1 THIRD AMENDMENT TO THE AGREEMENT
FOR CONSULTING SERVICES BETWEEN THE CITY OF REDONDO BEACH
AND LISA PADILLA DBA CITYWORKS DESIGN
This Third Amendment to the Agreement for Consulting Services (“Third Amendment”) is made between the City of Redondo Beach, a chartered municipal corporation (“City”) and Lisa Padilla, an individual, dba Cityworks Design (“Consultant”).
WHEREAS, on June 8, 2021, the parties entered into the Agreement for Consulting Services between the City and Consultant (the “Agreement”); and
WHEREAS, on June 14, 2022, the parties entered into a First Amendment (“First Amendment”) to the Agreement to extend the term to December 31, 2022; and WHEREAS, on October 4, 2022, the parties entered into a Second Amendment (“Second Amendment”) to the Agreement to extend the term to March 31, 2023; and WHEREAS, the parties desire to again extend the term of the Agreement and increase the compensation.
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. Exhibit “B” of the Agreement is hereby amended to extend the term of the Agreement to December 31, 2023.
2. Compensation. Exhibit “C” of the Agreement is hereby amended to increase the compensation in the amount of $72,080 for a new total not-to-exceed amount of $212,035.
3. No Other Amendments. The Agreement, the First Amendment, the Second Amendment and this Third 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 inconsistency between the terms of the Agreement, the First Amendment, the Second Amendment and this Third Amendment, the terms of this Third Amendment shall govern. [SIGNATURES ON THE NEXT PAGE]
2 IN WITNESS WHEREOF, the parties have executed this Third Amendment in Redondo Beach, California, as of this 7th day of February, 2023.
CITY OF REDONDO BEACH, LISA PADILLA,
a chartered municipal corporation An individual dba Cityworks Design __________________________ By: _______________________
William C. Brand, Mayor Name: _______________________
Title: _______________________
ATTEST: APPROVED AS TO FORM:
__________________________ ______________________________ Eleanor Manzano, City Clerk Michael W. Webb, City Attorney APPROVED:
______________________________
Diane Strickfaden, Risk Manager
Lisa Padilla
Principal
R" CERTIFICATE OF LIABILITY INSURANCE
DATE ( MM/ DD/YYYY)
25/2022
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER Risk Strategies Company
CONTACT
NAME: Risk Strategies Company
PHO(
A/CNo Ext: 949- 242- 9240 ( FAX No: 2040 Main Street, Suite 450 Irvine, CA 92614 ADDRESS: E- MAIL [email protected] INSURER(S) AFFORDING COVERAGE NAIC #
www. INSURERA: Sentinel Insurance Company Ltd 11000 risk-strategies.com CA DOI License No. OF06675
INSURED
Lisa Padilla, dba: Cityworks Design
2275 Huntington Dr., Ste # 343
INSURER B: Property and Casualty Insurance Co of Hartford 34690 INSURERC: Liberty Insurance Underwriters, Inc. 19917
San Marino CA 91108 INSURER D:
INSURER E:
1, 000, 000
INSURER F:
10, 000
COVERAGES CERTIFICATE NUMBER: 69932202 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR LTR TYPE OF INSURANCE
ADDL
I
SUBR
POLICY NUMBER
POLICY EFF
MM/ DD/YYYY
POLICY EXP
MM/ DDIYYYY LIMITS
A COMMERCIAL GENERAL LIABILITY 72SBABB5126 8/ 31/ 2022 8/31/ 2023 EACH OCCURRENCE 2, 000, 000 CLAIMS -MADE 11/ 1 OCCUR DAMAGE TO
PREM SES Ea oNTEcurence 1, 000, 000
MED EXP ( Any one person) 10, 000
PERSONAL & ADV INJURY 2, 000, 000
GEN' L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE 4,000, 000 POLICY JECT LOC PRODUCTS- COMP/OPAGG 4,000, 000
OTHER:
A AUTOMOBILE LIABILITY 72SBABB5126 8/ 31/ 2022 8/ 31/ 2023 COMBINED SINGLE LIMIT Ea accident 2, 000, 000
ANY AUTO BODILY INJURY (Per person)
OWNED SCHEDULED
AUTOS ONLY AUTOS
BODILY INJURY (Per accident)
PROPERTY DAMAGE
Per accident
HIRED NON -OWNED
AUTOS ONLY AUTOS ONLY
UMBRELLALIAB OCCUR EACH OCCURRENCE
AGGREGATE EXCESS LIAB CLAIMS -MADE
DED RETENTION $
B WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY Y I N
OFFICER/ MEMBER EXCLUDED?
ECUTIVE
NIA
72WECAS5J29 6/ 1/ 2022 6/ 1/ 2023,/
TATUTE
E. L. EACH ACCIDENT 1, 000, 000
Mandatory in NH) E. L. DISEASE- EA EMPLOYEE 1, 000, 000 If yes, describe under
DESCRIPTION OF OPERATIONS below E. L. DISEASE- POLICY LIMIT 1, 000, 000 C Professional Liability AEXNYABNA6M003 6/ 1/ 2022 6/ 1/ 2023 Per Claim: $2, 000, 000 Aggregate: $2, 000, 000
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES ( ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Projects as on file with the insured including but not limited to Objective Resididential Design Guidelines.
The City of Redondo Beach, its officers, elected and appointed officials, employees, and volunteers are named as additional insureds and primary/non- contributory clause applies to the general liability policy, including the non -owned and hired auto liability - see attached endorsements.
