CITY OF
PROFESSIONAL/CONSULTING SERVICES AGREEMENT
CUPERTINO
1. PARTIES
This Agreement is made by and between the City of Cupertino, a municipal corporation ("City"), and Moss Adams LLP (Contractor"), a limited liability partnership for internal audit services, and is effective on the last date signed below ("Effective Date").
SERVICES
Contractor agrees to provide the services and perform the tasks ("Services") set forth in detail in Scope of Services, attached here and incorporated as Exhibit A. Contractor further agrees to cany out its work in compliance with any applicable local, State, or Federal order regarding COVID-19.
3. IIME OF PERFORMANCE
This Agreement begins on the Effective Date and ends on June 30, 2022 (Contract Time"), unless terminated earlier as provided herein. Contractor's Services shall begin on the effective date and shall be completed by June 30, 2022. The City's appropriate department head or the City Manager may extend the Contract Time through a written amendment to this Agreement, provided such extension does not include additional contract funds. Extensions
3.2 Schedule of Performance. Contractor must deliver the Services in accordance with the Schedule of Performance, attached and incorporated here Exhibit B.
3.3 Time is of the essence for the performance of all the Services. Contractor must have sufficient time, resources, and qualified staff to deliver the Services on time.
4. COMPENSATION
Maximum Compensation. City will pay Contractor for satisfactory performance of the Services an amount that will based on actual costs but that will be capped so as not to exceed $200,000.00 ("Contract Price"), based upon the scope of services in Exhibit A and the budget and rates included in Exhibit C, Compensation attached and incorporated here. The maximum compensation includes all expenses and reimbursements and will remain in place even if Contractor's actual costs exceed the capped amount. No extra work or payment is permitted without prior written approval of City.
4.2 Invoices and Payments. Monthly invoices must state a description of the deliverable completed and the amount due for the preceding month. Within thirty (30) days of completion of Services, Contractor must submit a requisition for final and complete payment of costs and pending Consulting Services Agreement for Intemal Audit Services
claims for City approval. Failure to timely submit a complete and accurate payment requisition relieves City of any further payment or other obligations under the Agreement.
5. INDEPENDENT CONTRACTOR
51 Status. Contractor is an independent contractor and not an employee, partner, or join renture of City. Contractor is solely responsible for the means and methods of performing th Services and for the persons hired to work under this Agreement. Contractor is not entitled to health benefits, worker's compensation, or other benefits from the City. 52 Contractor's Qualifications. Contractor represents on behalf of itself and its subcontractors that they have the qualifications and skills to perform the Services in a competent and professional manner and according to the highest standards and best practices in the industry. 53 Permits and Licenses. Contractor warrants on behalf of itself and its subcontractors that they are properly licensed, registered, and/or certified to perform the Services as required by law and have procured a City Business License, if required by the Cupertino Municipal Code. 54 Subcontractors. Only Contractor's employees are authorized to work under this Agreement. Prior written approval from City is required for any subcontractor, and the terms and conditions of this Agreement will apply to any approved subcontractor. 55 Tools, Materials, and Equipment. Contractor will supply all tools, materials and equipment required to perform the Services under this Agreement. 56 Payment of Taxes. Contractor must pay income taxes on the money earned under this Agreement. Upon City's request, Contractor will provide proof of payment and will indemnify City for violations pursuant to the indemnification provision of this agreement.
6. PROPRIETARY/CONFIDENTIAL INFORMATION
In performing this Agreement, Contractor may have access to private or confidential information owned or controlled by the City, which may contain proprietary or confidential details the disclosure of which to third parties may be damaging to City. Contractor shall hold in confidence all City information provided by City to Contractor and use it only to perform this Agreement.
Contractor shall exercise the same standard of care to protect City information as a reasonably prudent contractor would use to protect its own proprietary data.
7. OWNERSHIP OF MATERIALS
71 Property Rights. Any interest (including copyright interests in any reports and other completed deliverables prepared by Contractor in connection with this Agreement and delivered to the City, excluding any Contractor Material (defined below) contained or embodied therein ("Work Product") will be the exclusive property of the City and shall not be shown to any third- party unless required by law or court order without prior written approval of City. Contractor may etain a copy of Work Product for archival purposes. Contractor shall own its working papers an any engagement documentation, and any general skills, know-how, expertise, ideas, concepts, methods, techniques, processes, software, materials, or other intellectual property which may have Consulting Services Agreement for Internal Audit Services
been discovered, created, received, or developed by Contractor either prior to or as a result of providing services under the Agreement (collectively, "Contractor Materials"). The City shall have a non-exclusive, non-transferable license to use Contractor Materials for its own internal use and only for the purposes for which they are delivered to the extent they form part of a Work Product.
Notwithstanding anything to the contrary in this Agreement, Contractor and its personnel are free to use and employ their general skills, know-how, and expertise, and to use, disclose, and employ any generalized ideas, concepts, know-how, methods, techniques or skills gained or learned during the course of this Agreement so long as they acquire and apply such information without any unauthorized use or disclosure of confidential or proprietary information of the City.
7.2 Copyright. To the extent permitted by Title 17 of the U.S. Code, all Work Product arising out of this Agreement is considered "works for hire" and all copyrights to the Work Product will be the property of City. Alternatively, Contractor assigns to City all Work Product copyrights.
Contractor may use copies of the Work Product for promotion only with City's written approval.
Patents and Licenses. Contractor must pay royalties or license fees required for authorized use of any third party intellectual property, including but not limited to patented, trademarked, or copyrighted intellectual property if incorporated into the Services or Work Product of this Agreement.
7.3 Re-Use of Work Product. Unless prohibited by law and without waiving any rights, City may use or modify the Work Product of Contractor or its sub-contractors prepared or created under this Agreement, to execute or implement any of the following:
(a) The original Services for which Contractor was hired; (b) Completion of the original Services by others;
(C) Subsequent additions to the original Services; and/or (d) Other City projects.
7.4 Deliverables and Format. Contractor must provide electronic and hard copies of the Work Product, on recycled paper and copied on both sides, except for one single-sided original.
8. RECORDS
Contractor must maintain complete and accurate accounting records relating to its performance in accordance with generally accepted accounting principles. The records must include detailed information of Contractor's performance, benchmarks and deliverables, which must be available to City for review and audit. The records and supporting documents must be kept separate from other records and must be maintained for four (4) years from the date of City's final payment.
