SECOND AMENDMENT TO THE
AGREEMENT FOR PROJECT SERVICES
BETWEEN THE CITY OF REDONDO BEACH
AND CYPRESS SECURITY, LLC
THIS SECOND AMENDMENT TO THE AGREEMENT FOR PROJECT
SERVICES ("Second Amendment") is made between the City of Redondo Beach, a Chartered Municipal Corporation ("City") and Cypress Security LLC, a • California Limited Liability Company ("Consultant").
WHEREAS, on November 15, 2011, the parties hereto originally entered into the Agreement for Project Services between the City and Consultant (the "Agreement"); and
WHEREAS, on November 6, 2012, the parties hereto entered into the First Amendment to the Agreement ("First Amendment") to amend Exhibits "B" and "C", to extend the Agreement to June 30, 2014, and increase the limit for the total amount paid to Consultant to $115,000; and
WHEREAS, the parties wish to amend the Agreement pursuant to Section 21 of the Agreement.
NOW THEREFORE, in consideration of the promises and mutual covenants contained herein, and intending to be legally bound, the parties hereby agree to make the following amendments to the Agreement:
1. Term. Exhibits "B" and "B-1" of the Agreement are hereby amended to add Exhibit "B-2" ", which extends the Agreement to June 30, 2015 and provides that the Agreement may be extended for one subsequent annual term by the City Manager's written notice. Exhibit "B-2" is attached hereto and incorporated by reference. Consultant shall commence and complete all services described in Exhibit "A" in accordance with the schedule set forth in Exhibit "B-2".
2. Compensation. Exhibits "C" and "C-1" of the Agreement are hereby amended to add Exhibit "C-2" to increase the hourly rate paid to Consultant to $17.80 and increase the limit for the Consultant's total compensation by $75,000 for a total not to exceed amount of $190,000.
Exhibit "C-2" is attached hereto and incorporated by reference.
Consultant shall be compensated for the services described in Exhibit "A".
3. No Other Amendments. Except as expressly stated herein, the Agreement shall remain unchanged and in full force and effect. The Agreement, First Amendment, and this Second Amendment constitute the entire agreement between the parties and supersede any previous oral or written agreement with respect to the subject matter hereof. In the event of any C-1111-116-2
inconsistency between the terms of the Agreement, First Amendment, and this Second Amendment, the terms of this Second Amendment shall govern.
- 2-
IN WITNESS WHEREOF, the parties have executed this Second Amendment in Redondo Beach, California, as of this 6* day of May, 2014.
CITY OF REDONDO BEACH CYPRESS SECURITY, LLC
By:
Name: KES NARBUTAS
Title: CEO
ATTEST: APPROVED:
Leantanges
City Clerk Hax manger
APPROVED AS TO FORM:
0. 1
City Attorney's Office
copy of the original on file in this office. This is certified to be a true and correct Dated: JUNE 02,2014
of Redondo Beach, California. City Clerk or Deputy City Clerkof the City - 3 -
C-1111-116-2
EXHIBIT "B-2"
SCHEDULE FOR COMPLETION
Term. The term of this Agreement shall be extended for an additional one year term, which shall commence on July 1, 2014 and expire June 30, 2015 ("Term"), unless otherwise terminated as herein provided. Upon City Manager's written notice to Consultant at least fifteen (15) days prior to the expiration of the Term, the Agreement shall automatically renew for one subsequent annual term, unless otherwise terminated as herein provided.
- 4-
61111-11620
EXHIBIT "C-2"
COMPENSATION
Provided Consultant is not in default under this Agreement, Consultant shall be compensated as provided below.
A. Amount. Consultant shall be paid an hourly rate of $17.80.
B. Not to Exceed Amount. In no event shall Consultant's compensation exceed $75,000 during this annual term. Consultant's compensation shall not exceed $190,000 during the cumulative terms) of this Agreement.
C. Method of Payment. Consultant shall provide invoices to City for approval and payment. Invoices must be itemized, adequately detailed, based on accurate records, and in a form reasonably satisfactory to City. Consultant may be required to provide back-up material upon request.