CERTIFICATE HOLDER CANCELLATION
City of Redondo Beach
Community Development Department
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
415 Diamond St., Door 2
Redondo Beach CA 90277
AUTHORIZED REPRESENTATIVE
RSC Insurance Brokerage
ACORD 25 (2016/03)
1988- 2015 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
69930202 1 22- 23 GL- HNOA- WC- PL I Sherry Young 1 8/ 25/ 2022 10: 20: 07 ACA ( PDT) I Page 1 of 15 72SBABB5126
BUSINESS LIABILITY COVERAGE FORM
2. Applicable To Medical Expenses Coverage e. A trust, you are an insured. Your trustees We will not pay expenses for "bodily injury": are also insureds, but only with respect to their duties as trustees.
a. Any Insured
To any insured, except "volunteer workers". 2. Each of the following is also an insured:
b. Hired Person a. Employees And Volunteer Workers
To a person hired to do work for or on behalf Your " volunteer workers" only while of any insured or a tenant of any insured. performing duties related to the conduct of your business, or your "employees", other
c. Injury On Normally Occupied Premises than either your executive officers ( if you To a person injured on that part of are an organization other than a premises you own or rent that the person partnership, joint venture or limited liability normally occupies. company) or your managers ( if you are a d. Workers' Compensation And Similar limited liability company), but only for acts Laws within the scope of their employment by
To a person, whether or not an
you or while performing duties related to
employee" of any insured, if benefits for
the conduct of your business.
the " bodily injury" are payable or must be However, none of these " employees" or provided under a workers' compensation volunteer workers" are insureds for:
or disability benefits law or a similar law. 1) " Bodily injury" or " personal and e. Athletics Activities advertising injury":
To a person injured while practicing, a) To you, to your partners or instructing or participating in any physical members ( if you are a partnership exercises or games, sports or athletic or joint venture), to your members contests. if you are a limited liability
f. Products -Completed Operations Hazard company), or to a co -"employee" while in the course of his or her
Included with the " products -completed employment or performing duties operations hazard". related to the conduct of your
g. Business Liability Exclusions business, or to your other Excluded under Business Liability Coverage.
volunteer workers" while
performing duties related to the
C. WHO IS AN INSURED conduct of your business;
1. If you are designated in the Declarations as: b) To the spouse, child, parent, a. An individual, you and your spouse are brother or sister of that co - insureds, but only with respect to the employee" or that " volunteer conduct of a business of which you are the worker" as a consequence of sole owner. Paragraph ( 1)( a) above;
b. A partnership or joint venture, you are an c) For which there is any obligation insured. Your members, your partners, and to share damages with or repay their spouses are also insureds, but only with someone else who must pay respect to the conduct of your business. damages because of the injury c. A limited liability company, you are an
described in Paragraphs ( 1)( a) or
insured. Your members are also insureds,
b) above; or
but only with respect to the conduct of your d) Arising out of his or her providing business. Your managers are insureds, but or failing to provide professional only with respect to their duties as your health care services. managers. If you are not in the business of
d. An organization other than a partnership, providing professional health care joint venture or limited liability company, you services, Paragraph ( d) does not apply are an insured. Your "executive officers" and to any nurse, emergency medical directors are insureds, but only with respect technician or paramedic employed by to their duties as your officers or directors. you to provide such services.
Your stockholders are also insureds, but only 2) " Property damage" to property:
with respect to their liability as stockholders. a) Owned, occupied or used by,
69932° 02 1 22- 23 GL- HNOA- WC- PL I Sherry Young 1 8/ 25/ 2022 10: 20: 07 ACA ( PDT) I Page 2 of 15 b) Rented to, in the care, custody or
control of, or over which physical
control is being exercised for any
purpose by you, any of your
employees", " volunteer workers",
any partner or member ( if you are
a partnership or joint venture), or
any member ( if you are a limited
liability company).
b. Real Estate Manager
Any person ( other than your "employee" or
volunteer worker"), or any organization
while acting as your real estate manager.
c. Temporary Custodians Of Your
Property
Any person or organization having proper
temporary custody of your property if you
die, but only:
1) With respect to liability arising out of the
maintenance or use of that property; and
2) Until your legal representative has
been appointed.
d. Legal Representative If You Die
Your legal representative if you die, but
only with respect to duties as such. That
representative will have all your rights and
duties under this insurance.
e. Unnamed Subsidiary
Any subsidiary and subsidiary thereof, of
yours which is a legally incorporated entity
of which you own a financial interest of
more than 50% of the voting stock on the
effective date of this Coverage Part.
The insurance afforded herein for any
subsidiary not shown in the Declarations
as a named insured does not apply to
injury or damage with respect to which an
insured under this insurance is also an
insured under another policy or would be
an insured under such policy but for its
termination or upon the exhaustion of its
limits of insurance.
3. Newly Acquired Or Formed Organization
Any organization you newly acquire or form,
other than a partnership, joint venture or
limited liability company, and over which you
maintain financial interest of more than 50% of
the voting stock, will qualify as a Named
Insured if there is no other similar insurance
available to that organization. However:
a. Coverage under this provision is afforded
only until the 180th day after you acquire
or form the organization or the end of the
policy period, whichever is earlier; and
Form SS 00 08 04 05
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BUSINESS LIABILITY COVERAGE FORM
b. Coverage under this provision does not
apply to:
1) " Bodily injury" or " property damage"
that occurred; or
2) " Personal and advertising injury"
arising out of an offense committed
before you acquired or formed the
organization.
4. Operator Of Mobile Equipment
With respect to " mobile equipment' registered in
your name under any motor vehicle registration
law, any person is an insured while driving such
equipment along a public highway with your
permission. Any other person or organization
responsible for the conduct of such person is
also an insured, but only with respect to liability
arising out of the operation of the equipment, and
only if no other insurance of any kind is available
to that person or organization for this liability.
However, no person or organization is an insured
with respect to:
a. " Bodily injury" to a co -"employee" of the
person driving the equipment; or
b. " Property damage" to property owned by,
rented to, in the charge of or occupied by
you or the employer of any person who is
an insured under this provision.
