees, other fees, and charges disclosed by Brown & Riding to Producer. Producer shall hold harmless Brown & Riding, and Brown & Riding shall hold harmless Producer,from any and all of the respective negligent or wrongful acts, omissions, or conduct that result in a financial or other obligation to the other. 777 S.Figueroa Street,Suite 2550,Los Angeles,CA 90017-ph.(213)452-7060-N.(213)452-7080•CA License#0592033 Packet Pg. 338 Page 4 Brown8dZidin 06/15/2016 9 In the event of a dispute between Brown & Riding and Producer, the prevailing party shall be entitled to recover its attorneys'fees, costs, and related litigation expenses in addition to any other recovery. Quote# 418150 y, ca Regards, a a) U Shaida Monshi = L Y� L Q 0 L- 0- LO Ln a, a CO rn v� m O d 3 ti J Q Z LL to 0 N tC N O Q. O L a. C O Q i+ d E V R a+ Q 777 S.Figueroa Street,Suite 2550,Los Angeles,CA 90017-ph.(213)452-7060-fx.(213)452-7080 CA License#0592033 Packet Pg. 339. ' k 5.K.c Page 1 Brown&Ri&ng 06/15/2016 PRODUCER: AON RISK SERVICES, INC. FROM: Shaida Monshi a� Los Angeles , CA E ca ATTN: Billy Deeb, ED.D. Quotation m U C L N We are pleased to offer the following Quotation obtained solely on the basis of your instructions to us. This Quotation may = be withdrawn at any time prior to acceptance, and in no event will it remain open beyond 46 days from the date shown above. Coverage may not be bound without prior consent from the insurer as confirmed in writing by Brown & Riding. o L Please note that the coverage, terms, and conditions described in this Quotation may differ from those requested in a Producer's original submission. Producer is responsible for reviewing the suitability of coverage, terms, and conditions with the insured and for reconciling any differences between this Quotation and your original submission to us. Brown & LO Riding disclaims any responsibility for identifying or reconciling differences between this Quotation and Producer's original N submission. a' a 0 w TERM: 07/31/2016-07/31/2017 0 CJ INSURED: City of San Bernardino MAILING 300 North D Street, 5th Floor cc ADDRESS: San Bernardino, CA 92418 J a COMPANY: Endurance American Specialty Insurance Company Z LL COVERAGE(S): DIC Including Earth Movement& Flood, Covering Real Property, Personal Property, Business 0 Interruption, Ordinance or Law A N R N LIMIT(S): $10,000,000 Excess of$10,000,000 Per Occurrence (not to exceed statement of values) and in a Annual Aggregate as Respect to the Perils of Earth Movement and Flood ° a. c DEDUCTIBLE(S): Earth Movement and Flood, per primary, contemplates a minimum of: Q c Earth Movement- (for all coverages provided)for locations in California, Hawaii, Alaska, and Puerto E Rico: For each occurrence, this company will not be liable for loss or damage to insured property unless r the amount of loss or damage exceeds 5% of the combined value of property at the location where a loss or damage occurs, in accordance with the valuation section of this policy and annual business interruption value as defined in the Business Interruption Endorsement attached to this policy at the time such loss or damage at the location where loss occurs, subject to a minimum deductible amount of$100,000 per location. If coverage is provided for more than one location, this deductible 777 S.Figueroa Street,Suite 2550,Los Angeles,CA 90017-ph.(213)452-7060-fx.(213)452-7080•CA License#0592033 Packet Pg.340- 5.K.c Page 2 Brovm&JRdding 06/15/2016 percentage or minimum deductible amount will be calculated for and applied separately to each location c m Flood -$100,000 Flood (per occurrence for each location for all coverages provided) CL m AOP-$25,000 Per Occurrence c L TERMS: LOCATION: _ Per Schedule on File with Company(See Attached) as VALUATION: o L Property- Replacement Cost a- Time Element-Actual Loss Sustained poi 7t COINS: N Nil-Values Must be Reported at 100% a 0 rn TIV: N Ar a� Flood - $312,657,877 0 Earth Movement- $248,198,689 0 CY 3 FORM: `r° Excess Follow Form (Subject to Receipt and Approval of Primary and ACE Forms Within 75 Days (6 ti or Will Issue on Endurance Forms) a Statement of Values Form (Will be Deleted) Z Endorsement Amending Earth Movement and Flood Definitions to Match Affiliated U Priority of Payments Drop Down Clause for EQ/Flood (Only for Locations/Perils Covered by this Policy) N N O WARRANTS: 0 All Risk Underlying a r- 0 SUBJECT TO: Q 60/10 Day NOC Clear Loss History E Loss or Damage to Locations not Covered Under this Policy Shall not Contribute to the Erosion of Underlying Policy Q No additions without prior approval (may be subject to separate rating and/or may require a higher attachment point) Signed D-1 (Needed to Bind) Signed Terrorism Disclosure (Needed to Bind) 777 S.Figueroa Street,Suite 2550,Los Angeles,CA 90017-ph.(213)452-7060-N.(213)452-7080•CA License#0592033 Packet Pg. 3,41 5.K.c Page 3 Bwm&Ri&,g 06/15/2016 EXCLUSIONS: Demo & ICC (Will Allow for Erosion of Primary Sub-limits); Flood in A, V or 100 Year Flood Zones; c EQSL; Absolute Mold; >1 to Absolute Pollution; 0- CD Asbestos; c Certain Computer Related Losses; P Named Peril Exclusion; N c War&Terrorism; Terrorism Risk Insurance Act of 2002 (See Below for Offer); a� Other Exclusions and Limitations Per Form o L a TERRORISM: Pursuant to the Terrorism Risk Insurance Act(TRIA), as Outlined on the Attached, Coverage for Certified Acts of Terrorism is Available for an Additional Premium of$10,000 Plus Any Applicable Ul) Taxes & Fees. a 00 rn N d i, O Annual Premium $ 146,189.00 Cpl CA Surplus lines tax $ 4,385.67 3 CA Stamping fee $ 292.38 `- Total Gross Amount $ 150,867.05 r. J Q Z COMMISSION: 0.00% Balance due in 20 Days 4- 25.00 % MINIMUM RETAINED PREMIUM IN THE EVENT OF CANCELLATION. NO FLAT CANCELLATIONS. N Brown & Riding has the right to cancel any binder or policy in accordance with the cancellation provisions of such binder Q or policy. If coverage is bound by Brown & Riding, a charge will be made in accordance with the policy terms and upon a binding, all fees for the full policy term will be fully earned. Producer guarantees payment of premium for risks placed through Brown & Riding. If Producer does not make timely payment of any sums due Brown & Riding, then Brown & 0 a Riding may, without limitation of other remedies, cancel the policy for non-payment of premium. m Brown & Riding will bind or place insurance solely upon the written instructions of Producer. Brown & Riding assumes no E legal obligation as to the insurance applicant, insured, or known or unknown third parties regarding the suitability, R adequacy, or appropriateness of limits, terms, conditions, exclusions, and other policy features. Producer shall be Q responsible for disclosing to Producer's customer all Brown & Riding broker fees, other fees, and charges disclosed by Brown & Riding to Producer. Producer shall hold harmless Brown & Riding, and Brown & Riding shall hold harmless Producer, from any and all of the respective negligent or wrongful acts, omissions, or conduct that result in a financial or other obligation to the other. 777 S.Figueroa Street,Suite 2550,Los Angeles,CA 90017-ph.(213)452-7060-N.(213)452-7080•CA License#0592033 �Packet�Pg X342` 7-- Page 4 Brown&Ri&ng 06/15/2016 In the event of a dispute between Brown & Riding and Producer, the prevailing party shall be entitled to recover its attorneys'fees, costs, and related litigation expenses in addition to any other recovery. Quote# 418150 E ca Regards, n- m U Shaida Monshi L CL O L a rn U7 LO a, CL U) d 0 C'1 co ca ti J a Z L� 0 N tC N O Q O L a C 0 a c m E .0 U a ,,. 777 S.Figueroa Street,Suite 2550,Los Angeles,CA 90017-ph.(213)452-7060-N.(213)452-7080 CA License 40592033 Packet Pg.343 Endurance Name of Applicant: City of San Bernardino Date of Notice: June 13,2016 Insurance Company: Endurance American Specialty Insurance Company POLICYHOLDER DISCLOSURE NOTICE OF TERRORISM INSURANCE COVERAGE E You are hereby notified that under the Terrorism Risk Insurance Act, as reauthorized and amended, that you have a right to purchase insurance coverage for losses resulting from acts of terrorism, as defined in Section 102(1) of th Act: The term "act of terrorism" means any act that is certified by the Secretary of the Treasury, in accordance wit cm the provisions of the federal Terrorism Risk Insurance Act, to be an act of terrorism;to be a violent act or an act the w is dangerous to human life,property,or infrastructure;to have resulted in damage within the United States,or outsid S the United States in the case of certain air carriers or vessels or the premises of a United States mission; and to hav ' been committed by an individual or individuals as part of an effort to coerce the civilian population of the Unite, States or to influence the policy or affect the conduct of the United States Government by coercion. ° a YOU SHOULD KNOW THAT WHERE COVERAGE IS PROVIDED BY THIS POLICY FOR LOSSE; LO RESULTING FROM CERTIFIED ACTS OF TERRORISM SUCH LOSSES MAY BE PARTIALL" REIMBURSED BY THE UNITED STATES GOVERNMENT UNDER A FORMULA ESTABLISHED BN " FEDERAL LAW. HOWEVER, YOUR POLICY MAY CONTAIN OTHER EXCLUSIONS WHICH MI H7 w CL AFFECT YOUR COVERAGE, SUCH AS AN EXCLUSION FOR NUCLEAR EVENTS. UNDER THL' co FORMULA, THE UNITED STATES GOVERNMENT GENERALLY REIMBURSES .85% IN 2015 ANI N DECREASES ITS REIMBURSEMENT PERCENTAGE I%EACH CALENDAR YEAR TO A TOTAL OF 80%IT o 2020 OF COVERED TERRORISM LOSSES EXCEEDING THE STATUTORILY ESTABLISHED DEDUCTIBL] PAID BY THE INSURANCE COMPANY PROVIDING THE COVERAGE. THE PREMIUM CHARGED F 3 THIS COVERAGE IS PROVIDED BELOW AND DOES NOT INCLUDE ANY CHARGES FOR THE PORTIOT to T OF LOSS COVERED BY THE FEDERAL GOVERNMENT UNDER THE ACT. co ti YOU SHOULD ALSO KNOW THAT THE TERRORISM RISK INSURANCE ACT, AS REAUTHORIZED ANI —� AMENDED, CONTAINS A $100 BILLION CAP THAT LIMITS U.S. GOVERNMENT REIMBURSEMENT A, z WELL AS INSURERS' LIABILITY FOR LOSSES RESULTING FROM CERTIFIED ACTS OF TERRORISM WHEN THE AMOUNT OF SUCH LOSSES IN ANY ONE CALENDAR YEAR EXCEEDS $100 BILLION. E c THE AGGREGATE INSURED LOSSES FOR ALL INSURERS EXCEED $100 BILLION, YOUR COVERAG N MAY BE REDUCED. ai 0 0. Acceptance or Rejection of Terrorism Insurance Coverage o a [ ] I hereby elect to purchase Terrorism coverage for certified acts of terrorism for a prospective premium of c $ 10,000.00 a [ ] I hereby decline to purchase terrorism coverage for certified acts of terrorism. I understand that I will have no coverage for losses resulting from certified acts of terrorism. 0 .r a Policyholder Signature Date TRIA TRIN 0115 Packet Pg. 344 5.K.c Page 1 Brown&J�i&ng 06/15/2016 PRODUCER: AON RISK SERVICES, INC. FROM: Shaida Monshi m Los Angeles , CA E CL ATTN: Billy Deeb, ED.D. Quotation U C f0 L We are pleased to offer the following Quotation obtained solely on the basis of your instructions to us. This Quotation may c be withdrawn at any time prior to acceptance, and in no event will it remain open beyond 46 days from the date shown above. Coverage may not be bound without prior consent from the insurer as confirmed in writing by Brown & Riding. o L Please note that the coverage, terms, and conditions described in this Quotation may differ from those requested in ° Producer's original submission. Producer is responsible for reviewing the suitability of coverage, terms, and conditions LO with the insured and for reconciling any differences between this Quotation and your original submission to us. Brown & LO Riding disclaims any responsibility for identifying or reconciling differences between this Quotation and Producer's original N submission. a' c. 0 0 U 2 TERM: 07/31/2016-07/31/2017 0 CJ INSURED: City of San Bernardino 3 m MAILING 300 North D Street, 5th Floor cc ADDRESS: San Bernardino, CA 92418 ~ J Q COMPANY: Evanston Insurance Company Z u. COVERAGE(S): DIC Including Earth Movement& Flood, Covering Real Property, Personal Property, Business 0 Interruption, Ordinance or Law A N LIMIT(S): $5,000,000 Part of$10,000,000 Excess of$20,000,000 Per Occurrence (not to exceed statement of Q values) and in Annual Aggregate as Respect to the Perils of Earth Movement and Flood ° a` c DEDUCTIBLE(S): Earth Movement and Flood, per primary, contemplates a minimum of: Q r c Earth Movement-(for all coverages provided)for locations in California, Hawaii, Alaska, and Puerto E Rico: For each occurrence, this company will not be liable for loss or damage to insured property unless co the amount of loss or damage exceeds 5% of the combined value of property at the location where a loss or damage occurs, in accordance with the valuation section of this policy and annual business interruption value as defined in the Business Interruption Endorsement attached to this policy at the time such loss or damage at the location where loss occurs, subject to a minimum deductible amount of$100,000 per location. If coverage is provided for more than one location, this deductible 777 S.Figueroa Street,Suite 2550,Los Angeles,CA 90017-ph.(213)452-7060-fx.(213)452-7080•CA License#0592033 Packet Pg. 345 5.K.c Page 2 Brmm&Wding 06/15/2016 percentage or minimum deductible amount will be calculated for and applied separately to each location Y c m Flood - $100,000 Flood (per occurrence for each location for all coverages provided) CL Q AOP -$25,000 Per Occurrence c m 3 TERMS: LOCATION: Per Schedule on File with Company aD VALUATION: o L Property- Replacement Cost o- Time Element-Actual Loss Sustained o� LO in COINS: Cn Nil -Values Must be Reported at 100% a 00 rn TIV: N Flood - $312,657,877 0 0 Earth Movement-$248,198,689 � CY 3 FORM: CO Excess Follow Form (Subject to Receipt and Approval of Primary and ACE Forms, Until Receipt ti and Approval, Markel Forms Govern) Statement of Values/Occurrence Limit of Liability Applies (Item 2b deleted) z Endorsement Amending Earth Movement and Flood Definitions to Match Affiliated Priority of Payments c Drop Down Clause for EQ/Flood (Only for Locations/Perils Covered by this Policy) N �a N WARRANTS: 00- 0 All Risk Underlying a r- 0 SUBJECT TO: Q Favorable Financials c Inspection Report and Compliance with Recommendations, if Requested E 60/10 Day NOC Loss or Damage to Locations not Covered Under this Policy Shall not Contribute to the Erosion of Q Underlying Policy No additions without prior approval (may be subject to separate rating and/or may require a higher attachment point) Signed D-1 (Needed to Bind) Signed Terrorism Disclosure (Needed to Bind) 777 S.Figueroa Street,Suite 2550,Los Angeles,CA 90017-ph.(213)452-7060-N.(213)452-7080•CA License#0592033 Packet Pg.346 5.K.c• Page 3 d BwNvm i &Ri g 06/15/2016 EXCLUSIONS: Demo& [CC (Will Allow for Erosion of Primary Sub-limits); Flood in A, V or 100 Year Flood Zones; E EQSL; �a Foreign Locations and Exposures; °- m Pollution; c Asbestos; Boiler&Machinery; y c Organic Pathogen; >, Electronic Data/Cyber Risk Losses and Related Computer Losses; War, Nuclear, Chemical and Biological Materials; 0- 0 L Terrorism; a Terrorism Risk Insurance Act of 2002 (See Below for Offer); LO Other Exclusions and Limitations Per Form U-) TERRORISM: Pursuant to the Terrorism Risk Insurance Act(TRIA), as Outlined on the Attached, Coverage for a Certified Acts of Terrorism is Available for an Additional Premium of$45,700 Plus Any Applicable rn Taxes& Fees. ■ o 3 T Annual Premium $ 45,000.00 C° ti CA Surplus lines tax $ 1,350.00 —r Q CA Stamping fee $ 90.00 z_ Total Gross Amount $ 46,440.00 0 N COMMISSION: 0.00% Balance due in 20 Days N 0 a 25.00 % MINIMUM RETAINED PREMIUM IN THE EVENT OF CANCELLATION. NO FLAT CANCELLATIONS. n. C Brown & Riding has the right to cancel any binder or policy in accordance with the cancellation provisions of such binder Q or policy. If coverage is bound by Brown & Riding, a charge will be made in accordance with the policy terms and upon binding, all fees for the full policy term will be fully earned. Producer guarantees payment of premium for risks placed through Brown & Riding. If Producer does not make timely payment of any sums due Brown & Riding, then Brown & _ Riding may, without limitation of other remedies, cancel the policy for non-payment of premium. r Q Brown & Riding will bind or place insurance solely upon the written instructions of Producer. Brown & Riding assumes no legal obligation as to the insurance applicant, insured, or known or unknown third parties regarding the suitability, adequacy, or appropriateness of limits, terms, conditions, exclusions, and other policy features. Producer shall be responsible for disclosing to Producer's customer all Brown & Riding broker fees, other fees, and charges disclosed by Brown & Riding to Producer. 777 S.Figueroa Street,Suite 2550,Los Angeles,CA 90017-ph.(213)452-7060-fx.(213)452-7080 CA License#0592033 09,6- Pg 347 5.K.c Page 4 Q0Brown&Ri&ng 06/15/2016 Producer shall hold harmless Brown & Riding, and Brown & Riding shall hold harmless Producer, from any and all of the respective negligent or wrongful acts, omissions, or conduct that result in a financial or other obligation to the other. m In the event of a dispute between Brown & Riding and Producer, the prevailing party shall be entitled to recover its E attorneys'fees, costs, and related litigation expenses in addition to any other recovery. a as Quote# 418150 c R L Regards, N c Shaida Monshi n. O L CL M LO LO N CL 00 N d O O 3 cn T ti J a z LL T O N N O Q O L O Q I_ V Q r 777 S.Figueroa Street,Suite 2550,Los Angeles,CA 90017-ph.(213)452-7060-N.(213)452-7080•CA license#0592033 "",Packet-Pa.348 5.K.c INTERLINE MAMV Evanston Insurance Company POLICYHOLDER DISCLOSURE NOTICE OF TERRORISM INSURANCE COVERAGE Date: June 7, 2016 E c� Policyholder/Applicant Name: CITY OF SAN BERNARDINO a m Deal Number(if applicable): 3475947 R L You are hereby notified that under the Terrorism Risk Insurance Act, as amended, you have a right to purchase insurance N coverage for losses resulting from acts of terrorism, as defined in Section 102(1) of the Act: The term "act of terrorism" 5 means any act that is certified by the Secretary of the Treasury, in consultation with the Secretary of Homeland Security, > and the Attorney General of the United States to be an act of terrorism; to be a violent act or an act that is dangerous to Q human life, property, or infrastructure; to have resulted in damage within the United States, or outside the United States in o the case of certain air carriers or vessels or the premises of a United States mission; and to have been committed by an °- individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy M or affect the conduct of the United States Government by coercion. LO YOU SHOULD KNOW THAT WHERE COVERAGE IS PROVIDED BY THIS POLICY FOR LOSSES RESULTING FROM CERTIFIED U CL ACTS OF TERRORISM, SUCH LOSSES MAY BE PARTIALLY REIMBURSED BY THE UNITED STATES GOVERNMENT UNDER A FORMULA ESTABLISHED BY FEDERAL LAW. HOWEVER, YOUR POLICY MAY CONTAIN OTHER EXCLUSIONS WHICH MIGHT Lo AFFECT YOUR COVERAGE, SUCH AS AN EXCLUSION FOR NUCLEAR EVENTS. UNDER THE FORMULA,THE UNITED STATES o GOVERNMENT GENERALLY REIMBURSES 85% THROUGH 2015; 84% BEGINNING ON JANUARY 1, 2016; 83% BEGINNING ON JANUARY 1, 2017; 82% BEGINNING ON JANUARY 1, 2018; 81% BEGINNING ON JANUARY 1, 2019 AND 80% BEGINNING ON T JANUARY 1, 2020 OF COVERED TERRORISM LOSSES EXCEEDING THE STATUTORILY ESTABLISHED DEDUCTIBLE PAID BY CL THE INSURANCE COMPANY PROVIDING THE COVERAGE. THE PREMIUM CHARGED FOR THIS COVERAGE IS PROVIDED J BELOW AND DOES NOT INCLUDE ANY CHARGES FOR THE PORTION OF LOSS THAT MAY BE COVERED BY THE FEDERAL Z GOVERNMENT UNDER THE ACT. CD YOU SHOULD ALSO KNOW THAT THE TERRORISM RISK INSURANCE ACT, AS AMENDED, CONTAINS A $100 BILLION CAP N THAT LIMITS U.S. GOVERNMENT REIMBURSEMENT AS WELL AS INSURERS' LIABILITY FOR LOSSES RESULTING FROM m N CERTIFIED ACTS OF TERRORISM WHEN THE AMOUNT OF SUCH LOSSES IN ANY ONE CALENDAR YEAR EXCEEDS $100 Q BILLION. IF THE AGGREGATE INSURED LOSSES FOR ALL INSURERS EXCEED $100 BILLION, YOUR COVERAGE MAY BE 0- REDUCED. o d SELECTION OR REJECTION OF TERRORISM INSURANCE COVERAGE PLEASE"X"ONE OF THE BOXES BELOW AND TAKE THE ACTION INDICATED. _ a� ❑ I hereby elect to purchase terrorism coverage for a prospective premium of$45,700.00. I hereby decline to purchase terrorism coverage for certified acts of terrorism. I understand that I will t° ❑ have no coverage for losses resulting from certified acts of terrorism. d Policyholder/Applicant Signature Print Name Date MKL TERR-4 01 15 Includes copyrighted material of National Association Of Insurance Page 1 of 1 Commissioners, with its permission. Packet Pg.349 5.K.c Page 1 &,,,,&Rifing 06/15/2016 PRODUCER: AON RISK SERVICES, INC. FROM: Shaida Monshi m Los Angeles , CA E a. ca ATTN: Billy Deeb, ED.D. Quotation c L We are pleased to offer the following Quotation obtained solely on the basis of your instructions to us. This Quotation may c be withdrawn at any time prior to acceptance, and in no event will it remain open beyond 46 days from the date shown t above. Coverage may not be bound without prior consent from the insurer as confirmed in writing by Brown & Riding. o Please note that the coverage, terms, and conditions described in this Quotation may differ from those requested in a Producer's original submission. Producer is responsible for reviewing the suitability of coverage, terms, and conditions °Ul,' with the insured and for reconciling any differences between this Quotation and your original submission to us. Brown & Nr Riding disclaims any responsibility for identifying or reconciling differences between this Quotation and Producer's original submission. rn CL w as TERM: 07/31/2016-07/31/2017 ° 0 INSURED: City of San Bernardino 3 to MAILING 300 North D Street, 5th Floor co ADDRESS: San Bernardino, CA 92418 J Q COMPANY: Aspen Specialty Insurance Company Z COVERAGE(S): DIC Including Earth Movement& Flood, Covering Real Property, Personal Property, Business 0 Interruption, Ordinance or Law A N 70 Cn LIMIT(S): $5,000,000 Part of$10,000,000 Excess of$20,000,000 Per Occurrence (not to exceed statement of °Q values)and in Annual Aggregate as Respect to the Perils of Earth Movement and Flood ° a c DEDUCTIBLE(S): Earth Movement and Flood, per primary, contemplates a minimum of: Q c Earth Movement-(for all coverages provided)for locations in California, Hawaii, Alaska, and Puerto E Rico: For each occurrence, this company will not be liable for loss or damage to insured property unless the amount of loss or damage exceeds 5% of the combined value of property at the location where a loss or damage occurs, in accordance with the valuation section of this policy and annual business interruption value as defined in the Business Interruption Endorsement attached to this policy at the time such loss or damage at the location where loss occurs, subject to a minimum deductible amount of$100,000 per location. If coverage is provided for more than one location, this deductible 777 S.Figueroa Street,Suite 2550,Los Angeles,CA 90017-ph.