EIRST AMENDMENT TO AGREEMENT 299 BETWEEN
IHE CITY OF CUPERTINO AND MOSS ADAMS FOR
CONSULTING SERVICES AGREEMENT FOR
INTERNAL AUDIT SERVICES
This First Amendment to Agreement 299 between the City of Cupertino and Moss Adams is by and between the City of Cupertino, a municipal corporation (hereinafter "City") and Moss Adams, a Limited Liability Company ("Contractor") whose address is 999 Third Avenue Suite 2800, Seattle, WA 98104, and is made with reference to the following:
RECITALS:
On August 23, 2021 Agreement 299 ("Agreement") was entered into by and between City and Contractor for Consulting Services Agreement for Internal Audit Services.
B. City and Contractor desire to modify the Agreement on the terms and conditions set forth herein.
NOW, THEREFORE, it is mutually agreed by and between and undersigned parties as follows:
tale sane shall te Completed provide ie 2023. The Clor's Services stade painen the decie . 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 requiring
2. Except as expressly modified herein, all other terms and covenants set forth in the Agreement shall remain the same and shall be in full force and effect.
SIGNATURES CONTINUE ON THE FOLLOWING PAGE
1 IN WITNESS WHEREOF, the parties hereto have caused this modification of Agreement to be executed.
CITY OF CUPERTINO MOSS ADAMS
By thos By Want Samantie
Title Director of Administrative Services Title Consulting Managing Partner Date Jun 1, 2022 Date Jun 1, 2022
APPROVED AS TO FORM
Christopher D. Jensen
City Attorney
ATTEST:
Kusten Aguarci
City Clerk
Date Jun 1, 2022
2 EXHIBIT D
Insurance Requirements
Design Professionals & Consultants Contracts
Consultant shall procure pror to commencement of Services and maintain for the duration of the contract. at its own cost and expense, the following insurance policies and coverage with companies doing business in Califomia and acceptable to City.
INSURANCE POLICIES AND MINIMUMS REQUIRED
1. Commercial General Liability (CGL) for bodily injury, property damage, personal injury liability for premises operations, products and completed operations, contractual liability, and personal and advertising injury with limits no less than $2,000,000 per occurrence (ISO Form CG 00 01). 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 occurrence 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. b. 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 or 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 or 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 Employer's Liability Insurance of no less than $1,000,000 per occurrence for bodily injury or disease / Not required. Consultant has provided written verification of no emplovee
4. Professional Liability for professional acts, errors and omissions, as appropriate to Consultant's profession, with limits no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. If written 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. • If coverage is canceled or non-renewed, and not replaced with another claims-made policy for with a Retroactive Date prior to the Contract Effective Date, the Consultant must purchase "extended reporting" coverage for a minimum of five (5) vears after completion of the Services.
Exh. D-Insurance Requirements for Design Professionals & Consultant Contracts Form Updated Jan. 2022
OTHER INSURANCE PROVISIONS
The aforementioned insurance shall be endorsed and have all the following conditions and provisions:
Additional Insured Status
ne City of Cupertino, its City Council, ofticers, officials, employees, agents, servants and voluntee Additional Insureds") are to be covered as additional insureds on Consultant's CGL and automobi liability policies. General Liability coverage can be provided in the form of an endorsement to Consultant's insurance (at least as broad as ISÓ Form ČG 20 10 (11/ 85) or both CG 20 10 and CG 20 37 forms, if later editions are used).
Primary Coverage
Coverage afforded to City/Additional Insureds shall be primary insurance. Any insurance or self-insurance maintained by City, its officers, officials, employees, or volunteers shall be excess of Consultant's insurance and shall not contribute to it.
Notice of Cancellation
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 performer by Consultant, its employees, agents and subconsultants. This provision applies regardless of whether or no the City has received a waiver of subrogation endorsement from the insurer.
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, claim administration and defense expenses. The policy shall provide, or 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 Corerage
Consultant must furnish acceptable insurance certificates and mandatory endorsements (or copies of the policies effecting the coverage required by this Contract), and a copy of the Declarations and Endorsement Page of th 'GL policy listing all policy endorsements prior to commencement of the Contract. City retains the right t 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 Reguirements for Design Professionals & Consultant Contracts Form Updated Jan. 2022 2 CATE(MN DD/YYYY)
ACORD® CERTIFICATE OF LIABILITY INSURANCE 11/01/2021
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 policy les) must have ADDITIONAL INSURED provisions or be endorsed if SUBROGATION IS WAIVED, subject to the terms and conditions of the pollcy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lleu of such endorsements).
PRODUCER ARMPACT Holder Identifier:
Aon Risk Services Central, Inc.
