AMENDMENT TO AGREEMENT
Updated – August 15, 2022
-- Page 1 of 4 Pages --
AGREEMENT NO. 2023-244(1)
AMENDMENT NO. [1] TO
AGREEMENT NO. 2023-244
This AMENDMENT NO. 1 TO AGREEMENT NO. 2023-244 is made and entered into on ________________, by and between the CITY OF BAKERSFIELD, a municipal corporation (referred to herein as “CITY”), and COMMUNITY ACTION PARTNERSHIP OF KERN , a Non-profit Corporation authorized to do business in California (referred to herein as “CONTRACTOR”). CITY and CONTRACTOR are collectively referred to as “Parties” herein.
R E C I T A L S
WHEREAS, in July 2022, the Board of State and Community Corrections’ (BSCC) awarded the City of Bakersfield a multi -year $3,114,625 California Violence Intervention and Prevention (CalVIP) Cohort 4 grant (Grant Award #BSCC 873 -22) to implement a Socioecological Model focused on using a public health approach to expand on the City’s gun violence reduction efforts; and
WHEREAS, on October 11, 2023 , CITY and CONTRACTOR entered into Agreement No. 2023-244 utilizing CalVIP Cohort 4 funding for an outreach worker who w ould provide immediate incident response and mediation to prevent retaliation between individuals and groups within the City gun violence reduction strategies (GVRS) training and technical assistance; and WHEREAS, BSCC recently extended the end date of the CalVIP Cohort 4 grant, from December 31, 2025, to June 30, 2026; and
WHEREAS, the Parties now desire to amend Agreement No. 2023 -244 in order to modify the scope of work, remove the fee schedule yet maintain the same compensation amount, and extend the term to June 30, 2026.
NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and CONTRACTOR mutually agree as follows:
1. Section 1 of Agreement No. 2023-244 entitled “SCOPE OF WORK” is hereby amended to add the following paragraphs:
1.9 Effectively document all program-related activities, including but not limited to contacts, outreach events, etc., within forty-eight (48) Docusign Envelope ID: 62EC916F-771B-4267-965F-ABB604773E9E
AMENDMENT TO AGREEMENT
Updated – August 15, 2022
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hours of the completion of that activity in CITY’s dedicated OVIP case management system.
1.10 CONTRACTOR will make at least three (3) contact attempts weekly for all referred individuals and active participants on their caseload.
Contact attempts will consist of a minimum of one (1) text message, one (1) phone call, and one (1) in-person interaction. All newly referred referrals must be contacted within seventy-two (72) hours of assignment.
2. Section 3 of Agreement No. 2023-244 entitled “COMPENSATION/PAYMENT PROCEDURE” is hereby amended to read as follows:
3. COMPENSATION/PAYMENT PROCEDURE. Compensation for all work, services or products called for under this Agreement shall not exceed TWO HUNDRED AND TWENTY-FIVE THOUSAND DOLLARS ($225,000) and is the total compensation under this Agreement including, but not limited to, all out -of-pocket costs and taxes. CITY shall pay only the compensation listed unless otherwise agreed to in writing by the parties.
3.1 In the event that expenditures submitted for reimbursement to CITY are determined to be ineligible expenses, per the BSCC Grant Administration Guide, CITY is not obligated to pay CONTRACTOR for reimbursement of ineligible expenses.
3.2 CONTRACTOR shall be paid for services rendered after receipt of an itemized invoice for the work completed and approved by CITY in accordance with the terms of this Agreement. Payment by CITY to CONTRACTOR shall be made within thirty (30) days after receipt and approval by CITY of CONTRACTOR' s itemized invoice. Invoices shall be accompanied with source documentation that support contract billings. Time and attendance reports must support hours charged. Travel vouchers detailing the purpose, time, and destination must support travel claims. Purchase orders, invoices, etc., must support operating expense claims. Dual compensation (i.e., payment to a party more than once for the same work) is specifically prohibited.
