AMENDMENT TO AGREEMENT
This Amendmentof theAgreement,enteredinto this day of , 2024,by andbetweentheCITYOF ALAMEDA,amunicipalcorporation(hereinafter"City")andCircleUp Education,a Californiacorporationwhose address is 401 RolandWay, Suite 250, Oakland,CA 94621 (hereinafter"Provider"),is made with referenceto thefollowing:
RECITALS:
A. On February 14, 2024, an agreement was entered into by and between City and Provider (hereinafter "Agreement") in an amount not to exceed $19,760.
B. City and Provider desire to modify the Agreement on the terms and conditions set forth herein.
C. Whereas,the CityCouncilauthorizedthe CityManagerto executethis amendment on
NOW, THEREFORE,it is mutuallyagreed by and betweenthe undersignedparties as follows:
1. Paragraph 1, TERM, of the Agreement is modified to read as follows:
Thetermofthis AgreementshallcommenceonFebruary14,2024,andshallterminateonthe June 30, 2026, unless terminated earlier as set forth herein.
2. Paragraph 2, SCOPE OF WORK, of the Agreement is modified to read as follows:
Provideragreesto do allnecessaryworkat its owncostand expense,to furnishall labor, tools,equipment,materials,exceptasotherwisespecified,and todo allnecessaryworkincludedin Exhibit A-l as requested.
3. Paragraph 3, COMPENSATION TO PROVIDER, is modified to read as follows:
a. Bythe 7th dayofeachmonth,ProvidershallsubmittotheCityaninvoiceforthetotal amountofworkdonethepreviousmonth. Pricingand accountingofchargesare tobe accordingto thefee scheduleasset forthinExhibit3 andincorporatedhereinbythis reference.Extraworkmust be approvedin writingbythe CityManagerorhis/herdesigneepriorto performanceand shallbe paid on a Time and Material basis as set forth in Exhibit 3. b. Providershall be compensatedfor the servicesperformedin accordancewith the original contractconsistentwith the terms of those agreements. Total Compensationfor this Agreement shall not exceed $134,346.
07/14/21
AMEND.AGR
4. Except as expressly modified herein, all other terms and covenants set forth in the Agreement shall remain the same and shall be in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this modification ofAgreement to be executed on the day and year first above written.
CircleUp Education
A California Corporation
Tyrone Botelho
President
Tiftafi;
Secffctoy
CITY OF ALAMEDA
a municipalcorporation
By: Jennifer Ott
City Manager
RECOMMENDED FOR APPROVAL:
eriry
NationsandLegislativeAffairsOfficer
APPROVED AS TO FORM:
G
DocuSigned by:
/UicLuX fyusL
Rn7AAOnB42C2dDE,,
City Attorney
By. Michael Roush
£xhibrl-)4 -/
CircleUp Education
m
Scope of Work - City of Alameda - City-wide DEI Support (2024)
Prepared for: Created by:
Sarah Henry Tiffany Hoang
City of Alameda CircleUp Education
[email protected] [email protected]
510-470-5290
Scope of Work - Phase 1
Name Price QTY Subtotal
Service Planning & Preparation Meeting - DEIB
Working Group, E-Team and service preparation -
ONLINE
This is a meeting with key stakeholders in your organization to prepare for upcoming meetings, process the impact of past meetings, or review any important information that is related to the planning or delivery of services by CircleUp's Team. This service may include a request from you to have the CircleUp team review critical media in preparation for upcoming services.
Logistics
This meeting or session is 50 minutes long
Ifthis service is a meeting, no more than 10 people will be in attendance.
Includes - 2-3 Meetings to help build a plan for roll-out of services
Includes - 2-3 Meetings to discuss training topics,
planning, and problem solving.
$595.00 10 $5,950.00
Discussion Circle/Meeting Facilitation - Live In-person - With DEIB Working Group and E-Team
The Discussion Circle/Meeting is designed to engage participants in activities designed to discuss, reflect, and process important topics that impact the day-to-day live of participants. This meeting will be used to discuss and clarify the DEIB Working group recommendations, identify priorities, and collaborate on creating tangible actions that reflect those priorities.
Live Training Logistics
This session is LIVE, meaning that it willtake place at your site The session is 2 hours long
There will be one short break included in the session.
This session will include small group breakout sessions.
Our team will arrive up to 1 hour early to set up the sessions.
Our team will stay 30 minutes after the session to pack up all of the training materials.
Our trainers have been fully vaccinated with the COVID-19 Vaccine and will wear a mask during the training session that allows participants to still see their faces.
The cost includes setup, breakdown, and travel costs.
Customizations
This will be a meeting the the DEIB Working Group and
the Executive Team to collaborative on rolling out the city- wide training plan with CircleUp Education.
This meeting will include the presentation of the DEIB's recommendations and identifying priority-based actions as a team.