D. Schedule for Payment. Payments shall be made monthly, in arrears based upon the time spent during the previous month for which an invoice shall be submitted. City agrees to pay Consultant within thirty (30) days of receipt of the monthly invoice.
- 5-
C-1111-1162
ACORD® CYPRSEC-01 HBCT02
CERTIFICATE OF LIABILITY INSURANCE DATE (MMDDAY)
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to certificate holder in lieu of such endorsement 8).
PRODUCER License # 0564249
Heffernan Insurance Brokers
Menlo Park, CA 94025 A 0. Em: 1(650) 842-6200 [HAC, No): 1(650) 842-5201 INSURERS) AFFORDING COVERAGE NAIC #
INSURED INSURERA: Arch Specialty Insurance Company 21199 INSURER B: Everest Indemnity Insurance Company
Cypress Security LLC INSURER C:
478 Tehama Street
San Francisco, CA 94103 INSURER D:
INSURER E:
INSURER F:
CERTIFICATE NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD REVISION NUMBER:
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
POLICY NUMBER
A X COMMERCIAL GENERAL LIABILITY x EACH OCCURRENCE 1,000,000 BSPKG2088801 5/5/2013 5/5/2014 DAMAGE TO RENTED
CLAIMS-MADE X OCCUR PREMISES (Ea occumance) 100,000
MED EXP (Any one person In n 5,000
PERSONAL & ADV INJURY 1,000,000
GENL AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE 5,000,000 POLICY X PROT PRODUCTS - COMPOP AGG 5,000,000
I LOC
en /en
AUTOMOBILE LIABILITY
A X ANY AUTO COMBINED SINGLE LIMI
BSPKG0235701 5/5/2013 (Ea acciden 1,000,000
ALL OWNED SCHEDULED 5/5/2014 BODILY INJURY (Per person) AUTOS
AUTOS BODILY INJURY (Per accident)
NON-OWNED
HIRED AUTOS AUTOS
ROPERTY DAMAC
X Physical × Damage Incl. Per acciden
COMP/COLL DED :
UMBRELLA LIAB X OCCUR 1,00d
A EXCESS LIAB EACH OCCURRENCE 5,000,000
CLAIMS-MADE BSPKG2088901 5/5/2013
5/5/2014 AGGREGATE 5,000,000
DED X RETENTIONS 10,000
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
ANY PROPRIETOR/PARTNER/EXECUTIVE YIN 5300000911131
OFFICERMEMBER EXCLUDED? IN/A 11/28/2013 11/28/2014
(Mandatory In NH) LE.L. EACH ACCIDENT 1,000,000
EL ENGAGE MOVE :
ESCRID OPERATIONS belOW 1,000,000
A Commercial Crime BSPKG2088701 E.L. DISEASE - POLICY LIMIT S 1,000,000 A Professional Liab. 5/5/2013 5/5/2014 Employee Dishonesty 100,000 BSPKG2088801 5/5/2013
5/5/2014 Agg:$5M/Per Claim 1,000,000
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE loyce Rooney, Transit Operations & Facilitles manager City THE EXACT THE POLICY PROVASONE EXPIRATION DATE NOTICE WILL BE DELIVERED IN f Redendo Beact
415 Diamond Street
Redondo Beach, CA 90277 AUTHORIZED REPRESENTATIVE
ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD © 1988-2010 ACORD CORPORATION. All rights reserved.
C-1111-116-2
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
POLICY CHANGES
POLICY CHANGE
NUMBER. 7
POLICY NUMBER POLICY CHANGES EFFECTIVE
COMPANY
BSPKG2088801 2/18/2014 ARCH SPECIALTY INSURANCE
COMPANY
NAMED INSURED
AUTHORIZED REPRESENTATIVE
CYPRESS SECURITY, INC. W. H. BROWNYARD CORPORATION
COVERAGE PARTS AFFECTED
COMMERCIAL GENERAL LIABILITY COVERAGE PART
CHANGES
IT IS HEREBY UNDERSTOOD AND AGREED THAT THE FOLLOWING FORMS ARE MADE PART OF THE POLICY AS PER THE ATTACHED.