3. Section 4 of Agreement No. 2023-244 entitled “TERM” is hereby amended to read as follows:
4. TERM. Unless terminated sooner, as set forth herein, this Agreement shall terminate on June 30, 2026 , plus the three -year minimum records retention period, required by BSCC guidelines.
Docusign Envelope ID: 62EC916F-771B-4267-965F-ABB604773E9E
AMENDMENT TO AGREEMENT
Updated – August 15, 2022
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4. Section 10 of Agreement No. 2023-244 entitled “AUDIT REQUIREMENT” is hereby amended to read as follows:
10. AUDIT REQUIREMENT. The CITY, as grantee, is required to provide BSCC with a financial audit no later than June 30, 2026. The audit will be conducted between December 31, 2025, and June 30, 2026.
5. Except as amended herein, all provisions of Agreement No. 2023-244 shall remain in full force and effect.
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IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 1 to Agreement No. 2023-244 to be executed the day and year first above written.
“CITY” “CONTRACTOR”
CITY OF BAKERSFIELD COMMUNITY ACTION PARTNERSHIP
OF KERN
By:____________________________ By:_________________________________
KAREN GOH JEREMY TOBIAS
Mayor CEO
APPROVED AS TO CONTENT:
CITY MANAGER’S OFFICE
By:____________________________
CHRISTIAN CLEGG
City Manager
Additional Signatures on the following page
Docusign Envelope ID: 62EC916F-771B-4267-965F-ABB604773E9E
AMENDMENT TO AGREEMENT
Updated – August 15, 2022
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APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
By:____________________________
VIRGINIA GENNARO
City Attorney
Insurance:____________
COUNTERSIGNED:
By:____________________________
RANDY MCKEEGAN
Finance Director
Docusign Envelope ID: 62EC916F-771B-4267-965F-ABB604773E9E ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED?
INSR ADDL SUBRLTR INSD WVD
PRODUCER CONTACTNAME:
FAXPHONE (A/C, No):(A/C, No, Ext):
E-MAILADDRESS:
INSURER A :
INSURED INSURER B :
INSURER C :
INSURER D :
INSURER E :
INSURER F :
POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS (MM/DD/YYYY) (MM/DD/YYYY)
AUTOMOBILE LIABILITY
UMBRELLA LIAB
EXCESS LIAB
WORKERS COMPENSATIONAND EMPLOYERS' LIABILITY
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
AUTHORIZED REPRESENTATIVE
EACH OCCURRENCE $
DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person)$
PERSONAL & ADV INJURY$
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $
PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT
OTHER: $
COMBINED SINGLE LIMIT$(Ea accident)
ANY AUTO BODILY INJURY (Per person)$
OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $
OCCUR EACH OCCURRENCE
CLAIMS-MADE AGGREGATE $
DED RETENTION $
PER OTH-STATUTE ER
E.L. EACH ACCIDENT
E.L. DISEASE - EA EMPLOYEE$If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC #
COMMERCIAL GENERAL LIABILITY
Y / N
N / A(Mandatory in NH)
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED INACCORDANCE WITH THE POLICY PROVISIONS.
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
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 endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement onthis certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
CERTIFICATE HOLDER CANCELLATION
© 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03)
CERTIFICATE OF LIABILITY INSURANCE
DATE (MM/DD/YYYY)
$
$
$
$
$
The ACORD name and logo are registered marks of ACORD
6/4/2025
License # 0D44424
(661) 316-5195 (661) 281-4992
18058
Community Action Partnership of Kern
1300 18th St. # 200
Bakersfield, CA 93301
10855
A 1,000,000
PHPK2662179008 3/1/2025 3/1/2026 100,000
5,000
1,000,000
3,000,000
3,000,000
1,000,000A
PHPK2662179008 3/1/2025 3/1/2026
B
COWC563393 7/31/2024 7/31/2025 1,000,000
1,000,000
1,000,000
Agreement # 2023-244. California Violence Intervention and Prevention (CalVIP) Cohort 4 grant (Grant Award #BSCC 873-22) The City, its mayor, council, officers, agents, employees, and volunteers are an additional insured with respect to General Liability if required or agreed to in a written contract subject to all provisions and limitations of the policy per form # PIGLDHS1011 attached.
