Hybrid Options are available for members of the public to participate. To participate remotely:
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Dial (669) 900-6833
Enter Meeting ID: 914 0075 0676#
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VALLEJO CITY COUNCIL
REGULAR MEETING – 7:00 PM
COUNCIL CHAMBERS
555 Santa Clara Street, Vallejo, California
DECEMBER 12, 2023
NOTICE: Members of the Public will be able to participate in-person or remotely via Zoom.
City Hall and the Council Chambers will be open to members of the public 30 minutes prior to the start of the meeting.
PUBLIC COMMENT: Members of the Public may provide public comments during the City Council Meeting in person or via ZOOM
(https://ZoomRegular.Cityofvallejo.net), or via phone, by dialing (669) 900-6833.
For additional instructions on how to speak remotely during public comment, please visit, www.cityofvallejo.net/publiccomment
VIEW THE MEETING:
There are four different ways you can view this public meeting:
• In Person
• Watch Vallejo local channel 28
• Stream from the City website: www.cityofvallejo.net/Streaming • Join the Zoom webinar:https://ZoomRegular.Cityofvallejo.net
Vallejo City Council Chambers ADA compliant. Devices for the hearing impaired are available from the City Clerk. Requests for disability related modifications or accommodations, aids or services may be made by a person with a disability to the City Clerk's office no less than 72 hours prior to the meeting as required by Section 202 of the Americans with Disabilities Act of 1990 and the federal rules and regulations adopted in implementation thereof.
1. CALL TO ORDER
2. ROLL CALL
3. PLEDGE OF ALLEGIANCE
4. REPORT OUT OF CLOSED SESSION
5. PRESENTATIONS AND COMMENDATIONS
A. PRESENTATION BY THE CITY OF VALLEJO YOUTH DELEGATION ABOUT
THE NATIONAL LEAGUE OF CITIES CONFERENCE TRIP TO ATLANTA
6. FIRST COMMUNITY FORUM
The Community Forum is an opportunity to address the Council on any matter for which another opportunity to speak is not provided on the agenda, and which is within the jurisdiction of the Council to resolve. Any interested members of the public desiring to communicate with the City Council as part of the First Community Forum may do so in person by signing in to the Public Speaker's kiosk located in the back of the Council Chambers or via ZOOM:(https://ZoomRegular.Cityofvallejo.net), Option to join by phone: Dial (669) 900-6833. Enter Meeting ID: 914 0075 0676#. Press * 9 to digitally raise your hand from the phone. Press *6 to unmute/mute. For additional instructions on how to speak remotely during public comment, please visit, www.cityofvallejo.net/publiccomment. In person speakers will be recognized first. When called upon, each speaker should step to the podium, state his/her name for the record. The conduct of the community forum shall be limited to a maximum of fifteen (15) minutes, with each speaker limited to a maximum of three minutes pursuant to Vallejo Municipal Code Section 2.02.300.
7. PUBLIC COMMENT REGARDING CONSENT CALENDAR ITEMS
Members of the public wishing to address the Council on Consent Calendar items may do so in person by signing in to the Public Speaker's kiosk located in the back of the Council Chambers or via ZOOM:(https://ZoomRegular.Cityofvallejo.net), Option to join by phone: Dial (669) 900-6833. Enter Meeting ID: 914 0075 0676#. Press * 9 to digitally raise your hand from the phone. Press *6 to unmute/mute. For additional instructions on how to speak remotely during public comment, please visit, www.cityofvallejo.net/publiccomment. In person speakers will be recognized first. Each speaker is limited to three minutes pursuant to Vallejo Municipal Code Section 2.02.310. Requests for removal of Consent Items received from the public are subject to approval by a majority vote of the Council. Items removed from the Consent Calendar will be heard immediately after approval of the Consent Calendar and Agenda.
8. CONSENT CALENDAR AND APPROVAL OF AGENDA
A. APPROVAL OF MINUTES
Recommendation: Approve minutes for the special and regular meetings of November 28, 2023
Contact: Dawn G. Abrahamson, MMC, City Clerk (707) 648-4527 [email protected]
B. WAIVE FULL READING AND AUTHORIZING INTRODUCTIONS AND/OR
ADOPTION OF ORDINANCES BY TITLE ONLY
Recommendation: Waive reading and authorize introductions and/or adoption of any and all ordinances on this agenda, if any, by title only. This is a standard procedural action so the City Council does not have to read an ordinance in its entirety.
Contact: Dawn G. Abrahamson, MMC, City Clerk (707) 648-4527 [email protected]
C. ADOPT A RESOLUTION ESTABLISHING A SCHEDULE OF REGULAR CITY COUNCIL MEETINGS FOR 2024 AND 2025
Recommendation: Adopt a resolution establishing a schedule of regular City Council meetings for 2024 and 2025.
Contact: Dawn G. Abrahamson, City Clerk (707) 648-4528
[email protected]
D. ACCEPT THE HIDDENBROOKE PARKWAY LANDSCAPE IMPROVEMENT / REHABILITATION PROJECT (PROJECT NOS. PWL001 AND PW9435),
PERFORMED BY MCGUIRE AND HESTER AS COMPLETE, AND
AUTHORIZE THE CITY CLERK TO FILE A NOTICE OF COMPLETION WITH
THE SOLANO COUNTY RECORDER'S OFFICE
Recommendation: Accept the Hiddenbrooke Parkway Landscape Improvement / Rehabilitation Project (Project Nos. PWL001 and PW9435), performed by McGuire and Hester of Alameda, California, as complete, and authorize the City Clerk to file a Notice of Completion with the Solano County Recorder’s Office.
Contact: Mark Helmbrecht, Acting Public Works Director (707) 645-2601 [email protected]
E. ADOPT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VALLEJO APPROVING THE FIRST AMENDMENT TO THE EQUIPMENT
PURCHASE AGREEMENT WITH JM SQUARED ASSOCIATES, INC. FOR
HIGHLY SPECIALIZED EQUIPMENT FOR A NOT TO EXCEED AMOUNT OF $300,000 AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE SAME
Recommendation: Adopt a resolution approving the First Amendment to the Equipment Purchase Agreement with JM Squared Associates, Inc. for deep- well submersible pumps for the water treatment plants for a not-to-exceed amount of $300,000 and extend through June 30, 2025 and authorize the City Manager to execute same.
Contact: Beth Schoenberger, Water Director, 707-648-5439 [email protected]
F. ADOPT A RESOLUTION REPEALING RESOLUTION 23-003 N.C. AND
MAKING CHANGES TO COUNCIL MEMBER APPOINTMENTS TO
VARIOUS COMMISSIONS, BOARDS AND COMMITTEES FOR THE YEAR 2023 TO INCLUDE APPOINTMENT OF COUNCIL LIAISON TO THE
MEASURE P OVERSIGHT COMMITTEE
Recommendation: Repeal Resolution No. 23-003 N.C. and adopt a new Resolution consenting to and approving changes to various appointments to Commissions, Boards and Committees for 2023 to include a council liaison to the Measure P Oversight Committee
Contact: Dawn G. Abrahamson, City Clerk (707) 648-4528
[email protected]
9. ACTION CALENDAR
NOTICE: Members of the public wishing to address the Council on Action Calendar Items may do so in person by signing in to the Public Speaker's kiosk located in the back of the Council Chambers or via ZOOM (https://ZoomRegular.Cityofvallejo.net), or via phone, by dialing (669) 900-6833. Enter Meeting ID: 914 0075 0676#. Press *9 to digitally raise your hand from the phone. Press *6 to unmute/mute. For additional instructions on how to speak remotely during public comment, please visit, www.cityofvallejo.net/publiccomment. Each speaker is limited to five minutes pursuant to Vallejo Municipal Code Section 2.02.420 or as approved and announced by the Mayor. In person speakers will be recognized first.
A. CONSIDER REQUEST BY MAYOR MCCONNELL TO AGENDIZE COUNCIL
CONSIDERATION OF ADOPTING A RESOLUTION RELATING TO THE
SITUATION IN GAZA (STEP 1)
Recommendation: Consider Mayor McConnell’s request and direct staff to prepare and present relevant materials at a future meeting when the full Council will be present
Contact: Mayor McConnell
[email protected]
B. DISCUSSION AND POSSIBLE DIRECTION TO STAFF AS REQUESTED BY
COUNCIL MEMBER BREGENZER TO CONSIDER ADDITIONAL RED LIGHT
ENFORCEMENT CAMERAS AND/OR POSSIBLY OTHER TECHNOLOGY
TO ASSIST THE POLICE DEPARTMENT (STEP 2)
Recommendation: Provide direction to staff on the possible acquisition and implementation of additional red light enforcement cameras and/or other technology which could assist the Police Department.
Contact: Councilmember Bregenzer
[email protected]
C. CONSIDER REQUEST FROM COUNCIL MEMBER BREGENZER RELATING
TO THE POSSIBLE SALE OF HERBERT HOUSE, CURRENTLY LOCATED AT 2 FLORIDA STREET, WITH OR WITHOUT THE SALE OF THE
UNDERLYING PROPERTY AND/OR RELOCATION THEREOF AND
PROVIDE DIRECTION TO STAFF (STEP 2)
Recommendation: Provide direction to staff relating to: (1) the possible declaration of the Herbert House as Surplus Property; (2) authorization for sale thereof, either with or without the underlying property; and (3) possible relocation thereof.
Contact: Councilmember Bregenzer
[email protected]
10. INFORMATION CALENDAR
NOTICE: Members of the public wishing to address the Council on Information Calendar Items may do so in person by signing in to the Public Speaker's kiosk located in the back of the Council Chambers or via ZOOM
(https://ZoomRegular.Cityofvallejo.net), or via phone, by dialing (669) 900-6833. Enter Meeting ID: 914 0075 0676#. Press *9 to digitally raise your hand from the phone. Press *6 to unmute/mute. For additional instructions on how to speak remotely during public comment, please visit, www.cityofvallejo.net/publiccomment. Each speaker is limited to five minutes pursuant to Vallejo Municipal Code Section 2.02.420 or as approved and announced by the Mayor. In person speakers will be recognized first.
A. RECEIVE AN UPDATE ON THE PUBLIC SAFETY STAFFING EMERGENCY Recommendation: Receive an update on the public safety staffing emergency proclamation. This item is for informational purposes only. There is no staff report or action associated with this item
Contact: Jason Ta, Interim Police Chief (707) 648-4540
[email protected]
11. CITY MANAGER’S REPORT
12. CITY ATTORNEY’S REPORT
13. COMMUNITY FORUM
Any interested members of the public desiring to communicate with the City Council as part of the last Community Forum may do so in person by signing in to the Public Speaker's kiosk located in the back of the Council Chambers or via ZOOM:(https://ZoomRegular.Cityofvallejo.net), Option to join by phone: Dial (669) 900-6833. Enter Meeting ID: 914 0075 0676#. Press * 9 to digitally raise your hand from the phone. Press *6 to unmute/mute. For additional instructions on how to speak remotely during public comment, please visit, www.cityofvallejo.net/publiccomment. In person speakers will be recognized first.
14. REPORT OF THE PRESIDING OFFICER AND MEMBERS OF THE CITY COUNCIL
15. ADJOURNMENT
___________________________________________________________________________________________
ADDITIONAL CITY INFORMATION
Members of the public can:
Like us on Facebook and Instagram (@cityofvallejo)
Sign up to receive City Communications via e-mail (www.cityofvallejo.net/subscribe) Sign up for emergency alerts at: alertsolano.com
Dated: Tuesday, December 5, 2023
Robert H. McConnell, Mayor
I, Dawn Abrahamson, City Clerk do hereby certify that I have caused a true copy of the above notice and agenda to be delivered to each of the members of the Vallejo City Council, at the time and in the manner prescribed by law and that this agenda was posted at City Hall, 555 Santa Clara Street, CA at 4:00 p.m., Tuesday, December 5, 2023.
Dated: Tuesday, December 5, 2023
Dawn G. Abrahamson, City Clerk
Special City Council Meeting Minutes
November 28, 2023
Page | 1
VALLEJO CITY COUNCIL
SPECIAL MEETING MINUTES
NOVEMBER 28, 2023
COUNCIL CHAMBERS
555 Santa Clara Street, Vallejo, California
1. CALL TO ORDER
The meeting was called to order at 5:31 p.m.
2. ROLL CALL
Present: Mayor McConnell, Vice Mayor Verder-Aliga, Councilmembers Arriola, Bregenzer, Loera-Diaz, Matulac, and Palmares
Absent: None
Staff present: City Manager Malone, Chief Assistant City Attorney Risner, City Attorney Nebb, Assistant City Manager Davis and Human Resources Director Sifuentes Speakers: Stephen Hallett, Anne Carr, and AJ.
Mayor McConnell read into the record Resolution No. 22-213 N.C. adopted by the City Council on December 20, 2022.
The Council convened into Closed Session at 5:48 p.m.
3. CLOSED SESSION
A. Public Employee Performance Evaluation - Pursuant to Government Code Section 54957
Title: City Manager
B. Public Employment
Title: City Manager
Pursuant to Government Code Section 54957
4. ADJOURNMENT
The meeting adjourned at 6:55 p.m.
________________________________
ROBERT H. MCCONNELL, MAYOR
Special City Council Meeting Minutes
November 28, 2023
Page | 2
ATTEST:
_________________________________
DAWN G. ABRAHAMSON, CITY CLERK
Regular City Council Meeting Minutes
November 28, 2023
Page | 1
VALLEJO CITY COUNCIL
REGULAR MEETING MINUTES
NOVEMBER 28, 2023
COUNCIL CHAMBERS
555 Santa Clara Street, Vallejo, California
1. CALL TO ORDER
The meeting was called to order at 7:03 p.m.
2. ROLL CALL
Present: Mayor McConnell, Vice Mayor Verder-Aliga, Councilmembers Arriola, Bregenzer, Loera-Diaz, Matulac, and Palmares
Absent: None
Staff present: City Manager Malone, Chief Assistant City Attorney Risner, City Attorney Nebb and City Clerk Abrahamson
3. PLEDGE OF ALLEGIANCE
4. REPORT OUT OF CLOSED SESSION
Chief Assistant City Attorney Risner reported staff provided direction to staff on Closed Session Items 3A and 3B. No other action was taken.
5. PRESENTATIONS AND COMMENDATIONS
Action: A video introducing new employees was aired and David Garti, Community Development Manager provided a presentation and overview of MCE.
A. INTRODUCTION OF NEW EMPLOYEES
B. PRESENTATION BY MCE
6. FIRST COMMUNITY FORUM
Speakers: Brandon Barrett, Susan Nichols, Sherianne Grimm, Daniel Boone, Richard Hybels, Lillie Hurd, Jose Carrizales, David Belef, Joan Leone, Stephen Hallett, Aaron K., Lyn Veal, Saida Adem, Fauza Ayyad, Shukerya H., Luis A., Sage A., Zenith, Aymen, Ashraf A., and Chris.
The meeting recessed at 8:10 p.m. and reconvened at 8:29 p.m.
Community Forum Continued
Speakers: Cindy, Mimi A., and Hasan.
7. PUBLIC COMMENT REGARDING CONSENT CALENDAR ITEMS
Speakers: None.
8. CONSENT CALENDAR AND APPROVAL OF AGENDA
Action: Moved by Vice Mayor Verder-Aliga and carried unanimously, unless otherwise noted, approval of the Agenda and the Consent Calendar.
Regular City Council Meeting Minutes
November 28, 2023
Page | 2
A. APPROVAL OF MINUTES
Recommendation: Approve minutes for the special meetings of November 7 and the special and regular meetings of November 14 and the special meeting of November 16, 2023
Contact: Dawn G. Abrahamson, MMC, City Clerk (707) 648-4527 [email protected]
Action: approved minutes.
B. WAIVE FULL READING AND AUTHORIZING INTRODUCTIONS AND/OR
ADOPTION OF ORDINANCES BY TITLE ONLY
Recommendation: Waive reading and authorize introductions and/or adoption of any and all ordinances on this agenda, if any, by title only. This is a standard procedural action so the City Council does not have to read an ordinance in its entirety.
Contact: Dawn G. Abrahamson, MMC, City Clerk (707) 648-4527 [email protected]
Action: waived reading and authorized introductions and/or adoption of any and all ordinances on this agenda, if any, by title only. This is a standard procedural action so the City Council does not have to read an ordinance in its entirety.
C. PAYMENT OF CLAIMS: SEPTEMBER 2023
Recommendation: Ratify the payment of claims for the period of September 1, 2023 through September 30, 2023.
Contact: Rekha Nayar, Finance Director (707) 648-4592
[email protected]
Action: ratified payment of claims for September 1-30, 2023.
D. ADOPT A RESOLUTION AMENDING THE MARINA FUND (#415) BUDGET FOR FISCAL YEAR 2023-2024 TO RECOGNIZE GRANT REVENUE IN THE AMOUNT OF $150,000 FROM THE CALIFORNIA STATE PARKS DIVISION
OF BOATING AND WATERWAYS AND APPROPRIATE FUNDS
Recommendation: Adopt a resolution amending the Marina Fund (#415) budget for fiscal year 2023-2024 to recognize grant revenue in the amount of $150,000 from the California State Parks Division of Boating and Waterways and appropriate funds.
Contact: Mark Helmbrecht, Acting Public Works Director, 707-648-4433 [email protected]
Action: adopted Resolution No. 23-190 N.C.
E. ADOPT A RESOLUTION APPROVING THE ANNUAL AB 1600
DEVELOPMENT IMPACT FEE REPORTS FOR THE FISCAL YEAR ENDED JUNE 30, 2023
Recommendation: Adopt a Resolution approving the annual AB 1600 Development Impact Fee Reports for the fiscal year ended June 30, 2023.
Contact: Mark Helmbrecht, Acting Public Works Director (707) 645-2601 [email protected]
Action: adopted Resolution No. 23-191 N.C.
F. ADOPT RESOLUTION APPROVING THE SIXTH AMENDMENT TO THE Regular City Council Meeting Minutes
November 28, 2023
Page | 3
CONSULTANT AND PROFESSIONAL SERVICES AGREEMENT BETWEEN
THE CITY OF VALLEJO, COUNTY OF SOLANO AND HUMANE SOCIETY
OF THE NORTH BAY FOR ANIMAL CONTROL SERVICES AND LOCAL
SHELTERING
Recommendation: Adopt Resolution Approving the Sixth Amendment to the Consultant and Professional Services Agreement with Solano County and the Humane Society of the North Bay for Animal Control Services and Local Sheltering, in an additional amount not to exceed $52,000 for the fiscal year ending June 30, 2024 and Authorizing the City Manager to Execute Same.
Contact: Michael Malone, City Manager (707) 648-4572
[email protected]
Action: adopted Resolution No. 23-192 N.C.
G. ADOPT A RESOLUTION APPROVING A FIRST AMENDMENT TO THE VENDOR SERVICE AGREEMENT WITH ENPRO ELEVATOR, INC. TO
INCREASE THE AMOUNT OF THE CONTRACT TO A TOTAL AMOUNT NOT TO EXCEED $500,000 FOR CONTINUED WORK AT CITY FACILITIES AND
AUTHORIZING THE CITY MANAGER TO EXECUTE SAME
Recommendation: Adopt a Resolution approving a First Amendment to the Vendor Service Agreement with EnPro Elevator, Inc., to increase the amount of the contract to a total not to exceed $500,000 and authorizing the City Manager to execute same.
Contact: Mark Helmbrecht, Acting Public Works Director (707) 645-2601 [email protected]
Action: adopted Resolution No. 23-193 N.C.
H. ADOPT RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
TWO PURCHASE AGREEMENTS FOR WATER TREATMENT CHEMICAL
SUPPLIES
Recommendation: Adopt a resolution authorizing the City Manager to execute two purchase agreements for chemical purchases for Water Department Operations with a combined total not to exceed $725,956.
Contact: Beth Schoenberger, Water Director, 707-648-5439 [email protected]
Action: adopted Resolution No. 23-194 N.C.
I. ADOPT RESOLUTION AMENDING THE FISCAL YEAR 2023-24 BUDGET, FUNDS 001 AND 201, TO APPROPRIATE $300,000 FROM GENERAL FUND BALANCE FOR CALDOJ EXPENDITURES (STEP 2 OF 2) AND
AUTHORIZING THE CITY MANAGER TO EXPEND SAID FUNDS IN
ACCORDANCE WITH THE AGREEMENT WITH CAL DOJ.
Recommendation: Adopt a resolution to amend the City’s Fiscal Year 2023-24 Budget, General Fund and Capital Outlay Fund, to appropriate $300,000 in General Fund balance for California Department of Justice (CalDOJ) expenditures and authorize the City Manager to expend said funds in accordance with the Agreement.
Contact: Mike Malone, City Manager (707) 648-4576
[email protected]
Action: adopted Resolution No. 23-195 N.C.
Regular City Council Meeting Minutes
November 28, 2023
Page | 4
9. ACTION CALENDAR
A. ADOPT RESOLUTIONS MAKING APPOINTMENTS TO CITY COMMISSIONS & THE GREATER VALLEJO RECREATION DISTRICT
Recommendation:
1. Adopt a resolution making appointments to fill two vacancies on the Greater Vallejo Recreation District (GVRD) Board; and
2. Adopt a resolution making appointments to the following City advisory bodies:
•Architectural Heritage & Landmarks Commission (AHLC) - 2 vacancies
•Code Enforcement Appeals Board (CEAB) - 1 vacancy
•Commission on Culture + Arts (CAC) - 2 vacancies
•Design Review Board (DRB) - 2 vacancies
Contact: Dawn G. Abrahamson, City Clerk, (707) 648-4528 [email protected]
Mayor McConnell announced no appointments would be made this evening to the Commission on Culture & the Arts. Application filing period has been extended. The City Council went through an applicant nomination process for appointments. By acclimation, applicants to the AHLC and CEAB were appointed.
Action: (1) Moved by Vice Mayor Verder-Aliga and carried unanimously to adopt Resolution No. 23-196 N.C., a resolution appointing Thomas Judt and Tom Starnes to the GVRD Board of Directors for terms to commence December 1, 2023 and expire December 2, 2027.
(2) Moved by Vice Mayor Verder-Aliga and carried unanimously to adopt Resolution No. 23-197 N.C., a resolution making the following appointments:
AHLC: Jared Chacon and Joshua Sosa for terms to commence from date of appointment and expire 12/31/26.
CEAB: Nikia Schultz for a term to commence 1/1/24 and expire 12/31/27.
DRB: Jamiah Adams for a term to commence from date of appointment and expire 6/30/26 and Daniel Gordon for a term to commence from date of appointment and expire 6/30/24.
B. ADOPT A RESOLUTION APPROVING A CONTRACT FOR CONSTRUCTION
MATERIALS WITH SYAR INDUSTRIES, LLC IN AN AMOUNT NOT TO EXCEED $3,000,000 AND AUTHORIZING THE CITY MANAGER TO
EXECUTE SAME
Recommendation: Adopt a Resolution approving a contract for construction Regular City Council Meeting Minutes
November 28, 2023
Page | 5
materials with Syar Industries, LLC in an amount not to exceed $3,000,000 and authorizing the City Manager to execute same.
Contact: Mark Helmbrecht, Acting Public Works Director (707) 645-2601 [email protected]
Acting Public Works Director Helmbrecht provided an overview of the staff report and outlined the recommendation.
Staff responded to questions from Councilmembers.
Speakers: Daniel Boone.
Another question and answer period followed. Councilmembers provided comment.
Action: Moved by Vice Mayor Verder-Aliga and carried unanimously by members present to adopt Resolution No. 23-198 N.C. (Absent: Loera-Diaz).
C. ADOPT A RESOLUTION ACCEPTING THE PARTICIPATORY BUDGETING CYCLE 8 VOTE RESULTS, ALLOCATING FUNDS TO THE “COMPLETE OUR STREETS! SAFETY FIRST AT 5TH STREET” PROJECT AND GIVING NOTICE OF INTENT TO AMEND THE GENERAL FUND (#001) AND
CAPITAL OUTLAY FUND (#201) BUDGETS
Recommendation: Adopt a resolution accepting the results of the Participatory Budgeting Cycle 8 vote, allocating funds to “Complete Our Streets! Safety First at 5th Street” project and giviing notice of intent to amend the General Fund (#001) and Capital Outlay Fund (#201) budgets.
Contact: Assistant City Manager, Terrance Davis (707) 648-5404 [email protected]
Administrative Analyst Magallanes provided background information, discussed the community meeting and feedback received, presented solutions and outlined the recommendation.
Speakers: Jason Gray and David Belaf.
Staff responded to questions from Councilmembers. Councilmembers provided comment.
Action: Moved by Vice Mayor Verder-Aliga and carried unanimously to adopt Resolution No. 23-199 N.C.
D. CONSIDER AND PROVIDE DIRECTION TO STAFF RELATING TO
REQUESTS OF THE ECONOMIC VITALITY COMMISSION (EVC) TO: (1) AMEND CHAPTER 2.36 OF THE VALLEJO MUNICIPAL CODE RELATING TO THE EVC; (2) CONSIDER THE FREQUENCY OF EVC MEETINGS; AND (3) TO CONSIDER A BUDGET REQUEST BY THE EVC
Recommendation: Consider and provide direction to staff relating to the Economic Vitality Commission (EVC) requests to amend Chapter 2.36 of the Regular City Council Meeting Minutes
November 28, 2023
Page | 6
Vallejo Municipal Code relating to the EVC. Staff recommends that Council accept the requests made by the EVC with the exception of the request regarding the frequency of scheduled meetings.
Contact: Michael Nimon, Economic Development Director (707) 648-4109 [email protected]
Economic Development Director Nimon provided background information, discussed the EVC four proposal requests and outlined staff’s recommendation.
EVC Chair Matias and Vice Chair Harrell addressed the Council on behalf of the Commission with respect to the 4 proposals.
Speakers: Anne Carr.
Staff responded to questions from Councilmembers. Councilmembers provided comment.
Action: Moved by Mayor McConnell and carried unanimously to accept all the proposed requests made by the EVC and direct staff to return for implementation to the Council as rapidly as possible.
E. CONSIDER REQUEST BY COUNCILMEMBER LOERA-DIAZ TO AGENDIZE
FOR DISCUSSION BUSINESS LICENSE PERMIT FEE WAIVERS TO
PROTECT BUSINESSES FROM THEFT AND PROCESS FOR BUSINESS
RETENTION GRANT APPLICATIONS AND AWARDING GRANTS (STEP 1) Recommendation: Consider Councilmember Loera-Diaz's request and direct staff to prepare and present relevant materials at a subsequent meeting Contact: Councilmember Loera-Diaz
[email protected]
Councilmember Loera-Diaz discussed the nature of her request.
Speakers: Anne Carr.
Councilmember Arriola left the meeting.
Councilmembers provided comment.
Action: Moved by Loera-Diaz and carried unanimously by members present to agendize discussion as Step 2 on the matter in January 2024 (Absent- Arriola).
10. INFORMATION CALENDAR
A. RECEIVE AN UPDATE ON THE PUBLIC SAFETY STAFFING EMERGENCY Recommendation: Receive an update on the public safety staffing emergency proclamation. This item is for informational purposes only. There is no staff report or action associated with this item.
Contact: Jason Ta, Interim Chief of Police (707) 648-4540 [email protected]
Regular City Council Meeting Minutes
November 28, 2023
Page | 7
Interim Police Chief Ta provided an update on Phase 1 (Service Model Reduction), Phase 2 (Rotation of Officers to Patrol Shifts), Phase 3 (Collapsing Traffic & Detective Divisions), Phase 4 (Modifying Patrol Shifts to 12-hours or another Staffing Model), and outside assistance, provided updated current staffing numbers, and the status of police facilities (Dispatch Center and Police Headquarters).
Human Resources Director Sifuentes provided an update on recruitment and retention efforts.
Speakers: Anne Carr and AJ.
Staff responded to questions from Councilmembers. Councilmembers provided comment.
11. CITY MANAGER’S REPORT – None.
12. CITY ATTORNEY’S REPORT – None.
13. COMMUNITY FORUM
Speakers: Melissa, Elyse R., Christina, Matthew Fernandes, Nandine, Anna T., and Jan.
14. REPORT OF THE PRESIDING OFFICER AND MEMBERS OF THE CITY COUNCIL Councilmembers reported on various community events and meetings attended.
15. ADJOURNMENT
The meeting adjourned at 10:56 p.m.
________________________________
ROBERT H. MCCONNELL, MAYOR
ATTEST:
_________________________________
DAWN G. ABRAHAMSON, CITY CLERK
CONSENT CALENDAR 8.C.
DATE: December 12, 2023
TO: Mayor and Members of the City Council
FROM: Dawn G. Abrahamson, City Clerk
SUBJECT: ADOPT A RESOLUTION ESTABLISHING A SCHEDULE OF REGULAR CITY COUNCIL MEETINGS FOR 2024 AND 2025
RECOMMENDATION
Adopt a resolution establishing a schedule of regular City Council meetings for 2024 and 2025.
REASONS FOR RECOMMENDATION
Section 308 of the City Charter requires that at the first meeting in December of each year the City Council shall adopt a schedule of regular meetings for a two-year period to consist of at least two meetings each month. The City Council may hold special meetings as needed and shall meet at least 40 times each year.
BACKGROUND AND DISCUSSION
On December 13, 2022, the City Council adopted a regular meeting schedule providing for meetings at 7:00 p.m. in the Council Chambers generally on the second and fourth Tuesdays of each month. The City Council held special meetings as needed throughout the year. By the end of this year, the City Council will have held 23 regular meetings and at least 53 special meetings through December 19, 2023 including closed sessions.
In considering a schedule for 2024 and 2025, it is important to note that members of the City Council sit as members of other bodies and meet as these bodies in the Council Chamber or virtually as follows:
• The Housing Authority, which consists of members of the City Council and two tenant members, has established a quarterly meeting schedule on the fourth Tuesday of the months of March, June, September and December at 6:45 p.m. (Housing Authority Resolution No. 22-005). • The Vallejo Flood & Wastewater District, which consists of all members of the City Council and one member of the Board of Supervisors, has established a schedule for 2020 to be the second Tuesday of each month at 6:00 p.m.
