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SERVICE PROVIDER AGREEMENT
This SERVICE PROV IDER AGREEMENT (“Agreement”) is entered into this ___ day of _________, 2026 (“Effective Date”), by and between the CITY OF ALAMEDA, a municipal corporation (“the Cit y”), and CHRIST EPISCOPAL CHURCH ALAMEDA, a California corporation, whose address is 1700 SANTA CLARA AVENUE, ALAM EDA, CA 94501 (“P
rovider”):
RECITALS
A. The City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its busines s as it is now being conducted under the statutes of the State of California and the Charter of the City.
B. T he City is in need of the following services: Wint er Warming Services. With the written
approval of the City Manager, City staff selected the service provider on a sole s ource basis because of their previous experience and skill in providing winter warmi ng services to the unhoused and Provider has contracted with Episcopal Community Services of San Francis co to pr
ovide the services.
C. Pr ovider and its cont ractor, Episcopal Community Service s of San Francisco, possesses the skill, experience, ability, background, certification and knowledge to provide the s
ervices described in this Agreement on the terms and conditions desc ribed herein.
D. Whereas, the City Council authorized the City Manager to execute this agreement on October 6, 2026.
E. The City and Provider desi re to enter into an agreement for Winter Warmi ng Ser
vices, upon the terms and conditions here in.
NOW, THEREFORE, in consideration of the mutual covenants and conditions contained herein, and for good and valuable consider ation, the receipt and adequacy of which are her e by acknowledged, the City and Provider agree as follows:
AGREEMENT
1. TERM:
The term of this Agreement shall commence on the 1st day of December 2026, and shall terminate on the 30th day of April 2027, unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED:
Provider agrees to do all necessary work at its own cost and expense, to furnish all labor, tools, equipment, materials, except as otherwise specified, and to do all necessary work included in Exhibit A as requested. Provider acknowledges that the work plan included in Exhibit A is tentative and does not commit the City to request Provider to perform all tasks included therein.
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3. COMPENSATION TO PROVIDER:
a. By the 10th day of each month, Provider shall submit to the City an invoice for the total amount of work done the previous month. Pricing and accounting of charges are to be according to the fee schedule as set forth in Exhibit B and incorporated herein by this reference.
Extra work must be approved in writing by the City Manager or their designee prior to performance and shall be paid on a Time and Material basis as set forth in Exhibit B. b. The total compensation for this Agreement shall not exceed $275,000. Use of contingency shall be for items of work outside the original scope and requires prior written authorization by the City.
4. TIME IS OF THE ESSENCE:
Provider and the City agree that time is of the essence regarding the performance of this Agreement.
5. STANDARD OF CARE:
Provider shall perform all services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Provider represents that it is skilled in the professional calling necessary to perform all services contracted for in this Agreement. Provider further represents that all of its employees and subcontractors shall have sufficient skill and experience to perform the duties assigned to them pursuant to and in furtherance of this Agreement. Provider further represents that it (and its employees and subcontractors) have all licenses, permits, qualifications, and approvals of whatever nature that are legally required to perform the services (including a City Business License, as needed); and that such licenses and approvals shall be maintained throughout the term of this Agreement. Provider shall perform (at its own cost and expense and without reimbursement from the City) any services necessary to correct errors or omissions which are caused by Provider’s failure to comply with the standard of care provided for herein. Any employee of the Provider or its sub-providers who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of any services under this Agreement, or a threat to the safety of persons or property (or any employee who fails or refuses to perform the services in a manner acceptable to the City) shall be promptly removed by the Provider and shall not be re-employed to perform any further services under this Agreement.
6. INDEPENDENT PARTIES:
Provider hereby declares that Provider is engaged as an independent business and Provider agrees to perform the services as an independent contractor. The manner and means of conducting the services and tasks are under the control of Provider except to the extent they are limited by statute, rule or regulation and the express terms of this Agreement. No civil service status or other right of employment shall be acquired by virtue of Provider’s services. None of the benefits provided by the City to its employees, including but not limited to unemployment insurance, workers’ compensation plans, vacation and sick leave, are available from the City to Provider, its employees or agents. Deductions shall not be made for any state or federal taxes, FICA payments, PERS payments, or other purposes normally associated with an employer-
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employee relationship from any compensation due to Provider. Payments of the above items, if required, are the responsibility of Provider. Any personnel performing the services under this Agreement on behalf of Provider shall also not be employees of City and shall at all times be under Provider’s exclusive direction and control.
7. IMMIGRATION REFORM AND CONTROL ACT (IRCA):
Provider assumes any and all responsibility for verifying the identity and employment authorization of all of its employees performing work hereunder, pursuant to all applicable IRCA or other federal, or state rules and regulations. Provider shall indemnify, defend (with counsel acceptable to the City) and hold harmless the City Indemnitees (as defined in Section 9, below) from and against any loss, damage, liability, costs or expenses arising from any noncompliance of this provision by Provider.
8. NON-DISCRIMINATION:
Consistent with the City’s policy and state and federal law that harassment and discrimination are unacceptable conduct, Provider and its employees, contractors, and agents shall not harass or discriminate against any job applicant, City employee, or any other person on the basis of any kind of any statutorily (federal, state or local) protected class, including but not limited to: race, religious creed, color, national origin, ancestry, disability (both mental and physical) including HIV and AIDS, medical condition (e.g. cancer), genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, pregnancy, political affiliation, military and veteran status or legitimate union activities. Such non- discrimination shall include but not be limited to all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, or termination.
Provider agrees that any violation of this provision shall constitute a material breach of this Agreement.
9. HOLD HARMLESS:
a. To the fullest extent permitted by law, Provider shall indemnify, defend (with counsel acceptable to the City) and hold harmless the City, its City Council, boards, commissions, officials, employees, agents and volunteers (“City Indemnitees”) from and against any and all loss, damages, liability, obligations, claims, suits, judgments, costs and expenses whatsoever, including reasonable attorney’s fees and costs of litigation (“Claims”), arising from or in any manner connected to Provider’s performance of its obligations under this Agreement or out of the operations conducted by Provider even if City Indemnitees are alleged to have been negligent. If the Claims filed against City Indemnitees allege negligence, recklessness or willful misconduct on the part of Provider, Provider shall have no right of reimbursement against Indemnitees for the costs of defense even if negligence, recklessness or willful misconduct is not found on the part of Provider. Provider shall not have any obligations to indemnify City Indemnitees if the loss or damage is found to have resulted solely from the negligence or the willful misconduct of City Indemnitees. The defense and indemnification obligations of this Agreement are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained in this Agreement.
b. As to Claims for professional liability only, Provider’s obligation to defend Indemnitees (as set forth above) is limited as provided in California Civil Code Section 2782.8.
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c. Provider’s obligation to indemnify, defend and hold harmless City Indemnitees shall expressly survive the expiration or early termination of this Agreement.
10. INSURANCE:
a. On or before the commencement of the terms of this Agreement, Provider shall furnish the City’s Risk Manager with certificates showing the type, amount, class of operations covered, effective dates and dates of expiration of insurance coverage in compliance with Sections 10.b. (1) through (3). The Certificate Holder should be The City of Alameda, 2263 Santa Clara, Ave., Alameda, CA 94501. Such certificates, which do not limit Provider’s indemnification, shall also contain substantially the following statement:
“Should any of the above insurance covered by this certificate be canceled or coverage reduced before the expiration date thereof, the insurer affording coverage shall provide thirty (30) days’ advance written notice to the City of Alameda. Attention: Risk Manager.”
Provider shall maintain in force at all times during the performance of this Agreement all appropriate coverage of insurance required by this Agreement with an insurance company licensed to offer insurance business in the State of California with a current A.M. Best’s rating of no less than A:VII or Standard & Poor’s Rating (if rated) of at least BBB unless otherwise acceptable to the City. Provider shall deliver updated insurance certificates to the City at the address described in Section 17.f. prior to the expiration of the existing insurance certificate for the duration of the term of Agreement. Endorsements naming the City, its City Council, boards, commissions, officials, employees, agents, and volunteers as additional insured shall be submitted with the insurance certificates.
_____________
Provider Initials
b. COVERAGE REQUIREMENTS:
Provider shall maintain insurance coverage and limits at least as broad as:
(1) Workers ’ Compensation:
Statutory coverage as required by the State of California, as well as a Waiver of Subrogation (Rights of Recovery) endorsement. (2) Liability:
Commercial general liability coverage in the following minimum limits:
Bodily Injury: $1,000,000 each occurrence
$2,000,000 aggregate - all other
Property Damage: $1,000,000 each occurrence
$2,000,000 aggregate
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If submitted, combined single limit policy with per occurrence limits in the amounts of $2,000,000 and aggregate limits in the amounts of $4,000,000 shall be considered equivalent to the required minimum limits shown above.
Provider shall also submit declarations and policy endorsements pages. The Additional Insured Endorsement shall include primary and non-contributory coverage at least as broad as the CG 2010.
(3) Professional Liability:
Professional liability insurance which includes coverage appropriate for the professional acts, errors and omissions of Provider’s profession and work hereunder, including, but not limited to, technology professional liability errors and omissions if the services being provided are technology-based, in the following minimum limits:
$1,000,000 each claim
As to commercial general liability and auto mobile liability insurance, such insurance shall provide that it constitutes primary insurance with respect to claims insured by such policy, and, except with respect to limits, that insurance applies separately to each insured against whom claim is made or suit is brought. Such insurance is not additional to or contributing with any other insurance carried by or for the benefit of the City. c. SUBROGATION WAIVER:
Provider hereby agrees to waive rights of subrogation that any insurer of Provider may acquire from Provider by virtue of the payment of any loss. Provider agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether the City has received a waiver of subrogation endorsement from the insurer.
The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by Provider, its employees, agents and subcontractors. d. FAILURE TO SECURE:
If Provider at any time during the term hereof should fail to secure or maintain the foregoing insurance, the City shall be permitted to obtain such insurance in Provider’s name or as an agent of Provider and shall be compensated by Provider for the costs of the insurance premiums at the maximum rate permitted by law and computed from the date written notice is received that the premiums have not been paid.
e. ADDITIONAL INSUREDS:
The City, its City Council, boards, commissions, officials, employees, agents, and volunteers shall be named as additional insured(s) under all insurance coverages, except workers’ compensation and professional liability insurance. The naming of an additional insured shall not affect any recovery to which such additional insured would be entitled under this policy if not named as such additional insured. An additional insured named herein shall not be held liable for any premium, deductible portion of any loss, or expense of any nature on this policy or any extension thereof. Any other insurance held by an additional insured shall not be required to
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contribute anything toward any loss or expense covered by the insurance provided by this policy.
The additional insured coverage under the Contractor’s policy shall be primary and non- contributory and shall not seek contribution from the City’s insurance or self-insurance. Any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be available to the additional insured(s). f. SUFFICIENCY OF INSURANCE:
The insurance limits required by the City are not represented as being sufficient to protect Provider. Provider is advised to consult Provider’s insurance broker to determine adequate coverage for Provider. The coverage and limits shall be (1) the minimum coverage and limits specified in this Agreement; or (2) the broader coverage and maximum limits of the coverage carried by or available to Provider; whichever is greater. g. EXCESS OR UMBRELLA LIABILITY:
If any Excess or Umbrella Liability policies are used to meet the limits of liability required by this Agreement, then said policies shall be true “following form” of the underlying policy coverage, terms, conditions, and provisions and shall meet all of the insurance requirements stated in this Agreement, including but not limited to, the additional insured, SIR, and primary insurance requirements stated therein. No insurance policies maintained by the City Indemnitees or Additional Insureds, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until all the primary and excess liability policies carried by or available to the Provider are exhausted. If a Provider is using an Excess Liability policy to supplement any insurance coverage required by this Agreement, they must submit the Excess Liability policy in full.
11. CONFLICT OF INTEREST:
Provider represents that it has no known relationships with third parties, City Council members, or employees of City which would 1) present a conflict of interest with the rendering of services under this agreement under Government Code Section 1090, the Political Reform Act (Government Code Section 81000 et seq.), or other applicable law; 2) prevent Provider from performing the terms of this Agreement; or 3) present a significant risk of disclosure of confidential information.
12. PROHIBITION AGAINST TRANSFERS:
a. Provider shall not assign, sublease, hypothecate, or transfer this Agreement, or any interest therein, directly or indirectly, by operation of law or otherwise, without prior written consent of the City Manager. Provider shall submit a written request for consent to transfer to the City Manager at least thirty (30) days in advance of the desired transfer. The City Manager or their designee may consent or reject such request in their sole and absolute discretion. Any attempt to do so without said consent shall be null and void, and any assignee, sublessee, hypothecate or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. However, claims for money against the City under this Agreement may be assigned by Provider to a bank, trust company or other financial institution without prior written consent.
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b. The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock, membership interest, partnership interest, or the equivalent, which shall result in changing the control of Provider, shall be construed as an assignment of this Agreement. Control means fifty percent or more of the voting power of Provider.
13. APPROVAL OF SUB-PROVIDERS:
a. Only those persons and/or businesses whose names and resumés are attached to this Agreement shall be used in the performance of this Agreement. However, if after the start of this Agreement, Provider wishes to use sub-providers, at no additional costs to the City, then Provider shall submit a written request for consent to add sub-providers including the names of the sub-providers and the reasons for the request to the City Manager at least five (5) days in advance. The City Manager may consent or reject such requests in their sole and absolute discretion.
b. Each sub-provider shall be required to furnish proof of workers’ compensation insurance and shall also be required to carry general, automobile and professional liability insurance (as applicable) in reasonable conformity to the insurance carried by Provider. c. In addition, any tasks or services performed by sub-providers shall be subject to each provision of this Agreement. Provider shall include the following language in their agreement with any sub-provider: “Sub-providers hired by Provider agree to be bound to Provider and the City in the same manner and to the same extent as Provider is bound to the City.”
d. The requirements in this Section 13 shall not apply to persons who are merely providing materials, supplies, data or information that Provider then analyzes and incorporates into its work product.
14. PERMITS AND LICENSES:
Provider, at its sole expense, shall obtain and maintain during the term of this Agreement, all appropriate permits, certificates and licenses, including a City business license that may be required in connection with the performance of the services and tasks hereunder.
15. REPORTS:
a. Each and every report, draft, work product, map, record and other document produced, prepared or caused to be prepared by Provider pursuant to or in connection with this Agreement shall be the exclusive property of the City.
b. No report, information or other data given to or prepared or assembled by Provider pursuant to this Agreement shall be made available to any individual or organization by Provider without prior approval of the City Manager or their designee. c. Provider shall, at such time and in such form as City Manager or their designee may require, furnish reports concerning the status of services and tasks required under this Agreement.
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16. RECORDS:
a. Generally, the City has the right to conduct audits of Provider’s financial, performance and compliance records maintained in connection with Provider’s operations and services performed under the Agreement. In the event of such audit, Provider agrees to provide the City with reasonable access to Provider’s employees and make all such financial (including annual financial statements signed by an independent CPA), performance and compliance records available to the City. City agrees to provide Provider an opportunity to discuss and respond to any findings before a final audit report is filed. b. Provider shall maintain complete and accurate records with respect to the services, tasks, work, documents and data in sufficient detail to permit an evaluation of Provider’s performance under the Agreement, as well as maintain books and records related to sales, costs, expenses, receipts and other such information required by the City that relate to the performance of the services and tasks under this Agreement (collectively the “Records”). c. All Records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Provider shall provide free access to the Records to the representatives of the City or its designees during regular business hours upon reasonable prior notice. The City has the right to examine and audit the Records, and to make copies or transcripts therefrom as necessary, and to allow inspection of all proceedings and activities related to this Agreement. Such Records, together with supporting documents, shall be kept separate from other documents and records and shall be maintained by Provider for a period of three (3) years after receipt of final payment. d. If supplemental examination or audit of the Records is necessary due to concerns raised by the City’s preliminary examination or audit of records, and the City’s supplemental examination or audit of the records discloses a failure to adhere to appropriate internal financial controls, or other breach of this Agreement or failure to act in good faith, then Provider shall reimburse the City for all reasonable costs and expenses associated with the supplemental examination or audit.
17. NOTICES:
a. All notices shall be in writing and delivered: (i) by hand; or (ii) sent by registered, express, or certified mail, with return receipt requested or with delivery confirmation requested from the U.S. postal service; or (iii) sent by overnight or same day courier service at the party’s respective address listed in this Section 17.
b. Each notice shall be deemed to have been received on the earlier to occur of:
actual delivery or the date on which delivery is refused; or three (3) days after notice is deposited in the U.S. mail or with a courier service in the manner described above (Sundays and City holidays excepted).
c. Either party may, at any time, change its notice address (other than to a post office box address) by giving the other party three (3) days prior written notice of the new address. d. All notices, demands, requests, or approvals from Provider to the City shall be addressed to the City at:
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City of Alameda
Housing and Human Services
950 W. Mall Square, Suite 205
Alameda, CA 94501
ATTENTION: C’Mone Falls
Ph: (510) 747-6883
e. All notices, demands, requests, or approvals from the City to Provider shall be addressed to Provider at:
Christ Episcopal Church Alameda
1700 Santa Clara Avenue
Alameda, CA 94501
ATTENTION: The Reverand Stephen McHale
Ph: (510) 523-7200
Email address: [email protected]
f. All updated insurance certificates from Provider to the City shall be addressed to the City at:
City of Alameda
Housing and Human Services
950 W. Mall Suare, Suite 205
Alameda, CA 94501
ATTENTION: Yasamin Obaidy/Administrative Technician
Ph: (510) 747-6898 / [email protected]
18. SAFETY:
a. Provider shall be solely and completely responsible for conditions of all vehicles owned or operated by Provider, including the safety of all persons and property during performance of the services and tasks under this Agreement. This requirement shall apply continuously and not be limited to normal working hours. In addition, Provider shall comply with all safety provisions in conformance with U.S. Department of Labor Occupational Safety and Health Act, any equivalent state law, and all other applicable federal, state, county and local laws, ordinances, codes, and any regulations that may be detailed in other parts of the Agreement. Where any of these are in conflict, the more stringent requirements shall be followed. Provider’s failure to thoroughly familiarize itself with the aforementioned safety provisions shall not relieve it from compliance with the obligations and penalties set forth herein. b. Provider shall immediately notify the City within 24 hours of any incident of death, serious personal injury or substantial property damage that occurs in connection with the performance of this Agreement. Provider shall promptly submit to the City a written report of all incidents that occur in connection with this Agreement. This report must include the following information: (i) name and address of injured or deceased person(s); (ii) name and address of Provider’s employee(s) involved in the incident; (iii) name and address of Provider’s liability insurance carrier; (iv) a detailed description of the incident; and (v) a police report.
19. TERMINATION:
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a. In the event Provider fails or refuses to perform any of the provisions hereof at the time and in the manner required hereunder, Provider shall be deemed in default in the performance of this Agreement. If such default is not cured within two (2) business days after receipt by Provider from the City of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the City may thereafter immediately terminate the Agreement forthwith by giving to Provider written notice thereof. b. The foregoing notwithstanding, the City shall have the option, at its sole discretion and without cause, of terminating this Agreement by giving seven (7) days’ prior written notice to Provider as provided herein.
c. Upon termination of this Agreement either for cause or for convenience, each party shall pay to the other party that portion of compensation specified in this Agreement that is earned and unpaid prior to the effective date of termination. The obligation of the parties under this Section 19(c) shall survive the expiration or early termination of this Agreement.
20. ATTORNEYS’ FEES:
In the event of any litigation, including administrative proceedings, relating to this Agreement, including but not limited to any action or suit by any party, assignee or beneficiary against any other party, beneficiary or assignee, to enforce, interpret or seek relief from any provision or obligation arising out of this Agreement, the parties and litigants shall bear their own attorney’s fees and costs. No party or litigant shall be entitled to recover any attorneys’ fees or costs from any other party or litigant, regardless of which party or litigant might prevail.
21. HEALTH AND SAFETY REQUIREMENTS.
Provider acknowledges and agrees that the City shall have the right to impose, at the City’s sole discretion, requirements that it deems are necessary to protect the health and safety of the City employees, residents, and visitors. Provider also acknowledges and agrees to make available to the City, at the City’s request, records to demonstrate Provider’s compliance with this Section.
22. COMPLIANCE WITH ALL APPLICABLE LAWS:
During the term of this Agreement, Provider shall keep fully informed of all existing and future state and federal laws and all municipal ordinances and regulations of the City of Alameda which affect the manner in which the services or tasks are to be performed by Provider, as well as all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same. Provider shall comply with all applicable laws, state and federal and all ordinances, rules and regulations enacted or issued by the City. Provider shall indemnify, defend (with counsel acceptable to the City) and hold harmless the City Indemnitees from any claim or liability arising out of any failure or alleged failure to comply with such laws and regulations pursuant to the indemnification provisions of this Agreement.
23. CONFLICT OF LAW:
This Agreement shall be interpreted under, and enforced by the laws of the State of California without regard to any choice of law rules which may direct the application of laws of another jurisdiction. The Agreement and obligations of the parties are subject to all valid laws,
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orders, rules, and regulations of the authorities having jurisdiction over this Agreement (or the successors of those authorities). Any suits brought pursuant to this Agreement shall be filed with the courts of the County of Alameda, State of California.
24. WAIVER:
A waiver by the City of any breach of any term, covenant, or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained herein, whether of the same or a different character.
25. INTEGRATED CONTRACT:
Subject to the language of Section 33, the Recitals and exhibits are a material part of this Agreement and are expressly incorporated herein. This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions hereof. Any modification of this Agreement shall be effective only by written execution signed by both the City and Provider.
26. PREVAILING WAGES:
Provider acknowledges the requirements of, and agrees to comply with, California Labor Code Section 1720, et seq., and 1770, et seq. as well as California Code of Regulations, Title 8, Section 1600, et seq., (“Prevailing Wage Laws”) which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects.
Provider agrees to fully comply with such Prevailing Wage Laws if the services are being performed as part of an applicable “public works” or “maintenance” project as defined by the Prevailing Wage Laws and if the total compensation is $1,000 or more. City, upon Provider’s request, shall provide Provider with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Provider shall make copies of the prevailing rates of per diem wages for each craft, classification, or type of worker needed to execute the services available to interested parties upon request; and shall post copies at the Provider’s principal place of business and at the project site. Provider shall indemnify, defend (with counsel acceptable to the City) and hold harmless the City Indemnitees from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
27. DEPARTMENT OF INDUSTRIAL RELATIONS COMPLIANCE AND
PREVAILING WAGE REQUIREMENTS ON PUBLIC WORKS PROJECTS:
a. For purposes of Sections 27 through 29 of this Agreement, the terms “claim”, “contractor”, “public works project” and “subcontractor” shall have the same meanings set forth in Public Contract Code Section 9204.
b. No contractor or subcontractor may be listed on a bid proposal for a public works project, nor engage in the performance of any public work contract, unless registered with the Department of Industrial Relations pursuant to Labor Code Section 1725.5 (with the limited exceptions for certain bids pursuant to Labor code Section 1771.1(a)). Registration instructions
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may be found at the following website: https://www.dir.ca.gov/Public-Works/Contractor- Registration.html
c. All contractors and subcontractors must furnish electronic certified payroll records directly to the Labor Commissioner at the following website:
https://www.dir.ca.gov/Public-Works/Certified-Payroll-Reporting.html
d. Contractor is required to post all job site notices as prescribed by State law. (See 8 Cal. Code Regs, § 16451(d).)
e. In executing this Agreement, Contractor acknowledges and agrees that the work authorized by this Agreement may be subject to compliance monitoring and enforcement by the Department of Industrial Relations.
28. REGISTRATION OF CONTRACTORS:
Before submitting bids for any work authorized by this Agreement, contractors shall be licensed in accordance with the provisions of Chapter 9, Division 3, of the Business and Professions Code of the State of California.
29. PUBLIC CONTRACT CODE SECTION 9204 SUMMARY:
Notwithstanding anything else to the contrary stated in the Information For Bidders (IFB) or other documents associated with this Agreement, all claims, regardless of dollar amount, submitted between January 1, 2017 and January 1, 2027 related to work performed or scheduled to be performed pursuant to this Agreement shall be governed by Public Contract Code Section 9204 and this section. The following provisions and procedures shall apply:
a. Contractor shall submit each Claim (whether for a time extension, payment for money or damages) in writing and in compliance with Public Contract Code Section 9204.
Contractor must include reasonable documentation to support each claim.
b. Upon receipt of a claim, the City shall conduct a reasonable review and respond in writing within 45 days of receipt and shall identify in a written statement what portions of the claim are disputed and undisputed. Undisputed portions of the claim shall be processed and paid within 60 days of the written statement. Undisputed amounts not paid in a timely manner shall bear interest at 7% per annum. The City and Contractor may mutually agree to extend the 45 day response time.
c. If the City needs approval from the City Council to provide a written statement, the 45 days may be extended to 3 days following the next duly noticed public meeting pursuant to Public Contract Code Section 9204(d)(1)(C).
d. If the City fails to timely respond to a claim or if Contractor disputes the City’s response, Contractor may submit a written demand for an informal meet and confer conference with the City to settle the issues in dispute. The demand must be sent via registered or certified
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mail, return receipt requested. Upon receipt, the City shall schedule the conference within 30 days.
e. Within 10 business days following the informal meet and confer conference, the City shall submit to Contractor a written statement describing any issues remaining in dispute and that portion which is undisputed. Undisputed portions of the claim shall be processed and paid within 60 days of the written statement. Undisputed amounts not paid in a timely manner shall bear interest at 7% per annum. The issues remaining in dispute shall be submitted to non- binding mediation. If the City and Contractor mutually agree on a mediator, each party shall pay equal portions of all associated costs. If within 10 business days, the City and Contractor cannot agree on a mediator, each party shall select a mediator (paying all costs associated with their selected mediator), and those mediators shall select a qualified neutral third party to mediate the disputed issues. The City and Contractor shall pay equal portions of all associated costs of such third party mediator.
f. Unless otherwise agreed by the City and Contractor, any mediation conducted hereunder shall excuse any further obligation under Public Contract Code Section 20104.4 to mediate after litigation has commenced.
g. The City reserves all rights and remedies that it has pursuant to this Agreement, any associated plans and specifications, or at law or in equity which are not in conflict with Public Contract Code 9204.