5. Operator of Nonowned Watercraft
With respect to watercraft you do not own that
is less than 51 feet long and is not being used
to carry persons for a charge, any person is an
insured while operating such watercraft with
your permission. Any other person or
organization responsible for the conduct of
such person is also an insured, but only with
respect to liability arising out of the operation
of the watercraft, and only if no other
insurance of any kind is available to that
person or organization for this liability.
However, no person or organization is an
insured with respect to:
a. " Bodily injury" to a co -"employee" of the
person operating the watercraft; or
b. " Property damage" to property owned by,
rented to, in the charge of or occupied by
you or the employer of any person who is
an insured under this provision.
6. Additional Insureds When Required By
Written Contract, Written Agreement Or
Permit
The person(s) or organization( s) identified in
Paragraphs a. through f. below are additional
insureds when you have agreed, in a written
BUSINESS LIABILITY COVERAGE FORM
contract, written agreement or because of a
permit issued by a state or political
subdivision, that such person or organization
be added as an additional insured on your
policy, provided the injury or damage occurs
subsequent to the execution of the contract or
agreement, or the issuance of the permit.
A person or organization is an additional
insured under this provision only for that
period of time required by the contract,
agreement or permit.
However, no such person or organization is an
additional insured under this provision if such
person or organization is included as an
additional insured by an endorsement issued
by us and made a part of this Coverage Part,
including all persons or organizations added
as additional insureds under the specific
additional insured coverage grants in Section
F. — Optional Additional Insured Coverages.
a. Vendors
Any person( s) or organization( s) ( referred to
below as vendor), but only with respect to
bodily injury" or " property damage" arising
out of " your products" which are distributed
or sold in the regular course of the vendor's
business and only if this Coverage Part
provides coverage for " bodily injury" or
property damage" included within the
products -completed operations hazard".
1) The insurance afforded to the vendor
is subject to the following additional
exclusions:
This insurance does not apply to:
a) " Bodily injury" or " property
damage" for which the vendor is
obligated to pay damages by
reason of the assumption of
liability in a contract or agreement.
This exclusion does not apply to
liability for damages that the
vendor would have in the absence
of the contract or agreement; b
b) Any express warranty
unauthorized by you;
c) Any physical or chemical change
in the product made intentionally
by the vendor;
d) Repackaging, except when
unpacked solely for the purpose of
inspection, demonstration, testing,
or the substitution of parts under
instructions from the manufacturer,
and then repackaged in the
original container;
e) Any failure to make such
inspections, adjustments, tests or
servicing as the vendor has
agreed to make or normally
undertakes to make in the usual
course of business, in connection
with the distribution or sale of the
products;
f) Demonstration, installation,
servicing or repair operations,
except such operations performed
at the vendor's premises in
connection with the sale of the
product;
g) Products which, after distribution
or sale by you, have been labeled
or relabeled or used as a
container, part or ingredient of any
other thing or substance by or for
the vendor; or
h) " Bodily injury" or " property
damage" arising out of the sole
negligence of the vendor for its
own acts or omissions or those of
its employees or anyone else
acting on its behalf. However, this
exclusion does not apply to:
i) The exceptions contained in
Subparagraphs (d) or (f); or
ii) Such inspections, adjustments,
tests or servicing as the vendor
has agreed to make or normally
undertakes to make in the usual
course of business, in
connection with the distribution
or sale of the products.
2) This insurance does not apply to any
insured person or organization from
whom you have acquired such products,
or any ingredient, part or container,
entering into, accompanying or
containing such products.
Lessors Of Equipment
1) Any person or organization from
whom you lease equipment; but only
with respect to their 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.
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BUSINESS LIABILITY COVERAGE FORM
2) With respect to the insurance afforded e. Permits Issued By State Or Political to these additional insureds, this Subdivisions
insurance does not apply to any 1) Any state or political subdivision, but occurrence" which takes place after
only with respect to operations
you cease to lease that equipment. performed by you or on your behalf for c. Lessors Of Land Or Premises which the state or political subdivision 1) Any person or organization from has issued a permit. whom you lease land or premises, but 2) With respect to the insurance afforded only with respect to liability arising out to these additional insureds, this of the ownership, maintenance or use insurance does not apply to:
of that part of the land or premises a) " Bodily injury", " property damage" leased to you. or " personal and advertising
2) With respect to the insurance afforded injury" arising out of operations to these additional insureds, this performed for the state or insurance does not apply to: municipality; or
a) Any ' occurrence" which takes b) ' Bodily injury" or " property damage" place after you cease to lease that included within the " products - land or be a tenant in that completed operations hazard". premises; or f. Any Other Party
b) Structural alterations, new 1) Any other person or organization who construction or demolition is not an insured under Paragraphs a. operations performed by or on through e. above, but only with behalf of such person or respect to liability for " bodily injury", organization. property damage" or " personal and
d. Architects, Engineers Or Surveyors advertising injury" caused, in whole or 1) Any architect, engineer, or surveyor, but in part, by your acts or omissions or only with respect to liability for " bodily the acts or omissions of those acting injury", " property damage" or " personal on your behalf:
and advertising injury" caused, in whole a) In the performance of your or in part, by your acts or omissions or ongoing operations; the acts or omissions of those acting on b) In connection with your premises your behalf: owned by or rented to you; or
a) In connection with your premises; c) In connection with " your work" and or included within the " products -
b) In the performance of your completed operations hazard", but ongoing operations performed by only if
you or on your behalf. i) The written contract or written 2) With respect to the insurance afforded agreement requires you to to these additional insureds, the provide such coverage to following additional exclusion applies: such additional insured; and This insurance does not apply to ii) This Coverage Part provides bodily injury", " property damage" or coverage for " bodily injury" or personal and advertising injury" property damage" included arising out of the rendering of or the within the " products - failure to render any professional completed operations hazard". services by or for you, including: 2) With respect to the insurance afforded a) The preparing, approving, or to these additional insureds, this failure to prepare or approve, insurance does not apply to:
maps, shop drawings, opinions, Bodily injury", " property damage" or reports, surveys, field orders, personal and advertising injury" change orders, designs or arising out of the rendering of, or the drawings and specifications; or failure to render, any professional b) Supervisory, inspection, architectural, engineering or surveying architectural or engineering services, including:
activities.