(213)452-7060-N.(213)452-7080•CA License#0592033 Packet Pg.350 5.K.c Page 2 Bom&Ri&ng 06/15/2016 percentage or minimum deductible amount will be calculated for and applied separately to each location c m Flood - $100,000 Flood (per occurrence for each location for all coverages provided) IL a� AOP- $25,000 Per Occurrence c� L TERMS: LOCATION: w c Per Schedule on File with Company (See Attached) m VALUATION: 0- Property- Replacement Cost a- Time Element-Actual Loss Sustained LO COINS: N Nil -Values Must be Reported at 100% a co rn TIV: Flood-$312,657,877 0 Earth Movement-$248,198,689 CY 3 FORM: Excess Follow Form (Subject to Receipt and Approval of Primary and ACE Forms within 60 Days) h Statement of Values/Occurrence Limit of Liability Applies (Deleted) Endorsement Amending Earth Movement and Flood Definitions to Match Affiliated z Priority of Payments a: Drop Down Clause for EQ/Flood (Only for Locations/Perils Covered by this Policy) c N WARRANTS: 0 All Risk Underlying Q- 0 L CL SUBJECT TO: C 0 60/10 Day NOC Q Clear Loss History Loss or Damage to Locations not Covered Under this Policy Shall not Contribute to the Erosion of E Underlying Policy No additions without prior approval (may be subject to separate rating and/or may require a higher Q attachment point) Signed D-1 (Needed to Bind) Signed Terrorism Disclosure (Needed to Bind) EXCLUSIONS: Demo & ICC (Will Allow for Erosion of Primary Sub-limits); 777 S.Figueroa Street,Suite 2550,Los Angeles,CA 90017-ph.(213)452-7060-fx.(213)452-7080-CA License#0592033 Packet Pg.351 5K.c Page 3 Brown&Riding 06/15/2016 Flood in A, V or 100 Year Flood Zones; EQSL; Y c Pre-Existing Damage; E Exclusion and Limited Additional Coverage for Fungus; Certain Computer Relates Losses; a. d Electronic Data; c Seepage and/or Pollution and/or Contamination; All Risk Perils; c Nuclear, Biological, Chemical or Radiological Terrorism; Terrorism; Terrorism Risk Insurance Act of 2002 (See Below for Offer); ° 0 Other Exclusions and Limitations Per Form n- rn TERRORISM: Pursuant to the Terrorism Risk Insurance Act(TRIA), as Outlined on the Attached, Coverage for M Certified Acts of Terrorism is Available for an Additional Premium of$95,000 Plus Any Applicable Taxes & Fees. CL w T N r O 7 Annual Premium $ 45,000.00 3 CA Surplus lines tax $ 1,350.00 t CA Stamping fee $ 90.00 ti Total Gross Amount $ 46,440.00 Q z W COMMISSION: 0.00% Balance due in 20 Days c N 25.00 % MINIMUM RETAINED PREMIUM IN THE EVENT OF CANCELLATION. NO FLAT CANCELLATIONS. N 0 Brown & Riding has the right to cancel any binder or policy in accordance with the cancellation provisions of such binder o or policy. If coverage is bound by Brown & Riding, a charge will be made in accordance with the policy terms and upon a- c binding, all fees for the full policy term will be fully earned. Producer guarantees payment of premium for risks placed o Q through Brown & Riding. If Producer does not make timely payment of any sums due Brown & Riding, then Brown & Riding may, without limitation of other remedies, cancel the policy for non-payment of premium. Brown & Riding will bind or place insurance solely upon the written instructions of Producer. Brown & Riding assumes no legal obligation as to the insurance applicant, insured, or known or unknown third parties regarding the suitability, a adequacy, or appropriateness of limits, terms, conditions, exclusions, and other policy features. Producer shall be responsible for disclosing to Producer's customer all Brown &Riding broker fees, other fees, and charges disclosed by Brown & Riding to Producer. Producer shall hold harmless Brown & Riding, and Brown & Riding shall hold harmless Producer, from any and all of the 777 S.Figueroa Street,Suite 2550,Los Angeles,CA 90017-ph.(213)452-7060-N.(213)452-7080•CA License#0592033 Packet Pg. 352 Page 4 kw� Brown&Ridirig 06/15/2016 respective negligent or wrongful acts, omissions, or conduct that result in a financial or other obligation to the other. r In the event of a dispute between Brown & Riding and Producer, the prevailing party shall be entitled to recover its attorneys'fees, costs, and related litigation expenses in addition to any other recovery. E, ca Quote# 418150 U Regards, L Shaida Monshi c a� 0 L- a. M u7 LO rn a CO T d o 0 CY 3 m T ti a Z T 0 N O fA O 0. O wwL a- C O Q Y I_ U V id Q 777 S.Figueroa Street,Suite 2550,Los Angeles,CA 90017-ph.(213)452-7060-N.(213)452-7080•CA License#0592033 Packet Pg.353 5.K.c ASPEN INSURANCE POLICYHOLDER DISCLOSURE NOTICE OF TERRORISM INSURANCE COVERAGE You are hereby notified that under the Terrorism Risk Insurance Act, as amended, you have a right to purchase insurance coverage for losses resulting from acts of terrorism, as defined in Section 102(1) of the Act: The term "act of terrorism" means any act that is certified by the Secretary of the Treasury—in consultation with the Secretary of Homeland Security, and the Attorney General of the United States—to be an act of terrorism; to be a violent act or an act that is dangerous to human life, property, or infrastructure; to have resulted in damage within the United States, or outside the United States in the case of certain air a carriers or vessels or the premises of a United States mission; and to have been committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the ca policy or affect the conduct of the United States Government by coercion. y YOU SHOULD KNOW THAT WHERE COVERAGE IS PROVIDED BY THIS POLICY FOR LOSSES >, RESULTING FROM CERTIFIED ACTS OF TERRORISM, SUCH LOSSES MAY BE PARTIALLY REIMBURSED BY THE UNITED STATES GOVERNMENT UNDER A FORMULA ESTABLISHED BY o FEDERAL LAW. HOWEVER, YOUR POLICY MAY CONTAIN OTHER EXCLUSIONS WHICH MIGHT a` AFFECT YOUR COVERAGE, SUCH AS AN EXCLUSION FOR NUCLEAR EVENTS. UNDER THE FORMULA, THE UNITED STATES GOVERNMENT GENERALLY REIMBURSES 85% THROUGH 2015; 84% BEGINNING ON JANUARY 1, 2016; 83% BEGINNING ON JANUARY 1, 2017; 82% BEGINNING ON JANUARY 1, 2018; 81% BEGINNING ON JANUARY 1, 2019 AND 80% BEGINNING ON JANUARY 1, y 2020 OF COVERED TERRORISM LOSSES EXCEEDING THE STATUTORILY ESTABLISHED a DEDUCTIBLE PAID BY THE INSURANCE COMPANY PROVIDING THE COVERAGE. THE PREMIUM co CHARGED FOR THIS COVERAGE IS PROVIDED BELOW AND DOES NOT INCLUDE ANY CHARGES N FOR THE PORTION OF LOSS THAT MAY BE COVERED BY THE FEDERAL GOVERNMENT UNDER o THE ACT. YOU SHOULD ALSO KNOW THAT THE TERRORISM RISK INSURANCE ACT, AS AMENDED, CONTAINS A $100 BILLION CAP THAT LIMITS U.S. GOVERNMENT REIMBURSEMENT AS WELL AS to INSURERS' LIABILITY FOR LOSSES RESULTING FROM CERTIFIED ACTS OF TERRORISM WHEN THE AMOUNT OF SUCH LOSSES IN ANY ONE CALENDAR YEAR EXCEEDS $100 BILLION. IF THE AGGREGATE INSURED LOSSES FOR ALL INSURERS EXCEED $100 BILLION, YOUR COVERAGE z MAY BE REDUCED. u. u; 0 N 1 hereby elect to purchase the federal terrorism insurance coverage for the premium of R $86,800. 0 0 I hereby reject this offer of the federal terrorism insurance coverage and elect to have a o terrorism exclusion, sublimit or other limitation included in my policy. I understand that I a will have no or limited, coverage for losses arising from acts of terrorism under my policy. c Q _ Q City of San Bernardino E Applicant/Named Insured Signature Named Insured Q Print Name Policy Number Aspen Specialty Insurance Company Date Insurance Company irw, ASPCO1114 0115 35 N.Lake Avenue,Suite 820 1 Pasadena I California 191101 1 Phone 626.463.7628 1 Fax 626.463.7629 5 Packet Pg.354 )him Neilssen The _� H��®� TF 800-289-2422 ext. 5626 !►� Ph. 317-208-5626 4 Insurance Group- jneilssen @hanover.com Our policy is performance. Vehicle Physical Damage and Contractor's Equipment (blanket) CAPP Program a City of San Bernardino, CA a d U C Prepared For: AON Risk Services N C L Attn: Billy Deeb/Beth Leehy 0- (L rn Prepared by: Jhim Neilssen a) CL HANOVER INSURANCE COMPANY- INLAND MARINE DIVISION rn N d This Proposal shows the premiums for the general coverages described, but in no way changes or affects any terms, conditions or exclusions of policies as actually issued. Premiums shown are based on 3 information furnished to the company. to Proposal Date: Effective Dates: 6 06/6/2016 07/31/2016-07/31/201 Q z T 0 N IE U) O Q. O L Q. O Q .F+ E V .F+ a 1 Packet Pg.355' 5.K.c CONTRACTORS EQUIPMENT COVERAGE PROPERTY COVERED: Blanket Equipment Coverage Equipment Limit--The most"we" pay for loss to any one piece of"contractors' equipment" is: $1,000,000 Catastrophe Limit--The most"we" pay for loss in any one occurrence is: $10,000,000 a� E a COVERAGE EXTENSIONS CL Additional Debris Removal Expenses $100,000 Equipment Leased Or Rented To Others $500,000 Equipment Loaned To Others $500,000 N Fraud And Deceit $500,000 Waterborne Equipment $500,000 L SUPPLEMENTAL COVERAGES o L Construction Trailers o- --Any One Trailer $50,000 --Any One Loss $250,000 LO Employee Tools $10,000 d --Any One Tool $2500 rn Fire Department Service Charge $50,000 0. Pollutant Cleanup And Removal $100,000 rn Recharge of Fire Extinguishing Equipment $25,000 (n Rental Reimbursement a) -- Reimbursement Limit $100,000 --Waiting Period 3 Days 3 Reward For Recovery Of Stolen Equipment $25,000 Spare Parts And Fuel $25,000 Unscheduled Equipment $250,000 C° --Any one piece of equipment $25,000 Q Z REPORTING CONDITIONS Reporting annually at 50% of Rate Pro Rata for Owned Equipment Leased and Rented Flat Charge. N VALUATION N 0 0. [X] Replacement Cost up to 125% of scheduled value for equipment with a scheduled value within 75% a of replacement cost at time of loss c [X] Functional Replacement Cost up to 125% of scheduled value for Equipment not valued within 75% of �0 Replacement cost in schedule. [X] Replacement Cost up to Purchase price for any equipment Acquired During the policy period [X] your Legal Liability for Rented and Leased Equipment as required by contract. _ U R DEDUCTIBLE $5,000 w Q Additional Conditions and Endorsements, to apply IM 7034 Tools Endorsement _X_IM 7038 Continuing Rental Or Lease Payments$25,000/$250,000 FORM IM 7002 06 04 Blanket Equipment Form RATE & PREMIUM: See Below 2 Packet Pg.356 5.K.c AUTO PHYSICAL DAMAGE COVERED PROPERTY: Your vehicles and vehicles you have leased or rented from others under a written contract COVERAGE LIMITS Scheduled Vehicles— Per schedule provided to the company Catastrophe Limit—The most we pay for loss in any One occurrence for all Vehicles is: $ 10,000,000 a m U c ca COVERAGE "All Risk" Subject to Perils Excluded COVERAGE EXTENSIONS ai *Additional Debris Removal Expenses $50,000 0 L SUPPLEMENTAL COVERAGES LO * Newly Acquired and substitute Vehicles $1,000,000 y "Number of Days Covered if acquired during policy period • Pollutant Cleanup And Removal $25,000 a •Towing Labor, and Storage Costs $25,000 0 VALUATION CY y [X] Replacement Cost up to 125% of scheduled value for equipment with a scheduled value within 75% of replacement cost at time of loss r [X] Functional Replacement Cost up to 125% of scheduled value for Equipment not valued within 75% of ti Replacement cost in schedule. [X] Replacement Cost up to Purchase price for any equipment Acquired During the policy period z [X] your Legal Liability for Rented and Leased Equipment as required by contract. z r O DEDUCTIBLE $5,000 `V N FORM IM441-1075 01 09 C D.. RATE & PREMIUM Refer to premium summary a POLICY TERMS a Y d Maximum Loss per Occurrence for All lines $ 10,000,000 E Basket Deductible: In the event of a loss to both an insured vehicle and insured contractor's a equipment in one occurrence, a $5,000 deductible applies to the combined loss. Please note the following • Please provide us with the locations of any lots with values exceeding $5M, along with any information regarding security at those lots. • We may elect to provide loss control service to this account and would anticipate compliance with any essential recommendations. 3 Packet Pg. 357 S.K.c PREMIUM SUMMARY RATE: .23 for$5,000 Deductible RATING BASE: $18,165,903, (this is the sum of CE and APD values) ANNUAL DEPOSIT $41,782 (excluding Terrorism) OPTIONAL TERRORISM PREMIUM: $1,149 *MANDATORY FIRE FOLLOWING PREMIUM $*waived n. m c m L COMMISSION: net of commission L CL 0 L o. This quotation is valid for thirty(30)days from the date of this letter. rn LO Terms and conditions outlined in the Proposal may differ from the specifications submitted; please review the specific coverage part for details on coverages and exclusions. w 0 rn Sincerely, 0 0 CY Jhim Neilssen I � r ti J d it Z 0 N <0 N O C2 O L C. r- 0 Q V i+ a .O 4 Packet Pg.358 2016 CE/APD Hanover TRIA Form (2015: Coverage Rejected) THIS NOTICE IS PROVIDED IN RESPONSE TO THE DISCLOSURE REQUIREMENTS OF THE TERRORISM RISK INSURANCE ACT. THIS NOTICE DOES NOT GRANT COVERAGE OR CHANGE THE TERMS AND CONDITIONS OF COVERAGE UNDER THE POLICY. IF THERE IS A CONFLICT BETWEEN THIS NOTICE AND THE POLICY, THE PROVISIONS OF THE POLICY SHALL APPLY. DISCLOSURE PURSUANT TO TERRORISM RISK INSURANCE ACT Schedule Disclosure of Premium: a� Total Terrorism Premium $ 1,149 E Fire Following Premium $ Waived a- Other than Fire Following Premium $ 1,149 _ ca L Zn _ Disclosure of Terrorism Coverage Available You are hereby notified that under the Terrorism Risk Insurance Act, as amended, you have a right to 0 purchase insurance coverage for losses resulting from "acts of terrorism" defined in Section 102(1) of the a Act as follows: rn Any act or acts that are certified by the Secretary of the Treasury, in consultation with the LO Secretary of Homeland Security and the Attorney General of the United States, to be an d act of terrorism; to be a violent act or an act that is dangerous to human life, property, or infrastructure; to have resulted in damage within the United States, or outside the United Q States in the case of certain air carriers or vessels or the premises of a United States rn mission; and to have been committed by an individual or individuals as part of an effort to (n coerce the civilian population of the United States or to influence the policy or affect the o conduct of the United States government by coercion. a The premium charged for this coverage is provided in the Schedule above and does not include any charges for the portion of loss that may be covered by the Federal Government as described below. T Your policy may contain other exclusions which could affect your coverage, such as an exclusion for . Nuclear Events or Pollution. Please read your policy carefully. n d Z Note for Commercial Property or Commercial Inland Marine Policyholders in Standard Fire States: In your state, a terrorism exclusion makes an exception for (and therefore provides coverage for) fire c losses resulting from an act of terrorism. If you reject the offer of terrorism coverage, therefore, that N rejection does not apply to fire losses resulting from an act of terrorism. Coverage for such fire losses will o be provided in your policy. The additional premium just for such fire coverage is shown in the Schedule c 0 above. a 0 Disclosure of Federal Participation in Payment of Terrorism Losses Q The United States government through the Department of the Treasury may pay a share of terrorism losses insured under the federal program under a formula set forth in the Act. Under this formula, the E United States government generally reimburses the following percentage of covered terrorism loss which exceeds the statutorily established deductible paid by the insurance company providing the coverage: 85% through 2015; 84% beginning on January 1, 2016; 83% beginning on January 1, 2017; 82% Q beginning on January 1, 2018; 81% beginning on January 1, 2019; and 80% beginning on January 1, 2020. 401-1374 01 151ncludes copyrighted material of Insurance Services Office, Inc., with its permission. Page 5 of 6 5 Packet Pg. 359 5.K.c Cap on Insurer Participation in Payment of Terrorism Losses The Act contains a $100 billion cap that limits the reimbursement by the United States government as well as insurers' liability for losses resulting from certified acts of terrorism. If the aggregate of insured losses attributable to terrorist acts certified under the Terrorism Risk Insurance Act exceed $100 billion in a calendar year and we have met our insurer deductible under the Act, we will not be liable for the payment of any portion of the amount of such losses that exceeds $100 billion. In such case, insured losses up to that amount are subject to pro rata allocation in accordance with procedures established by the Secretary of the Treasury. r _ a� Rejection of Terrorism Insurance Coverage E co a I decline to purchase terrorism coverage for certified acts of terrorism. I understand that I will have no coverage for losses resulting from certified acts of terrorism. The Hanover Insurance Company _ Y Applicant/Policyholder Signature Insurance Company Q 11-13 A366129 03 0 0 CL Print Name Quote or Policy Number rn LO LO �t Date fI! O. co T N O O Cl to V- cc ti J Q Z LL r 0 N N N O CL O s., a _ 0 Q r m E c� Y Y Q 401-1374 01 15 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 6 of 6 6 Packet Pg. 360' ` 5.K.c CE INA Excess and Surplus Insurance Services,Inc. ; 01 S.Figueroa Street os Angeles,CA 90017 CA License No.0594384 c d E a a U Contact Information ....... --- - -- _-............ :. --- ---- - - ............._.._ ......... rtz To: Phone: Billy Deeb 213.630.3210 (n G Company: Email Address: >% Aon Billv.deebeaon.com L ....—__....-- ..—_.. --.__... --- ._ ....---.... a) From Date Q Patrick Hernandez 4/25/2016 0 a Company Phone: ACE INA Excess&Surplus Insurance Services Inc. CA Agency 213.833.3189 M License No.0594384 u7 Pages: Email: ` 43 Patrick.hernandez@chubb.com rn Q. Account Information _-. ---- __ ....... _ ............. ---....-- CO Applicant Name: City of San Bernardino (n Applicant Address: 300 N."D"Street p San Bernardino,CA 92418 Type of Submission: New Business CY Line of Coverage: ACE Privacy Protectioe Privacy&Network Liability Insurance Policy � r Insurance Company: Illinois Union Insurance Company co Policy Form: PF-26999(05/09)/F-27000(05/091 h Effective Dates: 7/31/2016 To 7131/2017 J Z Dear Billy, o N I am pleased to offer the attached indication for the City of San Bernardino. The commission payable for placement of this business is 16%. N O Please advise your client that ACE INA Excess and Surplus Insurance Services,Inc is offering this quote as representative o of its affiliated surplus lines insurance company,Illinois Union Insurance Company(Illinois Union).ACE INA Excess and a Surplus Insurance Services,Inc is not acting on behalf of your client and does not seek placements in other surplus lines o markets. `t c Thank you for considering ACE USA as your market of choice. We look forward to working with you. Should you have any questions,please do d E not hesitate to contact me. O U f6 Y Y Sincerely, �j Q Patrick Clabby Cyber and Privacy Insurance,Indication Form,Page 1 of 43 Packet Pg. 361 ......