$3,846.00 $3,846.00
Unravelling Equity Training - Live In-person - City
Council Members
Description
This course is designed to help staff build deeper empathy and understanding for people whose culture, experiences,
perspectives, and habits are different from their own. This course helps shine a bright spotlight on the inaccurate belief that there is a uniformly accepted way of being that everyone should enact and instead guides staff toward an equitable way of viewing people that takes into consideration their race, culture, gender, and other diverse identities. This course will help staff develop equity lenses to help them assess their actions, behaviors, and policies to ensure that they are taking into consideration different starting pointsand perspectiveswhenworking in theircommunity.
Live Training Logistics
This session is LIVE, meaning that it willtake place at your site The session is 3 hours long, (can be adjusted if needed) There will be one short break included in the session.
This session will include small group breakout sessions.
Our team will arrive up to 1 hour early to set up the sessions.
Our team willstay 30 minutes after the session to pack
up all of the training materials.
Our trainers have been fully vaccinated with the COVID-19 Vaccine and will wear a mask during the training session that allows participants to still see their faces.
The cost includes setup, breakdown, and travel costs.
» Maximum of 40 Participants
$4,982.00 $4,982.00
Specialized DEI Training - Live In-person - EMT Deep
Dive Specialized Training Session
This is a highly customized DEI training that reflects the needs and starting points of your team based on results from the service planning meetings and the Discussion Meetings with the DEIB and Executive Teams. This service takes an existing DEI or Real Talk About Racism training and adds specialized modules to the training based on your needs.
Live Training Logistics
This session is LIVE, meaning that it willtake place at your site The session is 3 hours long.
There will be one short break included in the session.
This session will include small group breakout sessions.
Our team will arrive up to 1 hour early to set up the sessions.
Our team will stay 30 minutes after the session to pack up all of the training materials.
Our trainers have been fully vaccinated with the COVID-19 Vaccine and willwear a mask during the training session that allows participants to still see their faces.
The cost includes setup, breakdown, and travel costs.
Logistics
This includes a Deep Dive Specialized Training Session
for Executive Management Team. This session is 3 hours
long and has a maximum of 40 people.
Specific topics to be determined.
$4,982.00
Tax
Total
$4,982.00
$0.00
$19,760.00
Scope of Work - Phase 2
Name
Specialized DEI Training - Live In-person (Staff
Trainings - Topic TBD) + EMT Deep Dive Specialized
Training Session
This is a highly customized DEI training that reflects the needs and starting points of your team based on results from the service planning meetings and the Discussion Meetings with the DEIB and Executive Teams. This service takes an existing DEI or Real Talk About Racism training and adds specialized modules to the training based on your needs.
Live Training Logistics
This session is LIVE, meaning that it willtake place at your site The session is 3 hours long.
There will be one short break included in the session.
This session will include small group breakout sessions.
Our team will arrive up to 1 hour early to set up the sessions.
Our team will stay 30 minutes after the session to pack up all of the training materials.
Our trainers have been fully vaccinated with the COVID-19 Vaccine and will wear a mask during the training session that allows participants to still see their faces.
The cost includes setup, breakdown, and travel costs.
Logistics
• 3 hours long per session.
Maximum 40 participants per session = 700 ~
Employees = 19 sessions. (We include a few
additional to account for turn over and new hires)
• Topics will be decided with the help of the DEIB
Working Group and E-Team.
• This also includes a Deep Dive Specialized Training
Session for Executive Management Team. This
session is 3 hours long and has a maximum of 40
people.
Make-up Sessions - 3 hours - Live In-person
These are make-up sessions for employees who were not able to attend the first sessions. We recommend 3 make-up sessions that are spread out to allow for higher participation.
Price
$4,982.00
$4,982.00
QTY Subtotal
20 $99,640.00
$14,946.00
Tax
Total
$0.00
$114,586.00
Summary Of Next Steps
All of the proposed support steps are included in the proposed cost above.
1. Negotiate Services & Costs
2. Sign Service Agreement
3. Finalize Logistics & Preparation of Services
4. Customize Your Services
5. Begin Implementing Your Services
6. Evaluate Services and Discuss Next Steps
Some Of Our Satisfied Clients
( ITY OF OAKLAND
City of Oakland
Fremont Unified
School Disctrict
HAYWARD
City of Hayward
Fremont
City of Fremont
Human Services &
Police Department
ISan Josb
Unified
San Jose Unified
School District
OAKLAND
Oakland Metropolitan
Chamber of
Commerce
City of San Francisco
Adult Probation
Department
^cuit^^
Hayward Unified
School District
City of Union City
klTctK« Memos**}
Jefferson Elementary
School District
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readingpartnersthe university
of Arizona
University of Arizona Reading Partners
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Municipal Management
Association of
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University of California
San Francisco
University of California
San Francisco
University of
California, Berkeley
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ALTERNATIVES
Salesforce Capital One
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Fremont
City of Fremont
Presence Product
Group
learn. Graduate. Give Back.