Form SS 00 08 04 05 Page 13 of 24
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BUSINESS LIABILITY COVERAGE FORM
a) The preparing, approving, or
failure to prepare or approve,
maps, shop drawings, opinions,
reports, surveys, field orders,
change orders, designs or
drawings and specifications; or
b) Supervisory, inspection,
architectural or engineering
activities.
The limits of insurance that apply to additional
insureds are described in Section D. — Limits
Of Insurance.
How this insurance applies when other
insurance is available to an additional insured
is described in the Other Insurance Condition
in Section E. — Liability And Medical Expenses
General Conditions.
No person or organization is an insured with
respect to the conduct of any current or past
partnership, joint venture or limited liability
company that is not shown as a Named Insured in
the Declarations.
D. LIABILITY AND MEDICAL EXPENSES
LIMITS OF INSURANCE
1. The Most We Will Pay
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
c. Persons or organizations making claims or
bringing " suits".
2. Aggregate Limits
The most we will pay for:
a. Damages because of " bodily injury" and
property damage" included in the
products -completed operations hazard" is
the Products -Completed Operations
Aggregate Limit shown in the
Declarations.
b. Damages because of all other " bodily
injury", " property damage" or " personal
and advertising injury", including medical
expenses, is the General Aggregate Limit
shown in the Declarations.
This General Aggregate Limit applies
separately to each of your ' locations"
owned by or rented to you.
Location" means premises involving the
same or connecting lots, or premises
whose connection is interrupted only by a
street, roadway or right-of-way of a
railroad.
69932202 1 22- 23 GL- HNOA- WC- PL I Sherry Young 1 8/ 25/ 2020 10: 20: 07 ALI ( PDT) I Page 6 oT 15 This General Aggregate limit does not
apply to " property damage" to premises
while rented to you or temporarily
occupied by you with permission of the
owner, arising out of fire, lightning or
explosion.
3. Each Occurrence Limit
Subject to 2. a. or 2. b above, whichever
applies, the most we will pay for the sum of all
damages because of all " bodily injury",
property damage" and medical expenses
arising out of any one ' occurrence" is the
Liability and Medical Expenses Limit shown in
the Declarations.
The most we will pay for all medical expenses
because of " bodily injury" sustained by any
one person is the Medical Expenses Limit
shown in the Declarations.
4. Personal And Advertising Injury Limit
Subject to 2. b. above, the most we will pay for
the sum of all damages because of all
personal and advertising injury" sustained by
any one person or organization is the Personal
and Advertising Injury Limit shown in the
Declarations.
5. Damage To Premises Rented To You Limit
The Damage To Premises Rented To You
Limit is the most we will pay under Business
Liability Coverage for damages because of
property damage" to any one premises, while
rented to you, or in the case of damage by fire,
lightning or explosion, while rented to you or
temporarily occupied by you with permission of
the owner.
In the case of damage by fire, lightning or
explosion, the Damage to Premises Rented To
You Limit applies to all damage proximately
caused by the same event, whether such
damage results from fire, lightning or explosion
or any combination of these.
6. How Limits Apply To Additional Insureds
The most we will pay on behalf of a person or
organization who is an additional insured
under this Coverage Part is the lesser of:
a. The limits of insurance specified in a
written contract, written agreement or
permit issued by a state or political
subdivision; or
b. The Limits of Insurance shown in the
Declarations.
Such amount shall be a part of and not in
addition to the Limits of Insurance shown in
the Declarations and described in this Section.
Form SS 00 08 04 05
BUSINESS LIABILITY COVERAGE FORM
If more than one limit of insurance under this 1) Immediately send us copies of any policy and any endorsements attached thereto demands, notices, summonses or applies to any claim or "suit", the most we will pay legal papers received in connection under this policy and the endorsements is the with the claim or "suit"; single highest limit of liability of all coverages 2) Authorize us to obtain records and applicable to such claim or " suit". However, this other information; paragraph does not apply to the Medical Expenses 3) Cooperate with us in the investigation, limit set forth in Paragraph 3. above.
settlement of the claim or defense
The Limits of Insurance of this Coverage Part apply against the " suit"; and separately to each consecutive annual period and to 4) Assist us, upon our request, in the any remaining period of less than 12 months, starting enforcement of any right against any with the beginning of the policy period shown in the
person or organization that may be
Declarations, unless the policy period is extended liable to the insured because of injury after issuance for an additional period of less than 12 or damage to which this insurance
months. In that case, the additional period will be
may also apply.
deemed part of the last preceding period for purposes
of determining the Limits of Insurance.
d. Obligations At The Insured' s Own Cost
E. LIABILITY AND MEDICAL EXPENSES
No insured will, except at that insured's own
cost, voluntarily make a payment, assume
GENERAL CONDITIONS any obligation, or incur any expense, other
1. Bankruptcy than for first aid, without our consent.
Bankruptcy or insolvency of the insured or of e. Additional Insured' s Other Insurance the insured's estate will not relieve us of our If we cover a claim or " suit" under this obligations under this Coverage Part. Coverage Part that may also be covered
2. Duties In The Event Of Occurrence, by other insurance available to an Offense, Claim Or Suit additional insured, such additional insured a. Notice Of Occurrence Or Offense must submit such claim or " suit" to the other insurer for defense and indemnity.
