Gilroy City Council
February 5, 2024

February 5, 2024 | 6:00 PM Page 1 of 6 City Council Regular Meeting Agenda Packet

CITY COUNCIL

REGULAR MEETING

AGENDA PACKET

CITY COUNCIL CHAMBERS, CITY HALL
7351 ROSANNA STREET, GILROY, CA
95020
MONDAY, FEBRUARY 5, 2024 | 6:00 PM
MAYOR
Marie Blankley

COUNCIL MEMBERS
Rebeca Armendariz
Dion Bracco
Tom Cline
Zach Hilton
Carol Marques
Fred Tovar
CITY COUNCIL PACKET MATERIALS ARE AVAILABLE ONLINE AT www.cityofgilroy.org AGENDA CLOSING TIME IS 5:00 P.M. THE TUESDAY PRIOR TO THE MEETING PUBLIC COMMENTS ON AGENDA ITEMS ARE TAKEN BEFORE THE CITY COUNCIL TAKES ACTION. Please keep your comments to 3 minutes. Time restrictions may vary based on the Mayor's discretion.

Send written comments on any agenda item to [email protected] or City Hall, 7351 Rosanna Street, Gilroy, CA 95020. Comments received by 1 p.m. on the meeting day will be distributed to the City Council before the meeting. Comments are also available at bit.ly/3NuS1IN.

In compliance with the Americans with Disabilities Act, the City will make reasonable arrangements to ensure accessibility to this meeting. If you need special assistance to participate in this meeting, please contact the City Clerk’s Office at least 72 hours prior to the meeting at (408) 846-0204 or [email protected] to help ensure that reasonable arrangements can be made.

If you dispute any planning or land use decision from this meeting in court, you may only raise issues you or someone else presented at this meeting's public hearing or in written letters to the City Council before the hearing.

Be aware that the time to seek a judicial review of any final decision made at this meeting is defined by Section 1094.6 of the California Code of Civil Procedure.

During this meeting, a Closed Session may be called under Government Code Section 54956.9 (d)(2). This will happen if, in the City's legislative body's opinion (based on current facts, circumstances, and legal advice), there's a significant risk of a lawsuit against the City.

Additional materials submitted after agenda distribution are available on www.cityofgilroy.org as soon as possible.

KNOW YOUR RIGHTS UNDER THE GILROY OPEN GOVERNMENT ORDINANCE Government's duty is to serve the public, reaching its decisions in full view of the public.

Commissions, task forces, councils and other agencies of the City exist to conduct the people's business. This ordinance assures that deliberations are conducted before the people and that City operations are open to the people's review.

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FOR MORE INFORMATION ON YOUR RIGHTS UNDER THE OPEN GOVERNMENT ORDINANCE, TO

RECEIVE A FREE COPY OF THE ORDINANCE OR TO REPORT A VIOLATION OF THE ORDINANCE, CONTACT THE OPEN GOVERNMENT COMMISSION STAFF AT (408) 846-0204.

If you need translation assistance, contact the City Clerk 72 hours before the meeting at 408-846-0204 or [email protected].

Si necesita un intérprete durante la junta y gustaría dar un comentario público, comuníquese con el Secretario de la Ciudad un mínimo de 72 horas antes de la junta al 408-846-0204 o envíe un correo electrónico a la Oficina del Secretario de la Ciudad a [email protected].

To access written translation during the meeting, please scan the QR Code or click this link:

Para acceder a la traducción durante la reunión, por favor escanee el código QR o haga clic en el enlace:
bit.ly/3FBiGA0
Choose Language and Click Attend | Seleccione su lenguaje y haga clic en asistir
Use a headset on your phone for audio or read the transcript on your device.

Use sus auriculares para escuchar el audio o leer la transcripción en el dispositivo.

The agenda for this meeting is outlined as follows:

1. OPENING

1.1. Call to Order

1.2. Pledge of Allegiance

1.3. Invocation

1.4. City Clerk's Report on Posting the Agenda

1.5. Roll Call

1.6. Orders of the Day

1.7. Employee Introductions

2. CEREMONIAL ITEMS - Proclamations and Awards

3. PRESENTATIONS TO THE COUNCIL

3.1. PUBLIC COMMENT BY MEMBERS OF THE PUBLIC ON ITEMS NOT ON THE

AGENDA BUT WITHIN THE SUBJECT MATTER JURISDICTION OF THE

CITY COUNCIL
This part of the meeting allows public address on non-agenda topics along with items within Council Correspondence within the Council's jurisdiction. To speak, complete a Speaker's Card from the entrances and give it to the City Clerk. Speaking time ranges from 1-3 minutes based on the Mayor's discretion. Extended discussions or actions on non-agenda items are restricted by law. For Council action, the topic may be listed on a future agenda.

Email written comments on non-agenda topics to [email protected] or mail them Agenda Packet Page No. 2 of 447
February 5, 2024 | 6:00 PM Page 3 of 6 City Council Regular Meeting Agenda Packet
to City Hall, 7351 Rosanna Street, Gilroy, CA 95020, by 1:00 p.m. on the meeting day. These comments, available at City Hall, will be shared with the Council and included in the meeting record. Late submissions will be shared as soon as possible. A 10-page limit applies to hardcopy materials, but electronic submissions are unlimited.

4. REPORTS OF COUNCIL MEMBERS
Council Member Bracco – Downtown Committee, Santa Clara County Library Joint Powers Authority, Santa Clara Valley Water Joint Water Resources Committee, SCRWA Council Member Armendariz – Downtown Committee, Santa Clara County Library Joint Powers Authority (alternate), Santa Clara Valley Habitat Agency Governing Board, Santa Clara Valley Habitat Agency Implementation Board, Silicon Valley Clean Energy Authority JPA Board (alternate)
Council Member Marques – ABAG, Downtown Committee, Gilroy Gardens Board of Directors, Santa Clara Valley Habitat Agency Governing Board, Santa Clara Valley Habitat Agency Implementation Board, SCRWA (alternate)
Council Member Hilton – CalTrain Policy Group (alternate), Silicon Valley Clean Energy Authority JPA Board, VTA Policy Advisory Committee
Council Member Cline – Gilroy Economic Development Partnership (alternate), Gilroy Gardens Board of Directors (alternate), Gilroy Sister Cities Association, Gilroy Youth Task Force, Silicon Valley Regional Interoperability Authority Board, VTA Policy Advisory Committee (alternate), Visit Gilroy California Welcome Center Board, VTA Mobility Partnership Committee
Council Member Tovar – Downtown Committee, Gilroy Youth Task Force (alternate), Santa Clara County Expressway Plan 2040 Advisory Board, Santa Clara Valley Water Commission, SCRWA, South County Youth Task Force Policy Team Mayor Blankley – ABAG (alternate), CalTrain Policy Group, Downtown Committee, Gilroy Economic Development Partnership, Gilroy Sister Cities Association (alternate), Gilroy Youth Task Force, Santa Clara Valley Water Joint Water Resources Committee, SCRWA, South County Youth Task Force Policy Team, VTA Board of Directors, VTA Mobility Partnership Committee

5. COUNCIL CORRESPONDENCE (Informational Only)

5.1. City Administrator Response to Request from the Local Agency Formation Commission (LAFCO) Board to Provide Implementation Plans for the 2023 Countywide Fire Service Review Recommendations

6. FUTURE COUNCIL INITIATED AGENDA ITEMS

7. CONSENT CALENDAR
Items under the Consent Calendar are deemed routine and approved with one motion. If a Council member or a member of the public wishes for a separate discussion on an item, it must be requested for removal before the Council's approval vote. If removed, the item will be discussed in its original order.

7.1. Approval of the Action Minutes of the January 22, 2024 City Council Regular Meeting
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7.2. Approve the Third Amendment to the Agreement with Swimming Swan LLC to Extend the Agreement by One Year for $250,348

7.3. Tentative Map Time Extension Request No. 2, Without Any Changes to Project Approval, to Subdivide 8.36 Acres, Creating 14 Single-Family Residential Lots, Two Common Parcels, and One Public Park Parcel, Located at the Northerly End of Greenfield Drive, APN 808-20-008 (TM 16- 02)

7.4. Extension and Maintenance of Existing Parklet Permits Until Adoption and Implementation of a Formal Downtown Parklet Program

7.5. Adopt a Resolution of the City Council of the City of Gilroy Authorizing Execution of Administering Agency-State Master Agreements for State and Federal-Aid Funded Projects

7.6. Resolution of the City Council of the City of Gilroy Declaring Weeds a Nuisance

8. BIDS AND PROPOSALS

8.1. Award a Contract to ASG Builders for the FY24 Annual CDBG Sidewalk/Curb Ramp Project No. 24-PW-285 in the amount of $97,290, Approve a Project Contingency of $19,458, and Approve a Total Project Expenditure of $116,748 for Construction

1. Staff Report: Karl Bjarke, Interim Public Works Director

2. Public Comment

3. Possible Action:

Award a contract to ASG Builders in the amount of $97,290 and approve a project contingency of $19,458 for the FY24 Annual CDBG Sidewalk/Curb Ramp Project (No. 24-PW-285) and authorize the City Administrator to execute the contract and associated documents.

8.2. Award a Contract to Hexagon Transportation Consultants, Inc. for the First Street (SR152)/Kern Avenue Traffic Signal Design Project No. 24-RFP-PW494 in the amount of $264,685, Approve a Project Contingency of $39,703, and Approve a Total Project Expenditure of $304,388 for Design Services

1. Staff Report: Karl Bjarke, Interim Public Works Director

2. Public Comment

3. Possible Action:
a) Adopt a resolution of the City Council of the City of Gilroy amending the Fiscal Year 2023-2024 budget and appropriating an additional $121,821 from the Traffic Impact Fund (425); and
b) Award a contract to Hexagon Transportation Consultants, Inc. in the amount of $264,685 and approve a project contingency of $39,703 for a total project expenditure of $304,388 for the design and preparation of bid documents for the First Street (SR152)/Kern Avenue Traffic Signal Design Project No. 24-RFP-PW-494 and authorize the City Administrator to execute the contract and associated documents.

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8.3. Award a Contract to HydroScience Engineers, Inc. for the Design of Water Utility Improvements Project No. 24-RFP-PW-497 in the amount of $842,790, Approve a Project Contingency of $126,419, and Approve a Total Project Expenditure of $969,209 for Design Services

1. Staff Report: Karl Bjarke, Interim Public Works Director

2. Public Comment

3. Possible Action:
a) Adopt a resolution of the City Council of the City of Gilroy to increase the Fiscal Year 2023-2024 (FY24) and decrease the 2024-2025 (FY25) budget by $605,038 in the Water Fund (Fund 705); and
b) Award a contract to HydroScience Engineers, Inc. in the amount of $842,790 and approve a project contingency of $126,419 for a total project expenditure of $969,209 for the design and preparation of bid documents for Water Utility Improvements Project No. 24-RFP-PW-497 and authorize the City Administrator to execute the contract and associated documents.

8.4. Award a Contract to Villalobos & Associates for the FY24 Annual Citywide Curb Ramp Project No. 24-PW-286 in the amount of $104,130, Approve a Project Contingency of $10,413, and Approve a Total Project Expenditure of $114,543 for Construction

1. Staff Report: Karl Bjarke, Interim Public Works Director

2. Public Comment

3. Possible Action:

Award a contract to Villalobos & Associates in the amount of $104,130, approve a project contingency of $10,413, approve a total project expenditure of $114,543 for the construction of the Fiscal Year 2024 (FY24) Annual Citywide Curb Ramp Project (No. 24-PW-286), and authorize the City Administrator to execute the contract and associated documents.

9. PUBLIC HEARINGS (NONE)

10. UNFINISHED BUSINESS (NONE)

11. INTRODUCTION OF NEW BUSINESS

11.1. Approval to Enter into an Exclusive Negotiating Agreement with BayEcotarium for Potential Uses of the (Hecker Pass) Recreation Gateway Area

1. Staff Report: Jimmy Forbis, City Administrator

2. Public Comment

3. Possible Action:

1. Approve an Exclusive Negotiating Rights Agreement between the City of Gilroy and Bay.org (BayEcotarium) and authorize the City Administrator to execute all related documents; and

2. Create an Ad Hoc Committee consisting of three Gilroy City Council members, and the City Administrator to serve as negotiators.

12. CITY ADMINISTRATOR'S REPORTS
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13. CITY ATTORNEY'S REPORTS

14. CLOSED SESSION

14.1. CONFERENCE WITH LABOR NEGOTIATORS – COLLECTIVE BARGAINING UNIT Pursuant to GC Section 54957.6 and GCC Section 17A.11 (4); Collective Bargaining Units: Local 2805, IAFF Fire Unit Representing Gilroy Fire Fighters
City Negotiators: Jimmy Forbis, City Administrator, LeeAnn McPhillips, HR Director
Anticipated Issues(s) Under Negotiation: Wages, Hours, Benefits, Working Conditions; Memorandums of Understanding: City of Gilroy and Gilroy Fire Fighters Local 2805.

14.2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to GC Sec. 54956.8 and GCC Sec. 17A.8(a)(2);
Properties: 10th Street Bridge: APNs 808-19-007, 799-30-006, 799-30-007, 808-19-020, 808-50-999, Thomas Luchessa Bridge: APNs 808-21-025, 808- 21-023, 808-21-021, 808-21-018, New Fire Station: APNs 808-18-003, 808-19- 029
Negotiators: Jimmy Forbis, City Administrator; Other Party to Negotiations: Glen Loma Corporation, John M. Filice, Jr.; Negotiating Price and terms of payment regarding purchase, sale.

15. ADJOURN TO OPEN SESSION
Report of any action taken in Closed Session and vote or abstention of each Council Member if required by Government Code Section 54957.1 and GCC Section 17A.13 (a); Public Report of the vote to continue in closed session if required under GCC Section 17A.11 (e).

16. ADJOURNMENT

FUTURE MEETING DATES
February 2024
26 Regular Meeting - 6:00 p.m
March 2024
4 Regular Meeting - 6:00 p.m
18 Regular Meeting - 6:00 p.m
April 2024
8 Regular Meeting - 6:00 p.m
15 Regular Meeting - 6:00 p.m
Meetings are live streamed on the City of Gilroy’s website at gilroy.city/meetings and on YouTube at https://bit.ly/45jor03.

Access the 2024 City Council Meeting Calendar at https://bit.ly/3LLzY1n.

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5.1. City Administrator Response to Request from the Local Agency Formation Commission (LAFCO) Board to Provide Implementation Plans for the 2023 Countywide Fire Service Review Recommendations Agenda Item No. 5.1 Agenda Packet Page No. 7 of 447
Administration Department
7351 Rosanna Street, Gilroy, California 95020-6197
Telephone: (408) 846-0202
http://www.cityofgilroy.org
Jimmy Forbis
City Administrator
January 31, 2024
Neelima Palacherla, Executive Officer
Santa Clara Local Agency Formation Commission
777 North First Street, Suite 410
San Jose, CA 95112
RE: LAFCO Board Request for Written Responses to 2023 Fire Service Review Recommendations
Ms. Palacherla,
The City Administration appreciates LAFCO's work on the 2023 Fire Service Review. There is valuable information in the study; however, the recommendations staff received were based on the opinions and findings of the consultant hired by LAFCO. The City of Gilroy submitted many comments on the findings and recommendations, some of which the study addressed and others that it did not.

That being said, financial and policy responsibility for fire service in Gilroy lies solely under the jurisdiction of the Gilroy City Council.

The LAFCO Board requested responses to seven report recommendations that were included in Table A (attached). It was asked that the City:

1. Provide a written response on how you plan to implement the recommendations presented in the Countywide Fire Service Review Report pertaining to your agency/organization and summarized in the attached Table A and Table B; and

2. Provide a timeframe for that implementation; or

3. Provide an explanation if your agency/organization does not plan to implement a recommendation.

The City Administration's responses to all recommendations are the same – they depend on policy and funding direction that the Gilroy City Council determines. In the end, City Council direction is achieved through ongoing budget and policy discussions concerning any service in and for the City of Gilroy.

Agenda Item No. 5.1 Agenda Packet Page No. 8 of 447
2 Please contact me with any questions at [email protected] or (408) 846-0250.

Sincerely,
Jimmy Forbis
City Administrator
Cc: Gilroy City Council
Harjot Sangha, Gilroy Finance Director
Agenda Item No. 5.1 Agenda Packet Page No. 9 of 447
1 Jimmy Forbis
From: Noel, Dunia <[email protected]>
Sent: Tuesday, December 19, 2023 5:09 PM
Cc: LAFCO
Subject: EXTERNAL - Implementation of Recommendations from LAFCO’s Countywide Fire Service Review
Attachments: Table A.pdf; Table B & Corresponding Maps.pdf Dear Fire Chiefs, City Managers, County Executive, and Other Affected Service Providers:

As you know, LAFCO recently adopted its Countywide Fire Service Review which includes recommendations for fire and emergency medical response service providers to consider and potentially implement.

LAFCO is requesting that each of the identified agencies / organizations:

1. Provide a written response on how you plan to implement the recommendations presented in the Countywide Fire Service Review Report pertaining to your agency/organization and summarized in the attached Table A and Table B; and

2. Provide a timeframe for that implementation; or

3. Provide an explanation if your agency/organization does not plan to implement a recommendation.

Please provide your response to [email protected] as soon as possible and no later than February 16, 2024. Your response will be provided to the Commission for their consideration at a future LAFCO meeting.

For your convenience we have prepared the following summary to help you quickly identify the recommendations (by number) that pertain to each agency. Please see the attached Tables A & B for the detailed recommendations.

AGENCIES/ORGANIZATIONS REPORT RECOMMENDATIONS # IN:

Cities Table A Table B
City of Campbell 2D, 3, 8, 8F, 12
City of Cupertino 12
City of Gilroy 2, 2C, 8, 8A, 20, 30, 30A
City of Los Altos 8, 8J, 12
Town of Los Altos Hills 12
Town of Los Gatos 8, 8J, 12
City of Milpitas 1, 8, 8C 1
City of Monte Sereno 12,
City of Morgan Hill 1, 4, 8, 8C, 12, 20, 30, 30B
City of Mountain View 8, 8D, 31
City of Palo Alto 2, 2B, 8, 8E, 31 24, 25
City of San Jose 1, 2, 2A, 8, 8F, 20 2, 3, 4, 5, 13, 14, 15, 16, 17, 18 City of Santa Clara 8, 8G, 31
CAUTION: This email originated from an External Source. Please use proper judgment and caution when opening attachments, clicking links, or responding to this email.

Agenda Item No. 5.1 Agenda Packet Page No. 10 of 447
2 City of Saratoga 12
City of Sunnyvale 1, 8, 8H, 20, 31
Fire Districts
Los Altos Hills County Fire
District (LAHCFD)
1, 8, 8I, 12 20, 21, 22, 23
Saratoga Fire Protection
District (SFD)
1, 12, 29
Santa Clara County Central
Fire Protection District (CCFD)
1, 2, 2D, 3, 8, 8J, 13, 20, 29, 31 1, 2, 3, 4, 5, 13
South Santa Clara County Fire
Protection District (SCFD)
1, 5, 8, 8K, 12, 20, 30, 30C 5, 7, 8, 9, 10, 11, 12, 14, 15, 16, 17, 18
Other Providers
County of Santa Clara (County
Executive’s Office or other
dept.)
5, 28, 32 6, 7, 15, 16, 20, 21
County Office of Emergency
Management (OEM)
15, 16, 17, 18
CAL FIRE 30, 32 5, 9, 19
Silicon Valley Regional
Interoperability Authority
(SVRIA)
19, 22
Santa Clara County Fire Chiefs
Association
6, 7, 9, 10, 11, 13, 14, 21
Santa Clara County Fire Safe
Council
23, 24, 25, 26, 27
Midpeninsula Regional Open
Space District (MROSD)
17, 18, 19, 20, 21
If you have any questions, please reach out to Dunia Noel at [email protected].

Lastly, thank you for participating in LAFCO’s Countywide Fire Service Review and for your consideration and timely response to this request.

Sincerely,
Neelima Palacherla, Executive Officer
**If you have an inquiry, we encourage you to contact us by email at [email protected].** Dunia Noel
Assistant Executive Officer, Santa Clara LAFCO
777 North First Street, Suite 410, San Jose, CA 95112
(408) 993-4704 | Twitter: @SantaClaraLAFCO | www.SantaClaraLAFCO.org Agenda Item No. 5.1 Agenda Packet Page No. 11 of 447
3 Agenda Item No. 5.1 Agenda Packet Page No. 12 of 447
# Recommendations Page # in Report Potential Implemmentors 1 Emergency Response Performance Standard : Gilroy, Mountain View, Palo Alto, Santa Clara, and San Jose have adopted performance standards (goals) through their elected officials. Sunnyvale and CCFD (including SFD and LAHCFD) have published response time goal, however, their elected officials have not adopted the standard. Morgan Hill, Milpitas and SCFD have not adopted a response time standard. Organizations should adopt a performance goal and present those to the elected officials for adoption. The organizations should consider a baseline standard that defines the expectation of service for the community.

Pages xiii, 25 Sunnyvale, CCFD (including SFD and LAHCFD), Morgan Hill, Milpitas and SCFD
2 Unit Utilization Hours: San Jose, Palo Alto, Gilroy, and CCFD all have units with UHUs of over 10%. These agencies should add additional resources to effectively manage the call volume and improve response time performance.

Pages xiii, 25 San Jose, Palo Alto, Gilroy, and CCFD
2A San Jose Units: 28 engines and medical units exceeding 10% UHU, of which four exceed 20% UHU. Specifically: E01 (17.4%), E02 & E302 (17.9%), E03 (19%), E04 (15.2%), E05 (14.8%), E06 (11.4%), E07 (13.3%), E08 (16.2%), E10 (13.5%), E12 (10.2%), E13 (13.4%), E14 (12.2%), E16 (15.1%), E17 & WT17 (13.1%), E18 & WT18 (20.6%), E19 & E619 (26.5%), E21 & WT21 (19.4%), E23 (10.9%), E24 & E624 (23.1%), E26 & RM26 (28.3%), E27 & E627 (19.8%), E30 (14.1%), RM30 (10.4%), E31 & E631 (14.3%), E34 (15.0%), USAR34 (14.2%), E335 & E35 (12.5%).

Pages 302 - 303 San Jose
2B Palo Alto Units: E61 (10.7%), M61 (22.3%), M62 (18.5%), and M64 (19.1%).

2C Gilroy Units: The Chestnut Station has two units cross-staffed with three personnel assigned to the station, and the crew has an UHU of 10.9%. The Station 47/Chestnut Station crew has an UHU of 10.9%, specifically Sta.47 Cross Staffed (2.1%) + E47 (8.8%).

2D CCFD Unit: E81 (10.3%). The City of Campbell needs additional resources to reduce the unit hour utilization rate for the crew at Station 81 to help meet the performance standards adopted for the community.

This study did not evaluate whether the city needs an additional fire station or just an additional company at Station 81.

TABLE A: COUNTYWIDE FIRE SERVICE REVIEW REPORT RECOMMENDATIONS & POTENTIAL IMPLEMENTORS

FIRE AND EMERGENCY SERVICES OVERVIEW RECOMMENDATIONS
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# Recommendations Page # in Report Potential Implemmentors 3 Call Volume: The City of Campbell, which contracts with CCFD, is experiencing an increase in service demand and the resources assigned are already exceeding capacity, including the automatic aid stations nearby. The call volume inside the City of Campbell accounts for approximately 20% of all CCFD emergency responses, however, the staffing level only represents 9.3% of the on duty staffing each day. CCFD staffing levels in the city are dependent on contract conditions. The City of Campbell will need additional resources to meet the performance standards adopted for the community.

4 Morgan Hill: 3-13: The rise in expenditures is anticipated to outpace increases in General Fund revenues for Morgan Hill through FY 27, causing the city to operate at a deficit in its GF each year from FY 23 to FY

27. Additional measures will be required to increase revenues or reduce expenditures in future years. The city should review its ability to continue with the contract for services in future years and whether to prioritize fire service in its expenditures or find additional revenue to continue providing service at least at the current level.

5 SCFD & County of Santa Clara: 12-14: The sustainability of funding the operations of SCFD is being challenged primarily due to the increased cost of the CAL FIRE agreement. Projections show SCFD will use up all available fund balance by early FY 25; if no further revenue sources can be identified by that time, SCFD’s operations will be severely impacted and may need to be reduced or may not be able to continue.

6 Boundary Drop Response: While SCFD, Morgan Hill , and Gilroy have entered into a boundary drop agreement to share resources, AP Triton recommends the fire agencies evaluate opportunities for a boundary drop response for critical incidents (where time significantly matters in the outcome) for the entire county. Note: To be more effective, this will require improved interoperability between CAD products for dispatch centers, including the existing agreement between SCFD, Morgan Hill, and Gilroy. This effort should be coordinated by the Santa Clara Fire Chiefs Association.

Pages xiii, 25 Santa Clara County Fire Chiefs Association 12/19/2023 Page 2 of 12
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# Recommendations Page # in Report Potential Implemmentors 7 Station Identifiers: All agencies have unique unit identifiers; however, only San Jose and CCFD have station numbers that match the unit assigned. Each agency should consider assigning station numbers (in addition to station names) that match the unit identifier assigned across the county to improve awareness of the home station of response units.

This effort should be coordinated by the Santa Clara Fire Chiefs Association.

Pages xiii, 25 Santa Clara County Fire Chiefs Association 8 Facility Replacement & Maintenance Planning: Establish a comprehensive facility replacement plan and a maintenance plan for fire stations. Please see specifics below.

Gilroy, Milpitas, Morgan Hill, Mountain View, Palo Alto, San Jose, Santa Clara, Sunnyvale, and LAHCFD,
8A Gilroy: With two of Gilroy Fire Department’s three stations being over forty years old, there should be a facility replacement plan in place. (Chestnut - 51 years) and (Las Animas - 45 years). In reviewing the city's current capital improvement budget, there were no fire facilities identified.

Pages 128-129, 133 Gilroy
8B Milpitas: With one of Milpitas' four stations over fifty years, there should be a facility replacement plan in place. (Station 3 - 54 years). The older Milpitas fire stations do not meet the requirements of modern firefighting. The City's current Capital Improvement Plan only identified project related to fire stations was a portable building replacement project at Station 1 that is housing the Office of Emergency Services.

Pages 162-163, 168 Milpitas
8C Morgan Hill: The City of Morgan Hill is building a new station that is expected to open in 2024. AP Triton did not identify any other capital projects in the current budget documents. Ensuring the stations are in good repair also requires regular maintenance and scheduled replacement of specialized equipment. Plans for updating and repairing systems such as heating and air conditioning (HVAC), generators, roofs, driveways, parking areas, security gates, painting, carpet replacement, and small appliances can keep costs down and buildings in service longer. In addition, establishing a facility replacement and maintenance plan will enable the city to plan for ongoing service from each station more efficiently.

FACILITY REPLACEMENT & MAINTENANCE PLANNING RECOMMENDATIONS 12/19/2023 Page 3 of 12
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# Recommendations Page # in Report Potential Implemmentors 8D Mountain View: Two (Station 3 - 61 years & Station 4 - 55 years) of five stations over 50 years old...The City of Mountain View Public Works Department is responsible for the planning and maintenance of all facilities. The Fire Chief stated that Fire Station 3 is on the schedule for a capital replacement, however per Public Works, it is an “unfunded capital replacement project.”...Fire Stations and the Fire Department’s Training Division/Center are critical infrastructures which should be components of capital improvement and replacement plan for the city.

Pages 230, 235 Mountain View
8E Palo Alto: Five of seven station over 50 years in age and/or were identified as not meeting the needs of a modern fire station: (Station 1 - 57 years), (Station 2 - 57 years), (Station 4 - 69 years), (Station 5 - 55 years), (Station 6 - 50 years), and Station 8. The city’s current five-year Capital Improvement Plan only identifies Station 4 for replacement. It was not apparent if an additional plan was in place for the other older stations. Station 6 is owned and maintained by Stanford University. Palo Alto has worked to update its facilities, including seismic protection, however, Stations 1, 2, 5, and 8 are nearing end of life and should be included in a plan for replacement.

Pages 270, 277 Palo Alto
8F San Jose: With 15 of San José Fire Department’s 35 stations being over fifty years old there should be a more robust facility replacement plan in place. (Station 5 - 63 years), (Station 6 - 60 years), (Station 7 - 86 years), (Station 8 - 73 years), (Station 9 - 60 years), (Station 10 - 62 years), (Station 13 - 54 years), (Station 14- 60 years), (Station 15 - 60 years), (Station 16 - 62 years), (Station 18 - 59 years), (Station 22 - 57 years), (Station 23 - 56 years), (Station 26 - 74 years), (Station 30 - 67 years).

Additionally, eighteen of the fire stations have no known seismic protection. The Fire Department's current Capital Improvement Plan has identified only two remodel projects.

Pages 340, 344, 351 San Jose
8G Santa Clara: With five of Santa Clara Fire Department’s nine stations being over forty years old, there should be a facility replacement plan in place. (Station 1 - 57 years), (Station 5 - 61 years), (Station 7 - 51 years), (Station 8 - 47 years), (Station 9 - 40 years). The Fire Department’s Capital Improvement Plan has identified a major gap in not having a funding source for major infrastructure needs for stations 1, 5, 7, and 9.

Pages 384-385, 389 Santa Clara
12/19/2023 Page 4 of 12
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# Recommendations Page # in Report Potential Implemmentors 8H Sunnyvale: With five of Sunnyvale's six stations being over fifty years old, there should be a facility replacement plan in place. (Station 1 - 62 years), (Station 2 - 62 years), (Station 3- 62 years), (Station 4 - 62 years), (Station 6 - 62 years). Sunnyvale’s Capital Improvement Plan (CIP) states the following: “The advancement of fire service standards and continued population growth of the city establishes the recognition for the need to begin replacing or expanding older, smaller fire stations built in the 1960s. The current facilities are becoming functionally inadequate and driving the need for a master plan. The master plan's recommendations will be utilized to develop a project plan which will be brought forward for consideration during the next CIP budget cycle.” At this time, there appears to be funding identified to replace Station 2 but there are only remodels listed for the remaining stations.

Pages 419-420, 424 Sunnyvale
8I LAHCFD: A facility replacement plan should be established for the Station 74 (El Monte) Fire Station. While it is only 26 years old, it has been rated in fair condition and does not meet the needs of a modern fire stations. It does, however, have seismic protection.

Pages 447, 450 LAHCFD
8J CCFD, Los Altos, Campbell, Los Gatos: The majority of CCFD's fire stations are older and do not meet the requirements of moder firefighting. With seven of CCFD's stations over fifty years old, a facility replacement plan should be in place. [Station 75 (City of Los Altos) - 54 years)], [Station 78 (CCFD) - 74 years)], [Station 79 (CCFD) - 57 years)], [Station 80 (City of Campbell) - 53 years)], [Station 82 (City of Los Gatos - 62 years)], [Station 83 (City of Los Gatos) - 58 years)], [Station 85 (CCFD) - 57 years)]. In reviewing the current Capital Improvement Plan, CCFD has identified that most facilities need some sort of update, repair, or replacement. CCFD established a capital fund in 2020 that will assist in funding the necessary improvements. Also, some facilities are not owned by the district and rely on each city or district to maintain or replace them. Most stations need a remodel to create gender separation in both sleeping areas and restrooms/shower areas.