City of Bakersfield
1600 Truxtun Ave
Bakersfield, CA 93301
COMMACT03C TRAMIREZ
INSURICA8500 Stockdale Highway, Suite 200Bakersfield, CA 93311 Tori Ramirez, CIC, CISR
[email protected]
Philadelphia Indemnity Insurance Company
Cypress Insurance Company
X
X
X
X
Docusign Envelope ID: 62EC916F-771B-4267-965F-ABB604773E9E PI-GLD-HS (10/11)
Includes copyrighted material of Insurance Services Office, Inc., with its permission. © 2011 Philadelphia Indemnity Insurance Company
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
GENERAL LIABILITY DELUXE ENDORSEMENT:
HUMAN SERVICES
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE
It is understood and agreed that the following extensions only apply in the event that no other specific coverage for the indicated loss exposure is provided under this policy. If such specific coverage applies, the terms, conditions and limits of that coverage are the sole and exclusive coverage applicable under this policy, unless otherwise noted on this endorsement. The following is a summary of the Limits of Insurance and additional coverages provided by this endorsement. For complete details on specific coverages, consult the policy contract wording.
Coverage Applicable Limit of Insurance Page #
Extended Property Damage Included 2
Limited Rental Lease Agreement Contractual Liability $50,000 limit 2 Non-Owned Watercraft Less than 58 feet 2
Damage to Property You Own, Rent, or Occupy $30,000 limit 2 Damage to Premises Rented to You $1,000,000 3
HIPAA Clarification 4
Medical Payments $20,000 5
Medical Payments Extended Reporting Period 3 years 5
Athletic Activities Amended 5
Supplementary Payments Bail Bonds $5,000 5
Supplementary Payment Loss of Earnings $1,000 per day 5 Employee Indemnification Defense Coverage $25,000 5
Key and Lock Replacement Janitorial Services Client Coverage $10,000 limit 6 Additional Insured Newly Acquired Time Period Amended 6 Additional Insured Medical Directors and Administrators Included 7 Additional Insured Managers and Supervisors (with Fellow Employee Coverage)
Included 7
Additional Insured Broadened Named Insured Included 7 Additional Insured Funding Source Included 7
Additional Insured Home Care Providers Included 7
Additional Insured Managers, Landlords, or Lessors of Premises Included 7 Additional Insured Lessor of Leased Equipment Included 7 Additional Insured Grantor of Permits Included 8
Additional Insured Vendor Included 8
Additional Insured Franchisor Included 9
Additional Insured When Required by Contract Included 9 Additional Insured Owners, Lessees, or Contractors Included 9 Additional Insured State or Political Subdivisions Included 10 Docusign Envelope ID: 62EC916F-771B-4267-965F-ABB604773E9E PI-GLD-HS (10/11)
Includes copyrighted material of Insurance Services Office, Inc., with its permission. © 2011 Philadelphia Indemnity Insurance Company
Duties in the Event of Occurrence, Claim or Suit Included 10 Unintentional Failure to Disclose Hazards Included 10
Transfer of Rights of Recovery Against Others To Us Clarification 10 Liberalization Included 11
Bodily Injury includes Mental Anguish Included 11
Personal and Advertising Injury includes Abuse of Process, Discrimination
Included 11
A. Extended Property Damage
SECTION I COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Subsection 2. Exclusions, Paragraph a. is deleted in its entirety and replaced by the following:
a. Expected or Intended Injury
This exclusion does not apply t
reasonable force to protect persons or property.
B. Limited Rental Lease Agreement Contractual Liability SECTION I COVERAGES, COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Subsection 2. Exclusions, Paragraph b. Contractual Liability is amended to include the following:
(3)
named insured for their liability assumed in a contract or agreement regarding the rental or lease of a premises on behalf of their client, up to $50,000. This coverage extension only applies to rental lease agreements.
liability insurance of the client.