1. CG20331001 - ADDITIONAL INSURED- OWNERS, LESSEES OR CONTRACTORS- AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU.
2. CG20370704 - ADDITIONAL INSURED- OWNERS, LESSEES OR CONTRACTORS- COMPLETED OPERATIONS
3. CG20101001 - ADDITIONAL INSURED- OWNERS, LESSEES OR CONTRACTORS- SCHEDULED
PERSON OR ORGANIZATION
NO PREMIUM CHANGE
2/21/2014 JAS/jp
Tamma W Tearel
Authorized Representative Signature
IL 12 01 11 85 Copyright, Insurance Services Office, Inc., 1983 Copyright, ISO Commercial Risk Services, Inc.; 1983
C-1111-116-2
COMMERCIAL GENERAL LIABILITY
CG 20 33 10 01
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - AUTOMATIC STATUS WHEN
REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
A. Section II - Who Is An Insured Is amended to b. "Bodily injury" or "property damage" occur- include as an insured any person or organization ring after:
for whom you are performing operations when you
and such person or organization have agreed in (1) All work, including materials, parts or writing in a contract or agreement that such person equipment furnished in connection with or organization be added as an additional insured such work, on the project (other than on your policy. Such person or organization is an service, maintenance or repairs) to be additional insured only with respect to liability aris- performed by or on behalf of the addi- ing out of your ongoing operations performed for tional insured(s) at the site of the cov- that insured. A person's or organization's status as ered operations has been completed; or an insured under this endorsement ends when (2) That portion of "your work" out of which your operations for that insured are completed the injury or damage arises has been B. With respect to the insurance afforded to these put to its intended use by any person or additional insureds, the following additional exclu- organization other than another contrac- sions apply: tor or subcontractor engaged in perform-
2. Exclusions ing operations for a principal as a part of the same project.
This insurance does not apply to:
a. "Bodily injury", "property damage" or "per-
sonal and advertising injury" arising out of
the rendering of, or the failure to render, any
professional architectural, engineering or
surveying services, including:
(1). The preparing, approving, or failing to
prepare or approve, maps, shop draw-
ings, opinions, reports, surveys, field or-
ders, change orders or drawings and
specifications; and
(2) Supervisory, inspection, architectural or
engineering activities.
CG 20 33 10 01 © ISO Properties, Inc., 2000
C-1111-116-2:
POLICY NUMBER: BSPKG2088801 COMMERCIAL GENERAL LIABILITY CG 20 37 07 04
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - COMPLETED OPERATIONS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s)
Or Organization(s): Location And Description Of Completed Operations JOYCE L. ROONEY, TRANSIT OPERATIONS & 415 DIAMOND STREET
FACILITIES MANAGER CITY OF REDONDO BEACH
REDONDO BEACH, CALIFORNIA 90277
[Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
Section Il - Who Is An Insured is amended to
nclude as an additional insured the person(s) ol
organization(s) shown in the Schedule, but only with
respect to liability for "bodily injury" or "property dam- age" caused, in whole or in part, by "your work" at
the location designated and described in the sched-
ule of this endorsement performed for that additional
insured and included in the "products-completed
operations hazard".
CG 20 37 07 04 © ISO Properties, Inc., 2004
C-1111-116-2
COMMERCIAL GENERAL LIABILITY
CG 20 10 10 01
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - SCHEDULED PERSON OR
ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name of Person or Organization:
JOYCE L. ROONEY, TRANSIT OPERATIONS & FACILITIES MANAGER
CITY OF REDONDO BEACH
415 DIAMOND STREET
REDONDO BEACH, CALIFORNIA 90277
(If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. Section II - Who Is An Insured is amended to (1) All work, including materials, parts or include as an insured the person or organization equipment furnished in connection with Snown in the Schedule, but only with respect to such work, on the project (other than liability arising out of your ongoing operations per-
formed for that insured. service, maintenance or repairs) to be performed by or on behalf of the addi-
B. With respect to the insurance afforded to these tional insured(s) at the site of the cov- additional insureds, the following exclusion is ered operations has been completed; added: or
2. Exclusions (2) That portion of "your work" out of which ry" or "property damage" occurring after put to its intended use by any person or organization other than another con-
tractor or subcontractor engaged ir
performing operations for a principal as
a part of the same project.