You or any additional insured must see to
it that we are notified as soon as
However, this provision does not apply to
practicable of an " occurrence" or an
the extent that you have agreed in a
offense which may result in a claim. To written contract, written agreement or the extent possible, notice should include: permit that this insurance is primary and non- contributory with the additional
1) How, when and where the " occurrence" insured' s own insurance. or offense took place;
f. Knowledge Of An Occurrence, Offense,
2) The names and addresses of any Claim Or Suit
injured persons and witnesses; and
Paragraphs a. and b. apply to you or to
3) The nature and location of any injury any additional insured only when such or damage arising out of the occurrence", offense, claim or " suit" is occurrence" or offense. known to:
b. Notice Of Claim 1) You or any additional insured that is If a claim is made or " suit" is brought an individual; against any insured, you or any additional 2) Any partner, if you or an additional insured must: insured is a partnership;
1) Immediately record the specifics of the 3) Any manager, if you or an additional claim or " suit" and the date received; insured is a limited liability company; and
4) Any " executive officer" or insurance
2) Notify us as soon as practicable. manager, if you or an additional You or any additional insured must see to insured is a corporation; it that we receive a written notice of the 5) Any trustee, if you or an additional claim or "suit" as soon as practicable. insured is a trust; or c. Assistance And Cooperation Of The 6) Any elected or appointed official, if you Insured
or an additional insured is a political
You and any other involved insured must: subdivision or public entity.
Form SS 00 08 04 05 Page 15 of 24
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BUSINESS LIABILITY COVERAGE FORM
This Paragraph f. applies separately to
you and any additional insured.
3. Financial Responsibility Laws
a. When this policy is certified as proof of
financial responsibility for the future under
the provisions of any motor vehicle
financial responsibility law, the insurance
provided by the policy for " bodily injury"
liability and " property damage" liability will
comply with the provisions of the law to
the extent of the coverage and limits of
insurance required by that law.
b. With respect to " mobile equipment" to
which this insurance applies, we will
provide any liability, uninsured motorists,
underinsured motorists, no-fault or other
coverage required by any motor vehicle
law. We will provide the required limits for
those coverages.
4. Legal Action Against Us
No person or organization has a right under
this Coverage Form:
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 Form 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 insurance 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 and the
claimant or the claimant's legal representative.
5. Separation Of Insureds
Except with respect to the Limits of Insurance,
and any rights or duties specifically assigned
in this policy to the first Named Insured, this
insurance applies:
a. As if each Named Insured were the only
Named Insured; and
b. Separately to each insured against whom
a claim is made or "suit" is brought.
6. Representations
a. When You Accept This Policy
By accepting this policy, you agree:
1) The statements in the Declarations
are accurate and complete;
2) Those statements are based upon
representations you made to us; and
69932202 1 22- 53 GL- HNOA- WC- PL I Sherry Young 1 8/ 25/ 2022 10: 20: 07 ALI ( PDT) I Page 8 oT 15 3) We have issued this policy in reliance
upon your representations.
b. Unintentional Failure To Disclose
Hazards
If unintentionally you should fail to disclose
all hazards relating to the conduct of your
business at the inception date of this
Coverage Part, we shall not deny any
coverage under this Coverage Part
because of such failure.
7. Other Insurance
If other valid and collectible insurance is
available for a loss we cover under this
Coverage Part, our obligations are limited as
follows:
a. Primary Insurance
This insurance is primary except when b.
below applies. If other insurance is also
primary, we will share with all that other
insurance by the method described in c.
below.
b. Excess Insurance
This insurance is excess over any of the
other insurance, whether primary, excess,
contingent or on any other basis:
1) Your Work
That is Fire, Extended Coverage,
Builder's Risk, Installation Risk or
similar coverage for "your work";
2) Premises Rented To You
That is fire, lightning or explosion
insurance for premises rented to you
or temporarily occupied by you with
permission of the owner;
3) Tenant Liability
That is insurance purchased by you to
cover your liability as a tenant for
property damage" to premises rented
to you or temporarily occupied by you
with permission of the owner;
4) Aircraft, Auto Or Watercraft
If the loss arises out of the maintenance
or use of aircraft, "autos" or watercraft to
the extent not subject to Exclusion g. of
Section A. — Coverages.
5) Property Damage To Borrowed
Equipment Or Use Of Elevators
If the loss arises out of " property
damage" to borrowed equipment or
the use of elevators to the extent not
subject to Exclusion k. of Section A. —
Coverages.
Form SS 00 08 04 05
6) When You Are Added As An
Additional Insured To Other
Insurance
That is other insurance available to
you covering liability for damages
arising out of the premises or
operations, or products and completed
operations, for which you have been
added as an additional insured by that
insurance; or
7) When You Add Others As An
Additional Insured To This
Insurance
That is other insurance available to an
additional insured.
However, the following provisions
apply to other insurance available to
any person or organization who is an
additional insured under this Coverage
Part:
a) Primary Insurance When
Required By Contract
This insurance is primary if you
have agreed in a written contract,
written agreement or permit that
this insurance be primary. If other
insurance is also primary, we will
share with all that other insurance
by the method described in c.
below.
b) Primary And Non -Contributory
To Other Insurance When
Required By Contract
If you have agreed in a written
contract, written agreement or
permit that this insurance is
primary and non- contributory with
the additional insured' s own
insurance, this insurance is
primary and we will not seek
contribution from that other
insurance.
Paragraphs (a) and ( b) do not apply to
other insurance to which the additional
insured has been added as an
additional insured.
When this insurance is excess, we will
have no duty under this Coverage Part to
defend the insured against any "suit" if any
other insurer has a duty to defend the
insured against that " suit". If no other
insurer defends, we will undertake to do
so, but we will be entitled to the insured' s
rights against all those other insurers.
Form SS 00 08 04 05
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BUSINESS LIABILITY COVERAGE FORM
When this insurance is excess over other
insurance, we will pay only our share of
the amount of the loss, if any, that
exceeds the sum of:
1) The total amount that all such other
insurance would pay for the loss in the
absence of this insurance; and
2) The total of all deductible and selfinsured amounts under all that other insurance.