C. Non-Owned Watercraft
SECTION I COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Subsection 2. Exclusions, Paragraph g. (2) is deleted in its entirety and replaced by the following:
(2) A watercraft you do not own that is:
(a) Less than 58 feet long; and
(b) Not being used to carry persons or property for a charge; This provision applies to any person, who with your consent, either uses or is responsible for the use of a watercraft. This insurance is excess over any other valid and collectible insurance available to the insured whether primary, excess or contingent.
D. Damage to Property You Own, Rent or Occupy
SECTION I COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE Docusign Envelope ID: 62EC916F-771B-4267-965F-ABB604773E9E PI-GLD-HS (10/11)
Includes copyrighted material of Insurance Services Office, Inc., with its permission. © 2011 Philadelphia Indemnity Insurance Company
LIABILITY, Subsection 2. Exclusions, Paragraph j. Damage to Property, Item (1) is deleted in its entirety and replaced with the following:
(1) Property you own, rent, or occupy, including any costs or expenses incurred by you, or any other person, organization or entity, for repair, replacement, enhancement, restoration or maintenance of such property for any reason, including prevention of injury your client, up to a $30,000 limit. A client is defined as a person under your direct care and supervision.
E. Damage to Premises Rented to You
1. If damage by fire to premises rented to you is not otherwise excluded from this Coverage Part, the w
a. The last paragraph of SECTION I COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Subsection 2. Exclusions; is deleted in its entirety and replaced by the following:
Exclusions c. through n. do not apply to damage by fire, lightning, explosion, smoke, or leakage from automatic fire protective systems to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in SECTION III LIMITS OF INSURANCE. b. SECTION III LIMITS OF INSURANCE, Paragraph 6. is deleted in its entirety and replaced by the following:
Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of "property damage" to any one premises, while rented to you, or in the case of damage by fire, lightning, explosion, smoke, or leakage from automatic fire protective systems while rented to you or temporarily occupied by you with permission of the owner. c. SECTION V DEFINITIONS, Paragraph 9.a., is deleted in its entirety and replaced by the following:
A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning, explosion, smoke, or leakage from automatic fire protective systems to premises while rented to you or temporarily occupied by you with permission of the owner is not an "insured contract";
2. SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS, Subsection 4. Other Insurance, Paragraph b. Excess Insurance, (1) (a) (ii) is deleted in its entirety and replaced by the following:
That is insurance for fire, lightning, explosion, smoke, or leakage from automatic fire protective systems for premises rented to you or temporarily occupied by you with permission of the owner;
3. The Damage To Premises Rented To You Limit section of the Declarations is amended to the greater of:
Docusign Envelope ID: 62EC916F-771B-4267-965F-ABB604773E9E PI-GLD-HS (10/11)
Includes copyrighted material of Insurance Services Office, Inc., with its permission. © 2011 Philadelphia Indemnity Insurance Company
a. $1,000,000; or
b. The amount shown in the Declarations as the Damage to Premises Rented to You Limit.
This is the most we will pay for all damage proximately caused by the same event, whether such damage results from fire, lightning, explosion, smoke, or leaks from automatic fire protective systems or any combination thereof.
F. HIPAA
SECTION I COVERAGES, COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY, is amended as follows:
1. Paragraph 1. Insuring Agreement is amended to include the following:
We will pay those sums that the insured becomes legally obligated to pay as damages because ity and Accountability Act (HIPAA). We have
2. Paragraph 2. Exclusions is amended to include the following additional exclusions:
This insurance does not apply to:
a. Intentional, Willful, or Deliberate Violations
b. Criminal Acts
riminal penalties under the HIPAA.
c. Other Remedies
Any remedy other than monetary damages for penalties assessed. d. Compliance Reviews or Audits
Any compliance reviews by the Department of Health and Human Services.
3. SECTION VDEFINITIONS is amended to include the following additional definitions:
a.
b.
c. regulations included in the
HIPAA.