_._.....___....-.... Vice President- Professional Risk [CA Agent License No.OH97070 - - - Applicant Name: City of San Bernardino Subjectivities ACE USA hereby indicates the coverage described below. However,any obligations the Insurer may have under this indication are conditioned upon each of the following conditions having first been met. 1. The Applicant has submitted to the Insurer the following documents,and the Insurer has received such documents no later than close of business 7/31/2016: _ a. Nothing at this time. 2. If coverage is subsequently bound by the Insurer,the Applicant has remitted the premium specified below to the Insurer so that the a Insurer receives the premium no later than close of business on the 30th day from the date of the Binder or the Effective Date of the policy,whichever is later. _ RS ......_ _..- _ ............-__ .... .-..-_...___ ........... ...__. _.. ......... Option: 1 — _ Cyber and Privacy Liability Premium Indication Per Expiring Check if Limit of Liability Retention/Waiting Period Retroactive Q Insuring Agreement O Included Each Claim/Aggregate Each Claim Date i M Privacy Liability $2,000,000/$2,000,000 $50.000 7/31/2015 ® Data Breach Fund i a) Standard Limit $200,000/$200,000 $50.000 7/31/2015 LO Sidecar* $1,000,00011,000,000 $50.000 7131/2015 • Network Security Liability $2,000,000/$2,000,000 $50,000 7/31/2015 • Internet Media Liability $2,000,000/$2,000,000 $50.000 7/31/2015 M ® Network Extortion $2,000,000/$2,000,000 $50.000 7/31/2015 00 W • Digital Asset Coverage $2,000,000/$2,000,000 $50,000 N/A • Business Interruption $2,000,000/$2,000,000 $50,000/12 Hours NIA 0 O *Limits will automatically increase to the limits referenced in the Sidecar option if the data breach team is used and subject to all terms of the � C'1 endorsement.Please refer to the terms and conditions of the Data Breach Sidecar Endorsement. 3 Regulatory Proceedings Sub-Limit of Liability: $1,000,000 Payment Card Industry Sub-Limit of Liability: $1,000,000 h Aggregate Limit of Liability for all coverage Combined: $2,000,000 J Q Z Extended Reporting Period: 12 months for 100%of last annual premium LL T Policy Premium(Policy Period) N Premium: $38,866 N TRIA Premium(if elected): $284 Q Total Pr.... $39,150_.._.-. a _ O a r _ E M Z r a Cyber and Privacy Insurance,Indication Form,Page 2 of 43 Packet 09.362 .__..... .....__ -- ..-- ._.. _._ Option. 2—Full Data Breach Funds Cyber and Privacy Liability Premium Indication Inside the Limit Check if Limit of Liability Retention/Waiting Period Retroactive Insuring Agreement Each Claim/Aggregate Each Claim Date Included _ _ _ _ _.. _. ® Privacy Liability $2,000,000/$2,000,000 $50,000 7/31/2015 ® Data Breach Fund Standard Limit $250,000/$250,000 $50,000 7/31/2015 Data Breach Team(Inside the Limit)* $2,000,000/$2,000,000 $50,000 7/31/2015 • Network Security Liability $2,000,000/$2,000,000 $50,000 7/31/2015 • Internet Media Liability $2,000,000/$2,000,000 $50,000 7/31/2015 ++ ® Network Extortion $2,000,000/$2,000,000 $50.000 7/31/2015 d • Digital Asset Coverage $2,000,000/$2,000,000 $50,000 N/A E • Business Interruption $2,000,000/$2,000,000 $50,000 112 Hours N/A M IL *Limits will automatically increase to the limits referenced in the Data Breach Team(Inside the Limit)option if the data breach team is used and 0 N subject to all terms of the endorsement.Please refer to the terms and conditions of the Data Breach Team with Data Breach Fund Inside-the- v C Limit. M O W Regulatory Proceedings Sub-Limit of Liability: $1,000,000 Payment Card Industry Sub-Limit of Liability: $1,000,000 Y Aggregate Limit of Liability for all coverage Combined: $2,000,000 '- d CL O L Extended Reporting Period: 12 months for 100%of last annual premium 1- 0 LO Policy Premium(Policy Period) LO Premium: $40,716 rn TRIA Premium(if elected): $284 Q Total Premium Due: $41,000 III _. ---- --- _.—_ 00 Please Note the Following for the Terrorism Risk Insurance Ace: (1.DNA Cover is offered)The policy includes an option for terrorism coverage required by The Terrorism Risk Insurance Act of 2002 The G� premium for.the coverage is set forth above. O cfl T J Q Z W r 0 N O N O CL O L CL C O Q C d E t V ca w w Q Cyber and Privacy Insurance,Indication Form,Page 3 of 43 Packet Pg.363 5.K.c ...... -- - --._..._ _._.... . _.__.......... --The Following Notices will be added to the basic contract(s) Title Form Number Access to the ACE Cvber Experience powered by the eRisk Hub®Notice to Policyholders PF-25176a(06/10) Access to the Data Breach Team Notice to Policvholders PF-30265(07/10) ACE Producer Compensation Practices&Policies ALL-20887(10/06) U.S.Treasury Department's Office of Foreign Assets Control("OFAC") PF-17914(02/05) CA State Surplus Lines Notice SL-17888(07/11) Policyholder Disclosure Notice of Terrorism Insurance Coverage TR-19604d(01/15) U.S.Foreign Account Tax Compliance Act("FATCA") ALL_42490(03/14) — _..._.—. _...------ -- --. ........._._ --- — _...._ _ N The Following Endorsement(s)will added to the basic contract(s) No. Title Form Number a - 1. Signature Endorsement LD5S23j(03/14) U 2. Notice Amended Endorsement PF-33468(02/11) _ 3. Trade or Economic Sanctions Endorsement ALL-21101 (11/06) O 4. Service of Suite Endorsement SL-34255(09/11) O N 5. Acts of Cvber-Terrorism Endorsement PF-42698a(09/14) _ 6. Payment Card Industry Endorsement PF-31141 (10/10) Y 7. Additional Insuring Agreements Endorsement PF-27126(11/06) 8. Loss Mitigation Endorsement PF-43810(11/14) O 9. Data Breach Fund Sidecar Endorsement(Option 1) PF-38982(01/13) [1 Solely with respect to that portion of Data Breach Expenses incurred in retaining the services of the Data Breach Coach(subsection Hl)the Retention is L0. LO 10. Data Breach Team with Data Breach Fund Inside-the-Limits(Option 2) PF-42689(04/14) i in el• Solely with respect to that portion of Data Breach Expenses incurred in retaining the services of the Data Breach Coach(subsection H1)the Retention is$0. N rn O. 11. False Claims Act Exclusion PF-38981 (01/13) 00 The Following Endorsement will be added to the basis contract if TRIA is Elected rn 12. Disclosure Pursuant to Terrorism Risk Insurance ACT Choose an Item. O 13. First Party Network Security Endorsement PF-29074c(01/15) The Following Endorsement will be added to the basis contract if TRIA is Rejected 14. Policyholder Disclosure Notice of Terrorism Insurance Coverage TRIA15d(01/15) 15. First Party Network Security Endorsement Terrorism Coverage Rejected Choose an item. r- Q z U- r O N f0 N O Q O L CL C 0 Q w: E t U Q Cyber and Privacy Insurance,Indication Form,Page 4 of 43 Packet Pg. 364 5.K.c Loss Mitigation With the purchase of an ACE Privacy Protection Privacy&Network Liability Insurance Policy,Loss Mitigation Services are available to purchase from the entities listed below for a fee.Please note that the fee is not premium for the insurance policy.The fee is paid to the entity performing the service.There is no commission associated with the fee. The entities listed below are not providers of insurance services and are not affiliated with ACE USA.Purchase of any service does not guaranty that losses will be fewer or less severe.Any loss mitigation inspection,assessment,or audit purchased,and any report or recommendation resulting therefrom,shall not constitute an undertaking at the behest of or for the benefit of the ACE USA.ACE USA also assumes no responsibility to implement any resulting recommendations. Service ACE Loss Mitigation Services Total Cost Selected (Additional Fee with No Commission) ❑ Calculating Business Interruption led by Navigant $3,000 W Calculate the impact of business interruption to your company W ❑ Cyber Readiness led by NetDiligence $3,000 BL Compare your company against cyber security standards O U ❑ Cyber Threat Blueprint led by FireEye CU CU Gain current,credible insight on today's cyber threats $3,000 --- -- -----.....----.......– _._....._.._....... --__.._.. ----— .._.......—.._...... ._......... to Incident Response Planning led by Fidelis Cyber Security ❑ Coordinate a cyber-incident response simulation with your company $3,000 L Information Governance led by Huron Consulting Group W ❑ Know what data you have,where it is and how its protected $3,000 O _............—_ .... --. ......-. -......................_ tL PCI Compliance Review led by McGladrey $3,000 11 Gauge compliance with credit card security requirements M LO —_ u) Regulatory Compliance led by Trustwave ❑ Gauge compliance with U.S.Healthcare Regulations $3,000 N Security Awareness led by Wombat Security Technologies CL ❑ Customize a phishing attach to your employees and change behavior $3,000 00 ---— -- ....._......---— _ .....- -...__...--- ----- —-- ---- _ ......... .... N Security Rating for Data Driven Risk Management led by BitSight Technologies y C, ❑ Understand your vendors cyber security posture with a"credit score"for cyber hygiene $3,000 0 CY ❑ Vendor Management led by Lewis Brisbois Bisgaard&Smith $3,000 Get legal advice on your company's technology contracts when dealing with cyber vendor risk Policy Holder Contract cfl Name: Name of Contact Person ti . Title: Title of Contact Person –t Q Phone: Phone No.of Contact Person Z_ . Email: Email Address of Contact Person FL Total Cost for Loss Mitigation Services: $X,xxx o N N O Q O L 0- C 0 Q c m E t U i4 Q Cyber and Privacy Insurance,Indication Form,Page 5 o,43 Packet Pg. 365 5.K.c Conditions of this Indication This indication will remain valid until 7/31 12016. If between the date of this Indication and the Effective Date of the policy there is a significant adverse change in the condition of this Applicant, or an occurrence of an event,or other circumstances which could substantially change the underwriting evaluation of the Applicant,then,at the Insurer's option,this indication may be withdrawn by written notice thereof to Applicant. The Insurer also reserves the right to modify the final terms and conditions upon review of the completed application and any other information requested by the underwriter herein. If such material change in the risk is discovered after binding,the insurance coverage will be void ab initio("from the beginning"). FOR POLICIES EFFECTIVE JULY 21,2011 AND SUBSEQUENT,WE REQUIRE THE PRODUCER TO PROVIDE THE"HOME STATE"AS DEFINED IN THE NONADMITTED AND REINSURANCE REFORM ACT OF 2010(NRRA)UPON THE BINDING OF THIS PLACEMENT. IF y THE STATE SET FORTH IN THE ABOVE-REFERENCED INSURED ADDRESS IS THE HOME STATE OF THE INSURED,NO ACTION IS = REQUIRED. HOWEVER,IF THE HOME STATE OF THE INSURED IS OTHER THAN THAT SET FORTH IN THE INSURED ADDRESS, E YOU MUST NOTIFY US IN WRITING PRIOR TO THE BINDING OF THIS PLACEMENT. R a d Note: If the Insuring Company noted above is either Westchester Surplus Lines Insurance Company or Illinois Union Insurance Company,then this insurance is issued pursuant to the state Surplus Lines laws that the insured is domiciled. Persons insured by Surplus Lines carriers do not have the protection of the above captioned state's Guaranty Act to the extent of any right of recovery for the obligation of an insolvent N G unlicensed insurer. A Y L Any applicable taxes,surcharges or countersignature fees,etc.,are in addition to the above indicated figures. Your office is d iZ responsible for making State Surplus Lines Filings and complying with all applicable laws. 0 a. Sincerely, LO CL Patrick Clabby w Vice President- Professional Risk ; CA Agent License No.OH97070 0 C'J 3 T J Q Z LL r 0 N f6 O CL O ^^L L.4. O Q L. U Rf a+ Q Cyber and Privacy Insurance,Indication Form,Page 6 of 43 Packet Pg. 366 5.K:c TRADE OR ECONOMIC SANCTIONS ENDORSEMENT Named Insured Endorsement Number Policy Symbol Policy Number Policy Period Effective Date of Endorsement to Issued By(Name of Insurance Company) Insert the policy number.The remainder of the information is to be completed only when this endorsement is issued subsequentto the preparation of the policy. C d THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. a m U C This insurance does not apply to the extent that trade or economic sanctions or similar laws or regulations prohibit us from L providing insurance, including, but not limited to, the payment of claims. All other terms and conditions of policy remain N c unchanged. >, Y L Q. O L a LO a� CL 00 rn N d w O 7 C'1 r h- J Q Z LL r CD N to N O 0. O ^^L (L C O Q i.' E V Y w Authorized Agent Q PF-46422 (07/15) Page 1 of 1 Packet Pg. 367 Access to the ACE Cyber Experience powered by the eRisk Hub° Notice to Policyholders This Policyholder Notice shall be construed as part of your policy but no coverage is provided by this Policyholder Notice nor can it be construed to replace any provisions of your policy. You should read your policy and review your Declarations page for complete information on the coverages you are provided. This Notice provides information concerning access to the ACE Cyber Experience, powered by the eRisk Hub°, a private web-based loss prevention portal to help policyholders manage cyber risk. Founded and managed by E NetDiligence'9, a leading network security and e-risk assessment services company, the ACE Cyber Experience is a a private, web-based portal containing information and technical resources that can assist you in the prevention of network and privacy losses and support you in the timely reporting and recovery if an incident occurs. c� L The ACE Cyber Experience portal is an internet-based service that features news, content and access to leading N practitioners in risk management, computer forensics, forensic accounting, crisis communications, legal counsel, _ and other highly-specialized segments of cyber risk. 1= a� Please note the following: o d 1. The ACE Cyber Experience portal is private and secure. Do not share portal access instructions with anyone outside your organization. You are responsible for maintaining the confidentiality of the ACE LO Access Code provided to you. 2. The ACE Cyber Experience portal is for ACE clients only. Up to three individuals from your organization (n co may register and use the portal. Ideal candidates include your company's Risk Manager, Compliance CL Manager, Privacy Officer, IT Operations Manager, or Legal Counsel. 00 3. The ACE Cyber Experience portal contains a directory of experienced providers of cyber risk management ch and breach recovery services. ACE does not endorse these companies or their respective services. Before 0 you engage any of these companies, we urge you to conduct your own due diligence to ensure the CY companies and their services meet your needs. Unless otherwise indicated or approved, payment for services provided by these companies is your responsibility. co T 4. Should you experience a data breach event, you may choose to call the Data Breach Coach Hotline listed in the portal for immediate triage assistance. Please be aware that the hotline service is provided by a ti third-party law firm. If you engage this service, it is billable to you at the standard rate per hour outlined in Q the ACE Data Breach Team Panel Guidelines. Therefore, calling the hotline does NOT satisfy the claim Z notification requirements of your policy. T 0 To register for the ACE Cyber Experience: N 1. Send an e-mail request to eriskhub(a)acegroup.com including the following information to obtain a copy of Q your ACE Access Code to the ACE Cyber Risk. o L a. Your Name(up to three individuals from you organization may register and use the portal) G- b. Your Title c c. Your Phone Number Q d. Named Insured (Item 1. of your Policy) Y c e. Policy Number Within one business day you will receive a copy of your ACE Access Code. 2. Go to www.acecyberrisk.com_ 3. Complete the registration form (this will require your ACE Access Code from Step 1 above). Q 4. Once registered, access the portal by going to www.acecyberrisk.com, and completing the User Login. Packet Pg.368 Access to the Data Breach Team Igo Notice to Policyholders This Policyholder Notice shall be construed as part of your policy but no coverage is provided by this Policyholder Notice nor can it be construed to replace any provisions of your policy. You should read your policy and review your Declarations page for complete information on the coverages you are provided. This Notice provides information concerning access to the Data Breach Team Panel List, a list of approved service providers to provide legal, computer forensic, notification, call center, public relations, crisis communications,fraud consultation, credit monitoring, and identity restoration advice and services. d E The list of approved service providers is available at the ACE Cyber Experience website. Please note, you must a first register with the ACE Cyber Experience before you can access the Data Breach Team Panel List. Please m refer to the Access to The ACE Cyber Experience, powered by the eRisk Hub°Notice to Policyholders for = instructions on how to register to the ACE Cyber Experience°. Once registered, you can access the portal by going Fa to www.acecyberrisk.com and completing the User Login. N C In the event of a data breach event, a copy of the Data Breach Panel List can also be obtained from the Data >% Breach Coach,the law firm within the Data Breach Team designated for consultative and pre-litigation services a� provided to you. In the event of a breach, contact the Data Breach Coach as indicated on the amended o Declarations of the Data Breach Endorsement. p`_ Please note the following: LO 1. ACE shall not be a party to any agreement entered into between any Data Breach Team service provider tn and the policyholder. It is understood that Data Breach Team service providers are independent contractors, and are not agents of ACE. The policyholder agrees that ACE assumes no liability arising out of any services rendered by a Data Breach Team service provider. ACE shall not be entitled to any rights c oo or subject to any obligations or liabilities set forth in any agreement entered into between any Data Breach a� Team service provider and the policyholder. Any rights and obligations with respect to such agreement, y including but limited to billings,fees and services rendered, are solely for the benefit of, and borne solely by c such Data Breach Team service provider and the policyholder, and not ACE. 3 C'1 2. ACE has no obligation to provide any of the legal, computer forensic, notification, call center, public relations, crisis communications,fraud consultation, credit monitoring, and identity restoration advice and to services provided by the Data Breach Team. ti 3. The policyholder is under no obligation to contract for services with Data Breach Team service providers, _J except as amended by the Data Breach Team Endorsement. Q Z 4. Solely with respect to policyholder's wishing to execute the terms and conditions provided by the Data Breach Team Endorsement: T- 0 a. Failure to comply with any one or more of the requirements of the endorsement will preclude coverage N under the endorsement, and the policy will retain its original terms and conditions as if the Data Breach N Team Endorsement had not been attached to the policy. Q b. ACE may, at its sole discretion as evidenced by the ACE's prior written approval, on or before the o effective date of the policy, permit the policyholder to retain alternative service providers to provide CL r_ comparable to the services offered by the Data Breach Team. r_ 0 c. If, during the policy, either(i)any of the Data Breach Team service providers is unable to or does not Q provide the services covered under Data Breach Expenses or(ii)there is a change of law or regulation c that prevents service providers selected exclusively from the Data Breach Team from providing the legal, computer forensic, notification,call center, public relations, crisis communications,fraud consultation, credit monitoring, and identity restoration advice and services sought by the policyholder; ACE may, at its sole discretion as evidenced by the ACE's prior written approval, permit the Q policyholder to retain alternative service providers to provide services comparable to the services offered by the Data Breach Team. Further,the maximum rate ACE will pay for Data Breach Expenses shall be no more than the rates outlined in the ACE Data Breach Team Panel Guidelines for such services. ALL-42490(03/14) Page 1 of 1 Packet Pg.369 5.K.c Ilk U.S. Treasury Department's Office Of Foreign Assets