30. CAPTIONS:
The captions in this Agreement are for convenience only, are not a part of the Agreement and in no way affect, limit or amplify the terms or provisions of this Agreement.
31. COUNTERPARTS:
This Agreement may be executed in any number of counterparts (including by fax, PDF, DocuSign, or other electronic means), each of which shall be deemed an original, but all of which shall constitute one and the same instrument.
32. SIGNATORY:
By signing this Agreement, signatory warrants and represents that they executed this Agreement in their authorized capacity and that by their signature on this Agreement, they or the entity upon behalf of which they acted, executed this Agreement.
33. CONTROLLING AGREEMENT:
In the event of a conflict between the terms and conditions of this Agreement (as amended, supplemented, restated or otherwise modified from time to time) and any other terms and conditions wherever contained, including, without limitation, terms and conditions included within exhibits, the terms and conditions of this Agreement shall control and be primary.
34. NONDISCRIMINATION – FEDERAL REQUIREMENTS:
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a. Provider certifies and agrees that it shall not discriminate against any employee or applicant for employment because of race, color, religion, national origin, ancestry, sex, age, or condition or physical or mental handicap (as defined in 41 C.F.R. Section 60-741, et seq.), in accordance with requirement of state or federal law. Provider shall take affirmative action to ensure that qualified applicants are employed and that employees are treated during employment without regard to race, color, religion, national origin, ancestry, sex, age, or condition of physical or mental handicap in accordance with requirements of state and federal law. Such shall include, but not be limited to, the following:
A. Employment upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation.
B. Selection for training, including interns and apprentices. (i) Provider agrees to post in conspicuous places in each of Provider’s facilities providing services hereunder, available and open to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. (ii) Provider shall, in all solicitations or advertisements for employees placed by or on behalf of Provider, state that all qualified applicants shall receive consideration for employment without regard to race, color, religion, national origin, ancestry, sex, age, or condition of physical or mental handicap, in accordance with requirements of state and federal law.
(iii) Provider shall send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding a notice advising the labor union or workers’ representative of Provider’s commitments under this paragraph.
(iv) Provider certifies and agrees that it shall deal with its subcontractors, bidders, or vendors without regard to race, color, religion, national origin, ancestry, sex, age, or condition of physical or mental handicap, in accordance with requirement of state and federal law.
(v) In accordance with applicable state and federal law, Provider shall allow duly authorized county, state and federal representatives access to its employment records during regular business hours in order to verify compliance with the anti-discrimination provisions of this paragraph. Provider shall provide such other information and records as such representatives may require in order to verify compliance with the anti-discrimination provisions of this paragraph.
b. If the City finds that any of the provisions of this paragraph have been violated, the same shall constitute a material breach of Agreement upon which the City may determine to cancel, terminate, or suspend this Agreement. The City reserves the right to determine independently that the anti-discrimination provisions of this Agreement have been violated. In addition, a determination by the California Fair Employment Practices Commission or the Federal Equal Employment Opportunity Commission that Provider has violated state and federal
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anti-discrimination laws shall constitute a finding by the City that Provider has violated the anti- discrimination provisions of Agreement.
c. The parties agree that in the event Provider violates any of the anti-discrimination provisions of this paragraph, the City shall be entitled, at its option, to the sum of $500.00 pursuant to California Civil Code Section 1671 as liquidated damages in lieu of canceling, terminating, or suspending this Agreement.
d. Provider hereby agrees that it shall comply with Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. Section 794), all requirements imposed by the applicable regulations, and all guidelines and interpretations issued pursuant thereto, to the end that no qualified handicapped person shall, on the basis of handicap, be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination under any program or activity of Provider receiving Federal Financial Assistance. In addition, Provider shall comply with the Uniform Federal Accessibility Standards, and Provider, Engineer, or Architect responsible for any design, construction or alteration shall certify compliance with those Standards.
e. Provider’s attention is directed to laws, including but not limited to:
A. CIVIL RIGHTS/EQUAL OPPORTUNITY
(i) Civil Rights Act of 1964. Under Title VII of the Civil Rights Act of 1964, no person shall, on the grounds of race, sex, religion, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. (ii) Section 109 of the Housing and Community Development Act of 1974. No person in the United States shall, on the grounds of race, color, national origin, or sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds made available under this title.
(iii) Section 109 of the Act further provides that any prohibition against discrimination on the basis of age under the Age Discrimination Act of 1975 (42 U.S.C. 6101 et seq.) or with respect to an otherwise qualified handicapped individual as provided in Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) shall also apply to any program or activity funded in whole or in part with funds made available pursuant to the Act.
B. PROGRAM ACCESSIBILITY FOR INDIVIDUALS WITH
DISABILITIES
This Agreement is subject to laws and regulations concerning the rights of otherwise qualified individuals with handicaps for equal participation in, and benefit from federally assisted programs and activities, including but not limited to:
(i) Americans with Disabilities Act of 1990 (ADA) (28 C.F.R. 35).
Title II, Subpart A of the Americans with Disabilities Act of 1990 applies to all publicly funded
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activities and programs. Provider shall also comply with the public accommodations requirements of Title III of the ADA, as applicable.
(ii) Nondiscrimination on the Basis of Handicap (24 C.F.R. 8). These regulations, which implement Section 504 of the Rehabilitation Act of 1973, as amended, and as cited in Section 109 of the Housing and Community Development Act, apply to all federally assisted activities and programs and are implemented through the regulations at 24 C.F.R. 8. (iii) Architectural Barrier Act of 1968. Any building or facility, excluding privately owned residential structures, designed, constructed, or altered with federal funds, shall comply with the Uniform Federal Accessibility Standards, 1984 (41 C.F.R. 3) and the Handicapped Accessibility Requirements of the State of California Title 24. The Consultant, Engineer or Architect responsible for such design, construction or alteration shall certify compliance with the above standards.
(iv) In resolving any conflict between the accessibility standards cited in paragraphs (i), (ii) and (iii) above, the more stringent standard shall apply.
35. NONDISCRIMINATION – HUD REQUIREMENTS:
a. Provider certifies and agrees that it shall not discriminate against any employee or applicant for employment because of race, color, religion, national origin, ancestry, sex, age, or condition or physical or mental handicap (as defined in 41 C.F.R. Section 60-741, et seq.), in accordance with requirement of state or federal law. Provider shall take affirmative action to ensure that qualified applicants are employed and that employees are treated during employment without regard to race, color, religion, national origin, ancestry, sex, age, or condition of physical or mental handicap in accordance with requirements of state and federal law. Such shall include, but not be limited to, the following:
A. Employment upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation.
B. Selection for training, including interns and apprentices. (i) Provider agrees to post in conspicuous places in each of Provider’s facilities providing services hereunder, available and open to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. (ii) Provider shall, in all solicitations or advertisements for employees placed by or on behalf of Provider, state that all qualified applicants shall receive consideration for employment without regard to race, color, religion, national origin, ancestry, sex, age, or condition of physical or mental handicap, in accordance with requirements of state and federal law.
(iii) Provider shall send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding a notice advising the labor union or workers’ representative of Provider’s commitments under this paragraph.
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(iv) Provider certifies and agrees that it shall deal with its subcontractors, bidders, or vendors without regard to race, color, religion, national origin, ancestry, sex, age, or condition of physical or mental handicap, in accordance with requirement of state and federal law.
(v) In accordance with applicable state and federal law, Provider shall allow duly authorized county, state and federal representatives access to its employment records during regular business hours in order to verify compliance with the anti-discrimination provisions of this paragraph. Provider shall provide such other information and records as such representatives may require in order to verify compliance with the anti-discrimination provisions of this paragraph.
b. If the City finds that any of the provisions of this paragraph have been violated, the same shall constitute a material breach of Agreement upon which the City may determine to cancel, terminate, or suspend this Agreement. The City reserves the right to determine independently that the anti-discrimination provisions of this Agreement have been violated. In addition, a determination by the California Fair Employment Practices Commission or the Federal Equal Employment Opportunity Commission that Provider has violated state and federal anti-discrimination laws shall constitute a finding by the City that Provider has violated the anti- discrimination provisions of this Agreement.
c. The parties agree that in the event Provider violates any of the anti-discrimination provisions of this paragraph, the City shall be entitled, at its option, to the sum of $500.00 pursuant to California Civil Code Section 1671 as liquidated damages in lieu of canceling, terminating, or suspending this Agreement.
d. Provider hereby agrees that it shall comply with Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. Section 794), all requirements imposed by the applicable regulations, and all guidelines and interpretations issued pursuant thereto, to the end that no qualified handicapped person shall, on the basis of handicap, be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination under any program or activity of Provider receiving Federal Financial Assistance. In addition, Provider shall comply with the Uniform Federal Accessibility Standards, and Provider, Engineer, or Architect responsible for any design, construction or alteration shall certify compliance with those Standards.
e. Provider’s attention is directed to laws, including but not limited to:
A. CIVIL RIGHTS/EQUAL OPPORTUNITY
(i) Civil Rights Act of 1964. Under Title VII of the Civil Rights Act of 1964, no person shall, on the grounds of race, sex, religion, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. (ii) Section 109 of the Housing and Community Development Act of 1974. No person in the United States shall, on the grounds of race, color, national origin, or sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination
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under any program or activity funded in whole or in part with funds made available under this title.
(iii) Section 109 of the Act further provides that any prohibition against discrimination on the basis of age under the Age Discrimination Act of 1975 (42 U.S.C. 6101 et seq.) or with respect to an otherwise qualified handicapped individual as provided in Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) shall also apply to any program or activity funded in whole or in part with funds made available pursuant to the Act.
B. EMPLOYMENT AND CONTRACTING OPPORTUNITIES
(i) Section 3. The work to be performed under this Agreement is on a project assisted under a program providing direct Federal financial assistance from the Department of Housing and Urban Development Department and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u.
Section 3 requires that to the greatest extent feasible, opportunities for training and employment be given to lower income residents of the area of the Section 3 covered project, and contracts for work in connection with the project be awarded to business concerns which are located in, or owned in substantial part by persons residing in the area of the Section 3 covered project. (ii) The parties to this Agreement shall comply with the provisions of said Section 3 and the regulations issued pursuant thereto by the Secretary of the Housing and Urban Development set forth in 24 C.F.R. Part 135, and all applicable rules and orders of the Department issued thereunder prior to the execution of this Agreement. The parties to this Agreement certify and agree that they are under no contractual or other disability which would prevent them from complying with these requirements.
(iii) Provider shall send to each labor organization or representative of workers with which it has a collective bargaining agreement or other contract or understanding, if any, a notice advising the said labor organization or workers’ representative of its commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training. (iv) Provider shall include this Section 3 clause in every subcontract for work in connection with the project and shall, at the direction of the applicant for or recipient of Federal financial assistance, take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issued by the Secretary of Housing and Urban Development, 24 C.F.R. Part 135. Provider shall not subcontract with any subcontractor where it has notice or knowledge that the latter has been found in violation of regulations under 24 C.F.R.
Part 135 and shall not let any subcontract unless the subcontractor has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. (v) Compliance with the provisions of Section 3, the regulations set forth in 24 C.F.R. Part 135, and all applicable rules and orders of the Department issued thereunder prior to the execution of the Agreement, is a condition of the Federal financial assistance provided to the project, binding upon the applicant or recipient, its contractors and subcontractors, its successors, and assigns to those sanctions specified by the grant or loan
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agreement or contract through which Federal assistance is provided, and to such sanctions as are specified by 24 C.F.R. Part 135.
C. PROGRAM ACCESSIBILITY FOR INDIVIDUALS WITH
DISABILITIES
This Agreement is subject to laws and regulations concerning the rights of otherwise qualified individuals with handicaps for equal participation in, and benefit from federally assisted programs and activities including but not limited to:
(i) Americans with Disabilities Act of 1990 (ADA) (28 C.F.R. 35).
Title II, Subpart A of the Americans with Disabilities Act of 1990 applies to all publicly funded activities and programs. Provider shall also comply with the public accommodations requirements of Title III of the ADA, as applicable.
(ii) Nondiscrimination on the Basis of Handicap (24 C.F.R. 8). These regulations, which implement Section 504 of the Rehabilitation Act of 1973, as amended, and as cited in Section 109 of the Housing and Community Development Act, apply to all federally assisted activities and programs and are implemented through the regulations at 24 C.F.R. 8. (iii) Architectural Barrier Act of 1968. Any building or facility, excluding privately owned residential structures, designed, constructed, or altered with federal funds, shall comply with the Uniform Federal Accessibility Standards, 1984 (41 C.F.R. 3) and the Handicapped Accessibility Requirements of the State of California Title 24. The Consultant, Engineer or Architect responsible for such design, construction or alteration shall certify compliance with the above standards.
(iv) In resolving any conflict between the accessibility standards cited in paragraphs (i), (ii) and (iii) above, the more stringent standard shall apply.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
IN WITNESS WHEREOF, the parties have each caused this Agreement to be duly executed on its behalf as of the Effective Date.
CHRIST EPISCOPAL CHURCH ALAMEDA CITY OF ALAMEDA
a California corporation a municipal corporation
________
Reverend Elizabeth Hood Gerry Beaudin
Associate Pastor City Manager
RECOMMENDED FOR APPROVAL
Lezlee M. Flagg
Senior Warden/Vestry Chair
C’Mone Falls
Housing & Human Services Manager
APPROVED AS TO FORM:
City Attorney
Len Aslanian
Acting City Attorney
FY 26/27 December 1, 2026 – April 30, 2027
Schedule A – Winter Warming Shelter Scope of Work
Christ Church - Episcopal
Christ Church will lead the operation of an overnight Winter Warming Shelter program in Alameda. This program shall be a self-referring, low-barrier program providing emergency shelter to homeless Alameda residents. This program will provide essential needs to homeless Alameda residents from December 1, 2026, through April 30, 2027. The program will include an indoor shelter with cots or pads and blankets, a hot nightly dinner, a to-go bagged breakfast, restrooms, weekly showers when the shelter is at Christ Church, case management with housing navigation services, and shelter management. The final night for guests to stay will be Friday, April 30, 2027, with all participants required to exit on Saturday, May 1, 2027, at 7:00 am.
While the shelter o Ưers temporary shelter and various supportive services, it does not provide permanent housing. Participants do not have tenancy rights and must vacate the premises upon request by Christ Church (CC).
Participants (guests) are expected to follow shelter rules and agreements based on low- barrier best practices. Additionally, they must adhere to Alameda County health orders and take precautions to prevent the spread of communicable diseases. All individuals, participants, staƯ, and volunteers, will be treated with dignity and respect at all times.
SHELTER HOSTING SCHEDULE
Christ Church will communicate any changes to locations to City of Alameda – HHS sta Ư a minimum of one week prior to the change. Under urgent conditions causing a location change, Christ Church will communicate the change as soon as reasonably possible. As of 14 July 2026, the anticipated shelter hosting dates are:
x Christ Episcopal Church: December 1, 2026 – morning of December 21, 2026 1700 Santa Clara Avenue, Alameda
x Trinity Lutheran Church: evening of December 21, 2026 – morning of January 4, 2027 1323 Central Avenue, Alameda
x Christ Episcopal Church: evening of January 4, 2027 – morning of February 8, 2027 1700 Santa Clara Avenue, Alameda
x Twin Towers/New Bridges United Methodist Church: evening of February 90 – morning of the 22, 2027
1411 Oak Street, Alameda
x Christ Episcopal Church: afternoon of February 22, 2027 – April 30, 2027.
PERSONNEL COVERAGE
To ensure e Ưicient shelter operations, a team of four sta Ư members will be on-site each night, divided into two shifts. Each shift will include an experienced Supervisor and a Service Coordinator/Janitor. Shifts will cover the hours of 4 pm to 8 am - 7 days a week for the duration of the program. The Director of Interim Housing will be on call and available in person as needed throughout the operational period.
One Case Manager will be on-site 5 hours a day Monday – Friday from 4 pm – 9 pm. The hours may be discussed with City of Alameda HHS sta Ư and adjusted based on the need to best serve the program participants.
The Shelter team shall be skilled in approaches such as housing first, harm reduction, trauma-informed care, con flict resolution, housing navigation, and emergency response including certified CPR to ensure support and safety for all participants.
MILIEU
Christ Church will subcontract with Episcopal Community Services (ECS) to operate the shelter. All staƯ, volunteers, and visitors of the program shall ensure a safe and respectful space. Should there be need for safety or medical intervention, sta Ư will call on the CARES team or the Alameda Police Department, depending on the issue. Christ Church or ECS will ensure to notify the City of Alameda of any incidents with-in 24 hours of the incident. An incident report should be e-mailed to Camille Rodriguez at [email protected].
Air puri fiers will be set up in the shelter room to promote a healthy ventilated space.
Restrooms will be open and available for clients during shelter hours. Showers will be available once a week when the shelter is at Christ Church. Laundry services will be oƯered weekly. Note that Christ Church’s Sunday shower and laundry program will continue to operate every Sunday throughout the year.
Tables and chairs will be provided from 5 pm – approximately 8 pm for clients to congregate and work on their housing plan. Christ Church will provide activities for participants such as board games, group meetings, teaching sessions, books and television and other engagement activities.
At approximately 8 pm, bedding will be set up and provided for shelter participants to rest and begin to prepare to sleep. At minimum, a cot or pad and blanket will be provided.
PROGRAM
The Shelter team and partners shall greet and welcome individuals seeking shelter and services. All individuals will be treated with kindness and respect.
I. INTAKE - Shelter and HMIS Intake
The Shelter team shall engage new participants by collecting general information during the intake process. Upon arrival at the site, participants are required to complete intake paperwork for enrollment into the shelter. Information captured from the intake will be entered into the HMIS system.
Upon entering the shelter, sta Ư will meet one-on-one with new program participants to complete the intake process including the following:
1. Identity - Recording the person’s name and date of birth on their intake paperwork
2. Megan’s Law - Informing the participant about the Megan's Law screening process.
StaƯ members will explain the purpose of the screening and its importance in maintaining a safe environment. StaƯ members will use the California Sex OƯender Registry website to perform the screening. They will enter the participant's name and location as required by the registry. https://www.meganslaw.ca.gov/. Shelter staƯ members will review the screening results and assess any potential safety concerns. If a registered sex oƯender is identified, staƯ will notify the Director of Interim Housing.
3. Program Rules – StaƯ will review the program rules and expectations with the participant
4. Intake Paperwork – StaƯ will complete the intake packet with the participant Intake packet includes:
a. Participant demographics
b. Shelter Participant Agreement, which asks participants to confirm their receipt and understanding of shelter rules.
c. Release of Information (ROI) for The Coordinated Outreach Team d. Health Needs as voluntarily disclosed (Dietary restrictions, disabilities, illnesses, etc.)
5. StaƯ will enter the participant into the Winter Shelter program in the Homeless Management Information System (HMIS)
6. StaƯ will complete a case management referral form
Case Management Referral Form includes:
a. Client’s name
b. Client’s DOB
c. Client’s contact information (if available)
d. Clients HMIS ID number
e. Relevant notes
II. Case Management and HMIS Data
The Case Manager is assigned clients through the client referral forms provided by the shelter staƯ or based on direct contact the Case Manager has with guests. The Case Manager will connect with and meet with participants one-on- one to assess their needs and connect them to relevant services and housing options. Case Management services include:
a. Relationship and rapport building
b. Developing individualized housing and needs plans
c. Supporting clients with meeting steps in their plan including becoming document ready, updating their resume, credit repair, completing job applications, connecting to benefits including Social Security Insurance (SSI), identifying and applying for housing opportunities, and other services as needed.
d. Connecting participants to resources relevant to their needs including therapy, substance abuse services, legal services, SSI advocacy, other resources and programs as needed. If available Clipper cards or bus passes will be provided as needed.
e. The Case Manager will have a primary focus on identifying long-term shelter options for program participants and working hands on to ensure warm hand-oƯs to long-term shelter including permanent housing. f. The Case Manager will regularly update participant data in HMIS within 24 business hours of receiving updated information. Case notes will be updated regularly.
III. Meals
Dedicated volunteers from the faith and general community will provide complimentary meals (hot dinner and to-go bagged breakfast) for participants.
Volunteers will be coordinated through Christ Episcopal Church. Meals served will be well-balanced to support the health and well-being of all participants.
IV. Shelter
StaƯ and volunteers will treat prospective and active winter warming shelter participants with dignity, kindness, and respect.
a. PII - Personal identifying information about participants will be kept confidential. This confidentiality should be safeguarded whether information is written, printed, spoken, or in electronic form, and its sharing should be limited to the minimum amount necessary for each person to do their job.
StaƯ and volunteers shall not discuss clients with anyone outside of the
program and discussions (written or verbal) shall be limited to that necessary to operate the program and support the participants. Any suspicion of a breach of security of confidential information should be reported immediately to the Director of Interim Housing. The director will immediately notify the City of Alameda’s Housing and Human Services Division. The Shelter team is responsible for complying with all privacy-related training. b. Check-in – Participants must check-in with shelter staƯ every day they utilize the shelter. Check-in includes the following:
i. Sign – in
ii. Health screening – As this program is contained in one room in a congregate setting, participants displaying signs of a serious communicable illness are not permitted to stay on site. Participants will confirm they are not experiencing symptoms of a serious communicable illness. StaƯ will visually inspect for signs of communicable illness including significant coughing, sneezing, and runny nose. As a guideline, mild colds are not considered a serious communicable disease; influenza is.
If a participant shows signs of a serious communicable disease, staƯ shall have the participant sit separately from the group and contact the Director of Interim Housing. See the section HOTELS. iii. Needs request as communicated by participants
V. Showers
On-site showers shall be provided 1 day per week when the shelter is at Christ Church, usually on Thursday evenings. Separate from the shower program, Christ Church will provide showers and laundry to the general public on Sunday afternoons on a first come, first served basis. Christ Church shall notify the City immediately if this schedule changes.
VI. Exit
StaƯ will ensure program participants are oƯered breakfast and exit the program site by 7 am. StaƯ will provide a warm farewell and encourage participants to return in the evening.
Shelter staƯ will update HMIS as needed and in accordance with the following policy:
1. Participants shall be entered and exited from the program on a daily basis until they become a regular program participant.
2. Participants become a regular program participant once they have attended the winter warming shelter for 3 consecutive days. At the end of the 3rd day, they no longer need to be exited from the program.
3. Once a regular participant does not attend the program for 72 hours, the participant must then be exited from the program. If they return after 72 hours, they must be re-entered into HMIS as a new participant.
Hotels
Limited funding provided through Alameda County Social Services Agency has been set aside for hotel stays. These funds shall be used to provide shelter for prospective winter warming shelter participants who cannot stay at the designated shelter site. This includes individuals identi fied as registered sex o Ưenders, temporarily experiencing a serious communicable illness, or individuals who are immunocompromised. Christ Church will work with ECS to ensure clients are appropriately screened and provided shelter services through hotel stays as needed.
ECS will connect with local hotels to connect clients to hotel rooms as needed. ECS is responsible for booking all hotel stays, ensuring clients check into the hotel room, and ensuring clients check out of the hotel room. To the extent feasible, ECS will endeavor to ensure clients receive meals through the duration of their hotel stay.
Specific Conditions:
1. Individuals with a serious communicable illness will be provided with up to a 72- hour stay at a hotel site. After the hotel stay, they shall be referred back to the winter warming shelter.
2. Registered sex-oƯenders will be provided a stay at a hotel site until CC/ECS is able to communicate with the City to confirm vacancy in the trailer program. If no vacancies exist, the case manager shall work intensively to identify another shelter program that will accept the individual into their program.
3. Immunocompromised participants shall be provided with intensive case management from the shelter to urgently identify shelter meeting their health needs. CC/ECS and the City shall work with relevant partners such as Alameda County Health Care, Alameda Family Services, Tiburcio Vazquez Health Center, etc. to refer the participant into services and shelter.
CC/ECS will be responsible for monitoring the funds and ensuring a plan is in place in the case that hotel funding is projected to run out. CC shall notify the City of any individuals at- risk of exiting a hotel room back to the street. When booking hotel stays, CC/ECS must use
a company-issued credit card to make the purchase. Sta Ư should not use personal credit cards when booking hotel stays.
GRIEVANCE PROCESS
CC/ECS will ensure there is a clear grievance policy in place. The grievance policy will be posted within the shelter where program participants can access it. The grievance policy should ensure participants can submit a grievance without prejudice. The process should flow through ECS and CC. CC should attempt to resolve the grievance. If a resolution cannot be made, it will be raised to the City of Alameda’s Housing and Human Services Division to review and address the grievance.
DATA
CC will work with ECS to ensure all clients are entered in the winter warming HMIS program stamp: ECS-MA-ES-Alameda Winter Shelter-CoA. The Case Manager will update client HMIS data every time they meet. Data must be entered within 48 hours of receipt.
MONTHLY REPORTS
CC and ECS will submit a monthly occupancy report to [email protected]. This report will include the following:
1. The number of unique clients served that month
2. The number of clients served each night
3. The number of clients engaged in case management services
4. A monthly APR
CC and ECS will submit a monthly case management report detailing the status of each client receiving case management including exit destinations.