Pages 527-528, 535 CCFD, Los Altos, Campbell, and Los Gatos 12/19/2023 Page 5 of 12
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# Recommendations Page # in Report Potential Implemmentors 8K SCFD: The majority of fire stations, including SCFD's, are older and do not meet the requirements of modern firefighting. With two of the four stations serving SCFD being over 50 years old, there should be a facility replacement plan in place. [Headquarters (Shared with CAL FIRE) - 69 years)], and [Masten (owned by SCFD) - 57 years)]. The difficulty for SCFD is the mix of state-owned and local government-owned facilities and some with shared staffing. Getting the right funding at the right time for a multiagency building project is challenging. We did not identify any existing capital projects in the current SCFD budget documents.

Pages 590-591, 595 SCFD
9 Coordinate Consistency in Fire Codes: The Santa Clara County Fire Marshals Association should continue to work toward consistency in its fire codes through coordination or reduction of amendments.

Amendments to vegetation management and fire sprinkler requirements should receive special attention as inconsistencies have the greatest impact on residents and the development community.

Pages xiii, 25, 43 Santa Clara County Fire Chiefs Association 10 Report on Status of Fire Inspections: Each jurisdiction should annually report the status of mandated inspections to its governing body in accordance with state law (California Health & Safety Code 13146.4).

This will allow the governing body to assess and make decisions regarding resources and corrective action. A similar report should be submitted to the State Fire Marshal per the 2020 letter of request from the State Fire Marshal.

Pages xiv, 37, 44 Santa Clara County Fire Chiefs Association 11 Provide Information on Plan Review and Construction
Requirements: The Santa Clara County Fire Marshals Association should consider creating processes like the one used for hazardous materials for plan reviews and construction inspections. Unidocs is an excellent way to clearly convey who is responsible, where to go, and what is required for service. Updates on requirements and/or turnarounds times, and other relevant information can be kept current on this living, web-based document.

Pages xiv, 44 Santa Clara County Fire Chiefs Association

FIRE PREVENTION & PUBLIC EDUCATION RECOMMENDATIONS
12/19/2023 Page 6 of 12
Agenda Item No. 5.1 Agenda Packet Page No. 18 of 447
# Recommendations Page # in Report Potential Implemmentors 12 Service Provider Transparency for Cities and Districts with Fire Prevention Services provided by other agencies: Cupertino, Los Gatos, Monte Sereno, Los Altos, Morgan Hill, Saratoga, Campbell, SFD, LAHCFD, SCFD should all provide an explanation and links on their websites to connect community members with the agency providing fire prevention services. Those providing the service should consider adding guidelines and checklists used by staff to assist customers.

Pages xiv, 38, 44 Cupertino, Los Gatos, Monte Sereno, Los Altos, Los Altos Hills, Morgan Hill, Saratoga, Campbell, SFD, LAHCFD, and SCFD
13 Provide Access to Incident Data: CCFD and CAL FIRE should provide access to the incident database for every fire agency in Santa Clara County. The Fire Investigation Task Force is a best practice, and the data collected can be used to identify the fire problem countywide. The data quality must be high enough to determine what caused the fire (ignition source and material first ignited), where it occurred (fire origin in specific occupancy type, as well as geographic location), who caused it, if applicable (age, sex, etc.), and why it occurred (the action that brought the ignition source and material first ignited together). A shared database/geocoded map would facilitate the creation of programs that target specific populations and occupancies in areas at risk.

Pages xiv, 40, 44 CCFD and CAL FIRE
14 Coordinate Public Education re. Community Risk Reduction: Public education regarding community risk reduction is sparse and distinct among the agencies. Many rely on their websites to provide information and links. Creating a set of coordinated materials, programs, and messages, based on the identified fire (and EMS) problem(s), would go a long way in providing a clear, consistent message to targeted occupancies and populations throughout the county. A Public Education Task Force, working with local CERT and Red Cross groups, would be a best practice in efficiency as well as maximize the potential for behavior change in impacted populations. The Santa Clara County Fire Marshals Association should coordinate this recommendation with all the fire agencies in the County.

Pages xv, 44 Santa Clara County Fire Chiefs Association 15 Emergency Operations Plan Updates: The County Office of Emergency Management should develop a schedule for regular updates of the Emergency Operations Plan.

Pages xv, 49 County Office of Emergency Management
16 Emergency Management Outreach: The County Office of Emergency Management should build community resiliency to disasters through regular outreach and scheduled drills.

Pages xv, 49 County Office of Emergency Management

EMERGENCY MANAGEMENT RECOMMENDATIONS
12/19/2023 Page 7 of 12
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# Recommendations Page # in Report Potential Implemmentors 17 Fire Safe Council Representation: The County Office of Emergency Management should consider adding a representative from the Santa Clara County Fire Safe Council as a partner in plan updates and revisions.

Pages xv, 49 County Office of Emergency Management
18 Reference Community Wildfire Protection Plan: The County Office of Emergency Management should include references to the Community Wildfire Protection Plan (CWPP) in the wildfire threat summary portion of the Santa Clara County Emergency Operations Plan to help ensure coordination.

Pages xv, 49 County Office of Emergency Management
19 CAD-to-CAD Interoperability: Establish a CAD-to-CAD connection between dispatch centers to enhance interoperability. This connection would enable the transfer of information and real-time monitoring of neighboring agency resource status. It would streamline the process of requesting resources from neighboring centers and facilitate the determination of available resources outside the center for specific incidents. Silicon Valley Regional Interoperability Authority (SVRIA) should provide the coordination with all the Fire Dispatch Centers to meet this recommendation.

Pages xv, 57 Silicon Valley Regional Interoperability Authority (SVRIA) to coordinate with the fire agencies and dispatch centers. 20 AVL Dispatch of Resources: Gilroy, Morgan Hill, San Jose, Sunnyvale, CCFD, and SCFD are not currently utilizing Automatic Vehicle Location (AVL) technology to dispatch the closest available resource for emergencies. By integrating AVL into the CAD system through GIS mapping, the system can identify and dispatch the nearest unit to the incident. AVL Dispatch can help improve overall response times, potentially making a significant difference in critical calls. Each of these agencies should implement AVL dispatch in their dispatch center.

Pages xvi, 57 Gilroy, Morgan Hill, San Jose, Sunnyvale, CCFD, and SCFD 21 Data Quality and Access: The Santa Clara County Fire Chiefs should coordinate data standardization among the fire agencies, promote a single CAD system for the County with access for each agency to review their data sets, and all agencies should review the quality of inputs by their personnel.

Page xvi Santa Clara County Fire Chiefs Association

EMERGENCY COMMUNICATIONS RECOMMENDATIONS
12/19/2023 Page 8 of 12
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# Recommendations Page # in Report Potential Implemmentors 22 Communications Feasibility Study: Due to their existing Joint Powers Agreement (JPA) with the service providers, Silicon Valley Regional Interoperability Authority (SVRIA) should commission a comprehensive feasibility study to address weaknesses in the overall emergency communications system in the county. The study should focus on reducing the number of Public Safety Answering Points (PSAPs), establishing a common Computer-Aided Dispatch (CAD) platform for fire and EMS agencies, and evaluating the benefits and challenges of combining fire and EMS dispatch centers, at least virtually. This study will provide valuable insights to improve services for individual agencies and the entire county. SVRIA's mission aligns with the goal of this proposed study, and it can facilitate collaboration and support for implementing improvements.

Pages xvi, 58 Silicon Valley Regional Interoperability Authority (SVRIA) 23 Coordinate Community Wildfire Protection Plan Updates: Santa Clara County Fire Safe Council should coordinate CWPP updates with particular emphasis on ensuring all communities within Santa Clara County are participating (Milpitas does not have an Annex).

Pages xvi, 74 Santa Clara County Fire Safe Council
24 Multi Party Fuel Mitigation, monitoring and outreach : Santa Clara County Fire Safe Council should concentrate on multi-party mitigation, monitoring, and outreach in the CWPP update. Santa Clara County Fire Safe Council should consider combining mitigation strategies from city Annexes into a single list that can be used to locate fuel breaks and fuel modifications to protect multiple jurisdictions, recognizing efficiencies of scale. The list should be prioritized to fund the most significant risks to the County first. The Santa Clara County Fire Safe Council should also develop public messages and online tools for all fire agencies to echo and make available to residents. Grants are available to fund projects.

Implementation of projects should involve staff of impacted fire agencies, cities, and County OES, as well as hired contractors. Napa, Marin, and San Diego counties have already implemented this best practice and can serve as examples.

Pages xvi, 74 Santa Clara County Fire Safe Council
25 Annual Updates of the CWPP: Santa Clara County Fire Safe Council should conduct annual CWPP and fire agency updates regarding project planning, implementation, and maintenance.

Pages xvii, 74 Santa Clara County Fire Safe Council

WUI HAZARD MITIGATION IN SANTA CLARA COUNTY RECOMMENDATIONS 12/19/2023 Page 9 of 12
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# Recommendations Page # in Report Potential Implemmentors 26 Annual CWPP Project Coordination Meetings: Santa Clara County Fire Safe Council should conduct annual project coordination meetings between fire agencies, land management agencies, local non-profits, and the Santa Clara County Fire Safe Council to evaluate project priorities and review project accomplishments.

Pages xvii, 74 Santa Clara County Fire Safe Council
27 Maintain CWPP Project Database: Santa Clara County Fire Safe Council should maintain an extensive project database available to the community.

Pages xvii, 74 Santa Clara County Fire Safe Council
28 Funding Santa Clara County Fire Safe Council: The Santa Clara County Fire Safe Council is actively working at a countywide level to improve mitigation efforts. While the Fire Safe Council has access to some grant funding, the Fire Safe Council needs sustainable funding to provide consistent long-term service. AP Triton recommends Santa Clara County provide some level of consistent funding each year to the Fire Safe Council. In addition, funding for projects within a fire agency’s jurisdiction should be budgeted by the fire agency in accordance with CWPP timeframes.

Pages xvii, 74 Santa Clara County (County Executive's Office or other Dept.) 29 SFD: 11-16: There are potential alternatives with regards to SFD's governance and administration, where duplicated efforts could be minimized, as identified in LAFCO's Countywide Fire Service Review in 2010 and in Section III: Governance Structure Alternatives of this report.

The review affirms that there are redundancies in SFD's current service structure that could be more efficient with just one fire district serving the area. It is recommended that SFD’s receptiveness to reorganization to enhance services efficiencies be assessed.

Page xviii, Page 562 SFD and CCFD

GOVERNANCE STRUCTURE ALTERNATIVES RECOMMENDATIONS
12/19/2023 Page 10 of 12
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# Recommendations Page # in Report Potential Implemmentors 30 Gilroy, Morgan Hill and SCFD: Exploring options for alternative service structures, such as joint powers authorities combining operations of two or more neighboring agencies, could potentially bring efficiencies and value-added services to Morgan Hill, Gilroy, and SCFD. While CAL FIRE provides contractual service of a large-scale fire agency to Morgan Hill and SCFD, creating a larger local entity consisting of Morgan Hill, Gilroy, and SCFD with a unified structure could offer benefits such as increased accountability, improved efficiency, and enhanced effectiveness in delivering fire services to the community. While reorganization, consolidation, and other shared service structures will likely have efficiencies from which agencies can benefit, if they are facing servicerelated constraints, these structure alternatives do not provide a singular solution to all constraints to services and must be combined with other strategies. It is recommended that SCFD and the cities of Morgan Hill and Gilroy enter into a Memorandum of Understanding, in coordination with CAL FIRE, outlining the agencies’ commitment to providing long-term cooperative fire services and establishing a joint strategic planning team to assess potential cooperative service elements for implementation.

Page xviii , Page 135,

Gilroy, Morgan Hill, SCFD, and CALFIRE
30A Gilroy: Considering the staffing and facility constraints specific to the City of Gilroy, collaborating with the City of Morgan Hill and SCFD to establish a larger entity may hold particular value.

30B Morgan Hill: While Morgan Hills’ services are satisfactory and appear to be sustainable, there are facility capacity constraints and regionalization could offer opportunities to pool resources, share expertise, and optimize operations, leading to improved service delivery.

30C SCFD: SCFD has the economies of scale through its contract with CAL FIRE that allow for greater efficiency and effectiveness. However, due to financing constraints, and the need to either enhance revenues or reduce service costs, there may be further opportunities for regionalization between Morgan Hill, Gilroy, and SCFD to form a larger local entity.

12/19/2023 Page 11 of 12
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# Recommendations Page # in Report Potential Implemmentors 31 Mountain View, Palo Alto, Sunnyvale, Santa Clara, and CCFD:

Exploring options for alternative structures, such as joint powers authorities combining two or more neighboring agencies (Mountain View, Palo Alto, Sunnyvale, Santa Clara, and CCFD), could potentially bring efficiencies and value-added services to Mountain View and other smaller fire service providers in Santa Clara County. Creating a larger entity with a unified structure can offer benefits such as increased accountability, improved efficiency, and enhanced effectiveness in delivering fire services to the community. While Mountain View’s services are satisfactory and appear to be sustainable, there could be opportunities to pool resources, share expertise, and optimize operations, leading to improved service delivery.

View); Page 279 (Palo
Alto); Page 391 (Santa
Clara); Page 426
(Sunnyvale); and Page
537 (CCFD)
Mountain View, Palo Alto, Sunnyvale, Santa Clara, and CCFD 32 Six counties in California have opted to provide contract services to the State to fill CAL FIRE's obligations with their counties. Given the changes to fire service that have occurred over the last two decades, reassessing the possibility of Santa Clara County transitioning to a “contract county” may be warranted. Inclusion of Alameda County and Contra Costa County in the restructuring, should their fire agencies express interest, would create a more cohesive fire service structure in the Bay Area and likely enhance bargaining power with the State. A challenge may be CAL FIRE’s long-term established presence in the County and existing infrastructure that is in place.

Pages xix, 94 Santa Clara County (County Executive's Office or other Dept.) and

CALFIRE
12/19/2023 Page 12 of 12
Agenda Item No. 5.1 Agenda Packet Page No. 24 of 447

7.1. Approval of the Action Minutes of the January 22, 2024 City Council Regular Meeting
Agenda Item No. 7.1 Agenda Packet Page No. 25 of 447

City of Gilroy
City Council Regular Meeting Minutes
Monday, January 22, 2024 | 6:00 PM

1. OPENING

1.1. Call to Order
The meeting was called to order by Mayor Blankley at 6:00 PM.

1.2. Pledge of Allegiance
Council Member Bracco led the Pledge of Allegiance.

1.3. Invocation
There was none.

1.4. City Clerk's Report on Posting the Agenda
City Clerk Pham reported on the Posting of the Agenda.

1.5. Roll Call
Attendance Attendee Name
Present Rebeca Armendariz, Council Member
Dion Bracco, Council Member
Tom Cline, Council Member
Zach Hilton, Council Member
Carol Marques, Mayor Pro Tempore
Fred Tovar, Council Member
Marie Blankley, Mayor
Absent None

1.6. Orders of the Day
There were none.

1.7. Employee Introductions
City Administrator Forbis introduced Utilities Director Heath McMahon.

2. CEREMONIAL ITEMS - Proclamations and Awards

2.1. Proclamation Proclaiming January 29 – February 2, 2024 as Catholic Schools Week at St. Mary School in Gilroy
Mayor Blankley read aloud the proclamation and presented it to Tanaya Stumpf of St. Mary School in Gilroy.

3. PRESENTATIONS TO THE COUNCIL

3.1. PUBLIC COMMENT BY MEMBERS OF THE PUBLIC ON ITEMS NOT ON THE

AGENDA BUT WITHIN THE SUBJECT MATTER JURISDICTION OF THE

CITY COUNCIL
Mayor Blankley opened Public Comment. The following speakers spoke on items that were not on the agenda.

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Donald Perino praised the senior meals program managed by Adam Henig for its health-conscious offerings, acknowledged the work of volunteers, and recommended watching a program on Direct TV channel 348.

Peter Mandel discussed the eviction of Limelight Theater from the Gilroy Center for the Arts, highlighting the theater's impact on the community and its search for a new venue.

Ron Kirkish expressed concerns about a Council Member's endorsement of Plan Bay Area 2050 and its potential financial and infrastructural impacts on Gilroy.

Diana Bentz expressed disappointment with the Council's decision not to appoint a sole commission candidate, highlighting a need for more inclusivity and respect, especially towards individuals facing language barriers.

Robert Zepeda discussed an opinion piece about COVID-19, questioning the effectiveness of vaccines and expressing skepticism towards public health measures and their implications for society and small businesses.

Ana Mendoza requested the Gilroy City Council to implement tenant protection policies and address illegal rent increases in local mobile home parks.

Flint Worley shared his experience of a significant rent increase at his mobile home park, expressing concerns about potential homelessness and requesting the Council ensure legal compliance and protect residents' rights.

Jeff Orth, representing the Gilroy Downtown Business Association, thanked the Mayor, the City Administrator, and Council for their support in 2023, highlighting improvements in downtown Gilroy and expressing views on the plywood ordinance and vacancy tax.

There being no further speakers, Mayor Blankley closed Public Comment.

4. REPORTS OF COUNCIL MEMBERS
Council Member Bracco reported on the Santa Clara County Library Joint Powers Authority.

Council Member Armendariz reported on the Santa Clara Valley Habitat Agency Governing Board, Santa Clara Valley Habitat Agency Implementation Board, Silicon Valley Clean Energy JPA Board, and the Latino Health Equity Survey Steering Committee.

Council Member Marques reported on the Santa Clara Valley Habitat Agency Governing Board, Santa Clara Valley Habitat Agency Implementation Board, and the Downtown Committee.

Council Member Hilton reported on VTA Policy Advisory Committee and Silicon Valley Clean Energy Authority JPA Board.

Council Member Cline reported on the Gilroy Sister Cities Association.

Council Member Tovar expressed gratitude to Frank Johnson from Visit Gilroy, Jane Howard from the Chamber, and Jeff Orth for their insights on downtown development, which helped shape his upcoming Downtown Subcommittee report.

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Mayor Blankley reported on the South County Youth Task Force Policy Team and VTA Board of Directors.

5. COUNCIL CORRESPONDENCE

5.1. Council Information Request – Animal Services Cost Comparison The Council acknowledged the letter.

Council Member Armendariz requested that members of the public may speak on this item. Her request received majority support.

Mayor Blankley opened Public Comment.

Michelle Rodriguez inquired about the designated contact person for animal control in Gilroy for cases of injured animals after hours, expressing frustration over the lack of a clear point of contact despite her repeated requests.

Karen Fortino discussed the challenges faced by animal rescuers in Gilroy, particularly after hours, emphasizing the need for clearer communication and guidelines from the City regarding who to contact and how to handle situations involving animals.

There being no further speakers, Mayor Blankley closed Public Comment.

6. FUTURE COUNCIL INITIATED AGENDA ITEMS
There were none.

7. CONSENT CALENDAR
Mayor Blankley opened Public Comment. There being no speakers, Mayor Blankley closed Public Comment.

Motion: Approve the Consent Calendar.

RESULT: Pass
MOVER: Fred Tovar, Council Member
SECONDER: Rebeca Armendariz, Council Member
AYES: Council Member Armendariz, Council Member Bracco, Council Member Cline, Council Member Hilton, Mayor Pro Tempore Marques, Council Member Tovar, Mayor Blankley
NOES: None
ABSENT: None
ABSTAIN: None

7.1. Approval of the Action Minutes of the January 8, 2024 City Council Regular Meeting
A motion was made to approve the minutes.

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7.2. Adoption of the City of Gilroy Donation and Fundraising Policy A motion was made to adopt the Donation and Fundraising Policy.

7.3. Claim of Gilroy Arroyo One, LLC and Gilroy Arroyo Two, LLC (The City Administrator recommends a "yes" vote under the Consent Calendar shall constitute a denial of the claim)
A motion was made to deny the claim.

8. BIDS AND PROPOSALS
There were none.

9. PUBLIC HEARINGS
There were none.

10. UNFINISHED BUSINESS

10.1. Downtown Parklet Program
Economic Development Manager Valencia provided a staff presentation.

Mayor Blankley opened Public Comment.

Tom Miller discussed the development of a parklet at his property, emphasizing its compliance with various regulations and its potential benefits to downtown Gilroy while clarifying misconceptions about its establishment.

Dan Nelson, owner of Tempo Kitchen and Bar, advocated for continuing the parklet program, emphasizing its importance for business and customer experience and aligning with Gilroy's downtown development plans.

Ana Mendoza, advocating for the community, discussed a survey about the parklets in downtown Gilroy. She expressed concerns about inclusivity and accessibility, sharing a personal experience of being denied seating at a parklet. Mendoza urged the Council to develop clear policies and consider the community's needs in their decision-making.

Teo Castillo, owner of Station 55, briefly expressed that the decision on parklets is crucial for the survival of her business and the livelihoods of her employees. She emphasized the parklet as their only hope to continue and urged careful consideration of its impact on local businesses.

Evelyn Hudson spoke on behalf of the owners of Station 55, urging the Council to reconsider their stance on the parklet at Station 55, which she described as essential for the restaurant's survival and beneficial to the community. She emphasized the ongoing impact of the pandemic and the importance of supporting local businesses.

Ruth Garcia, a local realtor and business owner, advocated for the permanence of parklets, emphasizing their positive impact on Gilroy's dining experience and criticizing the City's handling of the situation with DRAFT Agenda Item No. 7.1 Agenda Packet Page No. 29 of 447 January 22, 2024 | 6:00 PM Page 5 of 9 City Council
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the parklet at a specific business, which was led to believe it could be a permanent addition by the Gilroy Downtown Business Association.

Sammy Trujillo advocated for implementing a parklet plan in downtown Gilroy, emphasizing their importance for business success and community engagement.

Jeff Orth, Chairman of the Gilroy Downtown Business Association, expressed mixed support for parklets in Gilroy, advocating for clear city guidelines on outdoor dining experiences, and suggested evaluating the specific situation of Station 55 to find a workable solution.

Ron Kirkish shared his positive dining experience at Maurizio's in Morgan Hill, highlighting the importance of their parklet for customer accommodation and business success, leading him to support the idea of parklets.

There being no further speakers, Mayor Blankley closed Public Comment.

Motion:
• Staff to pursue a Downtown Parklet Program;
• Allow temporary permission for existing parklets at Station 55 and Tempo and that their permits will not be revoked or changed until the new parklet policy is established;
• Expedite the process with assistance from the Downtown Committee; and
• Document the formal extension for Station 55 at the next City Council Regular Meeting.

RESULT: Pass
MOVER: Fred Tovar, Council Member
SECONDER: Rebeca Armendariz, Council Member
AYES: Council Member Armendariz, Council Member Bracco, Council Member Cline, Council Member Hilton, Mayor Pro Tempore
Marques, Council Member Tovar, Mayor Blankley
NOES: None
ABSENT: None
ABSTAIN: None

11. INTRODUCTION OF NEW BUSINESS

11.1. Resolution Establishing Gilroy Police Department Towing Rates Council Member Bracco recused himself from the item due to a conflict of interest.

Captain Powell provided a staff presentation and responded to Council Member questions.

Mayor Blankley opened Public Comment. There being no speakers, Mayor Blankley closed Public Comment.

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Motion: Adopt a resolution establishing tow rates pursuant to Section 24A.8 - Regulations, of the Gilroy City Code Chapter 24A - Towing Services.

RESULT: Pass
MOVER: Tom Cline, Council Member
SECONDER: Carol Marques, Mayor Pro Tempore
AYES: Council Member Armendariz, Council Member Cline, Council Member Hilton, Mayor Pro Tempore Marques, Council Member Tovar, Mayor Blankley
NOES: None
ABSENT: None
ABSTAIN: None
RECUSED: Council Member Bracco

Enactment No.: Resolution No. 2024-02

11.2. Quality-of-Life Police Officer Program
Captain Powell provided a staff presentation and responded to Council Member questions.

Mayor Blankley opened Public Comment.

Gregory Felios praised the Quality-of-Life program led by Corporal Griffith and Officer Helms for addressing the unhoused population, advocating for its expansion and greater community awareness.

Tim Davis, Director of the South County Compassion Center, commended the work of officers in the Quality-of-Life program for balancing the needs of the homeless with community concerns and advocated for making their positions permanent alongside investing in housing solutions.

Kelly Ramirez shared her experience of a ride-along with Corporal Griffith, emphasizing his exceptional de-escalation skills and respectful and compassionate interactions with both business owners and homeless individuals, and advocated for making the Quality-of-Life officer positions permanent due to their significant impact on the community.

Ron Kirkish supported the previous speakers, emphasizing the importance of the Quality-of-Life officers in maintaining community standards and advocating for the expansion of the program with additional officers to enhance city safety and quality of life.

There being no further speakers, Mayor Blankley closed Public Comment.

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Motion: Approve the City’s permanent Quality-of-Life Officer Program, approve the reclassification of a Police Officer to a Police Corporal in the Quality-of-Life Office Program, and adopt a resolution updating the City’s Position Control List for FY 2024-25.

RESULT: Pass
MOVER: Tom Cline, Council Member
SECONDER: Fred Tovar, Council Member
AYES: Council Member Armendariz, Council Member Bracco, Council Member Cline, Council Member Hilton, Mayor Pro Tempore
Marques, Council Member Tovar, Mayor Blankley
NOES: None
ABSENT: None
ABSTAIN: None

Enactment No.: Resolution No. 2024-03

11.3. City Council Downtown Committee (Part 2) - Subcommittee Reports and Recommendations – Beautification of Downtown and Noise Ordinance Mayor Blankley and Toni Bowles, representing the Noise Ordinance SubCommittee, provided the subcommittee’s presentation and responded to Council Member questions.

Council Member Tovar and Old City Hall Restaurant Owner Fran Beaudet, representing the Downtown Beautification Subcommittee, provided the subcommittee’s presentation and responded to Council Member questions.

Mayor Blankley opened Public Comment. There being no speakers, Mayor Blankley closed Public Comment.

Council received both reports and directed staff to create a noise ordinance, utilizing the information and recommendations provided by the Downtown Committee. Additionally, for the beautification of downtown, staff received specific recommendations, providing guidance on the council's expectations and preferences and ensuring a focused approach to downtown beautification efforts.

11.4. Consent to the Appointment of Heba El-Guindy as Public Works Director Council waived staff presentation.

Mayor Blankley opened Public Comment. There being no speakers, Mayor Blankley closed Public Comment.

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Motion: Consent to the City Administrator’s recommendation to appoint Heba El-Guindy to the department head position of Public Works Director.

RESULT: Pass
MOVER: Carol Marques, Mayor Pro Tempore
SECONDER: Rebeca Armendariz, Council Member
AYES: Council Member Armendariz, Council Member Bracco, Council Member Cline, Council Member Hilton, Mayor Pro Tempore
Marques, Council Member Tovar, Mayor Blankley
NOES: None
ABSENT: None
ABSTAIN: None

12. CITY ADMINISTRATOR'S REPORTS
There were none.

13. CITY ATTORNEY'S REPORTS
City Attorney Faber provided his report and responded to Council Member questions.

14. CLOSED SESSION
Mayor Blankley opened Public Comment. There being no speakers, Mayor Blankley closed Public Comment.

Mayor Blankley recessed the open session at 9:20 PM.

Mayor Blankley called the Closed Session to order at 9:25 PM.

A motion was made to go into Closed Session. The motion received unanimous approval.

14.1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to GC Sec. 54956.8 and GCC Sec.17A.8 (a) (2)
Property: City-Owned 536 Acres at Hecker Pass (Including Gilroy Gardens Theme Park), 3050 Hecker Pass Highway, Gilroy, CA (APN’s: 810-17-024, 810-17-026, 810-17-029, 810-17-030, 810-17-031, 810-18-002, 810-18-013, 810-19-005, 810-19-007, 810-19-010, 810-19-011, 810-19-014) Negotiators: Jimmy Forbis, City Administrator; Victoria Valencia, Economic Development Manager
Other Parties to Negotiations: Paul Nakamoto, Bay.Org (DBA Aquarium of the Bay/Bay Ecotarium); Chris Sutton, Select Contracts; Nicholas Singer, Purchase Capital;
Under Negotiations: Price and terms of payment for sale or lease.

No reportable action.

14.2. CONFERENCE WITH LABOR NEGOTIATORS – COLLECTIVE BARGAINING UNIT Pursuant to GC Section 54957.6 and GCC Section 17A.11 (4); Collective Bargaining Units: Local 2805, IAFF Fire Unit Representing Gilroy Fire Fighters
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City Negotiators: Jimmy Forbis, City Administrator, LeeAnn McPhillips, HR Director
Anticipated Issues(s) Under Negotiation: Wages, Hours, Benefits, Working Conditions; Memorandums of Understanding: City of Gilroy and Gilroy Fire Fighters Local 2805.

No reportable action.

14.3. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to GC Sec. 54956.8 and GCC Sec. 17A.8(a)(2);
Properties: 10th Street Bridge: APNs 808-19-007, 799-30-006, 799-30-007, 808-19-020, 808-50-999, Thomas Luchessa Bridge: APNs 808-21-025, 808- 21-023, 808-21-021, 808-21-018, New Fire Station: APNs 808-18-003, 808-19- 029
Negotiators: Jimmy Forbis, City Administrator; Other Party to Negotiations: Glen Loma Corporation, John M. Filice, Jr.; Negotiating Price and terms of payment regarding purchase, sale.

No reportable action.

15. ADJOURN TO OPEN SESSION
Mayor Blankley reported on the items listed above.

16. ADJOURNMENT
Mayor Blankley adjourned the meeting was adjourned at 10:27 PM.

I HEREBY CERTIFY that the foregoing minutes were duly and regularly adopted at a regular meeting of the City Council of the City of Gilroy.
/s/Thai Nam Pham, MMC, CPMC
City Clerk
DRAFT Agenda Item No. 7.1 Agenda Packet Page No. 34 of 447

7.2. Approve the Third Amendment to the Agreement with Swimming Swan LLC to Extend the Agreement by One Year for $250,348
Agenda Item No. 7.2 Agenda Packet Page No. 35 of 447

City of Gilroy

STAFF REPORT
Agenda Item Title: Approve the Third Amendment to the Agreement with Swimming Swan LLC to Extend the Agreement by
One Year for $250,348
Meeting Date: February 5, 2024
From: Jimmy Forbis, City Administrator
Department: Recreation
Submitted By: Adam Henig, Recreation Manager
Prepared By: Adam Henig, Recreation Manager
STRATEGIC PLAN GOALS Ensure Neighborhood Equity from City Services

RECOMMENDATION
Approve the Third Amendment to the Agreement with Swimming Swan LLC.