•
CG 20 10 10 01 ©ISO Properties, Inc., 2000
C-1111-116-2
ACORD CYPRSEC-01
HBCТ06
CERTIFICATE OF LIABILITY INSURANCE
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURERS), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: # the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to he terms and conditions of the policy, certain policles may require an endorsement. A statement on this certificate does not confor rights to the certificate holder in lleu of such endorsements).
PRODUCER License # 0564249
Heffernan Insurance Brokers
1460B O'Brien Drive
-(N.Н°.Ex): Ex): 1(650) 842-5200 TAc, No): 1(650) 842-5201 ADORESS:
INSURER(S) AFFORDING COVERAGE
INSURED NAIC A
INSURER 8: Everest Indemnity Insurance Company INSURER A: Philadelphia Indemnity Insurance Company 18058 Cypress Security LLC
478 Tohama Street INSURER C:
San Francisco, CA 94103 INSURER D:
INSURER E:
COVERAGES ENSURER F:
CERTIFICATE NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD REVISION NUMBER:
INDICATED.
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSRI
LTR TYPE OF INSURANCE
INSRIWAR POLICY EFF
GENERAL LIABILITY POLCY NUMBER
UNITS
X I COMMERCIAL GENERAL LIABILITY X PHPK1169499 EACH OCCURRENCE. 1,000,000 5/5/2014 5/5/2015 DAMAGE TO RENTED
CLAIMS-MADE X OCCUR PREMISES (Ea occultence). $ 1,000,000 MED EXP (Any one person) 20,000
PERSONAL & ADV INJURY 1,000,000
GENL AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE 5,000,000
POLICY PRO / LOC
MEC 5,000,000
AUTOMOBILE LIABILTY PRODUCTS COMPAS
A X I ANY AUTO COMBINED SINGLE LIMIT
ALL OWNED PHPK1169499 (Es accident) 1,000,000
SCHEDULED 5/5/2014 5/5/2015 BODILY INJURY (Por parson) er m AUTOS
AUTOS
NON- OWNED BODILY INJURY (Per accidant) S
HIRED AUTOS AUTOS
X Physical X [Damage Inci. PROPERTY DAMAGE
(Pot acedent)
X / UMBRELLA LIAB X OCCUR |COMP/COLL DED
EXCESS LIAB 1,000
CLAIMS-MADE PHUB458085 EACH OCCURRENCE
5/5/2014 5/5/2015 5,000,000
DED X I RETENTIONS 10,000 AGGREGATE
WORKERS COMPENSATION 5,000,000
AND EMPLOYERS' LIABILITY
B ANY PROPRIETOR/PARTNER EXECUTIVE YIN XI REINTS!
OFFICERMEMBER EXCLUDED? 5300000911131 11/28/2013 11/28/2014 (Mandatory in NH)
EL. EACH ACCIDENT 3 1,000,000
yes. describe unde
ESCRIPTION OF OPERATIONS belo E.L. DISEASE • EA EMPLOYEE S 1,000,000 A Critestional Liab. PHPK1169499 5/5/2014 5/5/2015 EIL DISEASE • POLICY LIMIT İ S 1,000,000 PHPK1169499 5/5/2014 Employee Dishonesty 100,000
5/S/2015 Agg:SM/Per Claim 1,000,000
Ro: 415 DIamond Site, Rodent Beach, Call nia 8027, Joyce 1. Rony, Trans Operations & Facile Manager, Cly of Rodondo Beach is named as additional Insured on tho Genoral Liability Policy per attached endorsements.