CC and ECS will submit a monthly hotel stay report detailing the following information:
1. HMIS number of each client receiving hotel stay
2. Duration (number of days) each client stayed in the hotel during the reporting month (i.e. if a client stayed in the hotel from March 28 – April 15 and you are reporting on the month of March, only report the number of days in March (4 days). You will report on April when submitting April’s report in the month of May)
3. Number of meals served to clients during their hotel stay for the reporting month.
4. Number of referrals made to additional services during the reporting month
5. Number of clients that already received the following benefits during the reporting month:
a. CalFresh
b. General Assistance
c. CalWORKs
d. Medi-Cal
6. Number of clients that were connected to or assisted with obtaining the following during the reporting month:
a. CalFresh
b. General Assistance
c. CalWORKs
d. Medi-Cal
CC and ECS will submit a close-out report at the end of the year including the following information:
1. A year-to-date HMIS APR
2. Narrative of success and challenges
3. A demographic report including a summary of race, sex, and sexual orientation of clients served
OUTCOMES
CC and ECS are expected to meet the following outcomes at the end of the season:
1. Serve at minimum 30 unique clients in the winter warming shelter during the season
2. Maintain at least 75% occupancy rate each day
3. Serve at least 1,450 meals
4. Connect 7 clients with more long-term shelter options (i.e. transitional housing, permanent housing, permanent supportive housing)
5. Utilize 100% of hotel voucher funds
COMMUNITY EXPECTATIONS
The following Community Expectations apply to everyone on site – participants and staƯ alike.
1. We will treat everyone on site with respect, civility, and dignity.
2. When in common areas, we will respect everyone’s personal space and belongings.
3. We will participate in wellness checks and health screenings.
4. We will not invite or accept any visitors.
5. We will respect the quiet hours between 10:00 PM and 7:00 AM and will not enter or leave the site during those hours unless authorized by staƯ.
6. Any animals we bring on site will be always under our direct control.
7. We will smoke and relieve animals only in designated areas.
8. We will respect the property and keep it in good condition.
9. We will never threaten violence toward another person, commit an act of violence, or keep any weapons on site.
10. We will respect the drug-free environment.
PROGRAM VIOLATIONS
First Rule Violation: Verbal Warning
Second Rule Violation: Written violation
Third Rule Violation: Final written violation
Fourth Rule Violation: Denial of Services
Note that if a rule violation is egregious, such as a display of violent or sexual behavior, the oƯending participant will be removed and banned from the program for the remainder of the season.
SAFETY AND SECURITY
x ECS shelter team will always be present onsite.
x All PARTICIPANTS must check in and out when they are leaving the program area x Weapons are not permitted on site. StaƯ will inform participants of rules against weapons and ensure weapons are not brought into the facility and/or are checked and tagged upon intake and, if legal, returned upon discharge. Illegal weapons shall immediately be turned over to the Alameda Police Department. x Make rounds to check doors and other access points are secure. x Supervise participants as they move throughout the site. x Call 911 if any participant, staƯ, or vendor is in danger or in need of immediate medical assistance and interface with emergency services staƯ. x Nasal Narcan will be easily accessible on site. Narcan training will be provided for participants by ECS staƯ members. In the case of a proposed opioid overdose, Narcan protocol should be followed, and emergency personnel should be called to respond.
Alameda - Winter Shelter
Christ Episcopal Winter Shelter
FY27 Five-Month Budget Draft
Dec 1, 2026 to April 30, 2027
Annual Full Time
Salary Rate Total wages
Direct Staff
Supervisors - Swing and Grave 71,094 $ 34.18 $ 86,469 $ Case Manager 64,272$ 30.90 $ 30,851 $
Svs Coordinator/Janitor 52,703$ 25.34 $ 64,825 $ Indirect Staff
Director of Facilities Service Programs 174,048$ 83.68 $ 17,405 $ Total Salaries before Fringe 199,549 $
Fringe Benefits (26.5%) 52,880$
Total Salaries with Fringe 252,429 $
HOTEL STAY VOUCHERS
Vouchers- AC 18,000$
OPERATIONS
Insurance COA 4,536$
Program/Client Supplies and Services COA 1,185 $
Laundry Expenses COA
-$
Office Supplies COA 515$
Telecommunications COA 206$
Maintenance Supplies/Services COA 545 $
Total Expenses before ICR 277,415 $
Indirect Costs (15%) 41,612 $ 41,612$
Total Expenses 319,028$
&YIJCJU#
DATE (MM/DD/YYYY)
CERTIFICATE OF LIABILITY INSURANCE
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be en dorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A sta tement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER CONTACT
NAME:
PHONE
(A/C, No, Ext):
FAX
(A/C, No):
E-MAIL
ADDRESS:
INSURER(S) AFFORDING COVERAGE NAIC #
INSURER A :
INSURED INSURER B :
INSURER C :
INSURER D :
INSURER E :
INSURER F :
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.
NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE
ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND COND ITIONS OF SUCH POLICIES. *LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LIMITS SHOWN ARE INCLUSIVE OF AMOUNTS REQUESTED BY THE CERTI FICATE HOLDER AND MAY NOT REFLECT POLICY LIMIT AMOUNTS IN EXCESS OF THOSE REQUESTED. *Not Applicable in WY
INSR ADDL SUBR POLICY EFF POLICY EXP
LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $
DAMAGE TO RENTED
CLAIMS-MADE OCCUR PREMISES (Ea occurrence) $
MED EXP (Any one person) $
PERSONAL & ADV INJURY $
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $
PRO-POLICY JECT LOC PRODUCTS - COMP/OP AGG $
$OTHER:
COMBINED SINGLE LIMIT
AUTOMOBILE LIABILITY $(Ea accident)
ANY AUTO BODILY INJURY (Per person) $
OWNED SCHEDULED BODILY INJURY (Per accident) $AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $
UMBRELLA LIAB OCCUR EACH OCCURRENCE $
EXCESS LIAB CLAIMS-MADE AGGREGATE $
DED RETENTION $ $
WORKERS COMPENSATION PER OTH-
STATUTE ER AND EMPLOYERS' LIABILITY Y / N
ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $
OFFICER/MEMBER EXCLUDED? N / A
(Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $
If yes, describe under
DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
CERTIFICATE HOLDER CANCELLATION
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 (2025/12) © 1988-2025 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
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BGL-150 (4.1) Copyright, 2015 Brotherhood Mutual Insurance Co. Page 1 of 3 All Rights Reserved
This Liability Coverage Endorsement is subject to the terms of the applicable Commercial Liability Coverage Form (GL-100) and the Liability and Medical Coverage Form (BGL-11). Only one liability coverage will apply to an occurrence and any related loss. This endorsement is attached to and made part of the policy.
THIS INSURANCE ENDORSEMENT FORMS PART OF YOUR POLICY CONTRACT.
PLEASE READ IT CAREFULLY.
MINISTRY OPERATIONS
COMMERCIAL LIABILITY COVERAGE
PROVISION MODIFICATION
DESIGNATED ADDITIONAL INSURED(S)
AGREEMENT
We provide the modified coverage described in this
endorsement (BGL-150), but only if it is properly
designated in the declarations, and only with respect
to the Additional Insured(s) designated on the
schedule(s) attached to this endorsement.
PROVISION MODIFICATION
With respect to the Additional Insured(s) and the
Applicable Coverages designated on any schedule
attached to this endorsement, Condition 7 of the
Conditions section of the Commercial Liability
Coverage Form (GL-100) and Condition 11 of the
Conditions section of the Liability and Medical
Coverage Form (BGL-11) are deleted and replaced by
the following:
7. Subrogation Rights – If we make payment under
any liability coverage or any medical coverage, we
reserve the right to require from all applicable
insureds, and from anyone to whom or on whose
behalf we pay, an assignment of their right of
recovery. Upon our request, such person or entity
must transfer to us their right of recovery against
any party responsible for the injury, and must
assist us in our attempt to recover any amounts
we have paid under the liability coverage or the
medical coverage. We are not liable under any
liability coverage or any medical coverage if any
person has impaired our right to recover.
Waiver of Subrogation Rights – An insured
may waive our right to recover against an
Additional Insured named in an endorsement
properly designated in the declarations.
11. Additional Insureds – With respect to any person
or entity shown on any schedule attached to the
Commercial Liability Coverage Provision
Modification – Designated Additional Insured(s)
endorsement (BGL-150), we will provide the
Applicable Coverages shown on any applicable
schedule to the Additional Insured named in that
particular schedule. Any Applicable Coverages
shown on the schedule are provided only to the
extent that any Additional Insureds shown on any
applicable schedule are legally liable for the acts of
you, your leader , your employee or your
appointed person, as defined in relation to an
Applicable Coverage shown on that particular
schedule. Any Applicable Coverages granted to an
Additional Insured by this endorsement and
attached schedule(s) are strictly subject to the
terms of the policy.
The limit of coverage provided to any Additional
Insured(s) designated on any schedule attached
to this endorsement will be the lesser of:
a. the limit shown on the applicable schedule
for any designated coverage provided to that
Additional Insured; or
b. the amount of coverage required to be
BGL-150 (4.1) Copyright, 2015 Brotherhood Mutual Insurance Co. Page 2 of 3 All Rights Reserved
provided to the Additional Insured under any
applicable contract or agreement;
except that the limit of coverage provided by this
endorsement shall never be greater than the
limits indicated on the declarations.
The limit of coverage that applies to the
Additional Insured will be a shared limit of
coverage (shared with all other insureds under
the Applicable Coverage of the policy). Nothing
in this provision will act to increase any limit of
the policy.
No coverage will be provided to any Additional
Insured in relation to:
a. any liability incurred by an Additional Insured,
other than tort liability; or
b. liability that is incurred prior to the date that
we provide an applicable coverage to you, or
that is incurred after a previously-applicable
coverage terminates; or
c. any independent acts, errors or omissions of
any Additional Insured.
Any coverage provided to the Additional Insured
designated on the schedule in this endorsement will
be primary and non-contributory in relation to other
insurance provided to them on a primary basis by
another policy.
Nothing in this endorsement will act to increase any
limits of coverage, or to in any way modify any
terms of the policy other than the terms specified
herein.
LIMITATION
The coverage provided by this endorsement does not
apply to liability arising solely out of the activity of any additional insured, or arising out of any operations
other than your operations.
OTHER PROVISIONS
All other provisions of the applicable Commercial
Liability Coverage Form (GL-100) and the Liability
and Medical Coverage Form (BGL-11) apply to the
Additional Coverages of this endorsement, unless
otherwise modified herein.
BGL-150 (4.1) Copyright, 2015 Brotherhood Mutual Insurance Co. Page 3 of 3 All Rights Reserved
This Schedule is an attachment to the Commercial Liability Coverage Provision Modification – Designated Additional Insured(s) endorsement (BGL-150). This schedule contains identifying and specifying information only, and does not grant, change or modify any coverage of the policy unless attached to the Commercial Liability Coverage Provision Modification – Designated Additional Insured(s) endorsement (BGL-150). This endorsement is attached to and made part of the Commercial Liability Coverage Provision Modification – Designated Additional Insured(s) endorsement (BGL-150).
COMMERCIAL LIABILITY COVERAGE
PROVISION MODIFICATION
DESIGNATED ADDITIONAL INSURED(S)
SCHEDULE
(The information required below may be shown on a separate schedule and/or supplemental declarations.) Named Insured: Policy Number:
Additional Insured:
Applicable Coverage(s) and Limit(s):
Coverage L (Bodily Injury & Property Damage)
Coverage Begins: Coverage Ends:
CERTIFICATE OF LIABILITY INSURANCE
DATE (MM/DD/YYYY)
1/15/2026
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be en dorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A sta tement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER CONTACT
NAME:
PHONE (A/C, No, Ext):
FAX
(A/C, No):
E-MAIL
ADDRESS:
INSURER(S) AFFORDING COVERAGE NAIC #
INSURER A : Liberty Insurance Corp
INSURED
Diocese of California
INSURER B :
INSURER C :
INSURER D :
INSURER E :
INSURER F :
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.
NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE
ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND COND ITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
LTR TYPE OF INSURANCE ADDL
INSD
SUBR
WVD POLICY NUMBER POLICY EFF
(MM/DD/YYYY)
POLICY EXP
(MM/DD/YYYY) LIMITS
COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $
CLAIMS-MADE OCCUR DAMAGE TO RENTED
PREMISES (Ea occurrence) $
MED EXP (Any one person) $
PERSONAL & ADV INJURY $
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $
POLICY PRO LOC JECT
OTHER:
PRODUCTS - COMP/OP AGG $
$
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) $ ANY AUTO BODILY INJURY (Per person) $
OWNED
AUTOS ONLY
HIRED
AUTOS ONLY
SCHEDULED
AUTOS
NON-OWNED
AUTOS ONLY
BODILY INJURY (Per accident) $
PROPERTY DAMAGE
(Per accident) $
$
UMBRELLA LIAB
EXCESS LIAB
OCCUR
CLAIMS-MADE
EACH OCCURRENCE $
AGGREGATE $
DED RETENTION $ $
A
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY Y
ANYPROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below
X
WC7625900161016002 1/1/2026 1/1/2027
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
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
CERTIFICATE HOLDER CANCELLATION
Christ Church
1700 Santa Clara Ave
Alameda CA 94501-2515
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
The Church Insurance Agency Corp
210 South St, Suite 2
Bennington, VT 05201
(800) 293-3525 (800) 557-1395
6400 Brotherhood Way
P.O. Box 2227
Fort Wayne, IN 46801-2227
www.brotherhoodmutual.com
JACKET 2.0 (6/14)
MinistryFirst® Policy
Christ Episcopal Church in Alameda, California
1700 Santa Clara Ave
Alameda, CA 94501-2515
Agent:
Churchwest Insurance Services #4002-013
Www.Churchwest.Com
201 Cajon Street
Redlands, CA 92373-4645
909-307-8500
04M5A0494326
6400 Brotherhood Way, P.O. Box 2227, Fort Wayne, IN 46801-2227 | p.800•333•3735 | f.260•483•7525| brotherhoodmutual.com Dear Policyholder:
Thank you for choosing Brotherhood Mutual. Whethe r you're a new policyholder or one who's been with us for years, we appreciate your confidence in us.
A unique heritage
In 1917, a group of church leaders founded Brotherhood Mutual to “bear the burden” of its members.
They selected Galatians 6:2 – ”Bear ye one another's burdens and so fulfill the law of Christ” – as the verse capturing the spirit of the company. This caring spirit has characterized Brotherhood Mutual for more than 100 years and serves as the basis of our commitment to you in the years ahead.
We recognize that your resources were sacrificially given to you for the advancement of the gospel.
Many insurance carriers and insurance agents are ha ppy to take your money in exchange for a basic insurance policy. However, we believe that as servants of the Lord, you deserve better. We promise to make every dollar count by providing you with ex cellent insurance, valuab le advice and services, and relationships with company employees and agents that share your heart for ministry.
A secure future
As we continue growing faster than the industry average, our focus remains on serving Christian ministries, including churches, colleges and uni versities, K-12 schools, camps, and mission organizations.
Your stewardship of ministry dollars is supported by the A.M. Best Company, an independent analyst of insurance companies. They rate Brotherhood Mutual “A-” (exce llent) for financial stability and excellent operating performance.
Our policyholders renew their cove rage with Brotherhood Mutual year after year. And according to our research, 98% of our policyholders who have had claims were satisfied with how we settled their claim.
Thank you for your efforts in advancing the gospel. We look forward to faithfully Advancing the Kingdom by Serving…you!
Sincerely,
Mark A. Robison, CPA, CPCU
Chairman and President
04M5A0494326
Notice of Annual Meeting
As our insured, you are a member of Brotherhood Mutual Insurance Company and are invited to attend the Company's annual meeting at its corporate headquarters in Fort Wayne, Indiana, each year on the third Tuesday in February at 10 a.m.
Mutual Policy Conditions
This policy is issued by a mutual company subject to special regulations which govern its organization, membership, and contracts of insurance. The following conditions apply to and form a part of this policy:
x By acceptance of this policy, you became a member of the Company. You are entitled to vote in person or by proxy at all meetings of the members in accordance with Company bylaws.
x This policy is non-assessable. You, as the holder of this policy, are not subject to any contingent liability, nor liable to assessment.
x As a policyholder in a mutual company, you may receive a dividend to the extent and on the conditions determined and declared by the Board of Directors in accordance with the law.
x Policies are transferable only by approval of an appropriate Company officer.
Subject to all of the provisions contained within this policy, it is hereby executed by Brotherhood Mutual Insurance Company in accordance with applicable law.
Michael J. Allison, JD, CPCU Mark A. Robison, CPA, CPCU Chief Counsel and Corporate Secretary Chairman and President
BN-01 (1.1)
04M5A0494326
04M5A0494326
Understanding Your
Insurance Policy
Thank you for choosing Brotherhood Mutual®.
We want to make sure you understand all the
information found in your policy. An insurance
policy is a legal agreement between your church,
school, or ministry and your insurer. You agree to
pay your premium, and the insurance company
agrees to cover certain risks associated with your
ministry. Coverage depends on what you’ve
purchased and the terms of the policy. Each policy
includes declarations pages and policy forms.
To learn more about reading your policy, visit:
brotherhoodmutual.com/policy
© 2021 Brotherhood Mutual Insurance Company. All rights reserved. | www.brotherhoodmutual.com | 800.333.3735 6400 Brotherhood Way, P.O. Box 2227, Fort Wayne, IN 46801-2227 M576 (6/21)
Free Services for Brotherhood Mutual Customers
As a valued customer, you can enjoy complimentary access to the services and resources designed to make your life easier and to help your ministry thrive.
Safety Library
brotherhoodmutual.com/resources
Our online Safety Library is regularly updated with articles, podcasts, webinars, and other resources addressing the biggest risk management challenges Christian ministries are facing today - everything from facilities maintenance to security teams and religious freedom.
My Account
brotherhoodmutual.com/my-account
Make a claim, view policy documents, pay your bill, and more – all through a single, convenient online account.
Legal AssistSM
brotherhoodmutual.com/legalassist
Call or email our in-house team of attorneys for risk management guidance on complicated questions related to ministry activity, employment law, contract wording, and more.
INSURED NAME: Christ Episcopal Church in Alameda,
California
POLICY NUMBER: 04M5A0494326
AGENCY NAME: Churchwest Insurance Services
AGENCY NUMBER: 4002-013
DATE: 10/19/2023
Administrative Form INCHG1, August 2015 Page 1 of 1
Dear Policyholder:
The purpose of this letter is to inform you that one or more changes will take effect on 12/01/2023, the renewal of your ministry policy.
In some cases, the effects of these policy changes will mean enhanced coverage, while in other cases, limits, conditions, exclusions, and limitations may narrow the scope of certain coverages when compared to your prior policy. Following are the names of the coverage forms that have either been added or removed from your policy.** Please review your declarations page for changes in the policy values, deductibles, and premium.
NEW FORMS
EX220CA 1.0 CA Infectious Disease Liability Exclusion - Public Health Emergencies BCP915 4.0 Actual Cash Value Coverage Relating T o Roof Structures BN2B 1.1 Notice to our Policyholder
REPLACEMENT FORMS
BCP71 4.8 Earnings And Donations And Extra Expense Coverage Part BGL89CA 4.8 Legal Liability Defense Reimbursement Coverage - Religious And Not-For-Profit Organizations -
BCP85 4.8 Special Perils Part
Please read your policy carefully.
Y our Brotherhood Mutual agent will be pleased to address any questions you may have concerning your policy. Y ou may contact your agent at 909-307-8500. If you have any questions, you may contact our customer service department at 1-800-333-3735. Thank you for trusting us with your ministry. **NOTE: No coverage of any kind is provided by this notice. This Summary of Important Changes does not in any way replace any provision of your policy, nor is every change in your policy listed above. All insurance coverage is subject to conditions, coverage limits, limitations, and ex clusions. For precise details of coverage, please refer to your actual policy. While our company's goal is to provide ongoing insurance protection to ministry organizations, changes in company operations, the regulatory or insurance environment, or significant loss experience can result in policy revision or policy termination.
04M5A0494326
MinistryFirst
sm
Commercial Multi-Peril
Insurance Coverage Summary
These are your policy’s Declarations.
Renewal of 04M5A0494326
Christ Episcopal Church in Alameda, California
1700 Santa Clara Ave
Alameda, CA 94501-2515
Brotherhood Mutual Insurance Company www.brotherhoodmutual.com 800.333.3735 6400 Brotherhood Way, P.O. Box 2227, Fort Wayne, IN 46801-2227 M1 DEC 12/20 “Bear ye one another’s burdens and so fulfill the law of Christ.” — Galatians 6:2 Page 1 of 15 Policy Number 04M5A0494326
Brotherhood Mutual Insurance Company
Print Date: October 19, 2023
Policy Period: 12/01/2023 at 12:01 a.m. to
12/01/2024 at 12:01 a.m.
909-307-8500
Churchwest Insurance Services 4002-013
Www.Churchwest.Com
201 Cajon Street
Redlands, CA 92373-4645
Contact your agent with your customer
service questions, including updating your
policy or reporting a claim.
www.brotherhoodmutual.com/payonline
For your convenience, you can make
premium payments online.
NAMED INSURED Christ Episcopal Church in Alameda, California POLICY NUMBER 04M5A0494326
POLICY PERIOD 12/01/2023 at 12:01 a.m. to 12/01/2024 at 12:01 a.m.
Key Facts About Y our Policy
These Declarations replace your previous ones. Y our policy’s Declarations contain a summary of the coverage contained in the insurance policy.
Y our policy contains a full explanation of your coverage.
AGREEMENT: In return for the payment of the premium and subject to all the terms of the policy, we agree to provide the insurance stated in the policy.
TYPE OF ORGANIZATION: Church Institution
FORM OF ORGANIZATION: Corporation
Policy Overview
COVERAGE DESCRIPTION DETAILS COVERAGE DESCRIPTION DETAILS Property Coverage Page 2 - 6 T errorism Premium $419 (See Notice Form BN-6-DX 3.0 for details) Liability Coverage Page 7 - 14
Excess Liability Coverage Page 15 - 15
Policy Premium Overview
This premium is subject to adjustment at each anniversary. This premium is subject to adjustment due to premium audit provision.
ANNUAL PREMIUM: $24,545.00 PAYMENT SCHEDULE: See invoice.
Common Policy Forms
FORM FORM NAME FORM FORM NAME
BN2B 1.1 Notice to our Policyholder CL100 1.0 Common Policy Conditions CL300 1.0 Amendatory Endorsement CP1 1.0 T able of Contents BCP100 4.5 Commercial Property Coverage Conditions GL100 1.0 Commercial Liability Coverage BCL301 1.0 Form Number Reference BN11A 1.2 Customer Notice: Value-Added Benefits BCL120 1.0 Amendatory Endorsement - Assignment CL0162 01 19 Amendatory Endorsement California BN1B 1.0 Notice Of Payment-Related Charges BCL100 1.1 Additional Policy Conditions EX0606 1.0 Conditional T errorism Exclusion BN6EX 4.0 Notice-Cond Excl-T errorism-Related Loss BN-6-DX 3.0 T errorism Related Loss
NAMED INSURED Christ Episcopal Church in Alameda,
California
POLICY NUMBER 04M5A0494326
POLICY PERIOD 12/01/2023 at 12:01 a.m. to 12/01/2024 at 12:01 a.m.
Property Coverage Summary
MinistryFirst
sm
commercial multi-peril policy Declarations continued…
We provide the Commercial Property coverage at the declared premise(s) for the coverage and limits indicated. The Coverages listed here are provided according to the terms of the designated coverage form and any other applicable forms or endorsements.
Brotherhood Mutual Insurance Company www.brotherhoodmutual.com 800.333.3735 6400 Brotherhood Way, P.O. Box 2227, Fort Wayne, IN 46801-2227 M1 DEC 12/20 “Bear ye one another’s burdens and so fulfill the law of Christ.” — Galatians 6:2 Page 2 of 15 Property Coverage Details
PROPERTY DEDUCTIBLE
GLASS DEDUCTIBLE
$5,000
$500
Schedule of Locations
LOCATION # DESCRIPTION ADDRESS
1/1 Multi-Purpose 1700 Santa Clara Ave Alameda, CA 94501-2515 1/2 Guild Hall/Parish Hall 1700 Santa Clara Ave Alameda, CA 94501-2515 2/1 Rental Dwelling 1714 Santa Clara Ave Alameda, CA 94501-2515 Schedule of Buildings and Personal Property
MULTI-PURPOSE 1700 Santa Clara Ave Alameda, CA 94501-2515 LOCATION 1/1
COVERAGE DESCRIPTION
(INCL. TYPE OF PROPERTY)
COVERAGE LIMIT COINSURANCE EQ DED VALUATION TYPE AUTO INCR PERIL TYPE FORM Building See Combined
Schedule
Personal Property See Combined
Schedule
Building Ordinance
& Law Cost of
Construction
$1,000,000 N/ A N/ A N/ A N/ A N/ A BCP138 4.5
Building Ordinance &
Law Increased Building
Loss
$10,148,000 N/ A N/ A N/ A N/ A N/ A BCP138 4.5
Building Ordinance &
Law Increased Debris
Removal
$1,000,000 N/ A N/ A N/ A N/ A N/ A BCP138 4.5
GUILD HALL/PARISH HALL 1700 Santa Clara Ave Alameda, CA 94501-2515 LOCATION 1/2
COVERAGE DESCRIPTION
(INCL. TYPE OF PROPERTY)
COVERAGE LIMIT COINSURANCE EQ DED VALUATION TYPE AUTO INCR PERIL TYPE FORM Building See Combined
Schedule
Personal Property See Combined
Schedule
NAMED INSURED Christ Episcopal Church in Alameda,
California
POLICY NUMBER 04M5A0494326
POLICY PERIOD 12/01/2023 at 12:01 a.m. to 12/01/2024 at 12:01 a.m.