ASSIGNMENI
business nature of Contractor as a legal entity is considered an assignment of the Agreement ano subiect to City approval, which shall not be unreasonably withheld. Control means fifty percen (50%) or more of the voting power of the business entity.
Consulting Services Agreement for Internal Audit Services
10. PUBLICITY SIGNS
Any publicity generated by Contractor for the project under this Agreement, during the term of this Agreement and for one year thereafter, will reference the City's contributions in making the project possible. The words "City of Cupertino" will be displayed in all pieces of publicity, ncluding flyers, press releases, posters, brochures, public service announcements, interviews anc lewspaper articles. No signs may be posted, exhibited or displayed on or about City property except signage required by law or this Contract, without prior written approval from the City. 1l. INDEMNIFICATION
11.1 To the fullest extent allowed by law, Contractor shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, officials, employees, agents, servants, volunteers, and consultants ("Indemnitees"), through legal counsel acceptable to City, from and against any and all liability, damages, claims, actions, causes of action, demands, charges, losses, costs and expenses (including attorney fees, legal costs and expenses related to litigation and dispute resolution proceedings) of every nature to the extent caused by:
(a) Contractor's breach of contract, obligations, representations or warranties; (b) Contractor's negligent or willful acts or omissions committed during performance of the Services;
(c) Personal injury or property damage, (and any economic loss resulting from such loss or damage) resulting from the work or performance of Contractor or its subcontractors or sub-contractors;
(a) Contractor's unauthorized use or disclosure of City's confidential and proprietary Information;
(e) Contractor's infringement or violation of a U.S. patent or copyright, trade secret, trademark, or service mark or other proprietary or intellectual property rights of any third party.
11.2 Contractor must pay the reasonable costs City incurs in notifying Contractor of receipt of a third-party claim relating to this Agreement in accordance with Califomia Public Contract ode Section 9201. The City shall provide Contractor with prompt written notice of such clain and cooperate with Contractor in handling the claim. Contractor shall be entitled to control the handling of such claim and to defend or settle any such claim, in its sole discretion, with counsel of its own choosing.
11.3 Contractor's duties under this section are not limited to the Contract Price, workers' compensation payments, or the insurance or bond amounts required in the Agreement. Nothing in the Agreement shall be construed to give rise to an implied right of indemnity in favor of Contractor against City or any Indemnitee.
12. INSURANCE
Contractor shall comply with the Instance Requirements, attached and incorporated here as Exhibit D, and must maintain the insurance for the duration of the Agreement, or longer as required by City. City will not execute the Agreement until City approves receipt of satisfactory Consulting Services Agreement for Intemal Audit Services
13. COMPLIANCE WITHLAWS
13.1 General Laws. Contractor shall comply with all local, state, and federal laws and regulations applicable to this Agreement. Contractor will promptly notify City of changes in the law or other conditions that may affect the Project or Contractor's ability to perform. Contractor is responsible for verifying the employment authorization of employees performing the Services as required by the Immigration Reform and Control Act
13.2 Labor Laws. Contractor shall comply with all labor laws applicable to this Agreement. If the Scope of Services includes a "public works" component, Contractor is required to comply with prevailing wage laws under Labor Code Section 1720 and other labor laws.
13.3 Discrimination Laws. Contractor shall not discriminate on the basis of race, religious creed, color, ancestry, national origin, ethnicity, handicap, disability, marital status, pregnancy, age, sex, gender, sexual orientation, gender identity, Acquired-Immune Deficiency Syndrome (AIDS), or any other protected classification. Contractor shall comply with all anti-discrimination laws, including Government Code Sections 12900 and 11135, and Labor Code Sections 1735, 1777, and 3077.5. Consistent with City policy prohibiting harassment and discrimination, Contractor understands that harassment and discrimination directed toward a job applicant, an employee, a City employee, or any other person, by Contractor or its employees or sub-contractors will not be tolerated.
13.4 Conflicts of Interest. Contractor shall comply with all conflict of interest laws applicable to this Agreement and must avoid any conflict of interest. Contractor warrants that no public official, employee, or member of a City board or commission who might have been involved in the making of this Agreement, has or will receive a direct or indirect financial interest in this Agreement, in violation of California Government Code Section 1090 et seg. Contractor may be
13.5 Remedies. Any violation of Section 13 constitutes a material breach and may result in City suspending payments, requiring reimbursements or terminating this Agreement. City reserves all other rights and remedies available under the law and this Agreement, including the right to seek indemnification under Section 11 of this Agreement.
Consulting Services Agreement for Internal Audit Services
14. PROJECT COORDINATION
City Project Manager. The City assigns Zach Korach as the City's representative for all purposes under this Agreement, with authority to oversee the progress and performance of the Scope of Services. City reserves the right to substitute another Project manager at any time, and without prior notice to Contractor.
Contractor Project Manager. Subject to City approval, Contractor assigns Mark Steranka as its single Representative for all purposes under this Agreement, with authority to oversee the progress and performance of the Scope of Services. Contractor's Project manager is responsible for coordinating and scheduling the Services in accordance with the Scope of Services and the Schedule of Performance. Contractor must regularly update the City's Project Manager about the progress with the work or any delays, as required under the Scope of Services. City written approval is required prior to substituting a new Representative.
15. ABANDONMENT OF PROJECT
City may abandon or postpone the Project or parts therefor at any time. Contractor will be compensated for satistactory Services performed through the date of abandonment, and will be given reasonable time to assemble the work and close out the Services. With City's pre-approval in writing, the time spent in closing out the Services will be compensated up to a maximum of ten percent (10%) of the total time expended to date in the performance of the Services.
16. IERMINATION
City may terminate this Agreement for cause or without cause at any time. Contractor will be paid for satisfactory Services rendered through the date of termination, but final payment will not be made until Contractor closes out the Services and delivers the Work Product.
17. GOVERNING LAW, VENUE. AND DISPUTE RESOLUTION
18. ATTORNEY FEES
If City initiates legal action, files a complaint or cross-complaint, or pursues arbitration, appeal, or other proceedings to enforce its rights or a judgment in connection with this Agreement, if a court of appropriate jurisdiction makes a final determination regarding prevailing party fees, the prevailing party will be entitled to reasonable attorney fees and costs.