EXECUTIVE SUMMARY
Swimming Swan LLC has completed year two of its agreement and is eligible for a oneyear extension option if the City approves its exercise, which staff is recommending approval. Due to the pandemic-related reduction of recreational services, Swimming Swan took over aquatic operations at Christopher High School (CHS) in 2022 through a request for proposals (RFP) process. For the past two summers, they have offered recreational swimming, swim lessons for youth and adults, lifeguarding courses, and additional aquatics-related programs and services. In 2024, if approved, they plan to continue to offer these services.

BACKGROUND
The Christopher High School Aquatics Center was built in partnership with the Gilroy Unified School District (GUSD) and opened to the public in the summer of 2012.

Through 2019, the Gilroy Recreation Department operated a seasonal aquatic program at Christopher High School, with swimming lessons, recreation swim, certification classes, water aerobics, and a private party reservation program.

Agenda Item No. 7.2 Agenda Packet Page No. 36 of 447
Approve the Third Amendment to the Agreement with Swimming Swan LLC to Extend the Agreement by One Year for $250,348
City of Gilroy City Council Page 2 of 4 February 5, 2024 Due to the pandemic-related reduction of recreational services, the City’s aquatics program at Christopher High School (CHS) was eliminated in 2020. To provide public swim lessons and recreational swimming in 2022, a request for proposals (RFP) was distributed, seeking the services of an aquatics operator to manage the CHS Aquatics Center. In February 2022, the City Council approved the selected aquatics operator, Swimming Swan, LLC.

As approved in the agreement, the annual management fee is intended to cover the following expenses:
 Taxes
 Insurance (general pool liability)
 Technology platform
 Administrative cost
 External audit through the Red Cross
 Custodial costs
 Additional equipment/uniforms as needed
This proposed option would be effective only for the 2024 season. Following this season, staff will issue a similar RFP for a management organization to oversee recreational aquatic operations at Christopher High School for 2025 and beyond.

ANALYSIS
Since Swimming Swan has managed CHS Aquatics Center in 2022, they have served thousands of Gilroy residents. Below is a two-year overview of the number of people who have participated in a Swimming Swan program:
# of Swim
Lesson
Participants
# of Recreation
Swim
Participants
Annual total # of
participants
2022 1,347 3,968 5,315
2023 1,1921 5,107 6,299
2-year Total 2,539 9,075 11,614
Beyond swim lessons and recreation swimming, Swimming Swan also offers lap swimming, CPR classes, private party rentals, and aqua aerobics. Furthermore, many of their lifeguards are high school and college-age residents. 1 To better serve all residents in 2023, Swimming Swan enacted a new rule that limited participants to one swim lesson per season. In 2022, users could sign-up for as many lessons as they wanted, shutting out some families who didn’t register right away. Although the change in policy increased equitability, it did result in a decrease in the overall number of lesson sign-ups.

Agenda Item No. 7.2 Agenda Packet Page No. 37 of 447
Approve the Third Amendment to the Agreement with Swimming Swan LLC to Extend the Agreement by One Year for $250,348
City of Gilroy City Council Page 3 of 4 February 5, 2024 Challenges
There are limitations to operating the Christopher High School Aquatics Center. The pools are only widely available during the summer months, hindering a management company’s ability to make it a profitable operation, which is why the City offers a management fee. Even though the pool is more readily available during the summer, there is still limited access at certain hours because of school-related sports teams’ usage of the competition pool.

In addition to scheduling challenges, any given operator of this facility will be confronted with the following barriers:
 A national lifeguard shortage;
 Inexperienced staff since the operator is forced to restart with new personnel because swimming is not offered year-round;
 Developing a rapport with the community;
 And learning how to safely operate the waterslides, which reopened in 2023.

Despite these challenges, the provider wants to continue to serve Gilroy residents by allowing Swimming Swan to operate for a third year. Safety is Swimming Swan’s top priority, and they have been responsive to feedback and have shown a willingness to correct any concerns that the City or the public have expressed.

ALTERNATIVES
Council may deny the proposed option for a third year. This option would result in the Aquatics Center being closed in 2024 since there would not be sufficient time to issue an RFP and select a provider. Staff does not recommend this option.

FISCAL IMPACT/FUNDING SOURCE
The third-year option requires a management fee paid to the operator of $188,348 for 2024. The amount is based on the management fee paid to the operator in 2022, which was in the amount of $183,575. The 2024 management fee will be the 2023 amount plus a 2.6% increase ($4,773) based on the percentage increase between December 2022 and December 2023 in the Consumer Price Index for all Urban Consumers, San Francisco – Oakland – San Jose Metropolitan Area, as published by the U.S.

Department of Labor (“CPI”). In addition, the City is paying for the additional insurance coverage for the vendor to operate the waterslides, which will not exceed $62,000. The management fee and the additional insurance costs are included in the adopted FY24 Recreation Fund’s budget (Fund 290).

Attachments:

1. Third Amendment to Agreement with Swimming Swan
Agenda Item No. 7.2 Agenda Packet Page No. 38 of 447
Approve the Third Amendment to the Agreement with Swimming Swan LLC to Extend the Agreement by One Year for $250,348
City of Gilroy City Council Page 4 of 4 February 5, 2024

2. Agreement - The Swimming Swan LLC - Second Amendment - Pool Operator Contract - Signed 2023-06-29
Agenda Item No. 7.2 Agenda Packet Page No. 39 of 447

THIRD AMENDMENT TO THE AGREEMENT FOR SERVICES BETWEEN THE

CITY OF GILROY AND SWIMMING SWAN LLC
THIS THIRD AMENDMENT TO THE AGREEMENT (this “Third Amendment”), by and among the CITY OF GILROY, a California municipal corporation (“CITY”), and Swimming Swan, LLC., a California Limited Liability Corporation (“CONTRACTOR”), is entered into as of January 8, 2024. Capitalized terms not otherwise defined herein shall have the meanings ascribed to them in that certain Agreement for Services, effective February 8, 2022 (the “Original Agreement”), by and between the CITY and CONTRACTOR, as amended by that certain First Amendment to the Agreement with the effective date of June 6, 2022 (the “First Amendment”), Second Amendment to the Agreement with the effective date of July 10, 2023 (the “Second Amendment”), and collectively referred to as the “Agreement.”

RECITALS
WHEREAS, the CITY and CONTRACTOR entered into the Agreement, whereby the CONTRACTOR provides for the operation of the Christopher High School Aquatics Center, including administration and reporting; and
WHEREAS, the First Amendment removed the operation of the Activity Pool’s play structure and its four waterslides in the Scope of Services Section B(1) due to the CONTRACTOR not having insurance for the operation of those features; and WHEREAS, the Second Amendment opened the play structure and the water slides with the CITY reimbursing CONTRACTOR for the additional insurance coverage of the activity pool’s play structure and four waterslides. The cost of the insurance was $64,813 for the 2023 pool season; and
WHEREAS, CITY and CONTRACTOR negotiated and desires to exercise the contract option extending the Agreement an additional year subject to the terms and conditions stated herein.

NOW, THEREFORE, FOR GOOD AND VALUABLE CONSIDERATION, THE

RECEIPT AND SUFFICIENCY OF WHICH ARE HEREBY ACKNOWLEDGED, THE PARTIES AGREE TO AS FOLLOWS:

1. Incorporation of Recitals. The foregoing recitals are agreed to, accepted and incorporated herein by reference.

2. Compensation. Article 4A, entitled “Consideration”, is hereby amended to read as follows:

In consideration for the services to be performed by CONTRACTOR, CITY agrees to pay CONTRACTOR the amounts set forth in Exhibit “D” (“Payment Schedule”). In no event however shall the total compensation paid to CONTRACTOR exceed $675,348.

3. Payment Schedule. Exhibit “D”, entitled “Payment Schedule” shall be amended to add the following section to the end of the exhibit:

Agenda Item No. 7.2 Agenda Packet Page No. 40 of 447
2024 Season
Management Fee. CITY shall compensate CONTRACTOR based on formula noted in the Agreement. With the 2023 management fee of $183,575, the 2024 management fee will be the 2023 amount plus a 2.6% increase ($4,772.95) based on the percentage increase between December 2022 and December 2023 in the Consumer Price Index for all Urban Consumers, San Francisco – Oakland – San Jose Metropolitan Area, as published by the U.S. Department of Labor (“CPI”). The total management fee in 2024 will be $188,347.95.

Slide and Play Structure Insurance Payment. CITY shall reimburse CONTRACTOR for additional insurance coverage of the activity pool’s play structure and four waterslides. The cost of the insurance is $61,580.09 for the 2024 pool season. CONTRACTOR shall invoice the CITY for its actual insurance premium costs for this insurance, and provide evidence of amount and payment by CONTRACTOR that is satisfactory to CITY in its sole and absolute discretion. Upon receipt of a sufficient invoice with evidence, CITY then shall then reimburse CONTRACTOR for the actual costs, up to an amount not to exceed $62,000.00 within thirty (30) days of such invoice being determined to be sufficient.

4. Counterparts. This Amendment may be executed in one or more facsimile or original counterparts, each of which shall be deemed an original and both of which together shall constitute one and the same instrument.

5. Ratification. Except as expressly modified herein, all of the provisions of the Agreement shall remain in full force and effect. In the case of any inconsistencies between the Agreement and this Third Amendment, the terms of this Third Amendment shall control.

6. Authorization. Each party executing this Amendment represents and warrants that it is duly authorized to cause this Amendment to be executed and delivered.

IN WITNESS WHEREOF, the parties execute this Amendment as of the date first written above.

CONTRACTOR: CITY:

SWIMMING SWAN, LLC. CITY OF GILROY
a municipal corporation
By: _________________________________ By: _________________________________ Melissa Swanson
President
Jimmy Forbis
City Administrator
Approved as to Form ATTEST:

By: _________________________________ By: _________________________________ City Attorney City Clerk
Agenda Item No. 7.2 Agenda Packet Page No. 41 of 447
Agenda Item No. 7.2 Agenda Packet Page No. 42 of 447
City of Gilroy
Agreement/ Contract Tracking
Today’ s Date: June 16, 2023 Your Name: Bryce Atkins
Contract
Type:

Services over $5k - Contractor -

NO ENG OR DESIGN
Phone Number: ( 408)846- 0210
Contract Effective Date:

Date contract goes into effect)
2/ 28/ 2023
Contract Expiration Date: 2/ 29/ 2024
Contractor / Consultant Name:
if an individual’ s name, format as
last name, first name)
Swimming Swan
Contract Subject:
no more than 100 characters)
Second Amendment - Pool Operator Contract
Contract Amount:

Total Amount of contract. If no
amount, leave blank)
425000
By submitting this form, I confirm
this information is complete:

Date of Contract
Contractor/ Consultant name and complete address
Terms of the agreement ( start date, completion date or “ until project completion”, cap of compensation to be paid)
Scope of Services, Terms of Payment, Milestone Schedule and exhibit( s) attached
Taxpayer ID or Social Security # and Contractors License # if applicable
Contractor/ Consultant signer’ s name and title
City Administrator or Department Head Name, City Clerk
Attest), City Attorney ( Approved as to Form)
Routing Steps for Electronic Signature
Risk Manager
City Attorney Approval As to Form
City Administrator or Department Head
City Clerk Attestation
DocuSign Envelope ID: 5E940F8A- 48C6-4D5D- BDB5- 4058F0741BCB Agenda Item No. 7.2 Agenda Packet Page No. 43 of 447

TYPE OF

PROCURMENT

DOLLAR THRESHOLD / SIGNING AUTHORITY

STAFF LEVEL DEPARTMENT HEAD CITY ADMINISTRATOR COUNCIL APPROVAL 0-$999.99 $ 1,000-$49,999.99 $ 50,000-$99,999.99 $ 100,000-Above

EQUIPMENT

SUPPLIES/

MATERIALS
Furniture, hoses,
parts, pipe
manholes, office
supplies, fuel, tools,
PPE items, etc…
Vendor selection at
discretion of staff
Payment Method
Purchase Card or
Payment Request (if
vendor does not accept
credit cards)
Informal
bid/ quotation –
3 quotes ( verbal
or written)
Purchasing
Summary form
w/ Purchasing
Approval
Purchase
Requisition
Payment Method
Purchase Order*
Informal
bid/ quotation –
3 written quotes
Purchasing
Summary form w/
City Administrator
Approval
Purchase
Requisition
Payment Method
Purchase Order
Formal Bid
Advertisement
Council Approval
Purchase
Requisition signed
by City
Administrator
Payment Method
Purchase Order

GENERAL SERVICES
Janitorial, landscape
maintenance,
equipment repair,
installation, graffiti
abatement, service
inspections,
uniform cleaning,
etc…
Vendor selection at
discretion of staff
May require insurance
documents depending
on scope/ nature of
work
Payment Method
Purchase Card (if
incorporated)
Signed Payment Request ( if sole
proprietor or partner)
Informal
bid/ quotation –
3 quotes (verbal
or written)
Purchasing
Summary form
w/ Department
Head Approval
Standard
Agreement
Purchase
Requisition
Payment Method
Purchase Order*
Informal Bid/ RFP
quotation – 3
written quotes
Purchasing
Summary form w/
City Administrator
Approval
Standard
Agreement
Purchase
Requisition
Payment Method
Purchase Order
Formal
Bid/ RFP/ RFQ
Advertisement
Council Approval
Standard
Agreement
Purchase
Requisition
Payment Method
Purchase Order

PROFESSIONAL

SERVICES
Consultants,
architects,
designers, auditors,
etc...

Vendor selection at the
discretion of staff
Purchase Summary
Form w/ Purchasing
Approval
Standard Agreement
signed by Department
Head
Purchase Requisition
Payment Method
Purchase Order
RFP/ RFQ to at
least 3
consultants
Purchase
Summary Form
w/ Department
Head Approval
Standard
Agreement
Purchase
Requisition
Payment Method
Purchase Order
RFP/ RFQ to a list
of consultants
Evaluation
Spreadsheet w/
City Administrator
Approval
Standard
Agreement
Purchase
Requisition
Payment Method
Purchase Order
Formal RFP/ RFQ
Advertisement
Council Approval
Standard
Agreement signed
by City
Administrator
Purchase
Requisition
Payment Method
Purchase Order
DocuSign Envelope ID: 5E940F8A- 48C6-4D5D- BDB5- 4058F0741BCB Agenda Item No. 7.2 Agenda Packet Page No. 44 of 447

SECOND AMENDMENT TO THE AGREEMENT FOR SERVICES BETWEEN THE

CITY OF GILROY AND SWIMMING SWAN LLC
THIS SECOND AMENDMENT TO THE AGREEMENT ( this “ Second Amendment”), by and among the CITY OF GILROY, a California municipal corporation (“ CITY ”), and Swimming Swan, LLC., a California Limited Liability Corporation (“ CONTRACTOR”), is entered into as of July 10, 2023. Capitalized terms not otherwise defined herein shall have the meanings ascribed to them in that certain Agreement for Services, effective February 8, 2022 ( the Original Agreement”), by and between the CITY and CONTRACTOR, as amended by that certain First Amendment to the Agreement with the effective date of June 6, 2022 the “ First Amendment”), and collectively referred to as the “ Agreement”.

RECITALS
WHEREAS, the CITY and CONTRACTOR entered into the Agreement, whereby the CONTRACTOR provides for the operation of the Christopher High School Aquatics Center, including administration and reporting; and
WHEREAS, the First Amendment removed the operation of the Activity Pool’ s play structure and its four waterslides in the Scope of Services Section B(1) due to the CONTRACTOR not having insurance for the operation of those features; and WHEREAS, CITY and CONTRACTOR have negotiated and desires to open the play structure and the water slides, subject to the terms and conditions stated herein.

NOW, THEREFORE, FOR GOOD AND VALUABLE CONSIDERATION, THE

RECEIPT AND SUFFICIENCY OF WHICH ARE HEREBY ACKNOWLEDGED, THE PARTIES AGREE TO AS FOLLOWS:

1. Incorporation of Recitals. The foregoing recitals are agreed to, accepted and incorporated herein by reference.

2. Compensation. Article 4A, entitled “ Consideration”, is hereby amended to correct through reduction the not-to-exceed compensation amount, which shall read as follows:

In consideration for the services to be performed by CONTRACTOR, CITY agrees to pay CONTRACTOR the amounts set forth in Exhibit “ D” (“ Payment Schedule”). In no event however shall the total compensation paid to CONTRACTOR exceed Four Hundred Twenty- Five Thousand Dollars ($ 425,000.00).

3. Scope of Work. Exhibit “ B”, entitled “ Scope of Work”, Section B(1), as previously amended by the First Amendment, shall now be amended to read as follows:

1. Facility: The CONTRACTOR shall operate the facility commonly known as the Christopher High School Aquatics Center (“ CHS Aquatics Center”), which consists of two pools: the activity pool with a play structure and four waterslides and a 50-meter competition pool with two diving boards ( all diving boards are closed and not available for any use at any time as CONTRACTOR does not have insurance for this feature). The DocuSign Envelope ID: 5E940F8A- 48C6-4D5D- BDB5- 4058F0741BCB Agenda Item No. 7.2 Agenda Packet Page No. 45 of 447
facility also includes outdoor showers, a men’ s bathroom, a women’ s bathroom, lifeguard office, concrete pool decks with shade structures and picnic tables, bleachers, storage closet, storage shed, a triage room and an adjoining office with a ticket window. Pool maintenance is handled by Gilroy Unified School District staff (“ GUSD”) and they have sole access to the pump room.

4. Payment Schedule. Exhibit “ D”, entitled “ Payment Schedule” shall be amended to add the following section to the end of the exhibit:

Slide and Play Structure Insurance Payment. CITY shall reimburse CONTRACTOR for additional insurance coverage of the activity pool’ s play structure and four waterslides. The cost of the insurance is $64,813 for the 2023 pool season. CONTRACTOR shall invoice the CITY for its actual insurance premium costs for this insurance, and provide evidence of amount and payment by CONTRACTOR that is satisfactory to CITY in its sole and absolute discretion. Upon receipt of a sufficient invoice with evidence, CITY then shall then reimburse CONTRACTOR for the actual costs, up to an amount not to exceed 64,813, within thirty (30) days of such invoice being determined to be sufficient.

5. Counterparts. This Amendment may be executed in one or more facsimile or original counterparts, each of which shall be deemed an original and both of which together shall constitute one and the same instrument.

6. Ratification. Except as expressly modified herein, all of the provisions of the Agreement shall remain in full force and effect. In the case of any inconsistencies between the Agreement and this Second Amendment, the terms of this Second Amendment shall control.

7. Authorization. Each party executing this Amendment represents and warrants that it is duly authorized to cause this Amendment to be executed and delivered.

IN WITNESS WHEREOF, the parties execute this Amendment as of the date first written above.

CONTRACTOR: CITY:

SWIMMING SWAN, LLC. CITY OF GILROY
a municipal corporation
By: _________________________________ By: _________________________________ Melissa Swanson
President
LeeAnn McPhillips
Acting City Administrator
Approved as to Form ATTEST:

By: _________________________________ By: _________________________________ City Attorney City Clerk
DocuSign Envelope ID: 5E940F8A- 48C6-4D5D- BDB5- 4058F0741BCB Agenda Item No. 7.2 Agenda Packet Page No. 46 of 447
DocuSign Envelope ID: 5E940F8A- 48C6-4D5D- BDB5- 4058F0741BCB Agenda Item No. 7.2 Agenda Packet Page No. 47 of 447
HSIC Jacket-Policy A (07/21)

COMMERCIAL LINES POLICY
A Stock Company
800 Gessner Rd, Suite 600
Houston, TX 77024
Phone: 800- 645-7707
IN WITNESS WHEREOF, we have caused this policy to be executed and attested, and, if required by state law, this policy shall not be valid unless countersigned by our authorized representative.

Mark Haushill Leslie K. Shaunty
DocuSign Envelope ID: 5E940F8A- 48C6-4D5D- BDB5- 4058F0741BCB Agenda Item No. 7.2 Agenda Packet Page No. 48 of 447
DS PN Annual 02-22
Your Privacy Rights
This booklet describes how Imperium Insurance Company ( IIC), Houston Specialty Insurance Company (HSIC), Great Midwest Insurance Company (GMIC) use private information about our customers, the limits on our use, how we protect our customers’ privacy, and how our customers can restrict the distribution of information about themselves.

Imperium Insurance Company
Houston Specialty Insurance Company
Great Midwest Insurance Company
DocuSign Envelope ID: 5E940F8A- 48C6-4D5D- BDB5- 4058F0741BCB Agenda Item No. 7.2 Agenda Packet Page No. 49 of 447
DS PN Annual 02-22
To our customers:

Safeguarding the privacy of your financial and personal information has always been extremely important to us.

This pamphlet consists of five separate sections concerning our commitment to protecting your privacy:

1. Customer Privacy Policy Statement – Contains a description of IIC, HSIC, and GMIC general customer privacy policy

2. Notice of Information Practices – Provides disclosures required under federal laws

3. Privacy Disclosure Statement – Offers you the opportunity to notify us if you do not want IIC, HSIC, and GMIC to share basic information about you.

4. Information We May Disclose To Others

5. Access to and Correction of Your Information
Please let us know if you have any questions or comments.

Customer Privacy Policy Statement
IIC. HSIC, and GMIC recognize that a fundamental component of the insurer/insured relationship is a customer’ s trust that the insurer will respect the privacy and confidentiality of the customer’ s financial information and all aspects of the customer’ s insurance relationship.

IIC, HSIC, and GMIC have established the following policy to keep your information secure and confidential.

1. We shall recognize each customer’ s expectations of privacy by safeguarding information that you share with us. This commitment to privacy will be maintained regardless of whether information is received by mail, telephone, internet, or in person.

2. Information shall be collected and utilized only to the extent necessary to deliver insurance service to you and to offer products, services, and other opportunities that may be of interest to you.

3. We are dedicated to maintaining accurate customer records and shall strive to correct any inaccurate information in a timely manner. You may notify us at the toll-free telephone numbers and address listed at the end of this notice to correct any information.

4. IIC, HSIC, and GMIC limit access to your personal information to only those insurance company employees with a business reason for knowing such information. We educate all employees about the importance of confidentiality and customer privacy and have established policies on the proper use of customer information.

5. If we utilize other organizations to support our business, we will require them to abide by this privacy policy statement.

DocuSign Envelope ID: 5E940F8A- 48C6-4D5D- BDB5- 4058F0741BCB Agenda Item No. 7.2 Agenda Packet Page No. 50 of 447
DS PN Annual 02-22

6. We do not sell customer lists or financial information about our customers to any third party vendors. We may, however, allow select customer information to be shared with an affiliated company, under controlled conditions for the purpose of designing and marketing our products or company sponsored products with a company that has adopted a similar privacy policy to safeguard any personal customer information.

7. IIC, HSIC, and GMIC will provide you a choice as to whether your personal customer information will be shared with other organizations even for the limited purposes described above before your information is released to another organization for marketing purposes.

8. In order to conduct the business of insurance, customer information in our records is referenced relating to the issuance and servicing of coverage settling claims. IIC, HSIC, and GMIC conduct these insurance operations in accordance with the Fair Credit Reporting Act and information privacy laws as explained in our Notice of Information Practices.

9. This privacy policy will apply to both current and former customers of IIC, HSIC, and GMIC.

IIC, HSIC, and GMIC reserve the right to update and modify this statement at any time and will provide notice to you of such updates and modifications. IIC, HSIC, and GMIC will continue to monitor itself for compliance of its procedures to protect customer privacy.

Notice of Information Practices
Pursuant to 15 U.S.C § 1681 et seq. ( 1982)
The information you provide to us is important. We review it in our evaluation of your request for coverage and in determining rates. It may not be the only information about you or persons to be insured under your policy that we consider. In accordance with the Federal Fair Credit Reporting Act, we would like to briefly describe our practices as they relate to information gathered in connection with insurance transactions.

We may need additional information from you or other individuals proposed for coverage. Motor vehicle records, court record or other public records might be reviewed. A photo of any property to be insured might be taken. We may also obtain information from third parties, such as other insurance companies or a consumer reporting agency. A consumer report from such agency may contain information such as credit worthiness, credit standing, credit capacity, character, general reputation, hobbies, occupation, personal characteristics, or mode of living. An investigative consumer report containing the same type of information may be obtained through personal interviews with neighbors, friends, associates, acquaintances, or others who may have knowledge concerning those items of information.

DocuSign Envelope ID: 5E940F8A- 48C6-4D5D- BDB5- 4058F0741BCB Agenda Item No. 7.2 Agenda Packet Page No. 51 of 447
DS PN Annual 02-22
If coverage is declined or the charge for coverage is increased either wholly or partly because of information contained in a consumer report, we will tell you. We will also give you the name and address of the consumer reporting agency making the report.

It is possible that an investigative consumer report may be made. Within a reasonable time after receiving this notice of our information practices, you have the right to file a written request for and promptly receive a written disclosure as to the nature and scope of the investigation. You also will have the right to ask to be personally interviewed. Information you give during the interview will be included in the report sent to us. Upon written request and identification, you have the right to receive a copy of your investigative consumer report. Information gathered about you by the agency in making a consumer report or investigative consumer report may be kept by the agency and provided to others to the extent allowed by law.

Information about you in our records may be kept and may be referred to for purposes relating to the issuance and servicing of coverage and settling claims. We will not disclose information about you to others without your written consent unless the disclosure is necessary to conduct our business. The law permits us to share information about you without your prior consent under circumstances.

Examples of these include disclosures to:

Parties who perform a business, professional or insurance function for our company, including companies from which we purchase reinsurance coverage; Adjusters, appraisers, investigators and attorneys who need the information to investigate, defend or settle a claim involving you;
Businesses that help us with data processing or marketing; Businesses that conduct scientific research, including actuarial or underwriting studies;
Other insurance companies, agents, or consumer reporting agencies as reasonably necessary in connection with any application, policy, or claim involving you; Insurance support organizations which are established to collect information for the purpose of detecting and preventing insurance crimes or fraudulent claims; Medical care institutions or medical professionals to verify coverage or conduct an audit of services;
State Insurance Departments in connection with the regulation of our business; Law enforcement or other governmental authorities to protect our legal interests or in cases of suspected fraud or illegal activities;
DocuSign Envelope ID: 5E940F8A- 48C6-4D5D- BDB5- 4058F0741BCB Agenda Item No. 7.2 Agenda Packet Page No. 52 of 447
DS PN Annual 02-22
Authorized persons as ordered by a subpoena, warrant, or other court order or as required by law;
Certificate holders or policyholders for the purpose of providing information regarding the status of an insurance transaction; or
Lien holders, mortgagees, assignees, lessors, or other persons shown on our records as having a legal or beneficial interest in your policy You have the right to know what kind of information we keep about you in our files, the right to reasonable access to this information, and the right to receive a copy of this information. Write to us if you have questions about the information we may have on file about you. Tell us what information you would like to receive. Provide your complete name, address, date of birth, type of policy held or applied for, and all numbers of any policies issued to you by us. Certain types of information generally collected when evaluating claims or possible lawsuits needed may not be disclosed to you.

Within thirty (30) business days of receipt of your request, we will inform you in writing of the nature and substance of locatable and retrievable recorded personal information about you in our files. You may review this information in person or receive a copy for reasonable charge. We will also identify the persons or organizations to which we have disclosed your information to within the past two ( 2) years. In addition, you will be given the name and address of any consumer reporting agency which prepared a report about you so that you can contact them for a copy.

After you have reviewed your personal information about in our file, you can write to us if you believe it should be corrected, amended, or deleted. Tell us what you think is wrong and why.

We will consider your request and within thirty (30) business days from the date of receipt of your written request, either change our files or tell you that we did not and the reason. If we do not make the changes, you will have the right to insert in our file a concise statement containing what you believe to be the correct, relevant or fair information and explaining why you believe the information on the file to be improper. We will notify persons designated by you to whom we have previously disclosed the information of the change on your statement. Subsequent disclosures we make will also be included in your statement.

Correspondence about this notice or requests for information in accordance with your rights under the law should be directed to the appropriate company in the Skyward Specialty Insurance at the address listed on the last page of the pamphlet.

Information We May Disclose To Third Parties. We do not sell customer information or medical information to anyone. Nor do we share it with companies or organizations outside of our group of affiliated companies that would use that information to contact you about their own products and services. Should that practice ever change, we would offer the ability to prohibit this type of information sharing and / or a reasonable time for the opportunity to opt out of this type of information sharing before the change in our practice took place.

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DS PN Annual 02-22
We may, without authorization, but only as permitted or required by law, provide customer information to persons or organizations both inside and outside of IIC, HSIC, and GMIC in order to fulfill a transaction requested, service policies, market our products, investigate and/ or handle claims, detect and/or prevent fraud, participate in insurance support organizations, or comply with lawful requests from regulatory and law enforcement authorities. These include, for example: affiliated companies, claims adjusters, medical providers, and program managers.

Access to and Correction of Your Information. You may write to us if you have any questions about the information that we may have in our records about you. If you wish, you may inspect this information in person or receive a copy at a reasonable charge by sending us a written request. You can notify us in writing if you believe any information should be corrected, amended, or deleted and we will review your request. We will either make the requested or explain why we did not do so. If we do not make the requested change, you may submit a short written statement identifying the disputed information, which will be included in all future disclosures of your information.

You may send your written request regarding IIC, HSIC, and GMIC to :

Skyward Specialty Insurance
Attn: Compliance Department
800 Gessner, Suite 600
Houston Texas 77024
All written requests must include your name, address, telephone number, and a photocopy of a picture ID for identification purposes.

You may contact IIC, HSIC, and GMIC at the following numbers:

Local phone # Toll free # FAX #
GMIC 713-973-0226 800-829-8165 713-935-7424
HSIC 713-935-4820 855-935-HSIC (4742) 713-935-4821
IIC 713-935-4830 800-203-1179 713-935-4831
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HSIC IL ES PN 002 01 23
HSIC IL ES PN 002 01 23| 800 Gessner Road, Suite 600, Houston, TX 77024 | skywardinsurance. com

HOW TO REPORT A CLAIM
All claims should be reported as soon as practicable after the loss. Claims may be reported by any of the following options 24 hours a day, 7 days a week.

PROPERTY & CASUALTY CLAIMS
To report any injury ( non-work related), auto or trucking accident, or any type of property damage:

By Phone: (888)-321-0714
By Email: claims@skywardinsurance. com

INFORMATION TO INCLUDE WHEN SUBMITTING A CLAIM
o Policy Number and/or Claims Number in all communication with us. o Policyholder contact Information – Name, Phone Number, Address, Email o Agent contact information - Name, Phone Number, Address, Email o Date of Loss
o Cause of Loss
o Detailed description of loss and damage( s)
o Provide us with a copy of any suit, demand for arbitration or mediation, claims letter or similar notice.
o Send copies of any internal reports related to the loss. o Send copies of any police and/or fire department reports.

PRESERVE AND SAFEGUARD
No unauthorized parties should be allowed access to the loss site.

Temporary board up, if necessary.