Property Coverage Summary
MinistryFirst
sm
commercial multi-peril policy Declarations continued…
We provide the Commercial Property coverage at the declared premise(s) for the coverage and limits indicated. The Coverages listed here are provided according to the terms of the designated coverage form and any other applicable forms or endorsements.
Brotherhood Mutual Insurance Company www.brotherhoodmutual.com 800.333.3735 6400 Brotherhood Way, P.O. Box 2227, Fort Wayne, IN 46801-2227 M1 DEC 12/20 “Bear ye one another’s burdens and so fulfill the law of Christ.” — Galatians 6:2 Page 3 of 15 RENTAL DWELLING 1714 Santa Clara Ave Alameda, CA 94501-2515 LOCATION 2/1
COVERAGE DESCRIPTION
(INCL. TYPE OF PROPERTY)
COVERAGE LIMIT COINSURANCE EQ DED VALUATION TYPE AUTO INCR PERIL TYPE FORM Building See Combined
Schedule
Personal Property See Combined
Schedule
Combined Schedule(s) of Buildings and Personal Property (Includes Statement of Values) - BCP-147 GROUP A COMBINED LIMIT: $14,764,000
COINSURANCE: Agreed Amount AUTOMATIC INCREASE: 0%
VALUATION TYPE: Replacement Cost PERIL FORM: BCP85 4.8
PERIL TYPE: Special with Theft EARTHQUAKE DEDUCTIBLE: Exclude Earthquake COVERAGE DESCRIPTION (INCL. TYPE OF PROPERTY) ROOF SETTLEMENT OPTION VALUE Location 1/1 (MultiPurp): 1700 Santa Clara Ave, Alameda, CA, 94501-2515 Building Replacement Cost $10,148,000
Personal Property N/ A $2,030,000
Location 1/2 (Guild Hall/Parish Hall): 1700 Santa Clara Ave, Alameda, CA, 94501-2515
Building Replacement Cost $1,552,000
Personal Property N/ A $311,000
Location 2/1 (Rental): 1714 Santa Clara Ave, Alameda, CA, 94501-2515 Building Actual Cash Value (Roof ACV) $688,000
Personal Property N/ A $35,000
NAMED INSURED Christ Episcopal Church in Alameda,
California
POLICY NUMBER 04M5A0494326
POLICY PERIOD 12/01/2023 at 12:01 a.m. to 12/01/2024 at 12:01 a.m.
Property Coverage Summary
MinistryFirst
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commercial multi-peril policy Declarations continued…
We provide the Commercial Property coverage at the declared premise(s) for the coverage and limits indicated. The Coverages listed here are provided according to the terms of the designated coverage form and any other applicable forms or endorsements.
Brotherhood Mutual Insurance Company www.brotherhoodmutual.com 800.333.3735 6400 Brotherhood Way, P.O. Box 2227, Fort Wayne, IN 46801-2227 M1 DEC 12/20 “Bear ye one another’s burdens and so fulfill the law of Christ.” — Galatians 6:2 Page 4 of 15 Schedule of Additional Coverages: All Locations
The policy's property deductible applies to each of these coverages. Details are found on the Commercial Property Coverages BCP12BCA 4.5 form.
COVERAGE DESCRIPTION COVERAGE LIMIT DEDUCTIBLE FORM
Property Off Premises $50,000+ $5,000 BCP12BCA 4.5
Owned Personal Property-Parsonage $10,000 $5,000 BCP12BCA 4.5 Building/Personal Property - Newly Acquired/Constructed $2,000,000++ $5,000 BCP12BCA 4.5 Outside Objects and Structures $20,000/ category, $30,000 T otal $5,000 BCP12BCA 4.5 For any one landscaping item $2,000 $5,000 BCP12BCA 4.5 Each loss caused by wind $5,000 $5,000 BCP12BCA 4.5
Other Structures $15,000 $5,000 BCP12BCA 4.5
Owned Personal Property - Dwellings 5% of dwelling value $5,000 BCP12BCA 4.5 Contents - Buildings and Structures Described on the
Declarations
$15,000+++ $5,000 BCP12BCA 4.5
T railers $10,000 $5,000 BCP12BCA 4.5
Vehicle Equipment and Accessories $25,000 $5,000 BCP12BCA 4.5 Money and Securities $5,000 (Loss from specified perils only. Doubled on specified holidays)
$5,000 BCP12BCA 4.5
Spoilage $10,000 $5,000 BCP12BCA 4.5
Damage to Buildings and Personal Property from Animals $10,000 ($2,500 sublimit for loss caused by animals listed in policy form)
$5,000 BCP12BCA 4.5
T emporary Emergency Coordination/Shelter Operation Clean- Up
$50,000 for clean-up costs $5,000 BCP12BCA 4.5
+ If the loss resulted from a covered peril and the property is off premises for no longer than 180 days. ++ Coverage applies for 180 days from the time construction begins or the new property is acquired. +++ Only applies if the limit of insurance shown for the structure is no more than $15,000 and there is no limit of Organizational Personal Property shown on the declarations for the structure.
The policy's property deductible does not apply to the following coverages. Details are found on the Commercial Property Coverages form.
COVERAGE DESCRIPTION COVERAGE LIMIT FORM
Debris Removal Expense - Partial or T otal Loss Partial Loss: Remaining Limit for Covered Property - T otal Loss: $25,000
BCP12BCA 4.5
Emergency Removal Coverage applies up to 30 days after property is first moved BCP12BCA 4.5 Fire Department Service Charges $50,000 BCP12BCA 4.5
Fire Extinguisher Recharge $50,000 if recharged within 30 days BCP12BCA 4.5 Pollutant Clean-Up and Removal $10,000 (annual aggregate)* BCP12BCA 4.5 Installed Lock Recalibration $10,000 if recalibrated within 10 days BCP12BCA 4.5 Arson Reward $20,000** BCP12BCA 4.5
Papers and Records (including electronic data) $50,000 BCP12BCA 4.5 Personal Property Owned by Others (non-clergy) $5,000 per person/$25,000 maximum (excess)*** BCP12BCA 4.5 Personal Property Owned by Clergy $30,000 (excess)*** BCP12BCA 4.5 Theft or Vandalism Reward $5,000** BCP12BCA 4.5
* If the loss resulted from a covered peril and was reported within 180 days. ** Or the amount paid to the insured as a result of the direct loss, if less than the limit stated above. *** Additional limits are available
NAMED INSURED Christ Episcopal Church in Alameda,
California
POLICY NUMBER 04M5A0494326
POLICY PERIOD 12/01/2023 at 12:01 a.m. to 12/01/2024 at 12:01 a.m.
Property Coverage Summary
MinistryFirst
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commercial multi-peril policy Declarations continued…
We provide the Commercial Property coverage at the declared premise(s) for the coverage and limits indicated. The Coverages listed here are provided according to the terms of the designated coverage form and any other applicable forms or endorsements.
Brotherhood Mutual Insurance Company www.brotherhoodmutual.com 800.333.3735 6400 Brotherhood Way, P.O. Box 2227, Fort Wayne, IN 46801-2227 M1 DEC 12/20 “Bear ye one another’s burdens and so fulfill the law of Christ.” — Galatians 6:2 Page 5 of 15 Optional Coverages: All Locations
Combined Ordinance or Law Enforcement Coverage
COVERAGE DESCRIPTION COVERAGE LIMIT DEDUCTIBLE FORM
Ordinance or Law A - Increased Building Loss $1,000,000 $5,000 BCP138B 4.5 Ordinance or Law B - Increased Debris Removal $500,000 $5,000 BCP138B 4.5 Ordinance or Law C - Increased Cost of Construction $500,000 $5,000 BCP138B 4.5 Organizational Optional Theft Coverage
COVERAGE DESCRIPTION COVERAGE LIMIT DEDUCTIBLE FORM
Theft of Money and Securities $25,000 $500 BCP36 4.5
Theft by Electronic Means $10,000 $500 BCP36 4.5
Theft by Coercion $10,000 ($30,000Annual Aggregate Limit)$500 BCP36 4.5 Ministry Personnel Dishonesty Coverage
COVERAGE DESCRIPTION COVERAGE LIMIT DEDUCTIBLE FORM
Personnel Dishonesty Coverage $100,000 N/ A BCP37A 4.5
Earnings and Donations and Extra Expense Coverage Part
Perils Part: See Peril T ype for the Property Described on the Schedule of Buildings and Personal Property That Sustains a Loss
COVERAGE DESCRIPTION COVERAGE LIMIT DEDUCTIBLE FORM
Earnings and Donations $1,000,000 N/ A BCP71 4.8
Extra Expense $600,000 N/ A BCP71 4.8
Water Damage - Flood, Backup, and Subsurface
COVERAGE DESCRIPTION COVERAGE LIMIT DEDUCTIBLE FORM
Water Damage-Flood, Back-up, and Subsurface $10,000 $5,000 BCP27CA 4.5 Sewer and Drain Back-up Extension
COVERAGE DESCRIPTION COVERAGE LIMIT DEDUCTIBLE FORM
Sewer/Drain Backup Extension See Building/Personal Property Limit $5,000 BCP135CA 4.1
NAMED INSURED Christ Episcopal Church in Alameda,
California
POLICY NUMBER 04M5A0494326
POLICY PERIOD 12/01/2023 at 12:01 a.m. to 12/01/2024 at 12:01 a.m.
Property Coverage Summary
MinistryFirst
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commercial multi-peril policy Declarations continued…
We provide the Commercial Property coverage at the declared premise(s) for the coverage and limits indicated. The Coverages listed here are provided according to the terms of the designated coverage form and any other applicable forms or endorsements.
Brotherhood Mutual Insurance Company www.brotherhoodmutual.com 800.333.3735 6400 Brotherhood Way, P.O. Box 2227, Fort Wayne, IN 46801-2227 M1 DEC 12/20 “Bear ye one another’s burdens and so fulfill the law of Christ.” — Galatians 6:2 Page 6 of 15 Systems / Equipment Breakdown Coverage
COVERAGE DESCRIPTION COVERAGE LIMIT DEDUCTIBLE FORM
Systems/Equipment Breakdown Coverage Building/Personal Property Limit $5,000 BSEB100 4.1 Rented Personal Property of Others Coverage
COVERAGE DESCRIPTION COVERAGE LIMIT DEDUCTIBLE FORM
Rented Personal Property of Others $10,000 $1,000 BCP12BCA 4.5 Interior Building Damage Coverage
COVERAGE DESCRIPTION COVERAGE LIMIT DEDUCTIBLE FORM
Interior Building Damage Coverage-Including Gutters/
Downspouts Coverage
$14,784,000 $5,000 BCP49 4.0
T errorism Loss Coverage
COVERAGE DESCRIPTION COVERAGE LIMIT DEDUCTIBLE FORM
Limited T errorism $14,784,000 $5,000 EX0621X 3.0
Additional Property Forms
FORM FORM NAME FORM FORM NAME
BCP85 4.8 Special Perils Part BCP0631CA 1.0 Amendatory Endorsement California BCP0832CA 1.0 Amendatory Endorsement-California BCP147 1.0 Blanket/Combined Valuation Form BCP188 4.5 Earth Movement Excl-Following Dmg. Ded. BCP500 4.5 Loss Free Deductible Reduction End BCP701CA 1.0 Appraisal Endorse Provision Amend - CA BCP915 4.0 Property Coverage Modification ACV Roof BN12V 1.0 Notice Regarding Building Valuation BN2567 1.0 Notice Water Damage/Flood Coverage CP0171 10 08 Exclusion Water Damage CP132 1.0 Loss Payable Options BCP12G 2.2 Building Glass Deductible EX0651X 3.0 NBC T errorism Exclusion Additional Interests
NAME TYPE LOAN NUMBER INTEREST ADDRESS
KBA Docusys, Inc. c/ o
Insurance Center
Loss Payee 41441703-1 Other: Canon IR
ADV C550401
Copier
PO Box 3886 Bellevue, WA 98009 -3886
NAMED INSURED Christ Episcopal Church in Alameda,
California
POLICY NUMBER 04M5A0494326
POLICY PERIOD 12/01/2023 at 12:01 a.m. to 12/01/2024 at 12:01 a.m.
Liability Coverage Summary
MinistryFirst
sm
commercial multi-peril policy Declarations continued…
The Coverages listed within these declarations are provided according to the terms of the designated coverage forms and any other applicable forms or endorsements. Only one liability coverage and one medical coverage will apply to an occurrence and any related loss. Any limit which is specifically stated within a coverage form or endorsement represents the most we will pay for the coverage to which such a limit applies. For application of limits, see Liability and Medical Coverage form (BGL11 4.5).
* Only a single limit applies to the loss. All coverage limits are subject to the general occurrence limit and all aggregate limits are subject to the general aggregate limit. + per person limit
Brotherhood Mutual Insurance Company www.brotherhoodmutual.com 800.333.3735 6400 Brotherhood Way, P.O. Box 2227, Fort Wayne, IN 46801-2227 M1 DEC 12/20 “Bear ye one another’s burdens and so fulfill the law of Christ.” — Galatians 6:2 Page 7 of 15 Key Liability Coverage Facts: Schedule of Limits
GENERAL OCCURRENCE LIMIT
GENERAL AGGREGATE LIMIT
$1,000,000
$10,000,000
Principal Liability Coverages
COVERAGE DESCRIPTIONS COVERAGE LIMIT COVERAGE AGGREGATE LIMIT FORM Bodily Injury/Property Damage Liability (L) $1,000,000* $10,000,000* GL100 1.0 Medical Payments (M) $10,000*+ $10,000,000* GL100 1.0
Products/Completed Work (N) $1,000,000* $10,000,000* GL100 1.0 Fire Legal Liability (O) $1,000,000* $10,000,000* BGL951 4.5 Supplemental Coverages
COVERAGE DESCRIPTIONS COVERAGE LIMIT COVERAGE AGGREGATE LIMIT FORM Incidental Contractual Liability $1,000,000* $10,000,000* GL100 1.0 Incidental Medical Malpractice $1,000,000* $10,000,000* GL100 1.0 Mobile Equipment $1,000,000* $10,000,000* GL100 1.0
Additional Coverages
COVERAGE DESCRIPTIONS COVERAGE LIMIT COVERAGE AGGREGATE LIMIT FORM Membership Emotional Injury Liability Coverage $1,000,000* $10,000,000* BGL51 4.5 Nursery/Child Care Corporal Punishment Liability $1,000,000* $10,000,000* BGL51 4.5 Supervision-Related Emotional Injury Liability Coverage $1,000,000* $10,000,000* BGL51 4.5 Food Preparation Liability Coverage $1,000,000* $10,000,000* BGL51 4.5 Privacy Violation Liability Coverage $1,000,000* $10,000,000* BGL51 4.5 Damage T o Property Of Others Coverage BGL51 4.5
Not in Y our Control $1,000*+ $10,000,000* BGL51 4.5
In Y our Control $2,500*+ $10,000,000* BGL51 4.5
Prosthetic Devices $500*+ $10,000,000* BGL51 4.5
Incidental Camper Medical Coverage $10,000* $10,000,000* BGL51 4.5 Additional Incidental Contractual Liability Coverage $1,000,000* $10,000,000* BGL51 4.5 Defense Coverage
Applies in addition to the liability limit unless otherwise specifically stated in an applicable coverage form.
NAMED INSURED Christ Episcopal Church in Alameda,
California
POLICY NUMBER 04M5A0494326
POLICY PERIOD 12/01/2023 at 12:01 a.m. to 12/01/2024 at 12:01 a.m.
Liability Coverage Summary
MinistryFirst
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commercial multi-peril policy Declarations continued…
The Coverages listed within these declarations are provided according to the terms of the designated coverage forms and any other applicable forms or endorsements. Only one liability coverage and one medical coverage will apply to an occurrence and any related loss. Any limit which is specifically stated within a coverage form or endorsement represents the most we will pay for the coverage to which such a limit applies. For application of limits, see Liability and Medical Coverage form (BGL11 4.5).
* Only a single limit applies to the loss. All coverage limits are subject to the general occurrence limit and all aggregate limits are subject to the general aggregate limit. + per person limit
Brotherhood Mutual Insurance Company www.brotherhoodmutual.com 800.333.3735 6400 Brotherhood Way, P.O. Box 2227, Fort Wayne, IN 46801-2227 M1 DEC 12/20 “Bear ye one another’s burdens and so fulfill the law of Christ.” — Galatians 6:2 Page 8 of 15 Cemetery Liability Coverage
COVERAGE DESCRIPTIONS COVERAGE LIMIT COVERAGE AGGREGATE LIMIT FORM Emotional Injury Liability Coverage $1,000,000* $10,000,000* BGL113 4.0 Emotional Injury/Burial Discrimination Liability Coverage $1,000,000* $10,000,000* BGL113 4.0 Financial Loss to Others Coverage $3,500+, $35,000 per
occurrence
$10,000,000* BGL113 4.0
Damage to Property of Others Coverage $2,500+, $50,000 per occurrence
$10,000,000* BGL113 4.0
Medical Coverage Extension - Clergy Accidental Death
COVERAGE DESCRIPTIONS PASTORS COVERAGE LIMIT PER ACCIDENT LIMIT FORM Broadened Clergy Accidental Death Benefit 3 $25,000*+ $150,000* BGL998B 1.0 Counseling Acts Liability Coverage
COVERAGE DESCRIPTIONS COVERAGE LIMIT COVERAGE AGGREGATE LIMIT FORM Counseling Acts Liability Coverage $1,000,000* $10,000,000* BGL63 4.1 Outside Counseling Reimbursement Coverage $5,000+ $10,000,000* BGL63 4.1 Cyber Liability Coverage
COVERAGE DESCRIPTIONS COVERAGE LIMIT COVERAGE AGGREGATE LIMIT FORM Computer Use Liability Coverage $200,000* $2,000,000* BGL87CA 4.5 Electronic Commerce Liability Coverage $200,000* $2,000,000* BGL87CA 4.5 Data Breach Liability Coverage $200,000* $2,000,000* BGL87CA 4.5 Outsourced IT Liability Coverage $200,000* $2,000,000* BGL87CA 4.5 Special Reimbursement Coverage (Data Breach Rectification Costs)
$50,000 $50,000 BGL87CA 4.5
Special Reimbursement Coverage (Electronic Discovery Costs) $20,000 $20,000 BGL87CA 4.5 Special Defense Coverage (Subpoenas, Regulatory Actions and Injunctive)
$20,000 $20,000 BGL87CA 4.5
Defense Reimbursement Coverage
COVERAGE DESCRIPTIONS COVERAGE LIMIT COVERAGE AGGREGATE LIMIT FORM Covered Lawsuit Proceeding (Proceeding Limit) $50,000 $100,000 BGL89CA 4.8 Law Enforcement Inquiry (Inquiry Limit) $10,000 $30,000 BGL89CA 4.8
NAMED INSURED Christ Episcopal Church in Alameda,
California
POLICY NUMBER 04M5A0494326
POLICY PERIOD 12/01/2023 at 12:01 a.m. to 12/01/2024 at 12:01 a.m.
Liability Coverage Summary
MinistryFirst
sm
commercial multi-peril policy Declarations continued…
The Coverages listed within these declarations are provided according to the terms of the designated coverage forms and any other applicable forms or endorsements. Only one liability coverage and one medical coverage will apply to an occurrence and any related loss. Any limit which is specifically stated within a coverage form or endorsement represents the most we will pay for the coverage to which such a limit applies. For application of limits, see Liability and Medical Coverage form (BGL11 4.5).
* Only a single limit applies to the loss. All coverage limits are subject to the general occurrence limit and all aggregate limits are subject to the general aggregate limit. + per person limit
Brotherhood Mutual Insurance Company www.brotherhoodmutual.com 800.333.3735 6400 Brotherhood Way, P.O. Box 2227, Fort Wayne, IN 46801-2227 M1 DEC 12/20 “Bear ye one another’s burdens and so fulfill the law of Christ.” — Galatians 6:2 Page 9 of 15 Directors and Officers Liability Coverage
COVERAGE DESCRIPTIONS COVERAGE LIMIT COVERAGE AGGREGATE LIMIT FORM Directors and Officers Leadership Liability Coverage $1,000,000* $10,000,000* BGL81BCA 4.5 Benefits Administration Liability Coverage
COVERAGE DESCRIPTIONS COVERAGE LIMIT COVERAGE AGGREGATE LIMIT FORM Employee Benefit/Fiduciary Liability Coverage $1,000,000 $10,000,000 BGL83B 4.1 (Medical Expense Limit) $500,000* $1,000,000* BGL83B 4.1 Limited Fiduciary Penalties Coverage $250,000* $500,000* BGL83B 4.1 Incidental Investment Counseling Coverage $500,000* $500,000* BGL83B 4.1 Employment Practices ("Employment Pract") Liability Coverage
COVERAGE DESCRIPTIONS COVERAGE LIMIT COVERAGE AGGREGATE LIMIT FORM Employment-Related Liability Coverage $1,000,000* $10,000,000* BGL85 4.5 Fire Legal/Nonowned Property Damage Liability Coverage
COVERAGE DESCRIPTIONS COVERAGE LIMIT COVERAGE AGGREGATE LIMIT FORM Nonowned Property Damage Liability Coverage $1,000,000* $10,000,000* BGL951 4.5 Additional Incidental Contractual Liability Coverage $1,000,000* $10,000,000* BGL951 4.5 Legal Aid Coverage
COVERAGE DESCRIPTIONS COVERAGE LIMIT COVERAGE AGGREGATE LIMIT FORM Legal Aid Liability Coverage $500,000* $500,000* BGL236 1.0 Special Defense Coverage $100,000* $100,000* BGL236 1.0
NAMED INSURED Christ Episcopal Church in Alameda,
California
POLICY NUMBER 04M5A0494326
POLICY PERIOD 12/01/2023 at 12:01 a.m. to 12/01/2024 at 12:01 a.m.
Liability Coverage Summary
MinistryFirst
sm
commercial multi-peril policy Declarations continued…
The Coverages listed within these declarations are provided according to the terms of the designated coverage forms and any other applicable forms or endorsements. Only one liability coverage and one medical coverage will apply to an occurrence and any related loss. Any limit which is specifically stated within a coverage form or endorsement represents the most we will pay for the coverage to which such a limit applies. For application of limits, see Liability and Medical Coverage form (BGL11 4.5).
* Only a single limit applies to the loss. All coverage limits are subject to the general occurrence limit and all aggregate limits are subject to the general aggregate limit. + per person limit
Brotherhood Mutual Insurance Company www.brotherhoodmutual.com 800.333.3735 6400 Brotherhood Way, P.O. Box 2227, Fort Wayne, IN 46801-2227 M1 DEC 12/20 “Bear ye one another’s burdens and so fulfill the law of Christ.” — Galatians 6:2 Page 10 of 15 Media Liability Coverage
COVERAGE DESCRIPTIONS COVERAGE LIMIT COVERAGE AGGREGATE LIMIT FORM Personal Injury Liability Coverage (Media/Communications Activity)
$1,000,000* $10,000,000* BGL41 1.0
Personal Injury Liability Coverage (Personal Violations) $1,000,000* $10,000,000* BGL41 1.0 Personal Injury Liability Coverage (Unauthorized Access/ Posting)
$1,000,000* $10,000,000* BGL41 1.0
Special Defense Coverage (Alleged Intentional Acts) $1,000,000* $10,000,000* BGL41 1.0 Medical Coverage
COVERAGE DESCRIPTIONS COVERAGE LIMIT COVERAGE AGGREGATE LIMIT FORM Religious Athletic Medical Coverage $10,000*+ $10,000,000* BGL91 4.5 Nonowned Vehicle Coverage
COVERAGE DESCRIPTIONS COVERAGE LIMIT COVERAGE AGGREGATE LIMIT FORM Nonowned Vehicle Liability Coverage $1,000,000* $10,000,000* BGL71B 4.0 Defense Coverage: Authorized Operator $1,000,000* $10,000,000* BGL71B 4.0 Nonowned Vehicle Medical Payments Extension $10,000*+ $150,000* BGL71B 4.0 Loss of Use Coverage $1,500 per vehicle $3,000* BGL71B 4.0 T rip Occupant Coverage $1,000*+ $10,000,000* BGL71B 4.0 Damage to Property of Others $1,000* $10,000,000* BGL71B 4.0 Nonowned Vehicle Deductible Reimbursement Coverage $1,000* $10,000,000* BGL71B 4.0 Rental Vehicle Physical Damage Coverage $90,000 per vehicle, $250 deductible
$180,000* BGL777 3.0
NAMED INSURED Christ Episcopal Church in Alameda,
California
POLICY NUMBER 04M5A0494326
POLICY PERIOD 12/01/2023 at 12:01 a.m. to 12/01/2024 at 12:01 a.m.
Liability Coverage Summary
MinistryFirst
sm
commercial multi-peril policy Declarations continued…
The Coverages listed within these declarations are provided according to the terms of the designated coverage forms and any other applicable forms or endorsements. Only one liability coverage and one medical coverage will apply to an occurrence and any related loss. Any limit which is specifically stated within a coverage form or endorsement represents the most we will pay for the coverage to which such a limit applies. For application of limits, see Liability and Medical Coverage form (BGL11 4.5).