CERTIFICATE HOLDER
CANCELLATION
oyce L.Rooney, Transit Operations & Facilities manager CH THE EXPIRATION DATE THEREOF. NOTICE WILL BE DELIVERED IN SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE / Redendo Boac
145 Diato Boash, CA 90271 ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIED REPRESENTATIVE
ACORD 25(2010/05) @ 1988-2010 ACORD CORPORATION, All rights reserved.
The ACORD name and logo are registered marks of ACORD
C-1111-116-2
POLICY No. PHPK1169499
PI-GLD-SG (02/09)
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
GENERAL LIABILITY DELUXE ENDORSEMENT:
SECURITY SERVICES
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
It is understood and agreed that the following extensions only apply in the event that no other specific Coverage Applicable
Limit of Insurance Page #
Damage to Premises Rented to You $1,000,000
Watercraft 2
Used in Security 2
Medical Payments Services only
$20,000 2
Medical Payments - Extended Reporting Period 3 years
Supplementary Payments - Bail Bonds 2
$2,500 3
Supplementary Payments - Loss of Earnings 5500 per day
3 Employee Indemnification Defense Coverage for Employees $15,000 Additional Insured - Broadened Named Insured 3
Included 3
Additional Insured - Managers and Supervisors Included
Additional Insured - Managers, Landlords, or Lessors of 3 Premises Included 3
Additional Insured - Lessors of Leased Equipment - Automatic Included Status When Required in Lease Agreement With You 4
Additional Insured - Grantors of Permits
Included 4
Additional Insured - Blanket Additional Insureds by Contract Included Limited Rental Lease Agreement Contractual Liability 4
$50,000 5
Transfer of Rights of Recovery Against Others To Us Clarification 5 Duties in the Event of Occurrence, Offense, Claim or Suit Included Unintentional Failure to Disclose Hazards 5
Liberalization Included 6
Included 6
Bodily Injury - Mental Anguish Included
Assault and Battery Coverage with Extended Property Damage 6 Included 6
Errors and Omissions Coverage Included
7 Incidental Medical Malpractice Included
9
@ 2009 Philadelphia Indemnity Insurance Company
Includes copyrighted material of Insurance Services Office, Inc., with its permission.
C-1111-116-2
PI-GLD-SG (02/09)
A. Damage to Premises Rented to You
1. If damage by fire to premises rented to you is not otherwise excluded from this Coverage Part, the word fire is changed to fire, lightning, explosion, smoke, or leakage from automatic fire protective systems where it appears in:
a. The last paragraph of SECTION I - COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Subsection 2. Exclusions; b. SECTION III - LIMITS OF INSURANCE, Paragraph 6.; and c. SECTION V - DEFINITIONS, Paragraph 9.a.
2. If damage by fire to premises rented to you is not otherwise excluded from this Coverage Part, the words fire insurance are changed to insurance for fire, lightning, explosion, smoke, or leakage GENERAL LIABILITY CONDITIONS, Subsection 4. Other Insurance, Paragraph b. Excess from automatic fire protective systems where it appears in SECTION IV - COMMERCIAL
3. The Damage To Premises Rented To You Limit section of the Declarations is amended to the greater of:
a. $1,000,000; or
b. The amount shown in the Declarations as the Damage to Premises Rented to You Limit. damage results from fire, lightning, explosion, smoke, or leaks from automatic fire protective This is the most we will pay for all damage proximately caused by the same event, whether suck systems or any combination thereof.
B. Watercraft
LIABILITY, Subsection 2. Exclusions, Paragraph g. Aircraft, Auto Or Watercraft does not apply to SECTION I - COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE security services performed on or about watercraft.
C. Medical Payments - Limit Increased, Extended Reporting Period If COVERAGE C MEDICAL PAYMENTS is not otherwise excluded from.this Coverage Part:
1. The Medical Expense Limit is changed subject to all of the terms of SECTION III - LIMITS OF INSURANCE to the greater of:
a. S20,000; or
b. The Medical Expense Limit shown in the Declarations of this Coverage Part.