Temporary Perimeter fencing, if necessary.

Retention of any and all evidence.
o If it is necessary to make immediate repairs prior to inspection it is crucial that any and all parts ( repaired or replaced) be retained and safeguarded along with a copy of the accompanying invoice.

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PN SUR CA 001 05 22
PN SUR CA 001 05 22
IMPORTANT NOTICE:

1. The insurance policy that you have purchased is being issued by an insurer that is not licensed by the State of California. These companies are called “ nonadmitted” or surplus line” insurers.

2. The insurer is not subject to the financial solvency regulation and enforcement that apply to California
licensed insurers.

3. The insurer does not participate in any of the insurance guarantee funds created by California law. Therefore,
these funds will not pay your claims or protect your assets if the insurer becomes insolvent and is unable to make
payments as promised.

4. The insurer should be licensed either as a foreign insurer in another state in the United States or as a non-United States (alien) insurer. You should ask questions of your insurance agent, broker, or “ surplus lines” broker or
contact the California Department of Insurance at the tollfree number: 1-800-927-4357 or internet website www.insurance. ca.gov. Ask whether or not the insurer is licensed as a foreign or non-United States (alien) insurer and for additional information about the insurer. You may also contact the NAIC’ s internet website at www.naic.org.

The NAIC—the National Association of Insurance
Commissioners— is the regulatory support organization
created and governed by the chief insurance regulators in the United States.

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PN SUR CA 001 05 22
PN SUR CA 001 05 22

5. Foreign insurers should be licensed by a state in the United States and you may contact that state’ s department of insurance to obtain more information about that insurer.

You can find a link to each state from this NAIC internet website: https://naic.org/state_web_map.htm

6. For non-United States ( alien) insurers, the insurer should be licensed by a country outside of the United States and should be on the NAIC’ s International Insurers Department IID) listing of approved nonadmitted non-United States
insurers. Ask your agent, broker, or “ surplus lines” broker to obtain more information about that insurer.

7. California maintains a “ List of Approved Surplus Lines Insurers (LASLI).” Ask your agent or broker if the insurer is on that list, or view that list at the internet website of the California department of insurance:
www.insurance. ca.gov./01-consumers/ 120-company/ 07-
lasli/lasli.cfm.

8. If you, as the applicant, required that the insurance policy you have purchased be effective immediately, either
because existing coverage was going to lapse within two business days or because you were required to have
coverage within two business days, and you did not
receive this disclosure form and a request for your
signature until after coverage became effective, you have the right to cancel this policy within five days of receiving this disclosure. If you cancel coverage, the premium will be prorated and any broker’ s fee charged for this
insurance will be returned to you.

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HSIC PN ES 00 01 10 20
HSIC PN ES 00 01 10 20 Page 1 of 1

CALIFORNIA SHORT RATE CANCELLATION PENALTY

DISCLOSURE
This Notice is to advise you that you may incur a penalty if you cancel your policy prior to the expiration date.

If you cancel the policy for which you are applying prior to the expiration date, a 10% penalty will be applied to any remaining unearned premium, subject to any minimum earned premium endorsement that may be applicable to your policy.

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HSIC EX DS 01 10 12 Includes copyrighted material of Insurance Services Office, Inc., with its permission.

POLICY NUMBER: ESB-HS-CX-0000172- 00 COMMERCIAL EXCESS LIABILITY HSIC EX DS 01 10 12

COMMERCIAL EXCESS LIABILITY DECLARATIONS
Company Name:

Houston Specialty Insurance Company
800 Gessner Drive, Suite 600
Houston, Texas 77024
Toll Free: 800-203-1179
Producer Name: RT Specialty
Named Insured(s): The Swimming Swan, LLC; Melissa Swanson Mailing Address: 903 Paseo Del Lago Fallbrook, CA 92028 Policy Period: From: 5/26/2023 To: 5/26/2024
At 12:01 AM (Standard Time at your mailing address shown above)

IN RETURN FOR THE PAYMENT OF THE PREMIUM, AND SUBJECT TO ALL THE TERMS OF THIS POLICY, WE AGREE TO PROVIDE YOU WITH THE INSURANCE AS STATED IN THIS POLICY.

Excess Policy – Limits Of Insurance Each
Occurrence Limit $ 5,000,000
Aggregate Limit $ 5,000,000
Excess Policy – Premium
Premium (including premium subject to audit)$ 17,000.00 Surplus Lines Tax 510.00
Stamping Fee 30.60
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HSIC EX DS 01 10 12 Includes copyrighted material of Insurance Services Office, Inc., with its permission.

Endorsements Attached To The Excess Policy
See Schedule of Forms and Endorsements ( FORMS-SCHED 08 12) Underlying Coverages
Coverage / Carrier Policy Period Limits / Attachment

COMMERCIAL GENERAL LIABILITY
Houston Specialty Insurance Company
ESB-HS-GL-0001096- 00
05/26/23 - 05/26/24 $ 1,000,000 EACH OCCURRENCE
2,000,000 GENERAL AGGREGATE
Included PRODUCTS OPS AGGREGATE
1,000,000 PERSONAL ADVERTISING
INJURY
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00Policy Number: ESB- HS-CX- 0000172-

SCHEDULE OF FORMS AND ENDORSEMENTS
SwansonNamed Insured: The Swimming Swan, LLC; Melissa 05/26/2023 12:01 A.M., Standard Time
Effective Date:

Agency Name: HIIG E&S Brokerage
Form Number Edition Date Title
HSIC JACKET- POLICY A (07-
2021)
HSIC JACKET- POLICY A (07-2021)
DS PN Annual ( 02-2022) SKYWARD PRIVACY NOTICE
HSIC IL ES PN 002 01 23 HOW TO REPORT A CLAIM
PN SUR CA 001 05 22 CALIFORNIA POLICYHOLDER NOTICE
HSIC PN ES 00 01 10 20 CALIFORNIA SHORT RATE CANCELLATION PENALTY DISCLOSURE HSIC EX DS 01 10 12 COMMERCIAL EXCESS LIABILITY DECLARATIONS FORMS - SCHED 08 12 SCHEDULE OF FORMS AND ENDORSEMENTS
CX 00 01 04 13 COMMERCIAL EXCESS LIABILITY COVERAGE FORM CX 21 01 09 08 NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT ( BROAD FORM) CX 21 02 04 13 TOTAL POLLUTION EXCLUSION
CX 21 11 04 13 EXCLUSION - ABUSE OR MOLESTATION
CX 21 12 04 13 EXCLUSION - DESIGNATED ONGOING OPERATIONS CX 21 13 04 13 EXCLUSION - FUNGI OR BACTERIA
CX 21 16 04 13 EXCLUSION - SILICA OR SILICA- RELATED DUST CX 21 17 04 13 EXCLUSION - COMMUNICABLE DISEASE
CX 21 19 04 13 EXCLUSION - EMPLOYMENT- RELATED PRACTICES CX 21 33 01 15 EXCLUSION OF CERTIFIED ACTS OF TERRORISM CX 21 71 06 15 EXCLUSION - UNMANNED AIRCRAFT
SOS HSIC CW 09 13 CW SERVICE OF SUIT CLAUSE
HSIC CX ES 01 19 04 21 EXCLUSION - INJURY TO INDEPENDENT CONTRACTORS OR THEIR EMPLOYEES HSIC CX ES 01 20 04 21 EXCLUSION - INTELLECTUAL PROPERTY HSIC CX ES 01 23 04 21 EXCLUSION - PUNITIVE DAMAGES
HSIC CX ES 01 44 04 21 EXCLUSION - ASSAULT OR BATTERY
HSIC CX ES 01 55 04 21 CARE, CUSTODY OR CONTROL EXCLUSION HSIC CX ES 01 61 04 21 ELECTRONIC DATA CYBER EXCLUSION
HSIC CX ES 01 67 04 21 EXCLUSION - PROFESSIONAL SERVICES HSIC CX ES 01 68 04 21 EXCLUSION - RECORDING AND DISTRIBUTION OF MATERIAL OR INFORMATION IN

VIOLATION OF LAW
HSIC CX ES 01 71 04 21 AUTO LIABILITY EXCLUSION
HSIC CX ES 01 80 04 21 EXCLUSION OF COVERAGE SUBJECT TO SUBLIMITS OR OTHER REDUCED LIMITS IN

UNDERLYING INSURANCE
HSIC CX ES 01 88 04 21 UNIMPAIRED RETAINED LIMIT
HSIC CX ES 02 06 12 21 MINIMUM AND DEPOSIT PREMIUM ENDORSEMENT HSIC CX ES 02 13 07 22 LIQUOR LIABILITY EXCLUSION
HSIC CX ES 02 14 08 22 EXCLUSION - PERFLUOROALKYL AND POLYFLUOROALKYL SUBSTANCES HSIC CX ES 02 17 12 22 FIREARMS EXCLUSION
FORMS - SCHED 08 12 Page 1 of 1
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COMMERCIAL EXCESS LIABILITY
CX 00 01 04 13
CX 00 01 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 5

COMMERCIAL EXCESS LIABILITY COVERAGE FORM
Various provisions in this policy restrict coverage.

Read the entire policy carefully to determine rights,
duties and what is and is not covered.

Throughout this policy the words " you" and " your"
refer to the Named Insured shown in the Declarations,
and any other person or organization qualifying as a
Named Insured under this policy. The words " we",
us" and " our" refer to the company providing this
insurance. The word "insured" means any person or
organization qualifying as such under the " controlling underlying insurance".

Other words and phrases that appear in quotation
marks in this Coverage Part have special meaning.

Refer to Section IV – Definitions. Other words and
phrases that are not defined under this Coverage Part
but defined in the " controlling underlying insurance"
will have the meaning described in the policy of
controlling underlying insurance".

The insurance provided under this Coverage Part will
follow the same provisions, exclusions and limitations
that are contained in the applicable " controlling
underlying insurance", unless otherwise directed by
this insurance. To the extent such provisions differ or conflict, the provisions of this Coverage Part will
apply. However, the coverage provided under this
Coverage Part will not be broader than that provided
by the applicable " controlling underlying insurance".

There may be more than one " controlling underlying
insurance" listed in the Declarations and provisions in those policies conflict, and which are not superseded
by the provisions of this Coverage Part. In such a
case, the provisions, exclusions and limitations of the controlling underlying insurance" applicable to the
particular " event" for which a claim is made or suit is brought will apply.

SECTION I – COVERAGES

1. Insuring Agreement
a. We will pay on behalf of the insured the
ultimate net loss" in excess of the " retained
limit" because of " injury or damage" to which
insurance provided under this Coverage Part
applies.

We will have the right and duty to defend the
insured against any suit seeking damages for
such " injury or damage" when the applicable
limits of "controlling underlying insurance" have
been exhausted in accordance with the
provisions of such " controlling underlying
insurance".

When we have no duty to defend, we will have
the right to defend, or to participate in the
defense of, the insured against any other suit
seeking damages for "injury or damage".

However, we will have no duty to defend the
insured against any suit seeking damages for
which insurance under this policy does not
apply.

At our discretion, we may investigate any
event" that may involve this insurance and
settle any resultant claim or suit, for which we
have the duty to defend.

But:
1) The amount we will pay for " ultimate net
loss" is limited as described in Section II –
Limits Of Insurance; and
2) Our right and duty to defend ends when we
have used up the applicable limit of
insurance in the payment of judgments or
settlements under this Coverage Part.

However, if the policy of " controlling
underlying insurance" specifies that limits
are reduced by defense expenses, our right
and duty to defend ends when we have
used up the applicable limit of insurance in
the payment of defense expenses,
judgments or settlements under this
Coverage Part.
b. This insurance applies to " injury or damage"
that is subject to an applicable " retained limit".

If any other limit, such as, a sublimit, is
specified in the " controlling underlying
insurance", this insurance does not apply to
injury or damage" arising out of that exposure
unless that limit is specified in the Declarations
under the Schedule of " controlling underlying
insurance".
c. If the " controlling underlying insurance"
requires, for a particular claim, that the "injury
or damage" occur during its policy period in
order for that coverage to apply, then this
insurance will only apply to that " injury or
damage" if it occurs during the policy period of
this Coverage Part. If the " controlling
underlying insurance" requires that the "event"
causing the particular " injury or damage" takes
place during its policy period in order for that
coverage to apply, then this insurance will
apply to the claim only if the " event" causing
that "injury or damage" takes place during the
policy period of this Coverage Part.

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d. Any additional insured under any policy of
controlling underlying insurance" will
automatically be an additional insured under
this insurance. If coverage provided to the
additional insured is required by a contract or
agreement, the most we will pay on behalf of
the additional insured is the amount of
insurance required by the contract, less any
amounts payable by any "controlling underlying
insurance".

Additional insured coverage provided by this
insurance will not be broader than coverage
provided by the " controlling underlying
insurance".

2. Exclusions
The following exclusions, and any other exclusions
added by endorsement, apply to this Coverage
Part. In addition, the exclusions applicable to any
controlling underlying insurance" apply to this
insurance unless superseded by the following
exclusions, or superseded by any other exclusions
added by endorsement to this Coverage Part.

Insurance provided under this Coverage Part does
not apply to:
a. Medical Payments
Medical payments coverage or expenses that
are provided without regard to fault, whether or
not provided by the applicable " controlling
underlying insurance".
b. Auto
Any loss, cost or expense payable under or
resulting from any of the following auto
coverages:
1) First-party physical damage coverage;
2) No-fault coverage;
3) Personal injury protection or auto medical
payments coverage; or
4) Uninsured or underinsured motorists
coverage.
c. Pollution
1) " Injury or damage" which would not have
occurred, in whole or in part, but for the
actual, alleged or threatened discharge,
dispersal, seepage, migration, release or
escape of pollutants at any time.
2) Any loss, cost or expense arising out of
any:
a) Request, demand, order or statutory or
regulatory requirement that any insured
or others test for, monitor, clean up,
remove, contain, treat, detoxify or
neutralize, or in any way respond to, or
assess the effects of, pollutants; or
b) Claim or suit by or on behalf of a
governmental authority for damages
because of testing for, monitoring,
cleaning up, removing, containing,
treating, detoxifying or neutralizing, or in
any way responding to, or assessing the
effects of, pollutants.

This exclusion does not apply to the extent that
valid " controlling underlying insurance" for the
pollution liability risks described above exists or
would have existed but for the exhaustion of
underlying limits for "injury or damage".
d. Workers' Compensation And Similar Laws
Any obligation of the insured under a workers'
compensation, disability benefits or
unemployment compensation law or any
similar law.

SECTION II – LIMITS OF INSURANCE

1. The Limits of Insurance shown in the Declarations,
and the rules below fix the most we will pay
regardless of the number of:
a. Insureds;
b. Claims made or suits brought, or number of
vehicles involved;
c. Persons or organizations making claims or
bringing suits; or
d. Limits available under any " controlling
underlying insurance".

2. The Limits of Insurance of this Coverage Part will
apply as follows:
a. This insurance only applies in excess of the
retained limit".
b. The Aggregate Limit is the most we will pay for
the sum of all "ultimate net loss", for all "injury
or damage" covered under this Coverage Part.

However, this Aggregate Limit only applies to
injury or damage" that is subject to an
aggregate limit of insurance under the
controlling underlying insurance".
c. Subject to Paragraph 2.b. above, the Each
Occurrence Limit is the most we will pay for the
sum of all " ultimate net loss" under this
insurance because of all " injury or damage"
arising out of any one "event".
d. If the Limits of Insurance of the " controlling
underlying insurance" are reduced by defense
expenses by the terms of that policy, any
payments for defense expenses we make will
reduce our applicable Limits of Insurance in the
same manner.

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3. If any " controlling underlying insurance" has a
policy period that is different from the policy period
of this Coverage Part then, for the purposes of this
insurance, the "retained limit" will only be reduced
or exhausted by payments made for " injury or
damage" covered under this insurance.

The Aggregate Limit of this Coverage Part applies
separately to each consecutive annual period of this
Coverage Part and to any remaining period of this
Coverage Part of less than 12 months, starting with
the beginning of the policy period shown in the
Declarations, unless the policy period is extended
after issuance for an additional period of less than 12 months. In that case, the additional period will be
deemed part of the last preceding period for purposes
of determining the Limits of Insurance.

SECTION III – CONDITIONS
The following conditions apply. In addition, the
conditions applicable to any " controlling underlying
insurance" are also applicable to the coverage
provided under this insurance unless superseded by
the following conditions.

1. Appeals
If the " controlling underlying insurer" or insured
elects not to appeal a judgment in excess of the
amount of the "retained limit", we may do so at our
own expense. We will also pay for taxable court
costs, pre- and postjudgment interest and
disbursements associated with such appeal. In no
event will this provision increase our liability
beyond the applicable Limits of Insurance
described in Section II – Limits Of Insurance.

2. Bankruptcy
a. Bankruptcy Of Insured
Bankruptcy or insolvency of the insured or of
the insured's estate will not relieve us of our
obligations under this Coverage Part.
b. Bankruptcy Of Controlling Underlying
Insurer
Bankruptcy or insolvency of the " controlling
underlying insurer" will not relieve us of our
obligations under this Coverage Part.

However, insurance provided under this Coverage
Part will not replace any " controlling underlying
insurance" in the event of bankruptcy or
insolvency of the " controlling underlying insurer".

The insurance provided under this Coverage Part
will apply as if the " controlling underlying
insurance" were in full effect and recoverable.

3. Duties In The Event Of An Event, Claim Or Suit
a. You must see to it that we are notified as soon
as practicable of an " event", regardless of the
amount, which may result in a claim under this
insurance. To the extent possible, notice
should include:
1) How, when and where the " event" took
place;
2) The names and addresses of any injured
persons and witnesses; and
3) The nature and location of any " injury or
damage" arising out of the "event".
b. If a claim is made or suit is brought against any
insured, you must:
1) Immediately record the specifics of the
claim or suit and the date received; and
2) Notify us as soon as practicable.

You must see to it that we receive written
notice of the claim or suit as soon as
practicable.
c. You and any other insured involved must:
1) Immediately send us copies of any
demands, notices, summonses or legal
papers received in connection with the
claim or suit;
2) Authorize us to obtain records and other
information;
3) Cooperate with us in the investigation or
settlement of the claim or defense against
the suit; and
4) Assist us, upon our request, in the
enforcement of any right against any
person or organization which may be liable
to the insured because of " injury or
damage" to which this insurance may also
apply.
d. No insured will, except at that insured's own
cost, voluntarily make a payment, assume any
obligation, or incur any expense, other than for
first aid, without our consent.

4. First Named Insured Duties
The first Named Insured is the person or
organization first named in the Declarations and is
responsible for the payment of all premiums. The
first Named Insured will act on behalf of all other
Named Insureds for giving and receiving of notice
of cancellation or the receipt of any return
premium that may become payable.

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At our request, the first Named Insured will furnish
us, as soon as practicable, with a complete copy
of any " controlling underlying insurance" and any
subsequently issued endorsements or policies
which may in any way affect the insurance
provided under this Coverage Part.

5. Cancellation
a. The first Named Insured shown in the
Declarations may cancel this policy by mailing
or delivering to us advance written notice of
cancellation.
b. We may cancel this policy by mailing or
delivering to the first Named Insured written
notice of cancellation at least:
1) 10 days before the effective date of
cancellation if we cancel for nonpayment of
premium; or
2) 30 days before the effective date of
cancellation if we cancel for any other
reason.
c. We will mail or deliver our notice to the first
Named Insured's last mailing address known to
us.
d. Notice of cancellation will state the effective
date of cancellation. The policy period will end
on that date.
e. If this policy is cancelled, we will send the first
Named Insured any premium refund due. If we
cancel, the refund will be pro rata. If the first
Named Insured cancels, the refund may be
less than pro rata. The cancellation will be
effective even if we have not made or offered a
refund.
f. If notice is mailed, proof of mailing will be
sufficient proof of notice.

6. Changes
This Coverage Part contains all the agreements
between you and us concerning the insurance
afforded. The first Named Insured is authorized by
all other insureds to make changes in the terms of
this Coverage Part with our consent. This
Coverage Part's terms can be amended or waived
only by endorsement.

7. Maintenance Of/Changes To Controlling
Underlying Insurance
Any " controlling underlying insurance" must be
maintained in full effect without reduction of
coverage or limits except for the reduction of
aggregate limits in accordance with the provisions
of such " controlling underlying insurance" that
results from " injury or damage" to which this
insurance applies.

Such exhaustion or reduction is not a failure to
maintain " controlling underlying insurance". Failure
to maintain " controlling underlying insurance" will
not invalidate insurance provided under this
Coverage Part, but insurance provided under this
Coverage Part will apply as if the " controlling
underlying insurance" were in full effect.

The first Named Insured must notify us in writing,
as soon as practicable, if any " controlling
underlying insurance" is cancelled, not renewed,
replaced or otherwise terminated, or if the limits or
scope of coverage of any " controlling underlying
insurance" is changed.

8. Other Insurance
a. This insurance is excess over, and shall not
contribute with any of the other insurance,
whether primary, excess, contingent or on any
other basis. This condition will not apply to
insurance specifically written as excess over
this Coverage Part.

When this insurance is excess, if no other
insurer defends, we may undertake to do so,
but we will be entitled to the insured's rights
against all those other insurers.
b. When this insurance is excess over other
insurance, we will pay only our share of the
ultimate net loss" that exceeds the sum of:
1) The total amount that all such other
insurance would pay for the loss in the
absence of the insurance provided under
this Coverage Part; and
2) The total of all deductible and self-insured
amounts under all that other insurance.

9. Premium Audit
a. We will compute all premiums for this
Coverage Part in accordance with our rules
and rates.
b. If this policy is auditable, the premium shown in
this Coverage Part as advance premium is a
deposit premium only. At the close of each
audit period, we will compute the earned
premium for that period and send notice to the
first Named Insured. The due date for audit
premium is the date shown as the due date on
the bill. If the sum of the advance and audit
premiums paid for the policy period is greater
than the earned premium, we will return the
excess to the first Named Insured.
c. The first Named Insured must keep records of
the information we need for premium
computation, and send us copies at such times
as we may request.

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CX 00 01 04 13 © Insurance Services Office, Inc., 2012 Page 5 of 5

10. Loss Payable
Liability under this Coverage Part does not apply
to a given claim unless and until:
a. The insured or insured's "controlling underlying
insurer" has become obligated to pay the
retained limit"; and
b. The obligation of the insured to pay the
ultimate net loss" in excess of the " retained
limit" has been determined by a final settlement
or judgment or written agreement among the
insured, claimant, " controlling underlying
insurer" ( or a representative of one or more of
these) and us.

11. Legal Action Against Us
No person or organization has a right under this
Coverage Part:
a. To join us as a party or otherwise bring us into
a suit asking for damages from an insured; or
b. To sue us on this Coverage Part unless all of
its terms have been fully complied with.

A person or organization may sue us to recover on
an agreed settlement or on a final judgment
against an insured; but we will not be liable for
damages that are not payable under the terms of
this Coverage Part or that are in excess of the
applicable limit of insurance. An agreed settlement
means a settlement and release of liability signed
by us, the insured, " controlling underlying insurer"
and the claimant or the claimant's legal
representative.

12. Transfer Of Defense
a. Defense Transferred To Us
When the limits of " controlling underlying
insurance" have been exhausted, in
accordance with the provisions of " controlling
underlying insurance", we may elect to have
the defense transferred to us. We will
cooperate in the transfer of control to us of any
outstanding claims or suits seeking damages
to which this insurance applies and which
would have been covered by the " controlling
underlying insurance" had the applicable limit
not been exhausted.
b. Defense Transferred By Us
When our limits of insurance have been
exhausted our duty to provide a defense will
cease.

We will cooperate in the transfer of control of
defense to any insurer specifically written as
excess over this Coverage Part of any
outstanding claims or suits seeking damages
to which this insurance applies and which
would have been covered by the " controlling
underlying insurance" had the applicable limit
not been exhausted.

In the event that there is no insurance written
as excess over this Coverage Part, we will
cooperate in the transfer of control to the
insured and its designated representative.

13. When We Do Not Renew
If we decide not to renew this Coverage Part, we
will mail or deliver to the first Named Insured
shown in the Declarations written notice of the
nonrenewal not less than 30 days before the
expiration date.

If notice is mailed, proof of mailing will be sufficient proof of notice.

SECTION IV – DEFINITIONS
The definitions applicable to any " controlling
underlying insurance" also apply to this insurance. In
addition, the following definitions apply.

1. " Controlling underlying insurance" means any
policy of insurance or self-insurance listed in the
Declarations under the Schedule of " controlling
underlying insurance".

2. " Controlling underlying insurer" means any insurer
who provides any policy of insurance listed in the
Declarations under the Schedule of " controlling
underlying insurance".

3. " Event" means an occurrence, offense, accident,
act, or other event, to which the applicable
controlling underlying insurance" applies.

4. " Injury or damage" means any injury or damage,
covered in the applicable " controlling underlying
insurance" arising from an "event".

5. " Retained limit" means the available limits of
controlling underlying insurance" applicable to the
claim.

6. " Ultimate net loss" means the total sum, after
reduction for recoveries, or salvages collectible,
that the insured becomes legally obligated to pay
as damages by reason of:
a. Settlements, judgments, binding arbitration; or
b. Other binding alternate dispute resolution
proceeding entered into with our consent.

Ultimate net loss" includes defense expenses if
the " controlling underlying insurance" specifies
that limits are reduced by defense expenses.

DocuSign Envelope ID: 5E940F8A- 48C6-4D5D- BDB5- 4058F0741BCB Agenda Item No. 7.2 Agenda Packet Page No. 66 of 447

COMMERCIAL EXCESS LIABILITY
CX 21 01 09 08
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

CX 21 01 09 08 © ISO Properties, Inc., 2007 Page 1 of 2

NUCLEAR ENERGY LIABILITY

EXCLUSION ENDORSEMENT

BROAD FORM)
This endorsement modifies insurance provided under the following:

COMMERCIAL EXCESS LIABILITY COVERAGE PART
The following exclusion is added to Paragraph 2.,
Exclusions:

2. Exclusions

NUCLEAR ENERGY LIABILITY
a. Under any Liability Coverage, to " injury or
damage":
1) With respect to which an insured under the
policy is also an insured under a nuclear
energy liability policy issued by Nuclear Energy Liability Insurance Association, Mutual Atomic Energy Liability Underwriters, Nuclear Insurance Association of Canada or any of their successors, or would be an insured under any such policy but for its termination upon exhaustion of its limit of liability; or 2) Resulting from the " hazardous properties"
of " nuclear material" and with respect to
which ( a) any person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954, or any law amendatory thereof, or (b) the insured is, or had this policy not been issued would be, entitled to indemnity from the
United States of America, or any agency
thereof, under any agreement entered into
by the United States of America, or any
agency thereof, with any person or organization.
b. Under any Liability Coverage, to " injury or
damage" resulting from "hazardous properties"
of "nuclear material", if:
1) The "nuclear material" ( a) is at any "nuclear
facility" owned by, or operated by or on behalf of, an insured or ( b) has been discharged or dispersed therefrom; 2) The " nuclear material" is contained in
spent fuel" or " waste" at any time possessed, handled, used, processed, stored, transported or disposed of, by or on behalf
of an insured; or
3) The " injury or damage" arises out of the
furnishing by an insured of services, materials, parts or equipment in connection with the planning, construction, maintenance,
operation or use of any "nuclear facility", but
if such facility is located within the United
States of America, its territories or possessions or Canada, this Exclusion ( 3) applies only to property damage to such " nuclear
facility" and any property thereat.
c. As used in this endorsement:

Hazardous properties" includes radioactive,
toxic or explosive properties.

Nuclear material" means " source material",
special nuclear material" or "by-product material".

Source material", " special nuclear material",
and " by-product material" have the meanings
given them in the Atomic Energy Act of 1954 or
in any law amendatory thereof.

Spent fuel" means any fuel element or fuel
component, solid or liquid, which has been
used or exposed to radiation in a "nuclear reactor".

Waste" means any waste material ( a) containing "by-product material" other than the tailings or wastes produced by the extraction or concentration of uranium or thorium from any ore processed primarily for its " source material"
content, and (b) resulting from the operation by
any person or organization of any " nuclear facility" included under the first two paragraphs of the definition of "nuclear facility".

Nuclear facility" means:
a) Any "nuclear reactor";
b) Any equipment or device designed or
used for ( 1) separating the isotopes of
uranium or plutonium, ( 2) processing or
utilizing " spent fuel", or ( 3) handling,
processing or packaging " waste";
DocuSign Envelope ID: 5E940F8A- 48C6-4D5D- BDB5- 4058F0741BCB Agenda Item No. 7.2 Agenda Packet Page No. 67 of 447

c) Any equipment or device used for the
processing, fabricating or alloying of
special nuclear material" if at any time
the total amount of such material in the
custody of the "insured" at the premises
where such equipment or device is located consists of or contains more than 25 grams of plutonium or uranium 233
or any combination thereof, or more
than 250 grams of uranium 235;
d) Any structure, basin, excavation, premises or place prepared or used for the storage or disposal of "waste";
and includes the site on which any of the foregoing is located, all operations conducted on such site and all premises used for such operations.

Nuclear reactor" means any apparatus designed or used to sustain nuclear fission in a self-supporting chain reaction or to contain a
critical mass of fissionable material.

Injury or damage" includes all forms of radioactive contamination of property.

DocuSign Envelope ID: 5E940F8A- 48C6-4D5D- BDB5- 4058F0741BCB Agenda Item No. 7.2 Agenda Packet Page No. 68 of 447

COMMERCIAL EXCESS LIABILITY
CX 21 02 04 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

CX 21 02 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1

TOTAL POLLUTION EXCLUSION
This endorsement modifies insurance provided under the following:

COMMERCIAL EXCESS LIABILITY COVERAGE PART
Exclusion c. under Paragraph 2. Exclusions of
Section I – Coverages is replaced by the following:

Insurance provided under this Coverage Part does
not apply to:

2. Exclusions
c. Pollution
1) " Injury or damage" which would not have
occurred in whole or part but for the actual,
alleged or threatened discharge, dispersal,
seepage, migration, release or escape of
pollutants at any time; or
2) Any loss, cost or expense arising out of
any:
a) Request, demand, order or statutory or
regulatory requirement that any insured
or others test for, monitor, clean up,
remove, contain, treat, detoxify or
neutralize, or in any way respond to, or
assess the effects of, pollutants; or
b) Claim or suit by or on behalf of a
governmental authority for damages
because of testing for, monitoring,
cleaning up, removing, containing,
treating, detoxifying or neutralizing, or in
any way responding to, or assessing the
effects of, pollutants.

DocuSign Envelope ID: 5E940F8A- 48C6-4D5D- BDB5- 4058F0741BCB Agenda Item No. 7.2 Agenda Packet Page No. 69 of 447

COMMERCIAL EXCESS LIABILITY
CX 21 11 04 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

CX 21 11 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 EXCLUSION – ABUSE OR MOLESTATION
This endorsement modifies insurance provided under the following:

COMMERCIAL EXCESS LIABILITY COVERAGE PART
The following exclusion is added to Paragraph 2.