* Only a single limit applies to the loss. All coverage limits are subject to the general occurrence limit and all aggregate limits are subject to the general aggregate limit. + per person limit
Brotherhood Mutual Insurance Company www.brotherhoodmutual.com 800.333.3735 6400 Brotherhood Way, P.O. Box 2227, Fort Wayne, IN 46801-2227 M1 DEC 12/20 “Bear ye one another’s burdens and so fulfill the law of Christ.” — Galatians 6:2 Page 11 of 15 Relief Activity Additional Coverages
COVERAGE DESCRIPTIONS COVERAGE LIMIT COVERAGE AGGREGATE LIMIT FORM Emotional Injury and Financial Damage Liability $1,000,000* $10,000,000* BGL994 1.0 Additional Medical Expense Coverage $50,000+,$250,000 per occurrrence
$10,000,000 BGL994 1.0
Broadened Wage Loss Reimbursement Coverage $10,000+, $50,000 per occurrence
$10,000,000 BGL994 1.0
Damage to Relief Worker's T ools and Equipment Coverage $2,500+, $10,000 per occurrence
$10,000,000 BGL994 1.0
Primary Liability Coverage for Relief Workers $1,000,000* $10,000,000* BGL994 1.0 Religious Freedom Protection Coverage
COVERAGE DESCRIPTIONS COVERAGE LIMIT COVERAGE AGGREGATE LIMIT FORM Religious Communication Liability Coverage $1,000,000* $10,000,000* BGL66CA 1.2 Religious Activity Liability Coverage $1,000,000* $10,000,000* BGL66CA 1.2 Discriminatory Acts Liability Coverage $1,000,000* $10,000,000* BGL66CA 1.2 T ax Exempt Challenge: Expense Reimbursement Coverage $25,000* $25,000* BGL66CA 1.2 Litigation Activity: Legal Defense Reimbursement Coverage See form See form BGL66CA 1.2 Litigation Activity: Declaratory Action Reimbursement Coverage See form See form BGL66CA 1.2 Security Operations Coverage
COVERAGE DESCRIPTIONS COVERAGE LIMIT COVERAGE AGGREGATE LIMIT FORM Additional Medical Expense Coverage $50,000*+ $250,000* BGL993 4.0 Broadened Wage Loss Reimbursement Coverage (Emotional
Injury)
$10,000*+ $50,000* BGL993 4.0
Individual Counseling Coverage $10,000*+ $50,000* BGL993 4.0 Damage to Security-Related Equipment $2,500*+ $10,000* BGL993 4.0 Primary Coverage for Specified Individuals See Form See Form BGL993 4.0 Enforcement of Security Policy or Weapons Policy $1,000,000* $1,000,000* BGL993 4.0 Negligent Infliction of Emotional Distress Arising from Security Operations
$1,000,000* $1,000,000* BGL993 4.0
NAMED INSURED Christ Episcopal Church in Alameda,
California
POLICY NUMBER 04M5A0494326
POLICY PERIOD 12/01/2023 at 12:01 a.m. to 12/01/2024 at 12:01 a.m.
Liability Coverage Summary
MinistryFirst
sm
commercial multi-peril policy Declarations continued…
The Coverages listed within these declarations are provided according to the terms of the designated coverage forms and any other applicable forms or endorsements. Only one liability coverage and one medical coverage will apply to an occurrence and any related loss. Any limit which is specifically stated within a coverage form or endorsement represents the most we will pay for the coverage to which such a limit applies. For application of limits, see Liability and Medical Coverage form (BGL11 4.5).
* Only a single limit applies to the loss. All coverage limits are subject to the general occurrence limit and all aggregate limits are subject to the general aggregate limit. + per person limit
Brotherhood Mutual Insurance Company www.brotherhoodmutual.com 800.333.3735 6400 Brotherhood Way, P.O. Box 2227, Fort Wayne, IN 46801-2227 M1 DEC 12/20 “Bear ye one another’s burdens and so fulfill the law of Christ.” — Galatians 6:2 Page 12 of 15 T raumatic Incident Response Coverage
COVERAGE DESCRIPTIONS COVERAGE LIMIT COVERAGE AGGREGATE LIMIT FORM Additional Medical Expense Coverage $50,000*+ $1,000,000* BGL991D 4.1 Broadened Wage Loss Reimbursement Coverage (Including
Emotional Injury)
See form $1,000,000* BGL991D 4.1
Individual Counseling Coverage $10,000*+ $1,000,000* BGL991D 4.1 Additional Organizational Expense $500,000* $1,000,000* BGL991D 4.1 Worldwide Liability Extension Coverage
Extended Foreign Ministry Operations- Excluded
COVERAGE DESCRIPTIONS COVERAGE LIMIT COVERAGE AGGREGATE LIMIT FORM Short-T erm T rip Limited Kidnap and Extortion Expense
Reimbursement Coverage
See Form See Form BGL112 1.0
Short-T erm Foreign T rip T errorism-Related T ravel Interruption Reimbursement
See Form See Form BGL112 1.0
Short-T erm Foreign T rip Death Reimbursement Coverage For Y our Leaders
See Form See Form BGL112 1.0
Foreign Operations Image Restoration Extension See Form See Form BGL112 1.0 Expanded Medical Coverage For Foreign Ministry Participants See Form See Form BGL112 1.0 Wage Reimbursement Coverage
COVERAGE DESCRIPTIONS COVERAGE LIMIT COVERAGE AGGREGATE LIMIT FORM Wage Loss Reimbursement Coverage $3,500+ $35,000 per occurrence BGL99 4.0
NAMED INSURED Christ Episcopal Church in Alameda,
California
POLICY NUMBER 04M5A0494326
POLICY PERIOD 12/01/2023 at 12:01 a.m. to 12/01/2024 at 12:01 a.m.
Liability Coverage Summary
MinistryFirst
sm
commercial multi-peril policy Declarations continued…
The Coverages listed within these declarations are provided according to the terms of the designated coverage forms and any other applicable forms or endorsements. Only one liability coverage and one medical coverage will apply to an occurrence and any related loss. Any limit which is specifically stated within a coverage form or endorsement represents the most we will pay for the coverage to which such a limit applies. For application of limits, see Liability and Medical Coverage form (BGL11 4.5).
* Only a single limit applies to the loss. All coverage limits are subject to the general occurrence limit and all aggregate limits are subject to the general aggregate limit. + per person limit
Brotherhood Mutual Insurance Company www.brotherhoodmutual.com 800.333.3735 6400 Brotherhood Way, P.O. Box 2227, Fort Wayne, IN 46801-2227 M1 DEC 12/20 “Bear ye one another’s burdens and so fulfill the law of Christ.” — Galatians 6:2 Page 13 of 15 Sexual Acts Liability Coverage
COVERAGE DESCRIPTIONS COVERAGE LIMIT COVERAGE AGGREGATE LIMIT FORM Sexual Acts Liability Coverage With Screening $1,000,000* $2,000,000* BGL61 4.7 Sexual Harassment Liability Coverage (other than your
employees)
$1,000,000* $2,000,000* BGL61 4.7
Improper Reporting of Sexual Acts Liability Coverage $1,000,000* $2,000,000* BGL61 4.7 Improper Supervision of Convicted Sexual Offenders Liability Coverage
$1,000,000* $2,000,000* BGL61 4.7
Outside Counseling Reimbursement Coverage $5,000*+ $100,000* BGL61 4.7 Sexual Acts Medical Payment Extension $10,000*+ $100,000* BGL61 4.7 Image Restoration Extension $10,000* $2,000,000* BGL61 4.7 Redemptive Employment/ Appointment $300,000* $300,000* BGL613 4.5 Schedule of Liability Exposures
In issuing this policy, we have relied on material information provided to us by the Named Insured. The following schedule discloses all of the insured’s insurable exposures (as conveyed by the Named Insured) known to exist at the policy inception date. Declared premises must be owned, occupied, or rented by you or your scheduled related organizations.
EXPOSURE DESCRIPTIONS ADDRESS / BUILDING DESCRIPTION CODE RATING BASIS Dwellings - One-Family Location 2 Building 1 Rental 01001 1 Each Food Pantry Location 1 Building 2 Fellowship 05813 500 Square Feet Church Location 1 Building 1 MultiPurp 08101 18,050 Square Feet Location 1 Building 2 Fellowship 3,625 Square Feet
Family Shelter Location 1 Building 2 Fellowship 15402 3,625 Square Feet Building or Premises - Lessor's Risk - NOC Location 1 Building 1 MultiPurp 17703 1,500 Square Feet Building or Premises - Lessor's Risk - NOC Location 1 Building 2 Fellowship 17703 4,300 Square Feet Outreach Ministry 30130 1 # items/ activities
Outreach Ministry 1700 Santa Clara Ave Alameda CA 94501-2515 30130 1 # items/ activities Playgrounds 1700 Santa Clara Ave Alameda CA 94501-2515 30320 1 Each Outdoor Athletic Fields or Courts 1700 Santa Clara Ave Alameda CA 94501-2515 30320 2 Each Pastoral Counseling 3 Pastor(s)
Special Events
NAMED INSURED Christ Episcopal Church in Alameda,
California
POLICY NUMBER 04M5A0494326
POLICY PERIOD 12/01/2023 at 12:01 a.m. to 12/01/2024 at 12:01 a.m.
Liability Coverage Summary
MinistryFirst
sm
commercial multi-peril policy Declarations continued…
The Coverages listed within these declarations are provided according to the terms of the designated coverage forms and any other applicable forms or endorsements. Only one liability coverage and one medical coverage will apply to an occurrence and any related loss. Any limit which is specifically stated within a coverage form or endorsement represents the most we will pay for the coverage to which such a limit applies. For application of limits, see Liability and Medical Coverage form (BGL11 4.5).
* Only a single limit applies to the loss. All coverage limits are subject to the general occurrence limit and all aggregate limits are subject to the general aggregate limit. + per person limit
Brotherhood Mutual Insurance Company www.brotherhoodmutual.com 800.333.3735 6400 Brotherhood Way, P.O. Box 2227, Fort Wayne, IN 46801-2227 M1 DEC 12/20 “Bear ye one another’s burdens and so fulfill the law of Christ.” — Galatians 6:2 Page 14 of 15 High Hazard Activities
For details regarding how these coverage limits will apply, see the How Much We Pay section of the High Hazard Activities Coverage Limits Form (BGL-21).
ACTIVITY DESCRIPTION MEDICAL LIMIT OCCURRENCE LIMIT COVERAGE AGGREGATE LIMIT FORM Skate Park Operations $0 per person $100,000 $1,000,000 BGL21 4.1 Fireworks Sales $0 per person $100,000 $1,000,000 BGL21 4.1 Fireworks Display $0 per person $100,000 $1,000,000 BGL21 4.1 Construction Oversight $0 per person $100,000 $1,000,000 BGL21 4.1 Other Liability and Medical Forms
FORM FORM NAME FORM FORM NAME
BGL100A1 2.2 Commercial Liability Endorsement BGL11 4.5 Liability And Medical Coverage Form BGL152 1.0 Additional Insured Endorsement EX220CA 1.0 CA Infectious Disease Liability Exclus EX909 1.0 Asbestos Exposure Exclusion GL0363 08 06 Amendatory Endorsement California GL0950 12 99 Known Injury or Damage Amendments GL890 1.0 Lead Liability Exclusion BGL939AISP 1.0 Provision Modification-Excess Liability BGL978 4.1 Coverage Extension Veh-rented w/ driver BN998 1.0 Clergy Accidental Death Medical Ext EX0261X 3.0 T errorism Exclusion EX0281X 3.1 NBC T errorism Exclusion
Additional Insureds
NAME LOAN/REFERENCE NUMBER INTEREST ADDRESS
Alameda Emergency Food Bank,
Additional Insured
Other: Food
Bank
1900 Thau Way Alameda, CA 94501
City of Alameda, Additional
Insured
Other: Family
Shelter
Program
2263 Santa Clara Ave Alameda, CA 94501
NAMED INSURED Christ Episcopal Church in Alameda,
California
POLICY NUMBER 04M5A0494326
POLICY PERIOD 12/01/2023 at 12:01 a.m. to 12/01/2024 at 12:01 a.m.
Commercial Excess Liability Supplemental Coverage Summary MinistryFirst
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commercial multi-peril policy Declarations continued…
In return for the payment of the premium, and subject to all the terms of the policy, we agree with you to provide the insurance as stated in the Excess/Umbrella Liability Coverage endorsement BGL939 4.7.
Brotherhood Mutual Insurance Company www.brotherhoodmutual.com 800.333.3735 6400 Brotherhood Way, P.O. Box 2227, Fort Wayne, IN 46801-2227 M1 DEC 12/20 “Bear ye one another’s burdens and so fulfill the law of Christ.” — Galatians 6:2 Page 15 of 15 Key Excess Liability Coverage Facts
NAME OF INSURED
ADDRESS
EXCESS LIABILITY POLICY PERIOD
EXCESS LIABILITY ANNUAL PREMIUM
Christ Episcopal Church in Alameda, California
1700 Santa Clara Ave, Alameda, CA 94501-2515
12/1/2023 to 12/1/2024 at 12:01 a.m. at the location listed above $3,450
Excess Liability Coverage - Limit of Insurance
Coverage Limit (per Occurrence)
Coverage Aggregate Limit
Deductible/Retention
$4,000,000
$4,000,000
N/ A
Optional Excess Coverage Information
COVERAGE STATUS LIMIT
Directors and Officers Liability Coverage Included $4,000,000 Sexual Acts Liability Coverage Included $1,000,000
Employment Practices Liability Coverage Excluded N/ A
Cyber Liability Coverage Excluded N/ A
Benefits Administration Liability Coverage Excluded N/ A Optional Coverage Limits are the same as the Excess Liability “per Occurrence” and Aggregate limits shown above, unless otherwise specified.
Schedule of Underlying Insurance
TYPE INSURER POLICY PERIOD POLICY NUMBER LIMITS OF LIABILITY General Liability Brotherhood Mutual Insurance Company 12/01/2023 - 12/01/2024 04M5A0494326 $1,000,000 Occ/$10,000,000 Agg Employer's Liability Liberty Mutual See applicable declarations page. 0000000 $1000000/$1000000/$1000000
INSURED NAME: Christ Episcopal Church in Alameda,
California
POLICY NUMBER: 04M5A0494326
AGENCY NAME: Churchwest Insurance Services
AGENCY NUMBER: 4002-013
DATE: 10/19/2023
Administrative Form INCHG1, August 2015 Page 1 of 1
Dear Policyholder:
The purpose of this letter is to inform you that one or more changes will take effect on 12/01/2023, the renewal of your ministry policy.
In some cases, the effects of these policy changes will mean enhanced coverage, while in other cases, limits, conditions, exclusions, and limitations may narrow the scope of certain coverages when compared to your prior policy. Following are the names of the coverage forms that have either been added or removed from your policy.** Please review your declarations page for changes in the policy values, deductibles, and premium.
NEW FORMS
EX220CA 1.0 CA Infectious Disease Liability Exclusion - Public Health Emergencies BCP915 4.0 Actual Cash Value Coverage Relating T o Roof Structures BN2B 1.1 Notice to our Policyholder
REPLACEMENT FORMS
BCP71 4.8 Earnings And Donations And Extra Expense Coverage Part BGL89CA 4.8 Legal Liability Defense Reimbursement Coverage - Religious And Not-For-Profit Organizations -
BCP85 4.8 Special Perils Part
Please read your policy carefully.
Y our Brotherhood Mutual agent will be pleased to address any questions you may have concerning your policy. Y ou may contact your agent at 909-307-8500. If you have any questions, you may contact our customer service department at 1-800-333-3735. Thank you for trusting us with your ministry. **NOTE: No coverage of any kind is provided by this notice. This Summary of Important Changes does not in any way replace any provision of your policy, nor is every change in your policy listed above. All insurance coverage is subject to conditions, coverage limits, limitations, and ex clusions. For precise details of coverage, please refer to your actual policy. While our company's goal is to provide ongoing insurance protection to ministry organizations, changes in company operations, the regulatory or insurance environment, or significant loss experience can result in policy revision or policy termination.
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This policy provides primary liability
coverage to you, your leaders and your
employees, subject to the applicable terms of
coverage. While liability coverage for appointed
persons and volunteers is typically provided on
an excess basis, the above Provision
Modification makes the applicable coverages of
this policy primary for designated ministry
volunteers.
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04M5A0494326
BGL-939 (4.7) Copyright, 2020 Brotherhood Mutual Insurance Co. Page 1 of 9 All Rights Reserved
The Additional Coverage of this Excess Liability Coverage Endorsement is subject to all of the terms of this policy and to all of the terms of this endorsement. This endorsement is attached to and made part of the policy.
Attachment of this form to the policy will not convert the policy into an auto policy. This coverage is strictly excess to any other insurance or coverage of any kind.
THIS INSURANCE ENDORSEMENT FORMS PART OF YOUR POLICY CONTRACT.
PLEASE READ IT CAREFULLY.
MINISTRY OPERATIONS
EXCESS/UMBRELLA LIABILITY COVERAGE
- RELIGIOUS AND NOT-FOR-PROFIT ORGANIZATIONS -
This policy acts as Umbrella Coverage, in that it provides the protection specified herein over all of your qualified underlying policies. Words or phrases in this endorsement that are in bold typeface are defined in this policy in the Commercial Liability Coverage Form (GL-100), the Liability and Medical Coverage Form (BGL-11), or in this endorsement.
AGREEMENT
We provide the Excess Liability Coverage described
in this endorsement, but only if Excess/Umbrella
Liability coverage is properly designated in the
declarations of this policy, and only if you are a
religious or not-for-profit organization.
ADDITIONAL COVERAGE
EXCESS LIABILITY COVERAGE
We pay all sums which a qualified covered person
becomes legally obligated to pay as damages due to
loss to which this coverage applies, but only if such
loss is covered by a qualified underlying policy .
The event or events causing the covered loss:
a. must arise out of your religious or not-for-
profit activity; and
b. must be an occurrence taking place in the
coverage territory during the policy period.
The Additional Coverage of this endorsement does
not apply to any loss that is not covered by a liability coverage of a qualified underlying policy, nor does
it apply to any defense-only coverage that may be
provided by such policy.
The Additional Coverage of this endorsement is also
strictly subject to all exclusions, limits, limitations and other terms of this endorsement.
DROP-DOWN LIABILITY EXTENSION
We will extend the Excess Liability Additional
Coverage of this endorsement to you and your
leaders if:
a. an underlying insurer becomes insolvent, has
exhausted an aggregate limit, or is otherwise
unable to make payment under a qualified
underlying policy that would otherwise have
paid for a loss; and
b. no other liability coverage applies to the
loss; and
c. the loss is covered by the Excess Liability
Coverage of this endorsement.
No deductible or self-insured retention will apply to
this Excess Liability Coverage Extension.
DEFINITIONS
Each of the words or phrases defined in the Definition
section of the Commercial Liability Coverage Form
(GL-100) and the Liability and Medical Coverage
Form (BGL-11), apply to this endorsement unless
otherwise modified herein. The following definitions
apply only to the Additional Coverage and Extension
of this endorsement.
1. Computer-related harm means a computer
use error, data breach error, or electronic
commerce error.
04M5A0494326
BGL-939 (4.7) Copyright, 2020 Brotherhood Mutual Insurance Co. Page 2 of 9 All Rights Reserved
2. Computer use error means:
a. the unintended transmission of any computer
virus or other program that is harmful to
computer hardware, software, program, data
or network connection; or
b. the unauthorized use of your computer
equipment, computer programs or web site
for the purpose of interfering with, or causing
the destruction of, another person’s or
entity’s computer hardware, software,
program, data, web site, social media site, or
network connection; or
c. computer-related activity undertaken by any
qualified covered person that inadvertently
results in the network failure or systems
failure of a third-party organization or
enterprise; or
d. computer-related activity, including the
posting of online content, web site design or
modification, creation of metadata, blog
creation and postings, online rating activity or
other computer-related activity undertaken by
any qualified covered person that
inadvertently results in financial harm to:
(1) an individual other than a qualified
covered person;o r
(2) a third-party organization or enterprise.
More than one such related error, or series of
related errors, incidents or events will be
considered a single computer use error.
3. Data breach error means the:
a. improper use of; or
b. failure to properly protect; or
c. partial or total loss of;
any personal information that is obtained,
conveyed or stored electronically by you. Data
breach error also includes electronic
communication or activity that constitutes a
personal rights breach , but data breach error
does not include any:
(1) data loss sustained by; or
(2) data breach permitted by, committed by or
allowed to occur by;
any web service provider.
4. Electronic commerce activity means engaging
in online interactions that are undertaken through
a web site, social media site, mobile device
application or similar online platform, but only if
the interaction involves an online financial
transaction. Such activity includes:
a. offering a retail product or service to online
customers; and
b. soliciting/receiving charitable donations from
others through a web site; and
c. engaging in online business transactions with
vendors, suppliers, merchants or other
business enterprises.
Electronic commerce activity includes
solicitation of customers or donors, transaction
processing, order fulfillment, data collection,
customer support and similar functions that are
undertaken as part of your online commerce
activity.
5. Electronic commerce error means an error or
series of errors that arise out of electronic
commerce activity, including errors involving:
a. the electronic transfer of any funds into or out
of any savings, checking or other bank or
financial institution account; or
b. the transmission of any credit card or debit
card information through any web site or
other electronic communication network; or
c. facilitating the unauthorized use of any credit
card, debit card, online money transfer
account, electronic funds transfer account,
automated online banking account or similar
electronic payment method; or
d. any other unauthorized or improper
electronic transmission of funds, or the
electronic transmission of information
providing access to funds.
6. Fungus means any type of fungus organism
including, but not limited to, any form or type of
mold, yeast, mildew, mushroom, toadstool, smut,
or rust. The term fungi is the plural of fungus.
7. Liability coverage means a coverage intended
to pay sums that you become legally obligated to
pay as damages to another person or entity.
8. Personal information means bank account
information, credit card information, debit card
information, social security numbers, dates of
04M5A0494326
BGL-939 (4.7) Copyright, 2020 Brotherhood Mutual Insurance Co. Page 3 of 9 All Rights Reserved
birth, access passwords, digital identity,
employment information or similar personal
information.
9. Personal rights breach means the posting,
publication, communication or depiction of
material or information that:
a. violates the person's right of privacy; or
b. breaches the person’s expectation of
confidentiality.
10. Qualified covered person means:
a. with respect to any Principal, Supplemental,
or Additional Coverage of this policy, any
person or entity who is covered as an
insured or as a covered person in the
applicable underlying coverage; and
b. with respect to any other qualified
underlying policy , only you and your
leaders, and only if covered by the
underlying policy.
But qualified covered person does not include
Additional Insured persons or entities.
11. Qualified underlying policy means only the
following:
a. the Commercial Liability Coverages provided
to you by this policy, (exclusive of the
coverage provided by this endorsement), but
only if the applicable liability coverage has
a coverage limit of $1,000,000 or more; and
b. a Commercial Automobile Policy, if any, in
which you are listed as the Named Insured, if
any, but only if the liability limit (per accident
or combined single limit) is $1,000,000 or
more; and
c. an Employer Liability Policy/Coverage,
(relating to bodily injury or disease of your
employee), if any, in which you are listed as
the Named Insured, but only if the liability
limit is $100,000 or more.
To be a qualified underlying policy , the policy
must also be listed in the Schedule of Underlying
Insurance on the Commercial Excess Liability
Supplemental Declarations of this policy.
12. Spore means any reproductive body produced
by or arising out of any fungus or fungi. The
term spores is the plural of spore.
13. Third-party means a person or entity:
a. that is not a qualified covered person; and
b. that you do not own, operate, manage or
control.
14. Unmanned aerial vehicle means an aircraft that
is not intended, produced, or altered after its
production to:
a. be controlled or operated by a person from
aboard the aircraft; or
b. to hold passengers aboard the aircraft.
15. Web service provider means an entity that
offers or delivers any of the following services
through an electronic network (e.g. the internet)
to multiple individuals, organizations or clients:
a. infrastructure as a service; or
b. platform as a service; or
c. software as a service; or
d. financial transaction services; or
e. content management services; or
f. other similar internet-related services.
EXCLUSIONS
Each of the exclusions of the qualified underlying
policy will apply to the Additional Coverage and
Extension provided by this endorsement. If coverage
is excluded under the terms of a qualified
underlying policy , then no payment will be made
under this excess liability endorsement. The following
modifications apply to the Additional Coverage and
Extension of this endorsement.
1. Exclusion 21 of the Additional Exclusions That
Apply to All Coverages section of the Liability and
Medical Coverage Form (BGL-11) is deleted to
the extent that coverage is otherwise provided
herein.
2. Exclusion 6 of the Exclusions section of the
Liability and Medical Coverage Form (BGL-11)
[which replaces and supersedes Exclusion 6 of
the Exclusions that Apply to Bodily Injury and
Property Damage section of the Commercial
Liability Form (GL-100)] is deleted to the extent
that coverage is otherwise provided herein, but
only with respect to autos/conveyances that are
covered by a qualified underlying policy.
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The following exclusions apply to the Additional
Coverage and Extension of this endorsement.
1. The Additional Coverage of this endorsement
does not apply to any actual or alleged financial
damage, or to any act(s), error(s), omission(s),
decision(s), incident(s) or event(s) of any kind out
of which such financial damage may arise. But if
Directors and Officers Liability Coverage:
a. is properly included as part of a qualified
underlying policy; and
b. has a coverage limit of $1,000,000 or more in
the underlying policy; and
c. is shown as included on the Commercial
Excess Liability Supplemental Declarations;
then the Excess Liability Coverage of this
endorsement will apply if the financial damage
is otherwise covered under the Directors and
Officers Liability Coverage of the qualified
underlying policy . This optional coverage, if
included, will be subject to the limit stated in the
Excess Liability Supplemental Declarations for
Directors and Officers Coverage.