Docusign Envelope ID: 62EC916F-771B-4267-965F-ABB604773E9E PI-GLD-HS (10/11)
Includes copyrighted material of Insurance Services Office, Inc., with its permission. © 2011 Philadelphia Indemnity Insurance Company
G. Medical Payments Limit Increased to $20,000, Extended Reporting Period If COVERAGE C MEDICAL PAYMENTS is not otherwise excluded from this Coverage Part:
1. The Medical Expense Limit is changed subject to all of the terms of SECTION III - LIMITS OF INSURANCE to the greater of:
a. $20,000; or
b. The Medical Expense Limit shown in the Declarations of this Coverage Part.
2. SECTION I COVERAGE, COVERAGE C MEDICAL PAYMENTS, Subsection 1. Insuring Agreement, a. (3) (b) is deleted in its entirety and replaced by the following:
(b) The expenses are incurred and reported to us within three years of the date of the accident.
H. Athletic Activities
SECTION I COVERAGES, COVERAGE C MEDICAL PAYMENTS, Subsection 2. Exclusions, Paragraph e. Athletic Activities is deleted in its entirety and replaced with the following:
e. Athletic Activities
To a person injured while taking part in athletics.
I. Supplementary Payments
SECTION I COVERAGES, SUPPLEMENTARY PAYMENTS - COVERAGE A ANDB are amended as follows:
1. b. is deleted in its entirety and replaced by the following:
1. b. Up to $5000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these.
1.d. is deleted in its entirety and replaced by the following:
1. d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to $1,000 a day because of time off from work.
J. Employee Indemnification Defense Coverage
SECTION I COVERAGES, SUPPLEMENTARY PAYMENTS COVERAGES A AND B the following is added:
We will pay
occurring in the course of employment.
proceeding is $25,000 regardl
.
Docusign Envelope ID: 62EC916F-771B-4267-965F-ABB604773E9E PI-GLD-HS (10/11)
Includes copyrighted material of Insurance Services Office, Inc., with its permission. © 2011 Philadelphia Indemnity Insurance Company
K. Key and Lock Replacement Janitorial Services Client Coverage SECTION I COVERAGES, SUPPLEMENTARY PAYMENTS COVERAGES A AND B is amended to include the following:
W
, up to a $10,000 limit per occurrence and $10,000
policy aggregate.
We will not pay for loss or damage resulting from theft or any other dishonest or criminal act that authorized representatives or any one to
purpose commit, whether acting alone or in collusion with other persons.
The following, when used on this coverage, are defined as follows:
a. "Client" means an individual, company or organization with whom you have a written contract or work order for your services for a described premises and have billed for your services. b. "Employee" means:
(1) Any natural person:
(a) While in your service or for 30 days after termination of service; (b) Who you compensate directly by salary, wages or commissions; and (c) Who you have the right to direct and control while performing services for you; or (2) Any natural person who is furnished temporarily to you:
(a) To substitute for a permanent "employee" as defined in Paragraph (1) above, who is on leave; or
(b) To meet seasonal or short-term workload conditions; while that person is subject to your direction and control and performing services for you. (3) "Employee" does not mean:
(a) Any agent, broker, person leased to you by a labor leasing firm, factor, commission merchant, consignee, independent contractor or representative of the same general character; or
(b) Any "manager," director or trustee except while performing acts coming within the scope of the usual duties of an "employee."
c. "Manager" means a person serving in a directorial capacity for a limited liability company.
L. Additional Insureds
SECTION II WHO IS AN INSURED is amended as follows:
1. If coverage for newly acquired or formed organizations is not otherwise excluded from this Docusign Envelope ID: 62EC916F-771B-4267-965F-ABB604773E9E PI-GLD-HS (10/11)
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Coverage Part, Paragraph 3.a. is deleted in its entirely and replaced by the following:
a. Coverage under this provision is afforded until the end of the policy period.
2. Each of the following is also an insured:
a. Medical Directors and Administrators Your medical directors and administrators, but only while acting within the scope of and during the course of their duties as such. Such duties do not include the furnishing or failure to furnish professional services of any physician or psychiatrist in the treatment of a patient.
b. Managers and Supervisors Your managers and supervisors are also insureds, but only with respect to their duties as your managers and supervisors. Managers and -
employment by you or performing duties
related to the conduct of your business.