We will share the remaining loss, if any, with
any other insurance that is not described in
this Excess Insurance provision and was not
bought specifically to apply in excess of the
Limits of Insurance shown in the
Declarations of this Coverage Part.
c. Method Of Sharing
If all the other insurance permits
contribution by equal shares, we will follow
this method also. Under this approach,
each insurer contributes equal amounts
until it has paid its applicable limit of
insurance or none of the loss remains,
whichever comes first.
If any of the other insurance does not permit
contribution by equal shares, we will
contribute by limits. Under this method, each
insurer's share is based on the ratio of its
applicable limit of insurance to the total
applicable limits of insurance of all insurers.
8. Transfer Of Rights Of Recovery Against
Others To Us
a. Transfer Of Rights Of Recovery
If the insured has rights to recover all or
part of any payment, including
Supplementary Payments, we have made
under this Coverage Part, those rights are
transferred to us. The insured must do
nothing after loss to impair them. At our
request, the insured will bring " suit" or
transfer those rights to us and help us
enforce them. This condition does not
apply to Medical Expenses Coverage.
b. Waiver Of Rights Of Recovery (Waiver
Of Subrogation)
If the insured has waived any rights of
recovery against any person or
organization for all or part of any payment,
including Supplementary Payments, we
have made under this Coverage Part, we
also waive that right, provided the insured
waived their rights of recovery against
such person or organization in a contract,
agreement or permit that was executed
prior to the injury or damage.
BUSINESS LIABILITY COVERAGE FORM
F. OPTIONAL ADDITIONAL INSURED 3. Additional Insured - Grantor Of Franchise COVERAGES WHO IS AN INSURED under Section C. is
If listed or shown as applicable in the Declarations, amended to include as an additional insured one or more of the following Optional Additional
the person(s) or organization( s) shown in the
Insured Coverages also apply. When any of these
Declarations as an Additional Insured -
Optional Additional Insured Coverages apply, Grantor Of Franchise, but only with respect to Paragraph 6. ( Additional Insureds When Required their liability as grantor of franchise to you. by Written Contract, Written Agreement or Permit) 4. Additional Insured - Lessor Of Leased of Section C., Who Is An Insured, does not apply Equipment to the person or organization shown in the a. WHO IS AN INSURED under Section C. is Declarations. These coverages are subject to the amended to include as an additional terms and conditions applicable to Business insured the person( s) or organization( s) Liability Coverage in this policy, except as shown in the Declarations as an Additional provided below: Insured — Lessor of Leased Equipment,
1. Additional Insured - Designated Person Or but only with respect to liability for " bodily Organization injury", " property damage" or " personal
WHO IS AN INSURED under Section C. is and advertising injury" caused, in whole or amended to include as an additional insured in part, by your maintenance, operation or the person( s) or organization( s) shown in the use of equipment leased to you by such Declarations, but only with respect to liability
person( s) or organization( s).
for " bodily injury", " property damage" or b. With respect to the insurance afforded to personal and advertising injury" caused, in these additional insureds, this insurance whole or in part, by your acts or omissions or does not apply to any ' occurrence" which the acts or omissions of those acting on your takes place after you cease to lease that behalf: equipment.
a. In the performance of your ongoing 5. Additional Insured - Owners Or Other operations; or Interests From Whom Land Has Been
b. In connection with your premises owned
Leased
by or rented to you. a. WHO IS AN INSURED under Section C. is
2. Additional Insured - Managers Or Lessors amended to include as an additional Of Premises insured the person( s) or organization( s)
shown in the Declarations as an Additional
a. WHO IS AN INSURED under Section C. is Insured — Owners Or Other Interests From amended to include as an additional insured Whom Land Has Been Leased, but only the person(s) or organization( s) shown in the with respect to liability arising out of the Declarations as an Additional Insured - ownership, maintenance or use of that part Designated Person Or Organization; but only of the land leased to you and shown in the with respect to liability arising out of the Declarations. ownership, maintenance or use of that part of
the premises leased to you and shown in the b. With respect to the insurance afforded to Declarations. these additional insureds, the following
additional exclusions apply:
b. With respect to the insurance afforded to
these additional insureds, the following This insurance does not apply to:
additional exclusions apply: 1) Any ' occurrence" that takes place This insurance does not apply to:
after you cease to lease that land; or
1) Any ' occurrence" which takes place
2) Structural alterations, new
after you cease to be a tenant in that construction or demolition operations premises; or performed by or on behalf of such
person or organization.
2) Structural alterations, new
construction or demolition operations 6. Additional Insured - State Or Political performed by or on behalf of such
Subdivision — Permits
person or organization. a. WHO IS AN INSURED under Section C. is amended to include as an additional
insured the state or political subdivision
shown in the Declarations as an Additional
69932202 1 22- 23 GL- HNOA- WC- PL I Sherry Young 1 8/ 25/ 2020 10: 20: 07 ALI ( PDT) I Page 10 oT 15
BUSINESS LIABILITY COVERAGE FORM
Insured — State Or Political Subdivision - e) Any failure to make such Permits, but only with respect to inspections, adjustments, tests or operations performed by you or on your servicing as the vendor has agreed behalf for which the state or political to make or normally undertakes to subdivision has issued a permit. make in the usual course of b. With respect to the insurance afforded to business, in connection with the these additional insureds, the following distribution or sale of the products; additional exclusions apply: f) Demonstration, installation, This insurance does not apply to: servicing or repair operations, except such operations performed
1) Bodily injury", property damage or at the vendor's premises in personal and advertising injury" connection with the sale of the arising out of operations performed for product;
the state or municipality; or
g) Products which, after distribution
2) " Bodily injury" or " property damage" or sale by you, have been labeled included in the " product -completed
or relabeled or used as a
operations" hazard. container, part or ingredient of any
7. Additional Insured —Vendors other thing or substance by or for a. WHO IS AN INSURED under Section C. is the vendor; or amended to include as an additional h) " Bodily injury" or " property insured the person( s) or organization( s) damage" arising out of the sole referred to below as vendor) shown in the negligence of the vendor for its Declarations as an Additional Insured - own acts or omissions or those of Vendor, but only with respect to " bodily its employees or anyone else injury" or " property damage" arising out of acting on its behalf. However, this your products" which are distributed or exclusion does not apply to:
sold in the regular course of the vendor's
i) The exceptions contained in
business and only if this Coverage Part Subparagraphs d orf or provides coverage for " bodily injury" or
property damage" included within the ii) Such inspections, products -completed operations hazard". adjustments, tests or servicing as the vendor has agreed to
b. The insurance afforded to the vendor is
make or normally undertakes
subject to the following additional exclusions: to make in the usual course of 1) This insurance does not apply to: business, in connection with a) " Bodily injury" or " property the distribution or sale of the damage" for which the vendor is products.