2. We do not pay for loss of any kind:
a. On behalf of any person or entity that is in
the business (or occupation) of providing
medical, nursing, home care, health care,
hospice or similar care if such loss arises
directly or indirectly out of or in connection
with the rendering of, or failure to render, any
medical treatment, medical attention, or
medical services of any kind; or
b. Arising directly or indirectly out of or in
connection with any: (1) residential nursing
care facility; (2) nursing home facility; or (3)
other facility that provides adult residents
with health care services or that dispenses
any medication. Nor do we pay for any loss
sustained by any resident of, guest of, or
visitor to, any such facility owned or operated
by you.
This exclusion does not apply, however, to your
liability arising from nursing activity undertaken in
connection with your organization if your
organization is not in the business of providing
medical care of any kind and such nursing
activity is incidental to your operations.
3. We do not pay for loss of any kind arising directly
or indirectly out of or in connection with any
actual or alleged sexual act of any kind, or any
counseling act out of which any sexual act
should arise. But if Sexual Acts Liability
Coverage:
a. is properly included as part of a qualified
underlying policy; and
b. has a coverage limit of $1,000,000 or more in
the underlying policy; and
c. is shown as included on the Commercial
Excess Liability Supplemental Declarations;
then the Excess Liability Coverage of this
endorsement will apply if the loss is otherwise
covered under the Sexual Acts Liability Coverage
of the qualified underlying policy. This optional
coverage, if included, will be subject to the
coverage limit stated in the Excess Liability
Supplemental Declarations for Sexual Acts
Coverage.
4. We do not pay for loss of any kind sustained by
an employee of:
a. an insured; or
b. any related organization/operation; or
c. any organization whose leaders report
directly or indirectly to any insured;
whether or not such employee is acting in the
course and scope of employment at the time of
loss. Nor do we pay for loss of any kind
sustained by any job applicant of a. through c.
above. But if Employment Practices Liability
Coverage:
a. is properly included as part of a qualified
underlying policy; and
b. has a coverage limit of $1,000,000 or more in
the underlying policy; and
c. is shown as included on the Commercial
Excess Liability Supplemental Declarations;
then the Excess Liability Coverage of this
endorsement will apply to loss sustained by your
direct employees if such loss is otherwise
covered under the Employment Practices Liability
Coverage of the qualified underlying policy .
This optional coverage, if included, will be subject
to the coverage limit stated in the Excess Liability
Supplemental Declarations for Employment
Practices Coverage.
This exclusion does not apply, however, to
bodily injury of an employee whose bodily
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injury is covered by your qualified underlying
policy that provides Employer Liability (Workers’
Compensation Part 2) coverage.
5. We do not pay for any fines or noncompensatory
penalties or for any exemplary or punitive
damages awarded in any legal proceeding or
assessed by any local, state, or federal agency.
6. We do not pay for loss of any kind to which any
automobile no-fault, uninsured motorist,
underinsured motorist or similar law or coverage
applies, nor do we pay for loss arising directly or
indirectly out of or in connection with any for-
profit or not-for-profit automobile service,
maintenance, or repair operation of any kind.
7. We do not pay for loss of any kind to which any
workers' compensation, occupational disease,
disability benefit, employee benefit,
unemployment compensation or similar law or
coverage applies. But if Benefits Administration
Liability Coverage:
a. is properly included as part of a qualified
underlying policy; and
b. has a coverage limit of $1,000,000 or more in
the underlying policy; and
c. is shown as included on the Commercial
Excess Liability Supplemental Declarations;
then the Excess Liability Coverage of this
endorsement will apply if the loss is otherwise
covered under the Benefits Administration
Liability Coverage of the qualified underlying
policy. This optional coverage, if included, will be
subject to the coverage limit stated in the Excess
Liability Supplemental Declarations for Benefits
Administration Liability Coverage.
8. We do not cover any liability assumed under any
contract or agreement, unless such liability is
specifically covered by the Supplemental
Contractual Liability Coverage of the Commercial
Liability Coverage Form (GL-100) or by the
Additional Incidental Contractual Liability
Coverage of the Fire Legal Liability and Other
Nonowned Property Damage Liability Coverages
Form (BGL-951).
9. We do not cover the liability of any person who is
not acting on your behalf and for your benefit at
the time of loss, nor do we cover any loss under
this Excess Liability Endorsement that is covered
by any Clergy Personal Liability coverage of your
policy.
10. We do not pay for loss of any kind arising directly or indirectly out of or in connection with:
a. any computer-related harm;o r
b. any error, defect or deficiency in any
computer hardware, software, program, data,
web site or network connection, regardless of
who owns or has developed it.
Nor do we pay for any damage to, destruction of,
or interference with your computer hardware,
software, program, data, web site, network
connection, or any other tangible or intangible
property that
you own, lease, use or borrow. But
if Cyber Liability Coverage:
a. is properly included as part of a qualified
underlying policy;a n d
b. has a coverage limit of $1,000,000 or more in
the underlying policy; and
c. is shown as included on the Commercial
Excess Liability Supplemental Declarations;
then the Excess Liability Coverage of this
endorsement will apply if the loss is otherwise
covered under the Cyber Liability Coverage of
the qualified underlying policy . This optional
coverage, if included, will be subject to the
coverage limit stated in the Excess Liability
Supplemental Declarations for Cyber Liability
Coverage, and it will not apply to the Special
Reimbursement Coverages or Special Defense
Coverage of the Cyber Liability Coverage
provided in the qualified underlying policy.
11. We do not pay for any loss that arises directly or
indirectly out of, or in relation to, the ownership,
operation, occupancy, renting, loaning,
supervision, maintenance, use, entrusting, or
loading or unloading of any aircraft or other air
conveyance of any kind. This exclusion does not
apply, however, to unmanned aerial vehicles
that are covered by a qualified underlying
policy.
12. We do not pay for any loss that arises directly or
indirectly out of, or in relation to, the
development, construction, maintenance,
oversight, or use of any ramps, half-pipes,
slopes, or similar structures that:
a. are designed for, or are intended to be used
in connection with, any roller skates,
skateboards, bicycles, roller blades, or any
other similar wheeled conveyance; and
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b. are arranged by, installed by, operated by, or
otherwise made available for use by your
organization; and
c. are located on premises that you own, rent,
lease, borrow, or control.
13. We do not pay for any loss that arises directly or
indirectly out of, or in relation to, the sale,
marketing, distribution, or storage of fireworks of
any kind if undertaken:
a. on any premises that you own, occupy, or
control; or
b. on your behalf or for your benefit, whether
on or away from your premises.
14. We do not pay for any loss that arises directly or
indirectly out of, or in relation to, the display of
any fireworks on your behalf:
a. by you, your leaders, or your employee, or
your appointed persons; or
b. by any other person or organization that is
hired by you or that is acting on your behalf
to exhibit the fireworks display.
15. We do not pay for any loss that arises directly or
indirectly out of, or in relation to, work of any kind
on any major construction/demolition project
if you, or any of your leaders, your employees,
or your appointed persons:
a. act as a general contractor on your behalf;
or
b. indemnify any contractor, or otherwise
assume liability for the contractor’s
negligence, in connection with any major
construction/demolition project.
16. We do not pay for loss of any kind arising directly or indirectly out of or in connection with:
a. Any fungus, fungi, spore, or spores;
b. Any substance, vapor or gas produced by or
arising out of any fungus, fungi, spore , or
spores;
c. Any material, product, building component,
building or structure that contains, harbors,
nurtures or acts as a medium for any
fungus, fungi, spore or spores; or
d. Any actual, alleged or threatened discharge,
dispersal, seepage, migration, release or
escape of fungus, fungi, spore or spores.
Such damage or injury is excluded regardless of
any other cause, act, omission, incident, activity,
event, material, product or peril that contributed
concurrently or in any sequence to the damage
or injury.
17. We do not pay for loss of any kind arising directly or indirectly out of or in connection with any
damage, injury, cost or expense that results from
any:
a. Request, demand, order or statutory or
regulatory requirement that any insured, any
covered person or any other person or
entity test for, monitor, clean up, remove,
contain, treat, detoxify or neutralize, or in any
way respond to, or assess fungus, fungi,
spore, or spores or the effects of such
fungus, fungi, spore or spores (including,
but not limited to, any form or type of mold,
yeast, mildew, mushroom, toadstool, smut, or
rust); or
b. Claim or suit by or on behalf of a
governmental authority for damages relating
to the testing of, monitoring, cleaning up,
removing, containing, treating, detoxifying or
neutralizing, or in any way responding to, or
assessing any fungus, fungi, spore or
spores or the effects of such fungus, fungi,
spore or spores (including, but not limited to
any form or type of mold, yeast, mildew,
mushroom, toadstool, smut, or rust).
18. We do not pay for loss of any kind arising directly or indirectly out of or in connection with any
actual or alleged discharge, dispersal, seepage,
migration, release or escape of any pollutant (as
defined on page 8 of the Commercial Liability
Coverage Form (GL-100)), nor for loss arising
out of the storage or use of any pesticide,
herbicide or similar substance; nor for any clean-
up, mitigation of, or detoxification associated with
any such pollutant.
19. We do not pay for loss arising directly or
indirectly out of or in connection with any act that
is undertaken with the intent to cause injury,
damage or harm to any person or entity if such
act involves one or more of the following:
a. the use, release, dispersal, application or
escape of any nuclear or radioactive
materials of any kind;
b. any nuclear reaction or the release of any
radiation, or any radioactive contamination;
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c. the use, release, dispersal, application or
escape of any biological or chemical
materials that have any injurious, pathogenic
or poisonous effect of any kind; or
d. any contamination of property, interruption of
any business operation, or any other
damage, loss or expense arising directly or
indirectly out of the situations set forth in
items a. through c. immediately above.
HOW MUCH WE PAY
Each of the provisions set forth in the How Much We
Pay section of the Liability and Medical Coverage
Form (BGL-11) apply to the Additional Coverage and
Extension provided by this endorsement, unless
otherwise modified herein. The following
modifications apply to the Additional Coverage and
Extension of this endorsement:
1. Payment under the Additional Coverage of this
endorsement is strictly excess to any coverage
provided by a qualified underlying policy or
any other liability insurance or liability coverage
applying to you or your leaders , even if such
insurance or coverage:
a. is stated to be secondary, excess or
contingent; or
b. has coverage available, but is not elected to
be used.
Accordingly, no payment or contribution will be
made under the Additional Coverage of this
endorsement until the limits of all other
applicable coverages have been exhausted.
2. The Coverage Limit shown in the declarations
for Excess Liability Coverage, (or the Coverage
Limit indicated for any optional coverage shown
as included on the Excess Liability Declarations),
subject to the Excess Liability Coverage
Aggregate Limit, is the most we will pay for all
losses arising out of an occurrence to which this
Additional Coverage applies. This Coverage Limit
is the most we will pay regardless of:
a. The number of underlying policies or
coverages that apply to a loss; or
b. the number of persons or entities to whom an
underlying policy provides coverage or to
whom this endorsement provides coverage;
or
c. the number of losses or related losses
arising directly or indirectly out of one or
more related acts, errors, omissions,
decisions, incidents, events or breaches of
duty; or
d. the number of persons acted upon, or who
otherwise sustain injury, damage or loss; or
e. the number of claims made or suits brought,
or the number of persons initiating such
claims or suits; or
f. the extent or duration of the injury, damage,
loss or any related loss; or
g. the extent, duration or number of acts, errors,
omissions, decisions, incidents, events or
breaches of duty contributing to the injury,
damage, or loss; or
h. the number of policy periods , or portions
thereof, over which any acts, errors,
omissions, decisions, incidents, events, or
breaches of duty contributing to injury,
damage or loss should occur.
3. No deductible applies to the Additional Coverage
of this endorsement.
4. The Coverage Aggregate Limit shown in the
declarations for Excess Liability Coverage, is
the most we will pay under the Excess Liability
Coverage of this endorsement for all
occurrences taking place during the period to
which this Coverage Aggregate Limit applies [as
described in Provision 8 of the How Much We
Pay section of the Liability and Medical Coverage
Form of this policy (BGL-11)].
5. If an occurrence to which the Additional
Coverage of this endorsement applies consists of
acts, errors, omissions, decisions, incidents,
events, breaches of duty, damage or
loss
occurring on more than one date during any
policy period or policy periods, such events or
damage, together with any related loss , will
constitute a single occurrence, and the date of
occurrence will be considered to be the earlier
of:
a. the date on which the last alleged act,
incident, event, breach of duty, damage or
loss out of which the claim arises should
occur; or
b. the last day that we provided any coverage
to you under this endorsement for such act,
error, omission, decision, incident, event,
breach of duty, damage or loss.
04M5A0494326
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The policy forms, endorsements and limits in
effect on the date of occurrence will govern
coverage with respect to all claims arising directly
or indirectly out of the occurrence. Should the
terms of any prior Excess Liability Coverage
issued by us to you conflict with the terms of this
policy, the terms of this policy will govern
coverage.
6. If an optional coverage (Directors and Officers,
Sexual Acts, Employment Practices, Benefits
Administration, or Cyber) is shown as included on
the Excess Liability Supplemental Declarations,
then the limit indicated for such coverage is the
most we will pay for all loss to which such
coverage applies.
7. Nothing in this endorsement shall be construed to
broaden any underlying coverage or to increase
any limit of coverage in any qualified
underlying policy , nor shall any terms of any
qualified underlying policy be construed to
increase the limits relating to the Additional
Coverage of this endorsement.
CONDITIONS
Each of the conditions and other limitations set forth
in any applicable qualified underlying policy will
apply to the Additional Coverage and Extension
provided by this endorsement, unless otherwise
modified herein. The following conditions also apply
to the Additional Coverage and Extension of this
endorsement.
1. Insurance Under More Than One Coverage:
Condition 9 of the Conditions section of the
Liability and Medical Coverage Form (BGL-11) is
modified so that the limit of coverage provided
by this endorsement will apply in addition to the
coverage limit of a qualified underlying policy.
2. Excess Coverage:
The Excess Liability Coverage of this
endorsement is strictly excess to all coverages
(including excess coverages) of the qualified
underlying policy, and will be further excess to
any other liability coverage or plan intended to
provide liability protection to you or your
leader(s), even if such coverage or plan:
a. is stated to be secondary, excess or
contingent; or
b. has coverage available, but is not elected to
be used.
To the extent that the excess provision of this
endorsement conflicts with any provision of a
qualified underlying policy , this provision will
govern.
3. Form of Coverage:
The Excess Liability coverage of this
endorsement is a limited Following Form. This
means that if no coverage applies under a
qualified underlying policy , then no coverage
will apply under the Additional Coverage of this
endorsement. Furthermore, no coverage will
apply under the Additional Coverage of this
endorsement if any exclusion or other provision
herein precludes coverage with respect to an
occurrence or any related loss.
4. Scope of Coverage:
The Additional Coverage of this endorsement
applies only to qualified covered persons .N o
other person or entity is covered under the terms
of this endorsement, even if such person or entity
is otherwise covered under a qualified
underlying policy.
5. Underlying Insurance:
We will not make payment under the Additional
Coverage of this endorsement unless, on the
date of occurrence, the applicable underlying
policy or coverage meets all of the requirements
set forth in the definition of a qualified
underlying policy . Neither the insolvency of an
underlying insurer, nor exhaustion of an
underlying aggregate limit will preclude coverage
under the terms of this endorsement.
6. Losses Outside of Coverage:
We will not make payment for loss under the
Additional Coverage of this endorsement if:
a. the loss is incurred prior to the date on which
this coverage becomes effective; or
b. the loss is incurred after this coverage
terminates; or
c. on the date that we first provide Excess
Liability coverage to your organization, you
or your leaders have actual knowledge that
the alleged loss has been, is being, or will
be, incurred by any person or entity; or
d. such loss or any related loss is, or has
been, the basis of any prior claim.
7. Other Vehicle Insurance:
This policy provides no coverage for specific
vehicles or watercraft or for specific persons as
operators thereof. Any coverage that we provide
relating to any vehicle or watercraft under this
endorsement is strictly "excess" over any other
available coverage relating to owned or
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nonowned vehicles or watercraft or the operators,
thereof. "Excess" means that no payment or
contribution will be made by us until all other
available policies, programs, plans, coverages or
agreements have paid their full limit of coverage,
even if such policy, program, plan, coverage or
agreement is stated to be secondary, excess or
contingent, or has coverage available that is not
elected to be used.
The attachment of this endorsement to the policy
will not convert the policy into an automobile
policy for the purpose of applying any federal,
state, or local law regulating automobile
insurance or automobile coverages (including
any no-fault, uninsured motorist, underinsured
motorist or similar law).
8. Arbitration (Coverage Disputes):
Any dispute between us and any insured
regarding the existence or application of
coverage under the terms of this endorsement
must be submitted to the American Arbitration
Association (or to any other organization
providing arbitration services if agreed to by us
and by all insureds who are a party to the
dispute) for a determination of coverage by a
three member arbitration panel appointed by the
arbitration organization. Such arbitration will be
required if demanded by any insured or by us.
The decision rendered by the arbitration panel
will be binding upon all persons affected by the
coverage of this policy. All arbitration costs, fees
and expenses will be divided equally between the
parties to the arbitration. Our participation in an
arbitration process will not waive any rights we
have under this policy.
9. Representations:
By accepting this Liability Coverage
endorsement, you agree that:
a. the entries on the declarations are based
upon representations which you or an
insured have made to us; and
b. we have issued this Liability Coverage
endorsement in reliance upon such
representations.
10. Defense Coverage:
We have the right to defend any suit or
proceeding which may be covered under any
qualified underlying policy. We may investigate
and settle any claims or suits that we decide are
appropriate to investigate or settle.
We have no duty to defend any suit unless
defense coverage for such suit is precluded or
terminated under the terms of a qualified
underlying policy that covers such suit, or an
insurer providing the defense to a suit becomes
insolvent. Our right to participate in the defense
of a suit or proceeding may be exercised by us at
any time, even if another policy or coverage is
providing a defense to the suit or proceeding.
We do not have to provide any defense after we
have paid an amount equal to the limit of the
Additional Coverage of this endorsement as a
result of a judgment or a written settlement
agreed to by us
.
If we defend a suit, we will pay related costs in
accordance with applicable provisions of the
Defense Coverage section of the Commercial
Liability Coverage Form (GL-100), but such costs
will be paid only in relation to our defense of the
suit and only if the costs are not covered by a
qualified underlying policy.
The terms of this endorsement do not apply to
any defense-only coverage that may be provided
by a qualified underlying policy.
Other than the Exception set forth below, if a
payment of defense costs under an applicable
underlying policy or coverage reduces the limits
of such policy or coverage, then any defense
costs paid under the Additional Coverage of this
endorsement will reduce the limit of this Excess
Liability Coverage accordingly.
Exception: If the Defense Coverage of this
policy applies to any interest accrued after the
entry of a judgment, the payment of such interest
will not reduce the limit of coverage provided
herein.
OTHER PROVISIONS
All other provisions of the Commercial Liability
Coverage Form (GL-100) and the Liability and
Medical Coverage Form (BGL-11), and each of the
provisions of any other qualified underlying policy ,
apply to the Additional Coverage and Extension of
this endorsement, unless otherwise modified herein.
04M5A0494326
AAIS CL-100 Ed 1.0
Copyright MCMXCIV, American Association of Insurance Services AAIS CL-100
Ed 1.0
COMMON POLICY CONDITIONS
1. Assignment -- This policy may not be assigned
without our written consent.
2. Cancellation -- You may cancel this policy by
returning the policy to us or by giving us written
notice and stating at what future date coverage is to
stop.
We may cancel this policy, or one or more of its
parts, by written notice sent to you at your last
mailing address known to us. If notice of
cancellation is mailed, proof of mailing will be
sufficient proof of notice.
If we cancel this policy for nonpayment of premium,
we will give you notice at least 10 days before the
cancellation is effective. If we cancel this policy for any other reason, we will give you notice at least 30
days in advance of cancellation. The notice will state
the time that the cancellation is to take effect.
Your return premium, if any, will be calculated
according to our rules. It will be refunded to you
with the cancellation notice or within a reasonable
time. Payment or tender of the unearned premium is
not a condition of cancellation.
3. Change, Modification, or Waiver of Policy Terms
-- A waiver or change of the terms of this policy
must be issued by us in writing to be valid.
4. Inspections -- We have the right, but are not obli- gated, to inspect your property and operations at
any time. This inspection may be made by us or
may be made on our behalf. An inspection or its
resulting advice or report does not warrant that your
property or operations are safe, healthful, or in
compliance with laws, rules, or regulations.
Inspections or reports are for our benefit only.
5. Examination of Books and Records -- We may
examine and audit
your books and records that
relate to this policy during the policy period and
within three years after the policy has expired.
04M5A0494326
AAIS
CL-300 Ed 1.0
AMENDATORY ENDORSEMENT
The reference to words that have special meaning is deleted and replaced by the following:
Refer to Definitions for words and phrases that have special meaning. These words and phrases are shown in quotation marks or bold type.
CL-300 Ed 1.0
Copyright MCMXCIV, American Association of Insurance Services
04M5A0494326
04M5A0494326
BCP-100 (4.5) Copyright, 2018 Brotherhood Mutual Insurance Co. Page 1 of 3 Contains material from American Association of Insurance Services, Inc., with its permission The following terms apply to the COMMERCIAL PROPERTY COVERAGE provided by this policy. These terms do not apply to the INLAND MARINE coverages provided by this policy.
THIS INSURANCE ENDORSEMENT FORMS PART OF YOUR POLICY CONTRACT.
PLEASE READ IT CAREFULLY.
COMMERCIAL PROPERTY COVERAGE CONDITIONS
AGREEMENT
In return for your payment of the required premium,
we provide the coverage described herein subject to
all the terms of the Commercial Property Coverage.
This coverage is also subject to the declarations and
additional conditions relating to assignment or transfer of rights or duties, cancellation, changes or modifica- tions, inspections, and examination of books and
records.
Endorsements may also apply. They are identified on
the declarations. Certain words have special
meaning. These words are shown in bold type.
DEFINITIONS
1. For purposes of this property coverage, the words
you and your mean:
a. the persons or organizations shown as the
Named Insured on the declarations;
b. any Related Organization/Operation of the
Named Insured shown on the declarations;
and
c. any Additional Interest(s) shown on the
declarations.
2. The words we, us, and our mean the company
providing Commercial Property Coverage.
3. Declarations means all pages of this policy
labeled Declarations, Supplemental Declarations,
Schedules, or Statements, which pertain
specifically to the property coverages of this policy.
4. Limit means the amount of coverage that applies.
5. Pollutant means:
a. any solid, liquid, gaseous, thermal, or
radioactive irritant or contaminant, including
acids, alkalis, chemicals, fumes, smoke, soot,
vapor, and waste. Waste includes materials to
be disposed of as well as recycled, reclaimed,
or reconditioned.
b. electrical or magnetic emissions, whether
visible or invisible, and sound emissions.
6. Related organization/operation means an
organization or operation:
a. which has separate leadership or separate
operations from the Named Insured shown on
the declarations; and
b. whose leaders report to the Named Insured
shown on the declarations; and
c. over which the Named Insured shown on the
declarations has authority or control.
7. Terms means all provisions, limitations,
exclusions, conditions, and definitions that apply.
CONDITIONS
1. Benefit to Others: Insurance under the
Commercial Property Coverage shall not directly or
indirectly benefit anyone having custody of your
property.
2. Conformity With Statute: Terms of the
Commercial Property Coverage, in conflict with the
statutes of the state where the described premises
are located, are amended to conform to such
statutes.
3. Control of Property: The Commercial Property
Coverage is not affected by any act or neglect
beyond your control.
4. Death of an Individual Named Insured: If you
die, your rights and duties under the Commercial
Property Coverage pass to your legal
representative or other person having proper
temporary custody of your property.
04M5A0494326
Contains material from American Association of Insurance Services, Inc., with its permission
5. Liberalization: If we adopt a revision of forms
during a policy period which broadens the
Commercial Property Coverage without additional
premium, the broadened coverage will
automatically apply to this policy.
6. Misrepresentation, Concealment, or Fraud: The
Commercial Property Coverage is void as to you
and any other insured if, before or after a loss:
a. you have or any other insured has willfully
concealed or misrepresented:
1) a material fact or circumstance that relates
to this insurance or the subject thereof; or
2) your interest herein;
b. there has been fraud or false swearing by you
or any other insured with regard to a matter
that relates to this insurance or the subject
thereof.
7. Policy Period: We cover loss during the policy
period shown on the declarations.
8. Restoration of Limits: Any loss we pay under
the Commercial Property Coverage does not
reduce the limits applying to a later loss.
9. Recoveries and Subrogation: If we pay for a loss
under this policy and you have a right to recover
damages related to such loss from a third party,
we shall be subrogated to that right. This means
that we can assert your rights to recover damages
against third parties up to the amount we paid
under this policy. You shall do whatever is
necessary to assist us in exercising such
subrogation rights and shall do nothing to impair
those rights.
You expressly waive the made whole doctrine,
which means we can pursue subrogation recovery
against third parties regardless of whether you
have been made whole for your losses.
If we make a payment under this policy, and you
recover damages from any third parties, you shall
hold in trust for us those damages proceeds. If
the claim paid is less than the agreed loss due to a
deductible or other limiting term of this policy, any
recovery is pro-rated between you and us based
on our respective interest in the loss.