Staff proposes that the City Council continue to hold its regular meetings at 7:00 p.m. on the second and fourth Tuesdays of each month, except for meetings held in November and December 2024 and in January, November and December 2025, as shown in the attached Resolution, and that the City Council continue to hold special meetings as necessary. The attached resolution also provides the Council with holding a regular meeting on the 1st Tuesday in August for both years and an additional special meeting in both years on an as- needed basis.
Historically, the regular meetings in August have been canceled because of the summer hiatus, although special meetings have been held during the month. It is important to note that the Charter does in fact dictate that the Council hold 2 meetings a month. While the Charter does not say the Council may not cancel the regular meetings in August or any other time, it does provide that the Council must hold at least 40 meetings a year and 2 per month. It does not dictate the type (regular or special) or duration of these meetings. Staff has therefore scheduled 1 regular meeting during the month of August (early in the month) and a special meeting
Date: December 12, 2023
Subject: ADOPT A RESOLUTION ESTABLISHING A SCHEDULE OF REGULAR CITY COUNCIL MEETINGS FOR 2024 AND 2025
in order to address needed items during August and also comply with the Charter.
Further, Municipal Code Section 2.02.130 provides that the Council can modify its meeting schedule, which it has done on an annual basis, to remove the regular meetings in August. Given the number of combined special and regular meetings in 2023 (estimated at least 76), staff fully anticipates the number of meetings in 2024 and 2025 will exceed the required 40 for these years.
If the City Council determines that it should hold its regular meetings on the second and fourth Tuesdays of each month, staff will present a resolution to the Housing Authority at their quarterly meeting on December 19, 2023, proposing that this body adopt a meeting schedule to be consistent with the City Council regular meeting schedule.
If the City Council desires to modify the proposed schedule, 2024 and 2025 calendars denoting all Tuesdays and listing all City observed holidays, have been included as an attachment to this report.
FISCAL IMPACT
There is no fiscal impact related to adoption of the schedule.
ENVIRONMENTAL REVIEW
This action is exempt from the California Environmental Quality Act (CEQA) because it is not a project which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, pursuant to CEQA Guideline section 15378.
ATTACHMENTS
1. 2024+2025 Regular Council Meetings Reso CAO Stamp
2. Attachment to 2024+ 2025 Council Meeting Schedule Reso
CONTACT
Dawn G. Abrahamson, City Clerk (707) 648-4528
[email protected]
Approved as to form:
By: for
Veronica Nebb, City Attorney
RESOLUTION NO. 23- N.C.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VALLEJO ESTABLISHING A CITY COUNCIL REGULAR MEETING SCHEDULE FOR 2024-2025
WHEREAS, Section 308 of the City Charter requires that at the first meeting in December of each year a schedule of regular City Council meetings be adopted for the subsequent two-year period.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Vallejo shall hold regular meetings starting at 7:00 p.m. in the City Council Chambers, located at 555 Santa Clara Street, Vallejo, California on the following dates for calendar years 2024 and 2025:
CITY COUNCIL MEETING SCHEDULE
2024-2025
2024 2025 January 9 and 23 January 7, 14 and 28
February 13 and 27 February 11 and 25
March 12 and 26 March 11 and 25
April 9 and 23 April 8 and 22
May 14 and 28 May 13 and 27
June 11 and 25 June 10 and 24
July 9 and 23 July 8 and 22
August 6 (regular) and Special
Meetings as needed
August 5 (regular) and
Special Meetings as
needed.
September 10 and 24 September 9 and 23
October 8 and 22 October 14 and 28
November 12 and 19 November 4 and 18
December 10 and 17 December 9 and 16
Notes:
1. Vallejo Flood & Wastewater District meetings are held on the first meeting of the month and start at 6:00 p.m.
2 Adopted by the City Council of the City of Vallejo at a regular meeting held on December 12, 2023 with the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________________
ROBERT H. MCCONNELL, MAYOR
ATTEST:
______________________________________
DAWN G. ABRAHAMSON, CITY CLERK
City Council 2024 Meeting Schedule–(Established Dates)
1st
(TUESDAY)
2nd
(TUESDAY)
3rd
(TUESDAY)
4th
(TUESDAY)
5th
(TUESDAY)
JAN 9 23
FEB 13 27
MAR 12 26
APR 9 23
MAY 14 28
JUN 11 25
JUL 9 23
AUG1 6
SEP 10 24
OCT 8 22
NOV 12 19
DEC 10 17
Housing Authority regular meetings are held at 6:45 p.m. quarterly on the fourth Tuesday during the months of March, June, September, and December.
2024 Holidays (Observed)
1 special meetings scheduled in August as needed.
1/1 Monday New Year’s Day
1/15 Monday Martin Luther King Jr. Day
2/19 Monday President’s Day
5/27 Monday Memorial Day
6/19 Wednesday Juneteenth
7/4 Thursday Independence Day
9/2 Monday Labor Day
10/14 Monday Indigenous People’s Day
11/11 Monday Veteran’s Day
11/28 Thursday Thanksgiving
11/29 Friday Thanksgiving
12/25 Wednesday Christmas Day
City Council 2025 Meeting Schedule–(Established Dates)
Housing Authority regular meetings are held at 6:45 p.m. quarterly on the fourth Tuesday during the months of March, June, September, and December.
2025 Holidays (Observed)
2 special meetings scheduled in August as needed.
1st
(TUESDAY)
2nd
(TUESDAY)
3rd
(TUESDAY)
4th
(TUESDAY)
5th
(TUESDAY)
JAN 7 14 28
FEB 11 25
MAR 11 25
APR 8 22
MAY 13 27
JUN 10 24
JUL 8 22
AUG2 5
SEP 9 23
OCT 14 28 `
NOV 4 18
DEC 9 16
1/1 Wednesday New Year’s Day
1/20 Monday Martin Luther King Jr. Day
2/17 Monday President’s Day
5/26 Monday Memorial Day
6/19 Thursday Juneteenth
7/4 Friday Independence Day
9/1 Monday Labor Day
10/13 Monday Indigenous People’s Day
11/11 Tuesday Veteran’s Day
11/27 Thursday Thanksgiving
11/28 Friday Thanksgiving
12/25 Thursday Christmas Day
CONSENT CALENDAR 8.D.
DATE: December 12, 2023
TO: Mayor and Members of the City Council
FROM: Mark Helmbrecht, Acting Public Works Director
Dan Sequeira, P.E., Assistant Public Works Director / City Engineer SUBJECT: ACCEPT THE HIDDENBROOKE PARKWAY LANDSCAPE IMPROVEMENT / REHABILITATION PROJECT (PROJECT NOS. PWL001 AND PW9435), PERFORMED
BY MCGUIRE AND HESTER AS COMPLETE, AND AUTHORIZE THE CITY CLERK TO
FILE A NOTICE OF COMPLETION WITH THE SOLANO COUNTY RECORDER'S OFFICE
RECOMMENDATION
Accept the Hiddenbrooke Parkway Landscape Improvement / Rehabilitation Project (Project Nos. PWL001 and PW9435), performed by McGuire and Hester of Alameda, California, as complete, and authorize the City Clerk to file a Notice of Completion with the Solano County Recorder’s Office.
REASONS FOR RECOMMENDATION
The City Engineer has determined that the work has been completed in accordance with the project plans and specifications.
BACKGROUND AND DISCUSSION
Development of the Hiddenbrooke area of Vallejo commenced in the late 1980s. Today, Hiddenbrooke consists of 1,222 residential dwellings, several passive parks, one community park, an 18-hole golf course, commercial / retail properties, hiking trails and open space.
Hiddenbrooke Parkway is the main entry to the Hiddenbrooke development and meanders for approximately
2.3 miles along the northeastern portion of Vallejo. The parkway begins at McGary Road and has four lanes with a raised landscaped median. The landscaped portion of Hiddenbrooke Parkway is 1.5 miles long from McGary Road to Bennington Drive.
The Hiddenbrooke Landscape Improvement/Rehabilitation Project included clearing, grubbing, grading, dewatering, earthwork, modifying landscape areas, placement of lightweight concrete, hydroseeding, new planting, new lawn, installation of new trees, modification to the irrigation and controller systems, modification to the entrance monument sign and other incidental work associated with the project for completion.
Construction began on January 30, 2023, and the project was substantially completed by August 24, 2023.
The 90-day landscape maintenance period started on August 28, 2023. The project was completed on November 29, 2023, including the landscape maintenance.
Five Contract Change Orders totaling $78,182 were issued for unforeseen work, which comprised increasing the size of the irrigation mainline, additional valves, modifications to controller systems, additional bark not part of the project area, adjustments to the electrical boxes, fabric for the decomposed granite area, raising monuments to grade, and for incidental delays that occurred during the course of the project.
Staff recommends accepting the Hiddenbrooke Parkway Landscape Improvement / Rehabilitation Project as complete and authorizing the City Clerk to file a Notice of Completion with the Solano County Recorder’s
Date: December 12, 2023
Subject: ACCEPT THE HIDDENBROOKE PARKWAY LANDSCAPE IMPROVEMENT / REHABILITATION PROJECT (PROJECT NOS. PWL001 AND PW9435), PERFORMED
BY MCGUIRE AND HESTER AS COMPLETE, AND AUTHORIZE THE CITY CLERK
TO FILE A NOTICE OF COMPLETION WITH THE SOLANO COUNTY RECORDER'S OFFICE
Office.
FISCAL IMPACT
There is no fiscal impact on the General Fund associated with accepting this project. This project was funded through the Capital Improvement Program under two projects: 1) Hiddenbrooke Parkway Improvements Project (Project No. PWL001), and 2) Hiddenbrooke Parkway Rehabilitation Project (Project No. PW9435).
The total project budgets and expenditures are as follows:
SOURCE BUDGET EXPENDITURES
Fund 138 - Hiddenbrooke Community Services District
PWL001: Hiddenbrooke Parkway Improvements Project
This is the Hiddenbrooke Maintenance District Fund (HMD) $222,389
Fund 201 - Capital Outlay
PW9435: Hiddenbrooke Parkway Rehabilitation Project
These funds were originally a bond under Fund 348 for
Hiddenbrooke
$2,347,413
Design, Environmental, Staff Review ($130,760)
Design Management (City staff time) ($30,000)
Construction Contract ($2,070,056)
Contract Change Orders (CCO) ($78,182)
Construction Management / Inspection (City staff time) ($160,000) TOTALS $2,569,802 ($2,468,998)
The remaining funds will be transferred to Hiddenbrooke Improvement District funds (HID) for future projects within the District..
ENVIRONMENTAL REVIEW
This project is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15304(b), which exempts minor alterations to land for new landscaping.
ATTACHMENTS
None
CONTACT
Mark Helmbrecht, Acting Public Works Director (707) 645-2601 [email protected]
CONSENT CALENDAR 8.E.
DATE: December 12, 2023
TO: Mayor and Members of the City Council
FROM: Beth Schoenberger
SUBJECT: ADOPT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VALLEJO
APPROVING THE FIRST AMENDMENT TO THE EQUIPMENT PURCHASE AGREEMENT WITH JM SQUARED ASSOCIATES, INC. FOR HIGHLY SPECIALIZED EQUIPMENT FOR A NOT TO EXCEED AMOUNT OF $300,000 AND AUTHORIZING THE CITY MANAGER
TO EXECUTE THE SAME
RECOMMENDATION
Adopt a resolution approving the First Amendment to the Equipment Purchase Agreement with JM Squared Associates, Inc. for deep-well submersible pumps for the water treatment plants for a not-to-exceed amount of $300,000 and extend through June 30, 2025 and authorize the City Manager to execute same.
REASONS FOR RECOMMENDATION
Approval of the First Amendment to JM Squared Equiment Purchase Agreement will allow for continued replacement equipment for the aging water treatment plant sites where deep-well submersible pumps and multiple specialized water treatment pump hardware are required. The City of Vallejo Water Department treatment plants have been engineered such that the use of Fairbanks Morse Pumps best meet the system specifications, but because the manufacturer no longer produces these specific pumps, the City needs direct replacement pumps of the existing deep-well submersible pumps that JM Squared provides.
BACKGROUND AND DISCUSSION
In March 2023, the City of Vallejo Water Department procured deep-well submersible pumps from JM Squared Associates, Inc. as they provide highly-specialized water treatment pump equipment needed in urgent maintenance situations. With aging infrastructure and the design of the water treatment system requiring equipment that was manufactured with such specificity, the City relies on companies like JM Squared Associates, Inc. to provide the specific equipment in order for staff to efficiently maintain the water system.
Given the unique design of Vallejo's water treatment plants, unique technical specifications for plant equipment are required. JM Squared Associates, Inc.has an array of products from companies that manufacture a wide range of specialized equipment necessary for the specifically engineered Vallejo water system including the following:
• Fairbanks Morse Pump
• Prime Pump Company
• LAKOS solids separators & filtration solutions.
• Simflo vertical turbine pumps.
• Wilfley heavy duty seal-less centrifugal slurry & acid pumps • Wilo submersible pumps & mixers.
• Scot Pump close-coupled centrifugal pumps.
• TruFlo centrifugal pumps - end suction, inline, horizontal split case, multi-stage, etc.. • Dynamatic eddy current variable speed drive systems.
• Heron Innovators Suspended Air Flotation (SAF) systems.
Date: December 12, 2023
Subject: ADOPT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VALLEJO
APPROVING THE FIRST AMENDMENT TO THE EQUIPMENT PURCHASE AGREEMENT WITH JM SQUARED ASSOCIATES, INC. FOR HIGHLY
SPECIALIZED EQUIPMENT FOR A NOT TO EXCEED AMOUNT OF $300,000 AND
AUTHORIZING THE CITY MANAGER TO EXECUTE THE SAME
• Centennial ANSI centrifugal process pumps.
• SJE Rhombus control panels, alarm systems, level controls & floats. • Flowrox progressing cavity pumps, peristaltic hose pumps & slurry knife gate valves. • Crane pumps & systems.
• FTC high efficiency filtration.
• Pentair - Myers, Hydromatic, Berkeley, Aurora, Sta-Rite & Aplex pumps. • Atlas Copco - trailer mounted pumps, compressors & portable lighting systems; submersible & skid mounted pumps.
• Elite Valves
• Enviro-Care-Scum Concentrators
The City's most pressing need from JM Squared equipment is the Fairbanks Morse deep-well pumps which can no longer be purchased elsewhere. As the water systems age, there’s a growing need to replace existing equipment and repair in-place equipment. Current and anticipated work requires an amendment to the JM Squared Agreement to continue to obtain products from this company.
FISCAL IMPACT
For this First Amendment Agreement for a not-to-exceed amount of $300,000 (a $200,000 increase from the original Equipment Purchase Agreement amount), the Water Enterprise Fund has sufficient available funds in Fiscal Year 2023-2024 to cover the contract increase and staff will budget accordingly for FY 2024-25. There is no fiscal impact on the General Fund associated with this amendment agreement.
ENVIRONMENTAL REVIEW
This action is exempt from the California Environmental Quality Act (CEQA) because it is not a project which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, pursuant to CEQA Guideline section 15378.
ATTACHMENTS
1. JM Squared - Reso for 1st Amendment to 23-WD142_CAO STAMP
2. JM Squared - 1st Amendment to 23-WD142 CAO STAMP
3. JM Squared Associates - Equipment Purchase Agreement -- 23-WD142_Fully Executed
4. JM Squared - Certificate of Insurance_REV
CONTACT
Beth Schoenberger, Water Director, 707-648-5439
[email protected]
Approved as to form:
By: for
Veronica Nebb, City Attorney
RESOLUTION NO. 23-________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VALLEJO APPROVING THE
FIRST AMENDMENT TO THE EQUIPMENT PURCHASE AGREEMENT WITH JM SQUARED ASSOCIATES, INC. FOR HIGHLY SPECIALIZED EQUIPMENT FOR A NOT TO EXCEED AMOUNT OF $300,000 AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE SAME
WHEREAS, the City of Vallejo Water Department possesses a variety of assets requiring ongoing maintenance and specialized services needed to operate the City’s available water treatment plants and pump stations; and
WHEREAS, in March 2023 the City of Vallejo and JM Squared Associates, Inc. executed a one- year Equipment Purchase Agreement with an option to extend up to a total of five years for a total not-to-exceed amount of $100,000 to be used to obtain replacement Fairbanks Morse 3400 Pumps; and
WHEREAS, Fairbanks Morse Pumps by Simflo no longer manufactures the model used by the City but a direct replacement is available from this vendor to replace the discontinued Model 3412 Deep Well Submersible Pump; and
WHEREAS, due to rapidly aging and failing equipment, the City of Vallejo has an increasing need to utilize the equipment provided by JM Squared Associates, Inc. exceeding the original $100,000 contract amount; and
WHEREAS, a first amendment to the original agreement is necessary to increase the not-to- exceed amount to $300,000.
NOW THEREFORE, BE IT RESOLVED that the City Council hereby approves the First Amendment to the Equipment Purchase Agreement with JM Squared Associates, Inc., for the Deep Well Submersible Pump replacement equipment for the Water Department and increasing the total amount of the contract to $300,000 and authorizes the City Manager to execute the same.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF VALLEJO at a regular meeting held on December 12, 2023, with the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_________________________________________
ROBERT H. MCCONNELL, MAYOR
ATTEST: _________________________________________
DAWN G. ABRAHAMSON, CITY CLERK
First Amendment to Agreement Between City of Vallejo and JM Squared Associates, Inc. Page 1 of 3 (Revised 01.2019)
Approved as to form:
By: for
Veronica Nebb, City Attorney
FIRST AMENDMENT TO
EQUIPMENT PURCHASE AGREEMENT BETWEEN
CITY OF VALLEJO
AND
JM SQUARED ASSOCIATES, INC.
This First Amendment to the Equipment Purchase Agreement made and entered into on March 1, 2023, hereafter referred to as Agreement, between JM Squared Associates, Inc., a California Corporation, therein referred to as Vendor, and the City of Vallejo, a municipal corporation, therein referred to as City, is made and entered into on this 23 rd day of August 2023.
Vendor and City do mutually agree as follows:
1. Revised Term of the Agreement. The Agreement term is currently scheduled to expire on December 31, 2023. As of the date of this First Amendment, the term of the Agreement is extended to and shall expire on June 30, 2025.
2. Increase in Contract Amount. In consideration of Vendor continuing to provide highly specialized equipment to the City, the total contract amount shall be increased by Two Hundred Thousand Dollars and Zero Cents ($200,000.00). The maximum not to exceed amount specified in Exhibit B of the Agreement is increased by said amount and the new not to exceed amount is Three Hundred Thousand Dollars and Zero Cents ($300,000.00).
3. Integration. This First Amendment contains the entire agreement between the parties with respect to its subject matter and supersedes whatever oral or written understanding they may have had prior to the execution of this First Amendment. This First Amendment shall not be amended or modified except by a written agreement executed by each of the parties. Except as specifically revised herein, all terms and conditions of the Agreement shall remain in full force and effect, and VENDOR shall perform all duties, obligations and conditions required under the Agreement.
4. Inconsistencies. In the event of any conflict or inconsistency between the provisions of this First Amendment and the Agreement, the provisions of this First Amendment shall control in all respects.
5. Ambiguities. The parties have each carefully reviewed this First Amendment and have agreed to each term of this First Amendment. No ambiguity shall be presumed to be construed against either party.
6. Counterparts. This First Amendment may be executed by the parties in one or more counterparts all of which collectively shall constitute one document and agreement.
First Amendment to Agreement Between City of Vallejo and JM Squared Associates, Inc. Page 2 of 3 (Revised 01.2019)
7. Authority. The person signing this First Amendment for Vendor hereby represents and warrants that he or she is fully authorized to sign this First Amendment on behalf of Vendor.
(SIGNATURES ARE ON THE FOLLOWING PAGE)
First Amendment to Agreement Between City of Vallejo and JM Squared Associates, Inc. Page 3 of 3 (Revised 01.2019)
IN WITNESS WHEREOF, the parties have entered into this First Amendment on the day and year first hereinabove appearing.
JM SQUARED ASSOCIATES, INC.,
a California Corporation
BY:
JEREMY ROGERS
Project Manager
DATE:
(City Seal)
CITY OF VALLEJO,
a municipal corporation
BY:
MIKE MALONE
City Manager
DATE:
ATTEST:
DAWN G ABRAHAMSON
City Clerk
APPROVED AS TO CONTENT:
BETH SCHOENBERGER
Water Department
APPROVED AS TO FORM:
For
VERONICA A.F. NEBB
City Attorney
APPROVED AS TO INSURANCE:
ARMOND SARKIS
Risk Manager
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Equipment Purchase Agreement (Rev. 2017) 1
EQUIPMENT PURCHASE AGREEMENT
This Equipment Purchase Agreement ("Agreement") is made at Vallejo, California, dated for reference this 1st day of March, 2023, by and between the City of Vallejo, a municipal corporation ("City"), and JM Squared Associates , Inc., a California corporation, hereinafter referred to as “Vendor,“ who agree as follows:
1. Products. Subject to the terms and conditions set forth in this Agreement, Vendor shall provide the City products as specified in Exhibit A, entitled “Equipment.”
2. Payment. City shall pay Vendor for materials rendered pursuant to this Agreement at the times and in the manner set forth in Exhibit B, entitled “Price.” The payments specified in Exhibit B shall be the only payments to be made to Vendor for materials rendered pursuant to this Agreement.
3. Facilities and Equipment. Vendor shall, at its sole cost and expense, furnish all facilities and equipment which may be required for furnishing products pursuant to this Agreement.
4. Indemnification. Vendor shall indemnify, hold harmless, and defend City, its officers, officials, directors, employees, agents, volunteers and affiliates and each of them from any and all claims, demands, causes of action, damages, costs, expenses, actual attorney’s fees, Vendor’s fees, expert fees, losses or liability, in law or in equity, of every kind and nature whatsoever arising out of or in connection with Vendor’s operations, or any subcontractor’s operations, to be performed under this agreement for Vendor’s tort negligence including active or passive, or strict negligence, including but not limited to personal injury including, but not limited to bodily injury, emotional injury, sickness or disease, or death to persons and/or damage to property of anyone, including loss of use thereof, caused or alleged to be caused by any act or omission of Vendor, or any subcontractor, or anyone directly or indirectly employed by any of them or anyone for the full period of time allowed by the law, regardless to any limitation by insurance, with the exception of the sole negligence or willful misconduct of the City.
The provisions of this section shall survive the expiration or termination of this Agreement.
5. Insurance Requirements. Vendor agrees to comply with all of the Insurance Requirements set forth in Exhibit C, entitled “Insurance Requirements. ” Failure to maintain required insurance at all times shall constitute a default and material breach.
6. Accident Reports. Vendor shall immediately report (as soon as feasible, but not more than 24 hours) to the City Risk Manager any accident or other occurrence causing injury to persons or property during the performance of this Agreement. The report shall be made in writing and shall include, at a minimum: (a) the names, addresses, and telephone numbers of the persons involved, (b) the names, addresses, and telephone DocuSign Envelope ID: B5DF98C1-8630-431F-BDE2-BC30FE255FF6
Equipment Purchase Agreement (Rev. 2017) 2
numbers of any known witnesses, (c) the date, time, and description of the accident or other occurrence.
7. Conflict of Interest. Vendor warrants and represents that to the best of its knowledge, there exists no actual or potential conflict between Vendor’s family, business, real property or financial interests and the materials to be provided under this Agreement. Vendor shall comply with the City of Vallejo Conflict of Interest Code and not enter into any contract or agreement during the performance of this Agreement which will create a conflict of interest with its duties to City under this Agreement. In the event of a change in Vendor’s family, business, real property, or financial interests occurs during the term of this Agreement that creates an actual or potential conflict of interest, then Vendor shall disclose such conflict in writing to City.
8. Licences, Permits, Etc. Vendor represents and warrants to City that all Vendor materials shall be provided by a person or persons duly licensed by the State of California to provide the type of materials to be performed under this Agreement.
9. Business License. Vendor, and its subcontractors , has obtained or agrees to apply prior to performing any materials under this Agreement to City’s Finance Department for a business license, pay the applicable business license tax and maintain said business license during the term of this Agreement. The failure to obtain such license shall be a material breach of this Agreement and grounds for termination by City. No payments shall be made to Vendor until such business license(s) has been obtained.
10. Standard of Performance. Vendor shall provide all materials required pursuant to this Agreement in accordance with generally accepted practices and principles and in a manner consistent with the level of care and skill ordinarily exercised under similar conditions by a member of Vendor’s profession currently practicing in California.
Vendor is responsible for making an independent evaluation and judgment of all conditions affecting performance of the work, including without limitation applicable federal, state, and local laws and regulations, and all other contingencies or considerations.
Vendor’s responsibilities under this section shall not be delegated. Vendor shall be responsible to City for acts, errors, or omissions of Vendor’s subcontractors.
11. Force Majeure. Neither party shall be considered in default of this Agreement to the extent performances are prevented or delayed by causes or circumstances beyond either party’s reasonable control, such as war, riots, strikes, lockouts, work slowdown or stoppage, acts of God, such as floods or earthquakes, and electrical blackouts or brownouts.
In the event that the Vendor is unable to meet the completion date or schedule of materials, Vendor shall immediately inform the City Representative of this in writing. If DocuSign Envelope ID: B5DF98C1-8630-431F-BDE2-BC30FE255FF6
Equipment Purchase Agreement (Rev. 2017) 3
additional time is required to perform the work, the City Representative may adjust the schedule.
12. Time is of the Essence. Time is of the essence in this Agreement. Any reference to days means calendar days, unless otherwise specifically stated.
13. Term. The term of this Agreement shall commence upon issuance of purchase order and shall continue in full force and effect until December 31, 2023.
If the term of this Agreement extends into fiscal years subsequent to that in which it is approved, such continuation of the Agreement is contingent on the appropriation of funds for such purpose by the City Council of the City of Vallejo. If funds to effect such continued payment are not appropriated, Vendor agrees to terminate any materials supplied to City of Vallejo under this Agreement, and relieve City of any further obligation therefore.
14. Termination or Abandonment by City. The City has the right, at any time and in its sole discretion, to immediately terminate this Agreement by giving notice to Vendor.
Upon receipt of a notice of termination, Vendor shall provide not materials except as specified in the notice. Before the date of termination, Vendor shall deliver to City all City records and documents, all work product, whether completed or not, as of the date of termination and not otherwise previously delivered.
The City shall pay Vendor for materials performed in accordance with this Agreement before the date of termination. If this contract provides for payment of a lump sum for all materials or by task and termination occurs before completion of the work or any defined task which according to the performance schedule was commenced before the notice of termination, the fee for materials performed shall be based on an amount mutually agreed to by City and Vendor for the portion of work completed in conformance with this Agreement before the date of termination. In addition, the City will reimburse Vendor for authorized expenses incurred and not previously reimbursed. The City shall not be liable for any fees or costs associated for the termination or abandonment except for the fees, and reimbursement of authorized expenses, payable pursuant to this section.
15. Assignment and Subcontracting. Vendor shall not subcontract, assign or transfer voluntarily or involuntarily any of its rights, duties or obligation under this Agreement without the express written consent of the City Manager or his or her designee in each instance. Any attempted or purported assignment of any right, duty or obligation under this Agreement without said consent shall be void and of no effect.
16. Successors and Assigns. All terms, conditions, and provisions of this Agreement shall apply to and bind the respective heirs, executors, administrators, successors, and assigns of the parties. Nothing in this section is intended to affect the limitation on assignment.
DocuSign Envelope ID: B5DF98C1-8630-431F-BDE2-BC30FE255FF6
Equipment Purchase Agreement (Rev. 2017) 4
17. Non-Discrimination/Fair Employment Practices. Vendor shall not, because of race, religious creed, color, sex, national original, ancestry, disability, medical condition, age, marital status or sexual orientation of any person, refuse to hire or employ, or to bar or discharge from employment, or to discriminate in compensation, or in terms, conditions or privileges any person, and every employee will receive equal opportunity for employment and shall be granted equal treatment with respect to compensation, terms, conditions or other privileges of employment, without regard to his race, religious creed, color, sex, national origin, ancestry, or disability, medical condition, age, marital status or sexual orientation.
Vendor warrants and represents it is an equal opportunity employer and agrees it shall not discriminate on the basis of race, religious creed, color, sex, national origin, ancestry, disability, medical condition, age, marital status or sexual orientation in the selection and retention of employees, subcontractors or procurement of materials or equipment.
18. Notices. All notices or instruments required to be given or delivered by law or this Agreement shall be in writing and shall be effective upon receipt thereof and shall be by personal service or delivered by depositing the same in any United States Post Office, registered or certified mail, postage prepaid, addressed to:
If to City: Beth Schoenberger
Water Director
City of Vallejo – Water Department
202 Fleming Hill Road
Vallejo, CA 94589
If to Vendor: Jeremy Rogers
JM Squared Associates, Inc.
2110 K Street, Ste 18
Sacramento, CA 95816
Any party may change its address for receiving notices by giving written notice of such change to the other party in accordance with this section.
Routine administrative communications shall be made pursuant to section 1 of Exhibit A.
24. Integration Clause. This Agreement, including all Exhibits, contains the entire agreement between the parties and supersedes whatever oral or written understanding they may have had prior to the execution of this Agreement. This Agreement shall not be amended or modified except by a written agreement executed by each of the parties hereto.
DocuSign Envelope ID: B5DF98C1-8630-431F-BDE2-BC30FE255FF6
Equipment Purchase Agreement (Rev. 2017) 5
25. Severability Clause. Should any provision of this Agreement ever be deemed to be legally void or unenforceable, all remaining provisions shall survive and be enforceable.
26. Law Governing. This Agreement shall in all respects be governed by the law of the State of California
without regard to its conflicts of law rules. Litigation arising out of or connected with this Agreement shall be instituted and maintained in the courts of Solano County in the State of California or in the United States District Court, Eastern District of California, Sacramento, California, and the parties consent to jurisdiction over their person and over the subject matter of any such litigation in such courts, and consent to service of process issued by such courts.