Consulting Services Agreement for Internal Audit Services
19. IHIRD PARTY BENEFICIARIES
There are no intended third party beneficiaries of this Agreement. All services shall be solely for
20. WAIVER
Neither acceptance of the Services nor payment thereof shall constitute a waiver of any contract provision. City's waiver of a breach shall not constitute waiver of another provision or breach.
21. ENTIRE AGREEMENT
This Agreement represents the full and complete understanding of every kind or nature between the Parties, and supersedes any other agreements) and understanding(s), either oral or written, between the Parties. Any modification of this Agreement will be effective only if in writing and signed by each Party's authorized representative. No verbal agreement or implied covenant will be valid to amend or abridge this Agreement. If there is any inconsistency between any term, ause, or provision of the main Agreement and any term, clause, or provision of the attachmer • exhibits thereto. the terms of the main Agreement shall prevail and be controllin
22. INSERTED PROVISIONS
Each provision and clause required by law for this Agreement is deemed to be included and will be inferred herein. Either party may request an amendment to cure mistaken insertions or omissions of required provisions. The Parties will collaborate to implement this Section, as appropriate.
23. HEADINGS
The headings 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.
24. SEVERABILITY/PARTIAL INVALIDITY
Agreement or their application to specific situations shall remain in full force and effect. The Parties agree to work in good faith to amend this Agreement to carry out its intent.
25. SURVIVAL
Consulting Services Agreement for Intemal Audit Services
26. NOTICES
All notices, requests and approvals must be sent in writing to the persons below, which will be considered effective on the date of personal delivery or the date confirmed by a reputable overnight delivery service, on the fifth calendar day after deposit in the United States Mail, postage prepaid, registered or certified, or the next business day following electronic submission:
To City of Cupertino To Contractor:
Office of the City Manager Moss Adams
10300 Torre Ave. 999 Third Avenue, Suite 2800
Cupertino, CA 95014 Seattle, WA 98122
Attention: Zach Korach Attention: Mark Steranka
Email: [email protected] Email: Mark. [email protected]
27. EXECUTION
28. LIMITATION ON LIABILITY
EXCEPT FOR CONTRACTOR'S LIABILITY UNDER SECTIONS 11.1(C) AND (E),
CONTRACTOR'S TOTAL LIABILITY TO CITY FOR ANY AND ALL DAMAGES
WHATSOEVER ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT
FROM ANY CAUSE, INCLUDING BUT NOT LIMITED TO CONTRACT LIABILITY OR
CONTRACTOR'S NEGLIGENCE, ERRORS, OMISSIONS, STRICT LIABILITY, BREACH OF
CONTRACT OR BREACH OF WARRANTY SHALL NOT, IN THE AGGREGATE, EXCEED TWO MILLION DOLLARS ($2,000,000). CITY'S TOTAL LIABILITY TO
CONTRACTOR FOR ANY AND ALL DAMAGES WHATSOEVER ARISING OUT OF OR
IN ANY WAY RELATED TO THIS AGREEMENT SHALL NOT, IN THE AGGREGATE, EXCEED THE FEES PAID TO CONTRACTOR UNDER THIS AGREEMENT.
SIGNATURES CONTINUE ON THE FOLLOWING PAGE
Consulting Services Agreement for Internal Audit Services
IN WITNESS WHEREOF, the parties have caused the Agreement to be executed.
CITY OF CUPERTINO MOSS ADAMS LLP
A Municipal Corporation
kroz B Mark Steranka
By_
Name Kristina Alfaro Name Mark Steranka
Title Director of Administrative Services Title Partner Date Aug 23, 2021 Date Aug 23, 2021
APPROVED AS TO FORM:
Christopher D. Jense
CHRISTOPHER D. JENSEN
Cupertino City Attorney
ATTEST:
Kuste
KIRSTEN SQUARCIA
City Clerk
Date Aug 23, 2021
Consulting Services Agreement for Internal Audit Services
EXHIBIT A
SCOPE OF SERVICES
Procurement Operational Review
Assess the City's procurement function, including structure, policies and procedures, processes, tools, oversight, and training. (14 weeks)
Policy Inventory and Plan
Perform an inventory of financial policies, compare to best practices, and establish a prioritized plan to develop/update priority policies. (12 weeks)
Capital Program Effectiveness Study
Assess processes, interdepartmental collaboration, and throughput for capital planning and execution, including contract management and reporting. (14 weeks) Fraud, Waste, and Abuse (FWA) Program and ongoing Program Management Develop a FWA program, including program design, hotline implementation, ongoing hotline administration, and training. (10 weeks)
EXHIBI B
SCHEDULE OF PERFORMANCE
Procurement Operational Review (before November 2021)
Assess the City's procurement function, including structure, policies and procedures, processes, tools, oversight, and training. (14 weeks)
Policy Inventory and Plan (before January 2021)
Perform an inventory of financial policies, compare to best practices, and establish a prioritized plan to develop/update priority policies. (12 weeks)
Capital Program Effectiveness Study (before April 2022) Assess processes, interdepartmental collaboration, and throughput for capital planning and execution, including contract management and reporting. (14 weeks) Fraud, Waste, and Abuse Program and ongoing Program Management (before June 2022) Develop a FWA program, including program design, hotline implementation, ongoing hotline administration, and training. (10 weeks)
ЕХНІВП С
COMPENSATION
Schedule and Budget
Procurement Operational Review - $50,000
Policy Inventory and Plan - $35,000
Capital Program Effectiveness Study - $35,000
Fraud, Waste, and Abuse (FWA) Program - $25,000
FWA Ongoing Program Management - $5,000
Billing Rates:
Partner $300 to $350
Director $300 to $350
Senior Manager $250 to $300
Manager $225 to $250
Senior $200 to $225
Staff $150 to $200
EXHIBIT D
Insurance Requirements
Design Professionals & Consultants Contracts
Consum on pere resolving merence prices and overnie for anted a ane i California and acceptable to City.
INSURANCE POLICIES AND MINIMUMS REQUIRED
1. Commercial General Liability (CGL) for bodily injury, property damage, personal injury liability for operations, contractual liability, and personal and
advertising peraty sit timit no less than $2,000,rato rations, octance SO Form G 0501). IF a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO Form CG 25 03 or 25 04) or it shall be twice the required occurence limit. a It shall be a requirement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be made available to the Additional Insured and shall be (i) the minimum coverage/limits specified in this agreement; or (ii) the broader coverage and maximum limits of coverage of any insurance policy, whichever is greater.