If we pay you for a loss covered under this policy,
and the lost or damaged property is recovered, or
payment is made by those responsible for the loss,
the following provisions apply:
a. You must notify us promptly if you recover
property or receive payment.
b. We must notify you promptly if we recover
property or receive payment.
c. Any recovery expenses incurred by either you
or us are reimbursed first.
d. You may keep the recovered property but you
must refund to us the amount of the claim
paid, or any lesser amount to which we agree.
Except as provided below, for any loss we pay that
does not exceed $15,000, we will not attempt to
recover such losses from your volunteers who
negligently cause a loss while acting on your
behalf and within the course and scope of their
duties with you. We may attempt to recover
amounts we pay for such losses if they:
a. exceed $15,000, or
b. result from intentional acts by your volunteers.
You may waive your right to recover, in writing,
before the loss takes place without voiding
coverage.
We are not liable for a loss if, after the loss, you
impair our right to recover. But, you may waive
your right to recover in writing after a loss only as
to the following parties:
a. someone insured under the Commercial
Property Coverage;
b. your tenant;
c. an organization owned or controlled by you; or
d. an organization which owns or controls your
organization.
10. Suit Against Us: No suit to recover any loss may
be brought against us unless:
a. the terms of the Commercial Property
Coverage have been fully complied with; and
b. the suit is commenced within two years after
the loss.
04M5A0494326
Contains material from American Association of Insurance Services, Inc., with its permission If any applicable law makes this limitation invalid,
then suit must begin within the shortest period
permitted by the law.
11. Territorial Limits: We only cover loss within the
United States of America, its territories and
possessions, Canada, and Puerto Rico, except as
provided otherwise within the policy.
04M5A0494326
04M5A0494326
AAIS -- THIS IS A LEGAL CONTRACT -- GL-100
PLEASE READ IT CAREFULLY Ed 1.0
GL-100 Ed 1.0 -- 1 -- AAIS
Copyright MCMXCIV, American Association of Insurance Services
COMMERCIAL LIABILITY COVERAGE
The following Table of Contents shows how this Commer cial Liability Coverage is organized. It will help you locate particular sections of this form.
TABLE OF CONTENTS
Page
Agreement ................................................................................................................. ................ 1
Definitions ................................................................................................................ ................... 2
Principal Coverages
Coverage L -- Bodily Injury/Property Damage ........ ............................................................ 4 Coverage M -- Medical Payments ....................................................................................... 4 Coverage N -- Products/Completed Wo rk .......................................................................... 5 Coverage O -- Fire Legal Liability .................... ................................................................... 5
Supplemental Coverages ..................................................................................................... ....... 5
Defense Coverage ........................................................................................................... ........... 6
E x c l u s i o n s
Exclusions That Apply To Bodily Injury and Proper ty Damage .......................................... 7 Additional Exclusions That Apply Only To Propert y Damage ............................................. 9 Additional Exclusions That Apply Only To Medical Payments ............................................ 9
What Must Be Done In Case Of Loss .................... ..................................................................... 10
How Much We Pay ...................................................................................................................... 10
Conditions ................................................................................................................. .................. 11
Nuclear Energy Liability Exclusion ......................................................................................... ..... 12
Nuclear Energy Liability Exclusion De finitions ............................................................................ 13
Common Policy Conditions -- These are shown on a separate form.
Endorsements may also apply. They are identified on the declarations.
Refer to the Definitions for words that have special meanings. These words are shown in "bold type."
AGREEMENT
Subject to all the terms, and in return for your payment of the required premium, we provide the Commercial Liability Coverage described in this policy.
Policy terms that relate to cancellation, changes made to the policy, examination of books and records, inspections and surveys, and assignment or transfer of rights or duties also apply.
04M5A0494326
GL-100 Ed 1.0 -- 2 -- AAIS
DEFINITIONS
1. The words you and your mean the person,
persons, or organization named as the insured on
the declarations.
2. The words we, us, and our mean the company
providing this coverage.
3. Auto means a land motor vehicle, a trailer, or a
semi-trailer which is designed for use on public
roads.
Auto includes attached machinery and equipment.
4. Basic territory means the United States of
America, its territories and possessions, Canada,
and Puerto Rico.
5. Bodily injury means bodily harm, sickness or
disease sustained by a person and includes
required care and loss of services. Bodily injury
includes death that results from bodily harm,
sickness, or disease. Bodily injury does not
include mental or emotional injury, suffering, or
distress that does not result from a physical injury.
6. Coverage territory means:
a. the basic territory;
b. international waters and airspace, only if the
bodily injury or property damage occurs in
the course of travel to or from the basic
territory;
c. the world, if the injury or damage arises out of:
1) products you have made or sold in the basic
territory; or
2) the activities of a person who normally
resides in the basic territory, but is away for
a short time on your business; and
provided that your liability to pay damages has
been determined in a suit on the merits in the
basic territory, or in a settlement that we have
agreed to.
7. Damages means compensation in the form of
money for a person who claims to have suffered an
injury.
8. Declarations means all pages labeled
"Declarations," "Supplemental Declarations," or
"Schedules," which pertain to this policy.
9. Employee includes a leased worker . Employee
does not include a temporary worker.
10. Impaired property means tangible property (other
than products or your work):
a. whose value has been decreased:
1) because it includes products or your work
that is, or is believed to be, deficient or
dangerous; or
2) because you failed to carry out the terms of
a contract; and
b. whose value can be restored:
1) by the repair, replacement, adjustment, or
removal of products or your work; or
2) by your fulfilling the terms of the contract.
11. Insured means:
a. you and your spouse, but only with respect to
the conduct of a business of which you are the
sole owner, if shown on the declarations as an
individual;
b. you and all your partners or members and their
spouses, but only with respect to the conduct of
your business, if shown on the declarations as
a partnership or a joint venture; or
c. you and all of your executive officers and
directors, but only while acting within the scope
of their duties, if shown on the declarations as
an organization (other than a partnership or a
joint venture). It also includes your
stockholders, but only for their liability as such.
Insured also includes:
a. any person or organization, except your
employees, while acting as your real estate
manager;
b. if you die during the policy period, your legal
representative while acting within the scope of
those duties as such, or a person who has
custody of your property with respect to liability
arising out of the maintenance or use of that
property until your legal representative is
appointed. Your legal representative has all
your rights and duties under this coverage;
c. with respect to the operation, with your
permission, of mobile equipment:
1) your employee in the course of
employment. This does not apply to a fellow
employee injured in the course of
employment;
04M5A0494326
GL-100 Ed 1.0 -- 3 -- AAIS
2) any other person; including another person
or an organization legally liable for the
conduct of such person, but only:
a) for liability arising out of the operation of
the equipment; and
b) if there is no other insurance covering the
liability available to them;
3) no person or organization is an insured for
property damage to property owned by,
rented to, in the charge of, or occupied by
you, or an employer of any person who is an
insured under paragraph c.
d. your employees, for acts within the scope of
their employment by you (this does not include
your executive officers). None of these
employees are insureds for:
1 ) bodily injury to you or to a fellow
employee; or
2 ) property damage to property owned by,
rented to, or loaned to employees, or any of
your partners or members and their spouses
(if you are a joint venture or a partnership).
e. any organization (other than a joint venture or a
partnership) newly acquired or formed by you,
and in which you have a majority interest.
Such an organization is not an insured:
1) if there is other similar insurance available to
it;
2) after 90 days immediately following that
acquisition or formation or the end of the
policy period, whichever is earlier; or
3 ) f o r bodily injury or property damage that
occurred prior to the acquisition or formation.
No person or organization is an insured with
respect to the conduct of a current or past
partnership or joint venture that is not named on
the declarations as an insured.
12. Leased worker means a person whom you lease
from a labor leasing firm under a contract or
agreement to perform duties related to the conduct
of your business. Leased worker does not include
a temporary worker.
13. Limit means the amount of coverage that applies.
14. Loading or unloading means the movement of
property:
a. starting with after it is removed from the point
where it has been accepted for transit by auto,
aircraft, or watercraft;
b. continuing while it is in or on such vehicle; and
c. ending when it has been removed from the
vehicle at its point of destination.
Loading or unloading includes movement by:
a. a hand truck; or
b. any mechanical device only when attached to
the vehicle.
15. Occurrence means an accident and includes
repeated exposure to similar conditions.
16. Products/completed work hazard -
a. Products hazard means bodily injury or
property damage occurring away from
premises you own or rent and arising out of
products after physical possession of the
products has been relinquished to others.
b. Completed work hazard means bodily injury
or property damage occurring away from
premises you own or rent and arising out of
your work. It does not include work that has not
been completed, or that has not been
abandoned.
Your work is deemed completed at the earliest
of the following times:
1) when all work specified in your contract has
been done;
2 ) w h e n a l l your work to be done at a job site has been completed if your contract
includes work at more than one site; or
3 ) w h e n your work at a job site has been put
to its intended use by any person or
organization other than another contractor or
subcontractor working on the same job site.
Work which requires further service,
maintenance, correction, repair, or replacement
because of defect or deficiency, but which is
otherwise complete, shall be deemed
completed.
c. Neither of these hazards include bodily injury
or property damage arising out of:
1) the transportation of property, unless the
injury or damage arises out of a condition in
04M5A0494326
GL-100 Ed 1.0 -- 4 -- AAIS
or on a vehicle, created by loading or
unloading;
2) the presence of tools, uninstalled equipment,
or abandoned or unused materials; or
3) products or work for which the classification
on the declarations specifies "including
Products/Completed Work."
17. Products means goods or products manufactured,
sold, handled, distributed, or disposed of by you,
others trading under your name, or a person or
organization whose business or assets you have
acquired.
Products includes:
a. warranties or representations made at any time
with respect to the fitne ss, quality, durability, or
performance of products;
b. containers (other t han vehicles), materials,
parts, or equipment furnished in connection with
such products; and
c. providing or failing to provide warnings or
instructions.
Products does not include:
a. vending machines or other property that is
rented to or placed for the use of others, but not
sold; or
b. real property.
18. Property damage means:
a. physical injury or destruction of tangible
property; or
b. the loss of use of tangible property whether or
not it is physically damaged. Loss of use is
deemed to occur at the time of the occurrence
that caused it.
19. Temporary worker means a person who is
furnished to you as a temporary substitute for an
employee.
20. Terms are all provisions, limitations, exclusions, conditions, and definitions that apply to the
Commercial Liability Coverage.
21. Your work means:
a. work or operations performed by you or on
your behalf;
b. materials, parts, and equipment supplied for
such work or operations;
c. written warranties or representations made at
any time regarding quality, fitness, durability, or
performance of any of the foregoing; and
d. providing or failing to provide warnings or
instructions.
PRINCIPAL COVERAGES
We provide insurance for the following coverages
indicated by a specific limit or premium charge on the
declarations.
COVERAGE L -- BODILY INJURY LIABILITY
PROPERTY DAMAGE LIABILITY
We pay all sums which an insured becomes legally
obligated to pay as damages due to bodily injury or
property damage to which this insurance applies. The
bodily injury or property damage must be caused by
an occurrence which takes place in the coverage
territory, and the bodily injury or property damage
must occur during the policy period.
COVERAGE M -- MEDICAL PAYMENTS
1. We pay the medical expenses defined below for
bodily injury caused by an accident:
a. on premises you own or rent;
b. on ways adjacent or next to premises you own
or rent; or
c. arising out of your operations.
2. We pay such expenses regardless of fault but only
if:
a. they arise out of an acci dent that occurred in the
coverage territory and during the policy period;
and
b. they are incurred and reported within one year
of the accident.
3. Medical expenses means the reasonable and
necessary expenses for:
a. medical, surgical, x-ray, and dental services,
including prosthetic devices and eye glasses;
b. ambulance, hospital, professional nursing, and
funeral services; and
04M5A0494326
GL-100 Ed 1.0 -- 5 -- AAIS
c. first aid at the time of an accident.
COVERAGE N -- PRODUCTS/COMPLETED WORK
We pay all sums which an insured becomes legally
obligated to pay as damages due to bodily injury or
property damage arising out of the products/
completed work hazard to which this insurance
applies. The bodily injury or property damage must
be caused by an occurrence which takes place in the
coverage territory, and the bodily injury or property
damage must occur during the policy period.
COVERAGE O -- FIRE LEGAL LIABILITY
We pay for property damage to buildings, or parts
thereof, which you rent from another, or which are
loaned to you, if the property damage is caused by
fire for which you are legally liable. Buildings include fixtures permanently attached thereto.
All of the exclusions otherwise applicable to property
damage do not apply to this coverage. However, we
do not cover:
1. liability arising under any contract or agreement to indemnify any person or organization for damage
by fire to the premises; or
2. liability arising out of property damage:
a. which is expected by, directed by, or intended
by the insured; or
b. that is the result of intentional and malicious
acts of the insured.
SUPPLEMENTAL COVERAGES
Subject to all the terms of the Principal Coverages, we provide the following supplemental coverages. They
do not increase the limits stated for the Principal
Coverages.
INCIDENTAL CONTRACTUAL LIABILITY
1. We cover bodily injury or property damage
liability which is assumed under the following
contracts or agreements:
a. lease of premises;
b. easement or license agreement (this does not
include an agreement in connection with any
construction or demolition operation within 50
feet of a railroad);
c. promise to indemnify a municipality if required
by an ordinance (this does not apply in
connection with work done for the municipality);
d. sidetrack agreement; or
e. elevator maintenance agreement.
2. This coverage does not apply to that part of any
contract or agreement that indemnifies any person
or organization for damage by fire to premises
rented or loaned to you.
INCIDENTAL MEDICAL MALPRACTICE INJURY
1. We cover bodily injury arising out of the rendering or failure to render the following services:
a. medical, surgical, dental, x-ray, or nursing
services or treatment, or the furnishing of food
or beverages in connection therewith; or
b. the furnishing or dispen sing of drugs or medical,
dental, or surgical supplies or appliances.
2. This coverage does not apply to:
a. expenses incurred by an insured for first aid to
others at the time of an accident;
b. an insured or an employee engaged in the
business or occupation of providing any of the
services described under 1.a. and 1.b. above; or
c. injury caused by an indemnitee if such
indemnitee is engaged in the business or
occupation of providing any of the services
described in 1.a. and 1.b. above.
MOBILE EQUIPMENT
We pay all sums for which an insured is legally liable
for bodily injury or property damage resulting from
mobile equipment, including attached equipment and
machinery.
1. This coverage applies only to land motor vehicles
that meet one or more of the following criteria:
a. Those which are used only on premises owned
by or rented to you (premises includes adjoining
ways).
b. Those which are designed primarily for use off
public roads.
c. Those which travel on crawler treads.
04M5A0494326
GL-100 Ed 1.0 -- 6 -- AAIS
d. Those which are self-propelled and designed or
used only to afford mobility to the following
types of equipment, which must be a part of or
be permanently attached to such vehicle:
1) power cranes, shovel s, loaders, diggers, or
drills;
2) concrete mixers (this does not include the
mix-in-transit type); and
3) graders, scrapers, rollers, and other road
construction or repair equipment.
e. Those which are not se lf-propelled, but are used
primarily to afford mobility to the following types
of equipment permanently attached thereto:
1) air compressors, pumps, and generators
(this includes spraying, welding, and building
cleaning equipment);
2) geophysical explorat ion, lighting, and well
servicing equipment; and
3) cherry pickers and similar devices used to
raise or lower workers.
2. This coverage does not apply to self-propelled
vehicles with the following types of permanently
attached equipment:
a. equipment designed primarily for snow removal,
street cleaning, road maintenance other than
road construction or resurfacing;
b. cherry pickers and similar devices used to raise
or lower workers;
c. air compressors, pumps, and generators (this
includes spraying, welding, and building
cleaning equipment); or
d. geophysical exploration, lighting, and well
servicing equipment.
We cover bodily injury or property damage arising
out of the operation of an y of the equipment listed in paragraphs 2.b., 2.c., and 2.d. above.
We will provide any liability, uninsured motorists, no
fault, or other coverages required by any motor vehicle insurance law. We will provide the required limits for
such required coverage.
DEFENSE COVERAGE
Payments under this coverage are in addition to the
limits for the Commercial Liability Coverage.
1. We have the right and duty to defend a suit
seeking damages which may be covered under the
Commercial Liability Coverage. We may make
investigations and settle claims or suits we decide
are appropriate.
Suit includes any alternative dispute resolution
proceeding involving bodily injury or property
damage to which:
a. you must submit; or
b. you submit with our consent.
2. We do not have to provide defense after we have
paid an amount equal to the limit as the result of:
a. a judgment; or
b. a written settlement agreed to by us.
3. If we defend a suit, we will pay:
a. The costs taxed to the insured.
b. The expenses incurred by us.
c. The actual loss of earnings by an insured for
the time spent away from work at our request.
We pay up to $100 per day.
d. The necessary expenses incurred by an
insured at our request.
e. Pre-judgment interest awarded against any
insured on that part of the judgment we pay. If
we offer to pay the limit, we will not pay any
pre-judgment interest based on that period of
time after the offer.
f. The interest which accrues beginning with entry
of a judgment and ending when we tender,
deposit in court, or pay up to our limit.
g. The cost of appeal bonds or bonds for the
release of attachments up to our limit. We are
not required to apply for or furnish such bonds.
h. The cost, up to $500, for bail bonds required of
an insured because of an accident or traffic
violation arising out of the use of a vehicle to
which Coverage L applies. We are not required
to apply for or furnish such bonds.
04M5A0494326
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EXCLUSIONS
We do not pay for a loss if one or more of the following excluded events apply to the loss, regardless of other
causes or events that cont ribute to or aggravate the
loss, whether such causes or events act to produce
the loss before, at the same time as, or after the
excluded event.
EXCLUSIONS THAT APPLY TO BODILY INJURY
AND PROPERTY DAMAGE
1. We do not pay for bodily injury or property
damage:
a. which is expected by, directed by, or intended
by the insured; or
b. that is the result of intentional and malicious
acts of the insured.
This exclusion does not apply to bodily injury that
arises out of the use of reasonable force to protect
people or property.
2. We do not pay for bodily injury or property
damage liability which is assumed by the insured
under a contract or an agreement.
This exclusion does not apply to:
a. liability that an insured would have had in the
absence of the contract or agreement; or
b. bodily injury or property damage covered
under Incidental Contractual Liability Coverage,
provided that the bodily injury or property
damage occurs after the effective date of the
contract or agreement.
3. We do not pay for bodily injury or property
damage that arises out of the rendering or the
failure to render a professional service, except as
covered under Incidental Medical Malpractice Injury
Coverage.
4. We do not pay for bodily injury or property
damage that arises out of the use of mobile
equipment in, or in the practice or preparation for,
racing, speed, pulling or pushing, demolition or
stunt activities or contests.
5. We do not pay for bodily injury or property
damage that arises out of transporting mobile
equipment by an auto owned by, operated by,
rented to, or loaned to any insured.
6. We do not pay for bodily injury or property
damage that arises out of the ownership,
operation, occupancy, renting, loaning, supervision,
maintenance, use, entrusting, loading or
unloading of an auto, aircraft, watercraft, or
mobile equipment owned by, operated by, rented
to, or loaned to any insured.
This exclusion does not apply to:
a. bodily injury or property damage that arises
out of autos or mobile equipment covered
under Mobile Equipment Coverage;
b. the parking of an auto on premises owned by,
rented to, or controlled by you or on the ways
immediately adjoining if the auto is not owned
by or rented to or loaned to you or the insured;
c. liability assumed under a contract covered
under Incidental Contractual Liability Coverage
for the ownership, maintenance, or use of an
aircraft or a watercraft;
d. watercraft, if it is on shore on premises owned
by, rented to, or controlled by you; or
e. watercraft, if it is not owned by you and is:
1) less than 26 feet in length; and
2) not being used to carry persons or property
for a charge.
7. We do not pay for bodily injury or property
damage for which any insured may be held liable
by reason of:
a. causing or contributing to the intoxication of a
person;
b. the furnishing of alcoholic beverages to a
person under the influence of alcohol or under
the legal drinking age; or
c. a law or regulation relating to the sale, gift,
distribution, or use of alcoholic beverages.
This exclusion applies if you are in the business of
manufacturing, distributing, selling, or serving
alcoholic beverages.
8. We do not pay for:
a. bodily injury to an employee of the insured if
it occurs in the course of employment by the
insured; or
04M5A0494326
GL-100 Ed 1.0 -- 8 -- AAIS
b. consequential injury to a spouse, child, parent,
brother, or sister of such injured employee.
This exclusion applies where the insured is liable
either as an employer or in any other capacity; or
there is an obligation to fully or partially reimburse a third person for damages arising out of paragraph
8.a. or 8.b. above.
This exclusion does not apply to liability assumed
by the insured under a contract covered under
Incidental Contractual Liability Coverage.
9. We do not pay for:
a. bodily injury or property damage arising out
of the actual, alleged, or threatened discharge,
dispersal, seepage, migr ation, release, or
escape of pollutants:
1) at or from any premises, site, or location
which is, or was at any time, owned by,
occupied by, rented to, or loaned to any
insured, unless the bodily injury or
property damage arises from the heat,
smoke, or fumes of a fire which becomes
uncontrollable or breaks out from where it
was intended to be located;
2) at or from any premises, site, or location
which is or was at any time used by or for
any insured or others, for the handling,
storage, disposal, proc essing, or treatment
of waste;
3) which are or were at any time transported,
handled, stored, treated, disposed of, or
processed as waste by or for any insured or
any person or organization for whom any
insured may be legally responsible; or
4) at or from any premises, site, or location
where any insured or any contractor or
subcontractor, directly or indirectly under
your control, is working:
a) if the pollutants are brought on or to the
premises, site, or location in connection
with such work by such insured, unless
the bodily injury or property damage
arises from the heat, smoke, or fumes of
a fire which becomes uncontrollable or
breaks out from where it was intended to
be located; or
b) if the work is to test for, monitor, clean up,
remove, contain, treat, detoxify or
neutralize, or in any way respond to or
assess the effects of pollutants.
b. any loss, cost or expense arising out of any:
1) request, demand, or order that any insured
or others test for, monitor, clean up, remove,
contain, treat, detoxify, neutralize, or in any
way respond to or assess the effects of
pollutants; or
2) claim or suit by or on behalf of any
governmental authority relating to testing for,
monitoring, cleaning up, removing,
containing, treating, detoxifying, neutralizing,
or in any way responding to or assessing the
effects of pollutants.
Pollutants means:
a. any solid, liquid, gaseous, thermal, or
radioactive irritant or contaminant, including
acids, alkalis, chemicals, fumes, smoke, soot,
vapor, and waste. Waste includes materials to
be disposed of as well as recycled, reclaimed,
or reconditioned.
b. electrical or magnetic emissions, whether visible
or invisible, and sound emissions.
10. We do not pay for bodily injury if benefits are
provided or are required to be provided by the
insured under a workers' compensation, disability
benefits, occupational disease, unemployment
compensation, or like law.
11. We do not pay for bodily injury or property
damage that arises out of war. War includes
undeclared war, civil war, insurrection, rebellion or
revolution, or an act or a condition of war.
12. We do not pay for bodily injury that arises out of any:
a. refusal to employ;
b. termination of employment;
c. coercion, demotion, evaluation, reassignment,
discipline, defamation, harassment, humiliation,
discrimination, sexual misconduct, or other
employment-related practices, policies, acts, or
omissions; or
d. consequential bodily injury as a result of 12.a.,
12.b. and 12.c. above.
This exclusion applies where the insured is liable
either as an employer or in any other capacity; or
there is an obligation to fully or partially reimburse a third person for damages arising out of paragraph
12.a., 12.b., 12.c., or 12.d. above.
04M5A0494326
GL-100 Ed 1.0 -- 9 -- AAIS
13. We do not pay for bodily injury or property
damage included within the products/completed
work hazard except as covered under Coverage N.
ADDITIONAL EXCLUSIONS THAT APPLY ONLY TO
PROPERTY DAMAGE
1. We do not pay for property damage to property
owned by, occupied by, or rented to you, except as
covered under Coverage O.
2. We do not pay for property damage to premises
you sell, give away, or abandon, if the property
damage arises out of any part of those premises.
This exclusion does not apply if the premises are
your work and were not occupied, rented, or held
for rental by you.
3. We do not pay for property damage to property
used by or loaned to you. This exclusion does not
apply with respect to liability assumed under a
sidetrack agreement.
4. We do not pay for property damage to either
business or non-business personal property in the
care, custody, or control of the insured. This
exclusion does not apply with respect to liability
assumed under a sidetrack agreement.
5. We do not pay for property damage to that
specific part of real property on which work is being
performed by:
a. you ; or
b. a contractor or subcontractor working directly or
indirectly on your behalf,
if the property damage arises out of such work.
This exclusion does not apply with respect to
liability assumed under a sidetrack agreement.
6. We do not pay for property damage to that
specific part of any proper ty that must be restored,
repaired, or replaced because of faults in your
work. This exclusion does not apply to:
a. property damage covered under the
products/completed work hazard; or
b. liability assumed under a sidetrack agreement.
7. We do not pay for property damage to products if
the damage arises out of the products or their
parts.
8. We do not pay for
property damage to your work
if the property damage arises out of your work
and is included in the products/completed work
hazard. This exclusion does not apply if damage to
the work or the part of the work out of which the
damage arises is performed by a subcontractor on
your behalf.
9. We do not pay for property damage to property
that has not been physically injured or destroyed,
or to impaired property, that arises out of:
a. a delay or failure to perform a contract by you
or one acting on your behalf; or
b. a defect, deficiency, inadequacy, or unsafe
condition in your work or products.
This exclusion does not apply to the loss of use of
other property resulting from sudden and accidental
physical injury to or destruction of your work or
products after having been put to its intended use.