27. Waiver. Waiver by either party of any default, breach or condition precedent shall not be construed as a waiver of any other default, breach or condition precedent or any other right hereunder.
28. Ambiguity. The parties acknowledge that this is a negotiated a greement, that they have had the opportunity to have this Agreement reviewed by their respective legal counsel, and that the terms and conditions of this Agreement are not to be construed against any party on the basis of such party's draftsmanship thereof.
29. Gender. All pronouns and any variations thereof shall be deemed to refer to the masculine, feminine, neuter, singular or plural, as the identifications of the person or persons, firm or firms, corporation or corporations may require.
30. Headings. The section headings contained in this Agreement are inserted for convenience only and shall not affect in any way the meaning or interpretation of this Agreement.
31. Compliance with Laws. Vendor will comply with all statutes, regulations and ordinances in the performance of all materials under this Agreement.
32. News and Information Release. Vendor agrees that it will not issue any news releases in connection with either the award of this Agreement, or any subsequent amendment of or efforts under this Agreement, without first obtaining review and approval of said news releases from City through the City Representative.
33. C ity Representative. The City Representative specified in Exhibit A, or the representative's designee, shall administer this Agreement for the City.
34. Counterparts. The parties may execute this Agreement in one or more counterparts, each of which shall be deemed an original, but all of which together shall be deemed one and the same instrument.
DocuSign Envelope ID: B5DF98C1-8630-431F-BDE2-BC30FE255FF6
Equipment Purchase Agreement (Rev. 2017) 6
35. Facsimile Signature; Electronic Signature. This Agreement shall be binding upon the receipt of facsimile signatures or e- mailed by PDF or otherwise. Any person transmitting his or her signature by facsimile or electronically shall promptly send an original signature to the other party pursuant to the notice provision of this Agreement.
The failure to send an original shall not affect the binding nature of this Agreement.
36. A uthority. The person signing this Agreement for Vendor hereby represents and warrants that he/she is fully authorized to sign this Agreement on behalf of Vendor.
37. Exhibits. The following exhibits are attached hereto and incorporated herein by reference:
Exhibit A, entitled “Equipment,” including any attachments Exhibit B, entitled “Compensation,” including any attachments Exhibit C, entitled “Insurance Requirements,” including attachments
[SIGNATURES ON FOLLOWING PAGE]
DocuSign Envelope ID: B5DF98C1-8630-431F-BDE2-BC30FE255FF6 Equipme
nt Purchase Agreement (Rev. 2017) 7
IN W
ITNESS WHEREOF, the parties have executed this Agreement on the day and year shown below the name of each of the parties.
JM SQUARED ASSOCIATES, INC.
a California corporation
By:
Jeremy Rogers
Project Manager
DATE:
Vallejo Business License No.
(City
Seal)
CITY OF VALLEJO,
a municipal corporation
By:
Mike Malone
City Manager
DATE:
ATTEST:
By:
Dawn G Abrahams on
City Clerk
APPROVED
AS TO CONTENT:
By:
Beth Schoenberger
Wat
er Director
APPROVED
AS TO FORM:
By: For
Veronica A.F. Nebb
City
Attorney
APPROVED
AS TO INSURANCE:
By:
Armond Sarkis
Risk Manager
DocuSign Envelope ID: B5DF98C1-8630-431F-BDE2-BC30FE255FF6 3/14/2023
3/17/2023
Equipment Purchase Agreement (Rev. 2017) Page 1 of 3
Exhibit B
EXHIBIT A
EQUIPMENT
1. Representatives. The City Representative for this Agreement is:
John Palesi
Water Facilities Superintendent
City of Vallejo – Water Department
202 Fleming Hill Road
Vallejo, CA 94589
(707) 648-4519
[email protected]
The Consultant’s Representative for this Agreement is:
Jeremy Rogers
Project Manager
2110 K Street, Ste 18
Sacramento, CA 95816
(925) 798-2500
All routine administrative communications between the parties will be between the above named representatives and may be by personal delivery, mail, facsimile transmission, or electronic mail as agreed between the Consultant Representative and City’s Representative.
2. Equipment to be Provided. The equipment provided shall be:
• (Qty. of 1) 6” Model 3412 Deep Well Submersible Pump
1 – SM9M – 4 stage submersible turbine pump ends
Standard construction, CI/NAN
Fitted 6” NPT x 8” NEMA motor adaptation
1 – 6” (.280) Column pipe, NPT threaded
1 – 30HP 3/460v Hitachi 8” Sub Motor
Standard construction, 1800 RPM
#8 continuous leads and a PVC 10” cooling shroud
1 – 6” (150#) X 21” Well head
Fab steel head with a fab steel sole plate, 26” SQ
DocuSign Envelope ID: B5DF98C1-8630-431F-BDE2-BC30FE255FF6
Equipment Purchase Agreement (Rev. 2017) Page 2 of 3
Exhibit B
EXHIBIT B
Compensation
1. Vendor’s Compensation. City agrees to pay Vendor , at the rate(s) specified below, for those products set forth in Exhibit A of this Agreement, for a total not to exceed One Hundred Thousand Dollars and Zero Cents ($100,000.00).
Description Qty Price Each
6” Model 3412 Deep Well Submersible
Pump
2 $43,500.00
SM9M – 4 stage submersible turbine
pump ends
Standard Construction, CI/NAN
Fitted 6” NPT x 8” NEMA motor
adaptation
6” (.280) Column pipe, NPT threaded
30HP 3/460v Hitachi 8” Sub Motor
Standard Construction, 1800 RPM
#8 continuous leads and a PVC 10”
6” (150#) x 21” Well head
Fab steel head with a fab steel sole
plate, 26” SQ
Equipment
Total $87,000.00
Tax
(8.375%) $7,286.25
Freight/
Crating Included
Contingency 5,713.75
TOTAL
$100,000.00
2. Invoicing. Invoices must be submitted in triplicate, itemized as to quantity, part number, and description. In addition, invoices must show the name of the department, division, or section to which the material was delivered, and the City of Vallejo Purchase Order Number.
DocuSign Envelope ID: B5DF98C1-8630-431F-BDE2-BC30FE255FF6
Equipment Purchase Agreement (Rev. 2017) Page 3 of 3
Exhibit B
All delivery tickets must have a description of the commodity delivered. Mail invoices to the accounts payable section of the department and to the address, as noted on individual purchase orders. Delivery tickets and packing slips will contain the same information as the invoice. All pack slips and delivery tickets must include the receiving employee signature and printed name.
All prices shall be F.O.B. destination, address 202 Fleming Hill Road, Vallejo.
3. Payment. Payment is due thirty (30) days after the City has approved the invoice or after the City has accepted the goods, whichever occurs later.
Request for payment shall be sent to:
Accounting Clerk
City of Vallejo – Water Department
202 Fleming Hill Road
Vallejo, CA 94590
[email protected]
4. Accounting Records of Vendor. Vendor shall maintain for three (3) years after completion of all materials hereunder, all records under this A greement, including, but not limited to, records of Vendor’s direct salary costs for all Materials and Additional Materials performed under this Agreement and records of Vendor’s Reimbursable Expenses, in accordance with generally accepted accounting practices. Vendor shall keep such records available for audit, inspection and copying by representatives of the City’s Finance Department or other government agencies during regular business hours upon twenty four (24) hours’ notice.
The obligations of Vendor under this section shall survive this Agreement.
5. Taxes. Vendor shall pay, when and as due, any and all taxes incurred as a result of Vendor’s compensation hereunder, including estimated taxes, and shall provide City with proof of such payments upon request.
6. Taxpayer Identification Number. Vendor shall provide City with Vendor’s complete Request for Taxpayer Identification Number and Certification, Form W - 9, as issued by the Internal Revenue Service, and any other State or local tax identification number requested by City.
DocuSign Envelope ID: B5DF98C1-8630-431F-BDE2-BC30FE255FF6
Equipment Purchase Agreement (Rev. 2017) Page 1 of 2
Exhibit C
EXHIBIT C
INSURANCE REQUIREMENTS
Vendor shall procure and maintain for the duration of this Agreement, including any extensions thereto, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of materials hereunder by t he Vendor , their agents, representatives, or employees or subcontractors.
1. Minimum Limits of Insurance. Vendor shall maintain limits no less than:
A. General Liability: $1 ,000,000 per occurrence for bodily injury, personal injury, and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
2. Deductible and Self -Insured Retention. Any deductibles or self -insured retention must be declared to and approved by the City. At the option of the City, either:
the insurer shall reduce or eliminate such deductibles or self -insured retention as respects the City of Vallejo , its officers, officials, employees and volunteers; or the Vendor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.
3. Other Insurance Provisions.
A. The insurance is to be issued by companies licensed to do business in the State of California.
B. For any claims related to the equipment provided pursuant to this Agreement , the Vendor's insurance coverage shall be primary insurance as respects the City of Vallejo, its officers, officials, employees, agents, and volunteers. Any insurance or self- insurance maintained by the City of Vallejo, its officers, officials, employees, agents, or volunteers shall be excess of the Vendor's insurance and shall not contribute with it.
C. Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees, agents, or volunteers.
D. The Vendor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
E. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in DocuSign Envelope ID: B5DF98C1-8630-431F-BDE2-BC30FE255FF6
Equipment Purchase Agreement (Rev. 2017) Page 2 of 2
Exhibit C
coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City.
4. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII.
5. Verification of Coverage. Vendor shall furnish the City with certificates of insurance and original endorsements effecting general and automobile liability insurance coverage required by this clause. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements are to be received and approved by the City before work commences.
6. Subcontractors. Vendor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor.
All coverages for subcontractors shall be subject to all of the requirements stated herein.
7. Payment Withhold. City will withhold payments to Vendor if the certificates of insurance and endorsements required in Paragraph F, above, are canceled or Vendor otherwise ceases to be insured as required herein.
DocuSign Envelope ID: B5DF98C1-8630-431F-BDE2-BC30FE255FF6 Pump Data Sheet - SIMFLO
Company:
Name:
Date: 12/21/2022
Size:
Pump:
SM9M (stages: 4)
Type: VERTTURBINE
Synch Speed: 1800 rpm
Curve: SM9M.05.T.4646.1022
Specific Speeds: Ns:
Nss:
Dimensions:
Suction: 6 in
Discharge: 6 in
Dia: 7.46 in
Impeller: SM9M
Vertical Turbine:
Bowl Size: 9.5 in
Max Lateral: 1.13 in
Thrust K Factor: 4.5 lb/ft
Pump Limits:
Temperature: ---
Wkg Pressure: 884 psi g
Sphere Size: 0.53 in
Power: 253 hp
Eye Area: 9.74 in²
Search Criteria:
Flow:
185 ft
Fluid:
Water
SG: 1
Density: 62.4 lb/ft³
Viscosity: 1.1 cP
Temperature: 60 °F
Vapor Pressure: 0.256 psi a
Atm Pressure: 14.7 psi a
Motor:
Standard: US
Enclosure: TYPE 1
Sizing Criteria: Max Power on Design Curve
Size: 30 hp
Speed: 1800 rpm
Frame: ----
Near Miss:
0 ft
400 US gpm
Head:
---
Static Head:
1607
7275
Name:
Margin Ratio: 1
Pump Selection Warnings:
None
--- Duty Point ---
Flow: 401 US gpm
Head: 185 ft
Eff: 80.1%
Power: 23.4 hp
NPSHr: 13.2 ft
--- Design Curve ---
Shutoff Head: 226 ft
Shutoff dP: 97.8 psi
Min Flow: --- US gpm
BEP: 82.2% @ 349 US gpm
NOL Power:
26.1 hp @ 518 US gpm
--- Max Curve ---
Max Power:
28.5 hp @ 535 US gpm
Speed: 1770 rpm
Data reflects nominal performance and may be derated for specified ANSI/HI 14.6 acceptance grade and/or materials of construction. Consult factory. www.simflo.com - [email protected] Performance Evaluation:
Flow Speed Head Efficiency Power NPSHr
US gpm rpm ft % hp ft
480 1770 151 72.8 25.1 19.6
400 1770 186 80.2 23.4 13.1
320 1770 212 81.7 20.9 7.95
240 1770 220 75.8 17.6 4.58
160 1770 222 63.3 14.1 3.13
Selected from catalog: SIMFLO 60Hz, Vers 22.5
DocuSign Envelope ID: B5DF98C1-8630-431F-BDE2-BC30FE255FF6 Section 902-40
Submersible Pump
With Threaded Pipe
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,1&/8'(6$39&&22/,1*6+528'
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JM SQUARED ASSOCIATES, INC
P.O . Box 317
CONCORD, CA 94520 -8534
TEL: ( 925) 7 98 -2500 * F AX: ( 925) 798 -7737
Dir ect : (916)803 -9803
SBE#1015111(State of C al ifornia)
SBE#236611(City of Sacr amento)
Date: 1/3/2023
To: City of Vallejo
Attention: Josh Dozier
RE: Replaceme nt Fairbanks Morse 3400 Pump
Dear (Josh ):
As per your recent request we are pleased to propose to furnish the following:
Replacement Model 3412 Pump Serial#: T4G2-465321.
Note: Pump Quoted is a direct replacement for the Fairbanks Morse Pump by Simflo. Fairbanks Morse no longer manufactures this model.
• (Qty. of 1) 6” Model 3412 Deep Well Submersible Pump
1 – SM9M – 4 stage submersible turbine pump ends
Standard construction, CI/NAN
Fitted 6” NPT x 8” NEMA motor adaptation
1 – 6” (.280) Column pipe, NPT threaded
1 – 30HP 3/460v Hitachi 8” Sub Motor
Standard construction, 1800 RPM
#8 continuous leads and a PVC 10” cooling shroud
1 – 6” (150#) X 21” Well head
Fab steel head with a fab steel sole plate, 26” SQ
Total lot one (1) Equipment(s) listed above: $ 43,500.00 Freight Charges Included
No Sales Taxes, Offloading, lifting cables,
Piping, or Gauges Included.
Estimated Shipment ARO: 6 weeks Submittals, 10 weeks Manufacturing, After approval Terms: Net 30 Days
Quotation Validity: Thirty (30) Days
Please contact me directly if hav e questions or require additional inform ation.
Best Regards.
JM SQUARED ASSOCIATES, INC
Jeremy Rogers
[email protected]
(916)803-9803
DocuSign Envelope ID: B5DF98C1-8630-431F-BDE2-BC30FE255FF6
DocuSign Envelope ID: B5DF98C1-8630-431F-BDE2-BC30FE255FF6 Nexr
POLICY DOCUMENTS
•I
Enclosed you will find the policy documents that make
up your insurance contract. Please read through all of
these documents. If you have any questions or need to update any of your information, please contact us.
A few key insurance terms to help navigate these documents • Declarations: States that your business is the named insured and specifies limits. • Policy: The formal contract issued by the insurance company. • Endorsements: Included "extras" in the policy.
• Exclusions: What is not covered in the policy.
Need to file a claim'?
We are here to assist and protect your
interests. Please report a claim as soon as an
incident occurs, even if you're not at fault.
Login to the customer portal or contact
support and share your details about the claim.
S [email protected] (855) 222 - 5919 c=> nextinsurance.com @ PO Box 60787, Palo Alto, CA 94306
NXT-0003 IL 0921 Page 1 of 1
SIGNATURE PAGE
In Witness Whereof, we have caused this policy to be executed and attested, and, if required by state law, this policy shall not be valid unless countersigned by our authorized representative.
(signature) (signature)
Secretary President
NXT-0001 IL 10 17 Page 1 of 1
Includes copyrighted material of Insurance Services Office, Inc., with its permission.
DESCRIPTION OF BUSINESS:Salesperson
STATE NATIONAL INSURANCE COMPANY, INC.
(a stock insurance company)
1900 L Don Dodson Dr.
Bedford, Texas 76021
(800) 877-4567
Administered by:
Next Insurance, Inc.
PO Box 60787
Palo Alto, CA 94306
(855) 222-5919
COMMON POLICY DECLARATIONS
POLICY NUMBER:NXT7CJ779W-00-GL
Named Insured and Mailing Address:James MacNichols
JM Squared Associates
644 Barcelona Dr
Sonoma, CA 95476
Policy Period: From: 1 /17/2023 To: 10/17/2024
at 12:01 AM standard time at the mailing address shown above
IN RETURN FOR THE PAYMENT OF PREMIUM, AND SUBJECT TO ALL THE TERMS OF THIS POLICY, WE AGREE WITH YOU TO PROVIDE THE INSURANCE AS STATED IN THIS POLICY.
THIS POLICY CONSISTS OF THE FOLLOWING COVERAGE PARTS FOR WHICH A PREMIUM IS INDICATED. THIS PREMIUM MAY BE SUBJECT TO ADJUSTMENT.
PREMIUM
BOILER AND MACHINERY COVERAGE PART $
COMMERCIAL AUTOMOBILE COVERAGE PART $
COMMERCIAL CRIME COVERAGE PART $
COMMERCIAL GENERAL LIABILITY COVERAGE PART $398.00
COMMERCIAL INLAND MARINE COVERAGE PART $
COMMERCIAL PROPERTY COVERAGE PART $
EMPLOYMENT-RELATED PRACTICES LIABILITY COVERAGE PART $
FARM COVERAGE PART $
LIQUOR LIABILITY COVERAGE PART $
POLLUTION LIABILITY COVERAGE PART $
PROFESSIONAL LIABILITY COVERAGE PART $
COMMERCIAL UMBRELLA/ EXCESS COVERAGE PART $
TOTAL: $398.00
Premium shown is payable: $ at inception.
Includes copyrighted material of Insurance Services Office, Inc., with its permission.
SCHEDULE OF POLICY FORMS AND ENDORSEMENTS
These Declarations, together with the Common Policy Conditions, and the Coverage Form(s) and endorsement(s), complete the above numbered policy.
Listed below are the forms and endorsements attached to this policy at the time of issue:
Title Form Number and Edition Date
Signature Page
Common Declarations Page
Calculation Of Premium
Common Policy Conditions
Nuclear Energy Liability Exclusion Endorsement (Broad Form) California Changes - Cancellation and Nonrenewal
California Premium Refund Disclosure Notice
Privacy Notice
NXT-0001 IL 1017
NXT-0340 BM GL 0619
IL 00 03 09 08
IL 00 17 11 98
IL 00 21 09 08
IL 02 70 09 12
IL N 177 09 12
NXT-0002 IL 0218
IL 00 03 09 08 © ISO Properties, Inc., 2007 Page 1 of 1 IL 00 03 09 08
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CALCULATION OF PREMIUM
This endorsement modifies insurance provided under the following:
CAPITAL ASSETS PROGRAM (OUTPUT POLICY) COVERAGE PART
COMMERCIAL AUTOMOBILE COVERAGE PART
COMMERCIAL GENERAL LIABILITY COVERAGE PART
COMMERCIAL INLAND MARINE COVERAGE PART
COMMERCIAL PROPERTY COVERAGE PART
CRIME AND FIDELITY COVERAGE PART
EMPLOYMENT-RELATED PRACTICES LIABILITY COVERAGE PART
EQUIPMENT BREAKDOWN COVERAGE PART
FARM COVERAGE PART
LIQUOR LIABILITY COVERAGE PART
MEDICAL PROFESSIONAL LIABILITY COVERAGE PART
OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART
POLLUTION LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
RAILROAD PROTECTIVE LIABILITY COVERAGE PART
The following is added:
The premium shown in the Declarations was com -
puted based on rates in effect at the time the policy
was issued. On each renewal, continuation, or anni -
versary of the effective date of this policy, we will
compute the premium in accordance with our rates
and rules then in effect.
IL 00 17 11 98 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 1 IL 00 17 11 98
COMMON POLICY CONDITIONS
All Coverage Parts included in this policy are subject to the following conditions.
A. Cancellation
1. The first Named Insured shown in the Declara-
tions may cancel this policy by mailing or de-
livering to us advance written notice of cancel -
lation.
2. We may cancel this policy by mailing or deliv -
ering to the first Named Insured written notice
of cancellation at least:
a. 10 days before the effective date of cancel -
lation if we cancel for nonpayment of pre-
mium; or
b. 30 days before the effective date of cancel -
lation if we cancel for any other reason.
3. We will mail or deliver our notice to the first
Named Insured's last mailing address known to
us.
4. Notice of cancellation will state the effective
date of cancellation. The policy period will end
on that date.
5. If this policy is cancelled, we will send the first
Named Insured any premium refund due. If we
cancel, the refund will be pro rata. If the first
Named Insured cancels, the refund may be
less than pro rata. The cancellation will be ef -
fective even if we have not made or offered a
refund.
6. If notice is mailed, proof of mailing will be suf -
ficient proof of notice.
B. Changes
This policy contains all the agreements between
you and us concerning the insurance afforded.
The first Named Insured shown in the Declara-
tions is authorized to make changes in the terms
of this policy with our consent. This policy's terms
can be amended or waived only by endorsement
issued by us and made a part of this policy.
C. Examination Of Your Books And Records
We may examine and audit your books and rec -
ords as they relate to this policy at any time during
the policy period and up to three years afterward.
D. Inspections And Surveys
1. We have the right to:
a. Make inspections and surveys at any time;
b. Give you reports on the conditions we find;
and
c. Recommend changes.
2. We are not obligated to make any inspections,
surveys, reports or recommendations and any
such actions we do undertake relate only to in-
surability and the premiums to be charged. We
do not make safety inspections. We do not un-
dertake to perform the duty of any person or
organization to provide for the health or safety
of workers or the public. And we do not warrant
that conditions:
a. Are safe or healthful; or
b. Comply with laws, regulations, codes or
standards.
3. Paragraphs 1. and 2. of this condition apply
not only to us, but also to any rating, advisory,
rate service or similar organization which
makes insurance inspections, surveys, reports
or recommendations.
4. Paragraph 2. of this condition does not apply
to any inspections, surveys, reports or recom-
mendations we may make relative to certifica-
tion, under state or municipal statutes, ordi -
nances or regulations, of boilers, pressure ves -
sels or elevators.
E. Premiums
The first Named Insured shown in the Declara-
tions:
1. Is responsible for the payment of all premiums;
and
2. Will be the payee for any return premiums we
pay.
F. Transfer Of Your Rights And Duties Under
This Policy
Your rights and duties under this policy may not
be transferred without our written consent except
in the case of death of an individual named in-
sured.
If you die, your rights and duties will be trans -
ferred to your legal representative but only while
acting within the scope of duties as your legal rep-
resentative. Until your legal representative is ap-
pointed, anyone having proper temporary custody
of your property will have your rights and duties
but only with respect to that property.
IL 00 21 09 08 © ISO Properties, Inc., 2007 Page 1 of 2 IL 00 21 09 08
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
NUCLEAR ENERGY LIABILITY EXCLUSION
ENDORSEMENT
(Broad Form)
This endorsement modifies insurance provided under the following:
COMMERCIAL AUTOMOBILE COVERAGE PART
COMMERCIAL GENERAL LIABILITY COVERAGE PART
FARM COVERAGE PART
LIQUOR LIABILITY COVERAGE PART
MEDICAL PROFESSIONAL LIABILITY COVERAGE PART
OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART
POLLUTION LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
RAILROAD PROTECTIVE LIABILITY COVERAGE PART
UNDERGROUND STORAGE TANK POLICY
1. The insurance does not apply:
A. Under any Liability Coverage, to "bodily injury"
or "property damage":
(1) With respect to which an "insured" under
the policy is also an insured under a nu-
clear energy liability policy issued by Nu-
clear Energy Liability Insurance Associa-
tion, Mutual Atomic Energy Liability
Underwriters, Nuclear Insurance Associa-
tion of Canada or any of their successors,
or would be an insured under any such pol -
icy but for its termination upon exhaustion
of its limit of liability; or
(2) Resulting from the "hazardous properties"
of "nuclear material" and with respect to
which (a) any person or organization is re-
quired to maintain financial protection pur -
suant to the Atomic Energy Act of 1954, or
any law amendatory thereof, or (b) the "in-
sured" is, or had this policy not been issued
would be, entitled to indemnity from the
United States of America, or any agency
thereof, under any agreement entered into
by the United States of America, or any
agency thereof, with any person or organi -
zation.
B. Under any Medical Payments coverage, to
expenses incurred with respect to "bodily in-
jury" resulting from the "hazardous properties"
of "nuclear material" and arising out of the op-
eration of a "nuclear facility" by any person or
organization.
C. Under any Liability Coverage, to "bodily injury"
or "property damage" resulting from "hazard-
ous properties" of "nuclear material", if:
(1) The "nuclear material" (a) is at any "nuclear
facility" owned by, or operated by or on be-
half of, an "insured" or (b) has been dis -
charged or dispersed therefrom;
(2) The "nuclear material" is contained in
"spent fuel" or "waste" at any time pos -
sessed, handled, used, processed, stored,
transported or disposed of, by or on behalf
of an "insured"; or
(3) The "bodily injury" or "property damage"
arises out of the furnishing by an "insured"
of services, materials, parts or equipment in
connection with the planning, construction,
maintenance, operation or use of any "nu-
clear facility", but if such facility is located
within the United States of America, its terri-
tories or possessions or Canada, this ex -
clusion (3) applies only to "property dam-
age" to such "nuclear facility" and any
property thereat.
2. As used in this endorsement:
"Hazardous properties" includes radioactive, toxic
or explosive properties.
"Nuclear material" means "source material", "spe-
cial nuclear material" or "by-product material".
"Source material", "special nuclear material", and
"by-product material" have the meanings given
them in the Atomic Energy Act of 1954 or in any
law amendatory thereof.
"Spent fuel" means any fuel element or fuel com-
ponent, solid or liquid, which has been used or ex -
posed to radiation in a "nuclear reactor".
"Waste" means any waste material (a) containing
"by-product material" other than the tailings or
wastes produced by the extraction or concentra-
tion of uranium or thorium from any ore processed
primarily for its "source material" content, and (b)
resulting from the operation by any person or or -
ganization of any "nuclear facility" included under
the first two paragraphs of the definition of "nu-
clear facility".
"Nuclear facility" means:
(a) Any "nuclear reactor";
(b) Any equipment or device designed or used
for (1) separating the isotopes of uranium or
plutonium, (2) processing or utilizing "spent
fuel", or (3) handling, processing or packag-
ing "waste";
(c) Any equipment or device used for the proc -
essing, fabricating or alloying of "special
nuclear material" if at any time the total
amount of such material in the custody of
the "insured" at the premises where such
equipment or device is located consists of
or contains more than 25 grams of pluto-
nium or uranium 233 or any combination
thereof, or more than 250 grams of uranium
235;
(d) Any structure, basin, excavation, premises
or place prepared or used for the storage or
disposal of "waste";
and includes the site on which any of the foregoing
is located, all operations conducted on such site
and all premises used for such operations.
"Nuclear reactor" means any apparatus designed
or used to sustain nuclear fission in a self -
supporting chain reaction or to contain a critical
mass of fissionable material.
"Property damage" includes all forms of radioac -
tive contamination of property.
IL 02 70 09 12 © Insurance Services Office, Inc., 2012 Page 1 of 4 IL 02 70 09 12
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CALIFORNIA CHANGES – CANCELLATION
AND NONRENEWAL
This endorsement modifies insurance provided under the following:
CAPITAL ASSETS PROGRAM (OUTPUT POLICY) COVERAGE PART
COMMERCIAL AUTOMOBILE COVERAGE PART
COMMERCIAL GENERAL LIABILITY COVERAGE PART
COMMERCIAL INLAND MARINE COVERAGE PART
COMMERCIAL PROPERTY COVERAGE PART
CRIME AND FIDELITY COVERAGE PART
EMPLOYMENT-RELATED PRACTICES LIABILITY COVERAGE PART
EQUIPMENT BREAKDOWN COVERAGE PART
FARM COVERAGE PART
LIQUOR LIABILITY COVERAGE PART
MEDICAL PROFESSIONAL LIABILITY COVERAGE PART
POLLUTION LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
A. Paragraphs 2. and 3. of the Cancellation
Common Policy Condition are replaced by the
following:
2. All Policies In Effect For 60 Days Or Less
If this policy has been in effect for 60 days or
less, and is not a renewal of a policy we have
previously issued, we may cancel this policy by
mailing or delivering to the first Named Insured,
at the mailing address shown in the policy, and
to the producer of record, advance written
notice of cancellation, stating the reason for
cancellation, at least:
a. 10 days before the effective date of
cancellation if we cancel for:
(1) Nonpayment of premium; or
(2) Discovery of fraud by:
(a) Any insured or his or her
representative in obtaining this
insurance; or
(b) You or your representative in
pursuing a claim under this policy.
b. 30 days before the effective date of
cancellation if we cancel for any other
reason.
3. All Policies In Effect For More Than 60 Days
a. If this policy has been in effect for more
than 60 days, or is a renewal of a policy we
issued, we may cancel this policy only upon
the occurrence, after the effective date of
the policy, of one or more of the following:
(1) Nonpayment of premium, including
payment due on a prior policy we issued
and due during the current policy term
covering the same risks.
(2) Discovery of fraud or material
misrepresentation by:
(a) Any insured or his or her
representative in obtaining this
insurance; or
(b) You or your representative in
pursuing a claim under this policy.
(3) A judgment by a court or an
administrative tribunal that you have
violated a California or Federal law,
having as one of its necessary elements
an act which materially increases any of
the risks insured against.
(4) Discovery of willful or grossly negligent
acts or omissions, or of any violations of
state laws or regulations establishing
safety standards, by you or your
representative, which materially
increase any of the risks insured
against.
(5) Failure by you or your representative to
implement reasonable loss control
requirements, agreed to by you as a
condition of policy issuance, or which
were conditions precedent to our use of
a particular rate or rating plan, if that
failure materially increases any of the
risks insured against.
(6) A determination by the Commissioner of
Insurance that the:
(a) Loss of, or changes in, our
reinsurance covering all or part of
the risk would threaten our financial
integrity or solvency; or
(b) Continuation of the policy coverage
would:
(i) Place us in violation of California
law or the laws of the state where
we are domiciled; or
(ii) Threaten our solvency.