Exclusions of Section I – Coverages:

2. Exclusions
Insurance provided under this Coverage Part does
not apply to "injury or damage" arising out of:
a. The actual or threatened abuse or molestation
by anyone of any person while in the care,
custody or control of any insured; or
b. The negligent:
1) Employment;
2) Investigation;
3) Supervision;
4) Reporting to the proper authorities, or
failure to so report; or
5) Retention;
of a person for whom any insured is or ever was
legally responsible and whose conduct would be
excluded by Paragraph a. above.

DocuSign Envelope ID: 5E940F8A- 48C6-4D5D- BDB5- 4058F0741BCB Agenda Item No. 7.2 Agenda Packet Page No. 70 of 447
POLICY NUMBER: ESB-HS-CX-0000172-00 COMMERCIAL EXCESS LIABILITY CX 21 12 04 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

CX 21 12 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 EXCLUSION – DESIGNATED ONGOING OPERATIONS
This endorsement modifies insurance provided under the following:

COMMERCIAL EXCESS LIABILITY COVERAGE PART

SCHEDULE
Description Of Designated Ongoing Operation( s):

ANY AND ALL OPERATIONS OTHER THAN LIFEGUARD SERVICES AT THE CHRISTOPHER HIGH SCHOOL AQUATICS CENTER AT 850 DAY ROAD, GILROY, CA 95020.

Specified Location (If Applicable):

Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

The following exclusion is added to Paragraph 2.

Exclusions of Section I – Coverages:

2. Exclusions
Insurance provided under this Coverage Part does
not apply to "injury or damage" arising out of the
ongoing operations described in the Schedule of
this endorsement, regardless of whether such
operations are conducted by you or on your behalf
or whether the operations are conducted for
yourself or for others.

Unless a " location" is specified in the Schedule,
this exclusion applies regardless of where such
operations are conducted by you or on your
behalf. If a specific "location" is designated in the
Schedule of this endorsement, this exclusion
applies only to the described ongoing operations
conducted at that "location".

For the purpose of this endorsement, " location"
means premises involving the same or connecting
lots, or premises whose connection is interrupted
only by a street, roadway, waterway or right-ofway of a railroad.

DocuSign Envelope ID: 5E940F8A- 48C6-4D5D- BDB5- 4058F0741BCB Agenda Item No. 7.2 Agenda Packet Page No. 71 of 447

COMMERCIAL EXCESS LIABILITY
CX 21 13 04 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

CX 21 13 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 EXCLUSION – FUNGI OR BACTERIA
This endorsement modifies insurance provided under the following:

COMMERCIAL EXCESS LIABILITY COVERAGE PART
A. The following exclusion is added to Paragraph 2.

Exclusions of Section I – Coverages:

2. Exclusions
Insurance provided under this Coverage Part
does not apply to:

Fungi Or Bacteria
a. " Injury or damage" which would not have
occurred, in whole or in part, but for the
actual, alleged or threatened inhalation of,
ingestion of, contact with, exposure to,
existence of, or presence of, any "fungi" or
bacteria on or within a building or structure,
including its contents, regardless of whether
any other cause, event, material or product
contributed concurrently or in any sequence
to such "injury or damage".
b. Any loss, cost or expenses arising out of
the abating, testing for, monitoring, cleaning
up, removing, containing, treating,
detoxifying, neutralizing, remediating or
disposing of, or in any way responding to,
or assessing the effects of, " fungi" or
bacteria, by any insured or by any other
person or entity.

This exclusion does not apply to any "fungi" or
bacteria that are, are on, or are contained in, a
good or product intended for bodily
consumption.

B. The following definition is added to the Definitions section:

Fungi" means any type or form of fungus,
including mold or mildew and any mycotoxins,
spores, scents or by-products produced or
released by fungi.

DocuSign Envelope ID: 5E940F8A- 48C6-4D5D- BDB5- 4058F0741BCB Agenda Item No. 7.2 Agenda Packet Page No. 72 of 447

COMMERCIAL EXCESS LIABILITY
CX 21 16 04 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

CX 21 16 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 EXCLUSION – SILICA OR SILICA-RELATED DUST
This endorsement modifies insurance provided under the following:

COMMERCIAL EXCESS LIABILITY COVERAGE PART
A. The following exclusion is added to Paragraph 2.

Exclusions of Section I – Coverages:

2. Exclusions
Insurance provided under this Coverage Part
does not apply to:

Silica Or Silica-related Dust
a. " Injury or damage" arising, in whole or in
part, out of the actual, alleged, threatened
or suspected inhalation of, ingestion of,
contact with, exposure to, existence of, or
presence of, "silica" or "silica-related dust".
b. Any loss, cost or expense arising, in whole
or in part, out of the abating, testing for,
monitoring, cleaning up, removing,
containing, treating, detoxifying,
neutralizing, remediating or disposing of, or
in any way responding to or assessing the
effects of, "silica" or "silica-related dust", by
any insured or by any other person or
entity.

B. The following definitions are added to the
Definitions section:

1. " Silica" means silicon dioxide ( occurring in
crystalline, amorphous and impure forms),
silica particles, silica dust or silica compounds.

2. " Silica-related dust" means a mixture or
combination of silica and other dust or
particles.

DocuSign Envelope ID: 5E940F8A- 48C6-4D5D- BDB5- 4058F0741BCB Agenda Item No. 7.2 Agenda Packet Page No. 73 of 447

COMMERCIAL EXCESS LIABILITY
CX 21 17 04 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

CX 21 17 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 EXCLUSION – COMMUNICABLE DISEASE
This endorsement modifies insurance provided under the following:

COMMERCIAL EXCESS LIABILITY COVERAGE PART
The following exclusion is added to Paragraph 2.

Exclusions of Section I – Coverages:

2. Exclusions
Insurance provided under this Coverage Part does
not apply to:

Communicable Disease
Injury or damage" arising out of the actual or
alleged transmission of a communicable disease.

This exclusion applies even if the claims against
any insured allege negligence or other wrongdoing
in the:
a. Supervising, hiring, employing, training or
monitoring of others that may be infected with
and spread a communicable disease;
b. Testing for a communicable disease;
c. Failure to prevent the spread of the disease; or
d. Failure to report the disease to authorities.

DocuSign Envelope ID: 5E940F8A- 48C6-4D5D- BDB5- 4058F0741BCB Agenda Item No. 7.2 Agenda Packet Page No. 74 of 447

COMMERCIAL EXCESS LIABILITY
CX 21 19 04 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

CX 21 19 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 EXCLUSION – EMPLOYMENT- RELATED PRACTICES
This endorsement modifies insurance provided under the following:

COMMERCIAL EXCESS LIABILITY COVERAGE PART
The following exclusion is added to Paragraph 2.

Exclusions of Section I – Coverages:

2. Exclusions
Insurance provided under this Coverage Part does
not apply to "injury or damage" to:
a. A person arising out of any:
1) Refusal to employ that person;
2) Termination of that person's employment;
or
3) Employment-related practices, policies,
acts or omissions, such as coercion,
demotion, evaluation, reassignment,
discipline, defamation, harassment,
humiliation, discrimination or malicious
prosecution directed at that person; or
b. The spouse, child, parent, brother or sister of
that person as a consequence of " injury or
damage" to that person at whom any of the
employment-related practices described in
Paragraph (1), (2) or (3) above is directed.

This exclusion applies whether the injury-causing
event described in Paragraph ( 1), (2) or (3) above
occurs before employment, during employment or
after employment of that person.

This exclusion applies whether the insured may be
liable as an employer or in any other capacity, and
to any obligation to share damages with or repay
someone else who must pay damages because of
the injury.

DocuSign Envelope ID: 5E940F8A- 48C6-4D5D- BDB5- 4058F0741BCB Agenda Item No. 7.2 Agenda Packet Page No. 75 of 447

COMMERCIAL EXCESS LIABILITY
CX 21 33 01 15
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

CX 21 33 01 15 © Insurance Services Office, Inc., 2015 Page 1 of 1

EXCLUSION OF CERTIFIED ACTS OF TERRORISM
This endorsement modifies insurance provided under the following:

COMMERCIAL EXCESS LIABILITY COVERAGE PART
Any endorsement addressing acts of terrorism
however defined) in any " controlling underlying
insurance" does not apply to this excess insurance.

The following provisions addressing acts of terrorism
apply with respect to this excess insurance:

A. The following exclusion is added:

This insurance does not apply to:

TERRORISM
Injury or damage" arising, directly or indirectly,
out of a "certified act of terrorism".

B. The following definition is added:

Certified act of terrorism" means an act that is
certified by the Secretary of the Treasury, in
accordance with the provisions of the federal
Terrorism Risk Insurance Act, to be an act of
terrorism pursuant to such Act. The criteria
contained in the Terrorism Risk Insurance Act for
a "certified act of terrorism" include the following:
a. The act resulted in insured losses in excess of
5 million in the aggregate, attributable to all
types of insurance subject to the Terrorism
Risk Insurance Act; and
b. The act is a violent act or an act that is
dangerous to human life, property or
infrastructure and is committed by an individual
or individuals as part of an effort to coerce the
civilian population of the United States or to
influence the policy or affect the conduct of the
United States Government by coercion.

C. The terms and limitations of any terrorism
exclusion, or the inapplicability or omission of a
terrorism exclusion, do not serve to create
coverage for "injury or damage" that is otherwise
excluded under this Coverage Part.

DocuSign Envelope ID: 5E940F8A- 48C6-4D5D- BDB5- 4058F0741BCB Agenda Item No. 7.2 Agenda Packet Page No. 76 of 447

COMMERCIAL EXCESS LIABILITY
CX 21 71 06 15
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

CX 21 71 06 15 © Insurance Services Office, Inc., 2014 Page 1 of 1 EXCLUSION – UNMANNED AIRCRAFT
This endorsement modifies insurance provided under the following:

COMMERCIAL EXCESS COVERAGE PART
A. The following exclusion is added to Paragraph 2.

Exclusions of Section I – Coverages:

2. Exclusions
Insurance provided under this Coverage Part
does not apply to:

Unmanned Aircraft
Injury or damage" arising out of the ownership,
maintenance, use or entrustment to others of
any aircraft that is an "unmanned aircraft". Use
includes operation and loading or unloading.

This exclusion applies even if the claims
against any insured allege negligence or other
wrongdoing in the supervision, hiring,
employment, training or monitoring of others by
that insured, if the " event" which caused the
injury or damage" involved the ownership,
maintenance, use or entrustment to others of
any aircraft that is an "unmanned aircraft".

As used in this exclusion, loading or unloading
means the handling of property:
a. After it is moved from the place where it is
accepted for movement into or onto an
unmanned aircraft";
b. While it is in or on an " unmanned aircraft";
or
c. While it is being moved from an "unmanned
aircraft" to the place where it is finally
delivered;
but loading or unloading does not include the
movement of property by means of a
mechanical device, other than a hand truck,
that is not attached to the "unmanned aircraft".

B. The following definition is added to the Definitions section:

Unmanned aircraft" means an aircraft that is not:

1. Designed;

2. Manufactured; or

3. Modified after manufacture;
to be controlled directly by a person from within or
on the aircraft.

DocuSign Envelope ID: 5E940F8A- 48C6-4D5D- BDB5- 4058F0741BCB Agenda Item No. 7.2 Agenda Packet Page No. 77 of 447
THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY.

SOS HSIC CW SOS 09 13

SERVICE OF SUIT
As used in this endorsement, “ we”, “ us”, and “ our”, refer to Houston Specialty Insurance Company ( HSIC).

This applies in jurisdictions where we are not an admitted insurer.

It is agreed that in the event of our failure to pay the amount claimed to be due hereunder, we, at the request of the insured, will submit to the jurisdiction of any court of competent jurisdiction within the United States and will comply with all requirements necessary to give such court jurisdiction and all matters arising hereunder shall be determined in accordance with the law and practice of such court.

It is further agreed that, pursuant to any statute of any state, territory or district of the United States which make provision therefor, we hereby designate the Superintendent, Commissioner or Director of Insurance or other officer specified for that purpose in the statute, or his successor or successors in office, as its true and lawful attorney upon whom may be served any lawful process in any action, suit or proceeding instituted by or on behalf of the insured or any beneficiary hereunder arising out to this policy of insurance and hereby designate Houston Specialty Insurance Company
General Counsel
800 Gessner Road, Suite 600
Houston, Texas 77024- 4538
DocuSign Envelope ID: 5E940F8A- 48C6-4D5D- BDB5- 4058F0741BCB Agenda Item No. 7.2 Agenda Packet Page No. 78 of 447
HSIC CX ES 01 19 04 21
HSIC CX ES 01 19 04 21 Includes copyrighted materials of Insurance Services Office, Inc., with its permission.

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

EXCLUSION - INJURY TO INDEPENDENT CONTRACTORS

OR THEIR EMPLOYEES
This endorsement modifies insurance provided under the following:

COMMERCIAL EXCESS LIABILITY COVERAGE PART
A. The following exclusion is added to SECTION I - COVERAGES, Paragraph 2. Exclusions:

Insurance provided under this Coverage Part does not apply to:

Injury To Independent Contractors Or Their Employees
Claims, costs or expenses due to "injury or damage" sustained by the owner, partner or "employee" of an independent contractor working for you or on your behalf.

B. The following are added to SECTION IV – DEFINITIONS:

Employee” includes a “leased worker”. “Employee” does not include a “temporary worker”.

Leased worker” means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm, to perform duties related to the conduct of your business. “ Leased worker” does not include a “temporary worker”.

Temporary worker” means a person who is furnished to you to substitute for a permanent “ employee” on leave or to meet seasonal or short-term workload conditions.

DocuSign Envelope ID: 5E940F8A- 48C6-4D5D- BDB5- 4058F0741BCB Agenda Item No. 7.2 Agenda Packet Page No. 79 of 447
HSIC CX ES 01 20 04 21
HSIC CX ES 01 20 04 21 Includes copyrighted materials of Insurance Services Office, Inc., with its permission.

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

EXCLUSION - INTELLECTUAL PROPERTY
This endorsement modifies insurance provided under the following:

COMMERCIAL EXCESS LIABILITY COVERAGE PART
The following exclusion is added to SECTION I - COVERAGES, Paragraph 2. Exclusions:

Insurance provided under this Coverage Part does not apply to:

Intellectual Property
Injury or damage" arising out of the actual or alleged infringement, misappropriation or violation of intellectual property rights or laws, including but not limited to:
1) Trademark,
2) Trade dress,
3) Slogan,
4) Style of doing business,
5) Copyright,
6) Patent rights,
7) Trade secret rights,
8) Publicity rights,
9) Moral rights,
10) Rights against unfair competition, or
11) Breach of contract.

DocuSign Envelope ID: 5E940F8A- 48C6-4D5D- BDB5- 4058F0741BCB Agenda Item No. 7.2 Agenda Packet Page No. 80 of 447
HSIC CX ES 01 23 04 21
HSIC CX ES 01 23 04 21 Includes copyrighted materials of Insurance Services Office, Inc., with its permission.

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

EXCLUSION - PUNITIVE DAMAGES
This endorsement modifies insurance provided under the following:

COMMERCIAL EXCESS LIABILITY COVERAGE PART
A. The following exclusion is added to SECTION I - COVERAGES, Paragraph 2. Exclusions:

Insurance provided under this Coverage Part does not apply to:

Punitive Damages
Damages assessed for punitive damages, exemplary damages, multiplied damages, fines, penalt ies or liquidated damages. If a "suit" is brought against you for a claim falling within the coverage provided by this policy, seeking both compensatory and punitive damages, exemplary damages, multiplied damages, fines, penalties or liquidated damages, we will afford a defense to such action, but we shall not have an obligation to pay any cost, interest or damages attributed to punitive damages, exemplary damages, multiplied damages, fines, penalties or liquidated damages.

B. The following is added to SECTION IV – DEFINITIONS:

Suit” means a civil proceeding in which damages because of “ injury or damage” to which this insurance applies are alleged. “Suit” includes:
1) An arbitration proceeding in which such damages are claimed and to which the insured must submit or does submit with our consent; or
2) Any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent.

DocuSign Envelope ID: 5E940F8A- 48C6-4D5D- BDB5- 4058F0741BCB Agenda Item No. 7.2 Agenda Packet Page No. 81 of 447
HSIC CX ES 01 44 04 21
HSIC CX ES 01 44 04 21 Includes copyrighted material of Insurance Services Offices, Inc., with its permission

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

EXCLUSION – ASSAULT OR BATTERY
This endorsement modifies insurance provided under the following:

COMMERCIAL EXCESS LIABILITY COVERAGE PART
A. The following exclusion is added to SECTION I - COVERAGES, Paragraph 2. Exclusions:

Insurance provided under this Coverage Part does not apply to, nor shall we have the duty to defend, any claim or "suit" for “injury or damage” arising out of or related to any of the following:

Assault and Battery

1. “Assault” and/or “battery” committed by any insured, any “employee” of any insured or any other person, whether or not caused by or at the direction of any insured, or arising because of the negligence of any insured; or

2. “Assault” and/or “battery” resulting from the negligent hiring, retention, training, supervision or control of any “employee” of the insured; or

3. The failure to prevent or suppress an “assault” and “battery” by any person; or

4. The failure to provide an environment safe from “assault” and “battery”, including but not limited to the failure to maintain security; or

5. The use of force to protect persons or property.

This exclusion supersedes any provision in the “controlling underlying insurance” that provides coverage for “injury or damage” arising out of, directly or indirectly resulting from, in consequence of, or in any way involving the use of reasonable force to protect person( s) or property.

B. The following definitions are added to SECTION IV – DEFINITIONS:

Assault” means the threat of or use of force on another that causes that person to have the apprehension of imminent harmful or offensive conduct, whether or not the threat or use of force is alleged to be negligent, intentional or criminal in nature.

Battery” means negligent or intentional physical contact with another without consent that results in physical or emotional injury.

Employee” includes a “leased worker”. “Employee” does not include a “temporary worker”.

Leased worker” means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm, to perform duties related to the conduct of your business. “ Leased worker” does not include a “temporary worker”.

DocuSign Envelope ID: 5E940F8A- 48C6-4D5D- BDB5- 4058F0741BCB Agenda Item No. 7.2 Agenda Packet Page No. 82 of 447
HSIC CX ES 01 44 04 21
HSIC CX ES 01 44 04 21 Includes copyrighted material of Insurance Services Offices, Inc., with its permission

Suit” means a civil proceeding in which damages because of “injury or damage” to which this insurance applies are alleged. “Suit” includes:
a. An arbitration proceeding in which such damages are claimed and to which the insured must submit or does submit with our consent; or
b. Any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent.

Temporary worker” means a person who is furnished to you to substitute for a permanent “ employee” on leave or to meet seasonal or short-term workload conditions.

DocuSign Envelope ID: 5E940F8A- 48C6-4D5D- BDB5- 4058F0741BCB Agenda Item No. 7.2 Agenda Packet Page No. 83 of 447
HSIC CX ES 01 55 04 21
HSIC CX ES 01 55 04 21 Page 1 of 1
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

CARE, CUSTODY OR CONTROL EXCLUSION
This endorsement modifies insurance provided under the following:

COMMERCIAL EXCESS LIABILITY COVERAGE PART
The following exclusion is added to SECTION I - COVERAGES, Paragraph 2. Exclusions:

Insurance provided under this Coverage Part does not apply to:

Damage to Property in Care, Custody or Control:

1. “ Injury or damage” arising out of personal property in the care, custody or control of the insured; and

2. That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations, if the “injury or damage” arises out of those operations.

DocuSign Envelope ID: 5E940F8A- 48C6-4D5D- BDB5- 4058F0741BCB Agenda Item No. 7.2 Agenda Packet Page No. 84 of 447
HSIC CX ES 01 61 04 21
HSIC CX ES 01 61 04 21 . Page 1 of 1
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ELECTRONIC DATA CYBER EXCLUSION
This endorsement modifies insurance provided under the following:

COMMERCIAL EXCESS LIABILITY COVERAGE PART
A. The following exclusion is added to Paragraph 2. Exclusions of SECTION I - COVERAGES:

Insurance provided under this Coverage Part does not apply to:

Access Or Disclosure Of Confidential Or Personal Information And Data-related Liability:

Injury or damage” arising out of:
1) Any access to or disclosure of any person's or organization' s confidential or personal information, including patents, trade secrets, processing methods, customer lists, financial information, credit card information, health information or any other type of nonpublic information; or 2) The loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate electronic data”.

As used in this exclusion, “electronic data” means information, facts or programs stored as or on, created or used on, or transmitted to or from computer software, including systems and applications software, hard or floppy disks, CD-ROMs, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment.

DocuSign Envelope ID: 5E940F8A- 48C6-4D5D- BDB5- 4058F0741BCB Agenda Item No. 7.2 Agenda Packet Page No. 85 of 447
HSIC CX ES 01 67 04 21
HSIC CX ES 01 67 04 21 Includes copyrighted material of Insurance Services Office, Inc., with its permission.

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

EXCLUSION - PROFESSIONAL SERVICES
This endorsement modifies insurance provided under the following:

COMMERCIAL EXCESS LIABILITY COVERAGE PART
A. The following is added to SECTION I – COVERAGES, Paragraph 2. Exclusions:

Insurance provided under this Coverage Part does not apply to:

Professional Services
Injury or damage” arising out of the rendering of or failure to render professional services or advice by an insured or by any person for whose acts or omissions the insured is legally responsible, whether or not that service or advice is ordinary in your profession and regardless of whether a claim or “suit” is brought by a client or any other person or organization.

This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the " event" which caused the "injury or damage" involved the rendering of or failure to render any professional service.

B. The following is added to SECTION IV – DEFINITIONS:

Suit” means a civil proceeding in which damages because of “injury or damage” to which this insurance applies are alleged. “Suit” includes:

1. An arbitration proceeding in which such damages are claimed and to which the insured must submit or does submit with our consent; or

2. Any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent.

DocuSign Envelope ID: 5E940F8A- 48C6-4D5D- BDB5- 4058F0741BCB Agenda Item No. 7.2 Agenda Packet Page No. 86 of 447
HSIC CX ES 01 68 04 21
HSIC CX ES 01 68 04 21 Includes copyrighted material of Insurance Services Office, Inc., with its permission.

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

EXCLUSION - RECORDING AND DISTRIBUTION OF

MATERIAL OR INFORMATION IN VIOLATION OF LAW
This endorsement modifies insurance provided under the following:

COMMERCIAL EXCESS LIABILITY COVERAGE PART
The following is added to SECTION I – COVERAGES, Paragraph 2. Exclusions:

Insurance provided under this Coverage Part does not apply to:

Recording And Distribution Of Material Or Information In Violation Of Law Injury" or damage" arising directly or indirectly out of any action or omission that violates or is alleged to violate:
a. The Telephone Consumer Protection Act (TCPA), including any amendment of or addition to such law;
b. The CAN-SPAM Act of 2003, including any amendment of or addition to such law; c. The Fair Credit Reporting Act (FCRA), and any amendment of or addition to such law, including the Fair and Accurate Credit Transactions Act (FACTA); or
d. Any federal, state or local statute, ordinance or regulation, other than the TCPA, CAN-SPAM Act of 2003 or FCRA and their amendments and additions, that addresses, prohibits, or limits the printing, dissemination, disposal, collecting, recording, sending, transmitting, communicating or distribution of material or information.

DocuSign Envelope ID: 5E940F8A- 48C6-4D5D- BDB5- 4058F0741BCB Agenda Item No. 7.2 Agenda Packet Page No. 87 of 447
HSIC CX ES 01 71 04 21
HSIC CX ES 01 71 04 21 Includes copyrighted materials of Insurance Services Office, Inc., with its permission.

THIS ENDORSEMENT CHANGESTHE POLICY. PLEASE READ ITCAREFULLY.

AUTO LIABILITY EXCLUSION
This endorsement modifies Insurance provided under the following:

COMMERCIAL EXCESS LIABILITY COVERAGE PART
A. The following exclusion is added to SECTION I - COVERAGES, Paragraph 2. Exclusions:

Insurance provided under this Coverage Part does not apply to:

Auto Liability
Any liability for “injury or damage” arising out of the ownership, maintenance, use or entrustment to others of any “auto” owned or operated by or rented or loaned to any insured. Use includes operation and “loading or unloading”.

This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the “ event” which caused the “injury or damage” involved the ownership , maintenance, use or entrustment to others of any auto” that is owned or operated by or rented or loaned to any insured.

We shall have no duty to defend any claim for “injury or damage” arising out of the foregoing.

B. The following are added to SECTION IV – DEFINITIONS
Auto" means:

1. A land motor vehicle, trailer or semitrailer designed for travel on public roads, including any attached machinery or equipment; or

2. Any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged.

However, "auto" does not include "mobile equipment".

Loading or unloading" means the handling of property:

1. After it is moved from the place where it is accepted for movement into or onto an aircraft, watercraft or auto";

2. While it is in or on an aircraft, watercraft or "auto"; or

3. While it is being moved from an aircraft, watercraft or "auto" to the place where it is finally delivered; but " loading or unloading" does not include the movement of property by means of a mechanical device, other than a hand truck, that is not attached to the aircraft, watercraft or "auto".

DocuSign Envelope ID: 5E940F8A- 48C6-4D5D- BDB5- 4058F0741BCB Agenda Item No. 7.2 Agenda Packet Page No. 88 of 447
HSIC CX ES 01 71 04 21 Includes copyrighted materials of Insurance Services Office, Inc., with its permission.

Mobile equipment" means any of the following types of land vehicle s, including any attached machinery or equipment:

1. Bulldozers, farm machinery, forklifts and other vehicles designed for use principally off public roads;

2. Vehicles maintained for use solely on or next to premises you own or rent;

3. Vehicles that travel on crawler treads;

4. Vehicles, whether self-propelled or not, maintained primarily to provide mobility to permanently mounted:
a. Power cranes, shovels, loaders, diggers or drills; or b. Road construction or resurfacing equipment such as graders , scrapers or rollers;

5. Vehicles not described in Paragraph 1., 2., 3. or 4. above that are not self-propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types:
a. Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment; or
b. Cherry pickers and similar devices used to raise or lower workers;

6. Vehicles not described in Paragraph 1., 2., 3. or 4. above maintained primarily for purposes other than the transportation of persons or cargo.

However, self-propelled vehicles with the following types of permanently attached equipment are not mobile equipment" but will be considered "autos":
a. Equipment designed primarily for:
1) Snow removal;
2) Road maintenance, but not construction or resurfacing; or 3) Street cleaning;
b. Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers; and
c. Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment.

However, " mobile equipment" does not include any land vehicles that are subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged.

Land vehicles subject to a compulsory or financial responsibility law or other motor vehicle insurance law are considered " autos".

DocuSign Envelope ID: 5E940F8A- 48C6-4D5D- BDB5- 4058F0741BCB Agenda Item No. 7.2 Agenda Packet Page No. 89 of 447
HSIC CX ES 01 80 04 21
HSIC CX ES 01 80 04 21 Page 1 of 1
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

EXCLUSION OF COVERAGE SUBJECT TO SUBLIMITS

OR OTHER REDUCED LIMITS IN UNDERLYING

INSURANCE
This endorsement modifies insurance provided under the following:

COMMERCIAL EXCESS LIABILITY COVERAGE PART
This policy does not apply to “ultimate net loss” insured by “controlling underlying insurance” if such ultimate net loss” is subject under the “ controlling underlying insurance” to any sublimit or any other limit less than the applicable limits for the “controlling underlying insurance” set forth in the Declarations under the Schedule of “ controlling underlying insurance” herein, including any limits in the “ controlling underlying insurance” that are reduced as a result of any insured’s failure to comply with any requirements or conditions of coverage set forth in the “controlling underlying insurance”.

DocuSign Envelope ID: 5E940F8A- 48C6-4D5D- BDB5- 4058F0741BCB Agenda Item No. 7.2 Agenda Packet Page No. 90 of 447
HSIC CX ES 01 88 04 21
HSIC CX ES 01 88 04 21 Page 1 of 1
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

UNIMPAIRED RETAINED LIMIT
This endorsement modifies insurance provided under the following:

COMMERCIAL EXCESS LIABILITY COVERAGE PART
The following is added to SECTION II – LIMITS OF INSURANCE:

The “ retained limits” on “controlling underlying insurance” shall be unimpaired as of the inception date of this policy.

The “ retained limits” on the “ controlling underlying insurance” will only be reduced and exhausted by payments for “injury or damage” arising out of an “event” that occurs during the policy period of the policy.

If any " controlling underlying insurance" is written on a claims made basis, the “ retained limits” on that controlling underlying insurance” will only be reduced or exhausted by payments for “injury or damage” arising out of an “event" for which claims are made during the policy period, or any Extended Reporting Period, of this policy.

DocuSign Envelope ID: 5E940F8A- 48C6-4D5D- BDB5- 4058F0741BCB Agenda Item No. 7.2 Agenda Packet Page No. 91 of 447
HSIC CX ES 02 06 12 21
HSIC CX ES 02 06 12 21 Includes copyrighted material of Insurance Services Office, Inc., with its permission.

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

MINIMUM AND DEPOSIT PREMIUM ENDORSEMENT
This endorsement modifies insurance provided under the following:

COMMERCIAL EXCESS LIABILITY COVERAGE PART
A. SECTION III – CONDITIONS, Paragraph 9. Premium Audit, subparagraph b. is deleted and replaced with the following:
b. If this policy is auditable, the minimum and deposit premium shown on the Declarations page of this policy is the “advance premium” for the full policy term applicable to this policy.

At the close of each audit period, we will compute the “ earned premium” for that period. The “ audit premium” is due and payable to us on notice to the first Named Insured. If the “audit premium” is less than the minimum and deposit premium, the minimum and deposit premium will apply, with no return to you.

B. SECTION III – CONDITIONS, Paragraph 5. Cancellation, subparagraph e. is deleted and replaced with the following:

5. If this policy is cancelled, we will send the first Named Insured any premium refund due. If we cancel, the refund will be pro rata. If the first Named Insured cancels, the refund will reflect either a 25% “ minimum earned premium” or a short-rate charge of 90% of the pro rata premium, whichever is greater. If the insured cancels after 12 months, the “advance premium” is fully earned. Any cancellation will be effective even if we have not made or offered a refund.

Advance Premium” = $17,000.00
Minimum Earned Premium” = 25.00% % of the “advance premium” or $ Minimum Audit Premium” = 100% of the “advance premium” or 17,000.00
C. For the purposes of this endorsement, the following terms are defined:

1.“ Advance premium” means the premium that is stated in the policy declarations and payable in full by the first Named Insured at the inception of the policy.

2.“ Audit premium” means the premium that is developed by calculating the difference between the “advance premium” and the “earned premium”.

3.“ Earned premium” means the premium that is developed by applying the rate(s) scheduled in the policy to the actual premium basis (determined by a final audit) for the policy period.