10. We do not pay for any loss or expense incurred by
you or anyone else arising out of the loss of use,
disposal, withdrawal, recall, inspection, repair,
replacement, adjustment, or removal of (including
any expenses involved in the withdrawal or recall)
of your work, products , or impaired property.
This applies when the loss of use, disposal,
withdrawal, recall, inspection, repair, replacement,
adjustment, or removal was because of a known or
suspected defect, deficiency, or unsafe condition.
ADDITIONAL EXCLUSIONS THAT APPLY ONLY TO
MEDICAL PAYMENTS
These exclusions apply in addition to the other
exclusions that apply to bodily injury.
1. We do not pay for medical expenses for bodily
injury to an insured.
2. We do not pay for medical expenses for bodily
injury to a person hired by or on behalf of any
insured to do work for:
a. an insured; or
b. a tenant of an insured.
3. We do not pay for medical expenses for bodily
injury to a person injured on that part of the
premises owned by or rented to you that the
person normally occupies.
04M5A0494326
GL-100 Ed 1.0 -- 10 -- AAIS
4. We do not pay for medical expenses for bodily
injury to a person injured while taking part in
athletic activities.
5. We do not pay for medical expenses for bodily
injury included in the products/completed work
hazard.
6. We do not pay for medical expenses for bodily
injury to your members if you are a club.
7. We do not pay for medical expenses for bodily
injury to a guest of a hotel, motel, or tourist court
owned or operated by you or on your behalf.
8. We do not pay for medical expenses for bodily
injury to a person if benefits are provided or
required to be provided under any workers'
compensation, nonoccupational disability,
occupational disease or like law.
9. We do not pay for medical expenses for bodily
injury to a:
a. student or camper enrolled in a program of any
facility owned or operated by you or on your
behalf; or
b. patient or inmate being treated or detained in a
facility owned or operated by you or on your
behalf.
WHAT MUST BE DONE IN CASE OF LOSS
1. Notice -
a. In the case of an occurrence, or if an insured
becomes aware of anything that indicates that
there might be a claim under the Commercial
Liability Coverage, you must arrange for prompt
notice to be given to us or our agent. Notice to
our agent is notice to us.
b. The notice to us must state:
1) the insured's name;
2) the policy number;
3) the time, the place, and the circumstances of
the occurrence, or the situation that
indicates that there might be a claim; and
4) the names and addresses of all known
potential claimants and witnesses.
2. Cooperation -- All insureds involved with an
occurrence or an offense must cooperate with us
in performing all acts required by the Commercial
Liability Coverage.
3. Volunteer Payments -- An insured must not make
payments or assume obligations or other costs
except at the insured's own cost. This does not
apply to first aid to others at the time of bodily
injury.
4. Other Duties -
a. If a claim is made or suit is brought, the insured
must:
1) promptly send to us copies of all legal
papers, demands, and notices; and
2) at our request, assist in:
a) a settlement;
b) the conduct of suits. This includes the
attendance at trials or hearings;
c) the enforcing of rights against all parties
who may be liable to an insured for the
injury or damage;
d) the securing of and giving of evidence;
and
e) obtaining the attendance of all witnesses.
b. In the case of a medical payments loss:
1) the injured person (or one acting on such
person's behalf) must:
a) give us written proof of claim (under oath
if requested) as soon as practicable; and
b ) g i v e us permission to get copies of the
medical records;
2) the injured person must submit to medical
exams by doctors chosen by us when and
as often as we may reasonably require.
HOW MUCH WE PAY
1. The limits, shown on the declarations and subject
to the following conditions, are the most we pay
regardless of the number of:
a. insureds under the Commercial Liability
Coverage;
b. persons or organizations who sustain injury or
damage; or
c. claims made or suits brought.
The payment of a claim under Coverage M does
not mean that we admit we are liable under other
coverages.
04M5A0494326
GL-100 Ed 1.0 -- 11 -- AAIS
2. The General Aggregate Limit is the most we will
pay during a policy period for the sum of:
a. all damages under Coverage L, except
damages due to bodily injury or property
damage included under Coverage N.
b. all medical expenses under Coverage M; and
c. all damages under Coverage O.
3. The Products/Completed Work Hazard Aggregate
Limit is the most we will pay during a policy period
for damages due to bodily injury or property
damage included under Coverage N.
4. The Each Occurrence Limit, subject to the General
Aggregate Limit and the Products/Completed Work
Hazard Aggregate Limit, is the most we will pay for
the total of:
a. damages under Coverages L, N, and O; and
b. medical expenses under Coverage M.
due to all bodily injury and property damage
arising out of a single occurrence.
5. Subject to the Each Occurrence Limit and the
General Aggregate Limit, our limit for property
damage covered under Coverage O is $50,000 for
each occurrence unless otherwise shown on the
declarations.
6. Subject to the General Aggregate Limit and the
Each Occurrence Limit, the Coverage M Limit is the
most that we will pay under Coverage M for all
medical expenses because of bodily injury
sustained by any one person.
7. The General Aggregate Limit and the Products/
Completed Work Hazard Aggregate Limit apply
separately to each consecutive 12-month period
beginning with the inception date of the
Commercial Liability Coverage shown on the
declarations. They also apply separately to any
remaining policy period of less than 12 months,
unless the Commercial Liability Coverage has been
extended after it was writ ten. In that case, the
additional period will be considered part of the last
preceding period for the purpose of determining
limits.
CONDITIONS
1. Bankruptcy -- Bankruptcy or insolvency of an
insured does not relieve us of our obligations
under Commercial Liability Coverage.
2. Insurance Under More Than One Policy --
(Applies to all coverages except Coverage M --
Medical Payments.)
a. Insurance under this Commercial Liability
Coverage is primary except as provided under
paragraph 2.c. below, or unless otherwise
stated. The amount of our liability is not
reduced because of other insurance which
applies to the loss on other than a primary
basis.
b. If the other insurance is also primary, we will
share in the loss as follows:
1) If the other insurance provides for
contribution by equal shares, we will pay
equal amounts with other insurers until:
a) the lowest applicable limit under any one
policy is reached; or
b) the full amount of the loss is paid.
If part of the loss remains unpaid, we will pay
an equal share with the other insurers until
the full amount of the loss is paid, or until we
have paid our limit in full.
2) If the other insurance does not provide for
contribution by equal shares, we will pay, up
to our limit, no more than that proportion of
the loss to which the applicable limit under
this policy for such loss bears to the total
applicable limit for all insurance against the
loss.
c. Insurance under this Commercial Liability
Coverage is excess over any other insurance:
1) if the other insu rance, whether primary,
excess, contingent, or on any other basis,
provides:
a) fire, extended coverage, builders' risk,
installation risk, or similar coverage for
your work; or
b) fire insurance for premises rented to you;
or
2) if the other insurance applies to any loss
arising out of the maintenance or use of
aircraft, autos, or watercraft which may be
covered by this policy.
04M5A0494326
GL-100 Ed 1.0 -- 12 -- AAIS
d. When this insurance is excess over any other
insurance:
1 ) we will have no duty to defend any claim or
suit that any other insurer has a duty to
defend. If no other insurer defends, we will
do so. However, we will be entitled to the
insured's rights against all those other
insurers.
2 ) we will pay our share of the amount of loss,
if any, that exceeds the sum of:
a) the total amount that all such other
insurance would pay for the loss in the
absence of this insurance; and
b) the total of all deductibles and
self-insured amounts required by such
other insurance.
W e will share the remaining loss with any
other insurance that is not described in this
excess insurance provision and was not
bought specifically to apply in excess of the
limits shown on the declarations of this
Commercial Liability Coverage.
3. Misrepresentation, Concealment or Fraud --
This coverage is void as to you and any other
insured if before or after a loss:
a. you have or any insured has willfully concealed
or misrepresented:
1) a material fact or circumstance that relates to
this insurance or the subject thereof; or
2) the insured's interest herein;
b. there has been fraud or false swearing by you
or any other insured with regard to a matter
that relates to this insurance or the subject
thereof.
4. Motor Vehicle Financial Responsibility
Certification -- When Commercial Liability
Coverage is certified as proof of financial
responsibility for the future under the provisions of
any motor vehicle financial responsibility law, the
insurance provided for bodily injury liability or
property damage l i a b i l i t y w i l l c o m p l y w i t h t h e provisions of the law to the extent of the coverage
and limits of insurance required by that law.
5. Premium -- If the premium is shown on the
declarations as a deposit premium, we will
compute the final earned premium at the end of
each audit period shown on the declarations. If it
is more than the deposit premium paid by you, we
will bill you for the difference. If the final earned
premium is less than the deposit premium paid by
you, we will return the difference to you. You must
maintain records of the information that is
necessary for computing the premium. Copies of
the records must be sent to us at the end of the
audit period or when requested by
us.
6. Separate Insureds -- Coverage provided under the
Commercial Liability Coverage applies separately
to each insured against whom claim is made or
suit is brought. This does not affect the limits
stated under How Much We Pay.
7. Subrogation -- If we pay under the Commercial
Liability Coverage, we may require from an
insured an assignment of any right of recovery.
We are not liable under the Commercial Liability
Coverage if any insured has impaired our right to
recover. An insured may waive the right to
recover, in writing, before an occurrence takes
place.
8. Suit Against Us -- No suit may be brought against
us unless:
a. all the terms of the Commercial Liability
Coverage have been complied with; and
b. the amount of the insured's liability has been
determined by:
1) a final judgment against an insured as a
result of a trial; or
2) a written agreement by the insured, the
claimant, and us.
No person has a right under the Commercial
Liability Coverage to join us or implead us in
actions that are brought to determine an insured's
liability.
NUCLEAR ENERGY
LIABILITY EXCLUSION
This insurance does not apply:
1. under any liability coverage, to bodily injury or
property damage:
a. with respect to which an insured under the policy
is also an insured under a Nuclear Energy
Liability policy issued by Nuclear Energy Liability
Insurance Association, Mutual Insurance
Association, Mutual Atomic Energy Liability
Underwriters, Nuclear Insurance Association of
Canada or any of their successors, or would be an
insured under any such policy but for its
04M5A0494326
GL-100 Ed 1.0 -- 13 -- AAIS
termination upon exhaustion of its limit of liability;
or
b. resulting from the hazardous properties of
nuclear material and with respect to which:
1) any person or organization is required to
maintain financial protection pursuant to the
Atomic Energy Act of 1954, or any law
amendatory thereto; or
2) the insured is, or had this policy not been
issued would be, entitled to indemnity from
the United States of America or any agency
thereof, under any agreement entered into
by the United States of America or any
agency thereof, with any person or
organization.
2. under any Medical Payments coverage, to
expenses incurred with respect to bodily injury
resulting from the hazardous properties of
nuclear material and arising out of the operation of
a nuclear facility by any person or organization.
3. under any liability coverage, to bodily injury or
property damage resulting from the hazardous
properties of nuclear material, if:
a. the nuclear material:
1) is at any nuclear facility owned by, or
operated by or on behalf of, an insured; or
2) has been discharged or dispersed therefrom;
b. the nuclear material is contained in spent fuel
or waste at any time possessed, handled, used,
stored, processed, transp orted, or disposed of
by or on behalf of an insured; or
c. the bodily injury or property damage arises
out of the furnishing by an insured of services,
materials, parts, or equipment in connection
with the planning, construction, maintenance,
operation, or use of any nuclear facility, but if
such facility is located within the United States
of America, its territories or possessions, or
Canada, this exclusion (c.) applies only to
property damage to such nuclear facility and
any property thereat.
DEFINITIONS
The following definitions apply to the Nuclear Energy
Liability Exclusion:
1. Hazardous Properties -- These include
radioactive, toxic, or explosive properties.
2. Nuclear Material -- This means source material,
special nuclear material, or by-product material.
3. Source Material, Special Nuclear Material,
By-product Material -- These have the meanings
given them in the Atomic Energy Act of 1954, or in
any law amendatory thereof.
4. Spent Fuel -- This means any fuel element or fuel
component, solid or liquid, which has been used or
exposed to radiation in a nuclear reactor.
5. Waste -- This means any waste material:
a. containing by-product material other than the
tailings or wastes produc ed by the extraction or
concentration of uranium or thorium from any
ore processed primarily for its source material
content; and
b. resulting from the operation by any person or
organization of any nuclear facility included
under the first two paragraphs of the definition
of nuclear facility.
6. Nuclear Facility -- This means:
a. any nuclear reactor.
b. any equipment or device designed or used for:
1) separating the isotopes of uranium or
plutonium;
2) processing or utilizing spent fuel; or
3) handling, processing, or packaging waste.
c. any equipment or device used for the
processing, fabricating, or alloying of special
nuclear material if at any time the total amount
of such material in the custody of the insured at
the premises where such equipment or device is
located consists of or contains more than 25
grams of plutonium or uranium-233 or any
combination thereof, or more than 250 grams of
uranium-235.
d. any structure, basin, excavation, premises, or
place prepared or used for the storage or
disposal of waste;
and includes the site on which any of the foregoing
is located, all operations conducted on such sites,
and all premises used for such operations.
7. Nuclear Reactor -- This means any apparatus
designed or used:
04M5A0494326
GL-100 Ed 1.0 -- 14 -- AAIS
a. to sustain nuclear fission in a self-supporting
chain reaction; or
b. to contain a critical mass of fissionable material.
8. Property Damage -- This includes all forms of
radioactive contamination of property.
04M5A0494326
BCL-301 (1.0) Page 1 of 1
PROVISION MODIFICATION
This Provision Modification Endorsement is subject to all of the terms of this policy, other than the terms that are specifically revised herein.
- PLEASE READ THIS CAREFULLY -
- PROVISION MODIFICATION-
FORM NUMBER REFERENCE
In relation to all Property and Liability
Coverages of this policy, any reference within
a particular policy form to another policy form
by its reference number (e.g. BCL-100, BGL-
61, or BCP-12) will refer either to the form so
referenced, or, if such form is not shown on
the declarations, then such reference
number will instead apply to any policy form
shown on the declarations that is designated
by the same reference number that is
followed by an additional suffix (e.g. BCL-
100B, BGL-61R, BCP12B).
OTHER PROVISIONS
All other provisions of the policy will continue to
apply.
04M5A0494326
Customer Notice:
Value-Added Benefits
As a FXVWRPHURIBrotherhood Mutual Insurance Company,
youZLOO find more available than just insurance coverage Brotherhood Mutual insurance policies have been designed to protect religious and not- for-profit organizations like yours. The heart of any insurance company is to protect its policyholders against covered loss HV through the coverages WKH\ SURYLGH within WKHLU policies%URWKHUKRRG0XWXDOKDVWDNHQthis commitment to a new level.
Brotherhood Mutual offers ministry organizations many value added benefits and services through WKH FRPSDQ\
V website www.brotherhoodmutual.com.T h i ss i t e
contains unparalleled ministry-focused safety and risk management resources and other valuable content. Brotherhood Mutual also can provide ministries with:
x Outstanding safety and risk management guidebooks, checklists and other resources thathave been developed to help ministries like yours protect their people, property and reputationPRUHHIIHFWLYHO\
x Free access to Legal Assist, a legal resource designed to help churches and ministries quickly explore and assess the unique legal issues that face their organizations x Free relationship-building activities or events, including ULVNcontrol reviews by company representatives, training FRXUVHV and customer forums designed to better understand andmeet the needs of the ministries we insure
x Free or discounted access to RQOLQH content, events or services, such as risk mitigation conferences and risk management tools for which non-policyholders may be charged a fee
x Discounted services offered by Brotherhood Mutual subsidiary organizations or by Brotherhood Mutual alliance partners, for which non-policyholders may be charged a fee x Other benefits, services or opportunities designed to introduce customers and prospective customers to %URWKHUKRRG0XWXDO or to further their ministry operations.
Important Notice : None of the above value-added benefits, services, offerings, materials, resources, discounts or opportunities are offered as a condition of purchasing insurance from %URWKHUKRRG 0XWXDO; and when such an offer is made, it is made regardless of whether or not a ministry organization chooses to insure with %URWKHUKRRG0XWXDO.
Please read your policy carefully
Your Brotherhood Mutual agent will be pleased to address any questions you may have concerning your policy. Thank you for trusting us to help you protect your ministry.
BN-11A (1.) Page 1 of 1
04M5A0494326
04M5A0494326
BCL-120 (1.0) Copyright, 2020 Brotherhood Mutual Insurance Company Page 1 of 1 All Rights Reserved
This endorsement changes the policy
-- PLEASE READ THIS CAREFULLY --
AMENDATORY ENDORSEMENT
-A s s i g n m e n t -
Under Common Policy Conditions, Assignment is
deleted and replaced by the following:
1. Assignment - This policy may not be assigned in
whole or in part without our written consent. Our
written consent is required for any assignment of
policy rights including any assignment of pre-loss
benefits and obligations and any assignment of post-
loss benefits and obligations. Any assignment of
policy rights or obligations without our written
consent is void and unenforceable.
04M5A0494326
CL 0162 01 19 Copyright, American Association of Insurance Services, Inc., 2019 AAIS AAIS This endorsement changes
CL 0162 01 19 the policy
AMENDATORY ENDORSEMENT
CALIFORNIA
1. Under Common Policy Conditions,
Cancellation is deleted and replaced by the
following:
Cancellation And Nonrenewal
a. "You" may cancel this policy by returning
the policy to "us" or by giving "us" written
notice and stating at what future date
coverage is to stop.
b. "We" may cancel or not renew this policy
by delivering or mailing written notice to
the producer of record and to "you" at
"your" mailing address last known to
"us". "Our" notice will state the reason for
the cancellation or nonrenewal. Proof of
delivery or mailing is sufficient proof of
notice.
c. If this policy has been in effect for 60
days or less, "we" may cancel for any
reason. "We" will give "you" notice at
least 10 days before the cancellation is
effective. "Our" notice will state the date
on which the cancellation is effective.
Such notice may be delivered by
electronic means if "you" have
affirmatively consented to that method of
delivery and have not withdrawn such
consent.
d. If this policy has been in effect for more
than 60 days, or if it is a renewal of a
policy issued by "us", "we" may cancel
only for one or more of the following
reasons:
1) nonpayment of premium;
2) there has been a judgment by a
court or an administrative tribunal
that "you" have violated a law of this
state or the United States involving
an act that materially increases a
hazard insured against;
3) there has been a discovery of fraud
or material misrepresentation
committed by:
a) a person insured under this
coverage or his or her
representative in obtaining this
insurance; or
b) "you" or "your" representative in
pursuing a claim under this
policy;
4) there has been a discovery of willful
or grossly negligent acts or
omissions, or of violations of state
laws or regulations establishing
safety standards by "you" or "your"
representative, that materially
increase a hazard insured against;
5) there has been a failure by "you" or
"your" representative to implement
reasonable loss control requirements
to which "you" agreed as a condition
of the issuance of this policy, or
which were required in order to
qualify for a particular rate or rating
plan, if the failure materially
increases a hazard insured against;
6) the Insurance Commissioner has
determined that loss of, or changes
in, "our" reinsurance would threaten
"our" financial integrity or solvency;
7) the Insurance Commissioner has
determined that a continuation of this
policy would place "us" in violation of
the law or that continuation of
coverage would threaten "our"
solvency; or
8) there has been a change made by
"you" or "your" representative in the
activities or property which has
resulted in a materially added,
increased, or changed hazard that is
not included in the policy.
04M5A0494326
AAIS
CL 0162 01 19
CL 0162 01 19 Copyright, American Association of Insurance Services, Inc., 2019 AAIS If "we" cancel this policy for nonpayment
of premium or fraud, "we" will give "you"
notice at least 10 days before the
cancellation is effective. If "we" cancel
this policy for any other reason, "we" will
give "you" notice at least 30 days before
cancellation is effective. "Our" notice will
state the date on which the cancellation
is effective. Such notice may be
delivered by electronic means if "you"
have affirmatively consented to that
method of delivery and have not
withdrawn such consent.
e. "Your" return premium, if any, will be
calculated on a pro rata basis and will be
refunded at the time of cancellation or
within 80 business days of cancellation
unless this policy is subject to audit. If
this policy is subject to audit, it will be
refunded to "you" within 80 business
days of the date "you" provide all
information needed to conduct an audit.
Payment or tender of the unearned
premium is not a condition of
cancellation.
f. If we decide not to renew this policy, "we"
will give "you" notice at least 60 days, but
not more than 120 days, before the
nonrenewal is effective.
However, notice of nonrenewal is not
required if:
1) this policy is transferred to or
renewed by another insurer in "our"
insurance group without changing
policy "terms" or the rate on which
the premium is based;
2) the policy has been extended for 90
days or less after notice was given in
accordance with the requirements of
this condition;
3) "you" have obtained replacement
coverage or have agreed in writing to
obtain replacement coverage within
60 days of the termination of this
policy;
4) this policy was issued for a term of
60 days or less and "you" were
notified when the policy was issued
that it would not be renewed;
5) "you" request a change in "terms" or
hazards covered within 60 days of
the end of the policy period; or
6) in accordance with the requirements
of this condition, "we" have made a
written offer to renew the policy with
changed "terms" or at a change to
the rate on which the premium is
based.
g. If this policy covers a one- to four-family
dwelling used predominantly for
residential purposes, except in cases in
which "you" terminate the policy, "we"
may not cancel or not renew this policy
solely:
1) because "you" have accepted "our"
offer of earthquake coverage; or
2) because of corrosive soil conditions,
if this policy contains an exclusion
relating to that peril; or
3) because the dwelling is located in an
area in which a wildfire has occurred
and a state of emergency, as defined
in Section 8558 of the Government
Code of California, has been
declared in response, but only to the
extent such cancellation or
nonrenewal is prohibited by Section
675.1(b) of the California Insurance
Code.
h. If this policy covers a one- to four-family
dwelling used predominantly for
residential purposes and if, in
accordance with California law, "you"
have designated an additional person to
receive notice of the nonrenewal or
cancellation of this policy for nonpayment
of premium, "we" will give notice to such
person at least 10 days before the
nonrenewal or cancellation is effective.
Such notice will be sent by first-class
United States mail, postage prepaid, to
the address provided by "you" within 10
days after the date on which the premium
is due and unpaid.
04M5A0494326
AAIS
CL 0162 01 19
CL 0162 01 19 Copyright, American Association of Insurance Services, Inc., 2019 AAIS Except as provided above, no person
designated by "you" to receive notice of
the nonrenewal or cancellation of this
policy for nonpayment of premium has
any rights, whether as an additional
insured or otherwise, to any benefits
under this policy.
2. Under Common Policy Conditions, the
following condition is added:
Conditional Renewal – If "we" condition the
renewal of this policy upon:
a. a reduction in "limits";
b. an elimination of coverage;
c. an increase in deductibles; or
d. a rate increase of more than 25%;
"we" will deliver or mail written notice to the
producer of record and to "you", at the
mailing address shown in the policy, at least
60 days, but not more than 120 days, before
the end of the policy period. Such notice may
be delivered by electronic means if "you"
have affirmatively consented to that method
of delivery and have not withdrawn such
consent. Proof of delivery or mailing is
sufficient proof of notice.
CL 0162 01 19
04M5A0494326
Notice of Payment-Related Charges
Payment Plan Options-
The premium for this policy is payable in full on an annual basis, unless a different Payment Plan (Semi-Annual, Quarterly or Monthly) is indicated in the Declarations. Regardless of which Payment Plan applies, payment must be made in accordance with billing notices that are sent in connection with this policy in order to maintain coverage under the policy.
Payment Plan Service Charges-
If a Payment Plan other than an annual plan is in place, a Service Charge will apply as outlined below. This Service Charge will apply in addition to the regular policy premium and any other applicable charges.
SERVICE CHARGES:
If premium is paid through an Electronic Funds Transfer process , then the following Service Charge will apply:
Payment Plan Type Service Charge per Payment
Annual, Semi-Annual or No Service Charge Applies
Quarterly
Monthly A $3.00 per pay Service Charge Applies
If premium is paid through the mail (or in any manner other than through an Electronic Funds Transfer process), then the following Service Charge will apply:
Payment Plan Type Service Charge per Payment
Annual No Service Charge Applies
Semi-Annual, Quarterly A $6.00 per pay Service Charge Applies or Monthly
Policy Reinstatement Charges-
If your policy has been cancelled or non-renewed and we elect to re-instate it, you will be billed an additional $20.00 to cover additional processing associated with having the policy re-instated.
Insufficient Funds Charges-
If a bank account has insufficient funds to cover the payment that you have submitted to us or that we have been authorized to retrieve, you will be billed an additional $20.00 to cover additional processing associated with collecting the funds owed to us.
This Notice form provides no coverage of any kind, and nothing in this form will waive, alter, vary or extend any of the terms of this policy or any coverage provided by the policy.
Please read your policy carefully
Your Brotherhood Mutual agent will be pleased to address any questions you may have concerning your policy billings.
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04M5A0494326
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ADDITIONAL POLICY CONDITIONS
PREMIUM ADJUSTMENTS
Any change in your exposure or your experience
(including any change in building values, loss
exposure, loss experience, territory-related factors or other exposure-related changes), or any revision of
applicable filed rates, can result in a mid-term change to your policy premium. If we become aware of any
material change in hazard or any substantial change in
exposure and if we agree to cover such exposure
under the policy, your premium will be revised
effective as of the date that coverage for such
exposure commences. Premium changes reflecting
routine exposure changes, experience changes or rate
changes will be applied each year at policy
anniversary.
Any property or liability coverage provided by this policy is subject to the provision shown below.
-Please read this carefully-
04M5A0494326
This endorsement changes
EX-0606 (1.0) the policy