Accenture
T R I LOG V
Trilogy Interactive
Apple
Zendrive
PYATOK
architecture - urban design
Pyatok
PORT OF OAKLAND
Grid Alternatives
Elevate
Security
Elevate Security
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Stanford
University
Port Of Oakland Stanford University
DocuSign Envelope ID: 0965C026-167A-446C-9D35-9E327A607115 a.core> CERTIFICATE OF LIABILITY INSURANCE
DATE (MMrDD/YYYY)
02/07/2024
THIS CERTIFICATEISISSUED ASA MATTER OF INFORMATIONONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATEHOLDER.THIS CERTIFICATEDOES NOT AFFIRMATIVELYOR NEGATIVELYAMEND, EXTEND OR ALTER THE COVERAGEAFFORDED BYTHE POLICIESBELOW. THIS CERTIFICATEOF INSURANCE DOES NOT CONSTITUTEA CONTRACTBETWEENTHE ISSUING INSURER(S),AUTHORIZEDREPRESENTATIVEORPRODUCER,AND THE CERTIFICATEHOLDER.
IMPORTANT: Ifthe certificateholderis anADDITIONALINSURED,the policy(ies)must haveADDITIONALINSURED provisionsor be endorsed. IfSUBROGATIONIS WAIVED, subjectto the termsandconditionsofthe policy,certainpoliciesmay requirean endorsement.Astatementon thiscertificatedoes notconferrightsto the certificateholder in lieu of such endorsement(s).
PRODUCER
CS&S/PROGRESSIVE ADVANTAGEAGCY INC.
PO BOX 958489
LAKE MARY, FL 32746-8989
Phone - 877-724-2669
Fax-877-763-5122
INSURED
CIRCLEUP EDUCATION
400 ROLAND WAY STE 250
OAKLAND, CA 94621-2012
COVERAGES CERTIFICATE NUMBER:
CONTACT
NAME:
PHONE
(A/C, No, Exl):
E-MAIL
ADDRESS:
FAX
(A/C, No):
INSURER(S) AFFORDING COVERAGE
insurer a : Valley Forge Insurance Company
insurer b : Transportation Insurance Company
insurer e: American Casualty Company of Reading, Pennsylvania REVISION NUMBER:
NAIC»
20508
20494
20427
THIS IS TOCERTIFYTHAT THEPOLICIESOF INSURANCELISTED BELOW HAVE BEEN ISSUEDTO THEINSURED NAMED ABOVE FORTHE POLICY PERIOD INDICATED NOTWITHSTANDING
ANY REQUIREMENT,TERM OR CONDITIONOF ANY CONTRACTOR OTHER DOCUMENTWITH RESPECTTO WHICH THISCERTIFICATEMAY BE ISSUEDOR MAY PERTAIN THEINSURANCE AFFOROEDBYTHE POLICIESDESCRIBEDHEREIN IS SUBJECT TOALL THETERMS, EXCLUSIONSANDCONDITIONSOF SUCH POLICIES.LIMITS SHOWNMAY HAVE BEENREDUCED BYPAID CLAIMS.
INSR
LTR TYPE OF INSURANCE
AODL
INSD
SUBR
WVD POLICY NUMBER
POLICY Eff
(MMIDDfYYYY)
POLICY EXP
(MM/OD/YYYY) LIMITS
A
X COMMERCIAL GEI JERAL LIABILITY
[Xj OCCUR
Y Y 6025019386 11/08/2023 11/08/2024
EACH OCCURRENCE S 2,000,000
"JCLAIMS-MADE DAMAGE TO RENTED
PREMISES (Ea occurrence) S 1,000,000
MED EXP (Any one person) S 10,000
PERSONAL S AOV INJURY S 2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER:
i _..i ipro. rca _ GENERAL AGGREGATE S 4,000,000
POLICY LJjECT [AjLOC
OTHER
PRODUCTS - COMP/OP AGG S 4,000,000
t
B
AUTOMOBILE LIABILITY
N N 7038428237 06/23/2023 06/23/2024
COMBINED SINGLE LIMIT
(Ea accident) % 1,000,000
X ANY AUTO BODILY INJURY (Per person) $
OWNED
AUTOS ONLY
HIRED
AUTOS ONLY
X
SCHEDULED
AUTOS
NON-OWNED
AUTOS ONLY
BODILY INJURY (Per accident) s
PROPERTY DAMAGE
(Per accidenl) $
—I I
s
UMBRELLA LIAB
EXCESS LIAB
OCCUR
CLAIMS-MADE
EACH OCCURRENCE s
AGGREGATE s
ded| 1RETENTIONS s
E
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N
OFFICER/MEMBER EXCLUDED? 1 1
(MandatoryIn NH) | |
If yes. describe under
DESCRIPTION OF OPERATIONS below
N N 6025019405 11/08/2023 11/08/2024
X
PER
STATUTE
OTH
ER
E.L EACH ACCIDENT % 1,000,000
E.L. DISEASE - EA EMPLOYEE $ 1,000,000
E.L DISEASE - POLICY LIMIT $ 1,000,000
A
Miscellaneous Professional
Liability
Y Y 6025019386 11/08/2023 11/08/2024
Limit
Retention
$1,000,000
$1,000,000
$2,500
DESCRIPTIONOF OPERATIONS/ LOCATIONS(VEHICLES (ACORD101.AdditionalRemarks Schedule, may be attached ifmore space is required) The City of Alameda, its city council, boards and commissions, Officers, employees and volunteers are added as an additional insured for work done on their behalf by the Named Insured as provided in the blanket additional insured endorsement as it pertains to work being performed by the named insured under written contract. Waiver of Subrogation in favor of Certificate holder for GeneralLiabilityand WorkersCompensation.30Day Notice ofCancellationexcept10days nonpayment. J /)a -j_J>v| 0k p^ *~