This provision does not change Item 2.a.(1)(a) as it applies to managers of a limited liability company.
c. Broadened Named InsuredAny organization and subsidiary thereof which you control and actively manage on the effective date of this Coverage Part. However, coverage does not apply to any organization or subsidiary not named in the Declarations as Named Insured, if they are also insured under another similar policy, but for its termination or the exhaustion of its limits of insurance.
d. Funding Source Any person or organization with respect to their liability arising out of:
(1) Their financial control of you; or
(2) Premises they own, maintain or control while you lease or occupy these premises.
This insurance does not apply to structural alterations, new construction and demolition operations performed by or for that person or organization. e. Home Care Providers At the first Named Insured's option, any person or organization under your direct supervision and control while providing for you private home respite or foster home care for the developmentally disabled.
f. Managers, Landlords, or Lessors of Premises Any person or organization with respect to their liability arising out of the ownership, maintenance or use of that part of the premises leased or rented to you subject to the following additional exclusions:
This insurance does not apply to:
(1) e a tenant in that premises; or
(2) Structural alterations, new construction or demolition operations performed by or on behalf of that person or organization.
g. Lessor of Leased Equipment Automatic Status When Required in Lease Agreement With YouAny person or organization from whom you lease equipment when you and such person or organization have agreed in writing in a contract or agreement that such person or organization is to be added as an additional insured on your policy. Such person or Docusign Envelope ID: 62EC916F-771B-4267-965F-ABB604773E9E PI-GLD-HS (10/11)
Includes copyrighted material of Insurance Services Office, Inc., with its permission. © 2011 Philadelphia Indemnity Insurance Company
or
aused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person or organization.
A
when their contract or agreement with you for such leased equipment ends.
With respect to the insurance afforded to these additional insureds, this insurance does not h. Grantors of Permits Any state or political subdivision granting you a permit in connection with your premises subject to the following additional provision:
(1) This insurance applies only with respect to the following hazards for which the state or political subdivision has issued a permit in connection with the premises you own, rent or control and to which this insurance applies:
(a) The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners or decorations and similar exposures;
(b) The construction, erection, or removal of elevators; or (c) The ownership, maintenance, or use of any elevators covered by this insurance. i. Vendors
which are distributed or sold in the regular course of the vendor's business, subject to the following additional exclusions:
(1) The insurance afforded the vendor does not apply to:
(a) "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement;
(b) Any express warranty unauthorized by you;
(c) Any physical or chemical change in the product made intentionally by the vendor; (d) Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; (e) Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; (f) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; Docusign Envelope ID: 62EC916F-771B-4267-965F-ABB604773E9E PI-GLD-HS (10/11)
Includes copyrighted material of Insurance Services Office, Inc., with its permission. © 2011 Philadelphia Indemnity Insurance Company
(g) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or
(h) "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to:
(i) The exceptions contained in Sub-paragraphs (d) or (f); or (ii) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. (2) This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing.
j. Franchisor Any person or organization with respect to their liability as the grantor of a franchise to you.
k. As Required by Contract Any person or organization where required by a written contract executed prior to the occurrence of a loss. Such person or organization is an additional insured for "bodily injury," "property damage" or "personal and advertising injury" but only for liability arising out of the negligence of the named insured. The limits of insurance applicable to these additional insureds are the lesser of the policy limits or those limits specified in a contract or agreement. These limits are included within and not in addition to the limits of insurance shown in the Declarations
l. Owners, Lessees or Contractors Any person or organization, but only with respect to liability for "bodily injury," "property damage" or "personal and advertising injury" caused, in whole or in part, by:
(1) Your acts or omissions; or
(2) The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured when required by a contract.
With respect to the insurance afforded to these additional insureds, the following additional exclusions apply:
This insurance does not apply to "bodily injury" or "property damage" occurring after:
(a) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or
(b) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project.