4.“ Minimum audit premium” means the lowest premium for which insurance will be written for the full policy period or 12 months, whichever is less, and is developed as a percentage of the “advance premium”.

5.“ Minimum earned premium” means the absolute lowest premium for which insurance will be written for any portion of the policy period and is developed as a percentage of the “advance premium”.

DocuSign Envelope ID: 5E940F8A- 48C6-4D5D- BDB5- 4058F0741BCB Agenda Item No. 7.2 Agenda Packet Page No. 92 of 447
HSIC CX ES 02 13 07 22
HSIC CX ES 02 13 07 22 Includes copyrighted material of Insurance Services Office, Inc., with its permission.

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

LIQUOR LIABILITY EXCLUSION
This endorsement modifies insurance provided under the following:

COMMERCIAL EXCESS LIABILITY COVERAGE FORM
It is hereby understood and agreed that:

SECTION I – COVERAGES, Paragraph 2. Exclusions of the Policy is amended to add the following additional exclusions:

Liquor Liability
The insurance provided under this Coverage Part does not apply to any claim, suit, “ event”, liability, damages, loss, cost or expense based upon or arising out of, directly or indirectly, in whole or in part:

Injury or damage,” including mental anguish and emotional distress whether or not resulting from physical injury, in connection with:

1. Causing or contributing to the intoxication of any person, including but not limited to causing or contributing to the intoxication of any person because alcoholic beverages were permitted to be brought on your premises, for consumption on your premises;

2. The furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol; or

3. Any act, error or omission in violation of any statute, ordinance or regulation relating to the sale, gift, distribution or use of alcoholic beverages.

This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in:
a. The supervision, hiring, employment, training or monitoring of others by that insured; or b. Providing or failing to provide transportation with respect to any person that may be under the influence of alcohol.

This exclusion applies only if you:

1. Manufacture, sell or distribute alcoholic beverages;

2. Serve or furnish alcoholic beverages for a charge, whether or not such activity:
a. Requires a license;
b. Is for the purpose of financial gain or livelihood;

3. Serve or furnish alcoholic beverages without a charge, if a license is required for such activity; or

4. Permit any person to bring any alcoholic beverages on your premises, for consumption on your premises.

ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED.

DocuSign Envelope ID: 5E940F8A- 48C6-4D5D- BDB5- 4058F0741BCB Agenda Item No. 7.2 Agenda Packet Page No. 93 of 447
HSIC CX ES 02 14 08 22
HSIC CX ES 02 14 08 22 Page 1 of 1
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

EXCLUSION – PERFLUOROALKYL AND

POLYFLUOROALKYL SUBSTANCES
This endorsement modifies insurance provided under the following:

COMMERCIAL EXCESS LIABILITY COVERAGE
The following is added to Paragraph 2. Exclusions of SECTION I – COVERAGES:

This insurance does not apply to any and all products manufactured, imported, sold, handled, distributed or disposed of by any insured containing Perfluoroalkyl and polyfluoroalkyl substances (PFAS), perfluorooctanoic acid PFOA) or Perfluorooctanesulfonic acid (PFOS).

DocuSign Envelope ID: 5E940F8A- 48C6-4D5D- BDB5- 4058F0741BCB Agenda Item No. 7.2 Agenda Packet Page No. 94 of 447
HSIC CX ES 02 17 12 22
HSIC CX ES 02 17 12 22 Includes copyrighted materials of Insurance Services Office, Inc., with its permission.

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

TOTAL FIREARMS EXCLUSION
This endorsement changes modifies insurance provided under the following:

COMMERCIAL EXCESS LIABILITY COVERAGE FORM
This insurance does not apply to:

Injury or damage” arising out of, resulting from or in any way connected to, in whole or in part, the use of or failure to use any firearm(s).

DocuSign Envelope ID: 5E940F8A- 48C6-4D5D- BDB5- 4058F0741BCB Agenda Item No. 7.2 Agenda Packet Page No. 95 of 447
IFG-I-0002 08 21

INSURANCE POLICY
of
The Burlington Insurance Company
A Stock Company
Home Office, Administrative Office and Claim Office
City Place II, 185 Asylum Street, 7th Floor, Hartford, CT 06103 Tel. 860-723-4150 or
Toll Free 1-800-328-8719
In Witness Whereof, we have caused this policy to be executed and attested, and, if required by state law, this policy shall not be valid unless countersigned by our authorized representatives.

Secretary President
DocuSign Envelope ID: 5E940F8A- 48C6-4D5D- BDB5- 4058F0741BCB Agenda Item No. 7.2 Agenda Packet Page No. 96 of 447

COMMERCIAL EXCESS LIABILITY DECLARATIONS
Policy Number: 263BE08231
Renewal of:

IFG-FB-000a 11 20 Page 1 of 2
New

THE BURLINGTON INSURANCE COMPANY
Home Office, Administrative Office and Claim Office
City Place II, 185 Asylum Street, 7th Floor, Hartford, CT 06103 ITEM 1. NAMED INSURED AND MAILING ADDRESS Producing Broker The Swimming Swan, LLC
903 Pasel Del Lago
Fallbrook, CA 92028
ITEM 2. POLICY PERIOD
Effective Date: 05/26/2023 12:01 A.M. Expiration Date: 05/26/2024 12:01 A.M.

Standard Time at your mailing address shown above
ITEM 3. In return for the payment of the premium, and subject to all the terms of this policy, we agree with you to provide the insurance as stated in this policy.

ITEM 4. EXCESS POLICY LIMITS OF INSURANCE ITEM 5. PREMIUM Each Occurrence Limit:$ 5,000,000 Excess Liability Premium $ 10,000 Aggregate Limit:$ 5,000,000 Terrorism Risk Insurance Act Premium N/A Which is Part Of: Total Policy Premium or Deposit Premium $ 10,000 Other Charges ( if applicable)
ITEM 6. PREMIUM AUDIT PERIOD ( if applicable) Total Other Charges N/A Annual Other (specify) TOTAL AMOUNT DUE $ 10,000
Rating Basis: N/ A
Premium Basis: N/A Premium is: Policy Minimum Premium
Rate is: N/A Flat $ 10,000
Rate: N/ A In the event you cancel this policy, we will retain ITEM 7. Forms and Endorsements application to this policy: See “Listing or Forms and Endorsements” ( IFG- I0150)

THESE DECLARATIONS TOGETHER WITH THE COMMON POLICY CONDITIONS AND COVERAGE FORM( S) AND ANY ENDORSEMENT( S), COMPLETE THE ABOVE NUMBERED POLICY.

This insurance is issued pursuant to the California Insurance Code, Sections 1760 through 1780, and is placed in an insurer or insurers not holding a Certificate of Authority from or regulated by the California Insurance Commissioner
Countersigned Date: By:

Issue Date: 06/07/2023 Authorized Representative
R-T Specialty Insurance
Services, LLC
2601 Main St., Suite 450
Irvine, CA 92614
Producer Code: 0263
Co. Use: DMP
SL License: 0G97516
a minimum premium. See BG-I-015
Surplus Lines Tax 300.00
Stamping Fee 18.00
DocuSign Envelope ID: 5E940F8A- 48C6-4D5D- BDB5- 4058F0741BCB Agenda Item No. 7.2 Agenda Packet Page No. 97 of 447
IFG-FB-000a 11 20 Insured Copy Page 2 of 2
Named Insured: The Swimming Swan, LLC
Policy Number: 263BE08231
SCHEDULE OF “CONTROLLING UNDERLYING INSURANCE”
COVERAGE: COMMERCIAL EXCESS LIABILITY
Insurance Company: Houston Specialty Insurance Company
Policy Number: ESB- HS- CX- 0000172- 00
Policy Period: Effective: 05/26/2023 Expiration: 05/26/2024 Each Occurrence Limit:$ 5,000,000
Aggregate Limit:$ 5,000,000
DocuSign Envelope ID: 5E940F8A- 48C6-4D5D- BDB5- 4058F0741BCB Agenda Item No. 7.2 Agenda Packet Page No. 98 of 447
POLICY NUMBER: 263BE08231
POLICY PERIOD: 05/26/2023 05/26/2024
Effective Date Expiration Date
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

LISTING OF FORMS AND ENDORSEMENTS
This listing forms a part of the following:

NUMBER TITLE
IFG-I-0150 03 03 Page 1 of 2
Commercial Excess Liability Policy
Cover Page
Name Title
IFG- I-0002 08 21 Policy Cover Page
Interline
Name Title
D-2 01 20 California Surplus Lines Notice
IFG- I-0408 01 17 California Service of Suit Amendment
BG-I-015 03 17 25% Minimum Earned Premium
IFG- I-1004 11 21 Exclusion - Cyber Incident
Commercial Excess Liability
Name Title
IFG- FB-000a 11 20 Commercial Excess Liability Declarations IFG- FX-0001 07 17 Commercial Excess Liability Coverage Form CX 21 10 04 13 Limitation Of Coverage To Designated Premises Or Project IFG- FX-0230 01 21 Exclusion - Terrorism Outside USA
IFG- FX-0231 01 21 Auto - Excl. of Terrorism
CX 21 01 09 08 Nuclear Energy Liability Exclusion Endorsement CX 21 11 04 13 Exclusion - Abuse Or Molestation
CX 21 17 04 13 Exclusion - Communicable Disease
CX 21 19 04 13 Exclusion - Employment- Related Practices CX 21 20 04 13 Exclusion - Professional Services
IFG- FX-0012 07 17 Exclusion - Auto Liability
IFG- FX-0019 07 17 Exclusion - Employer' s Liability
IFG- FX-0027 07 17 Exclusion - Aircraft Products And Grounding, Including Unmanned Aircraft Or Unmanned Aerial Vehicle
IFG- FX-0028 07 22 Excl- Damage To Property
DocuSign Envelope ID: 5E940F8A- 48C6-4D5D- BDB5- 4058F0741BCB Agenda Item No. 7.2 Agenda Packet Page No. 99 of 447
POLICY NUMBER: 263BE08231
POLICY PERIOD: 05/26/2023 05/26/2024
Effective Date Expiration Date
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

LISTING OF FORMS AND ENDORSEMENTS
This listing forms a part of the following:

NUMBER TITLE
IFG-I-0150 03 03 Page 2 of 2
Commercial Excess Liability Policy
IFG- FX-0036 11 21 Exclusion - Lead Bearing Substance
IFG- FX-0039 07 17 Exclusion - ERISA
IFG- FX-0043 11 21 Exclusion - Assault, Battery Or Other Physical Altercation IFG- FX-0044 07 17 Exclusion - Recall Of Products, Work or Impaired Property IFG- FX-0063 07 17 Exclusion - Fungi or Bacteria
IFG- FX-0064 07 17 Exclusion - Punitive Damages
IFG- FX-0067 07 17 Exclusion - Intellectual Property
IFG- FX-0071 07 17 Exclusion - War
IFG- FX-0076 07 17 Exclusion - Aircraft Liability
IFG- FX-0077 07 17 Recording And Distribution Of Material Or Information In Violation Of Law Exclusion
IFG- FX-0078 11 21 Exclusion - Asbestos Or Asbestos- Related Dust IFG- FX-0097 07 17 Exclusion - Injury To Independent Contractors/ Subcontractors IFG- FX-0099 07 17 Limitation - Independent Contractors/ Subcontractors IFG- FX-0103 05 16 Amendment of Premium Conditions
IFG- FX-0131 07 17 Exclusion - Discrimination
IFG- FX-0140 07 17 Exclusion - Breach Of Contract
IFG- FX-0145 03 21 Exclusion - Toxic Substances
IFG- FX-0163 04 15 Exclusion - Cross Suits - Named Insured Versus Named Insured IFG- FX-0169 07 17 Total Pollution Exclusion
IFG- FX-0188 11 21 Exclusion - Silica Or Silica- Related Dust IFG- FX-0221 03 22 Anti- Stacking Of Limits
IFG- FX-0225 03 21 NY-Excl -- Any Constr or Contr
DocuSign Envelope ID: 5E940F8A- 48C6-4D5D- BDB5- 4058F0741BCB Agenda Item No. 7.2 Agenda Packet Page No. 100 of 447
NOTICE:

1. THE INSURANCE POLICY THAT YOU HAVE PURCHASED

IS BEING ISSUED BY AN INSURER THAT IS NOT LICENSED
BY THE STATE OF CALIFORNIA. THESE COMPANIES ARE
CALLED " NONADMITTED" OR " SURPLUS LINE"
INSURERS.

2. THE INSURER IS NOT SUBJECT TO THE FINANCIAL

SOLVENCY REGULATION AND ENFORCEMENT THAT
APPLY TO CALIFORNIA LICENSED INSURERS.

3. THE INSURER DOES NOT PARTICIPATE IN ANY OF THE

INSURANCE GUARANTEE FUNDS CREATED BY
CALIFORNIA LAW. THEREFORE, THESE FUNDS WILL

NOT PAY YOUR CLAIMS OR PROTECT YOUR ASSETS IF

THE INSURER BECOMES INSOLVENT AND IS UNABLE TO

MAKE PAYMENTS AS PROMISED

4. THE INSURER SHOULD BE LICENSED EITHER AS A

FOREIGN INSURER IN ANOTHER STATE IN THE UNITED
STATES OR AS A NON-UNITED STATES (ALIEN) INSURER.

YOU SHOULD ASK QUESTIONS OF YOUR INSURANCE
AGENT, BROKER, OR " SURPLUS LINE" BROKER OR

CONTACT THE CALIFORNIA DEPARTMENT OF
INSURANCE AT THE TOLL-FREE NUMBER 1-800-927-4357
OR INTERNET WEBSITE WWW.INSURANCE. CA.GOV. ASK

WHETHER OR NOT THE INSURER IS LICENSED AS A

FOREIGN OR NON-UNITED STATES (ALIEN) INSURER AND
FOR ADDITIONAL INFORMATION ABOUT THE INSURER.

YOU MAY ALSO VISIT THE NAIC'S INTERNET
DocuSign Envelope ID: 5E940F8A- 48C6-4D5D- BDB5- 4058F0741BCB Agenda Item No. 7.2 Agenda Packet Page No. 101 of 447
WEBSITE AT WWW.NAIC.ORG. THE NAIC--THE

NATIONAL ASSOCIATION OF INSURANCE

COMMISSIONERS-- IS THE REGULATORY SUPPORT

ORGANIZATION CREATED AND GOVERNED BY THE

CHIEF INSURANCE REGULATORS IN THE UNITED
STATES.

5. FOREIGN INSURERS SHOULD BE LICENSED BY A STATE

IN THE UNITED STATES AND YOU MAY CONTACT THAT

STATE' S DEPARTMENT OF INSURANCE TO OBTAIN
MORE INFORMATION ABOUT THAT INSURER. YOU CAN

FIND A LINK TO EACH STATE FROM THIS NAIC
INTERNET WEBSITE:

HTTPS://NAIC.ORG/STATE_WEB_MAP.HTM.

6. FOR NON-UNITED STATES ( ALIEN) INSURERS, THE

INSURER SHOULD BE LICENSED BY A COUNTRY

OUTSIDE OF THE UNITED STATES AND SHOULD BE ON

THE NAIC'S INTERNATIONAL INSURERS DEPARTMENT
IID) LISTING OF APPROVED NONADMITTED NONUNITED STATES INSURERS. ASK YOUR AGENT, BROKER, OR “ SURPLUS LINE” BROKER TO OBTAIN MORE
INFORMATION ABOUT THAT INSURER.

7. CALIFORNIA MAINTAINS A " LIST OF APPROVED
SURPLUS LINE INSURERS ( LASLI)." ASK YOUR AGENT OR

BROKER IF THE INSURER IS ON THAT LIST, OR VIEW

THAT LIST AT THE INTERNET WEBSITE OF THE
CALIFORNIA DEPARTMENT OF INSURANCE:

WWW.INSURANCE.CA.GOV/01-CONSUMERS/ 120-
COMPANY/ 07-LASLI/LASLI.CFM.

DocuSign Envelope ID: 5E940F8A- 48C6-4D5D- BDB5- 4058F0741BCB Agenda Item No. 7.2 Agenda Packet Page No. 102 of 447

8. IF YOU, AS THE APPLICANT, REQUIRED THAT THE

INSURANCE POLICY YOU HAVE PURCHASED BE

EFFECTIVE IMMEDIATELY, EITHER BECAUSE EXISTING

COVERAGE WAS GOING TO LAPSE WITHIN TWO

BUSINESS DAYS OR BECAUSE YOU WERE REQUIRED TO

HAVE COVERAGE WITHIN TWO BUSINESS DAYS, AND

YOU DID NOT RECEIVE THIS DISCLOSURE FORM AND A

REQUEST FOR YOUR SIGNATURE UNTIL AFTER

COVERAGE BECAME EFFECTIVE, YOU HAVE THE RIGHT

TO CANCEL THIS POLICY WITHIN FIVE DAYS OF
RECEIVING THIS DISCLOSURE. IF YOU CANCEL

COVERAGE, THE PREMIUM WILL BE PRORATED AND

ANY BROKER' S FEE CHARGED FOR THIS INSURANCE
WILL BE RETURNED TO YOU.

D-2 01 20
DocuSign Envelope ID: 5E940F8A- 48C6-4D5D- BDB5- 4058F0741BCB Agenda Item No. 7.2 Agenda Packet Page No. 103 of 447
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

IFG-I-0408 01 17 Page 1 of 1

CALIFORNIA

SERVICE OF SUIT AMENDMENT
Index:FormName":=" IFG-I-0408 01 17"|~
Image:XDisplace":="-0.25"|~
The Company has designated the following resident
agent to be its true and lawful attorney upon whom
may be served all lawful process in any action, suit or proceeding in the State of California.

Image:YDisplace":="- 0.1875"|~
Ms. Karissa Lowry
Corporation Service Company Which Will Do
Business in California as CSC-Lawyers Incorporating
Service
2710 Gateway Oaks Drive
Suite 150N
Sacramento, CA 95833
All other terms and conditions of this Policy
remain unchanged.

DocuSign Envelope ID: 5E940F8A- 48C6-4D5D- BDB5- 4058F0741BCB Agenda Item No. 7.2 Agenda Packet Page No. 104 of 447
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

BG-I-015 03 17 Includes copyrighted material of
ISO Properties, Inc., with its permission.

25% MINIMUM EARNED PREMIUM
This endorsement modifies insurance provided under the following:

AUTO DEALERS COVERAGE FORM

COMMERCIAL PROPERTY COVERAGE PART

COMMERCIAL GENERAL LIABILITY COVERAGE PART

COMMERCIAL INLAND MARINE COVERAGE PART

COMMERCIAL EXCESS LIABILITY COVERAGE PART

COMMERCIAL LIABILITY UMBRELLA COVERAGE PART

GARAGE COVERAGE FORM

LIQUOR LIABILITY COVERAGE PART

OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART

PRODUCTS/ COMPLETED OPERATIONS LIABILITY COVERAGE PART
If the first Named Insured or anyone with his, her, its or their power of attorney cancels this policy, then the minimum earned premium shall be 25% of the annual
premium or $100.00, whichever is greater.

All other terms and conditions of this Policy
remain unchanged.

DocuSign Envelope ID: 5E940F8A- 48C6-4D5D- BDB5- 4058F0741BCB Agenda Item No. 7.2 Agenda Packet Page No. 105 of 447
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

IFG-I-1004 11 21 Includes copyrighted material of
ISO Properties, Inc., with its permission.

EXCLUSION – CYBER INCIDENT
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE

PRODUCTS- COMPLETED OPERATIONS COVERAGE PART

OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE

LIQUOR LIABILITY COVERAGE PART

COMMERCIAL EXCESS LIABILITY COVERAGE PART

AUTO DEALERS COVERAGE FORM

GARAGE COVERAGE FORM
A. The following exclusion is added to the Exclusions
section of all coverages under all forms and
endorsements that comprise this Coverage Part,
Coverage Form, endorsement, or Policy and
supersedes any contradictory exclusion in the
Coverage Part, Coverage Form, endorsement, or
Policy to which this coverage applies. This
exclusion applies regardless of any other cause or
event that contributes concurrently or in any
sequence to the "injury or damage".

Exclusion – Cyber Incident:

We will not pay for any "injury or damage" because
of, caused by, arising or resulting, directly or
indirectly, in whole or in part from a "cyber incident".

1. As used in this exclusion " cyber incident"
means:
a) Unauthorized access to, acquisition,
processing, storage, use, dissemination,
publication, disclosure, or diversion of; or
b) Exceeding authorized use, misuse,
alteration, misappropriation, theft, loss, loss
of use, corruption or impairment of, damage
to, inability to access, failure to provide
access to, failure to remove or rectify, failure
to destroy, failure to protect or secure
including, but not limited to, failure to
encrypt), or inability to manipulate;
any person's or organization's confidential
information or personal information including, but
not limited to, patents, trade secrets, processing
methods, customer or customer related information
including, but not limited to, customer lists),
business plans or records, financial information,
personally identifiable information, payment card
information ( including, but not limited to, credit,
debit, or stored value cards), medical or health
information, or any other type or combination of
types of personal data or nonpublic information,
whether such data or information is " electronic
data" or in any other form or media, or any
computer system"; or

2. Malicious code, virus, or any other harmful or
unauthorized code that is directed at, enacted
upon, or introduced into any "computer system"
and is designed to access, alter, corrupt,
damage, delete, destroy, disrupt, encrypt,
exploit, use, prevent or restrict access to, or the
use of " electronic data" or any part of any
computer system", or otherwise disrupt its
normal functioning, use, or operation; or

3. Denial of service attack, denial of access to,
denial or interruption of service, degradation,
loss, loss of use, misappropriation,
transmission, unauthorized use or access,
misuse, delay, alteration, diversion, failure,
destruction, corruption or impairment of,
damage to, or inability to access, operate, host,
use, manage, control or interface with, any
computer system", including any insured's,
other person's, or organization's " computer
system"; or
DocuSign Envelope ID: 5E940F8A- 48C6-4D5D- BDB5- 4058F0741BCB Agenda Item No. 7.2 Agenda Packet Page No. 106 of 447

ISO Properties, Inc., with its permission.

IFG-I-1004 11 21

4. Collection, sale, dissemination, publication, or
disclosure of any person's or organization' s
confidential information, personal information,
or personal data, including, but not limited to,
patents, trade secrets, processing methods,
customer or customer related information
including, but not limited to, customer lists),
business plans or records, financial information,
personally identifiable information, payment
card information ( including, but not limited to,
credit, debit, or stored value cards), medical or
health information, or any other type or
combination of types of personal data or
nonpublic information, whether such data or
information is "electronic data" or in any other
form or media, or any "computer system"; or

5. Loss, loss of use, corruption, or disruption of,
damage to, or inability to access or alter
electronic data" or a "computer system"; or

6. Transfer, payment, or delivery of money or any
form of currency, including virtual currency, in
response to a fraudulent instruction or demand;
or

7. Demand for ransom payments or other extortion
made in connection with the actual or
threatened perpetration of any of the events
described in A.1. – 6.

B. This exclusion applies even if "injury or damage" is claimed for any remediation measures ( including,
but not limited to, notification costs or credit
monitoring), payment card replacement costs,
business interruption, investigation, mitigation or
restoration expenses, fines or penalties, public
relations expenses, or any other damage, injury,
cost, or expense because of, caused by, arising or
resulting from, directly or indirectly, in whole or in
part from a "cyber incident".

C. This exclusion applies to any liability or "injury or damage" because of, caused by, arising or resulting
directly or indirectly, in whole or in part any failure including, but not limited to, failure to timely or
properly act) to notify of, disclose, prepare for,
respond to, protect against, remediate, mitigate, or
comply with any statutory, regulatory, contractual,
common law, or other legal obligation relating to a
cyber incident".

D. This exclusion applies regardless of the cause or
source of any "injury or damage" or the legal theory
asserted, including, but not limited to, occurrences
or offenses reported, claims made, or " suits"
brought against any insured alleging breach of
contract, misrepresentation, unfair or deceptive
trade practices, defamation, violation of a person's
right to privacy, violation of an intellectual property right ( including, but not limited to, copyright,
trademark or patent infringement), negligence,
failure to comply with a legal obligation, or any other wrongdoing, including, but not limited to, the
investigation, supervision, hiring, employment,
training, or monitoring of others or the
investigation, supervision, monitoring, or
intervention with respect to " electronic data",
computer systems" or premises, by any insured or
by any other person or organization acting for or on
behalf of any insured.

E. We will have no duty to investigate or defend any
claim or "suit" that alleges, or is because of, caused
by, arises or results, directly or indirectly, in whole or in part from a " cyber incident" as defined in
Paragraph A.1. – 7. of this endorsement.

F. For the purposes of this exclusion, the following are added to the Definitions section and supersede
any contradictory definitions in the Coverage Part,
Coverage Form, endorsement, or Policy:

Electronic data" means:

Information, facts, files, or computer programs
stored as or on, created or used on, or transmitted
to or from computer software, including systems
and applications software, on hard or floppy disks,
CD-ROMs, tapes, drives, cells, data processing
devices, or any other repositories of computer
software, including, but not limited to, those which
are used with electronically controlled equipment or
any other "computer systems".

Computer systems" means:
a) Computer software, firmware, hardware and
associated input and output devices (including
wireless, mobile, peripheral or component
devices), data storage and data processing
devices, networking equipment, and backup
facilities, including cloud computing devices and
facilities; and
b) Any computer network, network interface, or
network of devices or hardware, including, but
not limited to, communication networks or
devices, computer- controlled devices, operating
and control systems; websites or domains;
intranets, extranets, the internet or any other
internal or external networks ( including, but not
limited to, cloud computing).

DocuSign Envelope ID: 5E940F8A- 48C6-4D5D- BDB5- 4058F0741BCB Agenda Item No. 7.2 Agenda Packet Page No. 107 of 447
IFG-I-1004 11 21 Includes copyrighted material of
ISO Properties, Inc., with its permission.

Injury or damage" means any injury, damages,
loss, cost, or expense, including, but not limited to,
bodily injury", " property damage", " personal or
advertising injury", " covered pollution cost or
expenses", "damages", "injury", "loss", or "ultimate
net loss" as defined or referenced in the Coverage
Part, Coverage Form, endorsement, or Policy to
which this exclusion applies.

All other terms and conditions of the Policy remain
unchanged.

DocuSign Envelope ID: 5E940F8A- 48C6-4D5D- BDB5- 4058F0741BCB Agenda Item No. 7.2 Agenda Packet Page No. 108 of 447

COMMERCIAL EXCESS LIABILITY
IFG-FX-0001 07 17
IFG-FX-0001 07 17 Includes copyrighted material of
ISO Properties, Inc., with its permission.

COMMERCIAL EXCESS LIABILITY COVERAGE FORM
Various provisions in this policy restrict coverage.

Read the entire policy carefully to determine rights,
duties and what is and is not covered.

Throughout this policy the words "you" and "your" refer to the Named Insured shown in the Declarations, and
any other person or organization qualifying as a
Named Insured under this policy. The words "we", "us"
and " our" refer to the company providing this
insurance. The word " insured" means any person or
organization qualifying as such under the " controlling underlying insurance".

Other words and phrases that appear in quotation
marks in this Coverage Part have special meaning.

Refer to Section IV – Definitions. Other words and
phrases that are not defined under this Coverage Part
but are defined in the "controlling underlying insurance" will have the meaning described in the policy of
controlling underlying insurance".

The insurance provided under this Coverage Part will
follow the same provisions, exclusions and limitations
that are contained in the applicable " controlling
underlying insurance", unless otherwise directed by
this insurance. To the extent such provisions differ or conflict, the provisions of this Coverage Part will apply.

However, the coverage provided under this Coverage
Part will not be broader than that provided by the
applicable "controlling underlying insurance".

There may be more than one " controlling underlying
insurance" listed in the Declarations and provisions in those policies conflict, and which are not superseded
by the provisions of this Coverage Part. In such a case, the provisions, exclusions and limitations of the
controlling underlying insurance" applicable to the
particular " event" for which a claim is made or suit is brought will apply.

SECTION I – COVERAGES

1. Insuring Agreement
a. We will pay on behalf of the insured the "ultimate
net loss" in excess of the " retained limit"
because of " injury or damage" to which
insurance provided under this Coverage Part
applies.

We will have the right and duty to defend the
insured against any suit seeking damages for
such " injury or damage" when the applicable
retained limits" of " controlling underlying
insurance" have been exhausted solely by the
payment of the "retained limit" by the "controlling
underlying insurer" in accordance with the
provisions of such " controlling underlying
insurance". Such payments
must be made in satisfaction of judgment or
settlements under the " controlling underlying
insurance" in the full amount of the "controlling
underlying insurance".

When we have no duty to defend, we may
exercise the right to defend at our own expense,
or to participate in the defense of, the insured at
the expense of the " controlling underlying
insurer" against any suit seeking damages for
injury or damage".

However, we will have no duty to defend the
insured against any suit seeking damages for
which insurance under this policy does not apply
or when the " retained limit" of the " controlling
underlying insurance" has not been exhausted
by actual payment of the full amount of the
retained limit" by either the insured or the
controlling underlying insurer(s)".

At our discretion, we may investigate any
event" that may involve this insurance and
settle any resultant claim or suit, for which we
have the duty to defend.

But:
1) The amount we will pay for " ultimate net
loss" is limited as described in Section II –
Limits Of Insurance; and
2) Our right and duty to defend ends when we
have used up the applicable limit of
insurance in the payment of judgments or
settlements under this Coverage Part.

However, if the policy of " controlling
underlying insurance" specifies that limits
are reduced by defense expenses, our right
and duty to defend ends when we have used
up the applicable limit of insurance in the
payment of defense expenses, judgments or
settlements under this Coverage Part.
b. This insurance applies to "injury or damage" that
is subject to an applicable "retained limit". If any
other limit, such as a sublimit, is specified in the
controlling underlying insurance", this
insurance does not apply to "injury or damage"
arising out of that exposure unless that specific
sublimit is specified in the Declarations under
the Schedule of " controlling underlying
insurance".

DocuSign Envelope ID: 5E940F8A- 48C6-4D5D- BDB5- 4058F0741BCB Agenda Item No. 7.2 Agenda Packet Page No. 109 of 447
IFG-FX-0001 07 17 Includes copyrighted material of
ISO Properties, Inc., with its permission.

c. If the " controlling underlying insurance"
requires, for a particular claim, that the "injury or
damage" occur during its policy period in order
for that coverage to apply, then this insurance
will only apply to that " injury or damage" if it
occurs during the policy period of this Coverage
Part. If the " controlling underlying insurance"
requires that the " event" causing the particular
injury or damage" takes place during its policy
period in order for that coverage to apply, then
this insurance will apply to the claim only if the
event" causing that " injury or damage" takes
place during the policy period of this Coverage
Part.
d. Any additional insured under any policy of
controlling underlying insurance" will
automatically be an additional insured under this
insurance. If coverage provided to the additional
insured is required by a contract or agreement,
the most we will pay on behalf of the additional
insured is the amount of insurance required by
the contract, less any amounts payable by any
controlling underlying insurance".