obligated to pay damages by 2) This insurance does not apply to any reason of the assumption of insured person or organization from liability in a contract or agreement. whom you have acquired such This exclusion does not apply to products, or any ingredient, part or liability for damages that the container, entering into, vendor would have in the absence accompanying or containing such of the contract or agreement; products.
b) Any express warranty 8. Additional Insured — Controlling Interest unauthorized by you; WHO IS AN INSURED under Section C. is c) Any physical or chemical change amended to include as an additional insured in the product made intentionally the person(s) or organization( s) shown in the by the vendor; Declarations as an Additional Insured —
d) Repackaging, unless unpacked Controlling Interest, but only with respect to solely for the purpose of inspection, their liability arising out of:
demonstration, testing, or the a. Their financial control of you; or substitution of parts under b. Premises they own, maintain or control instructions from the manufacturer, while you lease or occupy these premises. and then repackaged in the original
container;
Form SS 00 08 04 05 Page 19 of 24
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BUSINESS LIABILITY COVERAGE FORM
This insurance does not apply to structural
alterations, new construction and demolition
operations performed by or for that person or
organization.
9. Additional Insured — Owners, Lessees Or
Contractors — Scheduled Person Or
Organization
a. WHO IS AN INSURED under Section C. is
amended to include as an additional
insured the person( s) or organization( s)
shown in the Declarations as an Additional
Insured — Owner, Lessees Or Contractors,
but only with respect to liability for " bodily
injury", " property damage" or " personal
and advertising injury" caused, in whole or
in part, by your acts or omissions or the
acts or omissions of those acting on your
behalf:
1) In the performance of your ongoing
operations for the additional
insured( s); or
2) In connection with " your work"
performed for that additional insured
and included within the " products -
completed operations hazard", but
only if this Coverage Part provides
coverage for " bodily injury" or
property damage" included within the
products -completed operations
hazard".
b. With respect to the insurance afforded to
these additional insureds, this insurance
does not apply to " bodily injury", " property
damage" or " personal an 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 failure to
prepare or approve, maps, shop
drawings, opinions, reports, surveys,
field orders, change orders, designs or
drawings and specifications; or
2) Supervisory, inspection, architectural
or engineering activities.
10. Additional Insured — Co -Owner Of Insured
Premises
WHO IS AN INSURED under Section C. is
amended to include as an additional insured
the person( s) or Organization(s) shown in the
Declarations as an Additional Insured — Co -
Owner Of Insured Premises, but only with
respect to their liability as co-owner of the
premises shown in the Declarations.
The limits of insurance that apply to additional
insureds are described in Section D. — Limits Of
Insurance.
How this insurance applies when other insurance
is available to an additional insured is described in
the Other Insurance Condition in Section E. —
Liability And Medical Expenses General
Conditions.
G. LIABILITY AND MEDICAL EXPENSES
DEFINITIONS
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1. " Advertisement' means the widespread public
dissemination of information or images that
has the purpose of inducing the sale of goods,
products or services through:
a. ( 1) Radio;
2) Television;
3) Billboard;
4) Magazine;
5) Newspaper;
b. The Internet, but only that part of a web
site that is about goods, products or
services for the purposes of inducing the
sale of goods, products or services; or
c. Any other publication that is given
widespread public distribution.
However, "advertisement' does not include:
a. The design, printed material, information
or images contained in, on or upon the
packaging or labeling of any goods or
products; or
b. An interactive conversation between or
among persons through a computer network.
2. " Advertising idea" means any idea for an
advertisement".
3. " Asbestos hazard" means an exposure or
threat of exposure to the actual or alleged
properties of asbestos and includes the mere
presence of asbestos in any form.
4. " Auto" means a land motor vehicle, trailer or
semi -trailer designed for travel on public
roads, including any attached machinery or
equipment. But " auto" does not include
mobile equipment".
5. " Bodily injury" means physical:
a. Injury;
b. Sickness; or
c. Disease
sustained by a person and, if arising out of the
above, mental anguish or death at any time.