(7) A change by you or your representative
in the activities or property of the
commercial or industrial enterprise,
which results in a materially added,
increased or changed risk, unless the
added, increased or changed risk is
included in the policy.
b. We will mail or deliver advance written
notice of cancellation, stating the reason for
cancellation, to the first Named Insured, at
the mailing address shown in the policy,
and to the producer of record, at least:
(1) 10 days before the effective date of
cancellation if we cancel for
nonpayment of premium or discovery of
fraud; or
(2) 30 days before the effective date of
cancellation if we cancel for any other
reason listed in Paragraph 3.a.
B. The following provision is added to the
Cancellation Common Policy Condition:
7. Residential Property
This provision applies to coverage on real
property which is used predominantly for
residential purposes and consisting of not more
than four dwelling units, and to coverage on
tenants' household personal property in a
residential unit, if such coverage is written
under one of the following:
Commercial Property Coverage Part
Farm Coverage Part – Farm Property – Farm
Dwellings, Appurtenant Structures And
Household Personal Property Coverage Form
a. If such coverage has been in effect for 60
days or less, and is not a renewal of
coverage we previously issued, we may
cancel this coverage for any reason, except
as provided in b. and c. below.
b. We may not cancel this policy solely
because the first Named Insured has:
(1) Accepted an offer of earthquake
coverage; or
(2) Cancelled or did not renew a policy
issued by the California Earthquake
Authority (CEA) that included an
earthquake policy premium surcharge.
However, we shall cancel this policy if the
first Named Insured has accepted a new or
renewal policy issued by the CEA that
includes an earthquake policy premium
surcharge but fails to pay the earthquake
policy premium surcharge authorized by the
CEA.
c. We may not cancel such coverage solely
because corrosive soil conditions exist on
the premises. This restriction (c.) applies
only if coverage is subject to one of the
following, which exclude loss or damage
caused by or resulting from corrosive soil
conditions:
(1) Commercial Property Coverage Part –
Causes Of Loss – Special Form; or
(2) Farm Coverage Part – Causes Of Loss
Form – Farm Property, Paragraph D.
Covered Causes Of Loss – Special.
IL 02 70 09 12 © Insurance Services Office, Inc., 2012 Page 3 of 4 C. The following is added and supersedes any
provisions to the contrary:
Nonrenewal
1. Subject to the provisions of Paragraphs C.2.
and C.3. below, if we elect not to renew this
policy, we will mail or deliver written notice,
stating the reason for nonrenewal, to the first
Named Insured shown in the Declarations, and
to the producer of record, at least 60 days, but
not more than 120 days, before the expiration
or anniversary date.
We will mail or deliver our notice to the first
Named Insured, and to the producer of record,
at the mailing address shown in the policy.
2. Residential Property
This provision applies to coverage on real
property used predominantly for residential
purposes and consisting of not more than four
dwelling units, and to coverage on tenants'
household property contained in a residential
unit, if such coverage is written under one of
the following:
Commercial Property Coverage Part
Farm Coverage Part – Farm Property – Farm
Dwellings, Appurtenant Structures And
Household Personal Property Coverage Form
a. We may elect not to renew such coverage
for any reason, except as provided in b., c.
and d. below.
b. We will not refuse to renew such coverage
solely because the first Named Insured has
accepted an offer of earthquake coverage.
However, the following applies only to
insurers who are associate participating
insurers as established by Cal. Ins. Code
Section 10089.16. We may elect not to
renew such coverage after the first Named
Insured has accepted an offer of
earthquake coverage, if one or more of the
following reasons applies:
(1) The nonrenewal is based on sound
underwriting principles that relate to the
coverages provided by this policy and
that are consistent with the approved
rating plan and related documents filed
with the Department of Insurance as
required by existing law;
(2) The Commissioner of Insurance finds
that the exposure to potential losses will
threaten our solvency or place us in a
hazardous condition. A hazardous
condition includes, but is not limited to, a
condition in which we make claims
payments for losses resulting from an
earthquake that occurred within the
preceding two years and that required a
reduction in policyholder surplus of at
least 25% for payment of those claims;
or
(3) We have:
(a) Lost or experienced a substantial
reduction in the availability or scope
of reinsurance coverage; or
(b) Experienced a substantial increase
in the premium charged for
reinsurance coverage of our
residential property insurance
policies; and
the Commissioner has approved a plan
for the nonrenewals that is fair and
equitable, and that is responsive to the
changes in our reinsurance position.
c. We will not refuse to renew such coverage
solely because the first Named Insured has
cancelled or did not renew a policy, issued
by the California Earthquake Authority, that
included an earthquake policy premium
surcharge.
d. We will not refuse to renew such coverage
solely because corrosive soil conditions
exist on the premises. This restriction (d.)
applies only if coverage is subject to one of
the following, which exclude loss or
damage caused by or resulting from
corrosive soil conditions:
(1) Commercial Property Coverage Part –
Causes Of Loss – Special Form; or
(2) Farm Coverage Part – Causes Of Loss
Form – Farm Property, Paragraph D.
Covered Causes Of Loss – Special.
3. We are not required to send notice of
nonrenewal in the following situations:
a. If the transfer or renewal of a policy, without
any changes in terms, conditions or rates,
is between us and a member of our
insurance group.
b. If the policy has been extended for 90 days
or less, provided that notice has been given
in accordance with Paragraph C.1.
c. If you have obtained replacement coverage,
or if the first Named Insured has agreed, in
writing, within 60 days of the termination of
the policy, to obtain that coverage.
d. If the policy is for a period of no more than
60 days and you are notified at the time of
issuance that it will not be renewed.
e. If the first Named Insured requests a
change in the terms or conditions or risks
covered by the policy within 60 days of the
end of the policy period.
f. If we have made a written offer to the first
Named Insured, in accordance with the
timeframes shown in Paragraph C.1., to
renew the policy under changed terms or
conditions or at an increased premium rate,
when the increase exceeds 25%.
IL N 177 09 12
CALIFORNIA PREMIUM REFUND DISCLOSURE NOTICE
In accordance with CAL. INS. CODE § 481.(c), we are notifying you that in the event that the first Named Insured cancels the insurance policy, we shall retain 10% of the unearned premium. The premium refunded to you will therefore be calculated as 90% of the pro rata unearned premium. But if cancellation takes place during the first year of a multiyear prepaid policy, we will return 90% of the pro rata unearned premium for the first year and the full annual premium for the subsequent years.
If you have an Equipment Breakdown policy or your policy contains an Equipment Breakdown Coverage Part, then the following premium refund calculation applies instead of that provided in the preceding paragraph. For the Equipment Breakdown policy premium or for the premium attributable to the Equipment Breakdown Coverage Part, we shall retain 25% of the unearned premium. The premium refunded to you will therefore be calculated as 75% of the pro rata unearned premium. But if cancellation takes place during the first year of a multiyear prepaid policy, we will return 75% of the pro rata unearned premium for the first year and the full annual premium for the subsequent years.
However, the penalties set forth in the preceding paragraphs will not apply under the following circumstances, even if the first Named Insured cancels the policy:
1. The Insured(s) no longer has a financial or insurable interest in the property or business operation that is the subject of insurance;
2. Cancellation takes place after the first year for a prepaid policy written for a term of more than one year; or
3. The policy is rewritten in the same insuring company or company group.
IL N 177 09 12 © Insurance Services Office, Inc., 2012 Page 1 of 1 NXT-0337 BM GL 0619 Includes copyrighted material of Insurance Services Office, Inc., with its permission.
LIMITS OF INSURANCE
STATE NATIONAL INSURANCE COMPANY, INC.
(a stock insurance company)
1900 L Don Dodson Dr.
Bedford, Texas 76021
(800) 877-4567
Administered by:
Next Insurance, Inc.
PO Box 60787
Palo Alto, CA 94306
(855) 222-5919
COMMERCIAL GENERAL LIABILITY DECLARATIONS
CERTAIN COVERAGES IN THE POLICY MAY BE WRITTEN ON A CLAIMS-MADE BASIS.
PLEASE READ YOUR POLICY CAREFULLY.
POLICY NUMBER:NXT7CJ779W-00-GL
Named Insured and Mailing Address:James MacNichols
JM Squared Associates
644 Barcelona Dr
Sonoma, CA 95476
Policy Period: From: 10/17/2023 To: 10/17/2024
at 12:01 AM standard time at the mailing address shown above
DESCRIPTION OF BUSINESS
Insured is:
Individual / Sole Proprietor Partnership/Joint Venture
Limited Liability Company Trust
X Other - Corporation
Business of Insured: Salesperson
Each Occurrence Limit
Damages to Premises Rented to You Limit
Medical Expense Limit
Personal & Advertising Injury Limit
General Aggregate Limit
Products/Completed Operations Aggregate Limit
$ 1,000,000.00
$100,000.00 Any one premises
$15,000.00 Any one person
$1,000,000.00 Any one person or
organization
$ 2,000,000.00
$ 2,000,000.00
NXT-0337 BM GL 0619 Includes copyrighted material of Insurance Services Office, Inc., with its permission.
CLASSIFICATION AND PREMIUM
LOCATION
NUMBER
CLASSIFICATION
45993
CODE
NO.
PREMIUM
BASE
GROSS_SALES
RATE ADVANCE PREMIUM
Prem/
Ops
$111.04
Prod/Comp
Ops
$286.96
Prem/
Ops
Pro d/Comp
Ops
State Tax Or Other (if applicable) $0.00
TOTAL PREMIUM (SUBJECT TO AUDIT) $398.00
PREMIUM SHOWN IS PAYABLE: At Inception $
At Each Anniversary $
(If policy period is more than one year and premium is paid in annual installments)
AUDIT PERIOD (IF APPLICABLE)
X Annually Semi-Annually Quarterly Monthly
NXT-0337 BM GL 0619 Includes copyrighted material of Insurance Services Office, Inc., with its permission.
SCHEDULE OF POLICY FORMS AND ENDORSEMENTS
These Declarations, together with the Common Policy Conditions, and the Coverage Form(s) and endorsement(s), complete the above numbered policy.
Listed below are the forms and endorsements attached to this policy at the time of issue:
Title Form Number and Edition Date
Commercial General Liability Declarations
Commercial General Liability Coverage Form
Exclusion - Access or Disclosure of Confidential or Personal Information and Data-Related Liability - With Limited Bodily Injury Exception Exclusion - Unmanned Aircraft
Communicable Disease Exclusion
Exclusion - Designated Products
Limitation Of Coverage To Designated Premises, Project Or Operation Employment-Related Practices Exclusion
Total Pollution Exclusion Endorsement
Amendment Of Liquor Liability Exclusion
Fungi or Bacteria Exclusion
Exclusion of Certified Acts of Terrorism
Exclusion - Exterior Insulation and Finish Systems
Silica or Silica-Related Dust Exclusion
Exclusion - Damage to Work Performed by Subcontractors on Your Behalf Continuous or Progressive Injury and Damage Exclusion
Cross Suits Exclusion
Bodily Injury to Employees Exclusion
Exclusion - Asbestos Exclusion
Prior Damages Exclusion
Professional Services Liability Exclusion
Blanket Additional Insured
Sexually Transmitted Diseases Exclusion
Abuse or Molestation Exclusion
Pre Existing Damages or Injury Exclusion
Unintentional E&O, Knowledge of Occurrence, Notice of Occurrence Additional Insured Automatic Status
Foreign Drywall Contaminants
Exclusion - Assault and Battery
Exclusion - Lead Exclusion
Non Compensatory Damages Exclusion
Sports and Entertainment Devices SLE Exclusion
Notice of Terrorism
OFAC Notice
Trade or Economic Sanctions
NXT-0337 BM GL 0619
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CG 21 06 05 14
CG 21 09 06 15
CG 21 32 05 09
CG 21 33 11 85
CG 21 44 04 17
CG 21 47 12 07
CG 21 49 09 99
CG 21 50 04 13
CG 21 67 12 04
CG 21 73 01 15
CG 21 86 12 04
CG 21 96 03 05
CG 22 94 10 01
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NXT-0077 BM GL 0218
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NXT-0081 BM GL 0218
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NXT-0115 BM GL 0218
NXT-0116 BM GL 0218
NXT-0189 BM GL 0218
NXT-0208 BM GL 0218
NXT-0235 BM GL 0218
NXT-0308 BM GL 0619
NXT-0314 BM GL 0218
NXT-0053 BM GL 0318
NXT-0079 BM GL 0218
NXT-0083 BM GL 0218
NXT-0336 BM GL 0218
NXT-0073 BM GL 0418
SNC-IL-0719-OFAC-N (SNIC)
SNC-IL-0719-TOES-E (SNIC)
CG 00 01 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 16
COMMERCIAL GENERAL LIABILITY
CG 00 01 04 13
COMMERCIAL GENERAL LIABILITY COVERAGE FORM
Various provisions in this policy restrict coverage.
Read the entire policy carefully to determine rights,
duties and what is and is not covered.
Throughout this policy the words "you" and "your"
refer to the Named Insured shown in the Declarations,
and any other person or organization qualifying as a
Named Insured under this policy. The words "we",
"us" and "our" refer to the company providing this
insurance.
The word "insured" means any person or organization
qualifying as such under Section II – Who Is An
Insured.
Other words and phrases that appear in quotation
marks have special meaning. Refer to Section V –
Definitions.
SECTION I – COVERAGES
COVERAGE A – BODILY INJURY AND PROPERTY
DAMAGE LIABILITY
1. Insuring Agreement
a. We will pay those sums that the insured
becomes legally obligated to pay as damages
because of "bodily injury" or "property damage"
to which this insurance applies. We will have
the right and duty to defend the insured against
any "suit" seeking those damages. However,
we will have no duty to defend the insured
against any "suit" seeking damages for "bodily
injury" or "property damage" to which this
insurance does not apply. We may, at our
discretion, investigate any "occurrence" and
settle any claim or "suit" that may result. But:
(1) The amount we will pay for damages is
limited as described in Section III – Limits
Of Insurance; and
(2) Our right and duty to defend ends when we
have used up the applicable limit of
insurance in the payment of judgments or
settlements under Coverages A or B or
medical expenses under Coverage C.
No other obligation or liability to pay sums or
perform acts or services is covered unless
explicitly provided for under Supplementary
Payments – Coverages A and B.
b. This insurance applies to "bodily injury" and
"property damage" only if:
(1) The "bodily injury" or "property damage" is
caused by an "occurrence" that takes place
in the "coverage territory";
(2) The "bodily injury" or "property damage"
occurs during the policy period; and
(3) Prior to the policy period, no insured listed
under Paragraph 1. of Section II – Who Is
An Insured and no "employee" authorized
by you to give or receive notice of an
"occurrence" or claim, knew that the "bodily
injury" or "property damage" had occurred,
in whole or in part. If such a listed insured
or authorized "employee" knew, prior to the
policy period, that the "bodily injury" or
"property damage" occurred, then any
continuation, change or resumption of such
"bodily injury" or "property damage" during
or after the policy period will be deemed to
have been known prior to the policy period.
c. "Bodily injury" or "property damage" which
occurs during the policy period and was not,
prior to the policy period, known to have
occurred by any insured listed under
Paragraph 1. of Section II – Who Is An Insured
or any "employee" authorized by you to give or
receive notice of an "occurrence" or claim,
includes any continuation, change or
resumption of that "bodily injury" or "property
damage" after the end of the policy period.
d. "Bodily injury" or "property damage" will be
deemed to have been known to have occurred
at the earliest time when any insured listed
under Paragraph 1. of Section II – Who Is An
Insured or any "employee" authorized by you to
give or receive notice of an "occurrence" or
claim:
(1) Reports all, or any part, of the "bodily injury"
or "property damage" to us or any other
insurer;
(2) Receives a written or verbal demand or
claim for damages because of the "bodily
injury" or "property damage"; or
(3) Becomes aware by any other means that
"bodily injury" or "property damage" has
occurred or has begun to occur.
e. Damages because of "bodily injury" include
damages claimed by any person or
organization for care, loss of services or death
resulting at any time from the "bodily injury".
2. Exclusions
This insurance does not apply to:
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 "bodily injury"
resulting from the use of reasonable force to
protect persons or property.
b. Contractual Liability
"Bodily injury" or "property damage" for which
the insured 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:
(1) That the insured would have in the absence
of the contract or agreement; or
(2) Assumed in a contract or agreement that is
an "insured contract", provided the "bodily
injury" or "property damage" occurs
subsequent to the execution of the contract
or agreement. Solely for the purposes of
liability assumed in an "insured contract",
reasonable attorneys' fees and necessary
litigation expenses incurred by or for a party
other than an insured are deemed to be
damages because of "bodily injury" or
"property damage", provided:
(a) Liability to such party for, or for the cost
of, that party's defense has also been
assumed in the same "insured contract";
and
(b) Such attorneys' fees and litigation
expenses are for defense of that party
against a civil or alternative dispute
resolution proceeding in which damages
to which this insurance applies are
alleged.
c. Liquor Liability
"Bodily injury" or "property damage" for which
any insured may be held liable by reason of:
(1) Causing or contributing to the intoxication of
any person;
(2) The furnishing of alcoholic beverages to a
person under the legal drinking age or
under the influence of alcohol; or
(3) Any statute, ordinance or regulation relating
to the sale, gift, distribution or use of
alcoholic beverages.
This exclusion applies even if the claims
against any insured allege negligence or other
wrongdoing in:
(a) The supervision, hiring, employment,
training or monitoring of others by that
insured; or
(b) Providing or failing to provide
transportation with respect to any
person that may be under the influence
of alcohol;
if the "occurrence" which caused the "bodily
injury" or "property damage", involved that
which is described in Paragraph (1), (2) or (3)
above.
However, this exclusion applies only if you are
in the business of manufacturing, distributing,
selling, serving or furnishing alcoholic
beverages. For the purposes of this exclusion,
permitting a person to bring alcoholic
beverages on your premises, for consumption
on your premises, whether or not a fee is
charged or a license is required for such
activity, is not by itself considered the business
of selling, serving or furnishing alcoholic
beverages.
d. Workers' Compensation And Similar Laws
Any obligation of the insured under a workers'
compensation, disability benefits or
unemployment compensation law or any
similar law.
e. Employer's Liability
"Bodily injury" to:
(1) An "employee" of the insured arising out of
and in the course of:
(a) Employment by the insured; or
(b) Performing duties related to the conduct
of the insured's business; or
(2) The spouse, child, parent, brother or sister
of that "employee" as a consequence of
Paragraph (1) above.
This exclusion applies whether the insured
may be liable as an employer or in any other
capacity and to any obligation to share
damages with or repay someone else who
must pay damages because of the injury.
This exclusion does not apply to liability
assumed by the insured under an "insured
contract".
CG 00 01 04 13 © Insurance Services Office, Inc., 2012 Page 3 of 16 f. Pollution
(1) "Bodily injury" or "property damage" arising
out of the actual, alleged or threatened
discharge, dispersal, seepage, migration,
release or escape of "pollutants":
(a) At or from any premises, site or location
which is or was at any time owned or
occupied by, or rented or loaned to, any
insured. However, this subparagraph
does not apply to:
(i) "Bodily injury" if sustained within a
building and caused by smoke,
fumes, vapor or soot produced by or
originating from equipment that is
used to heat, cool or dehumidify the
building, or equipment that is used to
heat water for personal use, by the
building's occupants or their guests;
(ii) "Bodily injury" or "property damage"
for which you may be held liable, if
you are a contractor and the owner
or lessee of such premises, site or
location has been added to your
policy as an additional insured with
respect to your ongoing operations
performed for that additional insured
at that premises, site or location and
such premises, site or location is not
and never was owned or occupied
by, or rented or loaned to, any
insured, other than that additional
insured; or
(iii) "Bodily injury" or "property damage"
arising out of heat, smoke or fumes
from a "hostile fire";
(b) At or from any premises, site or location
which is or was at any time used by or
for any insured or others for the
handling, storage, disposal, processing
or treatment of waste;
(c) Which are or were at any time
transported, handled, stored, treated,
disposed of, or processed as waste by
or for:
(i) Any insured; or
(ii) Any person or organization for whom
you may be legally responsible; or
(d) At or from any premises, site or location
on which any insured or any contractors
or subcontractors working directly or
indirectly on any insured's behalf are
performing operations if the "pollutants"
are brought on or to the premises, site
or location in connection with such
operations by such insured, contractor
or subcontractor. However, this
subparagraph does not apply to:
(i) "Bodily injury" or "property damage"
arising out of the escape of fuels,
lubricants or other operating fluids
which are needed to perform the
normal electrical, hydraulic or
mechanical functions necessary for
the operation of "mobile equipment"
or its parts, if such fuels, lubricants
or other operating fluids escape from
a vehicle part designed to hold, store
or receive them. This exception does
not apply if the "bodily injury" or
"property damage" arises out of the
intentional discharge, dispersal or
release of the fuels, lubricants or
other operating fluids, or if such
fuels, lubricants or other operating
fluids are brought on or to the
premises, site or location with the
intent that they be discharged,
dispersed or released as part of the
operations being performed by such
insured, contractor or subcontractor;
(ii) "Bodily injury" or "property damage"
sustained within a building and
caused by the release of gases,
fumes or vapors from materials
brought into that building in
connection with operations being
performed by you or on your behalf
by a contractor or subcontractor; or
(iii) "Bodily injury" or "property damage"
arising out of heat, smoke or fumes
from a "hostile fire".
(e) At or from any premises, site or location
on which any insured or any contractors
or subcontractors working directly or
indirectly on any insured's behalf are
performing operations if the operations
are to test for, monitor, clean up,
remove, contain, treat, detoxify or
neutralize, or in any way respond to, or
assess the effects of, "pollutants".
(2) Any loss, cost or expense arising out of
any:
(a) Request, demand, order or statutory or
regulatory requirement that any insured
or others test for, monitor, clean up,
remove, contain, treat, detoxify or
neutralize, or in any way respond to, or
assess the effects of, "pollutants"; or
(b) Claim or suit by or on behalf of a
governmental authority for damages
because of testing for, monitoring,
cleaning up, removing, containing,
treating, detoxifying or neutralizing, or in
any way responding to, or assessing the
effects of, "pollutants".
However, this paragraph does not apply to
liability for damages because of "property
damage" that the insured would have in the
absence of such request, demand, order or
statutory or regulatory requirement, or such
claim or "suit" by or on behalf of a
governmental authority.
g. Aircraft, Auto Or Watercraft
"Bodily injury" or "property damage" arising out
of the ownership, maintenance, use or
entrustment to others of any aircraft, "auto" or
watercraft owned or operated by or rented or
loaned to any insured. Use includes operation
and "loading or unloading".
This exclusion applies even if the claims
against any insured allege negligence or other
wrongdoing in the supervision, hiring,
employment, training or monitoring of others by
that insured, if the "occurrence" which caused
the "bodily injury" or "property damage"
involved the ownership, maintenance, use or
entrustment to others of any aircraft, "auto" or
watercraft that is owned or operated by or
rented or loaned to any insured.
This exclusion does not apply to:
(1) A watercraft while ashore on premises you
own or rent;
(2) A watercraft you do not own that is:
(a) Less than 26 feet long; and
(b) Not being used to carry persons or
property for a charge;
(3) Parking an "auto" on, or on the ways next
to, premises you own or rent, provided the
"auto" is not owned by or rented or loaned
to you or the insured;
(4) Liability assumed under any "insured
contract" for the ownership, maintenance or
use of aircraft or watercraft; or
(5) "Bodily injury" or "property damage" arising
out of:
(a) The operation of machinery or
equipment that is attached to, or part of,
a land vehicle that would qualify under
the definition of "mobile equipment" if it
were not subject to a compulsory or
financial responsibility law or other
motor vehicle insurance law where it is
licensed or principally garaged; or
(b) The operation of any of the machinery
or equipment listed in Paragraph f.(2) or
f.(3) of the definition of "mobile
equipment".
h. Mobile Equipment
"Bodily injury" or "property damage" arising out
of:
(1) The transportation of "mobile equipment" by
an "auto" owned or operated by or rented or
loaned to any insured; or
(2) The use of "mobile equipment" in, or while
in practice for, or while being prepared for,
any prearranged racing, speed, demolition,
or stunting activity.
i. War
"Bodily injury" or "property damage", however
caused, arising, directly or indirectly, out of:
(1) War, including undeclared or civil war;
(2) Warlike action by a military force, including
action in hindering or defending against an
actual or expected attack, by any
government, sovereign or other authority
using military personnel or other agents; or
(3) Insurrection, rebellion, revolution, usurped
power, or action taken by governmental
authority in hindering or defending against
any of these.
j. Damage To Property
"Property damage" to:
(1) Property you own, rent, or occupy, including
any costs or expenses incurred by you, or
any other person, organization or entity, for
repair, replacement, enhancement,
restoration or maintenance of such property
for any reason, including prevention of
injury to a person or damage to another's
property;
(2) Premises you sell, give away or abandon, if
the "property damage" arises out of any
part of those premises;
(3) Property loaned to you;
CG 00 01 04 13 © Insurance Services Office, Inc., 2012 Page 5 of 16 (4) Personal property in the care, custody or
control of the insured;
(5) That particular part of real property on
which you or any contractors or
subcontractors working directly or indirectly
on your behalf are performing operations, if
the "property damage" arises out of those
operations; or
(6) That particular part of any property that
must be restored, repaired or replaced
because "your work" was incorrectly
performed on it.
Paragraphs (1), (3) and (4) of this exclusion do
not apply to "property damage" (other than
damage by fire) to premises, including the
contents of such premises, rented to you for a
period of seven or fewer consecutive days. A
separate limit of insurance applies to Damage
To Premises Rented To You as described in
Section III – Limits Of Insurance.
Paragraph (2) of this exclusion does not apply
if the premises are "your work" and were never
occupied, rented or held for rental by you.
Paragraphs (3), (4), (5) and (6) of this
exclusion do not apply to liability assumed
under a sidetrack agreement.
Paragraph (6) of this exclusion does not apply
to "property damage" included in the "products-
completed operations hazard".
k. Damage To Your Product
"Property damage" to "your product" arising out
of it or any part of it.
l. Damage To Your Work
"Property damage" to "your work" arising out of
it or any part of it and included in the "products-
completed operations hazard".
This exclusion does not apply if the damaged
work or the work out of which the damage
arises was performed on your behalf by a
subcontractor.
m. Damage To Impaired Property Or Property
Not Physically Injured
"Property damage" to "impaired property" or
property that has not been physically injured,
arising out of:
(1) A defect, deficiency, inadequacy or
dangerous condition in "your product" or
"your work"; or
(2) A delay or failure by you or anyone acting
on your behalf to perform a contract or
agreement in accordance with its terms.
This exclusion does not apply to the loss of use
of other property arising out of sudden and
accidental physical injury to "your product" or
"your work" after it has been put to its intended
use.
n. Recall Of Products, Work Or Impaired
Property
Damages claimed for any loss, cost or
expense incurred by you or others for the loss
of use, withdrawal, recall, inspection, repair,
replacement, adjustment, removal or disposal
of:
(1) "Your product";
(2) "Your work"; or
(3) "Impaired property";
if such product, work, or property is withdrawn
or recalled from the market or from use by any
person or organization because of a known or
suspected defect, deficiency, inadequacy or
dangerous condition in it.
o. Personal And Advertising Injury
"Bodily injury" arising out of "personal and
advertising injury".
p. Electronic Data
Damages arising out of the loss of, loss of use
of, damage to, corruption of, inability to access,
or inability to manipulate electronic data.
However, this exclusion does not apply to
liability for damages because of "bodily injury".
As used in this exclusion, electronic data
means information, facts or programs stored as
or on, created or used on, or transmitted to or
from computer software, including systems and
applications software, hard or floppy disks, CD-
ROMs, tapes, drives, cells, data processing
devices or any other media which are used
with electronically controlled equipment.
q. Recording And Distribution Of Material Or
Information In Violation Of Law
"Bodily injury" or "property damage" arising
directly or indirectly out of any action or
omission that violates or is alleged to violate:
(1) The Telephone Consumer Protection Act
(TCPA), including any amendment of or
addition to such law;
(2) The CAN-SPAM Act of 2003, including any
amendment of or addition to such law;
(3) The Fair Credit Reporting Act (FCRA), and
any amendment of or addition to such law,
including the Fair and Accurate Credit
Transactions Act (FACTA); or
(4) Any federal, state or local statute,
ordinance or regulation, other than the
TCPA, CAN-SPAM Act of 2003 or FCRA
and their amendments and additions, that
addresses, prohibits, or limits the printing,
dissemination, disposal, collecting,
recording, sending, transmitting,
communicating or distribution of material or
information.
Exclusions c. through n. do not apply to damage
by fire to premises while rented to you or
temporarily occupied by you with permission of the
owner. A separate limit of insurance applies to this
coverage as described in Section III – Limits Of
Insurance.
COVERAGE B – PERSONAL AND ADVERTISING
INJURY LIABILITY
1. Insuring Agreement
a. We will pay those sums that the insured
becomes legally obligated to pay as damages
because of "personal and advertising injury" to
which this insurance applies. We will have the
right and duty to defend the insured against
any "suit" seeking those damages. However,
we will have no duty to defend the insured
against any "suit" seeking damages for
"personal and advertising injury" to which this
insurance does not apply. We may, at our
discretion, investigate any offense and settle
any claim or "suit" that may result. But:
(1) The amount we will pay for damages is
limited as described in Section III – Limits
Of Insurance; and
(2) Our right and duty to defend end when we
have used up the applicable limit of
insurance in the payment of judgments or
settlements under Coverages A or B or
medical expenses under Coverage C.
No other obligation or liability to pay sums or
perform acts or services is covered unless
explicitly provided for under Supplementary
Payments – Coverages A and B.
b. This insurance applies to "personal and
advertising injury" caused by an offense arising
out of your business but only if the offense was
committed in the "coverage territory" during the
policy period.