2. Under SECTION I - COVERAGES, COVERAGE C MEDICAL PAYMENTS, Subsection 1. Insuring Agreement, Paragraph a., Item (b) is amended to read:
provided that:
(b) The expenses are incurred and reported to us within three years of the date of the accident: and
Includes copyrighted material of Insurance Services Office, Inc., with its permission. © 2009 Philadelphia Indemnity Insurance Company C-1111-116-2
PI-GLD-SG (02/09)
D. Supplementary Payments
In the SUPPLEMENTARY PAYMENTS - COVERAGES A AND B provision, Items 1.b. and 1.d. are amended as follows:
1. The limit for the cost of bail bonds is changed from $250 to $2,500; and
2. The limit for loss of earnings is changed from $250 a day to $500 a day.
E. Employee Indemnification Defense Coverage
In the SUPPLEMENTARY PAYMENTS - COVERAGES A AND B provision, the following is added:
We will pay, on your behalf, defense costs incurred by an "employee" in a criminal proceeding.
The most we will pay for any "employee" who is alleged to be directly involved in a criminal proceeding is $15,000 regardless of the numbers of "employees," claims or "suits" brought or persons or organizations making claims or bringing "suits."
F. Who is an Insured
SECTION II - WHO IS AN INSURED Is amended as follows:
1. If coverage for newly acquired or formed organizations is not otherwise excluded from this Coverage Part, Paragraph 3.a. is changed to read:
a. Coverage under this provision is afforded until the end of the policy period;
2. Each of the following is also an insured:
a. Broadened Named Insured - Any organization and subsidiary thereof which you control and aclively manage on the effective date of this Coverage Part. However, coverage does not apply to any organization or subsidiary not named in the Declarations as Named Insured, if they are also insured under another similar policy, but for its termination or the exhaustion of its limits of insurance.
b. Managers and Supervisors - If you are an organization other than a partnership or joint venture, your managers and supervisors are also insureds, but only with respect to their duties as your managers and supervisors.
c. Managers, Landlords, or Lessors of Premises - Any person or organization with respect to their liability arising out of the ownership, maintenance or use of that part of the premises leased or rented to you subject to the following additional exclusions:
This insurance does not apply to:
(1) Any "occurrence". which takes place after you cease to be a tenant in that premises: or
(2) Structural alterations, new construction or demolition operations performed by or on behalf of that person or organization.
Includes copyrighted material of Insurance Services Office, Inc., with its permission. © 2009 Philadelphia Indemnity Insurance Company C-1111-116-2
PI-GLD-SG (02/09)
d. Lessors of Leased Equipment - Automatic Status When Required in Lease Agreement With You - Any person or organization from whom you lease equipment when you and such person or organization have agreed in writing in a contract or agreement that such person or organization is to be added as an additional insured on your policy. Such person or organization is an insured only with respect to liability for "bodily injury," "property damage" or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person or organization.
A person's or organization's status as an additional insured under this endorsement ends when their contractor agreement with you for such leased equipment ends.
With respect to the insurance afforded to these additional insureds, this insurance does not apply to any "occurrence" which takes place after the equipment lease expires. e. Grantors of Permits - Any state or political subdivision granting you a permit in connection with your premises subject to the following additional provision:
(1) This insurance applies only with respect to the following hazards for which the state or poltical subdivision has issued a permit in connection with the premises you own, rent or control and to which this insurance applies:
(a) The existence, maintenance, repair, construction, erection, or removal of advertising signs, win,s, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners or decorations and similar exposures;
(b) The construction, erection, or removal of elevators; or (c) The-ownership, maintenance, or use of any elevators covered by this insurance.
Blanket Additional Insureds by Contract - Any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy. Such person or organization is an additional insured only with respect to liability for "bodily injury," "property damage" or "personal and advertising injury" caused, in whole or in part, by:
(1) Your acts or omissions; or
(2) The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured. when your operations for that additional insured are completed person's or organization's status as an additional insured under this endorsement ends With respect to the insurance afforded to these additional insureds, the following additional exclusions apply:
This insurance does not apply to:
(1) "Bodily injury," "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including:
© 2009 Philadelphia Indemnity Insurance Company
Includes copyrighted material of Insurance Services Office, Inc., with its permission.