6. " Coverage territory" means:
Form SS 00 08 04 05
Policy Number: 72SBaae5859
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY' This endorsement modifies insurance provided under the following:
BUSINESS LIABILITY COVERAGE FORM
This coverage is subject to all provisions in the moved from the place where they are BUSINESS LIABILITY COVERAGE FORM not accepted bythe ^inoured^ for movement into expressly modified herein: oronto the covered " auto"; or c. After the " pollutants" or any property in
A. Amended Coverage: which the " pollutants" are contained are moved from the covered " auto" hothe place
Coverage is extended to " bodily injury" and where they are finally de| ivered. disposed of prope ydamage" arising out ofthe use ofa" hired orabandoned bythe "inoured" auto" and " non-ownedauto"
Panagrapha. abov do anotapp|ytofu| a. B. paragraph B. EXCLUSIONS is amended as f|uida, exhaust gases or other follows:|
ubricanto,
similar " pollutants" that are needed for or
1. Exclusion g. Aircraft. Auto mrWatercraft does result from the normal e| eotrioa|, hydraulic not apply to a " hired auto" or a " non -owned or mechanical functioning of the covered auto" auto" orits parts, if:
2. Exclusion e. Employers Liability does not 1) The ^ poUuhants^ escape, seep, mignate, apply to " bodily injury" to domestic " employees" or are discharged or released directly not entitled to workers' compensation benefits from an " auto" part designed by its or to liability assumed by the "insured" under an manufacturer to ho|d, otore, receive, or insured contract". dispose ofsuch " poUuhanta"; and
3. Exclusion [ Pollution is replaced by the 2) The " bodily injury" and " property following: damage" does not arise out of the
Bodily injury" or" property damage" arising out operation of any equipment listed in of the actual, alleged or threatened discharge, paragraphs 15.b. and 15. c. of the diapenaa|, oeepage, migration, release or
definition of" mobile equipment'
escape of" po||utanto": Paragraphs b. and o. above donot apply to a. That are, or that are contained in any accidents" that occur away from premises property that is: owned by or rented to an " insured" with 1) Being tranopo edortovvedby, handled,
respect to " pollutants" not in or upon a
covered " auto" if
or handled for movement into, onto or
from, the covered " auto"; 1) The " pollutants" or any property in 2) Otherwise in the course of transit by or
which the " pollutants" are contained are
onbehalf ofthe "inoured" or
upset, overturned or damaged as a
result of the maintenance or use of a
3) Being atored, disposed of, treated or covered " auto"; and processed in or upon the covered
auto"
b. Before the " pollutants" or any property in
which the " pollutants" are contained are
Form SS 04 38 09 09
@ 208. The Hartford
Includes copyrighted material ofISO Properties, | no.. with its permission)
2) The discharge, dispersal, seepage,
migration, release or escape of the
pollutants" is caused directly by such
upset, overturn or damage as a result of
the maintenance or use of a covered
auto".
D
4. With respect to this coverage, the following
additional exclusions apply:
a. Fellow employee
Coverage does not apply to " bodily injury" to
any fellow " employee" of the " insured"
arising out of the operation of an " auto"
owned by the " insured" in the course of the
fellow "employee' s" employment.
b. Care, custody or control
Coverage does not apply to " property
damage" involving property owned or
transported by the " insured" or in the
insured' s" care, custody or control.
C. With respect to " hired auto" and " non -owned auto" coverage, Paragraph C. WHO IS AN INSURED is
deleted and replaced by the following:
The following are " insureds":
a. You.
b. Your " employee" while using with your
permission:
1) An " auto" you hire or borrow; or
2) An " auto" you don' t own, hire or borrow in
your business or personal affairs; or
3) An " auto" hired or rented by your
employee" on your behalf and at your
direction.
c. Anyone else while using a " hired auto" or " non -
owned auto" with your permission except:
1) The owner or anyone else from whom you
hire or borrow an " auto".
2) Someone using an auto while he or she is
working in a business of selling, servicing,
repairing, parking or storing " autos" unless
that business is yours. E.
3) Anyone other than your " employees",
partners ( if you are a partnership), members
if you are a limited liability company), or a
lessee or borrower or any of their
employees", while moving property to or
from an " auto".
4) A partner ( if you are a partnership), or a
member ( if you are a limited liability
company) for an " auto" owned by him or her
or a member of his or her household.
d. Anyone liable for the conduct of an " insured"
described above but only to the extent of that
liability.
With respect to the operation of a " hired auto" and
non -owned auto", the following additional
conditions apply:
1. OTHER INSURANCE
a. Except for any liability assumed under an
insured contract" the insurance provided by
this Coverage Form is excess over any
other collectible insurance.
However, if your business is the selling,
servicing, repairing, parking or storage of
autos", the insurance provided by this
endorsement is primary when covered
bodily injury" or " property damage" arises
out of the operation of a customer's " auto"
by you or your "employee".
b. When this Coverage Form and any other
Coverage Form or policy covers on the
same basis, either excess or primary, we
will pay only our share. Our share is the
proportion that the Limit of Insurance of our
Coverage Form bears to the total of the
limits of all the Coverage Forms and policies
covering on the same basis.
2. TWO OR MORE COVERAGE FORMS OR
POLICIES ISSUED BY US
If the Coverage Form and any other Coverage
Form or policy issued to you by us or any
company affiliated with us apply to the same
accident", the aggregate maximum Limit of
Insurance under all the Coverage Forms or
policies shall not exceed the highest applicable
Limit of Insurance under any one Coverage
Form or policy. This condition does not apply to
any Coverage Form or policy issued by us or an
affiliated company specifically to apply as
excess insurance over this Coverage Form.
The following definitions are added:
G. LIABILITY AND MEDICAL EXPENSES
DEFINITIONS:
1. " Hired auto" means any " auto" you lease,
hire, rent or borrow. This does not include
any auto you lease, hire, rent or borrow
from any of your "employees", your partners
if you are a partnership), members ( if you
are a limited liability company),
69932202 1 22- 23 GL- HNOA- WC- PL I Sherry Young 1 8/ 25/ 202° 10: 20: 07 AM ( PDT) I Page 14 of 15 or your " executive officers" or members of
their households.
This does not include a long-term leased
auto" that you insure as an owned " auto"
under any other auto liability insurance
policy or a temporary substitute for an
auto" you own that is out of service
because of its breakdown, repair, servicing
or destruction.
2. " Non -owned auto " means any " auto" you
do not own, lease, hire, rent or borrow
which is used in connection with your
business. This includes:
a. " Autos" owned by your " employees" your
partners ( if you are a partnership),
members ( if you are a limited liability
company), or your " executive officers",
or members of their households, but
only while used in your business or your
personal affairs.
b. Customer's " auto" that is in your care,
custody or control for service.
Form SS 04 38 09 09
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