2. Exclusions
This insurance does not apply to:
a. Knowing Violation Of Rights Of Another
"Personal and advertising injury" caused by or
at the direction of the insured with the
knowledge that the act would violate the rights
of another and would inflict "personal and
advertising injury".
b. Material Published With Knowledge Of
Falsity
"Personal and advertising injury" arising out of
oral or written publication, in any manner, of
material, if done by or at the direction of the
insured with knowledge of its falsity.
c. Material Published Prior To Policy Period
"Personal and advertising injury" arising out of
oral or written publication, in any manner, of
material whose first publication took place
before the beginning of the policy period.
d. Criminal Acts
"Personal and advertising injury" arising out of
a criminal act committed by or at the direction
of the insured.
e. Contractual Liability
"Personal and advertising injury" for which the
insured has assumed liability in a contract or
agreement. This exclusion does not apply to
liability for damages that the insured would
have in the absence of the contract or
agreement.
f. Breach Of Contract
"Personal and advertising injury" arising out of
a breach of contract, except an implied
contract to use another's advertising idea in
your "advertisement".
g. Quality Or Performance Of Goods – Failure
To Conform To Statements
"Personal and advertising injury" arising out of
the failure of goods, products or services to
conform with any statement of quality or
performance made in your "advertisement".
h. Wrong Description Of Prices
"Personal and advertising injury" arising out of
the wrong description of the price of goods,
products or services stated in your
"advertisement".
CG 00 01 04 13 © Insurance Services Office, Inc., 2012 Page 7 of 16 i. Infringement Of Copyright, Patent,
Trademark Or Trade Secret
"Personal and advertising injury" arising out of
the infringement of copyright, patent,
trademark, trade secret or other intellectual
property rights. Under this exclusion, such
other intellectual property rights do not include
the use of another's advertising idea in your
"advertisement".
However, this exclusion does not apply to
infringement, in your "advertisement", of
copyright, trade dress or slogan.
j. Insureds In Media And Internet Type
Businesses
"Personal and advertising injury" committed by
an insured whose business is:
(1) Advertising, broadcasting, publishing or
telecasting;
(2) Designing or determining content of web
sites for others; or
(3) An Internet search, access, content or
service provider.
However, this exclusion does not apply to
Paragraphs 14.a., b. and c. of "personal and
advertising injury" under the Definitions
section.
For the purposes of this exclusion, the placing
of frames, borders or links, or advertising, for
you or others anywhere on the Internet, is not
by itself, considered the business of
advertising, broadcasting, publishing or
telecasting.
k. Electronic Chatrooms Or Bulletin Boards
"Personal and advertising injury" arising out of
an electronic chatroom or bulletin board the
insured hosts, owns, or over which the insured
exercises control.
l. Unauthorized Use Of Another's Name Or
Product
"Personal and advertising injury" arising out of
the unauthorized use of another's name or
product in your e- mail address, domain name
or metatag, or any other similar tactics to
mislead another's potential customers.
m. Pollution
"Personal and advertising injury" arising out of
the actual, alleged or threatened discharge,
dispersal, seepage, migration, release or
escape of "pollutants" at any time.
n. Pollution-related
Any loss, cost or expense arising out of any:
(1) Request, demand, order or statutory or
regulatory requirement that any insured or
others test for, monitor, clean up, remove,
contain, treat, detoxify or neutralize, or in
any way respond to, or assess the effects
of, "pollutants"; or
(2) Claim or suit by or on behalf of a
governmental authority for damages
because of testing for, monitoring, cleaning
up, removing, containing, treating,
detoxifying or neutralizing, or in any way
responding to, or assessing the effects of,
"pollutants".
o. War
"Personal and advertising injury", however
caused, arising, directly or indirectly, out of:
(1) War, including undeclared or civil war;
(2) Warlike action by a military force, including
action in hindering or defending against an
actual or expected attack, by any
government, sovereign or other authority
using military personnel or other agents; or
(3) Insurrection, rebellion, revolution, usurped
power, or action taken by governmental
authority in hindering or defending against
any of these.
p. Recording And Distribution Of Material Or
Information In Violation Of Law
"Personal and advertising injury" arising
directly or indirectly out of any action or
omission that violates or is alleged to violate:
(1) The Telephone Consumer Protection Act
(TCPA), including any amendment of or
addition to such law;
(2) The CAN-SPAM Act of 2003, including any
amendment of or addition to such law;
(3) The Fair Credit Reporting Act (FCRA), and
any amendment of or addition to such law,
including the Fair and Accurate Credit
Transactions Act (FACTA); or
(4) Any federal, state or local statute,
ordinance or regulation, other than the
TCPA, CAN-SPAM Act of 2003 or FCRA
and their amendments and additions, that
addresses, prohibits, or limits the printing,
dissemination, disposal, collecting,
recording, sending, transmitting,
communicating or distribution of material or
information.
COVERAGE C – MEDICAL PAYMENTS
1. Insuring Agreement
a. We will pay medical expenses as described
below for "bodily injury" caused by an accident:
(1) On premises you own or rent;
(2) On ways next to premises you own or rent;
or
(3) Because of your operations;
provided that:
(a) The accident takes place in the
"coverage territory" and during the policy
period;
(b) The expenses are incurred and reported
to us within one year of the date of the
accident; and
(c) The injured person submits to
examination, at our expense, by
physicians of our choice as often as we
reasonably require.
b. We will make these payments regardless of
fault. These payments will not exceed the
applicable limit of insurance. We will pay
reasonable expenses for:
(1) First aid administered at the time of an
accident;
(2) Necessary medical, surgical, X -ray and
dental services, including prosthetic
devices; and
(3) Necessary ambulance, hospital,
professional nursing and funeral services.
2. Exclusions
We will not pay expenses for "bodily injury":
a. Any Insured
To any insured, except "volunteer workers".
b. Hired Person
To a person hired to do work for or on behalf of
any insured or a tenant of any insured.
c. Injury On Normally Occupied Premises
To a person injured on that part of premises
you own or rent that the person normally
occupies.
d. Workers' Compensation And Similar Laws
To a person, whether or not an "employee" of
any insured, if benefits for the "bodily injury"
are payable or must be provided under a
workers' compensation or disability benefits
law or a similar law.
e. Athletics Activities
To a person injured while practicing, instructing
or participating in any physical exercises or
games, sports, or athletic contests.
f. Products-Completed Operations Hazard
Included within the "products-completed
operations hazard".
g. Coverage A Exclusions
Excluded under Coverage A.
SUPPLEMENTARY PAYMENTS – COVERAGES A
AND B
1. We will pay, with respect to any claim we
investigate or settle, or any "suit" against an
insured we defend:
a. All expenses we incur.
b. Up to $250 for cost of bail bonds required
because of accidents or traffic law violations
arising out of the use of any vehicle to which
the Bodily Injury Liability Coverage applies. We
do not have to furnish these bonds.
c. The cost of bonds to release attachments, but
only for bond amounts within the applicable
limit of insurance. We do not have to furnish
these bonds.
d. All reasonable expenses incurred by the
insured at our request to assist us in the
investigation or defense of the claim or "suit",
including actual loss of earnings up to $250 a
day because of time off from work.
e. All court costs taxed against the insured in the
"suit". However, these payments do not include
attorneys' fees or attorneys' expenses taxed
against the insured.
f. Prejudgment interest awarded against the
insured on that part of the judgment we pay. If
we make an offer to pay the applicable limit of
insurance, we will not pay any prejudgment
interest based on that period of time after the
offer.
CG 00 01 04 13 © Insurance Services Office, Inc., 2012 Page 9 of 16 g. All interest on the full amount of any judgment
that accrues after entry of the judgment and
before we have paid, offered to pay, or
deposited in court the part of the judgment that
is within the applicable limit of insurance.
These payments will not reduce the limits of
insurance.
2. If we defend an insured against a "suit" and an
indemnitee of the insured is also named as a party
to the "suit", we will defend that indemnitee if all of the following conditions are met:
a. The "suit" against the indemnitee seeks
damages for which the insured has assumed
the liability of the indemnitee in a contract or
agreement that is an "insured contract";
b. This insurance applies to such liability
assumed by the insured;
c. The obligation to defend, or the cost of the
defense of, that indemnitee, has also been
assumed by the insured in the same "insured
contract";
d. The allegations in the "suit" and the information
we know about the "occurrence" are such that
no conflict appears to exist between the
interests of the insured and the interests of the
indemnitee;
e. The indemnitee and the insured ask us to
conduct and control the defense of that
indemnitee against such "suit" and agree that
we can assign the same counsel to defend the
insured and the indemnitee; and
f. The indemnitee:
(1) Agrees in writing to:
(a) Cooperate with us in the investigation,
settlement or defense of the "suit";
(b) Immediately send us copies of any
demands, notices, summonses or legal
papers received in connection with the
"suit";
(c) Notify any other insurer whose coverage
is available to the indemnitee; and
(d) Cooperate with us with respect to
coordinating other applicable insurance
available to the indemnitee; and
(2) Provides us with written authorization to:
(a) Obtain records and other information
related to the "suit"; and
(b) Conduct and control the defense of the
indemnitee in such "suit".
So long as the above conditions are met,
attorneys' fees incurred by us in the defense of
that indemnitee, necessary litigation expenses
incurred by us and necessary litigation expenses
incurred by the indemnitee at our request will be
paid as Supplementary Payments.
Notwithstanding the provisions of Paragraph
2.b.(2) of Section I – Coverage A – Bodily Injury
And Property Damage Liability, such payments will
not be deemed to be damages for "bodily injury"
and "property damage" and will not reduce the
limits of insurance.
Our obligation to defend an insured's indemnitee
and to pay for attorneys' fees and necessary
litigation expenses as Supplementary Payments
ends when we have used up the applicable limit of
insurance in the payment of judgments or
settlements or the conditions set forth above, or
the terms of the agreement described in
Paragraph f. above, are no longer met.
SECTION II – WHO IS AN INSURED
1. If you are designated in the Declarations as:
a. An individual, you and your spouse are
insureds, but only with respect to the conduct
of a business of which you are the sole owner.
b. A partnership or joint venture, you are an
insured. Your members, your partners, and
their spouses are also insureds, but only with
respect to the conduct of your business.
c. A limited liability company, you are an insured.
Your members are also insureds, but only with
respect to the conduct of your business. Your
managers are insureds, but only with respect
to their duties as your managers.
d. An organization other than a partnership, joint
venture or limited liability company, you are an
insured. Your "executive officers" and directors
are insureds, but only with respect to their
duties as your officers or directors. Your
stockholders are also insureds, but only with
respect to their liability as stockholders.
e. A trust, you are an insured. Your trustees are
also insureds, but only with respect to their
duties as trustees.
2. Each of the following is also an insured:
a. Your "volunteer workers" only while performing
duties related to the conduct of your business,
or your "employees", other than either your
"executive officers" (if you are an organization
other than a partnership, joint venture or limited
liability company) or your managers (if you are
a limited liability company), but only for acts
within the scope of their employment by you or
while performing duties related to the conduct
of your business. However, none of these
"employees" or "volunteer workers" are
insureds for:
(1) "Bodily injury" or "personal and advertising
injury":
(a) To you, to your partners or members (if
you are a partnership or joint venture),
to your members (if you are a limited
liability company), to a co- "employee"
while in the course of his or her
employment or performing duties related
to the conduct of your business, or to
your other "volunteer workers" while
performing duties related to the conduct
of your business;
(b) To the spouse, child, parent, brother or
sister of that co- "employee" or
"volunteer worker" as a consequence of
Paragraph (1)(a) above;
(c) For which there is any obligation to
share damages with or repay someone
else who must pay damages because of
the injury described in Paragraph (1)(a)
or (b) above; or
(d) Arising out of his or her providing or
failing to provide professional health
care services.
(2) "Property damage" to property:
(a) Owned, occupied or used by;
(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. Any person (other than your "employee" or
"volunteer worker"), or any organization while
acting as your real estate manager.
c. 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. 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 Coverage Part.
3. Any organization you newly acquire or form, other
than a partnership, joint venture or limited liability
company, and over which you maintain ownership
or majority interest, 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 90th day after you acquire or form the
organization or the end of the policy period,
whichever is earlier;
b. Coverage A does not apply to "bodily injury" or
"property damage" that occurred before you
acquired or formed the organization; and
c. Coverage B does not apply to "personal and
advertising injury" arising out of an offense
committed before you acquired or formed the
organization.
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.
SECTION III – LIMITS OF INSURANCE
1. The Limits of Insurance shown in the Declarations
and the rules below fix the most we will pay
regardless of the number of:
a. Insureds;
b. Claims made or "suits" brought; or
c. Persons or organizations making claims or
bringing "suits".
2. The General Aggregate Limit is the most we will
pay for the sum of:
a. Medical expenses under Coverage C;
b. Damages under Coverage A, except damages
because of "bodily injury" or "property damage"
included in the "products -completed operations
hazard"; and
c. Damages under Coverage B.
CG 00 01 04 13 © Insurance Services Office, Inc., 2012 Page 11 of 16
3. The Products -Completed Operations Aggregate
Limit is the most we will pay under Coverage A for
damages because of "bodily injury" and "property
damage" included in the "products -completed
operations hazard".
4. Subject to Paragraph 2. above, the Personal And
Advertising Injury Limit is the most we will pay
under Coverage B for the sum of all damages
because of all "personal and advertising injury"
sustained by any one person or organization.
5. Subject to Paragraph 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
because of all "bodily injury" and "property
damage" arising out of any one "occurrence".
6. Subject to Paragraph 5. above, the Damage To
Premises Rented To You Limit is the most we will
pay under Coverage A for damages because of
"property damage" to any one premises, while
rented to you, or in the case of damage by fire,
while rented to you or temporarily occupied by you
with permission of the owner.
7. Subject to Paragraph 5. above, the Medical
Expense Limit is the most we will pay under
Coverage C for all medical expenses because of
"bodily injury" sustained by any one person.
The Limits of Insurance of this Coverage Part apply
separately to each consecutive annual period and to
any remaining period of less than 12 months, starting
with the beginning of the policy period shown in the
Declarations, unless the policy period is extended
after issuance for an additional period of less than 12 months. In that case, the additional period will be
deemed part of the last preceding period for purposes
of determining the Limits of Insurance.
SECTION IV – COMMERCIAL GENERAL LIABILITY
CONDITIONS
1. Bankruptcy
Bankruptcy or insolvency of the insured or of the
insured's estate will not relieve us of our
obligations under this Coverage Part.
2. Duties In The Event Of Occurrence, Offense,
Claim Or Suit
a. You must see to it that we are notified as soon
as practicable of an "occurrence" or an offense
which may result in a claim. To the extent
possible, notice should include:
(1) How, when and where the "occurrence" or
offense took place;
(2) The names and addresses of any injured
persons and witnesses; and
(3) The nature and location of any injury or
damage arising out of the "occurrence" or
offense.
b. If a claim is made or "suit" is brought against
any insured, you must:
(1) Immediately record the specifics of the
claim or "suit" and the date received; and
(2) Notify us as soon as practicable.
You must see to it that we receive written
notice of the claim or "suit" as soon as
practicable.
c. You and any other involved insured must:
(1) Immediately send us copies of any
demands, notices, summonses or legal
papers received in connection with the
claim or "suit";
(2) Authorize us to obtain records and other
information;
(3) Cooperate with us in the investigation or
settlement of the claim or defense against
the "suit"; and
(4) Assist us, upon our request, in the
enforcement of any right against any
person or organization which may be liable
to the insured because of injury or damage
to which this insurance may also apply.
d. No insured will, except at that insured's own
cost, voluntarily make a payment, assume any
obligation, or incur any expense, other than for
first aid, without our consent.
3. Legal Action Against Us
No person or organization has a right under this
Coverage Part:
a. To join us as a party or otherwise bring us into
a "suit" asking for damages from an insured; or
b. To sue us on this Coverage Part unless all of
its terms have been fully complied with.
A person or organization may sue us to recover on
an agreed settlement or on a final judgment
against an insured; but we will not be liable for
damages that are not payable under the terms of
this Coverage Part or that are in excess of the
applicable limit of insurance. An agreed settlement
means a settlement and release of liability signed
by us, the insured and the claimant or the
claimant's legal representative.
4. Other Insurance
If other valid and collectible insurance is available
to the insured for a loss we cover under
Coverages A or B of this Coverage Part, our
obligations are limited as follows:
a. Primary Insurance
This insurance is primary except when
Paragraph b. below applies. If this insurance is
primary, our obligations are not affected unless
any of the other insurance is also primary.
Then, we will share with all that other
insurance by the method described in
Paragraph c. below.
b. Excess Insurance
(1) This insurance is excess over:
(a) Any of the other insurance, whether
primary, excess, contingent or on any
other basis:
(i) That is Fire, Extended Coverage,
Builder's Risk, Installation Risk or
similar coverage for "your work";
(ii) That is Fire insurance for premises
rented to you or temporarily
occupied by you with permission of
the owner;
(iii) 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; or
(iv) 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 I –
Coverage A – Bodily Injury And
Property Damage Liability.
(b) Any other primary insurance available to
you covering liability for damages
arising out of the premises or
operations, or the products and
completed operations, for which you
have been added as an additional
insured.
(2) When this insurance is excess, we will have
no duty under Coverages A or B 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.
(3) 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:
(a) The total amount that all such other
insurance would pay for the loss in the
absence of this insurance; and
(b) The total of all deductible and self -
insured amounts under all that other
insurance.
(4) 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 of 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.
5. Premium Audit
a. We will compute all premiums for this
Coverage Part in accordance with our rules
and rates.
b. Premium shown in this Coverage Part as
advance premium is a deposit premium only.
At the close of each audit period we will
compute the earned premium for that period
and send notice to the first Named Insured.
The due date for audit and retrospective
premiums is the date shown as the due date
on the bill. If the sum of the advance and audit
premiums paid for the policy period is greater
than the earned premium, we will return the
excess to the first Named Insured.
c. The first Named Insured must keep records of
the information we need for premium
computation, and send us copies at such times
as we may request.
6. Representations
By accepting this policy, you agree:
a. The statements in the Declarations are
accurate and complete;
CG 00 01 04 13 © Insurance Services Office, Inc., 2012 Page 13 of 16 b. Those statements are based upon
representations you made to us; and
c. We have issued this policy in reliance upon
your representations.
7. Separation Of Insureds
Except with respect to the Limits of Insurance, and
any rights or duties specifically assigned in this
Coverage Part 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 claim
is made or "suit" is brought.
8. Transfer Of Rights Of Recovery Against Others
To Us
If the insured has rights to recover all or part of
any payment 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.
9. When We Do Not Renew
If we decide not to renew this Coverage Part, we
will mail or deliver to the first Named Insured
shown in the Declarations written notice of the
nonrenewal not less than 30 days before the
expiration date.
If notice is mailed, proof of mailing will be sufficient proof of notice.
SECTION V – DEFINITIONS
1. "Advertisement" means a notice that is broadcast
or published to the general public or specific
market segments about your goods, products or
services for the purpose of attracting customers or
supporters. For the purposes of this definition:
a. Notices that are published include material
placed on the Internet or on similar electronic
means of communication; and
b. Regarding web sites, only that part of a web
site that is about your goods, products or
services for the purposes of attracting
customers or supporters is considered an
advertisement.
2. "Auto" means:
a. A land motor vehicle, trailer or semitrailer
designed for travel on public roads, including
any attached machinery or equipment; or
b. Any other land vehicle that is subject to a
compulsory or financial responsibility law or
other motor vehicle insurance law where it is
licensed or principally garaged.
However, "auto" does not include "mobile
equipment".
3. "Bodily injury" means bodily injury, sickness or
disease sustained by a person, including death
resulting from any of these at any time.
4. "Coverage territory" means:
a. The United States of America (including its
territories and possessions), Puerto Rico and
Canada;
b. International waters or airspace, but only if the
injury or damage occurs in the course of travel
or transportation between any places included
in Paragraph a. above; or
c. All other parts of the world if the injury or
damage arises out of:
(1) Goods or products made or sold by you in
the territory described in Paragraph a.
above;
(2) The activities of a person whose home is in
the territory described in Paragraph a.
above, but is away for a short time on your
business; or
(3) "Personal and advertising injury" offenses
that take place through the Internet or
similar electronic means of communication;
provided the insured's responsibility to pay
damages is determined in a "suit" on the merits, in
the territory described in Paragraph a. above or in
a settlement we agree to.
5. "Employee" includes a "leased worker".
"Employee" does not include a "temporary
worker".
6. "Executive officer" means a person holding any of
the officer positions created by your charter,
constitution, bylaws or any other similar governing
document.
7. "Hostile fire" means one which becomes
uncontrollable or breaks out from where it was
intended to be.
8. "Impaired property" means tangible property, other
than "your product" or "your work", that cannot be
used or is less useful because:
a. It incorporates "your product" or "your work"
that is known or thought to be defective,
deficient, inadequate or dangerous; or
b. You have failed to fulfill the terms of a contract
or agreement;
if such property can be restored to use by the
repair, replacement, adjustment or removal of
"your product" or "your work" or your fulfilling the
terms of the contract or agreement.
9. "Insured contract" means:
a. A contract for a lease of premises. However,
that portion of the contract for a lease of
premises that indemnifies any person or
organization for damage by fire to premises
while rented to you or temporarily occupied by
you with permission of the owner is not an
"insured contract";
b. A sidetrack agreement;
c. Any easement or license agreement, except in
connection with construction or demolition
operations on or within 50 feet of a railroad;
d. An obligation, as required by ordinance, to
indemnify a municipality, except in connection
with work for a municipality;
e. An elevator maintenance agreement;
f. That part of any other contract or agreement
pertaining to your business (including an
indemnification of a municipality in connection
with work performed for a municipality) under
which you assume the tort liability of another
party to pay for "bodily injury" or "property
damage" to a third person or organization. Tort
liability means a liability that would be imposed
by law in the absence of any contract or
agreement.
Paragraph f. does not include that part of any
contract or agreement:
(1) That indemnifies a railroad for "bodily injury"
or "property damage" arising out of
construction or demolition operations, within
50 feet of any railroad property and
affecting any railroad bridge or trestle,
tracks, road- beds, tunnel, underpass or
crossing;
(2) That indemnifies an architect, engineer or
surveyor for injury or damage arising out of:
(a) Preparing, approving, or failing to
prepare or approve, maps, shop
drawings, opinions, reports, surveys,
field orders, change orders or drawings
and specifications; or
(b) Giving directions or instructions, or
failing to give them, if that is the primary
cause of the injury or damage; or
(3) Under which the insured, if an architect,
engineer or surveyor, assumes liability for
an injury or damage arising out of the
insured's rendering or failure to render
professional services, including those listed
in (2) above and supervisory, inspection,
architectural or engineering activities.
10. "Leased worker" means a person leased to you by
a labor leasing firm under an agreement between
you and the labor leasing firm, to perform duties
related to the conduct of your business. "Leased
worker" does not include a "temporary worker".
11. "Loading or unloading" means the handling of
property:
a. After it is moved from the place where it is
accepted for movement into or onto an aircraft,
watercraft or "auto";
b. While it is in or on an aircraft, watercraft or
"auto"; or
c. While it is being moved from an aircraft,
watercraft or "auto" to the place where it is
finally delivered;
but "loading or unloading" does not include the
movement of property by means of a mechanical
device, other than a hand truck, that is not
attached to the aircraft, watercraft or "auto".
12. "Mobile equipment" means any of the following
types of land vehicles, including any attached
machinery or equipment:
a. Bulldozers, farm machinery, forklifts and other
vehicles designed for use principally off public
roads;
b. Vehicles maintained for use solely on or next to
premises you own or rent;
c. Vehicles that travel on crawler treads;
d. Vehicles, whether self -propelled or not,
maintained primarily to provide mobility to
permanently mounted:
(1) Power cranes, shovels, loaders, diggers or
drills; or
(2) Road construction or resurfacing equipment
such as graders, scrapers or rollers;
e. Vehicles not described in Paragraph a., b., c.
or d. above that are not self -propelled and are
maintained primarily to provide mobility to
permanently attached equipment of the
following types:
(1) Air compressors, pumps and generators,
including spraying, welding, building
cleaning, geophysical exploration, lighting
and well servicing equipment; or
(2) Cherry pickers and similar devices used to
raise or lower workers;
f. Vehicles not described in Paragraph a., b., c.
or d. above maintained primarily for purposes
other than the transportation of persons or
cargo.
CG 00 01 04 13 © Insurance Services Office, Inc., 2012 Page 15 of 16 However, self -propelled vehicles with the
following types of permanently attached
equipment are not "mobile equipment" but will
be considered "autos":
(1) Equipment designed primarily for:
(a) Snow removal;
(b) Road maintenance, but not construction
or resurfacing; or
(c) Street cleaning;
(2) Cherry pickers and similar devices mounted
on automobile or truck chassis and used to
raise or lower workers; and
(3) Air compressors, pumps and generators,
including spraying, welding, building
cleaning, geophysical exploration, lighting
and well servicing equipment.
However, "mobile equipment" does not include
any land vehicles that are subject to a compulsory
or financial responsibility law or other motor
vehicle insurance law where it is licensed or
principally garaged. Land vehicles subject to a
compulsory or financial responsibility law or other
motor vehicle insurance law are considered
"autos".
13. "Occurrence" means an accident, including
continuous or repeated exposure to substantially
the same general harmful conditions.
14. "Personal and advertising injury" means injury,
including consequential "bodily injury", arising out
of one or more of the following offenses:
a. False arrest, detention or imprisonment;
b. Malicious prosecution;
c. The wrongful eviction from, wrongful entry into,
or invasion of the right of private occupancy of
a room, dwelling or premises that a person
occupies, committed by or on behalf of its
owner, landlord or lessor;
d. Oral or written publication, in any manner, of
material that slanders or libels a person or
organization or disparages a person's or
organization's goods, products or services;
e. Oral or written publication, in any manner, of
material that violates a person's right of
privacy;
f. The use of another's advertising idea in your
"advertisement"; or
g. Infringing upon another's copyright, trade dress
or slogan in your "advertisement".
15. "Pollutants" mean any solid, liquid, gaseous or
thermal irritant or contaminant, including smoke,
vapor, soot, fumes, acids, alkalis, chemicals and
waste. Waste includes materials to be recycled,
reconditioned or reclaimed.
16. "Products-completed operations hazard":
a. Includes all "bodily injury" and "property
damage" occurring away from premises you
own or rent and arising out of "your product" or
"your work" except:
(1) Products that are still in your physical
possession; or
(2) Work that has not yet been completed or
abandoned. However, "your work" will be
deemed completed at the earliest of the
following times:
(a) When all of the work called for in your
contract has been completed.
(b) When all of the work to be done at the
job site has been completed if your
contract calls for work at more than one
job site.
(c) When that part of the work done at a job
site has been put to its intended use by
any person or organization other than
another contractor or subcontractor
working on the same project.
Work that may need service, maintenance,
correction, repair or replacement, but which
is otherwise complete, will be treated as
completed.
b. Does not include "bodily injury" or "property
damage" arising out of:
(1) The transportation of property, unless the
injury or damage arises out of a condition in
or on a vehicle not owned or operated by
you, and that condition was created by the
"loading or unloading" of that vehicle by any
insured;
(2) The existence of tools, uninstalled
equipment or abandoned or unused
materials; or
(3) Products or operations for which the
classification, listed in the Declarations or in
a policy Schedule, states that products -
completed operations are subject to the
General Aggregate Limit.
17. "Property damage" means:
a. Physical injury to tangible property, including
all resulting loss of use of that property. All
such loss of use shall be deemed to occur at
the time of the physical injury that caused it; or
b. Loss of use of tangible property that is not
physically injured. All such loss of use shall be
deemed to occur at the time of the
"occurrence" that caused it.
For the purposes of this insurance, electronic data
is not tangible property.
As used in this definition, electronic data means
information, facts or programs stored as or on,
created or used on, or transmitted to or from
computer software, including systems and
applications software, hard or floppy disks, CD -
ROMs, tapes, drives, cells, data processing
devices or any other media which are used with
electronically controlled equipment.
18. "Suit" means a civil proceeding in which damages
because of "bodily injury", "property damage" or
"personal and advertising injury" to which this
insurance applies are alleged. "Suit" includes:
a. An arbitration proceeding in which such
damages are claimed and to which the insured
must submit or does submit with our consent;
or
b. Any other alternative dispute resolution
proceeding in which such damages are
claimed and to which the insured submits with
our consent.
19. "Temporary worker" means a person who is
furnished to you to substitute for a permanent
"employee" on leave or to meet seasonal or short -
term workload conditions.
20. "Volunteer worker" means a person who is not
your "employee", and who donates his or her work
and acts at the direction of and within the scope of
duties determined by you, and is not paid a fee,
salary or other compensation by you or anyone
else for their work performed for you.
21. "Your product":
a. Means:
(1) Any goods or products, other than real
property, manufactured, sold, handled,
distributed or disposed of by:
(a) You;
(b) Others trading under your name; or
(c) A person or organization whose
business or assets you have acquired;
and
(2) Containers (other than vehicles), materials,
parts or equipment furnished in connection
with such goods or products.
b. Includes:
(1) Warranties or representations made at any
time with respect to the fitness, quality,
durability, performance or use of "your
product"; and
(2) The providing of or failure to provide
warnings or instructions.
c. Does not include vending machines or other
property rented to or located for the use of
others but not sold.
22. "Your work":
a. Means:
(1) Work or operations performed by you or on
your behalf; and
(2) Materials, parts or equipment furnished in
connection with such work or operations.
b. Includes:
(1) Warranties or representations made at any
time with respect to the fitness, quality,
durability, performance or use of "your
work"; and
(2) The providing of or failure to provide
warnings or instructions.
COMMERCIAL GENERAL LIABILITY
CG 21 06 05 14
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CG 21 06 05 14 © Insurance Services Office, Inc., 2013 Page 1 of 1
EXCLUSION – ACCESS OR DISCLOSURE OF
CONFIDENTIAL OR PERSONAL INFORMATION AND
DATA-RELATED LIABILITY – WITH
LIMITED BODILY INJURY EXCEPTION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
A. Exclusion 2.p. of Section I – Coverage A –
Bodily Injury And Property Damage Liability is
replaced by the following:
2. Exclusions
This insurance does not apply to:
p. Access Or Disclosure Of Confidential Or
Personal Information And Data-related
Liability
Damages arising out of:
(1) Any access to or disclosure of any
person's or organization's confidential or
personal information, including patents,
trade secrets, processing methods,
customer lists, financial information,
credit card information, health
information or any other type of
nonpublic information; or
(2) The loss of, loss of use of, damage to,
corruption of, inability to access, or
inability to manipulate electronic data.