C-1111-116-2
PI-GLD-SG (02/09)
(a) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications:
(b) Supervisory, inspection, architectural or engineering activities. (2) "Bodily injury" or "property damage" occurring after:
(a) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on benaif of the additional insured(s) at the location of the covered operations has been completed; or
(b) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project.
G. Limited Rental Lease Agreement Contractual Liability The following is added to SECTION I - COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Subsection 2. Exclusions, Paragraph b. Contractual Liability:
(3) Based on the named insured's request at the time of claim, we agree to indemnify the or lease of a premises on behalf of their client, up to $50,000. named insured for their liability assumed in a contract or agreement regarding the rental This coverage extension only applies to rental lease agreements. This coverage is excess over any renter's liability insurance of the client.
H. Transfer of Rights of Recovery Against Others To Us
As a clarification, the following is added to SECTION IV - COMMERCIAL GENERAL LIABLITY CONDITIONS, Paragraph 8. Transfer of Rights of Recovery Against Others To Us:
Therefore, the insured can waive the insurer's rights of recovery prior to the occurrence of a loss, provided the waiver is made in a written contract.
1. Duties in the Event of Occurrence, Offense, Claim or Suit
1. When you report an "occurrence" (coverage for which is provided by this policy) to your faire to report such occurrence to us at eule of such deurence shal hit be leemed in violation of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, Paragraph 2.
Duties in the Event of Occurrence, Offense, Claim or Suit.
This is upon the distinct understanding and agreement however, that you, the insured, as soon as made aware that this particular "occurrence" is a liability case, rather than a compensation case shall give us notification immedlately.
2. The requirement in Condition 2.a. of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS that you must see to it that we are notified as soon as practicable of an "occurrence" or an offense, applies only when the occurrence" or offense is known to:
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a. You, if you are an individual;
b. A partner, if you are a partnership; or
c. An "executive officer" or insurance manager, if you are a corporation.
The requirement in Condition 2.b. of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS that you must see to it that we receive notice of a claim or "suit" as soon as practicable will not be considered breached unless the breach occurs after such claim or "suit" is a. You, if you are an individual;
b. A partner, if you are a partnership; or
c. An "executive officer" or insurance manager, if you are a corporation.
J. Unintentional Failure To Disclose Hazards
should unintentionally fail to disclose all such hazards prior to the beginning of the policy period of this It is agreed that, based on our reliance upon your representations as to existing hazards, if you Coverage Part, we shall not deny coverage under this Coverage Part because of such failure.
K. Liberalization
If we revise this endorsement to provide more coverage without additional premium charge, we will automatically provide the additional coverage to all endorsement holders as of the day the revision is effective in your state.
L. Bodily Injury - Mental Anguish
SECTION V - DEFINITIONS, Paragraph 3. is changed to read:
"Bodily injury":
a. Means bodily injury, sickness or disease sustained by a person, and includes mental anguish resulting from any of these; and
b. Except for mental anguish, includes death resulting from the foregoing (Item a. above) at any time.
M. Assault and Battery with Extended Property Damage
SECTION I - COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE folowingry, Subsection 2. Exclusions, Paragraph a. is deleted in ts entirety and replaced by the a. Expected or Intended Injury
Bodily injury" or "property damage" expected or intended from the standpoint of the insured This exclusion does not apply to
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(1) "Bodily injury" or "property damage" resulting from the use of physical force to protect persons or property; or
12) All of you or ipales However, act of you ployee al for lay to te N. Errors and Omissions Coverage
1. SECTION I - COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY is amended by adding the following:
ERRORS AND OMISSIONS
This insurance applies to negligent acts, errors or omissions committed by you relating to your services described in the Declarations.
2. SECTION I - COVERAGES, COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY is amended by adding the following:
ERRORS AND OMISSIONS
The insurance that applies to "personal injury" includes negligent acts, errors or omissions committed by you relating to your services described in the Declarations.