CERTIFICATE HOLDER CANCELLATION
The City of Alameda
2263 Santa Clara Ave
Alameda, CA 94501
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
©1988-2015 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
DocuSign Envelope ID: 0965C026-167A-446C-9D35-9E327A607115 CAfA
Workers Compensation And Employers Liability Insurance
Policy Endorsement
I
BLANKET WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS
This endorsement changes the policy to which it is attached.
It is agreed that Part One - Workers' Compensation Insurance G. Recovery From Others and Part Two - Employers' Liability Insurance H. Recovery From Others are amended by adding the following:
We will not enforce our right to recover against persons or organizations. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) PREMIUM CHARGE - Refer to the Schedule of Operations
The charge will be an amount to which you and we agree that is a percentage of the total standard premium for California exposure. The amount is 2%.
All other terms and conditions of the policy remain unchanged.
This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective Date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy unless another expiration date is shown below.
Form No: G-19160-B (11-1997)
Endorsement Effective Date:
Endorsement No: 4; Page: 1 of 1
Underwriting Company: American Casualty Company of Reading, Pennsylvania, 151 N Franklin St, Chicago, IL 60606
Endorsement Expiration Date:
Copyright CNA All Rights Reserved.
Policy No: WC 6 25019405
Policy Effective Date: 11/08/2023
Policy Page: 36 of 51
DocuSign Envelope ID: 0965C026-167A-446C-9D35-9E327A607115 OVA
SB146932G
(Ed. 10-19)
BLANKET ADDITIONAL INSURED AND LIABILITY EXTENSION ENDORSEMENT Thisendorsement modifiesinsurance providedunder thefollowing:
BUSINESSOWNERS LIABILITY COVERAGE FORM
BUSINESSOWNERS COMMON POLICY CONDITIONS
TABLE OF CONTENTS
I. Blanket Additional Insured Provisions
A. Additional Insured - Blanket Vendors
B. Miscellaneous Additional Insureds
C. Additional Provisions Pertinent to Additional Insured Coverage i.a. Primary - Noncontributory provision
1.b. Definition of "written contract"
2, Additional Insured - Extended Coverage
II. Liability Extension Coverages
A. Bodily Injury - Expanded Definition
B. Broad Knowledge of Occurrence
C. Estates, Legal Representatives and Spouses
D. Fellow Employee First Aid
E. Legal Liability - Damage to Premises
F. Personal and Advertising Injury- Discrimination or Humiliation G. Personal and Advertising Injury - Broadened Eviction H. Waiver of Subrogation -Blanket
I. BLANKET ADDITIONAL INSURED PROVISIONS
A. ADDITIONAL INSURED - BLANKET VENDORS
Who Is An Insured is amended to includeas an additionalinsured any person or organization(referredto below as vendor) with whom you agreed under a "written contract" to provide insurance, but on(y with respect to "bodily injury"or "property damage" arising out of "your products" which are distributedor sold in the regular course ofthe vendor'sbusiness, subjectto thefollowingadditionalexclusions:
1. The insurance afforded the vendor does not apply to:
a. "Bodily injury"or"propertydamage" forwhich the vendoris obligatedto pay damages by reason of the assumption of liabilityin a contract or agreement. This exclusiondoes not £pply to liabilityfor damages that the vendor wouldhave inthe absence of the contract or agreement; b. Anyexpress warranty unauthorized by you;
c. Any physical or chemical change in the product made intentionallyby the vendor; d. Repackaging,exceptwhen unpackedsolelyforthe purposeof inspection,demonstration,testing,or the substitutionof parts under instructionsfrom the manufacturer,and then repackaged in the original container;
e. Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection withthe distributionor sale of the products;
f. Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; g. Products which, after distributionor sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or SB146932G (10-19) Page 1 of 7
Copyright, CNA All Rights Reserved.