This exclusion applies even if damages are
claimed for notification costs, credit
monitoring expenses, forensic expenses,
public relations expenses or any other loss,
cost or expense incurred by you or others
arising out of that which is described in
Paragraph (1) or (2) above.
However, unless Paragraph (1) above
applies, this exclusion does not apply to
damages because of "bodily injury".
As used in this exclusion, electronic data
means information, facts or programs
stored as or on, created or used on, or
transmitted to or from computer software,
including systems and applications
software, hard or floppy disks, CD -ROMs,
tapes, drives, cells, data processing
devices or any other media which are used
with electronically controlled equipment.
B. The following is added to Paragraph 2.
Exclusions of Section I – Coverage B –
Personal And Advertising Injury Liability:
2. Exclusions
This insurance does not apply to:
Access Or Disclosure Of Confidential Or
Personal Information
"Personal and advertising injury" arising out of
any access to or disclosure of any person's or
organization's confidential or personal
information, including patents, trade secrets,
processing methods, customer lists, financial
information, credit card information, health
information or any other type of nonpublic
information.
This exclusion applies even if damages are
claimed for notification costs, credit monitoring
expenses, forensic expenses, public relations
expenses or any other loss, cost or expense
incurred by you or others arising out of any
access to or disclosure of any person's or
organization's confidential or personal
information.
COMMERCIAL GENERAL LIABILITY
CG 21 09 06 15
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CG 21 09 06 15 © Insurance Services Office, Inc., 2014 Page 1 of 2
EXCLUSION – UNMANNED AIRCRAFT
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
A. Exclusion 2.g. Aircraft, Auto Or Watercraft under
Section I – Coverage A – Bodily Injury And
Property Damage Liability is replaced by the
following:
2. Exclusions
This insurance does not apply to:
g. Aircraft, Auto Or Watercraft
(1) Unmanned Aircraft
"Bodily injury" or "property damage"
arising out of the ownership,
maintenance, use or entrustment to
others of any aircraft that is an
"unmanned aircraft". Use includes
operation and "loading or unloading".
This Paragraph g.(1) applies even if the
claims against any insured allege
negligence or other wrongdoing in the
supervision, hiring, employment, training
or monitoring of others by that insured, if
the "occurrence" which caused the
"bodily injury" or "property damage"
involved the ownership, maintenance,
use or entrustment to others of any
aircraft that is an "unmanned aircraft".
(2) Aircraft (Other Than Unmanned
Aircraft), Auto Or Watercraft
"Bodily injury" or "property damage"
arising out of the ownership,
maintenance, use or entrustment to
others of any aircraft (other than
"unmanned aircraft"), "auto" or
watercraft owned or operated by or
rented or loaned to any insured. Use
includes operation and "loading or
unloading".
This Paragraph g.(2) applies even if the
claims against any insured allege
negligence or other wrongdoing in the
supervision, hiring, employment, training
or monitoring of others by that insured, if
the "occurrence" which caused the
"bodily injury" or "property damage"
involved the ownership, maintenance,
use or entrustment to others of any
aircraft (other than "unmanned aircraft"),
"auto" or watercraft that is owned or
operated by or rented or loaned to any
insured.
This Paragraph g.(2) does not apply to:
(a) A watercraft while ashore on
premises you own or rent;
(b) A watercraft you do not own that is:
(i) Less than 26 feet long; and
(ii) Not being used to carry persons
or property for a charge;
(c) Parking an "auto" on, or on the ways
next to, premises you own or rent,
provided the "auto" is not owned by
or rented or loaned to you or the
insured;
(d) Liability assumed under any "insured
contract" for the ownership,
maintenance or use of aircraft or
watercraft; or
(e) "Bodily injury" or "property damage"
arising out of:
(i) The operation of machinery or
equipment that is attached to, or
part of, a land vehicle that would
qualify under the definition of
"mobile equipment" if it were not
subject to a compulsory or
financial responsibility law or
other motor vehicle insurance law
where it is licensed or principally
garaged; or
(ii) The operation of any of the
machinery or equipment listed in
Paragraph f.(2) or f.(3) of the
definition of "mobile equipment".
B. The following exclusion is added to Paragraph 2.
Exclusions of Coverage B – Personal And
Advertising Injury Liability:
2. Exclusions
This insurance does not apply to:
Unmanned Aircraft
"Personal and advertising injury" arising out of
the ownership, maintenance, use or
entrustment to others of any aircraft that is an
"unmanned aircraft". Use includes operation
and "loading or unloading".
This exclusion applies even if the claims
against any insured allege negligence or other
wrongdoing in the supervision, hiring,
employment, training or monitoring of others by
that insured, if the offense which caused the
"personal and advertising injury" involved the
ownership, maintenance, use or entrustment to
others of any aircraft that is an "unmanned
aircraft".
This exclusion does not apply to:
a. The use of another's advertising idea in
your "advertisement"; or
b. Infringing upon another's copyright, trade
dress or slogan in your "advertisement".
C. The following definition is added to the Definitions section:
"Unmanned aircraft" means an aircraft that is not:
1. Designed;
2. Manufactured; or
3. Modified after manufacture;
to be controlled directly by a person from within or
on the aircraft.
CG 21 32 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 1
COMMERCIAL GENERAL LIABILITY
CG 21 32 05 09
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
COMMUNICABLE DISEASE EXCLUSION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
A. The following exclusion is added to Paragraph 2.
Exclusions of Section I – Coverage A – Bodily
Injury And Property Damage Liability:
2. Exclusions
This insurance does not apply to:
Communicable Disease
"Bodily injury" or "property damage" arising out
of the actual or alleged transmission of a com-
municable disease.
This exclusion applies even if the claims
against any insured allege negligence or other
wrongdoing in the:
a. Supervising, hiring, employing, training or
monitoring of others that may be infected
with and spread a communicable disease;
b. Testing for a communicable disease;
c. Failure to prevent the spread of the dis -
ease; or
d. Failure to report the disease to authorities.
B. The following exclusion is added to Paragraph 2 .
Exclusions of Section I – Coverage B – Per-
sonal And Advertising Injury Liability:
2. Exclusions
This insurance does not apply to:
Communicable Disease
"Personal and advertising injury" arising out of
the actual or alleged transmission of a commu-
nicable disease.
This exclusion applies even if the claims
against any insured allege negligence or other
wrongdoing in the:
a. Supervising, hiring, employing, training or
monitoring of others that may be infected
with and spread a communicable disease;
b. Testing for a communicable disease;
c. Failure to prevent the spread of the dis -
ease; or
d. Failure to report the disease to authorities.
POLICY NUMBER: NXT7CJ779W-00-GL COMMERCIAL GENERAL LIABILITY CG 21 33 11 85 Copyright, Insurance Services Office, Inc., 1984 Page 1 of 1
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
EXCLUSION – DESIGNATED PRODUCTS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
Designated Product(s):
SCHEDULE
SEE ATTACHED SCHEDULE
(If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.)
This insurance does not apply to "bodily injury" or "property damage" included in the "products -completed opera- tions hazard" and arising out of any of "your products" shown in the Schedule.
POLICY NUMBER: NXT7CJ779W-00-GL COMMERCIAL GENERAL LIABILITY
SCHEDULE OF DESIGNATED PRODUCTS
Any products, tools, supplies, or accessories manufactured by you POLICY NUMBER:NXT7CJ779W-00-GL COMMERCIAL GENERAL LIABILITY CG 21 44 04 17 © Insurance Services Office, Inc., 2016 Page 1 of 3
CG 21 44 04 17
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
LIMITATION OF COVERAGE TO DESIGNATED
PREMISES, PROJECT OR OPERATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Premises:
Project Or Operation:
SEE ATTACHED SCHEDULE
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
A. If this endorsement is attached to Commercial
General Liability Coverage Form CG 00 01, the
provisions under this Paragraph A. apply:
1. Paragraph 1.b. under Section I – Coverage A
– Bodily Injury And Property Damage
Liability is replaced by the following:
b. This insurance applies to "bodily injury" and
"property damage" caused by an
"occurrence" that takes place in the
"coverage territory" only if:
(1) The "bodily injury" or "property damage":
(a) Occurs on the premises shown in the
Schedule or the grounds and
structures appurtenant to those
premises; or
(b) Arises out of the project or operation
shown in the Schedule;
(2) The "bodily injury" or "property damage"
occurs during the policy period; and
(3) Prior to the policy period, no insured
listed under Paragraph 1. of Section II –
Who Is An Insured and no "employee"
authorized by you to give or receive
notice of an "occurrence" or claim, knew
that the "bodily injury" or "property
damage" had occurred, in whole or in
part. If such a listed insured or
authorized "employee" knew, prior to the
policy period, that the "bodily injury" or
"property damage" occurred, then any
continuation, change or resumption of
such "bodily injury" or "property
damage" during or after the policy
period will be deemed to have been
known prior to the policy period.
2. Paragraph 1.b. under Section I – Coverage B
– Personal And Advertising Injury Liability
is replaced by the following:
b. This insurance applies to "personal and
advertising injury" caused by an offense
committed in the "coverage territory" but
only if:
(1) The offense arises out of your business:
(a) Performed on the premises shown in
the Schedule; or
(b) In connection with the project or
operation shown in the Schedule;
and
(2) The offense was committed during the
policy period.
However, with respect to Paragraph
1.b.(1)(a) of this Insuring Agreement, if the
"personal and advertising injury" is caused
by:
(1) False arrest, detention or imprisonment;
or
(2) The wrongful eviction from, wrongful
entry into, or invasion of the right of
private occupancy of a room, dwelling or
premises that a person occupies,
committed by or on behalf of its owner,
landlord or lessor;
then such offense must arise out of your
business performed on the premises shown
in the Schedule and the offense must have
been committed on the premises shown in
the Schedule or the grounds and structures
appurtenant to those premises.
3. Paragraph 1.a. under Section I – Coverage C
– Medical Payments is replaced by the
following:
a. We will pay medical expenses as described
below for "bodily injury" caused by an
accident that takes place in the "coverage
territory" if the "bodily injury":
(1) Occurs on the premises shown in the
Schedule or the grounds and structures
appurtenant to those premises; or
(2) Arises out of the project or operation
shown in the Schedule;
provided that:
(a) The accident takes place during the
policy period;
(b) The expenses are incurred and
reported to us within one year of the
date of the accident; and
(c) The injured person submits to
examination, at our expense, by
physicians of our choice as often as
we reasonably require.
B. If this endorsement is attached to Commercial
General Liability Coverage Form CG 00 02, the
provisions under this Paragraph B. apply:
1. Paragraph 1.b. under Section I – Coverage A
– Bodily Injury And Property Damage
Liability is replaced by the following:
b. This insurance applies to "bodily injury" and
"property damage" caused by an
"occurrence" that takes place in the
"coverage territory" only if:
(1) The "bodily injury" or "property damage":
(a) Occurs on the premises shown in the
Schedule or the grounds and
structures appurtenant to those
premises; or
(b) Arises out of the project or operation
shown in the Schedule;
(2) The "bodily injury" or "property damage"
did not occur before the Retroactive
Date, if any, shown in the Declarations
or after the end of the policy period; and
(3) A claim for damages because of the
"bodily injury" or "property damage" is
first made against any insured, in
accordance with Paragraph 1.c. of this
Insuring Agreement, during the policy
period or any Extended Reporting
Period we provide under Section V –
Extended Reporting Periods.
2. Paragraph 1.b. under Section I – Coverage B
– Personal And Advertising Injury Liability
is replaced by the following:
b. This insurance applies to "personal and
advertising injury" caused by an offense
committed in the "coverage territory" but
only if:
(1) The offense arises out of your business:
(a) Performed on the premises shown in
the Schedule; or
(b) In connection with the project or
operation shown in the Schedule;
(2) The offense was not committed before
the Retroactive Date, if any, shown in
the Declarations or after the end of the
policy period; and
CG 21 44 04 17 © Insurance Services Office, Inc., 2016 Page 3 of 3
(3) A claim for damages because of the
"personal and advertising injury" is first
made against any insured, in
accordance with Paragraph 1.c. of this
Insuring Agreement, during the policy
period or any Extended Reporting
Period we provide under Section V –
Extended Reporting Periods.
However, with respect to Paragraph
1.b.(1)(a) of this Insuring Agreement, if the
"personal and advertising injury" is caused
by:
(1) False arrest, detention or imprisonment;
or
(2) The wrongful eviction from, wrongful
entry into, or invasion of the right of
private occupancy of a room, dwelling or
premises that a person occupies,
committed by or on behalf of its owner,
landlord or lessor;
then such offense must arise out of your
business performed on the premises shown
in the Schedule and the offense must have
been committed on the premises shown in
the Schedule or the grounds and structures
appurtenant to those premises.
3. Paragraph 1.a. under Section I – Coverage C
– Medical Payments is replaced by the
following:
a. We will pay medical expenses as described
below for "bodily injury" caused by an
accident that takes place in the "coverage
territory" if the "bodily injury":
(1) Occurs on the premises shown in the
Schedule or the grounds and structures
appurtenant to those premises; or
(2) Arises out of the project or operation
shown in the Schedule;
provided that:
(a) The accident takes place during the
policy period;
(b) The expenses are incurred and
reported to us within one year of the
date of the accident; and
(c) The injured person submits to
examination, at our expense, by
physicians of our choice as often as
we reasonably require.
POLICY NUMBER: NXT7CJ779W-00-GL COMMERCIAL GENERAL LIABILITY
SCHEDULE OF PROJECT OR OPERATION
Activities related to providing or operating as a(n) salesperson
COMMERCIAL GENERAL LIABILITY
CG 21 47 12 07
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CG 21 47 12 07 © ISO Properties, Inc., 2006 Page 1 of 1
EMPLOYMENT-RELATED PRACTICES EXCLUSION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
A. The following exclusion is added to Paragraph 2.,
Exclusions of Section I – Coverage A – Bodily
Injury And Property Damage Liability:
This insurance does not apply to:
"Bodily injury" to:
(1) A person arising out of any:
(a) Refusal to employ that person;
(b) Termination of that person's employment;
or
(c) Employment-related practices, policies,
acts or omissions, such as coercion, demo-
tion, evaluation, reassignment, discipline,
defamation, harassment, humiliation, dis -
crimination or malicious prosecution di -
rected at that person; or
(2) The spouse, child, parent, brother or sister of
that person as a consequence of "bodily injury"
to that person at whom any of the employment-
related practices described in Paragraphs (a),
(b), or (c) above is directed.
This exclusion applies:
(1) Whether the injury -causing event described in
Paragraphs (a), (b) or (c) above occurs before
employment, during employment or after em-
ployment of that person;
(2) Whether the insured may be liable as an em-
ployer or in any other capacity; and
(3) To any obligation to share damages with or
repay someone else who must pay damages
because of the injury.
B. The following exclusion is added to Paragraph 2.,
Exclusions of Section I – Coverage B – Per-
sonal And Advertising Injury Liability:
This insurance does not apply to:
"Personal and advertising injury" to:
(1) A person arising out of any:
(a) Refusal to employ that person;
(b) Termination of that person's employment;
or
(c) Employment-related practices, policies,
acts or omissions, such as coercion, demo-
tion, evaluation, reassignment, discipline,
defamation, harassment, humiliation, dis -
crimination or malicious prosecution di -
rected at that person; or
(2) The spouse, child, parent, brother or sister of
that person as a consequence of "personal and
advertising injury" to that person at whom any
of the employment -related practices described
in Paragraphs (a), (b), or (c) above is directed.
This exclusion applies:
(1) Whether the injury -causing event described in
Paragraphs (a), (b) or (c) above occurs before
employment, during employment or after em-
ployment of that person;
(2) Whether the insured may be liable as an em-
ployer or in any other capacity; and
(3) To any obligation to share damages with or
repay someone else who must pay damages
because of the injury.
COMMERCIAL GENERAL LIABILITY
CG 21 49 09 99
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CG 21 49 09 99 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 1
TOTAL POLLUTION EXCLUSION ENDORSEMENT
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
Exclusion f. under Paragraph 2., Exclusions of
Section I – Coverage A – Bodily Injury And Prop -
erty Damage Liability is replaced by the following:
This insurance does not apply to:
f. Pollution
(1) "Bodily injury" or "property damage" which
would not have occurred in whole or part but
for the actual, alleged or threatened discharge,
dispersal, seepage, migration, release or es -
cape of "pollutants" at any time.
(2) Any loss, cost or expense arising out of any:
(a) Request, demand, order or statutory or
regulatory requirement that any insured or
others test for, monitor, clean up, remove,
contain, treat, detoxify or neutralize, or in
any way respond to, or assess the effects
of "pollutants"; or
(b) Claim or suit by or on behalf of a govern-
mental authority for damages because of
testing for, monitoring, cleaning up, remov -
ing, containing, treating, detoxifying or
neutralizing, or in any way responding to, or
assessing the effects of, "pollutants".
COMMERCIAL GENERAL LIABILITY
CG 21 50 04 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CG 21 50 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1
AMENDMENT OF LIQUOR LIABILITY EXCLUSION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
The following replaces Exclusion c. under Paragraph
2. Exclusions of Section I – Coverage A – Bodily
Injury And Property Damage Liability:
2. Exclusions
This insurance does not apply to:
c. Liquor Liability
"Bodily injury" or "property damage" for which
any insured may be held liable by reason of:
(1) Causing or contributing to the intoxication of
any person, including causing or
contributing to the intoxication of any
person because alcoholic beverages were
permitted to be brought on your premises,
for consumption on your premises;
(2) The furnishing of alcoholic beverages to a
person under the legal drinking age or
under the influence of alcohol; or
(3) Any statute, ordinance or regulation relating
to the sale, gift, distribution or use of
alcoholic beverages.
This exclusion applies even if the claims
against any insured allege negligence or other
wrongdoing in:
(a) The supervision, hiring, employment,
training or monitoring of others by that
insured; or
(b) Providing or failing to provide
transportation with respect to any
person that may be under the influence
of alcohol;
if the "occurrence" which caused the "bodily
injury" or "property damage", involved that
which is described in Paragraph (1), (2) or (3)
above.
This exclusion applies only if you:
(1) Manufacture, sell or distribute alcoholic
beverages;
(2) Serve or furnish alcoholic beverages for a
charge whether or not such activity:
(a) Requires a license;
(b) Is for the purpose of financial gain or
livelihood;
(3) Serve or furnish alcoholic beverages
without a charge, if a license is required for
such activity; or
(4) Permit any person to bring any alcoholic
beverages on your premises, for
consumption on your premises.
COMMERCIAL GENERAL LIABILITY
CG 21 67 12 04
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CG 21 67 12 04 © ISO Properties, Inc., 2003 Page 1 of 1
FUNGI OR BACTERIA EXCLUSION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
A. The following exclusion is added to Paragraph 2.
Exclusions of Section I - Coverage A - Bodily
Injury And Property Damage Liability:
2. Exclusions
This insurance does not apply to:
Fungi Or Bacteria
a. "Bodily injury" or "property damage" which
would not have occurred, in whole or in part,
but for the actual, alleged or threatened in-
halation of, ingestion of, contact with, expo-
sure to, existence of, or presence of, any
"fungi" or bacteria on or within a building or
structure, including its contents, regardless
of whether any other cause, event, material
or product contributed concurrently or in any
sequence to such injury or damage.
b. Any loss, cost or expenses arising out of the
abating, testing for, monitoring, cleaning up,
removing, containing, treating, detoxifying,
neutralizing, remediating or disposing of, or
in any way responding to, or assessing the
effects of, "fungi" or bacteria, by any insured
or by any other person or entity.
This exclusion does not apply to any "fungi" or
bacteria that are, are on, or are contained in, a
good or product intended for bodily consump-
tion.
B. The following exclusion is added to Paragraph 2.
Exclusions of Section I - Coverage B - Per-
sonal And Advertising Injury Liability:
2. Exclusions
This insurance does not apply to:
Fungi Or Bacteria
a. "Personal and advertising injury" which
would not have taken place, in whole or in
part, but for the actual, alleged or threat-
ened inhalation of, ingestion of, contact
with, exposure to, existence of, or presence
of any "fungi" or bacteria on or within a
building or structure, including its contents,
regardless of whether any other cause,
event, material or product contributed con-
currently or in any sequence to such injury.
b. Any loss, cost or expense arising out of the
abating, testing for, monitoring, cleaning up,
removing, containing, treating, detoxifying,
neutralizing, remediating or disposing of, or
in any way responding to, or assessing the
effects of, "fungi" or bacteria, by any insured
or by any other person or entity.
C. The following definition is added to the Definitions Section:
"Fungi" means any type or form of fungus, includ-
ing mold or mildew and any mycotoxins, spores,
scents or byproducts produced or released by
fungi.
COMMERCIAL GENERAL LIABILITY
CG 21 73 01 15
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CG 21 73 01 15 © Insurance Services Office, Inc., 2014 Page 1 of 1
EXCLUSION OF CERTIFIED ACTS OF TERRORISM
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
LIQUOR LIABILITY COVERAGE PART
OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART
POLLUTION LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
RAILROAD PROTECTIVE LIABILITY COVERAGE PART
UNDERGROUND STORAGE TANK POLICY
A. The following exclusion is added:
This insurance does not apply to:
TERRORISM
"Any injury or damage" arising, directly or
indirectly, out of a "certified act of terrorism".
B. The following definitions are added:
1. For the purposes of this endorsement, "any
injury or damage" means any injury or damage
covered under any Coverage Part to which this
endorsement is applicable, and includes but is
not limited to "bodily injury", "property
damage", "personal and advertising injury",
"injury" or "environmental damage" as may be
defined in any applicable Coverage Part.
2. "Certified act of terrorism" means an act that is
certified by the Secretary of the Treasury, in
accordance with the provisions of the federal
Terrorism Risk Insurance Act, to be an act of
terrorism pursuant to such Act. The criteria
contained in the Terrorism Risk Insurance Act
for a "certified act of terrorism" include the
following:
a. The act resulted in insured losses in excess
of $5 million in the aggregate, attributable to
all types of insurance subject to the
Terrorism Risk Insurance Act; and
b. The act is a violent act or an act that is
dangerous to human life, property or
infrastructure and is committed by an
individual or individuals as part of an effort
to coerce the civilian population of the
United States or to influence the policy or
affect the conduct of the United States
Government by coercion.
C. The terms and limitations of any terrorism
exclusion, or the inapplicability or omission of a
terrorism exclusion, do not serve to create
coverage for injury or damage that is otherwise
excluded under this Coverage Part.
COMMERCIAL GENERAL LIABILITY
CG 21 86 12 04
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CG 21 86 12 04 © ISO Properties, Inc., 2003 Page 1 of 1
EXCLUSION - EXTERIOR INSULATION
AND FINISH SYSTEMS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
A. This insurance does not apply to "bodily injury",
"property damage" or "personal and advertising in-
jury" arising out of, caused by, or attributable to,
whether in whole or in part, the following:
1. The design, manufacture, construction, fabrica-
tion, preparation, distribution and sale, installa-
tion, application, maintenance or repair, includ-
ing remodeling, service, correction or
replacement, of any "exterior insulation and fin-
ish system" or any part thereof, or any substan-
tially similar system or any part thereof, includ-
ing the application or use of conditioners,
primers, accessories, flashings, coatings,
caulking or sealants in connection with such a
system; or
2. "Your product" or "your work" with respect to
any exterior component, fixture or feature of
any structure if an "exterior insulation and finish
system", or any substantially similar system, is
used on the part of that structure containing
that component, fixture or feature.
B. The following definition is added to the Definitions Section:
"Exterior insulation and finish system" means a
non-load bearing exterior cladding or finish sys-
tem, and all component parts therein, used on any
part of any structure, and consisting of:
1. A rigid or semi-rigid insulation board made of
expanded polystyrene and other materials;
2. The adhesive and/or mechanical fasteners
used to attach the insulation board to the sub-
strate;
3. A reinforced or unreinforced base coat;
4. A finish coat providing surface texture to which
color may be added; and
5. Any flashing, caulking or sealant used with the
system for any purpose.
COMMERCIAL GENERAL LIABILITY
CG 21 96 03 05
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CG 21 96 03 05 © ISO Properties, Inc., 2004 Page 1 of 1
SILICA OR SILICA-RELATED DUST EXCLUSION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
A. The following exclusion is added to Paragraph 2.,
Exclusions of Section I - Coverage A - Bodily
Injury And Property Damage Liability:
2. Exclusions
This insurance does not apply to:
Silica Or Silica-Related Dust
a. "Bodily injury" arising, in whole or in part, out
of the actual, alleged, threatened or sus-
pected inhalation of, or ingestion of, "silica"
or "silica-related dust".
b. "Property damage" arising, in whole or in
part, out of the actual, alleged, threatened
or suspected contact with, exposure to, ex-
istence of, or presence of, "silica" or "silica-
related dust".
c. Any loss, cost or expense arising, in whole
or in part, out of the abating, testing for,
monitoring, cleaning up, removing, contain-
ing, treating, detoxifying, neutralizing, reme-
diating or disposing of, or in any way re-
sponding to or assessing the effects of,
"silica" or "silica-related dust", by any in-
sured or by any other person or entity.
B. The following exclusion is added to Paragraph 2.,
Exclusions of Section I - Coverage B - Per-
sonal And Advertising Injury Liability:
2. Exclusions
This insurance does not apply to:
Silica Or Silica-Related Dust
a. "Personal and advertising injury" arising, in
whole or in part, out of the actual, alleged,
threatened or suspected inhalation of, in-
gestion of, contact with, exposure to, exis-
tence of, or presence of, "silica" or "silica-
related dust".
b. Any loss, cost or expense arising, in whole
or in part, out of the abating, testing for,
monitoring, cleaning up, removing, contain-
ing, treating, detoxifying, neutralizing, reme-
diating or disposing of, or in any way re-
sponding to or assessing the effects of,
"silica" or "silica-related dust", by any in-
sured or by any other person or entity.
C. The following definitions are added to the Defini-
tions Section:
1. "Silica" means silicon dioxide (occurring in
crystalline, amorphous and impure forms), sil-
ica particles, silica dust or silica compounds.
2. "Silica-related dust" means a mixture or combi-
nation of silica and other dust or particles.
COMMERCIAL GENERAL LIABILITY
CG 22 94 10 01
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
EXCLUSION – DAMAGE TO WORK PERFORMED BY
SUBCONTRACTORS ON YOUR BEHALF
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
Exclusion l. of Section I – Coverage A – Bodily Injury And Property Damage Liability is replaced by the fol- lowing:
2. Exclusions
This insurance does not apply to:
l. Damage To Your Work
"Property damage" to "your work" arising out of it or any part of it and included in the "products -completed operations hazard".
COMMERCIAL GENERAL LIABILITY
NXT-0076 BM GL 0218 Includes material copyrighted by Insurance Services Office, Inc. used withits permission
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
EXCLUSION – CONTINUOUS OR PROGRESSIVE INJURY AND DAMAGE This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SECTION I - COVERAGE A – BODILY INJURY AND PROPERTY DAMAGE LIABILITY, section 1.
Insuring Agreement, paragraph b.(3), paragraph c., and paragraph d., (1), (2), (3) are replaced by the following:
c. This insurance does not apply to any damages because of or related to “bodily injury”, “property damage”, or “personal and advertising injury”:
(1) which first existed, or alleged to have first existed, prior to the inception of continuous coverage written with us; or
(2) which are,or are alleged to be,in the process of taking place prior to the inception of continuous coverage written with us, even if the actual or alleged “bodily injury”, “property damage”, or “personal and advertising injury” continues during this policy period; or
(3) which were caused, or are alleged to have been caused, by the same condition which resulted in “bodily injury”, “property damage”, or “personal and advertising injury” which first existed prior to the inception of continuous coverage written with us.
We shall have no duty to defend any insured against any loss, claim, “suit”, or other proceeding alleging damages arising out of or related to “bodily injury”, “property damage” or “personal and advertising injury” to which this endorsement applies.
All other terms and conditions of the policy remain unchanged.
COMMERCIAL GENERAL LIABILITY
NXT-0077 BM GL 0218 Includes material copyrighted by Insurance Services Office, Inc. used withits permission
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
EXCLUSION – CROSS SUITS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
The following is added to SECTION I - COVERAGES, Coverage A Bodily Injury and Property Damages Liability, paragraph 2. Exclusions and to SECTION I – COVERAGES, COVERAGE B - PERSONAL AND ADVERTISING INJURY LIABILITY, paragraph 2. Exclusions
“Bodily injury”, “property damage” or “personal and advertising injury” arising from claims or “suits” brought by any named insured against any other named insured.
All other terms and conditions of the policy remain unchanged.
COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
EXCLUSION – BODILY INJURY TO EMPLOYEES
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
The following replaces SECTION I – COVERAGES, Coverage A Bodily Injury and Property Damages Liability paragraph 2. Exclusions, exclusion e. Employer’s liability
e. Employer’s Liability
“Bodily Injury” to:
(1) An “employee” of any insured arising out of and in the course of:
a. Employment by any insured; or
b. Performing duties related to the conduct of an insured’s business; or
(2) The spouse, child, parent, brother or sister of that “employee” as a consequence of paragraph (1) above.
This exclusion applies whether the insured may be liable as an employer or in any other capacity and to any obligation to share damages with or repay someone else who must pay damages because of the injury.
All other terms and conditions of the polic y remain unchanged.