3. SECTION 1 - COVERAGES is amended by adding the following:
COVERAGE D - ERRORS AND OMISSIONS LIABILITY
a. Insuring Agreement
(1) We will pay those sums that the insured becomes legally obligated to pay as damages because of errors or omissions committed by you relating to your services described in ne Declarations. However, we will have no duty to defend the insured against any "suit seeking damages for errors or omissions committed by the insured to which the insurance does not apply. We will have the right and duty to defend any "suit" seeking those damages. We may, at our discretion, investigate any claim or "suit" that may result. But:
(a) The amount we will pay for damages is limited as described in SECTION III - LIMITS OF INSURANCE; and
No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under SUPPLEMENTARY PAYMENTS - COVERAGES A, B, (2) This insurance applies only if the error or omission occurs during the policy period. b. Exclusions
This insuranice does not apply to:
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(1) "Bodily injury" or "property damage":
(2) "Personal and advertising injury":
3) Intentional injury, nor injury arising out of willful violation of a penal statute or ordinance ommitted by or with the knowledge or consent of the insured (4) Any claim seeking relief or redress in any form other than monetary damages; (5) Any claim arising out of any insured's activities, or as a fiduciary, under the Employment Retirement Income Security Act of 1974, any amendments or any regulation or order issued thereto;
(6) Any claim arising from warranties or guarantees made by any insured; (7) Liability assumed by the insured under any contract or agreement. This exclusion does not apply to liability for damages:
(a) That the insured would have in the absence of the contract or agreement; or (b) Assumed in a contract or agreement that is an insured contract:
(8) Liability arising from any fraudulent, dishonest, or criminal act of any insured; (9) Liability arising from a claim made by a parent or subsidiary organization of the insured or another subsidiary organization of such parent or other subsidiary, nor any officer, director or "employee" of any of the above; and
(10) Any claim alleging, arising out of, resulting from, based upon or in consequence of, directly or indirectly, any employment practices or any discrimination against any person or entity on any basis; additionally, any actual or alleged violation of the Fair Labor Standards Actor any similar law or regulation applicable to the payment of wages or overtime.
c. SUPPLEMENTARY PAYMENTS - COVERAGES A AND B is amended to read
SUPPLEMENTARY PAYMENTS - COVERAGES A, B, AND D
d. SECTION III - LIMITS OF INSURANCE is amended as follows:
(1) Item 2. is replaced by the following:
2. The General Aggregate Limit is the most we will pay for the sum of:
a. Medical expenses under Coverage C:
. Damages under Coverage A, except damages because of "bodily injury" o propeity damage" included in the "products-completed operations hazard c. Damages under Coverage B; and
d. Damages under Coverage D.
(2) Item 5. is replaced by the following:
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5. Subject to 2. or 3. above, whichever applies, the Each Occurrence Limit is the most we will pay for the sum of:
a. Damages under Coverage A; and
b. Medical expenses under Coverage C.
"occurrence": and because of all "bodily injury" and "property damage" arising out of any one c. Damages under Coverage D.
SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, Paragraph 4. Other Insurance is amended as follows:
(1) The first paragraph is replaced by the following:
under Coverages A, B, or D of this Coverage Part, our obligations are limited as follows: If other valid and collectible insurance is available to the insured for a loss we cover (2) Paragraph b. Excess Insurance, Item (2) is replaced by the following:
When this insurance is excess, we will have no duty under Coverages A, B, or D to etend the insured against any claim or "suit" if any other insurer has a duty to defend the so, but we will be entitled to the insured's rights against all those other insurers. nsured against that claim or "suit." If no other insurer defends, we will undertake to de O. Incidental Medical Malpractice
services by an "employee" for an accident occurring during the policy period: We will pay for injury arising out of the rendering of or failure to render the following treatment or
1. First aid treatment including cardiopulmonary resuscitation (CPR); and
2. Medical, surgical, dental, x-ray, or nursing service or treatment, or the fumishing of food or beverages in connection therewith; and the furnishing or dispensing of drugs, or medical, dental, or surgical supplies or appliances.
occupation of providing the services or treatments described in 1. and 2. above. However, this coverage does not apply to any insured or to any entity engaged in the business or
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