Chicago IL Office 42. No. ExcE (312) 381-1000 TAC No): (312) 381-7007 ChiCago TA 60601" USA
INSURERS) AFFORDING COVERAGE NAIC=
INSURED INSURERA: National Fire Ins. Co. of Hartford 20478 Moss Adams LLP INSURER B: The Continental Insurance Company 35289 999 Third Avenue
2800 INSURER C: Anerican Casualty Co. of Reading PA 20427 Suite
Seattle WA 98104 USA INSURER D:
INSURER E:
INSURER F:
COVERAGES CERTIFICATE NUMBER: 570090121910 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS.
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Limits shown are as requested
SUE BUBE POLICT EFF
TYPE OF INSURANCE wwD POLICY NUMBER MM DIYYYY LIMTS
LIF
COMMERCIAL GENERAL LIABILITY 5088714197 10731/202110731/202 EACH OOCURRENCE $1,000,000 General Liability DAMAGE TO RENTEL
CLAIMS MADE OCCUR $1,000,000
PREMSES (EA occumancel
MED EXP (Any one person! $15,000
PERSONAL & ADV INJURY $1,000,000
SENL AGGREGATE LIMITAPP ES PER: GENERALAGGREGATE 32,000,000 POLICY LOC PADOUCTS - COMP OP AGG $2,000,000 570090121910 OTHER:
5088714166 10/31/2021/10/31/2022 COMBINED SINGLE LIMIT
AUTOMOBILE LIABILITY 51,000,000
En accidenti
Auto
ANY AUTO BODILY INJURY (Por personi)
SCHEDULED BODILY INJURY (Por accidant)
CWNED AUTOS
AUTOS ONLY PROPERTY DAMAGE Certificate No :
HIRED AUTOS NON CWNED (Por accidart)
AUTOS ONLY
UMBRELLA LIAB 6045509936 10/31/202110/31/2022 EACH OOCURRENCE 52,000,000 OCCUR
Umbrella AGGREGATE $2,000,000
EXCESS LAB CLAIMS MADE
DED RETENTION
WUHRERS COMPENSATIONAND 5088714183 10/31/2021 10731/2022 I PER STATUTE EMPLOYERS LIABILITY workers Compensation
ANY PROPRIETOR/ FARTNER / EXECUTNE E.L. EACH ACCIDENT 51,000,000 N|N/A 5088714216 10/31/2021/10/31/2022
PICER MEMSER EXCLUDE: 51,000,000
andatory in N E.L. OISEASE EA EMPLOVEE
EESCHPTION OF CPERATIONS becom E.L. DISEASE POLICY LIMT $1,000,000 DESCRIPTION OF OPERATIONS/ LOCATIONS / VEHICLES (ACORD 101, Addeonal Remarks Schodule, may be attache d l more space is maquired) insured. A waiver of subrogation in favor of
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED
POLICY PROVISIONS.
10580 Torre Atenu AUTHORIZED REPRESENTATIVE
Avenue
Cupertino, CA 95014-3202 USA
Non Rish Soris Central Ina
01988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD
CNA CNA PARAMOUNT
General Liability Extension Endorsement
It is understood and agreed that this endorsement amends the COMMERCIAL GENERAL LIABILITY COVERAGE PART
TABLE OF CONTENTS
1. Additional Insureds
2. Additional Insured - Primary And Non-Contributory To Additional Insured's Insurance
3. Bodily Injury - Expanded Definition
4. Broad Knowledge of Occurrence/ Notice of Occurrence
5. Broad Named Insured
6. Estates, Legal Representatives and Spouses
7. Expected Or Intended Injury - Exception for Reasonable Force
8. In Rem Actions
9. Incidental Health Care Malpractice Coverage
10. Joint Ventures/Partnership/Limited Liability Companies
11. Legal Liability - Damage To Premises
12. Medical Payments
13. Non-owned Aircraft Coverage
14. Non-owned Watercraft
15. Personal And Advertising Injury - Discrimination or Humiliation
16. Personal And Advertising Injury - Contractual Liability 300200057 908 87 141 57 4059
17. Property Damage - Elevators
18. Supplementary Payments
19. Unintentional Failure To Disclose Hazards
20. Waiver of Subrogation - Blanket
CNA74879XX (1-15) Policy No: 5088714197
Nat'1 Fire Ins Co of Hartford Effective Date: 10/31/2021 Insured Name: MOSS ADAMS LIP
Copyright CNA Al Fights Reserved. Includes copyrighted matertal of Insurance services oMice, Inc., with its permission.
CNA PARAMOUNT
CNA
General Liability Extension Endorsement
1. ADDITIONAL INSUREDS
a. WHO IS AN INSURED is amended to include as an Insured any person or organization described in paragraphs A. through K. below whom a Named Insured is required to add as an additional insured on this Coverage Par under a written contract or written agreement, provided such contract or agreement (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 or 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: 10/31/2021 Insured Name: MOSS ADAMS LLP
Copyright CNA Al Fights Reserved. Incudes copyrighted matertal of Insuranse Services Offce, Inc., with Its permission.