NXT-0078 BM GL 0218 Includes material copyrighted by Insurance Services Office, Inc. used withits permission
COMMERCIAL GENERAL LIABILITY
NXT-0080 BM GL 0218 Includes material copyrighted by Insurance Services Office, Inc. used withits permission
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
EXCLUSION – ASBESTOS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
The following is added to SECTION I - COVERAGES, Coverage A Bodily Injury and Property Damages Liability, paragraph 2. Exclusions and to SECTION I – COVERAGES, COVERAGE B - PERSONAL AND ADVERTISING INJURY LIABILITY, paragraph 2. Exclusions
“Bodily injury”, “property damage” or “personal and advertising injury” arising out of the actual, alleged, suspected or threatened ingestion of, inhalation of, contact with, exposure to, existence of, or presence of “asbestos”.
As used in this exclusion, “Asbestos” means the material in any form.
All other terms and conditions of the policy remain unchanged.
COMMERCIAL GENERAL LIABILITY
NXT-0081 BM GL 0218 Includes material copyrighted by Insurance Services Office, Inc. used with its permission
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
EXCLUSION – PRIOR DAMAGES
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
A. The following exclusion is added to SECTION I – COVERAGES, Coverage A Bodily Injury and Property Damages Liability, paragraph 2. Exclusions and to SECTION I – COVERAGES, Coverage B Personal and Advertising Injury Liability, paragraph 2. Exclusions and to SECTION I – COVERAGES, Coverage C Medical Payment, paragraph 2. Exclusions
This insurance does not apply to:
Prior Damages
“Bodily injury”, “property damage”, “personal and advertising injury” and medical payments arising out of any damage, defect, deficiency, inadequacy or dangerous condition which existed prior to the inception of the policy period shown in the Declarations of this Policy, whether visible or invisible, detected or undetected, known or unknown, to any Insured before such inception date. This exclusion shall apply whether or not the Insured’s legal obligation to pay damages in respect of such damage, defect, deficiency, inadequacy or dangerous condition was established before the inception date of this policy.
This exclusion shall be applicable to all damage(s), defect(s), deficiency(ies), inadequacy(ies) or dangerous condition(s) including, but not limited to, damage, defect, deficiency, inadequacy, or dangerous condition.
“Bodily injury”, “property damage”, “personal and advertising injury” and medical payments arising out of any damage, defect, deficiency, inadequacy or dangerous condition shall be deemed to have existed as of the earliest date by which any damage occurred, irrespective of whether the Insured was aware of the existence of any such damage, and irrespective of whether such damage may have been continuous or progressive or may have been due to repeated exposure to substantially the same harmful conditions or may have become progressively worse during the period of this Policy.
B. For purposes of this endorsement only, Insured shall include any Named Insured or Insured as defined by this Policy, their officers, directors, partners, project managers, risk managers or any person acting in similar capacities.
All other terms and conditions of the policy remain unchanged.
COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
EXCLUSION – PROFESSIONAL SERVICES LIABILITY
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
A. The following is added to SECTION I – COVERAGES, COVERAGE A – BODILY INJURY AND PROPERTY DAMAGE LIABILITY, paragraph 2. Exclusions and COVERAGE B – PERSONAL AND ADVERTISING INJURY LIABILITY, paragraph 2. Exclusions:
(1) Injuries, damages, claims, "suits", actions or proceedings arising out of any ''wrongful act " committed by the insured, or by any person for whom the insured is legally liable, and arising out of the rendering or failure to render "professional services" in the conduct of the insured's business; or
(2) Any costs resulting directly from any ''wrongful act" committed by the insured, or by any person for whom the insured is legally liable, and arising out of the rendering or failure to render "professional services" in the conduct of the insured's business.
B. Solely with respect to this endorsement, the following are added to SECTION V – DEFINITIONS:
“Professional services" means services includi ng, but not limited to, consulting , offering advice or making recommendations while in the conduct of the insured's business. "Wrongful act" means any alleged act , error or omission, committed solely in the performance of “professional services”.
All other terms and conditions of the policy remain unchanged.
NXT-0086 BM GL 0218 Includes material copyrighted by Insurance Services Office, Inc. used with its permission
COMMERCIAL GENERAL LIABILITY
NXT-0115 BM GL 0218 Includes material copyrighted by Insurance Services Office, Inc. used with its permission
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BLANKET ADDITIONAL INSURED
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
A. SECTION II - WHO IS AN INSURED is amended to include the following as insureds:
1. Lessor of Leased Equipment
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 be added as an additional insured on your policy. Such person or organization is an insured 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.
No such person or organization is an insured under this section:
a. Upon expiration or termination of their contract or agreement with you for such leased equipment ends;
b. For any “bodily injury” or “property damage” caused by an "occurrence" which takes place after expiration or termination of their contract or agreement with you; or c. For any “personal and advertising injury” caused by an "offense" which takes place after expiration or termination of their contract or agreement with you.
2. Managers or Lessors of Premises
Any person or organization from whom you lease premises 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 insured only with respect to liability arising out of your ownership, maintenance or use of that part of the premises leased to you.
No such person or organization is an insured under this section for any:
a. For “bodily injury” or “property damage” caused by an "occurrence" which takes place after you cease to be a tenant in that premises.
b. Structural alterations, new construction or demolition operations performed by or on behalf of such person or organization.
3. Grantor of Franchise
Any person or organization (referred to below as grantor of a franchise) with whom 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, but only with respect to "bodily injury" or "property damage" arising out of " liability as grantor of a franchise to you B. With respect to the insurance afforded to these additional insureds, the following is added to SECTION III LIMITS OF INSURANCE:
If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance:
1. Required by the contract or agreement; or
2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less.
This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations.
COMMERCIAL GENERAL LIABILITY
NXT-0115 BM GL 0218 Includes material copyrighted by Insurance Services Office, Inc. used with its permission
C. With respect to the provisions of this endorsement, the following is added to SECTION IV – COMMERCIAL GENERAL LIABILITY CONDITIONS, paragraph 4. Other Insurance:
Regardless of whether other insurance is available to an additional insured on a primary basis, this insurance will be primary and noncontributory if a written contract between you and the additional insured specifically requires that this insurance be primary.
All other terms and conditions of the policy remain unchanged.
COMMERCIAL GENERAL LIABILITY
NXT-0116 BM GL 0218 Includes material copyrighted by Insurance Services Office, Inc. used with its permission
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
EXCLUSION – SEXUALLY TRANSMITTED DISEASES
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
The following is added to SECTION I – COVERAGES, COVERAGE A – BODILY INJURY AND PROPERTY DAMAGE LIABILITY, paragraph 2. Exclusions, and to SECTION I – COVERAGES, COVERAGE B – PERSONAL AND ADVERTISING INJURY LIABILITY, paragraph 2. Exclusions:
This insurance does not apply to:
Sexually Transmitted Disease
Any claim, "suit", or cause of action arising from instances, "occurrences" or allegations involving sexually transmitted diseases, including Acquired Immune Deficiency Syndrome (AIDS).
This exclusion applies even if the claim, “suit” or cause of action against the insured alleges negligence or other wrongdoing in the:
(1) Supervising, hiring, employing, training or monitoring of others that may be infected with and spread a sexually transmitted disease;
(2) Testing for a sexually transmitted disease;
(3) Failure to prevent the spread of the sexually transmitted disease; or (4) Failure to report the sexually transmitted disease to the proper authorities.
All other terms and conditions of the policy remain unchanged.
COMMERCIAL GENERAL LIABILITY
permission
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ABUSE OR MOLESTATION EXCLUSION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
The following exclusion is added to SECTION I – COVERAGES, COVERAGE A – BODILY INJURY AND PROPERTY DAMAGE LIABILITY , paragraph 2. Exclusions and to SECTION I – COVERAGES, COVERAGE B – PERSONAL AND ADVERTISING INJURY LIABILITY, paragraph 2. Exclusions:
Sexual Abuse or Molestation
Any liability arising out of:
(1) The actual, threatened or alleged:
(a) Sexual abuse;
(b) Sexual molestation;
(c) Sexual assault;
(d) Sexual victimization;
(e) Physical abuse;
(f) Physical assault; or
(g) Coercion to engage in sexual activities;
of any person by any “employee”, assistant, “volunteer worker” or member of any insured; or
(2) Any injury resulting from the actual, threatened or alleged acts listed in subparagraphs (1)(a) through (1)(g) above; or
(3) The negligent:
(a) Employment;
(b) Investigation;
(c) Supervision;
(d) Reporting or failure to report to the proper authorities; or (e) Retention
of any “employee”, assistant, “volunteer worker” or member of any insured whose conduct would be excluded by subparagraph 1. above.
All other terms and conditions of the policy remain unchanged.
NXT-0189 BM GL 0218 Includes material copyrighted by Insurance Services Office, Inc. used with its Page 1 of 1
COMMERCIAL GENERAL LIABILITY
permission
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
EXCLUSION – PRE-EXISTING DAMAGES OR INJURY
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SECTION I – COVERAGES, COVERAGE A – BODILY INJURY AND PROPERTY DAMAGE LIABILITY, paragraph 1. Insuring Agreement is replaced by the following:
1. Insuring Agreement
a. We will pay those sums that the insured becomes legally obligated to pay as damages because of "bodily injury" or "property damage" to which this insurance applies. We will have the right and duty to defend the insured against any "suit" seeking those damages. However, we will have no duty to defend the insured against any "suit" seeking damages for "bodily injury" or "property damage" to which this insurance does not apply. We may, at our discretion, investigate any "occurrence" and settle any claim or "suit" that may result. But:
(1) The amount we will pay for damages is limited as described in Section III – Limits Of Insurance; and
(2) Our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B or medical expenses under Coverage C.
No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments – Coverages A and B. b. This coverage part applies to "bodily injury" and "property damage” only if:
(1) The "bodily injury" or "property damage" is caused by an "occurrence" that takes place in the "coverage territory";
(2) The outset of the "bodily injury" or "property damage" takes place during the policy period; (3) Such “bodily injury” or “property damage” did not result in damages which are the subject of any “suit”, settlement or adjustment prior to the inception date of this insurance (or the retroactive date of this policy, if any, whichever is earlier); and
(4) In the event the “bodily injury” or “property damage” results from continuous or repeated exposure to substantially the same general harmful conditions, then the (a) Outset of the “bodily injury” or “property damage” was on or after the inception date of this insurance (or the retroactive date of this insurance, if any, whichever is earlier); and (b) "Bodily injury" or "property damage" was not actually, or alleged to have been, in progress prior to the inception date of this insurance (or the retroactive date of this insurance, if any, whichever is earlier), even if the “bodily injury” or “property damage” continues during this policy period.
These conditions (1), (2), (3) and (4) shall apply whether or not the “bodily injury” or “property damage” is known to any insured.
c. If the outset of any “bodily injury” or “property damage” takes place during this policy period then it shall include any continuation of that “bodily injury” or “property damage” after the end of the policy period. d. Damages because of “bodily injury” include damages claimed by any person or organization for care, loss of services or death resulting at any time from the “bodily injury”. e. Damages because of "bodily injury" include damages claimed by any person or organization for care, loss of services or death resulting at any time from the "bodily injury".
All other terms and conditions of the policy remain unchanged.
NXT-0208 BM GL 0218 Includes material copyrighted by Insurance Services Office, Inc. used with its Page 1 of 1
COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
UNINTENTIONAL ERRORS AND OMISSION
KNOWLEDGE OF OCCURRENCE
NOTICE OF OCCURRENCE
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
The following are added to SECTION IV – COMMERCIAL GENERAL LIABILITY CONDITIONS:
Unintentional Errors and Omissions
Any unintentional error or omission in the description of, or failure to completely describe, any premises or operations intended to be covered by this Coverage Part will not invalidate or adversely affect coverage for those premises or operations. However, you must report such error or omission to us as soon as practicable after its discovery.
Knowledge of Occurrence
Notwithstanding any other provision(s) in this policy to the contrary, and solely as respects any loss reporting requirements under this policy, it is understood that knowledge of “occurrence” by the agent, servant, or employee of the insured or any other person shall not in itself constitute knowledge by the insured, unless the risk manager or risk management department or substantially similar position or department received notice from said agent, servant, employee or any other person.
Notice of Occurrence
Your rights under this coverage part will not be prejudiced if you fail to give us notice of an “occurrence”, offense or claim and that failure is solely due to your reasonable belief that the “bodily injury”, “property damage” or “personal and advertising injury” is not covered under this coverage part. However, you shall give written notice of such “occurrence”, offense or claim to us as soon as you are aware that this insurance may apply to such “occurrence”, offense or claim.
All other terms and conditions of the policy remain unchanged.
NXT-0235 BM GL 0218 Includes material copyrighted by Insurance Services Office, Inc. used with its permission
COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED – AUTOMATIC STATUS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SECTION II - WHO IS AN INSURED is amended to include as an additional insured any person or organization 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.
A. 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 with respect to:
a. Premises you own, rent, lease, or occupy; or
b. Your ongoing operations performed for that insured.
B. The insurance afforded to such additional insured:
1. Only applies to the extent permitted by law; and
2. Will not be broader than that which you are required by the contract or agreement to provide for such additional insured.
C. The Limits of Insurance applicable to the additional insured are the lesser of those specified in:
1. The written contract or agreement; or
2. The Declarations for this policy, whichever is less.
Such are included in, and not in addition to, the Limits of Insurance shown in the Declarations.
D. Regardless of whether other insurance is available to an additional insured on a primary basis, this insurance will be primary and noncontributory if a written contract between you and the additional insured specifically requires that this insurance be primary.
All other terms and conditions of the policy remain unchanged.
NXT-0308 BM GL 0619 Includes material copyrighted by Insurance Services Office, Inc. used with its permission
COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
FOREIGN DRYWALL CONTAMINANTS EXCLUSION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY POLICY
The following is added to SECTION I - COVERAGES, Coverage A Bodily Injury and Property Damages Liability, paragraph 2. Exclusions and to SECTION I – COVERAGES, COVERAGE B - PERSONAL AND ADVERTISING INJURY LIABILITY, paragraph 2. Exclusions
1. “Bodily injury”, “property damage” or “personal and advertising injury” arising out of, resulting from, caused by, or contributed to by the discharge, dispersal, seepage, migration, release, escape, inhalation, ingestion, existence, or presence of one or more “foreign drywall contaminants” at any time. This exclusion only applies if the injury and/or damage is caused by, or is a result of, the emission of fumes, odors, vapors, and/or leaching of substances from building materials, drywall or drywall components.
2. Any damages or any loss, cost or expense arising out any (i) claim or suit by or on behalf of any governmental authority or any other alleged responsible party, or because of (ii) request, demand, order or statutory or regulatory requirement that any insured or any other person or entity should be responsible for:
a. Assessing the presence, absence or amount or effects of “foreign drywall contaminants”;
b. Identifying, sampling or testing for, detecting, monitoring, cleaning up, removing, containing, treating, detoxifying, neutralizing, abating, disposing of or mitigating “foreign drywall contaminants”.
3. Any supervision, instructions, recommendations, warnings or advice given or which should have been given in connection with any of the subsections above; or
4. Any obligation to share damages with or repay someone else in connection with any of the subsections above.
As used in this exclusion, “Foreign drywall contaminants” are described as chemicals or compounds that can be in a solid, liquid or gaseous form. They can be contained in or applied to certain drywall (also known as gypsum board, plasterboard, sheetrock and wallboard) or drywall components. They also can be found or created when such drywall or drywall components come into contact with other elements.
They allegedly or actually cause damage to property, corrode materials, emit noxious odors, cause health problems and/or otherwise act as a contaminant or irritant. They include but are not limited to, the following: butanethial, carbon disulfide, carbonyl sulfide, hydrogen sulfide, mercaptan, methylthio pyridine, sulfuric acid, sulfurous acid, sulfur dioxide and strontium sulfide. This includes drywall manufactured anywhere other than the United States of America (including its territories and possessions), Puerto Rico and Canada.
All other terms and conditions of the policy remain unchanged.
NXT-0314 BM GL 0218 Includes material copyrighted by Insurance Services Office, Inc. used with its permission
COMMERCIAL GENERAL LIABILITY
NXT-0053 BM GL 0318 Includes material copyrighted by Insurance Services Office, Inc. used with its permission
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
EXCLUSION – ASSAULT AND BATTERY
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
A. The following is added to SECTION I - COVERAGES, COVERAGE A - BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Paragraph 2. Exclusions:
Assault and Battery
"Bodily injury" or "property damage" arising from, or caused in whole or in part by, an "assault and battery."
This exclusion applies regardless of the degree of culpability or intent and without regard to:
(1) Whether the "assault and battery" is caused or committed, or threatened to be caused or committed, each of the foregoing whether actual, alleged, directly, or indirectly:
(a) At the instruction or direction of, or is instigated by, the insured, or the insured's officers, "employees," "volunteer workers," agents, or servants;
(b) By the insured's customers, patrons, or guests;
(c) By any other person on, at, or near the premises owned or occupied by the insured, whether or not such person's presence is lawful; or
(d) By any other person or entity, by any means or cause whatsoever; (2) The failure or negligence, each of the foregoing whether actual or alleged, of the insured, or the insured's officers, "employees," "volunteer workers”, agents, or servants, in the hiring, employment, investigation, training, supervision, retention, placement, or control of any person involved or in connection with any "assault and battery," whether or not such person was or is an officer, "employee," "volunteer worker," agent, or servant of the insured; or
(3) The act, error, or failure to act, each of the foregoing whether actual or alleged, of the insured, the insured's officers, "employees," "volunteer workers,” agents, or servants, or any other person for whom or entity that any insured was or is legally responsible, to:
(a) Prevent, bar, suppress, or halt an "assault and battery" by any person; (b) Provide an environment safe from an "assault and battery" by any person; or (c) Warn of the dangers of the environment that could contribute to an "assault and battery" by any person.
Without limiting the foregoing and for the avoidance of doubt, this exclusion also applies to bar any and all claims by any person, entity, firm, or organization, for any of the following in connection with "bodily injury" or "property damage" arising from, or caused in whole or in part by, an "assault and battery":
(a) Emotional injury or distress;
(b) One or more of loss of society, companionship, services, consortium, and income; (c) Reimbursement for any and all expenses or wages, paid or incurred by any person, entity, firm, or organization; or
(d) Any obligation to share damages with or repay a person who, or an entity that, must pay damages because of the "bodily injury" or "property damage."
B. SECTION I - COVERAGES, COVERAGE A - BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Paragraph 2. Exclusions, exclusion a. Expected Or Intended Injury is replaced by the following:
a. Expected Or Intended Injury
"Bodily injury" or "property damage" expected or intended from the standpoint of the insured.
COMMERCIAL GENERAL LIABILITY
NXT-0053 BM GL 0318 Includes material copyrighted by Insurance Services Office, Inc. used with its permission
C. The following is added to SECTION I - COVERAGES, COVERAGE B - PERSONAL AND ADVERTISING INJURY LIABILITY , Paragraph 2. Exclusions :
Assault and Battery
"Personal and advertising injury" arising from, or caused in whole or in part by, an "assault and battery." This exclusion applies regardless of the degree of culpability or intent and without regard to:
(1) Whether the "assault and battery" is caused or committed, or threatened to be caused or committed, each of the foregoing whether actual, alleged, directly, or indirectly:
(a) At the instruction or direction of, or is instigated by, the insured, or the insured's officers, "employees," "volunteer workers," agents, or servants;
(b) By the insured's customers, patrons, or guests;
(c) By any other person on, at, or near the premises owned or occupied by the insured, whether or not such person's presence is lawful; or
(d) By any other person or entity, by any means or cause whatsoever; (2) The failure or negligence, each of the foregoing whether actual or alleged, of the insured, or the insured's officers, "employees," "volunteer workers”, agents, or servants, in the hiring, employment, investigation, training, supervision, retention, placement, or control of any person involved or in connection with any "assault and battery," whether or not such person was or is an officer, "employee," "volunteer worker," agent, or servant of the insured; or
(3) The act, error, or failure to act, each of the foregoing whether actual or alleged, of the insured, the insured's officers, "employees," "volunteer workers,” agents, or servants, or any other person for whom or entity that any insured was or is legally responsible, to:
(a) Prevent, bar, suppress, or halt an "assault and battery" by any person; (b) Provide an environment safe from an "assault and battery" by any person; or (c) Warn of the dangers of the environment that could contribute to an "assault and battery" by any person.
Without limiting the foregoing and for the avoidance of doubt, this exclusion also applies to bar any and all claims by any person, entity, firm, or organization, for any of the following in connection with "personal and advertising injury" arising from, or caused in whole or in part by, an "assault and battery":
(a) Emotional injury ordistress;
(b) One or more of loss of society, companionship, services, consortium, and income; (c) Reimbursement for any and all expenses or wages, paid or incurred by any person, entity, firm, or organization; or
(d) Any obligation to share damages with or repay a person who, or an entity that, must pay damages because of the "personal and advertising injury."
D. SECTION I - COVERAGES, COVERAGE B - PERSONAL AND ADVERTISING INJURY LIABILITY, Paragraph 2. Exclusions, exclusion a. Knowing Violation Of Rights Of Another is replaced by the following:
a. Knowing Violation Of Rights Of Another
"Personal and advertising injury" expected or intended from the standpoint of, or caused by or at the direction of, the insured. This exclusion applies regardless of the presence or absence of knowledge that the act would violate the rights of another and would inflict "personal and advertisinginjury."
E. The following is added to SECTION V - DEFINITIONS :
"Assault and battery" means one or more of the following:
a. Any assault, battery, intimidation, fight, altercation, misconduct, or similar incident or act of violence;
b. Harmful or offensive contact between or among two or more persons;
COMMERCIAL GENERAL LIABILITY
NXT-0053 BM GL 0318 Includes material copyrighted by Insurance Services Office, Inc. used with its permission
c. Apprehension of harmful or offensive contact between or among two or more persons; d. Threats or abuse by words, acts, gestures, or deeds; e. Acts including, but not limited to, one or more of sexual abuse, sexual harassment, sexual molestation, sexual assault, and sexual battery; and
f. Any act or omission in connection with the prevention or suppression of any conduct described in subparagraph(s) a., b., c., d., or e. above.
All other terms and conditions of the policy remain unchanged.
NXT-0079 BM GL 0218 Includes material copyrighted by Insurance Services Office, Inc. used withits permission
COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
EXCLUSION – LEAD
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
The following is added to SECTION I - COVERAGES, Coverage A Bodily Injury and Property Damages Liability, paragraph 2. Exclusions and to SECTION I – COVERAGES, COVERAGE B - PERSONAL AND ADVERTISING INJURY LIABILITY, paragraph 2. Exclusions
“Bodily injury” or “property damage” or “personal and advertising injury” arising out of the actual, alleged, suspected or threatened ingestion of, inhalation of, contact with, exposure to, existence of, or presence of “lead”
As used in this exclusion, “Lead” means the element in any form.
All other terms and conditions of the policy remain unchanged.
COMMERCIAL GENERAL LIABILITY
NXT-0083 BM GL 0218 Includes material copyrighted by Insurance Services Office, Inc. used withits permission
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
EXCLUSION – NON-COMPENSATORY DAMAGES
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SECTION I – COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, 2. Exclusions and COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY, 2. Exclusions are amended and the following added:
PUNITIVE DAMAGES
This insurance does not apply to any claim for or awards of non-compensatory damages, including, but not limited to:
1. Punitive, exemplary or multiple damages;
2. Equitable or non-pecuniary relief; or
3. Fines, penalties, court imposed sanctions, return or restitution of legal fees, costs or other expenses associated with such awards.
All other terms and conditions of the policy remain unchanged.
COMMERCIAL GENERAL LIABILITY
NXT-0336 BM GL 0218 Includes material copyrighted by Insurance Services Office, Inc. used with its permission
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
EXCLUSIONS APPLICABLE TO SPORTS/LEISURE/ENTERTAINMENT
ACTIVITIES AND DEVICES
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE FORM
I. EXCLUSIONS
Any exclusion for which an “X” appears is added to SECTION I – COVERAGES, COVERAGE A - BODILY INJURY AND PROPERTY DAMAGE LIABILITY , paragraph 2. Exclusions and to SECTION I – COVERAGES, COVERAGE B - PERSONAL AND ADVERTISING INJURY LIABILITY, paragraph 2.
Exclusions:
x Amusement Device
"Bodily injury", "property damage" or "personal and advertising injury" arising from the ownership, maintenance, operation, sponsorship, set-up or take-down or other use of any "amusement device".
For purposes of this exclusion, "amusement device" means any device or equipment a person rides, uses or otherwise employs in the participation of an activity for enjoyment, including, but not limited to, any of the following:
A. Mechanical or non-mechanical ride or riding device;
B. Slide or water slide (including any ski or tow used with a water slide); C. Moon Bounces, "Moon Walks, "Space Walks", and similar inflatable games and device; D. Gymnastic equipment;
E. Laser tag, bungee jumping, Sumo wrestling, human spheres, water slides and similar interactive games and device;
F. Advertising balloons, rooftop balloons, helium blimps and similar device.
This exclusion applies irrespective of in what manner an insured may be held liable in any capacity.
Animal
"Bodily injury", "property damage" or "personal and advertising injury":
1. Arising out of contact with; or
2. Caused by or resulting from
any animal, reptile, bird, fish, insect or animal organism other than human owned by, leased or loaned to, or in the care, custody or control of any insured.
x Bungee
"Bodily injury", "property damage" or "personal and advertising injury" arising out of the ownership, operation, maintenance or use of any bungee operation or equipment whether owned, operated, maintained or used by you, any other insured or any other person or entity.
Concert or Special Event
"Bodily injury", "property damage" or "personal and advertising injury" arising out of:
1. The promotion of;
2. The hosting of;
3. The providing a venue for
COMMERCIAL GENERAL LIABILITY
NXT-0336 BM GL 0218 Includes material copyrighted by Insurance Services Office, Inc. used with its permission
a concert, show, exhibition, fair, sporting contents, social gathering or other similar activity or theatrical event.
x Firearms, Fireworks and Other Pyrotechnic Devices
"Bodily injury", "property damage" or "personal and advertising injury" arising from the ownership, maintenance, operation, sponsorship, set-up or take-down or other use of:
1. Firearms, including handguns, revolvers, pistols, rifles, shotguns, air guns, semi -automatic weapons and similar devices;
2. Fireworks, including firecrackers, Roman Candles, pinwheels skyrockets, ground displays, flares, smoke bombs and similar devices that produce, when ignited or activated, sound, smoke, motion or a combination of these
by any Insured or by any person for which any Insured may be held liable in any capacity.
x Gymnastics
"Bodily injury", "property damage" or "personal and advertising injury" arising from arising out of parkour, urban gymnastics, freestyle gymnastics, freestyle acrobatics and similar activities , including but not limited to, wall runs, wall flips or wall spins.
Inflatable Promotional Device
"Bodily injury", "property damage" or "personal and advertising injury" arising out of the ownership, operation, maintenance or use of any "inflatable promotional device"; provided, however, this exclusion does not apply to "inflatable promotional devices" you do not own, operate, or maintain.
Injury or Death to Animals
"Bodily injury", "property damage" or "personal and advertising injury" arising out of injury or death to any animal.
x
Inverted Aerial Maneuver
"Bodily injury", "property damage" or "personal and advertising injury" arising out of the attempt to perform or performance of any inverted aerial maneuver by a skier from a jump:
1. Built by you or on your behalf; or
2. Built on your premises with your permission or knowledge.
x Mosh Pits
"Bodily injury", "property damage" or "personal and advertising injury" arising out of activity associated with or occurring in “mosh pits”.
x Object Propelled
"Bodily injury", "property damage" or "personal and advertising injury" arising out of any object propelled, projected, kicked or thrown, whether intentionally or unintentionally:
1. Into the crowd by or at the direction of a "participant" or insured;
2. By a “participant” or an insured during an event, including but not limited to any performer throwing objects, himself, herself or another person into the audience, backstage or side-stage area.
COMMERCIAL GENERAL LIABILITY
NXT-0336 BM GL 0218 Includes material copyrighted by Insurance Services Office, Inc. used with its permission
Participant
"Bodily injury", "property damage" or "personal and advertising injury" arising out of the involvement of a participant in any activity, event or exhibition, including, but not limited to, any contest, exhibition, physical training, sport, event, athletic activity, martial arts or stunt.
Performer
"Bodily injury", "property damage" or "personal and advertising injury" arising out of the involvement of any performer during any activity, event or exhibition, including, but not limited to any stunt, concert, show or theatrical event.
x Ring or Cage Sports
"Bodily injury", "property damage" or "personal and advertising injury" arising out of participation in ring or cage sports. Ring or cage sports include, but are not limited to , conventional boxing, full contact or no-holds-barred fighting/confrontations, sparring and practicing or preparing for such activities. x Rodeo
"Bodily injury", "property damage" or "personal and advertising injury" arising out of any rodeo activity, including, but not limited to, bronco or bull riding, steer roping, team roping, barrel racing or horseback riding.
x Sports Trainers
"Bodily injury", "property damage" or "personal and advertising injury" arising out of or resulting directly or indirectly, in whole or in part from the rendering of or failure to render professional services by any "sports trainer" or any act, error, omission, malpractice or mistake of a professional nature committed by any "sports trainer".
x Structure Collapse
"Bodily injury", "property damage" or "personal and advertising injury" arising from or resulting, directly or indirectly, from the partial or total collapse of any bleacher, grandstand, benches, deck, stairs, steps, platform, boxes or other structures, owned, maintained or used by any insured, whether such structure is permanent or temporary.
x Stunting Activity or Special Effects
"Bodily injury", "property damage" or "personal and advertising injury" arising out of any “stunting activity” or special effects or any practice or preparation for any such “stunting activity” or special effects.
x Trampolines
Bodily injury", "property damage" or "personal and advertising injury" arising from the ownership, maintenance, operation, sponsorship, set -up or take- down or other use of any trampoline or similar device. This exclusion also applies to any claim alleging negligence or breach of contract by supplying and then failing to maintain a trampoline or supervise its use.
x Trampolines (Limited)
Bodily injury", "property damage" or "personal and advertising injury" arising from the ownership,
COMMERCIAL GENERAL LIABILITY
NXT-0336 BM GL 0218 Includes material copyrighted by Insurance Services Office, Inc. used with its permission
maintenance, operation, sponsorship, set -up or take- down or other use of any trampoline or similar device. This exclusion also applies to any claim alleging negligence or breach of contract by supplying and then failing to maintain a trampoline or supervise its use. However, this exclusion does not apply to rebounders which are 4 feet or less in diameter and whose surface is no more than two (2) feet above the floor level.
x Wall Climbing
Bodily injury", "property damage" or "personal and advertising injury" arising from the ownership, maintenance, operation, sponsorship, set -up or take- down or other use of any r ock climbing walls, Velcro walls and similar scaling device.
x Wall Climbing (Limited)
Bodily injury", "property damage" or "personal and advertising injury" arising from the ownership, maintenance, operation, sponsorship, set -up or take- down or other use of any r ock climbing walls, Velcro walls and similar scaling device in excess of ten (10) feet in height.