DocuSign Envelope ID: 0965C026-167A-446C-9D35-9E327A607115 SB146932G
(Ed, 10-19)
h. "Bodilyinjury"or"propertydamage"arisingoutofthe solenegligenceofthe vendorfor itsown acts or omissionsorthoseofits employeesoranyoneelseactingon itsbehalf. However,thisexclusiondoes not apply to:
(1) The exceptionscontainedin Subparagraphsd. orf.; or
(2) Such inspections,adjustments,tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distributionor sale of the products.
2. This insurancedoes notapply to any insured person or organization,from whom you have acquiredsuch products,or anyingredient,partor container,enteringinto,accompanyingor containingsuch products.
3. This provision2. does notapplyto any vendorincludedas an insuredbyan endorsementissued by us and made a part of this Policy.
4. This provision2. does not apply if "bodily injury" or "propertydamage" included within the "products- completed operations hazard"is excludedeitherbythe provisionsofthe Policyor byendorsement.
B. MISCELLANEOUS ADDITIONAL INSUREDS
1. Who Is An Insured is amended to include as an insured any person or organization(called additional insured) describedin paragraphs3.a. through 3.j. below whom you are required to add as an additional insured on this policyunder a "written contract."
2. However,subjectalwaysto the termsandconditionsofthis policy,includingthe limitsof insurance,we will notprovidethe additionalinsuredwith:
a. Ahigherlimitofinsurancethan requiredby such ^tten contract;" b. Coveragebroaderthan requiredby such"writtencontract*and in no eventgreaterthan thatdescribed bythe applicableparagraph a. throughk. below;or
c. Coverage for "bodily injury" or "property damage" included within the "products-completed operations hazard."But this paragraphc, does not apply to the extent coveragefor such liability is providedby paragraph 3.j. below.
Any coveragegrantedbythis endorsementshall applyonlyto the extentpermittedby law.
3. Onlythe followingpersonsor organizationscan qualityas additionalinsuredsunderthis endorsement:
a. Controlling Interest
Any personsororganizationswitha controllinginterestinyou butonlywith respectto theirliabilityarising out of:
(1) such person or organization'sfinancialcontrolof you; or (2) Premises such person ororganizationowns, maintainsor controlswhileyou lease or occupythese premises;
providedthat the coverage granted to suchadditionalinsureds does not applyto structuralalterations, newconstructionor demolitionoperationsperformedbyor forsuch additionalinsured. b. Co-owner of Insured Premises
Aco-ownerofa premisesco-ownedbyyouand coveredunderthis insurancebutonly with respectto the co-ownersliabilityfor "bodily injury,""property damage" or "personal and advertising injury"as co- owner of such premises.
c. Grantor of Franchise
Any person or organizationthat has granted a franchise toyou, but onlywith respect to such person or organization'sliabilityfor"bodily injury,""property damage," or"personal and advertising injury"as grantor of a franchise to you.
SB146932G(10-19) Page 2 of7
Copyright,CNA All Rights Reserved,
DocuSIgnEnvelope ID: 0965C026-167A-446C-9D35-9E327A607115 SB146932G
(Ed. 10-19)
d. Lessor of Equipment
Any person or organizationfrom whom you lease equipment,but only with respect to liabilityfor "bodily injury," "property damage" or "personal and advertising injury" caused in whole or in part by your maintenance, operation or use of such equipment, provided that the "occurrence" giving rise to such "bodily injury" or "property damage" or the offense giving rise to such "personal and advertising injury" takes place priorto the termination of such lease. e. Lessor of Land
Any person ororganizationfrom whom you lease land, butonlywith respectto liabilityfor"bodilyinjury," "property damage" or "personal and advertising injur/" arising outof the ownership,maintenance or use of that specific part of the land leased to you, provided that the "occurrence" giving rise to such "bodily injury" or "property damage" or the offense giving rise to such "personal arid advertising injury,"takes place priorto theterminationofsuch lease. The insuranceherebyaffordedto the additional insured does not applyto structuralalterations,new constructionor demolitionoperations performedby, on behalf of or for such additional insured.
f. Lessor of Premises
An owner or lessor ofpremisesleased to you, or such owneror lessor's real estate manager, but only with respect to liabilityfor "bodily injury,""property damage" or "personal and advertising injury" arising out of the ownership, maintenanceor use of such part of the premises leased to you, and providedthat the"occurrence"giving rise to such"bodilyinjury"or"property damage"or the offense giving rise to such"personaland advertisinginjury,"takes placepriorto theterminationof such lease.