Control ("OFAC") Advisory Notice to Policyholders ace usa This Policyholder Notice shall not be construed as part of your policy and no coverage is provided by this Policyholder Notice nor can it be construed to replace any provisions of your policy.You should read your policy and review your E Declarations page for complete information on the coverages you are provided. @ a This Notice provides information concerning possible impact on your insurance coverage due to directives issued by a) OFAC.Please read this Notice carefully. M The Office of Foreign Assets Control (OFAC) administers and enforces sanctions policy, based on Presidential N c declarations of"national emergency".OFAC has identified and listed numerous: d • Foreign agents; o • Front organizations; (L • Terrorists; • Terrorist organizations;and LO • Narcotics traffickers; 7 N as "Specially Designated Nationals and Blocked Persons". This list can be located on the United States Treasury's a web site - http//www.treas.gov/ofac. 00 In accordance with OFAC regulations, if it is determined that you or any other insured, or any person or entity w claiming the benefits of this insurance has violated U.S. sanctions law or is a Specially Designated National and O Blocked Person, as identified by OFAC, this insurance will be considered a blocked or frozen contract and all CY provisions of this insurance are immediately subject to OFAC.When an insurance policy is considered to be such a 3 blocked or frozen contract, no payments nor premium refunds may be made without authorization from OFAC. Other limitations on the premiums and payments also apply. r. J Q Z T N Rf N O a O a C O Q c m E s w Q PF-17914 (2/05) Reprinted,in part,with permission of Page 1 of 1 ISO Properties,Inc. Packet Pg.370 S;K.c ACE Producer Compensation Practices& Policies ACE believes that policyholders should have access to information about ACE's practices and policies related to the payment of compensation to brokers and independent agents. You can obtain that information by accessing our website at http://www.acei)roducercomi)ensation.com or by calling the following toll-free telephone number: Y 1-866-512-2862. E a ca a d U C l4 L d Q O L a. LO 6n U) tM Q 00 61 N d O CY 7 T ti J Q Z FL CD T N R N O G. O L a c O Q w c d E M U t4 w w ALL-20887(10/06) Q Packet Pg.371 5.K.c U.S. FOREIGN ACCOUNT TAX COMPLIANCE ACT ("FATCA") ace group The U.S. Foreign Account Tax Compliance Act, commonly known as "FATCA", became the law in the U.S. in March of 2010 and becomes effective July 1, 2014. Pursuant to FATCA, brokers, producers, agents and/or clients may need to obtain withholding certificates from insurance companies. For information on how to obtain the applicable withholding certificate from ACE U.S. insurance companies, please go to the following web site: E a c� http://www acegroup com/us-en/businesses/foreign-account-tax-compliance-act-fatca.aspx �- m c c� L c a L Q O L a rn LO LO v CD c- oo a� 0 z C% 3 T J Q Z T C) N R N O Q O L O Q Q� E U f0 w w PF-17914(02/05) Q Packet Pg.372 S:K.c POLICYHOLDER DISCLOSURE 2016 Cyber Liability TRIA FORM NOTICE OF TERRORISM (2015: Accepted) ^' INSURANCE COVERAGE You are hereby notified that under the Terrorism Risk Insurance Act, as amended, you have a right to purchase insurance coverage for losses resulting from acts of terrorism. As defined in Section 902(1) of the Act: The term "act of terrorism" means any act or acts that are certified by the Secretary of the Treasury---in consultation with the Secretary of Homeland Security, and the Attorney General of the United States---to be an act of terrorism; to be a violent act or an act that is dangerous to human life, property, or infrastructure; to have resulted in damage within Y the United States, or outside the United States in the case of certain air carriers or vessels or the premises of a United States mission; and to have been committed by an individual or individuals as part of an effort to coerce the CL civilian population of the United States or to influence the policy or affect the conduct of the United States m U Government by coercion. R YOU SHOULD KNOW THAT WHERE COVERAGE IS PROVIDED BY THIS POLICY FOR LOSSES RESULTING c FROM CERTIFIED ACTS OF TERRORISM,SUCH LOSSES MAY BE PARTIALLY REIMBURSED BY THE UNITED a� STATES GOVERNMENT UNDER A FORMULA ESTABLISHED BY FEDERAL LAW. HOWEVER, YOUR POLICY o 0 MAY CONTAIN OTHER EXCLUSIONS WHICH MIGHT AFFECT YOUR COVERAGE, SUCH AS AN a. EXCLUSION FOR NUCLEAR EVENTS. UNDER THE FORMULA, THE UNITED STATES GOVERNMENT LO LO GENERALLY REIMBURSES 85%THROUGH 2015; 84% BEGINNING ON JANUARY 1, 2016; 83% BEGINNING : ON JANUARY 1, 2017; 82% BEGINNING ON JANUARY 1, 2018; 81% BEGINNING ON JANUARY 1, 2019 and C CD CL 80% BEGINNING ON JANUARY 1, 2020, OF COVERED TERRORISM LOSSES EXCEEDING THE STATUTORILY ESTABLISHED DEDUCTIBLE PAID BY THE INSURANCE COMPANY PROVIDING THE COVERAGE. THE PREMIUM CHARGED FOR THIS COVERAGE IS PROVIDED BELOW AND DOES NOT O CY INCLUDE ANY CHARGES FOR THE PORTION OF LOSS THAT MAY BE COVERED BY THE FEDERAL 3 GOVERNMENT UNDER THE ACT. t° YOU SHOULD ALSO KNOW THAT THE TERRORISM RISK INSURANCE ACT, AS AMENDED, CONTAINS A ti $100 BILLION CAP THAT LIMITS U.S. GOVERNMENT REIMBURSEMENT AS WELL AS INSURERS' z LIABILITY FOR LOSSES RESULTING FROM CERTIFIED ACTS OF TERRORISM WHEN THE AMOUNT OF U- SUCH LOSSES IN ANY ONE CALENDAR YEAR EXCEEDS $100 BILLION. IF THE AGGREGATE INSURED c LOSSES FOR ALL INSURERS EXCEED$100 BILLION,YOUR COVERAGE MAY BE REDUCED. Acce tance or Rejection of Terrorism Insurance Coverage a O I hereby elect to purchase terrorism coverage for a prospective premium of$ a c --- O 1 hereby decline to purchase terrorism coverage for certified acts of terrorism. I understand that I will, Q have no coverage for losses resulting from certified acts of terrorism. J 4i E t Policyholder/Applicant's Signature Insurance Company r Q Print Name Policy Number Date TR-19604d(01/15) Packet Pg. 373 5.K:c THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Named Insured Endorsement Number Policy Symbol Policy Number Policy Period Effective Date of Endorsement to Issued By(Name of Insurance Company) Notice Amended It is agreed that the Notice section of the Policy is amended by adding the following: E Notwithstanding anything in this section to the contrary,written Claim notices may also be transmitted via email to a the following address: c ctz ACEClaimsFirstNotice(o)acegroup.com c L All other terms and conditions of this Policy remain unchanged. Q. 0 L- a. Lo LO to O. 00 T U) r O O CY r ti J Q Z cc 0 N ID N O C O L- 0- C 0 Q c m E U R a Authorized epresentative PF-33468(02/11) ©2011 Page 1 of 1 Packet Pg.374 S.K.c THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Named Insured Endorsement Number Policy Symbol Policy Number Policy Period Effective Date of Endorsement t0 Issued By(Name of Insurance Company) Acts of Cyber-Terrorism Endorsement Y This endorsement modifies insurance provided under the following: ACE Privacy Protection Privacy and Network Liability Insurance Policy > a a� It is agreed that: 1. Section II, Definitions is amended by adding the following definition: N Act of Cyber-Terrorism means any act, including force or violence, or the threat thereof expressly directed against a Computer System that is operated by the Insured, by an individual or group(s) of individuals, L whether acting alone, on behalf of or in connection with any organization(s) or government(s), to cause a unauthorized access to, unauthorized use of, or a targeted denial of service attack or transmission of o unauthorized, corrupting or harmful software code to a Computer System that is leased, owned or operated a` by the Insured, for the purpose of furthering social, ideological, religious, economic or political objectives, intimidating or coercing a government or the civilian population thereof, or disrupting any segment of the Ln economy. `t 2. Section III, Exclusions,subsection P, is deleted in its entirety and replaced with the following exclusion: a� 0. P. alleging, based upon, arising out of or attributable to war, invasion, acts of foreign enemies, terrorism, co hijacking, hostilities or warlike operations (whether war is declared or not), military or usurped power, civil rn commotion assuming the proportions of or amounting to an uprising, strike, lock-out, riot, civil war, rebellion, revolution, or insurrection. However, this exclusion shall not apply to an Act of Cyber-Terrorism 0 that results in a Claim. 3 T All other terms and conditions of this Policy remain unchanged. ti J Q Z 0 N f0 N O IZ O L a C 0 Q c m E s 0 ca .F+ Q Authorized epresentative PF-42698(09/14) ©2014 MA Page 1 of 1 PV Packet Pg.375 S.K.c THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Named Insured Endorsement Number Policy Symbol Policy Number Policy Period Effective Date of Endorsement t0 Issued By(Name of Insurance Company) _ d E 7+ Payment Card Industry Endorsement a a� This endorsement modifies insurance provided under the following: ACE Privacy Protection Privacy and Network Liability Insurance Policy N It is agreed that solely with respect to coverage afforded under Insuring Agreements A and C, the Policy is L amended as follows: a 0 1. Section II, Definitions is amended as follows: a a. Solely with respect to Insuring Agreements A and C, subsection G, the definition of Damages, is LO amended by adding the following: LO Subject to a sub-limit of liability of$ Damages also includes Payment Card Loss. rn This sub-limit is part of, and not in addition to, the Each Claim and Aggregate Limits of Liability stated in CL the Declarations, and shall in no way serve to increase such limits. 00 T b. The following definitions are added: 2 0 "' - • Bank means an issuing or acquiring bank which processes Payment Card transactions. 3 CY • Payment Card means an account, or evidence of an account, authorized between a Payment Card Customer and Payment Card Brand, or representatives of a Payment Card Brand, including but t° limited to credit cards, debit cards, charge cards, fleet cards and stored value cards. • Payment Card Brand means any payment provider whose payment method is accepted for a processing, including but not limited to Visa, Inc., MasterCard Incorporated, Discover Financial Z Services, American Express Company, and JCB Company, Ltd. E: r • Payment Card Customer means the person or entity to whom a Payment Card is issued or who is N otherwise authorized to use a Payment Card. w • Payment Card Industry Data Security Standard means the rules, regulations, standards or 0 CL guidelines adopted or required by the Payment Card Brands or the Payment Card Industry Data o Security Standards Council relating to data security and the safeguarding, disclosure and handling of a- _ Payment Card Information. 0 • Payment Card Information means nonpublic personal information relating to a Payment Card r Customer in the Insured's care, custody or control, including but not limited to account number, m expiration date, personal identification number, security code data, magnetic strip track data, and the Payment Card Customer's name, date of birth or zip code. Y Y • Payment Card Loss means a monetary assessment which the Insured becomes legally obligated to a pay pursuant to a Payment Card Processing Agreement due to an Insured's non-compliance with the Payment Card Industry Data Security Standard resulting from the Insured's failure: 1. of Network Security, or 2. to properly handle, manage, store, destroy or otherwise control Payment Card Information. PF-31141 (10/10) ©2010 IM Page 1 of 2 PV Packet Pg.376 5 K:c" Payment Card Loss shall not include subsequent fines or assessments for continued noncompliance with the Payment Card Industry Data Security Standard. • Payment Card Processing Agreement means a valid and enforceable written agreement between the Insured and a Payment Card Brand or a Bank which regulates the Insured's performance of payment card processing services, cashless payment processing services, or services related thereto. 2. Section III, Exclusions, subsection C, is amended by adding the following: However, subject to the sublimit of liability stated above,this exclusion shall not apply to that part of a Claim for a Payment Card Loss. c All other terms and conditions of this Policy remain unchanged. E a U c ca L N C r L O I- LO Ln It N CD Q. CO AWWk N O 7 CY to T ti J Q Z T 0 N R N O Q O a O a w E U LO a+ Y Q Authorized epresentative PF-31141 (10/10) ©2010 Page 2 of 2 PV Packit-P-0.377, 5.K.c THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Named Insured Endorsement Number Policy Symbol Policy Number Policy Period Effective Date of Endorsement t0 Issued By(Name of Insurance Company) Additional Insuring Agreements Endorsement This endorsement modifies insurance provided under the following: y E ACE Privacy Protection Privacy and Network Liability Insurance Policy a a� It is agreed that the Policy is amended as follows: L 1. The Declarations is amended as follows: N a. Item 3 is deleted in its entirety and the following is inserted: a� 0. Item 3. Insuring Agreement(s)Purchased(0): CL ❑A. Privacy Liability a' LO ❑ B. Data Breach Fund ❑ C. Network Security Liability N ❑ D. Internet Media Liability CL ❑ E. Network Extortion co rn rn b. Item 4A, Limit of Liability for Insuring Agreements, is deleted in its entirety and the following is inserted: m 0 Item 4. Limit of Liability(including Claims Expenses): ca A. Limit of Liability for Insuring Agreements: Each Claim Aggregate A. Privacy Liability $ $ —� B. Data Breach Fund $ $ Z_ C. Network Security Liability $ $ D. Internet Media Liability $ $ 0 E. Network Extortion $ $ N �o N c. Item 5 is deleted in its entirety and the following is inserted: O a O Item 5. Retention: 0 $ each Claim for Coverages A,C and D(if purchased) a $ each Claim for Coverages B(if purchased) d $ each Claim for Coverages E(if purchased) .EE U R Y Y Q PF-27126(05/09) ©2oo9 LW Page 1 of 4 PV Packet Pg.378' 5.K.c d. Item 6 is amended by adding the following: C. In the event of a Network Extortion where urgent crisis management support is required, please contact: Nftw ACE USA Professional Risk Claims Hotline: 1 (800)523-9254 e. Item 9. Retroactive Date, is deleted in its entirety and the following is inserted: Item 9. Retroactive Date: Y A. Privacy Liability m B. Data Breach Fund E C. Network Security Liability a D. Internet Media Liability 0 E. Network Extortion c L 2. Section I, Insuring Agreements, is amended by adding the following: INSURING AGREEMENTS d Q. D. Internet Media Liability a The Insurer will pay Damages and Claims Expenses of the Insured by reason of a Claim first made against the Insured during the Policy Period and reported to the Insurer pursuant to Section VIII, Notice, LO for any Wrongful Acts taking place after the Retroactive Date and prior to the end of the Policy Period. E. Network Extortion a� CL The Insurer will pay Extortion Expenses incurred by the Insured by reason of a Claim first made against 00 the Insured and reported to the Insurer pursuant to Section VIII, Notice, for any Wrongful Acts taking rte' place after the Retroactive Date and prior to the end of the Policy Period. r 0 `'ter 0 C� 3. Section II, Definitions, is amended as follows: a. The following definitions are added: r. • Advertising means promotional material (including branding, co-branding, sponsorships and/or Q endorsements}, publicly disseminated on the Insured's Website on behalf of the Named Insured. Z • Extortion Expenses means reasonable and necessary expenses incurred by the Insured, with the Insurer's written consent, that directly result from a Network Extortion, including monies paid by the c Insured to a person or persons reasonably believed to be responsible for a Network Extortion for the c14 purpose of terminating that Network Extortion. E • Internet Content means any data, text, sounds, images or similar matter disseminated electronically Q0•• on the Insured's Website, including but not limited to Advertising. Internet Content shall not include d the actual goods, products or services described, illustrated or displayed on the Insured's Website. r- • Media means the electronic publishing, dissemination, releasing, gathering, transmission, Q0 • production, webcasting, or other distribution of Internet Content on the Insured's Website on behalf r of the Insured. m E ca Q PF-27126(05/09) ©2oos© Page 2 of 4 PV Packet Pg. 379 5.K.c • Network Extortion means any credible threat or series of related threats directed at the Insured by anyone to: 1. release, divulge, disseminate, destroy or use the confidential information of a third party taken from the Insured as a result of unauthorized access to or unauthorized use of the Insured's Computer System; or 2. cause a failure of Network Security; b. Subsection B, the definition of Bodily Injury, is amended by deleting the second paragraph of the definition in its entirety and inserting the following: However, Bodily Injury does not mean mental injury, mental anguish, mental tension, emotional distress, pain and suffering, or shock resulting from a Wrongful Act for which coverage is provided under Section I, Insuring Agreements A or D. E c. Subsection C, the definition of Claim, is amended by adding the following immediately after numbered d paragraph 2: 3. with respect to Insuring Agreement D: L a. a written demand against any Insured for monetary or non-monetary damages; N _ b. a civil proceeding against any Insured seeking monetary damages or non-monetary or injunctive >% relief, commenced by the service of a complaint or similar pleading; c. an arbitration proceeding against any Insured seeking monetary damages or non-monetary or o L injunctive relief; a 4. with respect to Insuring Agreement E, a Network Extortion, Cn LO LO d. Subsection EE, the definition of Wrongful Act, is amended by adding the following: 7 4. With respect only to Insuring Agreement D: 0) Q. a. product disparagement, trade libel, infliction of emotional distress, mental anguish, outrage or 00 outrageous conduct; N b. false light, public disclosure of private facts, or the intrusion and commercial appropriation of a o name, persona or likeness; 0 c. plagiarism, piracy (excluding patent infringement), or the misappropriation or unauthorized use of 3 advertising ideas, advertising material, titles, literary or artistic formats, styles or performances; d. the infringement of copyright, domain name, trademark, trade name, trade dress, title or slogan, service mark, or service name;or e. negligence with respect to the Insured's creation or dissemination of Internet Content, Q Z 4 but solely in the course of the Insured's Internet Media activities. 5. With respect only to Insuring Agreement E, a Network Extortion arising from a failure of Network N Security. N 4. Section III, Exclusions is amended as follows: CL 1. Solely with respect to the Internet Media Liability Insuring Agreement afforded by this endorsement, a exclusion S is deleted in its entirety and the following is inserted: c 0 • alleging, based upon, arising out of or attributable to any action brought by or on behalf of the Federal Q Trade Commission, the Federal Communications Commission, or any other federal, state, or local government agency or ASCAP, SESAC, BMI or other licensing or rights organizations in such entity's d regulatory, quasi-regulatory, or official capacity,function or duty. t Solely with respect to the Network Extortion Insuring Agreement afforded by this endorsement, exclusion N is deleted in its entirety. Q PF-27126(05109) ©2009© Page 3 of 4 PV Packet Pg. 380 5.K.6 5. Section VI, Limits of Liability, is amended as follows: a. Subsection A, numbered paragraphs 3 and 4 are renumbered as paragraphs 5 and 6. b. Subsection A is amended by adding the following paragraphs 3 and 4 which shall be inserted between numbered paragraph 2 and numbered paragraph 5. 