Additional insured coverage provided by this
insurance will not be broader than coverage
provided by the " controlling underlying
insurance" and will be subject to the Other
Insurance condition of this Coverage Part.

2. Exclusions
The following exclusions, and any other exclusions
added by endorsement, apply to this Coverage
Part. In addition, the exclusions applicable to any
controlling underlying insurance" apply to this
insurance unless superseded by the following
exclusions, or superseded by any other exclusions
added by endorsement to this Coverage Part.

Insurance provided under this Coverage Part does
not apply to:
a. Medical Payments
Medical payments coverage or expenses that
are provided without regard to fault, whether or
not provided by the applicable " controlling
underlying insurance".
b. Auto
Any loss, cost or expense payable under or
resulting from any of the following auto
coverages:
1) First-party physical damage coverage;
2) No-fault coverage;
3) Personal injury protection or auto medical
payments coverage; or
4) Uninsured or underinsured motorists'
coverage.
c. Pollution
1)" Injury or damage" caused by or arising,
directly or indirectly, in whole or in part, out
of the actual, alleged or threatened
discharge, dispersal, disposal, seepage,
migration, release or escape of "pollutants"
at any time.
2) Any loss, cost or expense caused by or
arising, directly or indirectly, in whole or in
part out of any:
a) Request, demand, order or statutory or
regulatory requirement that any insured
or others test for, monitor, clean up,
remove, contain, treat, detoxify or
neutralize, or in any way respond to, or
assess the effects of, "pollutants"; or
b) Claim or suit by or on behalf of a
governmental authority for damages
because of testing for, monitoring,
cleaning up, removing, containing,
treating, detoxifying or neutralizing, or in
any way responding to, or assessing the
effects of, "pollutants".

This exclusion applies whether or not such
pollutants" have any function in your business,
operations, premises, site or location or
constitutes your product or is a component of
your product or products you use.

This exclusion does not apply to the extent that
valid " controlling underlying insurance" for the
pollution" liability risks described above exists
or would have existed but for the exhaustion of
underlying limits for "injury or damage" covered
under this Coverage Part.
d. Workers' Compensation And Similar Laws
Any obligation of the insured under a workers'
compensation, disability benefits or
unemployment compensation law or any similar
law.

SECTION II – LIMITS OF INSURANCE

1. The Limits of Insurance shown in the Declarations,
and the rules below fix the most we will pay
regardless of the number of:
a. Insureds;
b. Claims made or suits brought, or number of
vehicles involved;
c. Persons or organizations making claims or
bringing suits; or
d. Limits available under any " controlling
underlying insurance".

2. The Limits of Insurance of this Coverage Part will
apply as follows:

DocuSign Envelope ID: 5E940F8A- 48C6-4D5D- BDB5- 4058F0741BCB Agenda Item No. 7.2 Agenda Packet Page No. 110 of 447
IFG-FX-0001 07 17 Includes copyrighted material of
ISO Properties, Inc., with its permission.

a. This insurance only applies in excess of the
retained limit".
b. The Aggregate Limit is the most we will pay for
the sum of all "ultimate net loss", for all "injury or
damage" covered under this Coverage Part.

However, this Aggregate Limit only applies to
injury or damage":
1) that is subject to an aggregate limit of
insurance under the " controlling underlying
insurance"; and
2) to which insurance provided under this
Coverage Part applies.
c. Subject to Paragraph 2.b. above, the Each
Occurrence Limit is the most we will pay for the
sum of all " ultimate net loss" under this
insurance because of all " injury or damage"
arising out of any one " event" and to which
insurance provided under this Coverage Part
applies.
d. If the Limits of Insurance of the " controlling
underlying insurance" are reduced by defense
expenses by the terms of that policy, any
payments for defense expenses we make will
reduce our applicable Limits of Insurance in the
same manner.

3. If any " controlling underlying insurance" has a
policy period that is different from the policy period
of this Coverage Part then, for the purposes of this
insurance, the "retained limit" will only be reduced
or exhausted by payments made for " injury or
damage" covered under this insurance.

The Aggregate Limit of this Coverage Part applies
separately to each consecutive annual period of this
Coverage Part and to any remaining period of this
Coverage Part of less than 12 months, starting with the beginning of the policy period shown in the
Declarations, unless the policy period is extended after issuance for an additional period of less than 12
months. In that case, the additional period will be
deemed part of the last preceding period for purposes
of determining the Limits of Insurance.

SECTION III – CONDITIONS
The following conditions apply. In addition, the
conditions applicable to any " controlling underlying
insurance" are also applicable to the coverage
provided under this insurance unless superseded by
the following conditions.

1. Appeals
If the " controlling underlying insurer" or insured
elects not to appeal a judgment in excess of the
amount of the "retained limit", we may do so at our
own expense. We will also pay for taxable court
costs, pre- and postjudgment interest and
disbursements associated with such appeal. In no
event will this provision increase our liability beyond the applicable Limits of Insurance described in
Section II – Limits Of Insurance.

2. Bankruptcy
a. Bankruptcy Of Insured
Bankruptcy, insolvency, rehabilitation or
liquidation of, or financial inability to pay by the
insured or the insured's estate will not relieve us
of our obligations under this Coverage Part
provided the " retained limit" has been
exhausted solely by the actual payment of the
full amount of the " retained limit" by the
controlling underlying insurer(s)", the insured,
or the insured's estate. Our obligation under this
Coverage Part will only apply to the "ultimate net
loss" in excess of the "retained limit".
b. Bankruptcy Of Controlling Underlying
Insurer
Bankruptcy, insolvency, rehabilitation or
liquidation of, or inability or refusal to pay by the
controlling underlying insurer" will not relieve us
of our obligations under this Coverage Part
provided the "retained limit" is exhausted as set
forth in paragraph 2.c. below.
c. No Drop Down/No Gap-Filling
Insurance provided under this Coverage Part
will not drop down or replace any " controlling
underlying insurance":
1) in the event of bankruptcy, insolvency,
rehabilitation or liquidation of, or inability or
refusal to pay the " retained limit" by the
controlling underlying insurer(s)", the
insured or the insured's estate; or
2) if the " controlling underlying insurance" is
exhausted by payment of losses not covered
by insurance provided under this Coverage
Part.

In the event of the bankruptcy, insolvency,
rehabilitation or liquidation of, or inability or
refusal of the "controlling underlying insurer(s)"
to pay the " retained limit" or defense costs if
outside the limit of liability of the " controlling
underlying insurance", the insured will be
obligated to pay that amount of the " retained
limit" or defense costs not actually paid by the
controlling underlying insurer(s)".

DocuSign Envelope ID: 5E940F8A- 48C6-4D5D- BDB5- 4058F0741BCB Agenda Item No. 7.2 Agenda Packet Page No. 111 of 447
IFG-FX-0001 07 17 Includes copyrighted material of
ISO Properties, Inc., with its permission.

In no event will our obligations under this
Coverage Part be expanded by the loss of or
partial payment of the " retained limit" by the
controlling underlying insurer" or its successor
or assigns or any state guarantee fund or
liquidation bureau.

3. Duties In The Event Of An Event, Claim Or Suit
a. You must see to it that we are notified as soon
as practicable of an "event", regardless of the
amount, which may result in a claim under this
insurance. To the extent possible, notice should
include:
1) How, when and where the " event" took
place;
2) The names and addresses of any injured
persons and witnesses; and
3) The nature and location of any " injury or
damage" arising out of the "event".
b. If a claim is made or suit is brought against any
insured, you must:
1) Immediately record the specifics of the claim
or suit and the date received; and
2) Notify us as soon as practicable.

You must see to it that we receive written notice
of the claim or suit as soon as practicable.
c. You and any other insured involved must:
1) Immediately send us copies of any
demands, notices, summonses or legal
papers received in connection with the claim
or suit;
2) Authorize us to obtain records and other
information;
3) Cooperate with us in the investigation or
settlement of the claim or defense against
the suit; and
4) Assist us, upon our request, in the
enforcement of any right against any person
or organization which may be liable to the
insured because of " injury or damage" to
which this insurance may also apply.
d. No insured will, except at that insured's own
cost, voluntarily make a payment, assume any
obligation, or incur any expense, other than for
first aid, without our consent.

4. First Named Insured Duties
The first Named Insured is the person or
organization first named in the Declarations and is
responsible for the payment of all premiums. The
first Named Insured will act on behalf of all other
Named Insureds for giving and receiving of notice
of cancellation or the receipt of any return premium
that may become payable.

At our request, the first Named Insured must furnish
us, within 60 days, with a complete copy of any
controlling underlying insurance" and any
subsequently issued endorsements or policies
which may in any way affect the insurance provided
under this Coverage Part.

5. Cancellation
a. The first Named Insured shown in the
Declarations may cancel this policy by mailing
or delivering to us advance written notice of
cancellation.
b. We may cancel this policy by mailing or
delivering to the first Named Insured written
notice of cancellation at least:
1) 10 days before the effective date of
cancellation if we cancel for nonpayment of
premium; or
2) 30 days before the effective date of
cancellation if we cancel for any other
reason.
c. We will mail or deliver our notice to the first
Named Insured's last mailing address known to
us.
d. Notice of cancellation will state the effective
date of cancellation. The policy period will end
on that date.
e. If this policy is cancelled, we will send the first
Named Insured any premium refund due. If we
cancel, the refund will be pro rata. If the first
Named Insured cancels, the refund may be less
than pro rata. The cancellation will be effective
even if we have not made or offered a refund.
f. If notice is mailed, proof of mailing will be
sufficient proof of notice.

DocuSign Envelope ID: 5E940F8A- 48C6-4D5D- BDB5- 4058F0741BCB Agenda Item No. 7.2 Agenda Packet Page No. 112 of 447
IFG-FX-0001 07 17 Includes copyrighted material of
ISO Properties, Inc., with its permission.

6. Changes
This Coverage Part contains all the agreements
between you and us concerning the insurance
afforded. The first Named Insured is authorized by
all other insureds to make changes in the terms of
this Coverage Part with our consent. If we exercise
our right to request a complete copy of any
controlling underlying insurance" and any
subsequently issued endorsements or policies
which may in any way affect the insurance provided
under this Coverage Part, we reserve the right to
make changes to the terms of this Coverage Part.

This Coverage Part's terms can be amended or
waived only by endorsement.

7. Maintenance Of/Changes To Controlling
Underlying Insurance
Any " controlling underlying insurance", including
any renewals or replacements, must be maintained
in full effect without reduction of coverage or
retained limits" except for the reduction of
aggregate limits in accordance with the provisions
of such " controlling underlying insurance" that
results from " injury or damage" to which this
insurance under this Coverage Part applies.

Such exhaustion or reduction is not a failure to
maintain " controlling underlying insurance". Failure
to maintain " controlling underlying insurance" will
not invalidate insurance provided under this
Coverage Part, but insurance provided under this
Coverage Part will apply as if the " controlling
underlying insurance" were in full effect at the time
the " event" took place and is subsequently
exhausted solely by the payment of the "retained
limit". Such "retained limit" will be equal to the full amount of " controlling underlying insurance" and
such payment has been made to the claimant( s) or
plaintiff(s).

The first Named Insured must notify us in writing,
as soon as practicable, if any " controlling
underlying insurance" is cancelled, not renewed,
replaced or otherwise terminated, or if the limits or
scope of coverage of any " controlling underlying
insurance" is changed. These changes will not
apply to our policy unless we agree to them in
writing.

8. Other Insurance
a. This insurance is excess over, and shall not
contribute with any of the other insurance,
whether primary, excess, contingent, or issued
to an additional insured, or on any other basis.

If the insured is named as or qualifies as an
additional insured on any other policy, whether
primary or excess, such other insurance is
primary to this insurance and may not be
applied to reduce or exhaust the "retained limit".

The " retained limit" may be reduced or
exhausted only by actual payment of the
retained limit" by the " controlling underlying
insurer," the insured or the insured's estate.

This condition will not apply to insurance
specifically written as excess over this
Coverage Part.

When this insurance is excess, if no other
insurer defends, we may undertake to do so, but
we will be entitled to the insured's rights against
all those other insurers.
b. When this insurance is excess over other
insurance, we will pay only our share of the
ultimate net loss" that exceeds the sum of:
1) The total amount that all such other
insurance would pay for the loss in the
absence of the insurance provided under
this Coverage Part; and
2) The total of all deductible and self-insured
amounts under all that other insurance.

9. Premium Audit
a. We will compute all premiums for this Coverage
Part in accordance with our rules and rates.
b. If this policy is auditable, the premium shown in
this Coverage Part as advance premium is a
deposit premium only. At the close of each audit
period, we will compute the earned premium for
that period and send notice to the first Named
Insured. The due date for audit premium is the
date shown as the due date on the bill. If the
sum of the advance and audit premiums paid for
the policy period is greater than the earned
premium, we will return the excess to the first
Named Insured.
c. The first Named Insured must keep records of
the information we need for premium
computation, and send us copies at such times
as we may request.

10.Loss Payable
Liability under this Coverage Part does not apply to
a given claim unless and until:

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IFG-FX-0001 07 17 Includes copyrighted material of
ISO Properties, Inc., with its permission.

a. The insured or the " controlling underlying
insurer" has become obligated to pay and has
actually paid the full amount of the " retained
limit";
b. All applicable other insurance has been
exhausted; and
c. The obligation of the insured to pay "ultimate net
loss" in excess of the "retained limit" has been
determined by a final judgment or settlement by
the insured with the written consent of us, such
consent not to be unreasonably withheld.

11.Legal Action Against Us
No person or organization has a right under this
Coverage Part:
a. To join us as a party or otherwise bring us into a
suit asking for damages from an insured; or
b. To sue us on this Coverage Part unless all of its
terms have been fully complied with.

A person or organization may sue us to recover on
an agreed settlement or on a final judgment against
an insured; but we will not be liable for damages
that are not payable under the terms of this
Coverage Part or that are in excess of the
applicable limit of insurance. An agreed settlement
means a settlement and release of liability signed
by us, the insured, " controlling underlying insurer"
and the claimant or the claimant's legal
representative.

12.Transfer Of Defense
a. Defense Transferred To Us
When the limits of " controlling underlying
insurance" have been exhausted, in accordance
with the provisions of " controlling underlying
insurance", we may elect to have the defense
transferred to us. We will cooperate in the
transfer of control to us of any outstanding
claims or suits seeking damages to which this
insurance applies and which would have been
covered by the " controlling underlying
insurance" had the applicable limit not been
exhausted.
b. Defense Transferred By Us
When our limits of insurance have been
exhausted our duty to provide a defense will
cease.

We will cooperate in the transfer of control of
defense to any insurer specifically written as
excess over this Coverage Part of any
outstanding claims or suits seeking damages to
which this insurance applies and which would
have been covered by the " controlling
underlying insurance" had the applicable limit
not been exhausted.

In the event that there is no insurance written as
excess over this Coverage Part, we will
cooperate in the transfer of control to the
insured and its designated representative.

13.When We Do Not Renew
If we decide not to renew this Coverage Part, we
will mail or deliver to the first Named Insured shown
in the Declarations written notice of the nonrenewal
not less than 30 days before the expiration date.

If notice is mailed, proof of mailing will be sufficient proof of notice.

SECTION IV – DEFINITIONS
The definitions applicable to any "controlling underlying insurance" also apply to this insurance. In addition, the following definitions apply.

1." Controlling underlying insurance" means any
policy of insurance or self-insurance listed in the
Declarations under the Schedule of " controlling
underlying insurance".

2." Controlling underlying insurer" means any insurer
who provides any policy of insurance listed in the
Declarations under the Schedule of " controlling
underlying insurance".

3." Event" means an occurrence, offense, accident,
act, or other event, to which the applicable
controlling underlying insurance" applies.

4." Injury or damage" means any injury or damage,
covered in the applicable " controlling underlying
insurance" arising from an "event".

5." Pollutants" mean any solid, liquid, gaseous,
bacterial, fungal, or thermal substance or material,
that is harmful, toxic or hazardous to persons,
plants, animals, wildlife or other living organisms or
can cause contamination to property, air, land or
water, which includes but is not limited to smoke,
vapor, soot, fumes, acids, alkalis, chemicals,
mineral spirits, solvents, insecticides, pesticides,
fungicides, motor fuels, gasoline, diesel fuel, motor
oil or any other petroleum based product, brake
fluid, transmission fluid, antifreeze, lead paint, or
other lead containing substances, carbon
monoxide fumes or other exhaust gases, welding
fumes, paint fumes, adhesive or glue fumes,
asbestos, silica, human or animal sewage and
waste.

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IFG-FX-0001 07 17 Includes copyrighted material of
ISO Properties, Inc., with its permission.

Waste includes but is not limited to materials to be
recycled, reconditioned or reclaimed. A pollutant
also includes any substance or material listed,
identified or described in any municipal, state or
federal environmental statute or regulation that
applies to the production, shipping, handling,
storage, use, processing, recycling or disposal of
such substance or material.

6." Retained limit" means the available limits of
controlling underlying insurance" applicable to the
claim, excluding any deductible paid or self-insured
retention under the " controlling underlying
insurance" which must be satisfied in accordance
with the provisions of that policy before any
obligation to pay an " ultimate net loss". The
retained limit" does not include:
a. any losses excluded by this Coverage Part; or
b. any defense expenses unless the " controlling
underlying insurance" specifies that limits are
reduced by defense expenses.

7." Ultimate net loss" means the total sum, of
damages covered under this Coverage Part, after
reduction for recoveries, or salvages collectible,
that the insured becomes legally obligated to pay
as damages by reason of:
a. Settlements, judgments, binding arbitration; or
b. Other binding alternate dispute resolution
proceeding entered into with our consent.

Ultimate net loss" includes defense expenses if the
controlling underlying insurance" specifies that
limits are reduced by defense expenses.

DocuSign Envelope ID: 5E940F8A- 48C6-4D5D- BDB5- 4058F0741BCB Agenda Item No. 7.2 Agenda Packet Page No. 115 of 447
POLICY NUMBER: 263BE08231 COMMERCIAL EXCESS LIABILITY
CX 21 10 04 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

CX 21 10 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1

LIMITATION OF COVERAGE TO DESIGNATED

PREMISES OR PROJECT
This endorsement modifies insurance provided under the following:

COMMERCIAL EXCESS LIABILITY COVERAGE PART

SCHEDULE
Premises:

City of Gilroy Christopher High School Aquatics Center
Project:

Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

Insurance provided under this Coverage Part applies
only to "injury or damage" arising out of:

1. The ownership, maintenance or use of the
premises shown in the Schedule and operations
necessary or incidental to those premises; or

2. The project shown in the Schedule.

DocuSign Envelope ID: 5E940F8A- 48C6-4D5D- BDB5- 4058F0741BCB Agenda Item No. 7.2 Agenda Packet Page No. 116 of 447
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

IFG-FX-0230 01 21 Includes copyrighted material of
ISO Properties, Inc., with its permission.

EXCLUSION OF CERTIFIED ACTS OF TERRORISM AND

EXCLUSION OF OTHER ACTS OF TERRORISM

COMMITTED OUTSIDE THE UNITED STATES
This endorsement modifies insurance provided under the following:

COMMERCIAL EXCESS LIABILITY COVERAGE PART
Any endorsement addressing acts of terrorism
however defined) in any " controlling underlying
insurance" does not apply to this excess insurance.

The following provisions addressing acts of terrorism
apply with respect to this excess insurance:

A. The following exclusion is added to Paragraph 2.

Exclusions of Section I – Coverages:

2. Exclusions

TERRORISM
Any " injury or damage" caused by or arising,
directly or indirectly, in whole or in part out of a
certified act of terrorism", or out of an "other act
of terrorism" that is committed outside of the
United States ( including its territories and
possessions and Puerto Rico), but within the
coverage territory. However, with respect to an
other act of terrorism", this exclusion applies
only when one or more of the following are
attributed to such act:

1. The total of insured damage to all types of
property exceeds $25,000,000 (valued in US
dollars). In determining whether the
25,000,000 threshold is exceeded, we will
include all insured damage sustained by
property of all persons and entities affected
by the terrorism and business interruption
losses sustained by owners or occupants of
the damaged property. For the purpose of
this provision, insured damage means
damage that is covered by any insurance
plus damage that would be covered by any
insurance but for the application of any
terrorism exclusions; or

2. Fifty or more persons sustain death or
serious physical injury. For the purposes of
this provision, serious physical injury means:
a. Physical injury that involves a substantial
risk of death; or
b. Protracted and obvious physical
disfigurement; or
c. Protracted loss of or impairment of the
function of a bodily member or organ; or

3. The terrorism involves the actual, alleged,
threatened, or attempted use, release,
escape, dispersal or application of nuclear
materials or directly or indirectly results in
nuclear reaction or radiation or radioactive
contamination; or

4. Nuclear or radioactive materials are
released and it is reasonably believed by us
that one purpose of the terrorism was to
release such materials; or

5. The terrorism is carried out by means of the
actual, alleged, threatened, or attempted
use, release, escape, dispersal or
application of pathogenic or poisonous
biological or chemical materials; or

6. Pathogenic or poisonous biological or
chemical materials are released and it is
reasonably believed by us that one purpose
of the terrorism was to release such
materials.

This exclusion applies even if the claims against
any insured allege negligence or other
wrongdoing in the providing or failure to provide
warnings, protection, or safeguards against
such acts.

With respect to this exclusion, Paragraphs 1.
and 2. describe the thresholds used to measure
the magnitude of an incident of an "other act of
terrorism" and the circumstances in which the
threshold will apply for the purpose of
determining whether this exclusion will apply to
that incident.

B. For the purposes of this endorsement, the following
is added to the Definitions section:

DocuSign Envelope ID: 5E940F8A- 48C6-4D5D- BDB5- 4058F0741BCB Agenda Item No. 7.2 Agenda Packet Page No. 117 of 447

ISO Properties, Inc., with its permission.

IFG-FX-0230 01 21

1." Certified act of terrorism" means an act that is
certified by the Secretary of the Treasury, in
accordance with the provisions of the federal
Terrorism Risk Insurance Act, to be an act of
terrorism pursuant to such Act. The criteria
contained in the Terrorism Risk Insurance Act
for a " certified act of terrorism" include the
following:
a. The act resulted in insured losses in excess
of $5 million in the aggregate, attributable to
all types of insurance subject to the
Terrorism Risk Insurance Act;
b. The act resulted in damage:
1) Within the United States ( including its
territories and possessions and Puerto
Rico); or
2) Outside of the United States in the case
of:
a) An air carrier ( as defined in Section
40102 of title 49, United States Code)
or United States flag vessel ( or a
vessel based principally in the United
States, on which United States
income tax is paid and whose
insurance coverage is subject to
regulation in the United States),
regardless of where the loss occurs;
or
b) The premises of any United States
mission; and
c. The act is a violent act or an act that is
dangerous to human life, property, or
infrastructure and is committed by an
individual or individuals as part of an effort to
coerce the civilian population of the United
States or to influence the policy or affect the
conduct of the United States Government by
coercion.

2. " Other act of terrorism" means a violent act or
an act that is dangerous to human life, property,
or infrastructure that is committed by an
individual or individuals and it is reasonably
believed by us to be part of an effort to coerce a
civilian population or to influence the policy or
affect the conduct of any government by
coercion, and the act is not a " certified act of
terrorism".

Multiple incidents of an "other act of terrorism"
which occur within a 72-hour period and appear
to be carried out in concert or to have a related
purpose or common leadership shall be
considered to be one incident.

C. The terms and limitations of any terrorism
exclusion, or the inapplicability or omission of a
terrorism exclusion, do not serve to create
coverage for "injury or damage" that is otherwise
excluded under this Coverage Part.

All other terms and conditions of this Policy remain
unchanged.

DocuSign Envelope ID: 5E940F8A- 48C6-4D5D- BDB5- 4058F0741BCB Agenda Item No. 7.2 Agenda Packet Page No. 118 of 447
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

IFG-FX-0231 01 21 Includes copyrighted material of
ISO Properties, Inc. with its permission.

AUTO COVERAGE – EXCLUSION OF TERRORISM
This endorsement modifies insurance provided under the following:

COMMERCIAL EXCESS LIABILITY COVERAGE PART
Any endorsement addressing acts of terrorism
however defined) in any " controlling underlying
insurance" does not apply to this excess insurance.

A. The provisions of this endorsement:

1. Apply only to any "injury or damage" caused by
or arising, directly or indirectly, in whole or in
part out of the ownership, maintenance, or use
of any auto that is a covered auto under this
Coverage Part; and

2. Supersede the provisions of any other
endorsement addressing terrorism attached to
this Coverage Part but only with respect to any
injury or damage" caused by or arising, directly
or indirectly, in whole or in part out of the
ownership, maintenance, or use of any auto that
is a covered auto.

B. The following exclusion is added to Paragraph 2.

Exclusions of Section I – Coverages:

2. Exclusions

TERRORISM
We will not pay for any " injury or damage"
caused by or arising, directly or indirectly, in
whole or in part out of an act of " terrorism",
including action in hindering or defending
against an actual or expected incident of
terrorism". Any "injury or damage" is excluded
regardless of any other cause or event that
contributes concurrently or in any sequence to
such injury or damage. However, this exclusion
applies only when one or more of the following
are attributed to an act of "terrorism":

1. The "terrorism" involves the actual, alleged,
threatened, or attempted use, release,
escape, dispersal or application of nuclear
materials or directly, or indirectly results in
nuclear reaction, or radiation or radioactive
contamination; or

2. Nuclear or radioactive materials are
released and it is reasonably believed by us
that one purpose of the "terrorism" was to
release such materials; or

3. The "terrorism" is carried out by means of the
actual, alleged, threatened, or attempted
use, release, escape, dispersal or
application of pathogenic or poisonous
biological or chemical materials; or

4. Pathogenic or poisonous biological or
chemical materials are released and it is
reasonably believed by us that one purpose
of the " terrorism" was to release such
materials; or

5. The total of insured damage to all types of
property exceeds $25,000,000 (valued in US
dollars). In determining whether the
25,000,000 threshold is exceeded, we will
include all insured damage sustained by
property of all persons and entities affected
by the "terrorism" and business interruption
losses sustained by owners or occupants of
the damaged property. For the purpose of
this provision, insured damage means
damage that is covered by any insurance
plus damage that would be covered by any
insurance but for the application of any
terrorism exclusions; or

6. Fifty or more persons sustain death or
serious physical injury. For the purposes of
this provision, serious physical injury means:
a. Physical injury that involves a substantial
risk of death; or
b. Protracted and obvious physical
disfigurement; or
c. Protracted loss of or impairment of the
function of a bodily member or organ.

Multiple incidents of " terrorism" which occur
within a 72-hour period and it is reasonably
believed by us to be carried out in concert or to
have a related purpose or common leadership
will be deemed to be one incident, for the
purpose of determining whether the thresholds
in Paragraph B.5. or B.6. are exceeded.

This exclusion applies even if the claims against
any insured allege negligence or other
wrongdoing in the providing or failure to provide
warnings, protection, or safeguards against
such acts.

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ISO Properties, Inc. with its permission.

IFG-FX-0231 01 21
With respect to this exclusion, Paragraphs B.5.
and B.6. describe the thresholds used to
measure the magnitude of an incident of
terrorism" and the circumstances in which the
threshold will apply, for the purpose of
determining whether this exclusion will apply to
that incident. When the exclusion applies to an
incident of " terrorism", there is no coverage
under this Coverage Part.

In the event of any incident of "terrorism" that is
not subject to this exclusion, coverage does not
apply to any "injury or damage" that is otherwise
excluded under this Coverage Part.

C. For the purposes of this endorsement, the following
is added to the Definitions section:

1." Terrorism" means acts against persons,
organizations or property of any nature:
a. That involve the following or preparation for
the following:
1) Use or threat of force or violence; or
2) Commission or threat of a dangerous act;
or
3) Commission or threat of an act that
interferes with or disrupts an electronic,
communication, information, or
mechanical system; and
b. When one or both of the following applies:
1) The effect is to intimidate or coerce a
government or the civilian population or
any segment thereof, or to disrupt any
segment of the economy; or
2) It appears that the intent is to intimidate
or coerce a government, or to further
political, ideological, religious, social or
economic objectives or to express ( or
express opposition to) a philosophy or
ideology.

All other terms and conditions of thisPolicy remain
unchanged.

DocuSign Envelope ID: 5E940F8A- 48C6-4D5D- BDB5- 4058F0741BCB Agenda Item No. 7.2 Agenda Packet Page No. 120 of 447

COMMERCIAL EXCESS LIABILITY
CX 21 01 09 08
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

CX 21 01 09 08 © ISO Properties, Inc., 2007 Page 1 of 2

NUCLEAR ENERGY LIABILITY

EXCLUSION ENDORSEMENT

BROAD FORM)
This endorsement modifies insurance provided under the following:

COMMERCIAL EXCESS LIABILITY COVERAGE PART
The following exclusion is added to Paragraph 2.,
Exclusions:

2. Exclusions

NUCLEAR ENERGY LIABILITY
a. Under any Liability Coverage, to " injury or
damage":
1) With respect to which an insured under the
policy is also an insured under a nuclear
energy liability policy issued by Nuclear
Energy Liability Insurance Association,
Mutual Atomic Energy Liability Underwriters,
Nuclear Insurance Association of Canada or
any of their successors, or would be an
insured under any such policy but for its
termination upon exhaustion of its limit of
liability; or
2) Resulting from the "hazardous properties" of
nuclear material" and with respect to which
a) any person or organization is required to
maintain financial protection pursuant to the
Atomic Energy Act of 1954, or any law
amendatory thereof, or (b) the insured is, or
had this policy not been issued would be,
entitled to indemnity from the United States
of America, or any agency thereof, under
any agreement entered into by the United
States of America, or any agency thereof,
with any person or organization.
b. Under any Liability Coverage, to " injury or
damage" resulting from "hazardous properties"
of "nuclear material", if:
1) The "nuclear material" ( a) is at any "nuclear
facility" owned by, or operated by or on
behalf of, an insured or ( b) has been
discharged or dispersed therefrom;
2) The "nuclear material" is contained in "spent
fuel" or " waste" at any time possessed,
handled, used, processed, stored,
transported or disposed of, by or on behalf of
an insured; or
3) The " injury or damage" arises out of the
furnishing by an insured of services,
materials, parts or equipment in connection
with the planning, construction,
maintenance, operation or use of any
nuclear facility", but if such facility is located
within the United States of America, its
territories or possessions or Canada, this
Exclusion ( 3) applies only to property
damage to such " nuclear facility" and any
property thereat.
c. As used in this endorsement:

Hazardous properties" includes radioactive,
toxic or explosive properties.

Nuclear material" means " source material",
special nuclear material" or " by-product
material".

Source material", " special nuclear material",
and " by-product material" have the meanings
given them in the Atomic Energy Act of 1954 or
in any law amendatory thereof.

Spent fuel" means any fuel element or fuel
component, solid or liquid, which has been used
or exposed to radiation in a "nuclear reactor".