The insurancehereby afforded to the additionalinsured does not apply to structuralalterations,new constructionor demolitionoperationsperformedby,on behalfof or forsuch additionalinsured. g. Mortgagee, Assignee or Receiver
A mortgagee,assigneeor receiverof premisesbut only with respedtto such mortgagee,assignee,or receiver'sliabilityfor "bodily injury,""propertydarriage"or "personalarid advertisinginjury" arising outofthe ownership,maintenance,or use ofa premisesbyyou.
This insurance does not apply to structural alterations, new construction or demolition operations performed by, on behalf of or for such additional insured. h. State or Political Subdivisions
A state or government agency or subdivision or political subdivision that has issued a permit or authorization,but only with respectto such governmentagencyorsubdivisionorpoliticalsubdivision's liabilityfor "bodilyinjury,""propertydamage"or "personaland advertisingInjury"arisingout of:
(1) The following hazards in connection with premises you own, rent, or control and to which this insurance applies:
(a) The existence, maintenance, repair, construction,erection, or removal of advertising signs, awnings, canopies,cellar entrances,coal holes, driveways, manholes, marquees, hoistaway openings,sidewalkvaults,streetbanners,ordecorationsandsimilarexposures;or (b) Theconstruction,erection,or removalofelevators;or
(c) The ownership,maintenanceoruseof any elevatorscoveredbythisinsurance;or (2) The permittedorauthorizedoperationsperformedby you oron yourbehalf.But the coveragegranted bythis paragraphdoes notapplyto:
(a) "Bodily injury", "property damage" or "personal and advertising injury" arising out of operationsperformedfor thestate or governmentagencyorsubdivisionor politicalsubdivision; or
(b) "Bodily injury" or "propertydamage" included within the "products-completedoperations hazard."
With respect to this provision'srequirementthat additionalinsured status must be requested under a "writtencontract,"we will treatas a"writtencontract"any governmentalpermitthat requiresyou toadd the governmentalentityas an additionalinsured.
SB146932G(10-19) Page3of 7
Copyright.CNA AllRights Reserved.
DocuSIgn Envelope ID: 0965C026-167A-446C-9D35-9E327A607115 i. Trade Show Event Lessor
SB146932G
(Ed. 10-19)
With respect to your participation in a trade show event as an exhibitor, presenter or displayer, any person ororganizationwhomyou are requiredto includeas an additionalinsured, but onlywith respect to such person or organization's liability for "bodily injury," "property damage," or "personal arid advertising injury" caused by:
a. Your acts or omissions; or
b. Acts or omissions of those acting on your behalf;
inthe performanceofyourongoingoperationsat the tradeshowpremisesduringthetrade showevent. j. Other Person or Organization
Any personororganizationwho is not an additionalinsuredunder paragraphsa. throughI. above. Such additional insured is an insured solely for "bodily injury," "property damage" or "personal and advertising injury"forwhichsuch additionalinsuredis liablebecause ofyouracts or omissions.
The coveragegrantedbythis paragraphdoes notapplyto any personor organization:
(1) For "bodily injury,""propertydamage," or "personaland advertisinginjury" arising out of the renderingorfailureto renderany professionalservices;
(2) For "bodily injury" or "property damage" included in the "products-completedoperations hazard."Butthis provision(2) doesnotapplyto such"bodilyinjury"or "propertydamage"if:
(a) It is entirelydue to your negligenceand specificallyresults from your work for the additional insuredwhich is the subjectto the"writtencontract";and
(b) The "writtencontract"requiresyou to make the personororganizationanadditionalinsuredfor such "bodily injury" or "property damage"; or
(3) Who isaffordedadditionalinsuredcoverageunderanotherendorsementattachedto this policy.
ADDITIONALPROVISIONS PERTINENTTO ADDITIONALINSURED COVERAGE
1. With respectonlyto additionalinsuredcoverageprovidedunderparagraphsA. and B. above:
a. The BUSINESSOWNERSCOMMON POLICY CONDITIONSare amendedto add the followingto the Condition entitled Other Insurance:
This insurance is excess of all other insuranceavailable to an additional insured whether primary, excess,contingentor on any otherbasis.However,if a"writtencontract"requiresthatthis insurancebe either primaryor primaryand noncontributing,then this insurancewill be primaryand non-contributory relativesolelytoinsuranceon whichtheadditionalinsuredisa named insured. b. UnderLiabilityand MedicalExpenseDefinitions,the followingdefinitionisadded:
'Written contract" means a written contract or agreement that requires you to make a person or organizationanadditionalinsuredon this policy,providedthe contractor agreement:
(1) Is currentlyin effectorbecomeseffectiveduringthe term ofthispolicy;and (2) Was executed priorto:
(a) The"bodilyinjury"or"propertydamage;"or
(b) The offensethatcausedthe"personaland advertisinginjury"; for which the additional insured seeks coverage.