3. With respect to Insuring Agreement D: a. the Each Claim Limit of Liability stated in Item 4A of the Declarations for Insuring Agreement D is the Insurer's maximum liability under that Insuring Agreement for the sum of all Damages and all Claims Expenses because of each Claim, including each Claim alleging any Interrelated Wrongful Acts,first made and reported during the Policy Period. d b. the Aggregate Limit of Liability as stated in Item 4A of the Declarations for Insuring Agreement D is E the Insurer's maximum liability under that Insuring Agreement for the sum of all Damages and all M Claims Expenses because of all Claims combined in the aggregate, including all Claims alleging °- any Interrelated Wrongful Acts,first made and reported during the Policy Period. c ca 4. With respect to Insuring Agreement E: `- a. the Each Claim Limit of Liability stated in Item 4A of the Declarations for Insuring Agreement E is c the Insurer's maximum liability under that Insuring Agreement for the sum of all Extortion Expenses because of each Claim, including each Claim alleging any Interrelated Wrongful d Acts,first made and reported during the Policy Period. o L b. the Aggregate Limit of Liability stated in Item 4A of the Declarations for Insuring Agreement E is the Insurer's maximum liability under that Insuring Agreement for the sum of all Extortion a, Expenses because of all Claims combined in the aggregate, including all Claims alleging any ,`O Interrelated Wrongful Acts,first made and reported during the Policy Period. c. Subsection B is amended by deleting the phrase "all Damages, all Claims Expenses, and all Data Breach Expenses" and inserting the phrase "all Damages, all Claims Expenses, all Data Breach C a Expenses, and all Extortion Expenses". N d. Subsection C is amended by deleting last sentence of the subsection and inserting the following: o All Damages, Claims Expenses, Data Breach Expenses, and Extortion Expenses resulting from a (0 single Claim shall be deemed, respectively, a single Damage, Claims Expense, Data Breach Expense, or Extortion Expense. cc r 6. Section IX, Defense And Settlement, subsection A, is amended by deleting the phrase"Claims Expenses"and cfl insert the phrase"Claims Expenses, Extortion Expenses". ~ 7. The phrase "Damages, Claims Expenses, or Data Breach Expenses" is deleted wherever it appears in the z Policy and the phrase "Damages, Claims Expenses, Data Breach Expenses, or Extortion Expenses" is LL inserted in its place. 0 8. The phrase"Damages, Claims Expenses, and Data Breach Expenses" is deleted wherever it appears in the N Policy and the phrase "Damages, Claims Expenses, Data Breach Expenses, and Extortion Expenses" is N inserted in its place. a O L 0. All other terms and conditions of this Policy remain unchanged. c Q c m E s U 2 Q Authorized epresentative PF-27126(05/09) ©2009 0 Page 4 of 4 PV Packet-Pb.3,81 5.K.c THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Named Insured Endorsement Number Policy Symbol Policy Number Policy Period Effective Date of Endorsement to Issued By(Name of Insurance Company) Loss Mitigation This endorsement modifies insurance provided under the following: ACE DigiTech Digital Technology&Professional Liability Insurance Policy E ACE Privacy Protection Privacy and Network Liability Insurance Policy 1° a It is agreed that the Policy is amended by adding the following Section to the Policy: L • LOSS MITIGATION a The Insurer shall provide the Named Insured with a list of third-party privacy and network security loss mitigation vendors whom the Named Insured, at its own election and at the Named Insured's own expense, may retain for cyber risk management to inspect, assess, and audit the Named Insured's Q property, operations, systems, books, and records, including but not limited to the Named Insured's network security, employee cyber security awareness, incident response plans, services provider �- contracts, and regulatory compliance. Any loss mitigation inspection, assessment, or audit purchased by � the Named Insured, and any report or recommendation resulting therefrom, shall not constitute an LO undertaking at the behest of or for the benefit of the Insurer. ' Q All other terms and conditions of the Policy remain unchanged. co N O O ('1 to r ti J Q Z LL t0 T t7 N O IZ O L 11 t_ O Q E U Authorized Representative Q PF-43810(11/14) ©2014® Page 22 of 43 D, PV Packet Pg. 382 5.K.c Il THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Named Insured Endorsement Number Policy Symbol Policy Number Policy Period Effective Date of Endorsement t0 C Issued By(Name of Insurance Company) >_ N a Data Breach Team with Data Breach Fund Sidecar Endorsement This endorsement modifies insurance provided under the following: W ACE Privacy Protection Privacy and Network Liability Insurance Policy t Q It is agreed that if, as conditions precedent to coverage hereunder: o a. the Insured selects only service providers from the Data Breach Team; or C.- b. the Insurer permits the Insured, in accordance with section 7 of this endorsement, to retain alternative LO LO service providers; 7T- the Policy is amended as follows: CL 1. The Declarations is amended as follows: co N f a. Item 4AB is deleted and the following is inserted: 0 Each Claim Aggregate B. Data Breach Fund Sidecar $ $ (solely applicable to Data Breach Expenses as defined in this endorsement) b. Solely with respect to that portion of Data Breach Expenses incurred in retaining the services of the Data Breach Coach (as set forth in Section ll, subsection H1 of this Policy) under Insuring Agreement B, Item 5, Retention, is deleted and replaced with the following: a z $ each Claim for Coverage B LL to c. Item 6, Notice to Insurer, is amended by adding the following: o N • In the event of a Claim (or potential Claim as set forth in section VIII, B) under Insuring Agreement B, where urgent crisis management support is required, please contact: o Data Breach Coach Hotline: 1 (800)XXX-XXXX o a 2. Section II, Definitions, is amended as follows: c 0 a. Subsection H, the definition of Data Breach Expenses is deleted in its entirety and the following is Q inserted, H. Data Breach Expenses means those reasonable and necessary expenses incurred by the E Insured or which the Insured becomes legally obligated to pay: 1. to retain the services of the Data Breach Coach, including but not limited to retaining such Q services for Regulatory Communications; PF-38982(01/13) ©2013 Page 1 of 5 PV Packet Pg. 383 5.K.c 2. to retain the services of a third party computer forensics firm to determine the cause and scope of a failure by the Insured, or by an independent contractor for whom the Insured is legally responsible, to properly handle, manage, store, destroy or otherwise control Personal Information; 3. to comply with Privacy Regulations, including but not limited to: a. retaining the services of a law firm to determine the applicability and actions necessary to comply with Privacy Regulations, including but not limited to Regulatory E Communications and drafting notification letters; b. retaining the services of a notification service; and °- m c. retaining the services of a call center support service; _ For purposes of this subsection H3, compliance with Privacy Regulations shall follow the law of the applicable jurisdiction that most favors coverage for such expenses; 4. to retain the services of: a. a public relations or crisis communications firm; and o L- b. a notification service to voluntarily notify individuals whose Personal Information has a been wrongfully disclosed or otherwise compromised; rn solely for the purpose of protecting or restoring the reputation of, or mitigating financial harm LO to, the Insured as a result of a Wrongful Act; 5. to retain the services of a law firm solely to determine the Insured's indemnification rights M under a written agreement with an independent contractor with respect to a Wrongful Act a expressly covered under Insuring Agreement A of this Policy and actually or allegedly T committed by such contractor; r 6. to retain the services of a licensed investigator or credit specialist to provide up to one year of 0 fraud consultation to the individuals whose Personal Information has been wrongfully disclosed or otherwise compromised; 7. with the Insurer's prior written consent, for credit monitoring, credit freezing, or fraud alert service expenses for those individuals who accept an offer made by or on behalf of the ti Insured for, and receive, credit monitoring, credit freezing or fraud alert service; and -� Q 8. to retain the services of a third party identity restoration service for those individuals who are confirmed by a licensed investigator as victims of identity theft directly resulting from a to Wrongful Act expressly covered under Insuring Agreement A of this Policy; N Data Breach Expenses shall not include: i 1. costs or expenses incurred to update or otherwise improve privacy or network security 0 CL controls, policies or procedures to a level beyond that which existed prior to the loss event or o to be compliant with Privacy Regulations; c 2. taxes, fines, penalties, injunctions, or sanctions; and ° a 3. regular or overtime wages, salaries, or fees of the Insured. y c b. Subsection G, the definition of Damages is amended by deleting the phrase "compensatory E damages" and inserting the phrase "a direct settlement of a Regulatory Proceeding or compensatory damages" in numbered paragraph 7. c° c. Subsection Y, the definition of Regulatory Fines is amended by inserting the phrase "or Regulatory Q Communications" immediately after the phrase"a Regulatory Proceeding". d. Subsection Z, the definition of Regulatory Proceeding, is amended by deleting the phrase "request for information, demand,". PF-38982(01/13) ©20139M Page 2 of 5 PV Packet Pg. 384 5.K.c e. The following definitions are added: • Data Breach Coach means the law firm within the Data Breach Team designated for consultative and pre-litigation services provided to the Insured. • Data Breach Team means a list of approved service providers to provide legal, computer forensic, notification, call center, public relations, crisis communications, fraud consultation, credit monitoring, and identity restoration advice and services. The list of approved service providers is available at the ACE Cyber Experience° website to the Named Insured via passcode. In the E event of a breach, contact the Data Breach Coach as indicated on the Declarations. a • Regulatory Communications means those reasonable and necessary expenses incurred by the Insured to retain the services of a law firm to: c� L 1. communicate with a government agency to determine the applicability and actions necessary ,ten to comply with Privacy Regulations; and S r 2. respond to a request for information or demand by a governmental agency alleging the y violation of Privacy Regulations; 0 0- as a result of a Wrongful Act as set forth in subsection EE, numbered paragraph 2 of such (' definition. LO LO 3. Section III, Exclusions, Subsections F and Q are amended to add the following to each subsection, e! respectively: aO Solely with respect to a Wrongful Act expressly covered under Insuring Agreement B, this exclusion 00 • shall not apply to Regulatory Communications. T N W 4. Section VI, Limits of Liability, is amended as follows: o `k" a. Subsection A, numbered paragraph 2, is deleted in its entirety and the following is inserted its place: 3 2. With respect to Insuring Agreement B: a. The Each Claim Limit of Liability as stated in Item 4AB of the Declarations (as amended by this endorsement) is the Insurer's maximum liability under Insuring Agreement B for the sum of all Data Breach Expenses provided under the Data Breach Fund Sidecar because of z each Claim, including each Claim alleging any Interrelated Wrongful Acts, first made and z reported during the Policy Period. co r b. The Aggregate Limit of Liability stated in Item 4AB of the Declarations (as amended by this cm endorsement) is the Insurer's maximum liability under Insuring Agreement B for the sum of N all Data Breach Expenses provided under the Data Breach Fund Sidecar because of all 0 Claims combined in the aggregate, including all Claims alleging any Interrelated Wrongful o Acts, first made and reported during the Policy Period. a c c. The Each Claim and Aggregate Limits of Liability stated in Item 4AB (as amended by this �° endorsement) shall be in addition to, and not part of, the Maximum Policy Aggregate Limit of Liability set forth in Item 4C of the Declarations. 0) b. Numbered paragraph 4 is deleted in its entirety and the following provisions are inserted: 4. Claims Expenses shall be part of and not in addition to the applicable Aggregate Limits of Q Liability stated in Item 4A or 4C of the Declarations, and shall reduce such Aggregate Limits of Liability. 5. Except those Data Breach Expenses provided under the Data Breach Fund Sidecar, Data Breach Expenses (as originally defined the Policy) shall be part of and not in addition to the applicable Aggregate Limits of Liability set forth in Item 4AB and 4C of the Declarations. PF-38982(01/13) ©2013 LQ Page 3 of 5 PV Packet Pg. 385 e 5.K.c 6. If the applicable Limit of Liability is exhausted by payment of Damages, Claims Expenses, or Data Breach Expenses, the obligations of the Insurer under this Policy shall be completely fulfilled and extinguished. The Insurer is entitled to pay Damages, Claims Expenses, and Data Breach Expenses as they become due and payable by the Insureds, without consideration of other future payment obligations. 7. Any payment of Data Breach Expenses (as originally set forth in the Policy) shall erode the Each Claim and Aggregate Limits for the Data Breach Fund Sidecar stated in Item 4AB of the m Declarations and shall also simultaneously erode the Limits of Liability in Item 4AB and 4C as E originally set forth in the Policy Declarations. Any payment of Data Breach Expenses provided a under the Data Breach Fund Sidecar shall erode the Each Claim and Aggregate Limits of Liability originally set forth in Item 4AB of the Declarations. In no event shall the Limits of Liability stated in this endorsement, and the Limits of Liability stated in the original Policy Declarations be stacked or added together. c 8. For any single Claim, the Insured may elect to utilize Data Breach Expenses as originally defined in the Policy or Data Breach Expenses provided under the Data Breach Fund Sidecar a (subject to the Data Breach Team Coverage Conditions set forth in this endorsement). In no 0 event shall both the Data Breach Expenses, as originally defined in the Policy, and the Data Breach Expenses provided under the Data Breach Fund Sidecar be applied to the same Claim. LO LO 9. In the event the Aggregate limit as originally set forth in the Declarations under Item 4AB is exhausted, the Insurer shall have no further obligation to pay Data Breach Expenses, except to as the extent that the Insured is in full compliance with the terms of this endorsement, in which case o. the then-remaining Limits of Liability for the Data Breach Fund Sidecar stated in this endorsement 00 shall apply. (n c. Subsection B, Maximum Policy Aggregate Limit of Liability, is amended to add the following: U • However, the foregoing shall not apply to Data Breach Expenses provided under the Data Breach Fund Sidecar. C.0 T 5. Section VII, Retention, is amended by adding the following: • Any amounts paid by the Insurer or the Insured solely for that portion of Data Breach Expenses Q incurred for Regulatory Communications, shall simultaneously erode the applicable Retention set Z forth in Item 5 of the Declarations for a Regulatory Proceeding under Insuring Agreements A or C. u� 6. Section IX, Defense and Settlement, is amended as follows: N a. Subsection A3 is amended by deleting the phrase "Claims Expenses or Data Breach Expenses (as N defined in Section Il, subsection H3 of this Policy)" and inserting the phrase "Claims Expenses, or a Data Breach Expenses (as defined in Section ll, subsection H7 of this Policy)". 0- b. Subsection F is amended by deleting the phrase "Data Breach Expenses set forth in Section II, c subsection H3 of this Policy" and inserting the phrase"Data Breach Expenses set forth in Section Il, Q° subsections H7 of this Policy. 7. The following new Sections are added to the Policy: E • DATA BREACH TEAM COVERAGE CONDITIONS R w A. The Insurer may, at its sole discretion as evidenced by the Insurer's prior written approval on or 1 before the effective date of this Policy, permit the Insured to retain alternative service providers to provide services comparable to the services offered by the Data Breach Team, provided, however, the maximum rate the Insurer will pay for Data Breach Expenses shall be no more than the rates outlined in the ACE Data Breach Team Panel Guidelines for such services. PF-38982(01(13) ©2013 Page 4 of 5 PV Packet Pg.386 5 K:c B. If, during he Policy Period, an one of the following occurs: 9 Y Y i. any of the Data Breach Team service providers is unable to or does not provide the services covered under Data Breach Expenses; or ii. there is a change of law or regulation that prevents service providers selected exclusively from the Data Breach Team from providing the legal, computer forensic, notification, call center, public relations, crisis communications, fraud consultation, credit monitoring, and identity restoration advice and services sought by the Insured; E the Insurer may, at its sole discretion as evidenced by the Insurer's prior written approval, permit a the Insured to retain alternative service providers to provide services comparable to the services offered by the Data Breach Team; provided, however, the maximum rate the Insurer will pay for c Data Breach Expenses shall be no more than the rates outlined in the ACE Data Breach Team P Panel Guidelines for such services. C. The Insurer may, in its sole and good faith discretion, require the use of the Data Breach Coach by the Insured with respect to any Claim or potential Claim. o CL 0 • DATA BREACH TEAM COVERAGE DISCLAIMERS (L The Insured is under no obligation to contract for services with Data Breach Team service providers, a) in which case, except as stated below, the above-referenced Policy terms, as amended by this LO endorsement, shall not apply. 0 The Insurer shall not be a party to any agreement entered into between any Data Breach Team a service provider and the Insured. It is understood that Data Breach Team service providers are rn independent contractors, and are not agents of the Insurer. The Insured agrees that the Insurer assumes no liability arising out of any services rendered by a Data Breach Team service provider. o The Insurer shall not be entitled to any rights or subject to any obligations or liabilities set forth in any agreement entered into between any Data Breach Team service provider and the Insured. Any rights and obligations with respect to such agreement, including but limited to billings, fees and co services rendered, are solely for the benefit of, and borne solely by such Data Breach Team service provider and the Insured, and not the Insurer. ti J The Insurer has no obligation to provide any of the legal, computer forensic, notification, call center, z public relations, crisis communications, fraud consultation, credit monitoring, and identity restoration advice and services provided by the Data Breach Team. T The Insured's failure to comply with any one or more of the preceding requirements will preclude N coverage under this Data Breach Team endorsement, and the Policy will retain its original terms and N conditions as if this Data Breach Team endorsement had not been attached to this Policy. 0 CL O L 0. r_ All other terms and conditions of this Policy remain unchanged. 