Additional Insured coverage under Consultant's policy shall be "primary and non-contributory," will not seek contribution from City's insurance/self-insurance, and shall be at least as broad as ISO Form CG 20 10 (04/13).
C. The limits of insurance required may be satisfied by a combination of primary and umbrella of excess insurance, provided each policy complies with the requirements set forth in this Contract. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary basis for the benefit of City before the City's own insurance of self- insurance shall be called upon to protect City as a namedinsured. 2 Automobile Liability: ISO CA 00 01 covering any auto (including owned, hired, and non-owned autos) with limits no less than $1,000,000 per accident for bodily injury and property damage.
3. Workers' Compensation: As required by the State of California, with Statutory Limits and mployer's Liability Insurance of no less than $1,000,000 per occurrence for bodily injury or diseas Not reauired. Consultant has provided written verification of no emplovee * Preso it bis notes fias 200,0 per and no or 2,000 great one on a claims made form:
a The Retroactive Date must be shown and must be before the Effective Date of the Contract. b. Insurance must be maintained for at least five (5) years after completion of the Services. c If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the Contract Effective Date, the Consultant must purchase "extended reporting" coverage for a minimum of five (5) years after completion of the Services.
Exh. D-Insurance Requirements for Design Professionals & Consultant Contracts Forn Updated Sept. 2019
OTHER INSURANCE PROVISIONS
The aforementioned insurance shall be endorsed and have all the following conditions and provisions:
Additional Insured Status
The City of Cupertino, its City Council, officers, officials, employees, agents, servants and volunteers "Additional Insureds") are to be covered as additional insureds on Consultant's CGL and automobile liability policies. General Liability coverage can be provided in the form of an endorsement to Consultant's insurance (at least as broad as ISO Form CG 20 10 (11/85) or both CG 20 10 and CG 20 37 forms, if later editions are used).
Primary Coverage
Contained for dig it it/ed, inal, end yel, or poiters sial be Are i sucConsulane/s insurance and shall not contribute to it
Each insurance policy shall state that coverage shall not be canceled or allowed to expire, except with written notice to City 30 days in advance or 10 days in advance if due to non-payment of premiums.
Waiver of Subrogation
Consultant waives any right to subrogation against City/Additional Insureds for recovery of damages to the extent said losses are covered by the insurance policies required herein. Specifically, the Workers' Compensation policy shall be endorsed with a waiver of subrogation in favor of City for all work performed by Consultant, its employees, agents and subconsultants. This provision applies regardless of whether or not Deductibles and Self-Insured Retentions
Any deductible or self-insured retention must be declared to and approved by the City. At City's option, either:
the insurer must reduce or eliminate the deductible or self-insured retentions as respects the City/Additional Insureds; or Consultant must show proof of ability to pay losses and costs related investigations, clain administration and defense expenses. The policy shall provide, o be endorsed to provide, that the self-insured retention may be satisfied by either the insured or the City.
Acceptability of Insurers
Insurers must be licensed to do business in California with an A.M. Best Rating of A-VII, or better.
Verification of Coverage
'onsultant must furnish acceptable insurance certificates and mandatory endorsements (or copies of the policie ffecting the coverage required by this Contract), and a copy of the Declarations and Endorsement Page of th CGL policy listing all policy endorsements prior to commencement of the Contract. City retains the right to demand verification of compliance at any time during the Contract term.
Subconsultants
Consultant shall require and verify that all subconsultants maintain insurance that meet the requirements of this Contract, including naming the City as an additional insured on subconsultant's insurance policies.
Higher Insurance Limits
If Consultant maintains broader coverage and/or higher limits than the minimums shown above, City shall be entitled to coverage for the higher insurance limits maintained by Consultant.
Adequacy of Coverage
City reserves the right to modify these insurance requirements/coverage based on the nature of the risk, prior experience, insurer or other special circumstances, with not less than ninety (90) days prior written notice.
Exh. D-Insurance Requirements for Design Professionals & Consultant Contracts For Updated Sept. 2019 2 DATE(MM DD/YYYY)
ACORD® CERTIFICATE OF LIABILITY INSURANCE 10/30/2020
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 INSURERS), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the pollcy les) must have ADDITIONAL INSURED provisions or be endorsed If SUBROGATION IS WAIVED, subject to the terms and conditions of the pollcy, certain pollcles may require an endorsement. A statement on this certificate does not confer rights to the certificațe holder in lleu of such endorsements).
PRODUCER ERMPACT Holder Identifier:
Aon Risk Services Central, Inc. E.T. Exit (312) 381-1000 (312) 381-7007 Chicago IL Office LAC NO):
Wu East Randolo EMilESS.
hicago IL 6060] USA
INSURER(S) AFFORDING COV ERA GE NAIC#
INSURED INSURERA: National Fire Ins. Co. of Hartford |20478 Moss Adans LLP INSURER B: valley Forge Insurance Co 20508 999 Third Avenue
Suite 2800 INSURER C: Anerican Casualty Co. of Reading PA 20427 Seattle WA 98104 USA INSURER D: The Continental Insurance Company 35289 INSURER E:
INSURER F:
COVERAGES CERTIFICATE NUMBER: 570084761881 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOO 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, EXCLUSIONSAND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Limits shown are as requested INTE РОДСТЕТ
LTE TYPE OF INSURANCE POLICY NUMBER ADD YY' CMM DD YYYY LIMTS COMMERCIAL CENERAL LIABILITY 3088714197 10/31/2020|10/31/2021 EACH OOCURRENCE $1,000,000 General Liability DAMAGE TO RENTED
CLAIMS MADE x OCCUR $1,000,000
PREMSES IEA occumencel
MED EXP (Any one personi $15,000
PERSONAL & ADV INJURY $1,000,000
BENL AGGREGATE LIMITAFFLES PER: GENERALA GGREGATE 32,000,000 POLICY LOC PAOOUCTS - COMP OP AGG $2,000,000 57008476188 OTHER
AUTOMOBILE LIABLITY 5088714166 10/31/2020|10/31/2021 COMBINED SINGLE LIMIT En accident $1,000,000
Auto
ANY AUTO BODILY INJURY (For porson)
SCHEDULED BODILY INJURY (Por accidant)
OWNED
AUTOS ONLY AUTOS Certificate No:
NON OWNED PADPERTY DAMAGE
MIRED AUTOS (For accident)
ONLY AUTOS ONLY
UMBRELLA LIAB 6045509936 10/31/202010/31/2021 EACH OCCURRENCE 32,000,000 OCCUR
Umbrella
EXCESS LAB CLAIMS MADE AGGREGATE $2,000,000
DED RETENTION
WOKERS COMPENSATIONAND 5088714183 10/31/2020 10731/2021 X PER STATUTE EMPLOYERS LIABILITY workers Compensation
ANY PROPRIETOR/ FARTNER / EXECUTNE E.L. EACH ACCIDENT $1,000,000 PrICER MEMBER EXCLUDED 5088714216 10/31/2020/10/31/2021 Mandatory In N E.L. DISEASE EA EMPLOYEE $1,000,000
EASE APTIN COPERATIONS balon E.L. DISEASE POLICY LIMT 51,000,000 DESCRIPTION OF OPERATIONS/ LOCATIONS / VEHICLES (ACORD 101, Addleonal Remarks Schoduk, may be anache d # more spase is a quirodi ten contracts Brorea 155a follow form 0-day notice of cancellatio certificate holder, but only to the extent required by written A waiver of subrogation in favor of additional Insured as respect the General Liability, Auto Liability and Workers Compensation pursuant to a written contract.