2. With respectto any additionalinsuredadded by this endorsementor by any otherendorsementattachedtothis CoveragePart,the sectionentitledWho Is An Insuredis amendedto makethe followingnaturalpersons insureds.
If the additional insured is:
a. An individual,then hisorher spouseis aninsured;
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b. A partnership or joint venture, then its partners, members and their spouses are insureds; c. A limitedliabilitycompany, then its members and managers are insureds; d. An organization other than a partnership, joint venture or limited liability company, then its executive officers, directors and shareholders are insureds; or
e. Anytype of entity,then its employees are insureds;
but onlywith respect to locationsand operations covered by the additionalinsured endorsement's provisions, and only with respect to their respective roles within their organizations. Furthermore, employees of additionalinsuredsare not insuredswith respect to liabilityarisingout of:
(1) "Bodily injury"or "personal and advertising injury" to any fellow employeeor to any natural person listed in paragraphs a. through d. above;
(2) "Propertydamage"to propertyowned,occupiedor used bytheiremployeror byanyfellowemployee;or (3) Providingor failingto provideprofessionalhealth care services.
II. LIABILITY EXTENSION COVERAGES
It is understoodand agreed thatthis endorsementamends the BusinessownersLiabilityCoverage Form. If any otherendorsementattachedto thispolicyamends anyprovisionalso amended by thisendorsement,then that other endorsementcontrolswith respecttosuch provision,and the changesmade by this endorsementtosuch provisiondo not apply.
A. Bodily injury - Expanded Definition
Under Liabilityand Medical ExpensesDefinitions,the definitionof"Bodilyinjury"is deletedand replacedby the following:
"Bodilyinjury"means physicalinjury, sicknessordiseasesustainedby a person, includingdeath, humiliation, shock,mentalanguishormentalinjuryby thatpersonat any time which resultsas a consequenceofthe physical injury,sickness or disease.
B. Broad Knowledge of Occurrence
Under BusinessownersLiabilityConditions,the Conditionentitled Duties In The Event ofOccurrence,Offense, ClaimorSuitis amendedto add thefollowing:
Paragraphsa. and b. above apply to you or toany additionalinsured only when such "occurrence,"offense, claim or "suit" is known to:
§ (1) You orany additionalinsuredthatisan individual;
I (2) Any partner,ifyou oranadditionalinsuredis a partnership; I (3) Any manager,if you oran additionalinsuredis alimitedliabilitycompany; § (4) Any"executiveofficer"orinsurancemanager,if you oran additionalinsuredisa corporation; (5) Any trustee,ifyou oran additionalinsuredis a trust;or (6) Any electedor appointedofficial,if you or an additionalinsuredis a politicalsubdivisionor publicentity.
This paragraphappliesseparatelytoyou and anyadditionalinsured, C. Estates, Legal Representatives and Spouses
The estates,heirs, legal representativesand spousesofany natural person insuredshall also be insured under this policy;provided,however,coverageis affordedto suchestates,heirs,legal representativesand spousesonly for claims arising solely out of their capacityas such and, in the case ofa spouse, where such claim seeks damagesfrom marital common property,jointlyheld property,orpropertytransferredfrom such natural person insured to such spouse. No coverage is provided for any act, error or omission of an estate, heir, legal representativeorspouseoutsidethe scopeof such person'scapacityas such, providedhoweverthat the spouse of a natural person Named Insured and the spouses of members or partners of joint venture or partnership Named Insuredsare insuredswith respectto suchspouses' acts, errorsoromissionsinthe conductofthe Named Insured's business.
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Fellow Employee First Aid Coverage
In the section entitled Who Is An Insured, paragraph2.a.1. is amended to add the following:
The limitationsdescribed in subparagraphs2.a.1.(a),(b) and (c) do not apply to your "employees" for "bodily injury"that results from providingcardiopulmonaryresuscitationor otherfirst aid services to aco-"employee"or "volunteer worker" that becomes necessary while your "employee" is performingduties in the conduct of your business. Your "employees" are hereby insureds for such services. But the insured status conferred by this provisiondoes not applyto "employees" whose duties in your business are to provide professionalhealth care services or health examinations.
Legal Liability - Damage To Premises
1. Under B. Exclusions, 1. Applicable to Business LiabilityCoverage, Exclusionk. Damage To Property, is replaced by the following:
k. Damage To Property
"Property damage" to:
1. Propertyyou own, rent or occupy, including any costs or expenses incurred by you, or anyother person, organizationorentity, for repair, replacement,enhancement,restorationor maintenanceof such property for any reason, including preventionof injury to a person or damage to another's property;
2. Premisesyou sell, give away orabandon,ifthe "propertydamage"arisesoutof any part ofthose premises;
3. Propertyloaned to you;
4. Personalpropertyinthe care, custodyorcontrolofthe insured;
5. That particularpart of any real propertyon which you orany contractorsorsubcontractorsworking directlyor indirectlyin your behalfare performingoperations,ifthe "propertydamage"arisesout of those operations; or
6. That particularpart of any propertythat mustbe restored,repairedor replacedbecause"yourwork" was incorrectlyperformedon it.