0 Q d E U f4 w Q Authorized Representative PM PF-38982(01/13) ©2013 Page 5 of 5 PV Packet Pg.387 5.K.c THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Named Insured Endorsement Number Policy Symbol Policy Number Policy Period Effective Date of Endorsement to Issued By(Name of Insurance Company) E a Rf a Data Breach Team with Data Breach Fund Inside-the-Limits This endorsement modifies insurance provided under the following: to ACE Privacy Protection Privacy and Network Liability Insurance Policy 1r a� It is agreed that if, as conditions precedent to coverage hereunder: o c. the Insured selects only service providers from the Data Breach Team; or °- d. the Insurer permits the Insured, in accordance with section 7 of this endorsement, to retain alternative LO service providers; the Policy is amended as follows: a) c- 1. The Declarations is amended as follows: T U) a. Item 4A.B. is deleted and the following is inserted: 2 Each Claim Aggregate C! B. Data Breach Fund $ $ 3 (solely applicable to Data Breach Expenses as defined in this endorsement) b. Solely with respect to that portion of Data Breach Expenses incurred in retaining the services of the Data Breach Coach (as set forth in Section II, subsection H1 of this Policy) under Insuring Agreement B, Item 5, Retention, is deleted and replaced with the following: Q z $ each Claim for Coverage B �+- c. Item 6, Notice to Insurer, is amended by adding the following: N • In the event of a Claim (or potential Claim as set forth in section VIII, B) under Insuring Agreement B, where urgent crisis management support is required, please contact: c Data Breach Coach Hotline: o a 2. Section II, Definitions, is amended as follows: a 0 a. Subsection H, the definition of Data Breach Expenses is deleted in its entirety and the following is Q inserted, H. Data Breach Expenses means those reasonable and necessary expenses incurred by the E Insured or which the Insured becomes legally obligated to pay: 1. to retain the services of the Data Breach Coach, including but not limited to retaining such Q services for Regulatory Communications; PF-42689(04/14) ©2014 Page 1 of 5 PV Packet Pg. 388 -5 K. 2. to retain the services of a third party computer forensics firm to determine the cause and scope of a failure by the Insured, or by an independent contractor for whom the Insured is legally responsible, to properly handle, manage, store, destroy or otherwise control Personal Information; 3. to comply with Privacy Regulations, including but not limited to: d. retaining the services of a law firm to determine the applicability and actions necessary to comply with Privacy Regulations, including but not limited to Regulatory Communications and drafting notification letters; e. retaining the services of a notification service; and a- m f. retaining the services of a call center support service; For purposes of this subsection H3, compliance with Privacy Regulations shall follow the law of the applicable jurisdiction that most favors coverage for such expenses; _ 4. to retain the services of: L a. a public relations or crisis communications firm; and o b. a notification service to voluntarily notify individuals whose Personal Information has a`. been wrongfully disclosed or otherwise compromised; a; solely for the purpose of protecting or restoring the reputation of, or mitigating financial harm LO to, the Insured as a result of a Wrongful Act; 5. to retain the services of a law firm solely to determine the Insured's indemnification rights a under a written agreement with an independent contractor with respect to a Wrongful Act CO expressly covered under Insuring Agreement A of this Policy and actually or allegedly N committed by such contractor; 0 6. to retain the services of a licensed investigator or credit specialist to provide up to one year of fraud consultation to the individuals whose Personal Information has been wrongfully disclosed or otherwise compromised; to 7. with the Insurer's prior written consent, for credit monitoring, credit freezing, or fraud alert service expenses for those individuals who accept an offer made by or on behalf of the r. Insured for, and receive, credit monitoring, credit freezing or fraud alert service; and –� Q 8. to retain the services of a third party identity restoration service for those individuals who are U- confirmed by a licensed investigator as victims of identity theft directly resulting from a cc Wrongful Act expressly covered under Insuring Agreement A of this Policy; N Data Breach Expenses shall not include: 16 1. costs or expenses incurred to update or otherwise improve privacy or network security a controls, policies or procedures to a level beyond that which existed prior to the loss event or to be compliant with Privacy Regulations; °" c 2. taxes, fines, penalties, injunctions, or sanctions; and Q° 3. regular or overtime wages, salaries, or fees of the Insured. m b. Subsection G, the definition of Damages is amended by deleting the phrase "compensatory E damages" and inserting the phrase "a direct settlement of a Regulatory Proceeding or U compensatory damages" in numbered paragraph 7. fII Q c. Subsection Y, the definition of Regulatory Fines is amended by inserting the phrase "or Regulatory Communications" immediately after the phrase"a Regulatory Proceeding". d. Subsection Z, the definition of Regulatory Proceeding, is amended by deleting the phrase "request for information, demand,". PF-42689(04/14) ©2014 Page 2 of 5 PV Packet Pg.389 5.K.c e. The following definitions are added: • Data Breach Coach means the law firm within the Data Breach Team designated for consultative and pre-litigation services provided to the Insured. • Data Breach Team means a list of approved service providers to provide legal, computer forensic, notification, call center, public relations, crisis communications, fraud consultation, credit monitoring, and identity restoration advice and services. The list of approved service providers is available at the ACE Cyber Experience° website to the Named Insured via passcode. In the 0) event of a breach, contact the Data Breach Coach as indicated on the Declarations. • Regulatory Communications means those reasonable and necessary expenses incurred by the Insured to retain the services of a law firm to: c 1. communicate with a government agency to determine the applicability and actions necessary to comply with Privacy Regulations; and N 2. respond to a request for information or demand by a governmental agency alleging the >% violation of Privacy Regulations; as a result of a Wrongful Act as set forth in subsection EE, numbered paragraph 2 of such o definition. °- 6. Section III, Exclusions, Subsections F and Q are amended to add the following to each subsection, LO respectively: 71 • Solely with respect to a Wrongful Act expressly covered under Insuring Agreement B, this exclusion aD shall not apply to Regulatory Communications. CL CO 7. Section Vl, Limits of Liability, is amended as follows: W N d a. Subsection A, numbered paragraph 2, is deleted in its entirety and the following is inserted its place: 0 2. With respect to Insuring Agreement B: (I 3 a. The Each Claim Limit of Liability as stated in Item 4AB of the Declarations (as amended by this endorsement) is the Insurer's maximum liability under Insuring Agreement B for the sum of all Data Breach Expenses provided under the Data Breach Fund set forth in this ti endorsement because of each Claim, including each Claim alleging any Interrelated Q Wrongful Acts, first made and reported during the Policy Period. Z b. The Aggregate Limit of Liability stated in Item 4AB of the Declarations (as amended by this co endorsement) is the Insurer's maximum liability under Insuring Agreement B for the sum of N all Data Breach Expenses provided under the Data Breach Fund set forth in this endorsement because of all Claims combined in the aggregate, including all Claims alleging o any Interrelated Wrongful Acts, first made and reported during the Policy Period. o L c. The Each Claim and Aggregate Limits of Liability stated in Item 4AB (as amended by this n- endorsement) shall be part of and not in addition to the Maximum Policy Aggregate Limit of Q Liability set forth in Item 4C of the Declarations. r b. Subsection D is deleted in its entirety and the following provisions are inserted: 6. Claims Expenses shall be part of and not in addition to the applicable Aggregate Limits of Liability stated in Item 4A or 4C of the Declarations, and shall reduce such Aggregate Limits of Liability. `t 7. Data Breach Expenses provided under the Data Breach Fund as set forth in this endorsement and Data Breach Expenses as originally defined the Policy shall be part of and not in addition to the applicable Aggregate Limits of Liability set forth in Item 4AB and 4C of the Declarations. PF-42689(04(14) ©2014 12 Page 3 of 5 PV Packet Pg.390 8. If the applicable Limit of Liability is exhausted by payment of Damages, Claims Expenses, or Data Breach Expenses, the obligations of the Insurer under this Policy shall be completely fulfilled and extinguished. The Insurer is entitled to pay Damages, Claims Expenses, and Data Breach Expenses as they become due and payable by the Insureds, without consideration of other future payment obligations. 9. Any payment of Data Breach Expenses as originally set forth in the Policy or as set forth in the Data Breach Fund pursuant to this endorsement shall erode the Each Claim and Aggregate Limits for the Data Breach Fund stated in paragraph 1.a above (which amends Item 4AB of the E Declarations) and shall also simultaneously erode the Limits of Liability in Item 4AB and 4C as a originally set forth in the Policy Declarations. In no event shall the Limits of Liability stated in this endorsement, and the Limits of Liability stated in the original Policy Declarations be stacked or r_ added together. 10. For any single Claim, the Insured may elect to utilize Data Breach Expenses as originally __ defined in the Policy or Data Breach Expenses provided under the Data Breach Fund set forth in this endorsement (subject to the Data Breach Team Coverage Conditions set forth in this Q endorsement). In no event shall both the Data Breach Expenses, as originally defined in the o Policy, and the Data Breach Expenses provided under the Data Breach Fund set forth in this endorsement be applied to the same Claim. L; LO 11. In the event the Aggregate limit as originally set forth in the Declarations under Item 4AB is 'S exhausted, the Insurer shall have no further obligation to pay Data Breach Expenses. a 5. Section VII, Retention, is amended by adding the following: oo • Any amounts paid by the Insurer or the Insured solely for that portion of Data Breach Expenses incurred for Regulatory Communications, shall simultaneously erode the applicable Retention set o forth in Item 5 of the Declarations for a Regulatory Proceeding under Insuring Agreements A or C. 6. Section IX, Defense and Settlement, is amended as follows: 3 a. Subsection A3 is amended by deleting the phrase "Claims Expenses or Data Breach Expenses (as 7 defined in Section Il, subsection H3 of this Policy)" and inserting the phrase "Claims Expenses, or Data Breach Expenses (as defined in Section ll, subsection H7 of this Policy)". Q b. Subsection F is amended by deleting the phrase "Data Breach Expenses set forth in Section ll, Z subsection H3 of this Policy" and inserting the phrase"Data Breach Expenses set forth in Section Il, subsections H7 of this Policy. N 7. The following new Sections are added to the Policy: E • DATA BREACH TEAM COVERAGE CONDITIONS c A. The Insurer may, at its sole discretion as evidenced by the Insurer's prior written approval on or a before the effective date of this Policy, permit the Insured to retain alternative service providers c to provide services comparable to the services offered by the Data Breach Team, provided, Q however, the maximum rate the Insurer will pay for Data Breach Expenses shall be no more than the rates outlined in the ACE Data Breach Team Panel Guidelines for such services. E B. If, during the Policy Period, any one of the following occurs: r i. any of the Data Breach Team service providers is unable to or does not provide the services Q covered under Data Breach Expenses; or ii. there is a change of law or regulation that prevents service providers selected exclusively from the Data Breach Team from providing the legal, computer forensic, notification, call center, public relations, crisis communications, fraud consultation, credit monitoring, and identity restoration advice and services sought by the Insured; PF-42689(04/14) ©2014 LQ Page 4 of 5 PV Packet Pg.,391; 5.K:c the Insurer may, at its sole discretion as evidenced by the Insurer's prior written approval, permit the Insured to retain alternative service providers to provide services comparable to the services offered by the Data Breach Team; provided, however, the maximum rate the Insurer will pay for Data Breach Expenses shall be no more than the rates outlined in the ACE Data Breach Team Panel Guidelines for such services. C. The Insurer may, in its sole and good faith discretion, require the use of the Data Breach Coach F; by the Insured with respect to any Claim or potential Claim. E • DATA BREACH TEAM COVERAGE DISCLAIMERS a. The Insured is under no obligation to contract for services with Data Breach Team service providers, in which case, except as stated below, the above-referenced Policy terms, as amended by this endorsement, shall not apply. L N The Insurer shall not be a party to any agreement entered into between any Data Breach Team service provider and the Insured. It is understood that Data Breach Team service providers are independent contractors, and are not agents of the Insurer. The Insured agrees that the Insurer Q. assumes no liability arising out of any services rendered by a Data Breach Team service provider. o The Insurer shall not be entitled to any rights or subject to any obligations or liabilities set forth in any a. agreement entered into between any Data Breach Team service provider and the Insured. Any M rights and obligations with respect to such agreement, including but limited to billings, fees and Ln services rendered, are solely for the benefit of, and borne solely by such Data Breach Team service provider and the Insured, and not the Insurer. Q The Insurer has no obligation to provide any of the legal, computer forensic, notification, call center, co public relations, crisis communications, fraud consultation, credit monitoring, and identity restoration Y) advice and services provided by the Data Breach Team. o The Insured's failure to comply with any one or more of the preceding requirements will preclude 9 coverage under this Data Breach Team endorsement, and the Policy will retain its original terms and 3 conditions as if this Data Breach Team endorsement had not been attached to this Policy. 0 ti J All other terms and conditions of this Policy remain unchanged. Q z 0 N RS N O a O L a c O Q c a� E .c ca w r Q Authorized epresentative PF-42689(04/14) ©2014 Page 5 of 5 PV Packet Pg.392` THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Named Insured Endorsement Number Policy Symbol Policy Number Policy Period Effective Date of Endorsement t0 Issued By(Name of Insurance Company) _ d E A First Party Network Security Endorsement (Terrorism Coverage Elected) ti m This endorsement modifies insurance provided under the following: L ACE Privacy Protection Privacy and Network Liability Insurance Policy N _ It is agreed that the Policy is amended as follows: a 1. The Declarations is amended as follows: o L a a. Item 3, Insuring Agreements, is amended by adding the following: ❑ F. Digital Asset Coverage LO LO ❑ G. Business Interruption Coverage w CL rn ❑ H. Contingent Business Interruption Coverage o T b. Item 4A, Limit of Liability for Insuring Agreements, is amended by adding the following: r Each Claim Aggregate F. Digital Asset Coverage $ $ 3 G. Business Interruption Coverage $ $ r H. Contingent Business Interruption Coverage $ $ ti J c. Item 5, Retention, is amended by adding the following: Q z $ each Claim for Coverage F r $ each Claim for Coverages G and H N d. The following is added: N 0 Item 10. Waiting Period c hours °" 0 Item 11. Qualified Service Providers: a :r E 44 c� r Q PF-29074c(01/15) ©2015 MA Page 1 of 6 PV Packet Pg.393 2. Section I, Insuring Agreements, is amended by adding the following: F. Digital Asset Coverage If Insuring Agreement F, Digital Asset Coverage, is purchased pursuant to Item 3 of the Declarations, the Insurer will pay the Digital Asset Loss incurred by the Insured resulting directly from a Claim which occurs during the Policy Period. Y G. Business Interruption Loss If Insuring Agreement G, Business Interruption Coverage, is purchased pursuant to Item 3 of the Declarations, the Insurer will pay the Income Loss and Extra Expense incurred by the Insured during the Period of Restoration resulting directly from a Claim reported to the Insured which occurs during the Policy Period. P H. Contingent Business Interruption Loss N If Insuring Agreement H, Contingent Business Interruption Coverage, is purchased pursuant to Item 3 of the Declarations, the Insurer will pay Income Loss and Extra Expense incurred by the Insured during a the Period of Restoration resulting directly from a Claim reported to the Insured which occurs during o the Policy Period. °- 3. Section Il, Definitions, is amended as follows: LO �t a. Subsection C, the definition of Claim, is amended by adding the following after item 2: 3. with respect to Insuring Agreement F, a Network Security Failure; a 00 4. with respect to Insuring Agreement G, an Interruption in Service; T 5. with respect to Insuring Agreement H, an Interruption in Service to the Insured by any Qualified o Service Provider caused directly by a failure on the part of the Qualified Service Provider's M Network Security, but only if such failure would have been covered under the terms and conditions CY of this Policy had the Qualified Service Provider been the Insured; to b. Solely with respect to the coverage afforded by this endorsement, subsection L, the definition of Insured's Computer System, is amended at numbered paragraph 2 by inserting the word "solely" J immediately after the word "operated". z c. The following definitions are added: • Certified Act of Terrorism means an act that is certified by the Secretary of the Treasury, in N accordance with the provisions of the federal Terrorism Risk Insurance Act, to be an act of terrorism pursuant to such Act. The criteria contained in the Terrorism Risk Insurance Act for a Certified Act c of Terrorism include the following: c 1. The act resulted in insured losses in excess of$5 million in the aggregate, attributable to all types of insurance subject to the Terrorism Risk Insurance Act; and o Q 2. The act is a violent act or an act that is dangerous to human life, property or infrastructure and is committed by an individual or individuals as part of an effort to coerce the civilian population of ca, the United States or to influence the policy or affect the conduct of the United States Government E by coercion. Y • Digital Asset means software and data in electronic form which is stored on the Insured's a Computer System. Digital Asset shall include the capacity of the Insured's Computer System to store information, process information, and broadcast information over the Internet. PM PF-29074c(01/15) ©2015 Page 2 of 6 PV Packet Pg. 394 5.K:c • Digital Asset Loss means those reasonable and necessary costs incurred to replace, restore, or re- collect Digital Assets from written records or from partially or fully matching electronic data records due to their corruption or destruction caused by a Network Security Failure. This shall include disaster recovery or computer forensic investigation efforts; however, in the event that the Digital Assets cannot be replaced, restored or re-collected, Digital Asset Loss shall be limited to the reasonable and necessary costs incurred to reach this determination. Digital Asset Loss does not include: c 1. costs or expenses incurred to update, replace, restore, or otherwise improve Digital Assets to a E level beyond that which existed prior to the loss event; 2. costs or expenses incurred to identify or remediate software program errors or vulnerabilities, or m costs to update, restore, replace, upgrade, update, maintain, or improve any Computer System; c m 3. costs incurred to research and develop Digital Assets, including Trade Secrets; 4. the economic or market value of Digital Assets, including Trade Secrets; or = 5. any other consequential loss or damage a • Extra Expense means reasonable and necessary expenses incurred to mitigate, avoid or reduce an ° Interruption in Service, provided they are over and above expenses that the Insured would have ° incurred had there been no Interruption in Service. Extra Expense shall also include any expenses CD incurred by the Insured for the purpose of reducing the Period of Restoration, but solely to the LO extent such expenses are approved, in writing, by the Insurer before they are incurred. Extra Expense does not include: a� CL 1. costs of preventing a loss or correcting any deficiencies or problems with the Insured's rn Computer System that might cause or contribute to a Claim; or r 2. penalties of any nature, however denominated, arising by contract. 