Waste" means any waste material ( a)
containing " by-product material" other than the
tailings or wastes produced by the extraction or
concentration of uranium or thorium from any
ore processed primarily for its "source material"
content, and (b) resulting from the operation by
any person or organization of any " nuclear
facility" included under the first two paragraphs
of the definition of "nuclear facility".

Nuclear facility" means:
a) Any "nuclear reactor";
b) Any equipment or device designed or
used for ( 1) separating the isotopes of
uranium or plutonium, ( 2) processing or
utilizing " spent fuel", or ( 3) handling,
processing or packaging " waste";
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c) Any equipment or device used for the
processing, fabricating or alloying of
special nuclear material" if at any time
the total amount of such material in the
custody of the "insured" at the premises
where such equipment or device is
located consists of or contains more than
25 grams of plutonium or uranium 233 or
any combination thereof, or more than
250 grams of uranium 235;
d) Any structure, basin, excavation,
premises or place prepared or used for
the storage or disposal of "waste";
and includes the site on which any of the
foregoing is located, all operations conducted
on such site and all premises used for such
operations.

Nuclear reactor" means any apparatus
designed or used to sustain nuclear fission in a
self-supporting chain reaction or to contain a
critical mass of fissionable material.

Injury or damage" includes all forms of
radioactive contamination of property.

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COMMERCIAL EXCESS LIABILITY
CX 21 11 04 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

CX 21 11 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 EXCLUSION – ABUSE OR MOLESTATION
This endorsement modifies insurance provided under the following:

COMMERCIAL EXCESS LIABILITY COVERAGE PART
The following exclusion is added to Paragraph 2.

Exclusions of Section I – Coverages:

2. Exclusions
Insurance provided under this Coverage Part does
not apply to "injury or damage" arising out of:
a. The actual or threatened abuse or molestation
by anyone of any person while in the care,
custody or control of any insured; or
b. The negligent:
1) Employment;
2) Investigation;
3) Supervision;
4) Reporting to the proper authorities, or failure
to so report; or
5) Retention;
of a person for whom any insured is or ever was
legally responsible and whose conduct would be
excluded by Paragraph a. above.

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COMMERCIAL EXCESS LIABILITY
CX 21 17 04 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

CX 21 17 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 EXCLUSION – COMMUNICABLE DISEASE
This endorsement modifies insurance provided under the following:

COMMERCIAL EXCESS LIABILITY COVERAGE PART
The following exclusion is added to Paragraph 2.

Exclusions of Section I – Coverages:

2. Exclusions
Insurance provided under this Coverage Part does
not apply to:

Communicable Disease
Injury or damage" arising out of the actual or
alleged transmission of a communicable disease.

This exclusion applies even if the claims against
any insured allege negligence or other wrongdoing
in the:
a. Supervising, hiring, employing, training or
monitoring of others that may be infected with
and spread a communicable disease;
b. Testing for a communicable disease;
c. Failure to prevent the spread of the disease; or
d. Failure to report the disease to authorities.

DocuSign Envelope ID: 5E940F8A- 48C6-4D5D- BDB5- 4058F0741BCB Agenda Item No. 7.2 Agenda Packet Page No. 124 of 447

COMMERCIAL EXCESS LIABILITY
CX 21 19 04 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

CX 21 19 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 EXCLUSION – EMPLOYMENT- RELATED PRACTICES
This endorsement modifies insurance provided under the following:

COMMERCIAL EXCESS LIABILITY COVERAGE PART
The following exclusion is added to Paragraph 2.

Exclusions of Section I – Coverages:

2. Exclusions
Insurance provided under this Coverage Part does
not apply to "injury or damage" to:
a. A person arising out of any:
1) Refusal to employ that person;
2) Termination of that person's employment; or
3) Employment-related practices, policies, acts
or omissions, such as coercion, demotion,
evaluation, reassignment, discipline,
defamation, harassment, humiliation,
discrimination or malicious prosecution
directed at that person; or
b. The spouse, child, parent, brother or sister of
that person as a consequence of " injury or
damage" to that person at whom any of the
employment- related practices described in
Paragraph (1), (2) or (3) above is directed.

This exclusion applies whether the injury-causing
event described in Paragraph ( 1), (2) or (3) above
occurs before employment, during employment or
after employment of that person.

This exclusion applies whether the insured may be
liable as an employer or in any other capacity, and
to any obligation to share damages with or repay
someone else who must pay damages because of
the injury.

DocuSign Envelope ID: 5E940F8A- 48C6-4D5D- BDB5- 4058F0741BCB Agenda Item No. 7.2 Agenda Packet Page No. 125 of 447

COMMERCIAL EXCESS LIABILITY
CX 21 20 04 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

CX 21 20 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 EXCLUSION – PROFESSIONAL SERVICES
This endorsement modifies insurance provided under the following:

COMMERCIAL EXCESS LIABILITY COVERAGE PART
The following exclusion is added to Paragraph 2.

Exclusions of Section I – Coverages:

2. Exclusions
Insurance provided under this Coverage Part does
not apply to "injury or damage" due to the rendering
of or failure to render any professional service. This
includes but is not limited to:
a. Legal, accounting or advertising services;
b. Preparing, approving, or failing to prepare or
approve, maps, shop drawings, opinions,
reports, surveys, field orders, change orders or
drawings or specifications;
c. Inspection, supervision, quality control,
architectural or engineering activities done by or
for you on a project on which you serve as
construction manager;
d. Engineering services, including related
supervisory or inspection services;
e. Medical, surgical, dental, X-ray or nursing
services treatment, advice or instruction;
f. Any health or therapeutic service treatment,
advice or instruction;
g. Any service, treatment, advice or instruction for
the purpose of appearance or skin
enhancement, hair removal or replacement, or
personal grooming or therapy;
h. Any service, treatment, advice or instruction
relating to physical fitness, including service,
treatment, advice or instruction in connection
with diet, cardiovascular fitness, bodybuilding or
physical training programs;
i. Optometry or optical or hearing aid services
including the prescribing, preparation, fitting,
demonstration or distribution of ophthalmic
lenses and similar products or hearing aid
devices;
j. Body piercing services;
k. Services in the practice of pharmacy;
l. Law enforcement or firefighting services; and
m. Handling, embalming, disposal, burial,
cremation or disinterment of dead bodies.

This exclusion applies even if the claims against
any insured allege negligence or other wrongdoing
in the supervision, hiring, employment, training or
monitoring of others by that insured, if the "event"
which caused the "injury or damage" involved the
rendering of or failure to render any professional
service.

DocuSign Envelope ID: 5E940F8A- 48C6-4D5D- BDB5- 4058F0741BCB Agenda Item No. 7.2 Agenda Packet Page No. 126 of 447
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

IFG-FX-0012 07 17 Includes copyrighted material of
ISO Properties, Inc., with its permission.

EXCLUSION – AUTO LIABILITY
This endorsement modifies insurance provided under the following:

Index:FormName":=" IFG-FX-0012 07 17"|~

COMMERCIAL EXCESS LIABILITY COVERAGE PART
The following exclusion is added to Paragraph 2.

Exclusions of Section I – Coverages:

2. Exclusions
Insurance provided under this Coverage Part does
not apply to:

Auto Liability
Any "injury or damage" caused by or arising out of
the ownership, maintenance, use, or entrustment
to others of any auto. Use includes operation and
loading or unloading.

This exclusion applies even if the claims against
any insured allege negligence or other wrongdoing
in the supervision, hiring, employment, training or
monitoring of others by that insured.

All other terms and conditions of this Policy
remain unchanged.

Image:XDisplace":="- 0.25"|~
Image:YDisplace":="- 0.1875"|~
DocuSign Envelope ID: 5E940F8A- 48C6-4D5D- BDB5- 4058F0741BCB Agenda Item No. 7.2 Agenda Packet Page No. 127 of 447
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

IFG-FX-0019 07 17 Includes copyrighted material of
ISO Properties, Inc., with its permission.

EXCLUSION – EMPLOYER' S LIABILITY
Index:FormName":=" IFG-FX-0019 07 17"|~
This endorsement modifies insurance provided under the following:

Image:XDisplace":="- 0.25"|~ ~|"Image:YDisplace":="- 0.1875"|~

COMMERCIAL EXCESS LIABILITY COVERAGE PART
A. The following exclusion is added to Paragraph 2.

Exclusions of Section I – Coverages:

2. Exclusions
Insurance provided under this Coverage Part
does not apply to:

Employer's Liability
Any "injury or damage" to:
a. An "employee", "leased worker", "temporary
worker", " volunteer worker", statutory
employee", casual worker, or seasonal
worker of any insured, or a person hired to
do work for or on behalf of any insured or
tenant of any insured, arising out of and in
the course of:
1) Employment by any insured; or
2) Directly or indirectly performing duties
related to the conduct of any insured's
business; or
b. The spouse, child, parent, brother or sister
of that " employee", " leased worker",
temporary worker", " volunteer worker",
statutory " employee", casual worker, or
seasonal worker as a consequence of
Paragraph a. above.

This exclusion applies:
a. Regardless of where the:

1. Services are performed; or

2. Bodily injury occurs;
b. Whether any insured may be liable as an
employer or in any other capacity; and
c. To any obligation to share damages with or
repay someone else who must pay
damages because of the injury.

B. The following are added to the Definitions
Section:

Employee" means a person working for salary or
wages, or any substitute for salary or wages, as
compensation in any manner by any insured,
under any contract of hire, express or implied, oral
or written, where the insured, as employer, has the
power or right to control and direct the employee.

Employee" includes a person hired by the hour,
day or any other irregular or intermittent period.

Employee" includes a " leased worker" or
temporary worker".

Leased worker" means a person leased to any
insured by a labor leasing firm under an
agreement between any insured and the labor
leasing firm, to perform duties related to the
conduct of any insured's business. " Leased
worker" does not include a "temporary worker".

Temporary worker" means a person who is
furnished to any insured to substitute for a
permanent " employee" on leave or to meet
seasonal or short-term workload conditions.

Volunteer worker" means a person who is not
your "employee", and who donates his or her work
and acts at the direction of and within the scope of
duties determined by you, and is not paid a fee,
salary or other compensation by you or anyone
else for their work performed for you.

All other terms and conditions of this Policy
remain unchanged.

DocuSign Envelope ID: 5E940F8A- 48C6-4D5D- BDB5- 4058F0741BCB Agenda Item No. 7.2 Agenda Packet Page No. 128 of 447
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

IFG-FX-0027 07 17 Includes copyrighted material of
ISO Properties, Inc., with its permission.

EXCLUSION - AIRCRAFT PRODUCTS AND GROUNDING,

INCLUDING UNMANNED AIRCRAFT OR UNMANNED

AERIAL VEHICLE
Index:FormName":=" IFG-FX-0027 07 17"|~
This endorsement modifies insurance provided under the following:

Image:XDisplace":="- 0.25"|~ ~|" Image:YDisplace":="- 0.1875"|~

COMMERCIAL EXCESS LIABILITY COVERAGE PART
A. The following exclusion is added to Paragraph 2.

Exclusions of Section I – Coverages:

2. Exclusions
Insurance provided under this Coverage Part
does not apply to:

Aircraft Products and Grounding, Including
Unmanned Aircraft Or Unmanned Aerial
Vehicle
Any " injury or damage" included within the
products- completed operations hazard and
caused by or arising out of any " aircraft
product" or the " grounding" of any " manned
aircraft or manned aerial vehicle" or any
unmanned aircraft or unmanned aerial
vehicle".

B. The following are added to the Definitions
Section:

1." Aircraft Product" means:
a. Aircraft including " manned aircraft or
manned aerial vehicle", "unmanned aircraft
or unmanned aerial vehicle", and any
ground support or control equipment used
therewith; and
b. Any article furnished by the insured and
installed in an aircraft ( including " manned
aircraft or manned aerial vehicle", or
unmanned aircraft or unmanned aerial
vehicle"); or used in connection with an
aircraft ( including " manned aircraft or
manned aerial vehicle", or " unmanned
aircraft or unmanned aerial vehicle"); or for
spare parts for an aircraft ( including
manned aircraft or manned aerial vehicle",
or " unmanned aircraft or unmanned aerial
vehicle"), including ground handling tools
and equipment; and
c. Any of "your products" used at an airport for
the purpose of guidance, navigation or
direction of aircraft ( including " manned
aircraft or manned aerial vehicle", or
unmanned aircraft or unmanned aerial
vehicle"); and
d. Training aids, manuals, blueprints,
engineering or other data or advice, and
services and labor relating to such aircraft
including " manned aircraft or manned
aerial vehicle", or " unmanned aircraft or
unmanned aerial vehicle"), articles or
products.

2." Grounding" means the withdrawal of one or
more aircraft ( including " manned aircraft or
manned aerial vehicle", or " unmanned aircraft
or unmanned aerial vehicle"), from flight
operations or the imposition of speed,
passenger or load restrictions on such aircraft,
by reason of the existence of or alleged or
suspected existence of any defect, fault or
condition in such aircraft or any part therefore
sold, handled or distributed by the insured or
manufactured, assembled or processed by any
other person or organization according to
specifications, plans, suggestions, orders, or
drawings of the insured or with tools,
machinery or other equipment furnished to
such persons or organizations by the insured,
whether such aircraft so withdrawn are owned
or operated by the same or different persons,
organizations or corporations.

3." Manned aircraft or manned aerial vehicle" is
an aircraft, including any missile or spacecraft
whose flight is or can be controlled directly with
a human operator on board the aircraft.

DocuSign Envelope ID: 5E940F8A- 48C6-4D5D- BDB5- 4058F0741BCB Agenda Item No. 7.2 Agenda Packet Page No. 129 of 447

ISO Properties, Inc., with its permission.

IFG-FX-0027 07 17

4." Unmanned aircraft or unmanned aerial
vehicle" is an aircraft, including any missile or
spacecraft without a human operator on board,
whose flight can be controlled remotely or
autonomously.

All other terms and conditions of this Policy
remain unchanged.

DocuSign Envelope ID: 5E940F8A- 48C6-4D5D- BDB5- 4058F0741BCB Agenda Item No. 7.2 Agenda Packet Page No. 130 of 447
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

IFG-FX-0028 07 22 Includes copyrighted material of
ISO Properties, Inc., with its permission.

EXCLUSION – DAMAGE TO PROPERTY
This endorsement modifies insurance provided under the following:

COMMERCIAL EXCESS LIABILITY COVERAGE PART
The following is added to Paragraph 2. Exclusions of
Section I – Coverages:

2. Exclusions
Insurance provided under this Coverage Part does
not apply to:

Damage To Property
Property damage to:
1) Property you own, rent, or occupy, including any
costs or expenses incurred by you, or any other
person, organization, or entity for repair,
replacement, enhancement, restoration, or
maintenance of such property for any reason,
including prevention of injury to a person or
damage to another's property;
2) Premises you sell, give away, or abandon, if the
property damage arises out of any part of those
premises;
3) Property loaned or leased to any insured;
4) Personal property in the care, custody, or
control of any insured;
5) That particular part of real property on which you
or any contractors or subcontractors working
directly or indirectly on your behalf are
performing operations, if the property damage
arises out of those operations; or
6) That particular part of any property that must be
restored, repaired, or replaced because your
work was incorrectly performed on it.

All other terms and conditions of thisPolicy remain
unchanged.

DocuSign Envelope ID: 5E940F8A- 48C6-4D5D- BDB5- 4058F0741BCB Agenda Item No. 7.2 Agenda Packet Page No. 131 of 447
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

IFG-FX-0036 11 21 Includes copyrighted material of
ISO Properties, Inc., with its permission.

EXCLUSION – LEAD BEARING SUBSTANCE
This endorsement modifies insurance provided under the following:

COMMERCIAL EXCESS LIABILITY COVERAGE PART
The following is added to Paragraph 2. Exclusions of
Section I – Coverages:

2. Exclusions
Insurance provided under this Coverage Part does
not apply to:

Lead Bearing Substance
a. Any " injury or damage" caused by or arising,
directly or indirectly, in whole or in part out of:
1) The actual, alleged, threatened, or
suspected inhalation, ingestion, absorption,
consumption, existence, application,
presence or use of, contact with, or exposure
to lead in any form; or
2) Any disease or ailment caused by plumbism
lead poisoning).
b. Any loss, cost, or expense arising out of any:
1) Request, demand, order, or statutory or
regulatory requirement that any insured or
others test for, monitor, clean up, remove,
contain, treat, detoxify, neutralize, dispose
of, or in any way respond to, or assess the
effects of lead; or
2) Claim or suit brought by or on behalf of a
governmental authority for damages
because of testing for, monitoring, cleaning
up, removing, containing, treating,
detoxifying, neutralizing, disposing of, or in
any way responding to, or assessing the
effects of lead.

This exclusion applies even if the claims against
any insured allege negligence or other
wrongdoing in:
a. The providing of instructions, warnings, or
labeling;
b. The supervision, hiring, employment,
training, or monitoring of others by that
insured; or
c. The rendering of or failure to render aid,
medical or otherwise, to any person.

All other terms and conditions of this Policy remain
unchanged.

DocuSign Envelope ID: 5E940F8A- 48C6-4D5D- BDB5- 4058F0741BCB Agenda Item No. 7.2 Agenda Packet Page No. 132 of 447
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

IFG-FX-0039 07 17 Includes copyrighted material of
ISO Properties, Inc., with its permission.

EXCLUSION - ERISA
Index:FormName":=" IFG-FX-0039 07 17"|~
This endorsement modifies insurance provided under the following:

Image:XDisplace":="- 0.25"|~ ~|"Image:YDisplace":="- 0.1875"|~

COMMERCIAL EXCESS LIABILITY COVERAGE PART
The following exclusion is added to Paragraph 2.

Exclusions of Section I – Coverages:

2. Exclusions
Insurance provided under this Coverage Part does
not apply to:

ERISA
a. Any obligation of the insured under the
Employers' Retirement Income Security Act of
1974 and any amendments thereto, and any
similar state or local laws; or
b. Any " injury or damage" arising out of the
Employers' Retirement Income Security Act of
1974 and any amendments thereto, and any
similar state or local laws.

All other terms and conditions of this Policy
remain unchanged.

DocuSign Envelope ID: 5E940F8A- 48C6-4D5D- BDB5- 4058F0741BCB Agenda Item No. 7.2 Agenda Packet Page No. 133 of 447
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

IFG-FX-0043 11 21 Includes copyrighted material of
ISO Properties, Inc., with its permission.

EXCLUSION – ASSAULT, BATTERY OR OTHER PHYSICAL

ALTERCATION
This endorsement modifies insurance provided under the following:

COMMERCIAL EXCESS LIABILITY COVERAGE PART
A. The following is added to Paragraph 2. Exclusions
of Section I – Coverages:

2. Exclusions
Insurance provided under this Coverage Part
does not apply to:

Assault, Battery Or Other Physical
Altercation
Any "injury or damage":
a. Expected or intended from the standpoint of
any insured.
b. Caused by or arising, directly or indirectly, in
whole or in part out of any " assault" or
battery" committed or attempted by any
person.
c. Caused by or arising, directly or indirectly, in
whole or in part out of any act, error, or
omission in connection with avoiding,
preventing, suppressing, or halting any
actual, or threatened " assault" or "battery."
d. Caused by or arising, directly or indirectly, in
whole or in part out of any actual, alleged, or
threatened verbal or physical confrontation
or altercation committed or any act, error, or
omission in connection with avoiding,
preventing, suppressing, or halting any
actual, or threatened verbal or physical
confrontation or altercation.

This exclusion applies to all acts, errors, or
omissions even if the claims against any insured
allege negligence or other wrongdoing, including,
but not limited to:

1. All theories of liability ( direct or vicarious)
asserted against any insured, including, but not
limited to, all theories of negligence, gross
negligence, recklessness, or intentional tort and
shall not be subject to any severability or
separation of insureds provision in the policy;

2. The supervision, hiring, employment, training, or
monitoring of others by that insured; or

3. The rendering of or failure to render aid, medical
or otherwise, to any victim of the " assault" or
battery", or physical confrontation or
altercation.

B. For the purposes of this endorsement, the following
is added to the Definitions section:

Assault" means any attempt or threat to inflict
injury upon the person of another, or any display of
force such as would give a person reason to fear or
expect immediate bodily harm.

Battery" means physical contact with a person
without his or her consent that entails some injury
or offensive touching.

All other terms and conditions of thisPolicy remain
unchanged.

DocuSign Envelope ID: 5E940F8A- 48C6-4D5D- BDB5- 4058F0741BCB Agenda Item No. 7.2 Agenda Packet Page No. 134 of 447
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

IFG-FX-0044 07 17 Includes copyrighted material of
ISO Properties, Inc., with its permission.

EXCLUSION – RECALL OF PRODUCTS, WORK OR

IMPAIRED PROPERTY
Index:FormName":=" IFG-FX-0044 07 17"|~
This endorsement modifies insurance provided under the following:

Image:XDisplace":="- 0.25"|~ ~|"Image:YDisplace":="- 0.1875"|~

COMMERCIAL EXCESS LIABILITY COVERAGE PART
The following exclusion is added to Paragraph 2.

Exclusions of Section I – Coverages:

2. Exclusions
Insurance provided under this Coverage Part does
not apply to:

Recall Of Products, Work Or Impaired Property
Any " injury or damage" claimed for loss, cost or
expense incurred by you or others for the loss of
use, withdrawal, recall, inspection, repair,
replacement, adjustment, removal or disposal of:
1) Your product, including your product
manufactured, sold, assembled, handled,
distributed, or disposed of by:
a) Any insured or by others on behalf of any
insured;
b) Others trading under your name; or
c) A person or organization whose business or
assets you have acquired;
2) Your work by:
a) Any insured or by others on behalf of any
insured;
b) Others trading under your name; or
c) A person or organization whose business
assets you have acquired; or
3) Impaired property by:
a) Any insured or by others on behalf of any
insured;
b) Others trading under your name; or
c) A person or organization whose business or
assets you have acquired if such product,
work, or property is withdrawn or recalled
from the market or from use by any person
or organization because of a known or
suspected defect, deficiency, inadequacy or
dangerous condition in it.

All other terms and conditions of this Policy
remain unchanged.

DocuSign Envelope ID: 5E940F8A- 48C6-4D5D- BDB5- 4058F0741BCB Agenda Item No. 7.2 Agenda Packet Page No. 135 of 447
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

IFG-FX-0063 07 17 Includes copyrighted material of
ISO Properties, Inc., with its permission.

EXCLUSION – FUNGI OR BACTERIA
Index:FormName":=" IFG-FX-0063 07 17"|~
This endorsement modifies insurance provided under the following:

Image:XDisplace":="- 0.25"|~ ~|"Image:YDisplace":="- 0.1875"|~

COMMERCIAL EXCESS LIABILITY COVERAGE PART
A. The following exclusion is added to Paragraph 2.

Exclusions of Section I – Coverages:

2. Exclusions
Insurance provided under this Coverage Part
does not apply to:

Fungi or Bacteria
Any "injury or damage":
a. Which would not have occurred, in whole or
in part, but for the actual, alleged or
threatened inhalation of, ingestion of,
contact with, exposure to, existence of, or
presence of, any "fungi" or bacteria on or
within a building or structure, including its
contents, regardless of whether any other
cause, event, material or product
contributed concurrently or in any sequence
to such injury or damage.
b. Any loss, cost or expenses arising out of
the abating, testing for, monitoring, cleaning
up, removing, containing, treating,
detoxifying, neutralizing, remediating or
disposing of, or in any way responding to,
or assessing the effects of, " fungi" or
bacteria, by any insured or by any other
person or entity.

This exclusion does not apply to:
i) Any " fungi" or bacteria that are, are on, or
are contained in, a good or product
intended for bodily consumption; or
ii) The extent that valid " controlling underlying
insurance" for the fungi or bacteria risks
described above exists or would have
existed but for the exhaustion of underlying
limits for "injury or damage".

B. The following is added to the Definitions Section:

Fungi" means any type or form of fungus,
including mold or mildew and any mycotoxins,
spores, scents or byproducts produced or
released by fungi.

All other terms and conditions of this Policy
remain unchanged.

DocuSign Envelope ID: 5E940F8A- 48C6-4D5D- BDB5- 4058F0741BCB Agenda Item No. 7.2 Agenda Packet Page No. 136 of 447
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

IFG-FX-0064 07 17 Includes copyrighted material of
ISO Properties, Inc., with its permission.

EXCLUSION – PUNITIVE DAMAGES
Index:FormName":=" IFG-FX-0064 07 17"|~
This endorsement modifies insurance provided under the following:

Image:XDisplace":="- 0.25"|~ ~|"Image:YDisplace":="- 0.1875"|~

COMMERCIAL EXCESS LIABILITY COVERAGE PART
The following exclusion is added to Paragraph 2.

Exclusions of Section I – Coverages:

2. Exclusions
Insurance provided under this Coverage Part does
not apply to:

Punitive Damages
Any claim of or indemnification for punitive or
exemplary damages. If a suit seeking both
compensatory and punitive or exemplary damages
has been brought against you for a claim covered
by this policy, we will provide defense for such
action. We will not have any obligation to pay for
any fees, including but not limited to attorney fees,
costs, interest or damages attributable to punitive
or exemplary damages.

All other terms and conditions on this Policy
remain unchanged.

DocuSign Envelope ID: 5E940F8A- 48C6-4D5D- BDB5- 4058F0741BCB Agenda Item No. 7.2 Agenda Packet Page No. 137 of 447
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

IFG-FX-0067 07 17 Includes copyrighted material of
ISO Properties, Inc., with its permission.

EXCLUSION – INTELLECTUAL PROPERTY
Index:FormName":=" IFG-FX-0067 07 17"|~
This endorsement modifies insurance provided under the following:

Image:XDisplace":="- 0.25"|~ ~|"Image:YDisplace":="- 0.1875"|~

COMMERCIAL EXCESS LIABILITY COVERAGE PART
The following exclusion is added to Paragraph 2.

Exclusions of Section I – Coverages:

2. Exclusions
Insurance provided under this Coverage Part does
not apply to:

Intellectual Property
Any "injury or damage" caused by or arising out of
the actual or alleged infringement or violation of
any intellectual property rights or laws, including
but not limited to:
a. Copyright;
b. Patent;
c. Trade dress;
d. Trade name;
e. Trade secret; or
f. Trademark.

All other terms and conditions of this Policy
remain unchanged.

DocuSign Envelope ID: 5E940F8A- 48C6-4D5D- BDB5- 4058F0741BCB Agenda Item No. 7.2 Agenda Packet Page No. 138 of 447
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

IFG-FX-0071 07 17 Includes copyrighted material of
ISO Properties, Inc., with its permission.

EXCLUSION - WAR
Index:FormName":=" IFG-FX-0071 07 17"|~
This endorsement modifies insurance provided under the following:

Image:XDisplace":="- 0.25"|~ ~|"Image:YDisplace":="- 0.1875"|~

COMMERCIAL EXCESS LIABILITY COVERAGE PART
The following exclusion is added to Paragraph 2.

Exclusions of Section I – Coverages:

2. Exclusions
Insurance provided under this Coverage Part does
not apply to:

War
Any "injury or damage", however caused, arising,
directly or indirectly, out of:
a. War, including undeclared or civil war;
b. Warlike action by a military force, including
action in hindering or defending against an
actual or expected attack, by any government,
sovereign or other authority using military
personnel or other agents; or
c. Insurrection, rebellion, revolution, usurped
power, or action taken by governmental
authority in hindering or defending against any
of these.

All other terms and conditions of this Policy
remain unchanged.

DocuSign Envelope ID: 5E940F8A- 48C6-4D5D- BDB5- 4058F0741BCB Agenda Item No. 7.2 Agenda Packet Page No. 139 of 447
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

IFG-FX-0076 07 17 Includes copyrighted material of
ISO Properties, Inc., with its permission.

EXCLUSION – AIRCRAFT LIABILITY
Index:FormName":=" IFG-FX-0076 07 17"|~
This endorsement modifies insurance provided under the following:

Image:XDisplace":="- 0.25"|~ ~|"Image:YDisplace":="- 0.1875"|~

COMMERCIAL EXCESS LIABILITY COVERAGE PART
A. The following exclusion is added to Paragraph 2.

Exclusions of Section I – Coverages:

2. Exclusions
Insurance provided under this Coverage Part
does not apply to:

Aircraft Liability
Any " injury or damage" caused by or arising
out of any " manned aircraft or manned aerial
vehicle", or " unmanned aircraft or unmanned
aerial vehicle", including loading or unloading.

This exclusion applies even if the claims
against any insured allege negligence or other
wrongdoing in the supervision, hiring,
employment, training or monitoring of others by
that insured.

B. The following is added to the Definitions Section:

Manned aircraft or manned aerial vehicle" is an
aircraft, including any missile or spacecraft whose
flight is or can be controlled directly with a human
operator on board the aircraft.

Unmanned aircraft or unmanned aerial vehicle" is
an aircraft, including any missile or spacecraft
without a human operator on board, whose flight
can be controlled remotely or autonomously.

All other terms and conditions of this Policy
remain unchanged.

DocuSign Envelope ID: 5E940F8A- 48C6-4D5D- BDB5- 4058F0741BCB Agenda Item No. 7.2 Agenda Packet Page No. 140 of 447
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

IFG-FX-0077 07 17 Includes copyrighted material of
ISO Properties, Inc., with its permission.

RECORDING AND DISTRIBUTION OF MATERIAL OR

INFORMATION IN VIOLATION OF LAW EXCLUSION
Index:FormName":=" IFG-FX-0077 07 17"|~
This endorsement modifies insurance provided under the following:

Image:XDisplace":="- 0.25"|~ ~|"Image:YDisplace":="- 0.1875"|~

COMMERCIAL EXCESS LIABILITY COVERAGE PART
The following exclusion is added to Paragraph 2.

Exclusions of Section I – Coverages:

2. Exclusions
Insurance provided under this Coverage Part does
not apply to:

Recording And Distribution Of Material Or
Information In Violation Of Law
Any " injury or damage" caused by or arising,
directly or indirectly, out of any action or omission
that violates or is alleged to violate:
1) The Telephone Consumer Protection Act
TCPA), including any amendment of or
addition to such law;
2) The CAN-SPAM Act of 2003, including any
amendment of or addition to such law;
3) The Fair Credit Reporting Act (FCRA), and any
amendment of or addition to such law,
including the Fair and Accurate Credit
Transaction Act (FACTA); or
4) Any federal, state or local statute, ordinance or
regulation, other than the TCPA, CAN-SPAM
Act of 2003 or FCRA and their amendments
and additions, that addresses, prohibits, or
limits the printing, dissemination, disposal,
collecting, recording, sending, transmitting,
communicating or distribution of material or
information.

All other terms and conditions of this Policy
remain unchanged.

DocuSign Envelope ID: 5E940F8A- 48C6-4D5D- BDB5- 4058F0741BCB Agenda Item No. 7.2 Agenda Packet Page No. 141 of 447
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

IFG-FX-0078 11 21 Includes copyrighted material of
ISO Properties, Inc., with its permission.