Paragraph2ofthis exclusiondoes not apply if the premisesare "yourwork" and were neveroccupied, rented or held forrentalby you.
Paragraphs1,3,and 4, of this exclusiondo not applyto "propertydamage"(otherthan damage by fire or explosion) to premises:
(1) rented to you:
(2) temporarilyoccupiedby youwiththe permissionofthe owner,or (3) tothe contentsofpremisesrentedto you for a periodof7 or fewer consecutivedays, Aseparatelimitofinsuranceappliesto DamageTo PremisesRentedTo You as describedin SectionD- LiabilityandMedical ExpensesLimitsof Insurance.
Paragraphs3,4,5,and 6ofthisexclusiondo not applyto liabilityassumedunderasidetrackagreement.
Paragraph 6 of this exclusion does not apply to "property damage" included in the "products- completed operations hazard."
2. UnderB. Exclusions,1.Applicableto BusinessLiabilityCoverage,the followingparagraphis added, and replaces the similar paragraph, if any, beneath paragraph (14) ofthe exclusion entitled Personal and Advertising Injury:
Exclusionsc,d,e, f, g, h,i,k, I, m,n,and o,do not applytodamagebyfire to premiseswhilerentedtoyou or temporarilyoccupiedby you with permissionofthe ownerorto the contentsofpremisesrentedto you for aperiod of 7or fewer consecutivedays. Aseparatelimitof insuranceappliesto this coverageas describedin Section D. LiabilityAnd MedicalExpenses LimitsOf Insurance.
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3, The first Paragraph under item 5. Damage To Premises Rented To You Limit of the section entitled LiabilityAnd MedicalExpenses LimitsOfInsuranceis replacedbythe following:
The most we will pay under BusinessLiability for damages because of "property damage" to any one premises,while rented to you or temporarilyoccupied by you with the permissionof the owner-including contentsof such premises rented to you for a period of 7 or fewer consecutivedays, is the Damage to PremisesRentedtoYou Limit. The DamagetoPremisesRentedtoYou Limitis the greaterof:
a. $1,000,000; or
b. The Damage to Premises Rented to You Limitshown in theDeclarations.
F. Personaland AdvertisingInjury- Discriminationor Humiliation
1. Under Liabilityand Medical Expenses Definitions,the definitionof"personaland advertisinginjury" is ., amended to add thefollowing:
h. Discriminationorhumiliationthatresultsininjurytothe feelingsor reputationofa naturalperson,butonly if such discrimination or humiliation is:
(1) Notdone intentionallybyor at thedirectionof:
(a) The insured;or
(b) Any "executiveofficer,"director,stockholder,partner,memberor manager(if you are a limited liabilitycompany) of the insured; and
(2) Not directlyor indirectlyrelated to the employment,prospectiveemployment,past employmentor terminationofemploymentofany person or personbyany insured.
2. Under B. Exclusions, 1. Applicable to Business LiabilityCoverage, the exclusionentitled Personal and Advertising Injuryis amended toadd the followingadditionalexclusions:
(15)DiscriminationRelatingto Room, Dwellingor Premises
Causedby discriminationdirectlyor indirectlyrelatedtothesale, rental,lease orsub-leaseor prospective sale, rental,lease orsub-leaseofany room, dwellingorpremisesbyorat thedirectionofanyinsured. (16)Employment Related Discrimination
Discriminationor humiliationdirectlyor indirectlyrelated to the employment,prospectiveemployment, pastemploymentorterminationofemploymentofany personbyanyinsured. g (17)Fines or Penalties
Finesor penaltiesleviedorimposedbya governmentalentitybecauseof discrimination.
3. This provision (Personal and Advertising Injury - Discriminationor Humiliation) does not apply if Personal and Advertising Injury Liability is excluded either by the provisions of the Policy or by endorsement
G. Personal and Advertising Injury- Broadened Eviction
Under Liabilityand Medical Expenses Definitions,the definition of "Personal and advertisinginjury" is amendedtodeleteParagraphc. andreplaceitwith thefollowing:
c. The wrongful eviction from, wrongful entry into, or invasion of the right of private occupancyof a room dwellingor premisesthata personororganizationoccupiescommittedbyoron behalfofits owner, landlord or lessor.
= H. Waiver of Subrogation - Blanket
III We waiveany rightof recoverywe may have against:
^= a. Any personor organizationwith whom youhavea writtencontractthatrequiressuch a waiver. SB All othertermsandconditionsofthe Policyremain unchanged.
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