CNA PARAMOUNT
CNA
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 ansing 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 307200057 508 87 141 57 4670 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 arising 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: 10/31/2021 Insured Name: MOSS ADAMS LLP
Copyright CNA Al Fights Reserved. Incudes copyrighted matertal of Insurance Services OMce, Inc., with Its permission.
CNA PARAMOUNT
CNA
General Liability Extension Endorsement
I. Trade Show Event Lessor
1. With respect to a Named Insured's participation in a trade show event as an exhibitor, presenter or displayer, any person or organization whom the Named Insured is required to include as an additional insured, but only with respect to such person or organization's liability for bodily injury, property damage or 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;
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 Ins Co of Hartford Effective Date: 10/31/2021 Insured Name: MOSS ADAMS LLP
Copyright CNA Al Fights Reserved. Incudes copyrighted matertal of Insurance Services Offce, 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
300200057 50887 141 97 4571 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.
CNA74879XX (1-15) Policy No: 5088714197
Nat '1 Fire Ins Co of Hartford Effective Date: 10/31/2021 Insured Name: MOSS ADAMS LLP
Copyright CNA All Fights Reserved. Includes copyrighted materal of Insurance Services Oce, Inc., With Its permission.
CNA Business Auto Policy
Policy Endorsement
EXTENDED COVERAGE - BA PLUS - FOR HIRED AND NON-OWNED AUTOS It is understood and agreed that this endorsement amends the BUSINESS AUTO COVERAGE FORM as follows.
If any other endorsement attached to this policy amends any provision also amended by this endorsement, then that other endorsement controls with respect to such provision, and the changes made by this endorsement to such provision do not apply.
TABLE OF CONTENTS
AMENDMENTS TO LIABILITY 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
I. 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 (10-20151 Policy No: BUA 50B8714166 Endorsement Effective Date: Endorsement Expiration Date: Policy Effective Date: 10/31/2021 Endorsement No: 9; Page: 1 of 4 Policy Page: 42 of 57
Underwriting Company: The Continental 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 lega ability for acts or omissions of a person who qualifies as an insured for Liability Coverage und 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.
II. 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 maximum 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) Policy No: BUA 508871416
Endorsement Effective Date: Endorsement Expiration Date: olicy Effective Date: 10/31/202 Endorsement No: 9; Page: 2 of 4 Policy Page: 43 of 57
Underwriting Company: The Continental Insurance Company, 151 N Franklin St, Chicago, IL 60606 • Copyright CNA All Rights Reserved.
Business Auto Policy
CNA 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 until 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:
We 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 5088714166 Endorsement Effective Date: Endorsement Expiration Date: Policy Effective Date: 10/31/2021 Endorsement No: 9; Page: 3 of 4 Policy Page: 44 of 57
Underwriting Company: The Continental Insurance Company, 161 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:
Andly hour man physica lie, i charts or diase sustained a person outing date a tal 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 effectiv date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy.
Form No: CNAB3700XX (10-2015) Policy No: BUA 5088714166 Endorsement Effective Date: Endorsement Expiration Date: Policy Effective Date: 10/31/2021 Endorsement No: 9; Page: 4 of 4 Policy Page: 45 of 57
Underwriting Company: The Continental Insurance Company, 151 N Franklin St, Chicago, IL 60606 • Copyright CNA All Rights Reserved.
CNA Workers Compensation And Employers Liability Insurance Policy Endorsement
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.
This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule.
Any person or organization for which the employer has agreed by written contract, executed prior to loss, may execute a waiver of subrogation. However, for purposes of work performed by the employer in Missouri, this waiver of subrogation does not apply to any construction group of classifications as designated by the waiver of right to recover from others (subrogation) rule in our manual.
Schedule
Any Person or Organization on whose behalf you are required to obtain this waiver of our right to recover from under a written contract or agreement.
The premium charge for the endorsement is reflected in the Schedule of Operations.
All other terms and conditions of the policy remain unchanged. is endorsemen, which forms a part of and is for attachment to the policy issued by the designated Insure kes effect on the Policy Effective Date of said policy at the hour stated in said policy, unless anoth effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy unless another expiration date is shown below.
Form No: WC 00 03 13 (04-1984) Policy No: WC 5 8871421€ Endorsement Effective Date: Endorsement Expiration Date: Policy Effective Date: 10/31/2021 Endorsement No: 13; Page: 1 of 1 Policy Page: 208 of 331 Underwriting Company: American Casualty Company of Reading, Pennsylvania, 151 N Franklin St Chicago, IL 60606
Copyright 1983 National Council on Compensation Insurance.
Consulting Services Agreement for Internal
Audit Services
Final Audit Report 2022-06-01
Created: 2022-05-31
By: City of Cupertino ([email protected])
Status: Signed
Transaction ID: CBJCHBCAABAAgRuqLeOCCD9UnpevUjkmpV4pXYMfqvE2 "Consulting Services Agreement for Internal Audit Services" Hist ory
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