Docusign Envelope ID: 62EC916F-771B-4267-965F-ABB604773E9E PI-GLD-HS (10/11)
Includes copyrighted material of Insurance Services Office, Inc., with its permission. © 2011 Philadelphia Indemnity Insurance Company
m. State or Political Subdivisions Any state or political subdivision as required, subject to the following provisions:
(1) This insurance applies only with respect to operations performed by you or on your behalf for which the state or political subdivision has issued a permit, and is required by contract.
(2) This insurance does not apply to:
(a) "Bodily injury," "property damage" or "personal and advertising injury" arising out of operations performed for the state or municipality; or
(b) "Bodily injury" or "property damage" included within the "products-completed operations hazard."
M. Duties in the Event of Occurrence, Claim or Suit
SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS, Paragraph 2. is amended as follows:
a. is amended to include:
This condition
(1) You, if you are an individual;
(2) A partner, if you are a partnership; or
(3) An executive officer or insurance manager, if you are a corporation. b. is amended to include:
This condition
is known to:
(1) You, if you are an individual;
(2) A partner, if you are a partnership; or
(3) An executive officer or insurance manager, if you are a corporation.
N. Unintentional Failure To Disclose Hazards
SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS, 6. Representations is amended to include the following:
It is agreed that, based on our reliance on your representations as to existing hazards, if you should unintentionally fail to disclose all such hazards prior to the beginning of the policy period of this Coverage Part, we shall not deny coverage under this Coverage Part because of such failure.
O. Transfer of Rights of Recovery Against Others To Us
SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS, 8. Transfer of Rights of Docusign Envelope ID: 62EC916F-771B-4267-965F-ABB604773E9E PI-GLD-HS (10/11)
Includes copyrighted material of Insurance Services Office, Inc., with its permission. © 2011 Philadelphia Indemnity Insurance Company
Recovery Against Others To Us is deleted in its entirety and replaced by the following:
If the insured has rights to recover all or part of any payment we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them.
Therefore, the i ecovery prior to the occurrence of a
loss, provided the waiver is made in a written contract.
P. Liberalization
SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS, is amended to include the following:
If we revise this endorsement to provide more coverage without additional premium charge, we will automatically provide the additional coverage to all endorsement holders as of the day the revision is effective in your state.
Q. Bodily Injury Mental Anguish
SECTION V DEFINITIONS, Paragraph 3. Is deleted in its entirety and replaced by the following:
njury means:
a. Bodily injury, sickness or disease sustained by a person, and includes mental anguish resulting from any of these; and
b. Except for mental anguish, includes death resulting from the foregoing (Item a. above) at any time.
R. Personal and Advertising Injury Abuse of Process, Discrimination If COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY COVERAGE is not otherwise excluded from this Coverage Part, the definition of amended as follows:
1. SECTION V DEFINITIONS, Paragraph 14.b. is deleted in its entirety and replaced by the following:
b. Malicious prosecution or abuse of process;
2. SECTION V DEFINITIONS, Paragraph 14. is amended by adding the following:
Discrimination based on race, color, religion, sex, age or national origin, except when:
a. Done intentionally by or at the direction of, or with the knowledge or consent of:
(1) Any insured; or
(2) Any executive officer, director, stockholder, partner or member of the insured; b. Directly or indirectly related to the employment, former or prospective employment, termination of employment, or application for employment of any person or persons by an insured;
Docusign Envelope ID: 62EC916F-771B-4267-965F-ABB604773E9E PI-GLD-HS (10/11)
Includes copyrighted material of Insurance Services Office, Inc., with its permission. © 2011 Philadelphia Indemnity Insurance Company
c. Directly or indirectly related to the sale, rental, lease or sublease or prospective sales, rental, lease or sub-lease of any room, dwelling or premises by or at the direction of any insured; or d. Insurance for such discrimination is prohibited by or held in violation of law, public policy, legislation, court decision or administrative ruling.
The above does not apply to fines or penalties imposed because of discrimination.
Docusign Envelope ID: 62EC916F-771B-4267-965F-ABB604773E9E