0 CY • Income Loss means the net profit before taxes that the Insured does not realize due to an Interruption in Service, including fixed charges incurred by the Insured to the extent that such to charges would have been incurred had there been no Interruption in Service. Income Loss shall be calculated on an hourly basis based on net profit and shall apply only to that time period during r which the Insured's Computer System is affected by an Interruption in Service. a • Interruption in Service means a detectable interruption or degradation in service or the failure of the LL Insured's Computer System caused by a Network Security Failure. cc • Network Security Failure means a failure in Network Security that in turn results in the alteration, N corruption or destruction of Digital Assets or an Interruption of Service. N 0 • Period of Restoration means the continuous period of time that: a 1. begins with the earliest date of an Interruption in Service; and a c 2. ends on the date when the Insured's Computer System is or could have been repaired or Q restored with reasonable speed to the same functionality and level of service that existed prior to the Interruption in Service. In no event shall the Period of Restoration exceed thirty(30)days. Period of Restoration does not include any increases in the period of time defined above due to the enforcement of any law, ordinance or regulation or due to the actions of strikers or due to any loss of any licenses. Q PF-29074c(01/15) ©2015 IM Page 3 of 6 PV Packet Pg.395 • Qualified Service Provider means any service provider listed in Item 11 of the Declarations not owned, operated or controlled by any Insured which provides service(s) for a fee that the Insured depends on to conduct business over the Internet. • Waiting Period means the number of hours specified in Item 10 of the Declarations. 4. Section III, Exclusions, is amended as follows: a. The first sentence of the section is deleted in its entirety and the following is inserted: The Insurer shall not be liable for Damages, Claims Expenses, Data Breach Expenses, Digital Asset Loss, Extra Expense, or Income Loss on account of any Claim: a- a) b. Subsection N is amended by adding the following: _ L Further, solely with respect to Insuring Agreement H, this exclusion shall not apply to an alleged failure, w interruption or outage to infrastructure provided by a Qualified Service Provider if such outage is due S solely to a Network Security Failure on the part of a Qualified Service Provider. a� c. Solely with respect to Insuring Agreements F, G and H, the following exclusions are added: Q- 0 L • alleging, based upon, arising out of, or attributable to the ordinary wear and tear or gradual a deterioration of Digital Assets, including any data processing media; LO LO • alleging, based upon, arising out of, or attributable to any action of a public or governmental authority, 'a' including the seizure, confiscation or destruction of the Insured's Computer Systems or the 0 Insured's Digital Assets; a 00 • alleging, based upon, arising out of, or attributable to any transmission of unauthorized, corrupting or T harmful software code, distributed attacks, viruses, worms or malware which is self propagating; 0 • alleging, based upon, arising out of, or attributable to any operator error, software error, faulty instruction, unintentional programming error, or failure in project planning; 3 • alleging, based upon, arising out of, or attributable to any accounts, bills, evidences of debt, money, valuable papers, records, abstracts, deeds, manuscripts or other documents, except as they have �? been converted to data processing media form, and then only in that form; J 5. Section VI, Limits of Liability, is amended as follows: Z a. Subsection A, is amended as follows: T 1. Numbered paragraph 4 is amended by: CM i. deleting the phrase "and Data Breach Expenses" and inserting the phrase "Digital Asset Loss, o Extra Expense, Income Loss, and Data Breach Expenses"; and o. 0 ii. deleting the phrase "or Data Breach Expenses" and inserting the phrase "Digital Asset Loss, a Extra Expense, Income Loss, or Data Breach Expenses"; 0 2. The following is added: a w c 5. With respect to Insuring Agreement F: E a. the Each Claim Limit of Liability stated in Item 4A of the Declarations for Insuring Agreement F is the Insurer's maximum liability under that Insuring Agreement for the sum of all Digital Q Asset Losses because of each Claim, including each Claim alleging any Interrelated Wrongful Acts, first made and reported during the Policy Period. PF-29074c(01/15) ©2015 Page 4 of 6 PV Packet Pg.396 b. the Aggregate Limit of Liability stated in Item 4A of the Declarations for Insuring Agreement F is the Insurer's maximum liability under that Insuring Agreement for the sum of all Digital Asset Losses because of all Claims combined in the aggregate, including all Claims alleging any Interrelated Wrongful Acts, first made and reported during the Policy Period. 6. With respect to Insuring Agreements G and H: a. the Each Claim Limit of Liability stated in Item 4A of the Declarations for Insuring Agreements G and H is the Insurer's maximum liability under that Insuring Agreement for the sum of all Extra Expenses and Income Losses because of each Claim, including each c Claim alleging any Interrelated Wrongful Acts, first made and reported during the Policy E Period. co a b. the Aggregate Limit of Liability stated in Item 4A of the Declarations for Insuring Agreements a, G and H is the Insurer's maximum liability under that Insuring Agreement for the sum of all c Extra Expenses and Income Losses because of all Claims combined in the aggregate, including all Claims alleging any Interrelated Wrongful Acts, first made and reported during the Policy Period. — b. Subsection B is amended by deleting the phrase "all Data Breach Expenses" and inserting the phrase Q all Digital Asset Loss, all Extra Expense, all Income Loss, all Data Breach Expenses". o c. Subsection C is amended by deleting the last sentence and replacing it with the following: n rn All Damages, Claims Expenses, Digital Asset Loss, Extra Expense, Income Loss, and Data Breach LO Expenses resulting from a single Claim shall be deemed, respectively, a single Damage, Claims Expense, Digital Asset Loss, Extra Expense, Income Loss, or Data Breach Expense. a d. Subsection D is deleted in its entirety and replaced with the following provision: CO M D. Damages, Claims Expenses, Digital Asset Loss, Extra Expense, Income Loss, and Data Breach Expenses shall be part of and not in addition to the applicable Limit(s) of Liability shown in Item 4 of o the Declarations, and shall reduce such Limits)of Liability. If the Limit(s)of Liability are exhausted by a payment of Damages, Claims Expenses, Digital Asset Loss, Extra Expense, Income Loss, or 3 Data Breach Expenses, the obligations of the Insurer under this Policy shall be completely fulfilled and extinguished. cfl r. 6. Section VII, Retention, is amended by adding the following: Q D. With respect to Insuring Agreements G and H, the Insurer will pay the actual Income Loss and Extra ? Expense incurred by the Insured: 1. once the Waiting Period shown in Item 10 of the Declarations has expired; and N 2. which are in excess of the applicable Retention amount shown in Item 5 of the Declarations. N 0 All Retention amounts shall be computed as of the start of the Interruption in Service. o L 7. Section IX, Defense and Settlement, Subsection B is amended by deleting the phrase "Damages, Claims Expenses" and inserting the phrase "Damages, Claims Expenses, Digital Asset Loss, Extra Expense, a Income Loss" r c 8. The phrase "Data Breach Expenses" is deleted wherever it appears in the following sections of the Policy, E and the phrase "Digital Asset Loss, Extra Expense, Income Loss, Data Breach Expenses" is inserted in its place. w a. Wherever it appears in Section IV, Estates, Legal Representatives and Spouses Q b. Wherever it appears in Section VII, Retention. c. Where it appears in Section IX, Defense and Settlement, subsection D. PF-29074c(01/15) ©20150 Page 5 of 6 PV Packet Pg.397 d. Wherever it appears in Section XI, Other Insurance. e. Wherever it appears in Section XV, Territory and Valuation 9. Solely with respect to Insuring Agreements F, G and H, the following section is added: • CAP ON LOSSES FROM CERTIFIED ACTS OF TERRORISM A. Cap on Certified Acts of Terrorism Losses If aggregate insured losses attributable to Certified Acts of Terrorism under the Terrorism Risk Insurance Act exceed $100 billion in a calendar year and the Insurer has met its deductible under the Terrorism Risk Insurance Act, the Insurer shall not be liable for the payment of any portion of the amount of such losses that exceeds $100 billion, and in such case insured losses up to that amount a- are subject to pro rata allocation in accordance with procedures established by the Secretary of the u Treasury. L B. Application of Exclusions The terms and limitations of any terrorism exclusion, or the inapplicability or omission of a terrorism exclusion, do not serve to create coverage for any loss which would otherwise be excluded under this Q Policy. o o. rn All other terms and conditions of this Policy remain unchanged. LO N Cn Q O) N w O O 3 cn 6 J a Z M C6 T N N O Q O L O a r E s R w a Authorized Representative PF-29074c(01/15) ©2015 Page 6 of 6 PV Packet Pg.398 Insurance Company Policyholder Policy Number Y E Broker/Producer coo a m POLICYHOLDER DISCLOSURE CU NOTICE OF TERRORISM INSURANCE COVERAGE N You were notified that under the Terrorism Risk Insurance Act, as amended, you have a right to purchase insurance coverage for fosse S resulting from acts of terrorism.As defined in Section 102(1) of the Act:The term "act of terrorism"means any act or acts that are certifie d by the Secretary of the Treasury---in consultation with the Secretary of Homeland Security, and the Attorney General of the United State: o 0 --to be an act of terrorism; to be a violent act or an act that is dangerous to human life, property, or infrastructure; to have resulted i n- damage within the United States, or outside the United States in the case of certain air carriers or vessels or the premises of a Unite LO LO States mission; and to have been committed by an individual or individuals as part of an effort to coerce the civilian population of th : United States or to influence the policy or affect the conduct of the United States Government by coercion. w 0) CL YOU SHOULD KNOW THAT WHERE COVERAGE IS PROVIDED BY YOUR POLICY FOR LOSSES RESULTING FROM CERTIFIE rn ACTS OF TERRORISM, SUCH LOSSES MAY BE PARTIALLY REIMBURSED BY THE UNITED STATES GOVERNMENT UNDER . 0 FORMULA ESTABLISHED BY FEDERAL LAW. HOWEVER, YOUR POLICY MAY CONTAIN OTHER EXCLUSIONS WHICH MIGH C'J AFFECT YOUR COVERAGE, SUCH AS AN EXCLUSION FOR NUCLEAR EVENTS. UNDER THE FORMULA,THE UNITED STATE GOVERNMENT GENERALLY REIMBURSES 85% FOR YEAR 2015; 84% BEGINNING ON JANUARY 1, 2016; 83% BEGINNING OI JANUARY 1, 2017; 82% BEGINNING ON JANUARY 1, 2018; 81% BEGINNING ON JANUARY 1, 2019 AND 80% BEGINNING OI T JANUARY 1, 2020, OF COVERED TERRORISM LOSSES EXCEEDING THE STATUTORILY ESTABLISHED DEDUCTIBLE PAID B Q THE INSURANCE COMPANY PROVIDING THE COVERAGE. THE PREMIUM THAT WOULD BE CHARGED FOR THIS COVERAG z u_ IS PROVIDED BELOW AND DOES NOT INCLUDE ANY CHARGES FOR THE PORTION OF LOSS THAT MAY BE COVERED B C-0 THE FEDERAL GOVERNMENT UNDER THE ACT. c°•4 "Fi YOU SHOULD ALSO KNOW THAT THE TERRORISM RISK INSURANCE ACT, AS AMENDED, CONTAINS A $100 BILLION CA o 0. THAT LIMITS U.S. GOVERNMENT REIMBURSEMENT AS WELL AS INSURERS' LIABILITY FOR LOSSES RESULTING FROI o a CERTIFIED ACTS OF TERRORISM WHEN THE AMOUNT OF SUCH LOSSES IN ANY ONE CALENDAR YEAR EXCEEDS $10 0 0 BILLION. IF THE AGGREGATE INSURED LOSSES FOR ALL INSURERS EXCEED $100 BILLION, YOUR COVERAGE MAY B Q REDUCED. c m E You elected NOT to purchase terrorism coverage under the Act at the price indicated. ACCORDINGLY, WE WILL NOT PROVIDE THI COVERAGE AND YOU DO NOT OWE THE ADDITIONAL PREMIUM FOR THAT COVERAGE INDICATED BELOW. .r Q Terrorism coverage described by the Act under your policy was made available to you for additional premium in the mount of $ , however you elected to decline such coverage. By signing the Notice of Election, you are acknowledging your declination of such coverage. Packet Pg. 399 SERVICE OF SUIT ENDORSEMENT II ied Insured Endorsement Number Policy Symbol Policy Number Policy Period Effective Date of Endorsement to Issued By(Name of Insurance Company) Insert the policy number.The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy. r d E 9, R THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. U C Rf Information about service of suits upon the company is given below. Service of process of suits against the company ma r- be made upon the following person, or another person the company may designate: L Q� Q. 0 L Saverio Rocca, Assistant General Counsel a ACE Group of Insurance Companies a, 436 Walnut Street LO Philadelphia, PA 19106-3703 `t N Z� The person named above is authorized and directed to accept service of process on the company's behalf in any action, su C or proceeding instituted against the company. If the insured requests, the company will give the insured a written promis rn that a general appearance will be entered on the company's behalf if a suit is brought. y 0 If the insured requests, the company will submit to the jurisdiction of any court of competent jurisdiction. The company wi U0' accept the final decision of that court or any Appellate Court in the event of an appeal. However, nothing in thi 3 endorsement constitutes a waiver of company's right to remove an action to a United States District Court, or to seek transfer of a case to another court as permitted by the laws of the United States or of any state in the United States. r` Q The law of some jurisdictions of the United States of America requires that the Superintendent, Commissioner or Director c Insurance (or their successor in office) be designated as the company's agent for service of process. In these jurisdiction; to the company designates the Director of Insurance as the company's true and lawful attorney upon whom service of proces N on the company's behalf may be made. The company also authorizes the Director of Insurance to mail process received o the company's behalf to the company person named above. N 0 CL 0 If the insured is a resident of Canada, the insured may also serve suit upon the company by serving the government officio n` designated by the law of the insured's province. c Q NOTHING HEREIN CONTAINED SHALL BE HELD TO VARY, ALTER, WAIVE OR EXTEND ANY OF THE TERMS, CONDITIONS, OR LIMITATIONS OF THE POLICY TO WHICH THIS ENDORSEMENT IS ATTACHED OTHER THAN AS ABOVE STATED. U ca r Q Authorized Representative SL-34255(09/11) Packet Pg.400 SIGNATURES Named Insured Endorsement Number Policy Symbol Policy Number Policy Period Effective Date of Endorsement t0 Issued By(Name of Insurance Company) Insert the policy number.The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy. _ d THE ONLY SIGNATURES APPLICABLE TO THIS POLICY ARE THOSE REPRESENTING THE COMPANY NAMED 01 THE FIRST PAGE OF THE DECLARATIONS. n- d By signing and delivering the policy to you, we state that it is a valid contract. L c L ILLINOIS UNION INSURANCE COMPANY(A stock company) a 525 W. Monroe Street, Suite 400, Chicago, Illinois 60661 0 o. LO rn tn WESTCHESTER SURPLUS LINES INSURANCE COMPANY (A stock company) v Royal Centre Two, 11575 Great Oaks Way, Suite 200, Alpharetta, GA 30022 M CL 00 a� a� 0 CY T ti J Q l/n[J\ ti REBECCA L.COLLINS,Secretary o rJOHNUPICA, President CV is N 0 a 0 L a c 0 a r E w a Authorized Representative I i Packet Pg.401 1 5.K.c ❑ Illinois Union Insurance Company ❑ Westchester Surplus Lines Insurance Company ace group a CL Insured: Attached To Policy No.: Effective Date: ' c w a Q. 0 L CALIFORNIA SURPLUS LINES NOTIFICATION °- NOTICE: LO Ln 1 . THE INSURANCE POLICY THAT YOU (HAVE PURCHASED) (ARE APPLYING TO PURCHASE) IS BEING ISSUED BY AN INSUREF THAT IS NOT LICENSED BY THE STATE OF CALIFORNIA. THESE N COMPANIES ARE CALLED "NONADMITTED" OR "SURPLUS LINE' o INSURERS. a 2. THE INSURER IS NOT SUBJECT TO THE FINANCIAL SOLVENCY REGULATION AND ENFORCEMENT THAT APPLY TC ti CALIFORNIA LICENSED INSURERS. a Z 3. THE INSURER DOES NOT PARTICIPATE IN ANY OF THE INSURANCE GUARANTEE FUNDS CREATED BY CALIFORNIA N LAW. THEREFORE, THESE FUNDS WILL NOT PAY YOUR CLAIMS OF o PROTECT YOUR ASSETS IF THE INSURER BECOMES INSOLVENI o AND IS UNABLE TO MAKE PAYMENTS AS PROMISED. _ 0 4. THE INSURER SHOULD BE LICENSED EITHER AS A FOREIGN a INSURER IN ANOTHER STATE IN THE UNITED STATES OR AS NON-UNITED STATES (ALIEN) INSURER. YOU SHOULD ASP U QUESTIONS OF YOUR INSURANCE AGENT, BROKER, OF <- "SURPLUS LINE" BROKER OR CONTACT THE CALIFORNIi DEPARTMENT OF INSURANCE AT THE FOLLOWING TOLL-FREE TELEPHONE NUMBER: 1-800-927-4357. ASK WHETHER OR NOI THE INSURER IS LICENSED AS A FOREIGN OR NON-UNITE[ STATES (ALIEN) INSURER AND FOR ADDITIONAL INFORMATION Packet Pg. 402 S.K.c ABOUT THE INSURER. YOU MAY ALSO CONTACT THE NAIC'%c INTERNET WEB SITE AT WWW.NAIC.ORG. 5. FOREIGN INSURERS SHOULD BE LICENSED BY A STATE IN THE UNITED STATES AND YOU MAY CONTACT THAT STATE'! DEPARTMENT OF INSURANCE TO OBTAIN MORE INFORMATOOt ABOUT THAT INSURER. 6. FOR NON-UNITED STATES (ALIEN) INSURERS, THE INSURER a SHOULD BE LICENSED BY A COUNTRY OUTSIDE OF THE UNITE[ STATES AND SHOULD BE ON THE NAIC'S INTERNATIONAL CU L INSURERS DEPARTMENT (IID) LISTING OF APPROVE[ NONADMITTED NON-UNITED STATES INSURERS. ASK YOUF > AGENT, BROKER, OR "SURPLUS LINE" BROKER TO OBTAIN MORE o INFORMATION ABOUT THAT INSURER. 7. CALIFORNIA MAINTAINS A LIST OF ELIGIBLE SURPLUS LINE Lo INSURERS. ASK YOUR AGENT OR BROKER IF THE INSURER IS Ot THAT LIST, OR VIEW THAT LIST AT THE INTERNET WEB SITE OI THE CALIFORNIA DEPARTMENT OF INSURANCE 2 WWW.INSURANCE.CA.GOV. ° c� 8. IF YOU, AS THE APPLICANT, REQUIRED THAT THE INSURANCE co POLICY YOU HAVE PURCHASED BE BOUND IMMEDIATELY, EITHEF BECAUSE EXISTING COVERAGE WAS GOING TO LAPSE WITHR TWO BUSINESS DAYS OR BECAUSE YOU WERE REQUIRED TC Z HAVE COVERAGE WITHIN TWO BUSINESS DAYS, AND YOU DI[ NOT RECEIVE THIS DISCLOSURE FORM AND A REQUEST FOF N YOUR SIGNATURE UNTIL AFTER COVERAGE BECAME EFFECTIVE N YOU HAVE THE RIGHT TO CANCEL THIS POLICY WITHIN FIVE DAY! o OF RECEIVING THIS DISCLOSURE. IF YOU CANCEL COVERAGE THE PREMIUM WILL BE PRORATED AND ANY BROKER'S FEE a CHARGED FOR THIS INSURANCE WILL BE RETURNED TO YOU. U tC Q Applicant Signature Date Packet Pg.403 0 W U Y N O � E N Y U C N Q ❑ ❑ ❑ ❑ ❑ ❑ ❑ 41 U aL-+ tD O v 7 � -0 b Cl O O O N. m Y 4�- lip to l W T O c �, cJ E �, o N ro +, yr in O o c O O Cttk c 'O 41 OL N Ql vOi L a c) •� Q C fC0 0 co O M 1 # U, 2 v L11 Kd v v c o > > a> � � �v > E > N N 'O 4, O r + fiv X Io x Jo.X aX �.O X Itj + O L N + .. + :UQ ,EQ EQ + 4J K J+ Q Q o , o a Q '. 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N Qj C •Y O L U L 2 - o Y N O O + U v v E 3 c -0- c fO LL a, _o cf y > Y Y o U W U 4, O E + Q m a L cu u Of 3i v O N 1 > Z o0 o Io o n io un v €D v Q 0L ti ' + � };? x x m u0 0 o2S a� Q v o �E-o � � o � � a � ° no 41 L U U Vl c V)(C Vl C V1 C E dp N O C L N O C LL O } O .} O } O (U N L F- U U O s o O U o 0 O i 4J ° vYi Q 7 Y a Y u c QICQ�c�Q c �Q m Q 3 Y [� c 41 `� ocD r •3 ` v , v `� a, o ~ v o H u y y E 4 u c u u x u \ u \ T W Z =3 cu O o v x o v o a, o a a o u 021 U 4 C (0 41 C _ > c � n � Oro fo � 3`� ti3o � 3 €p � 3 z •3a T + n u al m` vt yr Q + U + JO 7 �.>u• ....,...,. v U U N y i L 41 0 `"i C O N 0 0 `w a N U U V^/ 5.K.d ❑ Illinois Union Insurance Company (its) ❑ Westchester Surplus Lines Insurance Company ,• ❑ ace group Y FE 41. V Insured: Attached To Policy No.: 3 c Effective Date: w n. 0 a CALIFORNIA SURPLUS LINES NOTIFICATION LO Ln NOTICE: 1 . THE INSURANCE POLICY THAT YOU (HAVE PURCHASED) (ARE APPLYING TO PURCHASE) IS BEING ISSUED BY AN INSUREF 0 THAT IS NOT LICENSED BY THE STATE OF CALIFORNIA. THESE COMPANIES ARE CALLED "NONADMITTED" OR "SURPLUS LINE' o INSURERS. a 2. THE INSURER IS NOT SUBJECT TO THE FINANCIAL N SOLVENCY REGULATION AND ENFORCEMENT THAT APPLY TC o CALIFORNIA LICENSED INSURERS. N CU 3. THE INSURER DOES NOT PARTICIPATE IN ANY OF THE INSURANCE GUARANTEE FUNDS CREATED BY CALIFORNIA LAW. THEREFORE, THESE FUNDS WILL NOT PAY YOUR CLAIMS OF PROTECT YOUR ASSETS IF THE INSURER BECOMES INSOLVENT AND IS UNABLE TO MAKE PAYMENTS AS PROMISED. a 4. THE INSURER SHOULD BE LICENSED EITHER AS A FOREIGN m INSURER IN ANOTHER STATE IN THE UNITED STATES OR AS NON-UNITED STATES (ALIEN) INSURER. YOU SHOULD ASP E QUESTIONS OF YOUR INSURANCE AGENT, BROKER, OF w "SURPLUS LINE" BROKER OR CONTACT THE CALIFORNIA a DEPARTMENT OF INSURANCE AT THE FOLLOWING TOLL-FREE TELEPHONE NUMBER: 1-800-927-4357. ASK WHETHER OR NO1 THE INSURER IS LICENSED AS A FOREIGN OR NON-UNITE[ STATES (ALIEN) INSURER AND FOR ADDITIONAL INFORMATION Packet Pg.405 5.K.d ABOUT THE INSURER. YOU MAY ALSO CONTACT THE NAIC': INTERNET WEB SITE AT WWW.NAIC.ORG. 5. FOREIGN INSURERS SHOULD BE LICENSED BY A STATE IN THE UNITED STATES AND YOU MAY CONTACT THAT STATE'% DEPARTMENT OF INSURANCE TO OBTAIN MORE INFORMATION ABOUT THAT INSURER. Y _ 6. FOR NON-UNITED STATES (ALIEN) INSURERS, THE INSURER a SHOULD BE LICENSED BY A COUNTRY OUTSIDE OF THE UNITE[ U STATES AND SHOULD BE ON THE NAIC'S INTERNATIONAL INSURERS DEPARTMENT (IID) LISTING OF APPROVE[ NONADMITTED NON-UNITED STATES INSURERS. ASK YOUF CD 0- AGENT, BROKER, OR "SURPLUS LINE" BROKER TO OBTAIN MORE INFORMATION ABOUT THAT INSURER. 