CERTIFICATE HOLDER CANCELLATION
ENRON DATE THEREO, MOTICE MILE BE DELINE RED I ACRORE IT THE POLICY PROVISIONS.
10580 For re Avenue AUTHORIZED REPRESENTATIVE
Cupertino, CA 95014-3202 USA
Non Rist Sorrias Contral Ina
01988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD
GNA CNA PARAMOUNT
General Liability Extension Endorsement
1. ADDITIONAL INSUREDS
(1) is currently in effect or becomes effective during the term of this Coverage Part; and (2) was executed prior to:
(a) the bodily injury or property damage; or
(b) the offense that caused the personal and advertising injury, for which such additional insured seeks coverage.
b. However, subject always to the terms and conditions of this policy, including the limits of insurance, the Insurer will not provide such additional insured with:
(1) a higher limit of insurance than required by such contract or agreement; or (2) coverage broader than required by such contract or agreement, and in no event broader than that described by the applicable paragraph A. through K. below.
Any coverage granted by this endorsement shall apply only to the extent permissible by law.
A. Controlling Interest
Any person or organization with a controlling interest in a Named Insured, but only with respect to such person or organization's liability for bodily injury, property damage or personal and advertising injury arising out of:
1. such person or organization's financial control of a Named Insured; or
2. premises such person or organization owns, maintains or controls while a Named Insured leases or occupies such premises;
provided that the coverage granted by this paragraph does not apply to structural alterations, new construction o demolition operations performed by, on behalf of, or for such additional insured B. Co-owner of Insured Premises
A co-owner of a premises co-owned by a Named Insured and covered under this insurance but only with respect to such co-owner's liability for bodily injury, property damage or personal and advertising injury as co-owner of such premises.
C. Grantor of Franchise
Any person or organization that has granted a franchise to a Named Insured, but only with respect to such person or organization's liability for bodily injury, property damage or personal and advertising injury as grantor of a franchise to the Named Insured.
D. Lessor of Equipment
Any person or organization from whom a Named Insured leases equipment, but only with respect to liability for bodily injury, property damage or personal and advertising injury caused, in whole or in part, by the Named Insured's maintenance, operation or use of such equipment, provided that the occurrence giving rise to such bodily injury, property damage or the offense giving rise to such personal and advertising injury takes place prior to the termination of such lease.
CNA74879XX (1-15) Policy No: 5088714197
Nat'1 Fire Ing Co of Hartford Effective Date: 10/31/2020 Insured Name: MOSS ADAMS LLP
Copyright CNA All Fights Reserved. Includes copyrighted matertal of Insurance Services Offce, Inc., With Its permission.
CNA CNA PARAMOUNT
General Liability Extension Endorsement
E. Lessor of Land
Any person or organization from whom a Named Insured leases land but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of the ownership, maintenance or use of such land, provided that the occurrence giving rise to such bodily injury or property damage, or the offense giving rise to such personal and advertising injury, takes place prior to the termination of such lease. The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured.
F. Lessor of Premises
An owner or lessor of premises leased to the Named Insured, or such owner or lessor's real estate manager, but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of the ownership, maintenance or use of such part of the premises leased to the Named Insured, and provided that the occurrence giving rise to such bodily injury, property damage or the offense giving rise to such personal and advertising injury takes place prior to the termination of such lease. The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured.
G. Mortgagee, Assignee or Receiver
A mortgagee, assignee or receiver of premises but only with respect to such mortgagee, assignee or receiver's liability for bodily injury, property damage or personal and advertising injury arising out of the Named Insured's ownership, maintenance, or use of a premises by a Named Insured.
The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured.
H. State or Governmental Agency or Subdivision or Political Subdivisions - Permits A state or governmental agency or subdivision or political subdivision that has issued a permit or authorization, but only with respect to such state or govemmental agency or subdivision or political subdivision's liability for bodily injury, property damage or personal and advertising injury arising out of:
1. the following hazards in connection with premises a Named Insured owns, rents, or controls and to which this insurance applies:
a. the existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoistaway openings, sidewalk 200200057 508 87 141 97 7104 vaults, street banners, or decorations and similar exposures; or b. the construction, erection, or removal of elevators; or c. the ownership, maintenance or use of any elevators covered by this insurance; or
2. the permitted or authorized operations performed by a Named Insured or on a Named Insured's behalf.
The coverage granted by this paragraph does not apply to:
a. Bodily injury, property damage or personal and advertising injury arsing out of operations performed for the state or governmental agency or subdivision or political subdivision; or b. Bodily injury or property damage included within the products-completed operations hazard.
With respect to this provision's requirement that additional insured status must be requested under a written contract or agreement, the Insurer will treat as a written contract any governmental permit that requires the Named Insured to add the governmental entity as an additional insured.
CNA74879XX (1-15) Policy No: 5088714197
Nat '1 Fire Ins Co of Hartford Effective Date: 10/31/2020 Insured Name: MOSS ADAMS LLP
Copyright CA All Fights Reserved. Incudes copyrighted matertal of Insurance Services Offce, Inc., with its permission.