II. DEFINITION
For purposes of this endorsement, the following definitions are added to SECTION V - DEFINITIONS:
A. "Inflatable promotional device" means any inflatable device or equipment used for advertising or promotional purposes, including but not limited to, any hot air balloon or inflatable signage.
B. “Mosh pit” means the area in front of the stage where attendees are allowed to freely gather during a performance and/or event.
C. "Participant" means any person while instructing, supervising, training or practicing for, participating in or while otherwise involved in any sports or athletic activity, contest, or exhibition. "Participant" does not include any spectator.
D. "Sports trainer" means a trainer employed by the insured or working on the insured' s behalf who carries out the practice of prevention and/or rehabilitation of injuries incurred by athletes.
E. "Stunting Activity", means any feat or activity requiring special strength, skill, equipment, device or daring.
All other terms and conditions of the policy remain unchanged.
POLICYHOLDER DISCLOSURE
NOTICE OF TERRORISM INSURANCE COVERAGE
You are hereby notified that under the Terrorism Risk Insurance Act, as amended, you have a right to purchase insurance coverage for losses resulting from acts of terrorism. As defined in Section 102(1) of the Act : The term “act of terrorism” means any act or acts that are certified by the Secretary of the Treasury — in consultation with the Secretary of Homeland Security, and the Attorney General of the United States — to be an act of terrorism; to be a violent act or an act that is dangerous to human life, property, or infrastructure; to have resulted in damage within the United States, or outside the United States in the case of certain air carriers or vessels or the premises of a United States mission; and to have been committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion.
YOU SHOULD KNOW THAT WHERE COVERAGE IS PROVIDED BY THIS POLICY FOR LOSSES RESULTING FROM
CERTIFIED ACTS OF TERRORISM, SUCH LOSSES MAY BE PARTIALLY REIMBURSED BY THE UNITED STATES GOVERNMENT UNDER A FORMULA ESTABLISHED BY FEDERAL LAW. HOWEVER, YOUR POLICY MAY CONTAIN
OTHER EXCLUSIONS WHICH MIGHT AFFECT YOUR COVERAGE, SUCH AS AN EXCLUSION FOR NUCLEAR EVENTS. UNDER THE FORMULA, THE UNITED STATES GOVERNMENT GENERALLY REIMBURSES 85% THROUGH 2015; 84% BEGINNING ON JANUARY 1, 2016; 83% BEGINNING ON JANUARY 1, 2017; 82% BEGINNING ON JANUARY 1, 2018; 81% BEGINNING ON JANUARY 1, 2019 and 80% BEGINNING ON JANUARY 1, 2020, OF
COVERED TERRORISM LOSSES EXCEEDING THE STATUTORILY ESTABLISHED DEDUCTIBLE PAID BY THE INSURANCE COMPANY PROVIDING THE COVERAGE. THE PREMIUM CHARGED FOR THIS COVERAGE IS
PROVIDED BELOW AND DOES NOT INCLUDE ANY CHARGES FOR THE PORTION OF LOSS THAT MAY BE COVERED BY THE FEDERAL GOVERNMENT UNDER THE ACT.
YOU SHOULD ALSO KNOW THAT THE TERRORISM RISK INSURANCE ACT, AS AMENDED, CONTAINS A $100 BILLION CAP THAT LIMITS U.S. GOVERNMENT REIMBURSEMENT AS WELL AS INSURERS’ LIABILITY FOR LOSSES
RESULTING FROM CERTIFIED ACTS OF TERRORISM WHEN THE AMOUNT OF SUCH LOSSES IN ANY ONE CALENDAR YEAR EXCEEDS $100 BILLION. IF THE AGGREGATE INSURED LOSSES FOR ALL INSURERS EXCEED
$100 BILLION, YOUR COVERAGE MAY BE REDUCED.
Acceptance or Rejection of Terrorism Risk Insurance Coverage I hereby elect to purchase terrorism coverage for a prospective premium of $ 1.73 .
X
I hereby decline to purchase terrorism coverage for certified acts of terrorism. I understand I will have no coverage for losses resulting from certified acts of terrorism.
State National Insurance Company, Inc.
Policyholder/Applicant’s Signature Insurance Company
James MacNichols NXT7CJ779W-00-GL
Print Name Policy Number
10/17/2023
Date
NXT-0073 BM GL 0418 Includes copyrighted material of National Association of Insurance Commissioners, with its permission.
NXT-0002 IL 02 18 Page 1 of 2
State National Insurance Company, Inc.
Policy Holder Privacy Statement
As a policyholder of State National Insurance Company, Inc., you may remember that you purchased your State National Insurance Company, Inc. policy from an insurance agent.
Please understand that the agent from whom you purchased your State National Insurance Company, Inc. policy is not affiliated with State National Insurance Company, Inc., but rather is a separate legal entity. In the process of purchasing your State National Insurance Company, Inc. policy, you may have provided your insurance agent with various information, including nonpublic personal information about yourself. You did not provide any such information directly to State National Insurance Company, Inc., but on occasion we may receive such information from your insurance agent. This statement is intended to explain and disclose State National Insurance Company, Inc.’s policies and practices regarding the collection, disclosure and protection of such information.
State National Insurance Company, Inc. will provide customers like yourself with a copy of our privacy policy at the beginning of our relationship and annually thereafter, unless and until our relationship ends. As our products and services continue to evolve, it may be necessary to review and revise our privacy policies, in which case we will provide you with an updated privacy notice.
I. Financial Information Collected.
During the ordinary course of our business, State National Insurance Company, Inc. may – as explained above – collect information about you from the following sources:
• Information the insurance agent receives from you on applications or other forms;
• Information about your transactions (including claims) with us, our affiliates and others; and
• Information we receive from other agents, brokers, administrators, insurance support agencies, legal counsel, consumer reporting agencies and government reporting agencies.
II. Financial Information Disclosed.
We do not disclose any information about our customers or former customers to anyone, except as permitted by law to service your business.
III. Parties To Whom Information is Disclosed.
We do not disclose any information about our customers or former customers to anyone, except as permitted by law to service your business.
IV. Confidentiality and Security of Information.
NXT-0002 IL 02 18 Page 2 of 2
We restrict access to information about you to those employees who need to know that information to provide products or services to you. We maintain physical, electronic, and procedural safeguards to guard your information.
V. Access to and Correction of Your Information.
You may write to us if you have any questions about the information that we may have in our records about you. We will respond within 30 business days from the date such request is received to your inquiry. If you wish, you may review this information in person or receive a copy at a reasonable charge. You can notify us in writing if you believe any information should be corrected, amended, or deleted and we will review your request. We will either make the requested change or explain why we did not do so. If we do not make the requested change, you may submit a short written statement identifying the disputed information, which will be included in all future disclosures of your information.
We value your business. This statement is for your information. No response is necessary.
Secretary
President
INTERLINE
STATE NATIONAL INSURANCE COMPANY, INC.
U.S. TREASURY DEPARTMENT'S OFFICE OF FOREIGN
ASSETS CONTROL ("OFAC")
ADVISORY NOTICE TO POLICYHOLDERS
No coverage is provided by this Policyholder Notice nor can it be construed to replace any provisions of your policy. You should read your policy and review your Declarations page for complete information on the coverages you are provided.
This Notice provides information concerning possible impact on your insurance coverage due to directives issued by OFAC. Please read this Notice carefully.
The Office of Foreign Assets Control (OFAC) administers and enforces sanctions policy, based on Presidential declarations of "national emergency". OFAC has identified and listed numerous:
• Foreign agents;
• Front organizations;
• Terrorists;
• Terrorist organizations; and
• Narcotics traffickers;
as "Specially Designated Nationals and Blocked Persons". This list can be located on the United States Treasury's web site – http//www.treas.gov/ofac.
In accordance with OFAC regulations, if it is determined that you or any other insured, or any person or entity claiming the benefits of this insurance has violated U.S. sanctions law or is a Specially Designated National and Blocked Person, as identified by OFAC, this insurance will be considered a blocked or frozen contract and all provisions of this insurance are immediately subject to OFAC. When an insurance policy is considered to be such a blocked or frozen contract, no payments nor premium refunds may be made without authorization from OFAC. Other limitations on the premiums and payments also apply.
SNC-IL-0719-OFAC-N
INTERLINE
STATE NATIONAL INSURANCE COMPANY, INC.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
TRADE OR ECONOMIC SANCTIONS
The following is added to this policy:
Trade Or Economic Sanctions
This insurance does not provide any coverage, and we (the Company) shall not make payment of any claim or provide any benefit hereunder, to the extent that the provision of such coverage, payment of such claim or provision of such benefit would expose us (the Company) to a violation of any applicable trade or economic sanctions, laws or regulations, including but not limited, to those administered and enforced by the United States Treasury Department’s Office of Foreign Assets Control (OFAC).
All other terms and conditions remain unchanged.
SNC-IL-0719-TOES-E
CONSENT CALENDAR 8.F.
DATE: December 12, 2023
TO: Mayor and Members of the City Council
FROM: Dawn G. Abrahamson, City Clerk
SUBJECT: ADOPT A RESOLUTION REPEALING RESOLUTION 23-003 N.C. AND MAKING
CHANGES TO COUNCIL MEMBER APPOINTMENTS TO VARIOUS COMMISSIONS, BOARDS AND COMMITTEES FOR THE YEAR 2023 TO INCLUDE APPOINTMENT OF
COUNCIL LIAISON TO THE MEASURE P OVERSIGHT COMMITTEE
RECOMMENDATION
Repeal Resolution No. 23-003 N.C. and adopt a new Resolution consenting to and approving changes to various appointments to Commissions, Boards and Committees for 2023 to include a council liaison to the Measure P Oversight Committee
REASONS FOR RECOMMENDATION
Pursuant to Vallejo Municipal Code Section 2.02.350D, appointments to boards, commissions and committees shall be considered and acted upon by the City Council in open public meetings of the council, unless otherwise permitted by law. Pursuant to 2.02.350E, the Mayor is authorized to make appointments, with the consent of the City Council, to committees composed solely of councilmembers and to special ad hoc committees of limited duration and purpose. The Mayor undertakes a review of mayoral appointments at the beginning of each calendar year.
This item is returning to the Council for its consideration as there were changes that occurred following Council's action on January 10.
BACKGROUND AND DISCUSSION
At its meeting on January 10, the Council adopted Resolution No. 23-003 N.C., a resolution consenting to and approving various appointments to Commissions, Boards and Committees for 2023. With the recent creation of the Measure P Oversight Committee and the newly appointed members to the Committee, it is necessary to add a Council liaison.
The Mayor is recommending the appointment of Councilmember Palmares as the Council liaison to the Measure P Oversight Committee.If Councilmember Palmares does not accept the appointment, the Mayor's recommendation is Councilmember Matulac. Because this is a standing advisory body created by the City Council, staff is recommending Council repeal Resolution 23-003 N.C. and adopt a new resolution consenting to and approving various appointments to Commissions, Boards and Commitees for 2023 to include this new committee.
FISCAL IMPACT
There is no fiscal impact in the filing of vacancies on standing committees.
ENVIRONMENTAL REVIEW
This action is exempt from the California Environmental Quality Act (CEQA) because it is not a project which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable
Date: December 12, 2023
Subject: ADOPT A RESOLUTION REPEALING RESOLUTION 23-003 N.C. AND MAKING
CHANGES TO COUNCIL MEMBER APPOINTMENTS TO VARIOUS COMMISSIONS, BOARDS AND COMMITTEES FOR THE YEAR 2023 TO INCLUDE APPOINTMENT
OF COUNCIL LIAISON TO THE MEASURE P OVERSIGHT COMMITTEE
indirect physical change in the environment, pursuant to CEQA Guideline section 15378.
ATTACHMENTS
1. REPEALING RESOLUTION NO. 23-003 N.C. AND ADOPTING A NEW RESOLUTION MAKING COUNCIL APPOINTMENTS TO VARIOUS COMMISSIONS BOARDS AND COMMITTEES FOR 2023 C
2. Revised 2023 Council Appointments minus ad-hoc committees_121023
CONTACT
Dawn G. Abrahamson, City Clerk (707) 648-4528
[email protected]
Approved as to form:
By: for
Veronica Nebb, City Attorney
RESOLUTION NO. 23-___N.C.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VALLEJO REPEALING RESOLUTION NO. 23-003 N.C. AND MAKING COUNCIL APPOINTMENTS TO VARIOUS COMMISSIONS, BOARDS AND COMMITTEES FOR 2023 TO NOW INCLUDE THE
RECENTLY FORMED MEASURE P OVERSIGHT COMMITTEE
WHEREAS, pursuant to Vallejo Municipal Code Section 2.02.350 D, appointments to boards, commissions and committees shall be considered and acted upon by the Council in open public meetings of the Council, unless otherwise permitted by law; and WHEREAS, pursuant to Vallejo Municipal Code section 2.02.350 E, the Mayor is authorized to make appointments to committees composed solely of Council members and to special ad hoc committees of limited duration of purpose with the consent of the City Council; and WHEREAS, a Council liaison is assigned to each of the various City commissions, boards and committees and other bodies; and
WHEREAS, it is necessary to designate the City of Vallejo representative to various County, regional and statewide boards and commissions and other agencies to serve as board members, members and delegates as a means of furthering the City's interests; and WHEREAS, it is necessary to nominate a City of Vallejo representative on advisory committees of other public entities for the appointment by the Board of such public entities; and WHEREAS, at its regular meeting held on January 10, 2023, the Council adopted Resolution No. 23-003 N.C., a resolution making appointments to various Commissions, Boards and Committees for 2023; and
WHEREAS, since that meeting, the recently created Measure P Oversight Committee members were appointed and a council liaison needs to be appointed resulting in the need to repeal Resolution No. 23-003 N.C. and requiring further Council consent and approval to various appointments to Commissions, Boards and Committees for 2023.
NOW, THEREFORE, BE IT RESOLVED that Resolution No. 23-003 is hereby repealed.
BE IT FURTHER RESOLVED that the attached list of appointments attached hereto, and incorporated herein by reference, for calendar year 2023 are hereby made, consented to and confirmed as applicable.
BE IT FURTHER RESOLVED that said appointments shall continue until a successor is duly appointed.
Adopted by the City Council of the City of Vallejo at a regular meeting held on December 10, 2023, with the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________________
ROBERT H. MCCONNELL, MAYOR
ATTEST:
______________________________________
DAWN G. ABRAHAMSON, CITY CLERK
COUNCIL APPOINTMENTS-2023
December 10, 2023
1 COUNCIL LIAISON APPOINTMENTS TO CITY COMMISSIONS/BOARDS/COMMITTEES
NAME OF COMMISSION,
BOARD OR COMMITTEE COUNCIL LIAISON NUMBER OF
APPOINTMENTS MEETING INFORMATION
ARCHITECTURAL
HERITAGE & LANDMARK
COMMISSION
BREGENZER ONE
3RD THURSDAY MONTHLY
6:30 P.M.
CITY COUNCIL CHAMBERS
BEAUTIFICATION
COMMISSION VERDER-ALIGA ONE
1st WEDNESDAY 6:00 P.M.
BI-MONTHLY
CITY COUNCIL CHAMBERS
CIVIL SERVICE
COMMISSION MATULAC ONE
2ND MONDAY MONTHLY
5:15 P.M.
CITY COUNCIL CHAMBERS
CODE ENFORCEMENT
APPEALS BOARD MATULAC ONE
4TH THURSDAY 6:00 P.M.
MONTHLY
CITY COUNCIL CHAMBERS
COMMISSION ON CULTURE
AND THE ARTS ARRIOLA ONE
4th MONDAY 6:00 P.M.
MONTHLY
CITY COUNCIL CHAMBERS
DESIGN REVIEW BOARD PALMARES ONE
2ND THURSDAY MONTHLY
7:00 P.M.
CITY COUNCIL CHAMBERS
ECONOMIC VITALITY
COMMISSION LOERA-DIAZ ONE
2ND WEDNESDAY BI-MONTHLY- AS
NEEDED 6:00 P.M.
CITY COUNCIL CHAMBERS
HOUSING & COMMUNITY
DEVELOPMENT
COMMISSION
BREGENZER ONE
1ST THURSDAY 7:00 P.M.
MONTHLY
CITY COUNCIL CHAMBERS
HUMAN RELATIONS
COMMISSION MATULAC ONE
4TH WEDNESDAY IN THE MONTHS
OF JANUARY, APRIL, JULY &
OCTOBER AS NEEDED
6:00 P.M.
CITY COUNCIL CHAMBERS
MARINA ADVISORY
COMMITTEE ARRIOLA ONE
1ST THURSDAY QUARTERLY
5:00 P.M.
CITY COUNCIL CHAMBERS
MCCUNE COLLECTION
COMMISSION PALMARES ONE 1st MONDAY BI-MONTHLY 5:00 P.M.
CITY COUNCIL CHAMBERS
PLANNING COMMISSION PALMARES ONE
1ST & 3RD MONDAY MONTHLY
7:00 P.M.
CITY COUNCIL CHAMBERS
SISTER CITY COMMISSION VERDER-ALIGA ONE
3RD MONDAY 5:30 P.M.
BI-MONTHLY
SISTER CITY RM JFK LIBRARY
PARTICIPATORY
BUDGETING STEERING
COMMITTEE
ARRIOLA
BREGENZER TWO
3RD WEDNESDAY 6:30 P.M.
MONTHLY
COUNCIL CHAMBERS
SURVEILLANCE ADVISORY
BOARD ARRIOLA ONE
3rd THURSDAY 6:00 P.M.
MONTHLY
VALLEJO ROOM UNLESS COUNCIL
CHAMBERS IS AVAILABLE
MEASURE P OVERSIGHT
COMMITTEE PALMARES ONE
AT LEAST TWICE PER CALENDAR
YEAR; MORE FREQUENTLY IF
NECESSARY. VALLEJO ROOM
UNLESS COUNCIL CHAMBERS IS
AVAILABLE
COUNCIL APPOINTMENTS-2023
December 10, 2023
2 COUNCIL APPOINTMENTS-2023
December 10, 2023
3 COUNCIL LIAISON APPOINTMENTS TO COMMUNITY BASE ORGANIZATIONS,
COUNTY/REGIONAL/INTER-AGENCY/STATE COMMITTEES/BOARDS
NAME OF AGENCY COUNCIL LIAISON NUMBER OF
APPOINTMENTS MEETING INFORMATION
CENTRAL CORE
RESTORATION CORP.
(CCRC)
LOERA-DIAZ ONE
2ND THURSDAY 4:30 P.M.
301 GEORGIA STREET, SUITE 290
VALLEJO CA
VALLEJO CENTER FOR THE
ARTS (formerly Community
Arts Foundation, Empress
Theatre)
VERDER-ALIGA ONE 4TH WEDNESDAY 7:00 P.M.
FIGHTING BACK
PARTNERSHIP VERDER-ALIGA ONE 1ST THURSDAY 6:00 P.M.
3RD FLOOR, JFK LIBRARY
HUMANE SOCIETY OF
NORTH BAY
MATULAC
PALMARES TWO MEETINGS AS NEEDED
SENIOR CITIZENS COUNCIL ARRIOLA ONE
2ND MONDAY OF JANUARY & JUNE
12:30 – 2:00 P.M.
DOUGLAS SENIOR CENTER
SOLANO COUNTY FAIR
ASSOCIATION BREGENZER ONE
2ND WEDNESDAY 6:15 P.M.
SOLANO COUNTY FAIRGROUNDS
900 FAIRGROUNDS DRIVE
TRAVIS REGIONAL ARMED
FORCES COMMITTEE VERDER-ALIGA ONE 3rd MONDAY 8:00 A.M. BREAKFAST
DELTA BREEZE CLUB TRAVIS AFB
VALLEJO CONVENTION AND
VISITORS BUREAU LOERA-DIAZ ONE 3rd WEDNESDAY 3:30 P.M.
CHAMBER OF COMMERCE OFFICE
VALLEJO GOLF CLUB VERDER-ALIGA ONE 2ND THURSDAY 7:00 P.M.
BLUE ROCK SPINGS BOARD ROOM
VALLEJO FIRST CORP
(formerly Vallejo Main Street
Board of Directors)
PALMARES ONE
2nd THURSDAY 5:45 P.M.
(frequency of meetings TBD)
235-237 GEORGIA STREET
(Beeman Building)
1st Floor Conference Room
CITY/SCHOOLS TASK
FORCE
LOERA-DIAZ
MATULAC TWO
COUNCIL APPOINTMENTS-2023
December 10, 2023
4 APPOINTMENTS TO CITY COUNCIL STANDING COMMITTEES
NAME OF COUNCIL
COMMITTEE MEMBERS NUMBER OF
APPOINTMENTS MEETING INFORMATION
INTER-AGENCY
COMMITTEE
MAYOR
MCCONNELL
(VFWD REP)
ARRIOLA
PALMARES
MAYOR + TWO
4TH MONDAY 6:00 P.M.
CITY MANAGER’s CONFERENCE
ROOM, 3rd Floor
CITY HALL
ISLAND ENERGY ADVISORY
COMMITTEE PALMARES MAYOR MEETINGS AS NEEDED
MARE ISLAND COMMITTEE
MAYOR
MCCONNELL
MATULAC
PALMARES
THREE MEETINGS AS NEEDED
MARINA COMMITTEE
ARRIOLA
BREGENZER
PALMARES
THREE MEETINGS AS NEEDED
PUBLIC SAFETY
COMMITTEE
BREGENZER
PALMARES TWO MEETINGS AS NEEDED
LAKES WATER SYSTEM
SUB-COMMITTEE
MAYOR
MCCONNELL
VERDER-ALIGA
TWO MEETINGS AS NEEDED
COUNCIL APPOINTMENTS-2023
December 10, 2023
5 APPOINTMENTS TO COUNTY/REGIONAL/INTER-AGENCY/STATE COMMITTEES/BOARDS
AND OTHER BODIES
NAME OF AGENCY COUNCIL
REPRESENTATIVE
NUMBER OF
APPOINTMENTS NOTES MEETING
INFORMATION
ASSOCIATION OF
BAY AREA
GOVERNMENTS –
GENERAL
ASSEMBLY
MAYOR
MCCONNELL
BREGENZER
(ALTERNATE)
ONE +
ALTERNATE
COUNCIL APPOINTS
DELEGATE AND
ALTERNATE
MEETS TWICE A
YEAR SPRING/FALL
LEAGUE OF
CALIFORNIA CITIES
– GENERAL
ASSEMBLY
MAYOR
MCCONNELL
BREGENZER
(1st Alt)
VERDER-ALIGA
(2nd Alt)
ONE + TWO
ALTERNATES
BYLAWS REQUIRE
COUNCIL APPOINTS
DELEGATE AND TWO
ALTERNATES
AS SET BY LEAGUE
LEAGUE OF
CALIFORNIA CITIES
– NORTH BAY
DIVISION
BREGENZER
VERDER-ALIGA
(ALTERNATE)
ONE +
ALTERNATE
COUNCIL APPOINTS
REPRESENTATIVE
AND ALTERNATE
QUARTERLY
MEETINGS
PLACE AND TIME
TBA
SOLANO COUNTY
MAYOR’S
COMMITTEE
MAYOR
MCCONNELL MAYOR
COMPRISED OF ALL
MAYORS – HAS BEEN
ON LIST IN PAST,
BUT PROBABLY
SHOULD BE
REMOVED
3RD WEDNESDAY
6:00 P.M.
SUISUN
SOLANO STATE
PARKS COMMITTEE PALMARES ONE
COUNCIL
APPOINTED ONE
MEMBER ON 9/10/13
TO REPRESENT CITY
OF VALLEJO
MEETINGS AS
NEEDED
SOLANO 360
IMPLEMENTATION
COMMITTEE
MAYOR
MCCONNELL
BREGENZER
VERDER-ALIGA
(alt, if needed)
TWO MEETINGS AS
NEEDED
MCE CLEAN
ENERGY BOARD
PALMARES
MATULAC (ALT) ONE + ALT.
COUNCIL APPOINTS
TO REPRESENT CITY
OF VALLEJO
3rd THURSDAY OF
THE MONTH ON A
QUARTERLY BASIS
OR AS NEEDED
TRIPARTITE
ADVISORY BOARD MATULAC ONE
ADVISORY TO
SOLANO COUNTY
JPA FOR
HOMELESSNESS
QUARTERLY - 4TH
MONDAY IN JAN,
APR, JULY,& OCT. 2-
4 P.M., FAIRFIELD
COMMUNITY
CENTER
COUNCIL APPOINTMENTS-2023
December 10, 2023
6 APPOINTMENTS TO COUNTY/REGIONAL/INTER-AGENCY/STATE COMMITTEES/BOARDS
NAME OF AGENCY COUNCIL
REPRESENTATIVE
NUMBER OF
APPOINTMENTS NOTES MEETING
INFORMATION
SOLANO COUNTY
TRANSPORTATION
AUTHORITY
MAYOR
MCCONNELL
BREGENZER
(ALTERNATE)
ONE +
ALTERNATE
BYLAWS REQUIRE
BOARD TO BE
COMPRISED OF THE
MAYOR OF THE
SEVEN CITIES, OR A
COUNCIL MEMBER
APPOINTED BY THE
MAYOR OR THE CITY
COUNCIL AS AN
ALTERNATE
2ND WEDNESDAY
6:00 P.M.
TRANSPORATATION
OFFICE
1 HARBOR CENTER,
SUITE 130, SUISUN
SOLANO COUNTY
TRANSIT
(SOLTRANS)
BOARD
MAYOR
MCCONNELL
ARRIOLA
MATULAC
(ALTERNATE)
TWO MEMBERS
+ ONE
ALTERNATE
TWO COUNCIL
MEMBERS + ONE
ALTERNATE FROM
BENICIA AND
VALLEJO + SOLANO
COUNTY MTC REP +
ONE NON-VOTING
STA REP
3RD THURSDAY
4:00 P.M.
VALLEJO CITY
COUNCIL
CHAMBERS OR
BENICIA CITY
COUNCIL
CHAMBERS
SOLANO COUNTY
WATER AGENCY
BOARD
MAYOR
MCCONNELL
LOERA-DIAZ
(ALTERNATE)
MAYOR +
ALTERNATE
MAYOR IS BOARD
MEMBER BY
STATUTE AND
COUNCIL APPOINTS
ALTERNATE
2ND THURSDAY
7:00 P.M.
SOLANO IRRIGATION
DISTRICT OFFICE
509 ELMIRA RD.,
VACAVILLE
SOLANO
ECONOMIC
DEVELOPMENT
CORPORATION
LOERA-DIAZ ONE COUNCIL APPOINTS
BOARD MEMBERS
4TH THURSDAY
9:00 A.M.
BI-MONTHLY
JELLY BELLY
FACTORY
1 JELLY BELLY
LANE, FAIRFIELD
SOLANO WATER
AUTHORITY BOARD
MAYOR
MCCONNELL
LOERA-DIAZ
(ALTERNATE)
MAYOR +
ALTERNATE
COUNCIL APPOINTS
BOARD MEMBER
AND ALTERNATE
MEETS AS NEEDED
SOLANO IRRIGATION
DISTRICT OFFICE
508 ELMIRA RD,
VACAVILLE
SOLANO OPEN
SPACE (SOS)
VERDER-ALIGA
ARRIOLA
(ALTERNATE)
ONE +
ALTERNATE
COUNCIL APPOINTS
BOARD MEMBER
AND ALTERNATE
2ND MONDAY
7:00 P.M.
QUARTERLY
PLACE: TBA
VALLEJO-NAPA
SOLID WASTE
MANAGEMENT
MAYOR
MCCONNELL
ARRIOLA
(ALTERNATE)
ONE +
ALTERNATE
COUNCIL APPOINTS
BOARD MEMBER
AND ALTERNATE
1ST THURSDAY
9:00 A.M.
AMERICAN CANYON
CITY HALL
4381 BROADWAY ST,
SUITE 201
VALLEJO BUSINESS
EDUCATION
ALLIANCE
VERDER-ALIGA
LOERA-DIAZ
(ALTERNATE)
ONE +
ALTERNATE
COUNCIL APPOINTS
BOARD MEMBER
AND ALTERNATE
COUNCIL APPOINTMENTS-2023
December 10, 2023
7 NAME OF AGENCY COUNCIL
REPRESENTATIVE
NUMBER OF
APPOINTMENTS NOTES MEETING
INFORMATION
MULTI-
JURISDICTIONAL
HOMELESS TWO
BY TWO
SUBCOMMITTEE &
REGIONAL
HOMELESS
WORKGROUP
LOERA-DIAZ
VERDER-ALIGA TWO MEMBERS COUNCIL APPOINTS
TWO MEMBERS
SUBCOMMITTEE
(2x2)
MONTHLY, SUBJECT
TO CHANGE
WORKGROUP
BI-WEEKLY,
THURSDAYS, 3-4
P.M., SUBJECT TO
CHANGE
NAPA-SOLANO
AREA AGENCY ON
AGING OVERSIGHT
BOARD
ARRIOLA
VERDER-ALIGA
(ALTERNATE)
ONE MEMBER
COUNCIL
APPOINTMENTS
BOARD MEMBER
AND ALTERNATE
4TH MONDAY
10 A.M. – 12 P.M.
HELD
ALTERNATIVELY IN
NAPA COUNTY &
SOLANO COUNTY
BOARD OF
SUPERVISORS
CHAMBERS