7. CALIFORNIA MAINTAINS A LIST OF ELIGIBLE SURPLUS LINE INSURERS. ASK YOUR AGENT OR BROKER IF THE INSURER IS OP 76 THAT LIST, OR VIEW THAT LIST AT THE INTERNET WEB SITE OF Q THE CALIFORNIA DEPARTMENT OF INSURANCE WWW.INSURANCE.CA.GOV. o a 8. IF YOU, AS THE APPLICANT, REQUIRED THAT THE INSURANCE o POLICY YOU HAVE PURCHASED BE BOUND IMMEDIATELY, EITHEF N BECAUSE EXISTING COVERAGE WAS GOING TO LAPSE WITHIP TWO BUSINESS DAYS OR BECAUSE YOU WERE REQUIRED TC �, HAVE COVERAGE WITHIN TWO BUSINESS DAYS, AND YOU DI[ NOT RECEIVE THIS DISCLOSURE FORM AND A REQUEST FOF YOUR SIGNATURE UNTIL AFTER COVERAGE BECAME EFFECTIVE YOU HAVE THE RIGHT TO CANCEL THIS POLICY WITHIN FIVE DAY.E m OF RECEIVING THIS DISCLOSURE. IF YOU CANCEL COVERAGE '5 THE PREMIUM WILL BE PRORATED AND ANY BROKER'S FEE CHARGED FOR THIS INSURANCE WILL BE RETURNED TO YOU. m E U R w a Applicant Signature Date Packet Pg.406 2016 City of San Bernardino NOTICE: 1. THE INSURANCE POLICY THAT YOU [HAVE PURCHASED] [ARE APPLYING TO PURCHASE] IS BEING ISSUED BY AN INSURER THAT IS NOT LICENSED BY THE STATE OF CALIFORNIA. THESE COMPANIES ARE CALLED "NONADMITTED" OR "SURPLUS LINE" E, INSURERS. U C fC 2. THE INSURER IS NOT SUBJECT TO THE FINANCIAL N SOLVENCY REGULATION AND ENFORCEMENT THAT APPLY TO y CALIFORNIA LICENSED INSURERS. 0 L a 3. THE INSURER DOES NOT PARTICIPATE IN ANY OF THE LO INSURANCE GUARANTEE FUNDS CREATED BY CALIFORNIA LAW. THEREFORE, THESE FUNDS WILL NOT PAY YOUR CLAIMS OR N PROTECT YOUR ASSETS IF THE INSURER BECOMES INSOLVENT o 0. AND IS UNABLE TO MAKE PAYMENTS AS PROMISED. 0 4. THE INSURER SHOULD BE LICENSED EITHER AS A FOREIGN INSURER IN ANOTHER STATE IN THE UNITED STATES OR AS A N NON-UNITED STATES (ALIEN) INSURER. YOU SHOULD ASK 4- QUESTIONS OF YOUR INSURANCE AGENT, BROKER, OR "SURPLUS Cm Cu LINE" BROKER OR CONTACT THE CALIFORNIA DEPARTMENT OF INSURANCE AT THE FOLLOWING TOLL-FREE TELEPHONE Y NUMBER: 1-800-927-4357. ASK WHETHER OR NOT THE INSURER IS LICENSED AS A FOREIGN OR NON-UNITED STATES (ALIEN) INSURER AND FOR ADDITIONAL INFORMATION ABOUT THE INSURER. YOU MAY ALSO CONTACT THE NAIC'S INTERNET WEB m SITE AT WWW.NAIC.ORG. E 5. FOREIGN INSURERS SHOULD BE LICENSED BY A STATE IN THE UNITED STATES AND YOU MAY CONTACT THAT STATE'S a DEPARTMENT OF INSURANCE TO OBTAIN MORE INFORMATION ABOUT THAT INSURER. 6. FOR NON-UNITED STATES (ALIEN) INSURERS, THE INSURER SHOULD BE LICENSED BY A COUNTRY OUTSIDE OF THE UNITED Packet Pg. 407 5.K.d STATES AND SHOULD BE ON THE NAIC'S INTERNATIONAL INSURERS DEPARTMENT (1113) LISTING OF APPROVED NONADMITTED NON-UNITED STATES INSURERS. ASK YOUR AGENT, BROKER, OR "SURPLUS LINE" BROKER TO OBTAIN MORE INFORMATION ABOUT THAT INSURER. 7. CALIFORNIA MAINTAINS A LIST OF APPROVED SURPLUS LINE INSURERS. ASK YOUR AGENT OR BROKER IF THE INSURER IS ON THAT LIST, OR VIEW THAT LIST AT THE INTERNET WEB SITE OF THE CALIFORNIA DEPARTMENT OF INSURANCE: WWW.INSURANCE.CA.GOV. N L 8. IF YOU, AS THE APPLICANT, REQUIRED THAT THE Q 0 INSURANCE POLICY YOU HAVE PURCHASED BE BOUND IMMEDIATELY, EITHER BECAUSE EXISTING COVERAGE WAS GOING TO LAPSE WITHIN TWO BUSINESS DAYS OR BECAUSE YOU WERE REQUIRED TO HAVE COVERAGE WITHIN TWO BUSINESS DAYS, AND YOU DID NOT RECEIVE THIS DISCLOSURE FORM AND 0 A REQUEST FOR YOUR SIGNATURE UNTIL AFTER COVERAGE BECAME EFFECTIVE, YOU HAVE THE RIGHT TO CANCEL THIS 0 POLICY WITHIN FIVE DAYS OF RECEIVING THIS DISCLOSURE. IF YOU CANCEL COVERAGE, THE PREMIUM WILL BE PRORATED N AND ANY BROKER'S FEE CHARGED FOR THIS INSURANCE WILL BE RETURNED TO YOU. 0 L Date: Insured: a m D-1 (Effective July 21 , 2011) s r a Packet Pg.408 5.K.d POLICYHOLDER DISCLOSURE 2016 Cyber Liability TRIA FORM NOTICE OF TERRORISM (2015: Accepted) INSURANCE COVERAGE You are hereby notified that under the Terrorism Risk Insurance Act, as amended, you have a right to purchase insurance coverage for losses resulting from acts of terrorism. As defined in Section 102(1) of the Act: The term "act of terrorism" means any act or acts that are certified by the Secretary of the Treasury---in consultation with the Secretary of Homeland Security, and the Attorney General of the United States---to be an act of terrorism; to be a violent act or an act that is dangerous to human life, property, or infrastructure; to have resulted in damage within m the United States, or outside the United States in the case of certain air carriers or vessels or the premises of a E R United States mission; and to have been committed by an individual or individuals as part of an effort to coerce the a m civilian population of the United States or to influence the policy or affect the conduct of the United States ca Government by coercion. y c YOU SHOULD KNOW THAT WHERE COVERAGE IS PROVIDED BY THIS POLICY FOR LOSSES RESULTING >, L FROM CERTIFIED ACTS OF TERRORISM,SUCH LOSSES MAY BE PARTIALLY REIMBURSED BY THE UNITED Q STATES GOVERNMENT UNDER A FORMULA ESTABLISHED BY FEDERAL LAW. HOWEVER, YOUR POLICY a` MAY CONTAIN OTHER EXCLUSIONS WHICH MIGHT AFFECT YOUR COVERAGE, SUCH AS AN a, EXCLUSION FOR NUCLEAR EVENTS. UNDER THE FORMULA, THE UNITED STATES GOVERNMENT `n GENERALLY REIMBURSES 85%THROUGH 2015; 84% BEGINNING ON JANUARY 1, 2016; 83% BEGINNING N ON JANUARY 1, 2017; 82% BEGINNING ON JANUARY 1, 2018; 81% BEGINNING ON JANUARY 1, 2019 and F0 N 80% BEGINNING ON JANUARY 1, 2020, OF COVERED TERRORISM LOSSES EXCEEDING THE °a STATUTORILY ESTABLISHED DEDUCTIBLE PAID BY THE INSURANCE COMPANY PROVIDING THE o a. COVERAGE. THE PREMIUM CHARGED FOR THIS COVERAGE IS PROVIDED BELOW AND DOES NOT c INCLUDE ANY CHARGES FOR THE PORTION OF LOSS THAT MAY BE COVERED BY THE FEDERAL Q r GOVERNMENT UNDER THE ACT. N E YOU SHOULD ALSO KNOW THAT THE TERRORISM RISK INSURANCE ACT, AS AMENDED, CONTAINS A o 4 $100 BILLION CAP THAT LIMITS U.S. GOVERNMENT REIMBURSEMENT AS WELL AS INSURERS' Cn LIABILITY FOR LOSSES RESULTING FROM CERTIFIED ACTS OF TERRORISM WHEN THE AMOUNT OF a SUCH LOSSES IN ANY ONE CALENDAR YEAR EXCEEDS $100 BILLION. IF THE AGGREGATE INSURED LOSSES FOR ALL INSURERS EXCEED$100 BILLION,YOUR COVERAGE MAY BE REDUCED. Acceptance or Rejection of Terrorism Insurance Coverage I hereby elect to purchase terrorism coverage for a prospective premium of$ Q L d I hereby decline to purchase terrorism coverage for certified acts of terrorism. I understand that I will c have no coverage for losses resulting from certified acts of terrorism. m Y d E Policyholder/Applicant's Signature Insurance Company s c� Print Name Policy Number Q Date TR-19604d(01/15) Packet Pg.409 XSDIC 10x10 Endurance Aonbhk (2015: Declined TRIA) w Endurmce Name of Applicant: City of San Bernardino Date of Notice: June 13,2016 Insurance Company: Endurance American Specialty Insurance Company POLICYHOLDER DISCLOSURE NOTICE OF TERRORISM INSURANCE COVERAGE IL You are hereby notified that under the Terrorism Risk Insurance Act, as reauthorized and amended, that you have right to purchase insurance coverage for losses resulting from acts of terrorism, as defined in Section 102(1) of th Act: The term "act of terrorism" means any act that is certified by the Secretary of the Treasury, in accordance wit w the provisions of the federal Terrorism Risk Insurance Act, to be an act of terrorism; to be a violent act or an act the 5 is dangerous to human life,property,or infrastructure;to have resulted in damage within the United States,or outsid the United States in the case of certain air carriers or vessels or the premises of a United States mission; and to hav Q, been committed by an individual or individuals as part of an effort to coerce the civilian population of the Unite, a States or to influence the policy or affect the conduct of the United States Government by coercion. as YOU SHOULD KNOW THAT WHERE COVERAGE IS PROVIDED BY THIS POLICY FOR LOSSE; 2016 CE/APD Hanover TRIA Form ' (2015: Coverage Rejected) THIS NOTICE IS PROVIDED IN RESPONSE TO THE DISCLOSURE REQUIREMENTS OF THE TERRORISM RISK INSURANCE ACT. THIS NOTICE DOES NOT GRANT COVERAGE OR CHANGE THE TERMS AND CONDITIONS OF COVERAGE UNDER THE POLICY. IF THERE IS A CONFLICT BETWEEN THIS NOTICE AND THE POLICY, THE PROVISIONS OF THE POLICY SHALL APPLY. DISCLOSURE PURSUANT TO TERRORISM RISK INSURANCE ACT Schedule Disclosure of Premium: E E Total Terrorism Premium $ 1,149 �a a Fire Following Premium $ Waived c Other than Fire Following Premium $ 1,149 c Disclosure of Terrorism Coverage Available a You are hereby notified that under the Terrorism Risk Insurance Act, as amended, you have a right to L- 0- purchase insurance coverage for losses resulting from "acts of terrorism" defined in Section 102(1) of the Act as follows: Ln to Any act or acts that are certified by the Secretary of the Treasury, in consultation with the Secretary of Homeland Security and the Attorney General of the United States, to be an N act of terrorism; to be a violent act or an act that is dangerous to human life, property, or infrastructure; to have resulted in damage within the United States, or outside the United ai States in the case of certain air carriers or vessels or the premises of a United States 0. mission; and to have been committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the L conduct of the United States government by coercion. C Q The premium charged for this coverage is provided in the Schedule above and does not include any charges for the portion of loss that may be covered by the Federal Government as described below. c N Your policy may contain other exclusions which could affect your coverage, such as an exclusion for o Nuclear Events or Pollution. Please read your policy carefully. Q Note for Commercial Property or Commercial Inland Marine Policyholders in Standard Fire States: 1° a In your state, a terrorism exclusion makes an exception for (and therefore provides coverage for) fire losses resulting from an act of terrorism. If you reject the offer of terrorism coverage, therefore, that rejection does not apply to fire losses resulting from an act of terrorism. Coverage for such fire losses will be provided in your policy. The additional premium just for such fire coverage is shown in the Schedule in LM above. — Q L 41 Disclosure of Federal Participation in Payment of Terrorism Losses c The United States government through the Department of the Treasury may pay a share of terrorism 0° losses insured under the federal program under a formula set forth in the Act. Under this formula, the United States government generally reimburses the following percentage of covered terrorism loss which E exceeds the statutorily established deductible paid by the insurance company providing the coverage: 85% through 2015; 84% beginning on January 1, 2016; 83% beginning on January 1, 2017; 82% beginning on January 1, 2018; 81% beginning on January 1, 2019; and 80% beginning on January 1, Q 2020. 401-1374 01 151ncludes copyrighted material of Insurance Services Office, Inc., with its permission. Page 5 of 6 5 Packet Pg. 411 5.K.d Cap on Insurer Participation in Payment of Terrorism Losses The Act contains a $100 billion cap that limits the reimbursement by the United States government as well as insurers' liability for losses resulting from certified acts of terrorism. If the aggregate of insured losses attributable to terrorist acts certified under the Terrorism Risk Insurance Act exceed $100 billion in a calendar year and we have met our insurer deductible under the Act, we will not be liable for the payment of any portion of the amount of such losses that exceeds $100 billion. In such case, insured losses up to that amount are subject to pro rata allocation in accordance with procedures established by the Secretary of the Treasury. E Rejection of Terrorism Insurance Coverage a m U I decline to purchase terrorism coverage for certified acts of terrorism. I understand that I will El have no coverage for losses resulting from certified acts of terrorism. The Hanover Insurance Company Applicant/Policyholder Signature Insurance Company o L IH3 A366129 03 °- Print Name Quote or Policy Number to et Date N O Q. O a c 0 a 0 N E O L Y- CL a� L .V U) Q L G1 M .1� d E V r Q I401-1374 01 15 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 6 of 6 1 1 6 Packet Pg.412 5.K.d 2016 Property TRIA Form -sign and acc (2015: signed and accepted) POLICYHOLDER DISCLOSURE NOTICE OF TERRORISM INSURANCE COVERAGE Insured Name: City of San Bernardino Account Number: 83819 a E a Insurer Name: Affiliated FM a� U The Terrorism Risk Insurance Act of 2002, as amended and extended in 2005, 2007 and again in 2015, gives you the right as part of your property renewal policy to elect or reject insurance coverage for locations within the United States or any territory or possession of w the United States for losses arising out of acts of terrorism, as defined and certified in Q accordance with the provisions of the act. 0 L Q. YOU SHOULD KNOW THAT WHERE COVERAGE IS PROVIDED FOR LOSSES LO RESULTING FROM CERTIFIED ACTS OF TERRRORISM, SUCH LOSSES MAY BE PARTIALLY REIMBURSED BY THE UNITED STATES GOVERNMENT N UNDER A FORMULA ESTABLISHED BY FEDERAL LAW. UNDER THIS FORMULA, THE UNITED STATES GOVERNMENT GENERALLY PAYS 85% 0 (AND BEGINNING ON JANUARY 1, 2016, SHALL THEN DECREASE BY 1 0 PERCENTAGE POINT PER CALENDAR YEAR UNTIL EQUAL TO 80 PERCENT) OF COVERED TERRORISM LOSSES EXCEEDING A STATUTORILY ESTABLISHED DEDUCTIBLE PAID BY THE INSURER REFERENCED ABOVE. to ALSO, THERE IS A $100,000,000,000 CAP ON THE FEDERAL AND INSURER N SHARE OF LIABILITY STATING THAT IF THE AGGREGATE INSURED E 0 LOSSES EXCEED $100,000,000,000 DURING ANY CALENDAR YEAR 4 NEITHER THE UNITED STATES GOVERNMENT NOR ANY INSURER THAT HAS MET ITS INSURER DEDUCTIBLE SHALL MAKE PAYMENT OR BE a LIABLE FOR ANY PORTION OF THE AMOUNT OF SUCH LOSSES THAT EXCEED $100,000,000,000. THE PREMIUM CHARGED FOR THIS COVERAGE IS PROVIDED BELOW AND DOES NOT INCLUDE ANY CHARGES FOR THE PORTION OF LOSS COVERED BY THE FEDERAL GOVERNMENT UNDER THE ACT. a L d ACCEPTANCE OR REJECTION OF TERRORISM INSURANCE COVERAGE: m UNDER FEDERAL LAW, YOU HAVE THE RIGHT TO ACCEPT OR REJECT THIS OFFER OF COVERAGE FOR TERRORIST ACTS COVERED BY THE ACT AS a) PART OF YOUR PROPERTY INSURANCE PROGRAM. IF WE DO NOT RECEIVE THIS SIGNED DISCLOSURE FORM PRIOR TO THE RENEWAL POLICY y EFFECTIVE DATE OF July 31, 2016, THEN YOUR RENEWAL POLICY WILL Q REFLECT YOUR DECISION NOT TO PURCHASE THE TERRORISM COVERAGE PROVIDED BY THE ACT. 0 Page I of 2 Edition January,2015 Packet Pg. 413 5.K.d I hereby elect to purchase coverage for terrorist acts covered by the act for an annual premium of$12,000 This premium does not include applicable taxes or surcharges. I hereby decline this offer of coverage for terrorist acts covered by the act. c d E a a m U C fC L Policyholder/Applicant Signature t 0 CL 0 L a. Print Name °; LO N R N O Date o JOWN L) 0 a. C 0 Q 0 0 N E O L Q� n. Q� L U) Q L CD C m w C d E 0 V R Q Page 2 of 2 Edition January,2015 Packet Pg.414, '- 2016 XSDIC 5po10x20 5K:d (2015:TRIA Declined) ov ASPEN INSURANCE POLICYHOLDER DISCLOSURE NOTICE OF TERRORISM INSURANCE COVERAGE You are hereby notified that under the Terrorism Risk Insurance Act, as amended, you have a right to purchase insurance coverage for losses resulting from acts of terrorism, as defined in Section 102(1) of the Act: The term "act of terrorism" means any act that is certified by the Secretary of the Treasury—in consultation with the Secretary of Homeland Security, and the Attorney General of the United States—to be an act of terrorism; to be a violent act or an act that is dangerous to human life, property, or infrastructure; to have resulted in damage within the United States, or outside the United States in the case of certain air carriers or vessels or the premises of a United States mission; and to have been committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. YOU SHOULD KNOW THAT WHERE COVERAGE IS PROVIDED BY THIS POLICY FOR LOSSES RESULTING FROM CERTIFIED ACTS OF TERRORISM, SUCH LOSSES MAY BE PARTIALLY REIMBURSED BY THE UNITED STATES GOVERNMENT UNDER A FORMULA ESTABLISHED BY FEDERAL LAW. HOWEVER, YOUR POLICY MAY CONTAIN OTHER EXCLUSIONS WHICH MIGHT AFFECT YOUR COVERAGE, SUCH AS AN EXCLUSION FOR NUCLEAR EVENTS. UNDER THE FORMULA, THE UNITED STATES GOVERNMENT GENERALLY REIMBURSES 85% THROUGH 2015; 84% BEGINNING ON JANUARY 1, 2016; 83% BEGINNING ON JANUARY 1, 2017; 82% BEGINNING ON JANUARY 1, 2018; 81% BEGINNING ON JANUARY 1, 2019 AND 80% BEGINNING ON JANUARY 1, 2020 OF COVERED TERRORISM LOSSES EXCEEDING THE STATUTORILY ESTABLISHED DEDUCTIBLE PAID BY THE INSURANCE COMPANY PROVIDING THE COVERAGE. THE PREMIUM CHARGED FOR THIS COVERAGE IS PROVIDED BELOW AND DOES NOT INCLUDE ANY CHARGES FOR THE PORTION OF LOSS THAT MAY BE COVERED BY THE FEDERAL GOVERNMENT UNDER THE ACT. YOU SHOULD ALSO KNOW THAT THE TERRORISM RISK INSURANCE ACT, AS AMENDED, CONTAINS A $100 BILLION CAP THAT LIMITS U.S. GOVERNMENT REIMBURSEMENT AS WELL AS INSURERS' LIABILITY FOR LOSSES RESULTING FROM CERTIFIED ACTS OF TERRORISM WHEN THE AMOUNT OF SUCH LOSSES IN ANY ONE CALENDAR YEAR EXCEEDS $100 BILLION. IF THE AGGREGATE INSURED LOSSES FOR ALL INSURERS EXCEED $100 BILLION, YOUR COVERAGE MAY BE REDUCED. I hereby elect to purchase the federal terrorism insurance coverage for the premium of $86,800. 1 hereby reject this offer of the federal terrorism insurance coverage and elect to have a Qterrorism exclusion, sublimit or other limitation included in my policy. I understand that I will have no or limited, coverage for losses arising from acts of terrorism under my policy. City of San Bernardino Applicant/Named Insured Signature Named Insured Print Name Policy Number Aspen Specialty Insurance Company Date Insurance Company ASPCO1114 0115 35 N.Lake Avenue,Suite 820 I Pasadena I California 1 91101 I Phone 626.463.7628 I Fax 626.463.7629 5 Packet Pg.411 2016 XSDIC 5po10xs20 Evanston (2015: TRIA Declined) INTERLINE MARKED Evanston Insurance Company POLICYHOLDER DISCLOSURE NOTICE OF TERRORISM INSURANCE COVERAGE E Date: June 7, 2016 a Policyholder/Applicant Name: CITY OF SAN BERNARDINO Deal Number(if applicable): 3475947 P 3 N You are hereby notified that under the Terrorism Risk Insurance Act, as amended, you have a right to purchase insurance coverage for losses resulting from acts of terrorism, as defined in Section 102(1) of the Act: The term "act of terrorism" means any act that is certified by the Secretary of the Treasury, in consultation with the Secretary of Homeland Security, Q and the Attorney General of the United States to be an act of terrorism; to be a violent act or an act that is dangerous to 0 human life, property, or infrastructure; to have resulted in damage within the United States, or outside the United States in °- the case of certain air carriers or vessels or the premises of a United States mission; and to have been committed by an cn individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy a or affect the conduct of the United States Government by coercion. N YOU SHOULD KNOW THAT WHERE COVERAGE IS PROVIDED BY THIS POLICY FOR LOSSES RESULTING FROM CERTIFIED N ACTS OF TERRORISM, SUCH LOSSES MAY BE PARTIALLY REIMBURSED BY THE UNITED STATES GOVERNMENT UNDER A 0 CL FORMULA ESTABLISHED BY FEDERAL LAW. HOWEVER, YOUR POLICY MAY CONTAIN OTHER EXCLUSIONS WHICH MIGHT "0 AFFECT YOUR COVERAGE, SUCH AS AN EXCLUSION FOR NUCLEAR EVENTS. UNDER THE FORMULA,THE UNITED STATES o GOVERNMENT GENERALLY REIMBURSES 85% THROUGH 2015; 84% BEGINNING ON JANUARY 1, 2016; 83% BEGINNING ON Q to JANUARY 1, 2017; 82% BEGINNING ON JANUARY 1, 2018; 81% BEGINNING ON JANUARY 1, 2019 AND 80% BEGINNING ON N JANUARY 1, 2020 OF COVERED TERRORISM LOSSES EXCEEDING THE STATUTORILY ESTABLISHED DEDUCTIBLE PAID BY E 0 THE INSURANCE COMPANY PROVIDING THE COVERAGE. THE PREMIUM CHARGED FOR THIS COVERAGE IS PROVIDED w BELOW AND DOES NOT INCLUDE ANY CHARGES FOR THE PORTION OF LOSS THAT MAY BE COVERED BY THE FEDERAL GOVERNMENT UNDER THE ACT. nom. YOU SHOULD ALSO KNOW THAT THE TERRORISM RISK INSURANCE ACT, AS AMENDED, CONTAINS A $100 BILLION CAP m 3 THAT LIMITS U.S. GOVERNMENT REIMBURSEMENT AS WELL AS INSURERS' LIABILITY FOR LOSSES RESULTING FROM c CERTIFIED ACTS OF TERRORISM WHEN THE AMOUNT OF SUCH LOSSES IN ANY ONE CALENDAR YEAR EXCEEDS $100 rn BILLION. IF THE AGGREGATE INSURED LOSSES FOR ALL INSURERS EXCEED $100 BILLION, YOUR COVERAGE MAY BE Q REDUCED. m c SELECTION OR REJECTION OF TERRORISM INSURANCE COVERAGE m PLEASE"X"ONE OF THE BOXES BELOW AND TAKE THE ACTION INDICATED. c ❑ I hereby elect to purchase terrorism coverage for a prospective premium of$45,700.00. E ❑ I hereby decline to purchase terrorism coverage for certified acts of terrorism. I understand that I will have no coverage for losses resulting from certified acts of terrorism. ,wf4 a Policyholder/Applicant Signature Print Name Date MKL TERR-4 01 15 Includes copyrighted material of National Association Of Insurance Page 1 of 1 Commissioners, with its permission. Packet Pg.416'