CNA PARAMOUNT
CNA
General Liability Extension Endorsement
1. Trade Show Event Lessor
1. With respect to a Named Insured's participation in a trade show event as an exhibitor, presenter or lisplayer, any person or organization whom the Named Insured is required to include as an additiona nsured, but only with respect to such person or organization's liability for bodily injury, property damage o personal and advertising injury caused by:
a. the Named Insured's acts or omissions; or
b. the acts or omissions of those acting on the Named Insured's behalf, in the performance of the Named Insured's ongoing operations at the trade show event premises during the trade show event.
2. The coverage granted by this paragraph does not apply to bodily injury or property damage included within the products-completed operations hazard.
J. Vendor
Any person or organization but only with respect to such person or organization's liability for bodily injury or property damage arising out of your products which are distributed or sold in the regular course of such person or organization's business, provided that:
1. The coverage granted by this paragraph does not apply to:
a. bodily injury or property damage for which such person or organization is obligated to pay damages by reason of the assumption of liability in a contract or agreement unless such liability exists in the absence of the contract or agreement;
b. any express warranty unauthorized by the Named Insured; c. any physical or chemical change in any product made intentionally by such person or organization; 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 any inspections, adjustments, tests or servicing that such person or organization 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;
T. demonstration, installation, servicing or repair operations, except such operations performed at the such person or organization's premises in connection with the sale of a product; g. products which, after distribution or sale by the Named Insured, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for such person or organization; or h. bodily injury or property damage arising out of the sole negligence of such person or organization 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:
(1) the exceptions contained in Subparagraphs d. or f. above; or (2) such inspections, adjustments, tests or servicing as such person or organization has agreed with the Named Insured 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 Paragraph J. does not apply to any insured person or organization, from whom the Named Insured has acquired such products, nor to any ingredient, part or container, entering into, accompanying or containing such products.
CNA74879XX (1-15) Policy No: 5088714197
Nat '1 Fire Ing Co of Hartford Effective Date: 10/31/2020 Insured Name: MOSS ADAMS LLP
Copyright. CNA All Fights Reserved. Includes copyrighted matertal of Insurance Services Office, Inc., with Its permission.
CNA CNA PARAMOUNT
General Liability Extension Endorsement
3. This Paragraph J. also does not apply:
a. to any vendor specifically scheduled as an additional insured by endorsement to this Coverage Part; b. to any of your products for which coverage is excluded by endorsement to this Coverage Part; nor c. if bodily injury or property damage included within the products-completed operations hazard is excluded by endorsement to this Coverage Part.
K. Other Person Or Organization
Any person or organization who is not an additional insured under Paragraphs A. through J. above. Such additional insured is an Insured solely for bodily injury, property damage or personal and advertising injury for which such additional insured is liable because of the Named Insured's acts or omissions.
The coverage granted by this paragraph does not apply to any person or organization:
1. for bodily injury, property damage, or personal and advertising injury arising out of the rendering or failure to render any professional service;
2. for bodily injury or property damage included within the products-completed operations hazard; nor
3. who is specifically scheduled as an additional insured on another endorsement to this Coverage Part.
2. ADDITIONAL INSURED - PRIMARY AND NON-CONTRIBUTORY TO ADDITIONAL INSURED'S INSURANCE A. The Other Insurance Condition in the COMMERCIAL GENERAL LIABILITY CONDITIONS Section is amended to add the following paragraph:
If the Named Insured has agreed in writing in a contract or agreement that this insurance is primary and non- contributory relative to an additional insured's own insurance, then this insurance is primary, and the Insurer will not seek contribution from that other insurance. For the purpose of this Provision 2., the additional insured's own insurance means insurance on which the additional insured is a named insured.
B. With respect to persons or organizations that qualify as additional insureds pursuant to paragraph 1.K. of this endorsement, the following sentence is added to the paragraph above:
Otherwise, and notwithstanding anything to the contrary elsewhere in this Condition, the insurance provided to such person or organization is excess of any other insurance available to such person or organization.
3. BODILY INJURY - EXPANDED DEFINITION
200200097 50887 141977105 Under DEFINITIONS the definition of bodily injury is deleted and replaced by the following:
Bodily injury means physical injury, sickness or disease sustained by a person, including death, humiliation, shock, mental anguish or mental injury sustained by that person at any time which results as a consequence of the physical injury, sickness or disease.
4. BROAD KNOWLEDGE OF OCCURRENCE/ NOTICE OF OCCURRENCE
Under CONDITIONS, the condition entitled Duties in The Event of Occurrence, Offense, Claim or Suit is amended to add the following:
A. BROAD KNOWLEDGE OF OCCURRENCE
The Named Insured must give the Insurer or the Insurer's authorized representative notice of an occurrence, offense or claim only when the occurrence, offense or claim is known to a natural person Named Insured, to a partner, executive officer, manager or member of a Named Insured, or to an employee designated by any of the above to give such notice.
B. NOTICE OF OCCURRENCE
CNA74879XX (1-15) Policy No: 5088714197
Nat '1 Pire Ing Co of Hartford Effective Date: 10/31/2020 Insured Name: MOSS ADAMS LLP
Copyright CNA All Fights Fieserved. Includes copyrighted matertal of Insurance Services Offce, Inc., with its permission.
CNA PARAMOUNT
CNA
General Liability Extension Endorsement
not be deemed to be damages for personal and advertising injury and will not reduce the limits of insurance.
D. This PERSONAL AND ADVERTISING INJURY - LIMITED CONTRACTUAL LIABILITY Provision does not apply if Coverage B -Personal and Advertising Injury Liability is excluded by another endorsement attached to this Coverage Part.
17. PROPERTY DAMAGE - ELEVATORS
A. Under COVERAGES, Coverage A - Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended such that the Damage to Your Product Exclusion and subparagraphs (3), (4) and (6) of the Damage to Property Exclusion do not apply to property damage that results from the use of elevators B. Solely for the purpose of the coverage provided by this PROPERTY DAMAGE - ELEVATORS Provision, the Other Insurance conditions is amended to add the following paragraph:
This that a roper insurance any er th property rane, eager proman, use contagent or on any other
18. SUPPLEMENTARY PAYMENTS
The section entitled SUPPLEMENTARY PAYMENTS - COVERAGES A AND B is amended as follows:
A. Paragraph 1.b. is amended to delete the $250 limit shown for the cost of bail bonds and replace it with a $5,000. limit; and
B. Paragraph 1.d. is amended to delete the limit of $250 shown for daily loss of earnings and replace it with a $1,000. limit.
19. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS
If the Named Insured unintentionally fails to disclose all existing hazards at the inception date of the Named Insured's Coverage Part, the Insurer will not deny coverage under this Coverage Part because of such failure.
20. WAIVER OF SUBROGATION - BLANKET
Under CONDITIONS, the Transfer Of Rights Of Recovery Against Others To Us Condition is amended to add the following:
The Insurer waives any right of recovery the Insurer may have against any person or organization because of payments the Insurer makes for injury or damage arising out of.
1. the Named Insured's ongoing operations; or
200200097 50887 141 97 7109
2. your work included in the products-completed operations hazard.
However, this waiver applies only when the Named Insured has agreed in writing to waive such rights of recovery in a written contract or written agreement, and only if such contract or agreement
1. is in effect or becomes effective during the term of this Coverage Part; and
2. was executed prior to the bodily injury, property damage or personal and advertising injury giving rise to the claim.
All other terms and conditions of the Policy remain unchanged. nis endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, take fect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown belo and expires concurrently with said Policy.
CNA74879XX (1-15) Policy No: 5088714197
Nat'1 Fire Ins Co of Hartford Effective Date: 10/31/2020 Insured Name: MOSS ADAMS LIP
Copyright CNA Al Fights Reserved. Includes copyrighted matertal of Insurance Services OMce, Inc., with its permission.
CNA Business Auto Policy
Policy Endorsement
EXTENDED COVERAGE - BA PLUS - FOR HIRED AND NON-OWNED AUTOS such provision do not apply.
TABLE OF CONTENTS
I. AMENDMENTS TO LIA BILITY COVERAGE
A. Who Is An Insured
1. Majority Owned Corporations
2. Newly Acquired Organizations
3. Additional Insureds Required By Written Contracts
4. Employee-Hired Autos
B. Increased Loss of Earnings Allowance
C. Fellow Employee Coverage
II. AMENDMENTS TO PHYSICAL DAMAGE COVERAGE
A. Increased Loss of Use Expense
B. Broadened Electronic Equipment Coverage
III. AMENDMENTS TO BUSINESS AUTO CONDITIONS
A. Knowledge of Accident or Loss
B. Knowledge of Documents
C. Waiver of Subrogation
D. Unintentional Failure To Disclose Hazards
E. Primary and Non-Contributory When Required By Contract IV. AMENDMENTS TO DEFINITIONS
A. Broadened Bodily Injury
AMENDMENTS TO LIABILITY COVERAGE
A. Amendments to Who Is An Insured
Under SECTION II - COVERED AUTOS LIABILITY COVERAGE, the paragraph entitled Who Is An Insured is amended to add the following:
1. Majority Owned Corporations
Any incorporated entity in which you own a majority of the voting stock on the inception date of this Coverage Form is an insured, but only if such entity is not an insured under any other liability "policy" that provides auto coverage.
2. Newly Acquired Organizations
Form No: CNAB3700XX (10-2015| Policy No: BUA 50B8714166 Endorsement Effective Date: Endorsement Expiration Date: Policy Effective Date: 10/31/2020 Endorsement No: B; Page: 1 of 4 Policy Page: 41 of 56
Underwriting Company: Valley Forge Insurance Company, 151 N Franklin St, Chicago, IL 60606 • Copyright CNA All Rights Reserved.
CNA Business Auto Policy
Policy Endorsement
Any organization you newly acquire or form during the policy period, other than a limited liability company, partnership or joint venture, and in which you maintain majority ownership interest is an insured, but only if such organization is not an insured under any other liability "policy" that provides auto coverage. The insurance afforded by this provision:
a. Is effective on the date of acquisition or formation of the organization, and applies until:
(1) The end of the policy period of this Coverage Form; or (2) The next anniversary of this Coverage Form's inception date, whichever is earlier: and
b. Does not apply to bodily injury or property damage caused by an accident that occurred before you acquired or formed the organization.
3. Additional Insureds Required By Written Contract
Any person or organization that you are required by written contract to make an additional insured der this insurance is an insured, but only with respect to that person or organization's leg:
ability for acts or omissions of a person who qualifies as an insured for Liability Coverage unde SECTION II - WHO IS AN INSURED of this Coverage Form.
4. Employee-Hired Autos
Any employee of yours is an insured while operating with your permission an auto hired or rented under a contract in that employee's name, while performing duties related to the conduct of your business.
With respect to provisions A. 1. and A.2. above, "policy" includes those policies that were in force on the inception date of this Coverage Form, but:
i. Which are no longer in force; or
ii. Whose limits have been exhausted.
B. Increased Loss of Earnings Allowance
Under SECTION II - COVERED AUTOS LIABILITY COVERAGE, the paragraph entitled Coverage Extensions is amended under Supplementary Payment subparagraph (4) to delete the $250. a day limit for loss of earnings and replace it with a $500. a day limit.
C. Fellow Employee Coverage
Under SECTION II - COVERED AUTOS LIABILITY COVERAGE, the paragraph entitled Exclusions is amended to delete the exclusion entitled Fellow Employee.
Il. AMENDMENTS TO PHYSICAL DAMAGE COVERAGE
A. Increased Loss of Use Expense
Under SECTION III - PHYSICAL DAMAGE COVERAGE, the paragraph entitled Coverage Extensions is amended under Loss of Use Expenses to delete the maximum of $600., and replace it with a maximun of $800.
B. Broadened Electronic Equipment Coverage
Under SECTION III - PHYSICAL DAMAGE COVERAGE, the paragraph entitled Exclusions is amended to delete paragraphs 5.a through 5.d. in their entirety, and replace them with the following:
5. Exclusions 4.c. and 4.d. above do not apply to loss to any electronic equipment that at the time of loss is:
Form No: CNAB3700XX (10-2015)
Endorsement Effective Date: Endorsement Expiration Date:
Endorsement No: B; Page: 2 of 4
Underwriting Company: Valley Forge Insurance Company, 151 N Franklin St, Chicago, IL 60606 • Copyright CNA All Rights Reserved.
GNA Business Auto Policy
Policy Endorsement
a. Permanently installed in or upon a covered auto, nor to such equipment's antennas or other accessories used with such equipment. A $100 deductible applies to this provision, and supersedes any otherwise applicable deductible; or
b. Designed to be operated solely by use of the power from the auto's electrical system and is:
(1) Removable from a housing unit which is permanently installed in or upon the covered auto; (2) An integral part of the same unit housing any electronic equipment described in paragraphs a. or b.(1) above; or
(3) Necessary for the normal operation of the covered auto or the monitoring of the covered auto's operating system.
III. AMENDMENTS TO BUSINESS AUTO CONDITIONS
A. Knowledge of Accident or Loss
Under BUSINESS AUTO CONDITIONS, the Loss Condition entitled Duties In the Event of Accident, Claims, Suit, or Loss is amended to add the following subparagraph a.(4):
(4) If your employees know of an accident or loss, this will not mean that you have such knowledge intil such accident or loss is known to a natural person Named Insured, to a partner, executive officer, manager or member of a Named Insured, or to an employee designated by any of the above to be your insurance manager.
B. Knowledge of Documents
Under BUSINESS AUTO CONDITIONS, the Loss Condition entitled Duties In the Event of Accident.
Claims, Suit, or Loss is amended to add the following subparagraph b.(6):
(6) If your employees know of documents concerning a claim or suit, this will not mean that you have such knowledge until such documents are known to a natural person Named Insured, to a partner, executive officer, manager or member of a Named Insured, or to an employee designated by any of the above to be your insurance manager.
C. Waiver of Subrogation
Under BUSINESS AUTO CONDITIONS, the Loss Condition entitled Transfer Of Rights Of Recovery Against Others To Us is amended to add the following:
Ne waive any right of recovery we may have, because of payments we make for injury or damage against any person or organization for whom or which you are required by written contract or agreement to obtain this waiver from us.
This injury or damage must arise out of your activities under a contract with that person or organization.
You must agree to that requirement prior to an accident or loss.
D. Unintentional Failure To Disclose Hazards
Under BUSINESS AUTO CONDITIONS, the General Condition entitled Concealment, Misrepresentation or Fraud is amended to add the following:
Your failure to disclose all hazards existing on the inception date of this Coverage Form shall not prejudice you with respect to the coverage provided by this insurance, provided such failure or omission is not intentional.
E. Primary and Non-Contributory When Required By Contract Under BUSINESS AUTO CONDITIONS, the General Condition entitled Other Insurance is amended to add the following:
Form No: CNAB3700XX (10-2015) Policy No: BUA 50B8714166 Endorsement Effective Date: Endorsement Expiration Date: blicy Effective Date: 10/31/202 Endorsement No: 8; Page: 3 of 4 olicy Page: 43 of 5
Underwriting Company: Valley Forge Insurance Company, 151 N Franklin St, Chicago, IL 60606 • Copyright CNA All Rights Reserved.
CNA Business Auto Policy
Policy Endorsement
Notwithstanding provisions 5.a. through 5.d. above, the coverage provided by this Coverage Form shall be on a primary and non-contributory basis when required to be so by a written contract entered into prior to accident or loss
IV. AMENDMENTS TO DEFINITIONS
A. Broadened Bodily Injury
Under DEFINITIONS, the definition of bodily injury is deleted and replaced by the following:
Bodily injury means physical injury, sickness or disease sustained by a person, including death, mental anguish or mental injury sustained by that person which results as a consequence of the physical injury. sickness or disease.
All other terms and conditions of the policy remain unchanged This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy.
Form No: CNAB3700XX (10-2015) Policy No: BUA 50B8714166 Endorsement Effective Date: Endorsement Expiration Date: Policy Effective Date: 10/31/2020 Endorsement No: 8; Page: 4 of 4 Policy Page: 44 of 56
• Copyright CNA All Rights Reserved.
CNA Business Auto Policy
Policy Endorsement
ADDITIONAL INSURED - PRIMARY AND NON-CONTRIBUTORY
It is understood and agreed that this endorsement amends the BUSINESS AUTO COVERAGE FORM as follows:
SCHEDULE
Name of Additional Insured Person Or Organization
ANY PERSON OR ORGANIZATION THAT YOU ARE REQUIRED BY WRITTEN CONTRACT OR WRITTEN
AGREEMENT TO NAME AS AN ADDITIONAL INSURED
1. In conformance with paragraph A. 1.c. of Who Is An Insured of Section II - LIABILITY COVERAGE, the person or organization scheduled above is an insured under this policy.
2. The insurance afforded to the additional insured under this policy will apply on a primary and non-contributory basis if you have committed it to be so in a written contract or written agreement executed prior to the date of the "accident" for which the additional insured seeks coverage under this policy.
All other terms and conditions of the policy remain unchanged This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, akes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effectiv ate (the Endorsement Effective Date) is shown below, and expires concurrently with said policy Form No: CNA71527XX (10-2012) Policy No: BUA 50B8714166 Endorsement Effective Date: Endorsement Expiration Date: Policy Effective Date: 10/31/2020 Endorsement No: 7; Page: 1 of 1 Policy Page: 40 of 56
Underwriting Company: Valley Forge Insurance Company, 151 N Franklin St, Chicago, IL 60606 • Copyright CNA All Rights Reserved.
Workers Compensation And Employers Liability Insurance
GNA
Policy Endorsement
BLANKET WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS
This endorsement changes the policy to which it is attached.
It is agreed that Part One - Workers' Compensation Insurance G. Recovery From Others and Part Two - Employers' Liability Insurance H. Recovery From Others are amended by adding the following:
We will not enforce our right to recover against persons or organizations. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) PREMIUM CHARGE - Refer to the Schedule of Operations
The charge will be an amount to which you and we agree that is a percentage of the total standard premium for California exposure. The amount is 2%.
All other terms and conditions of the policy remain unchanged.
This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective Date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy unless another expiration date is shown below.
Form No: G-19160-B (11-1997) Policy No: WC 5 B8714183
Endorsement Effective Date: Endorsement Expiration Date: Policy Effective Date: 10/31/2020 Endorsement No: 2; Page: 1 of 1 Policy Page: 36 of 59
Underwriting Company: American Casualty Company of Reading, Pennsylvania, 151 N Franklin St, Chicago, IL 60606
• Copyright CNA All Rights Reserved.