NIAC-NPO-001 05 20
Our maximum aggregate limit of liability for all "Security event" costs and expenses covered by this policy shall be $50,000.
Subpoena Response Expense
We will reimburse an Insured for expenses incurred in responding to a subpoena which the Insured first receives during the term of this policy and has reported in writing to us prior to the incurring of the expenses.
The maximum amount reimbursable under this coverage, regardless of the number of subpoenas or number of insureds receiving subpoenas is $10,000 per policy period.
Terrorism Travel Reimbursement
We will reimburse any current “Member” for necessary and reasonable “Extraordinary travel expense” incurred because of a “Certified Act of Terrorism” during the policy period. This additional coverage is subject to an annual aggregate of $30,000, which is the most we will pay for the sum of all “Extraordinary travel expense” claims under this policy.
Unsatisfied Contributions
We will pay, with respect to an "Unsatisfied contribution", the unpaid balance of a prior written pledge to contribute, up to an annual aggregate amount of $25,000 for all such claims.
This Additional Coverage does not apply to:
1. An “Unsatisfied contribution” from a donor who filed for, or who was in, bankruptcy before you received the donor's written pledge to contribute:
2. Any amount in excess of the fair market value of an “Unsatisfied contribution” of goods, services or property;
3. An “Unsatisfied contribution” where either the donor or you believed at the time of the written pledge that the donor would not be able to contribute the full amount pledged;
4. An “Unsatisfied contribution” arising out of a written pledge made prior to the policy period;
5. An “Unsatisfied contribution” first known to you after the policy period.
Workplace Violence / Crisis Incident / Outside Aggressor We will pay with respect to a “Workplace violence incident”, “Crisis incident”, or “Outside aggressor incident” (collectively referred to herein as the incident) during the policy period and with our prior written consent the following:
1. all reasonable expenses you incur for psychological counseling of your “employee(s)” during the six months following the incident, subject to Exclusion 2.d of Section I, Coverage A within the Commercial General Liability Coverage Form to which this endorsement is attached regarding Workers’ Compensation and similar laws;
2. reimbursement for the cost of the physical damage to or loss of use of personal property used in your business caused by the incident;
3. public relations consultant costs incurred by you within 90 days of the incident; DocuSign Envelope ID: 9FEE570B-5861-4449-AA0C-7DE5113BFA57
NIAC-NPO-001 05 20
4. recruitment costs to replace your employee(s) who were physically present during the incident and are unable to continue working as a result of the incident where such costs are incurred within 90 days of the incident;
5. reimbursement of security costs or measures incurred by you within 30 days of the incident; and
6. reimbursement of funeral costs of up to $10,000 per “employee” as a result of the incident.
Our maximum aggregate limit for all costs and expenses included within the Workplace violence / Crisis incident / Outside aggressor coverage shall be $100,000 per policy period. This coverage shall not be applicable to any cost and/or expense which is covered by any other coverage issued by us to the Named Insured of the policy to which this endorsement is attached.
III. SUPPLEMENTARY PAYMENTS
Bail Bonds
Supplementary Payments – Coverages A and B, Paragraph 1. b. is replaced by the following:
b. Up to $5,000 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.
Investigation or Defense
Supplementary Payments – Coverages A and B, Paragraph 1. d. is replaced by the following:
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 $1,000 a day because of time off from work.
IV. COVERAGE B - PERSONAL AND ADVERTISING INJURY LIABILITY For the purposes of the coverage provided by this endorsement the following Exclusion is added to Coverage B - Personal and Advertising Injury Liability:
2. Exclusions:
q. Fines, Penalties and Damages
Fines, penalties, sanctions, punitive or exemplary damages, the multiplied portion of multiplied damages, non-pecuniary relief or any amount arising from matters deemed uninsurable under the law pursuant to which this policy shall be construed.
V. ADDITIONAL DEFINITIONS
“Certified Act of Terrorism” means an act that is certified by the Secretary of the Treasury, in concurrence with the Secretary of State and the Attorney General of the United States, to be an act of terrorism pursuant to the federal Terrorism Risk Insurance Act of 2002 or any extension or amendment of the Terrorism Risk Insurance Act of 2002 or any similar law.
“Client” means an individual or individuals enrolled or participating in a program, class, activity, and/or receiving services administered, managed, supervised or governed by you.
“Crisis incident” means a dangerous or unsafe event, such as the discharge of pollutants or politically inspired violence at your business premises or at an event sponsored by you, resulting in death or serious DocuSign Envelope ID: 9FEE570B-5861-4449-AA0C-7DE5113BFA57
NIAC-NPO-001 05 20
bodily injury to three or more persons, including a public announcement that a “Crisis incident” has occurred on your business premises or at an event sponsored by you. “Cyber breach management" means hiring for a specified period of time following a "Cyber security event" such organizations as a law firm, an information security firm or a public relations firm, as well as preparation and placement of advertisements and public relations activities. "Cyber security event" means:
1. An act, error or omission that results, during the policy period, in unauthorized access or unauthorized use of your computer system; or
2. Unauthorized or unexpected interference by anyone that restricts or prevents access, during the policy period, to a computer system by persons who are authorized to gain such access; or
3. Infection of your computer system, during the policy period, by corrupting or harmful computer code.
"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.
“Extraordinary travel expense” means necessary and reasonable hotel expense incurred within 48 hours of a “Certified Act of Terrorism” that caused a “Member’s” commercial train trip or airline flight to be cancelled, as well as the increased amount necessarily and reasonably incurred by the “Member” due to rescheduling train or airline transportation that was cancelled as a result of a “Certified Act of Terrorism”.
“Identity theft” means fraudulent use of the social security number or other method of identifying a current “Member”, except the “Organization”, and includes fraudulently using the personal identity of the “Member” to establish credit, secure loans, enter into contracts or commit crimes.
“Identity theft expense” means necessary and reasonable expense for:
1. Costs of re-filing applications for loans, grants or other credit instruments that are rejected solely as the result of an “Identity theft”; or
2. Costs of notarizing affidavits or other similar documents, long distance telephone calls and postage solely as a result of the “Member’s” efforts to report an “Identity Theft” or amend or rectify records with respect to the “Member’s” true name or identity as a result of an “Identity theft”.
“Loss of electronic data" means:
1. Damage to, loss of, loss of use of, corruption of, inability to access or inability to manipulate "electronic data", and
2. "Identity theft".
"Member" means the “Organization” and any natural person who was, is, or becomes duly elected a director or trustee, or duly elected or appointed officer, employee, committee member, volunteer, intern or student in training of the “Organization”, solely in his or her capacities as such. "Member" also means the spouse of a director, trustee, officer, employee, committee member, volunteer, intern or student in training for a claim arising solely out of his or her status as the spouse of a member.
“Organization” means the entity(ies) designated as the Named Insured in the declarations.
DocuSign Envelope ID: 9FEE570B-5861-4449-AA0C-7DE5113BFA57
NIAC-NPO-001 05 20
“Outside aggressor event” means an attack at or adjacent to your business premises by a person or group or persons, not your employee or employees, actively engaged in killing, attempting to kill or causing serious physical injury to a person or group of persons. “Protected health information” means any information, whether oral or recorded in any form or medium:
1. That relates to the past, present or future physical or mental condition of an individual; the provision of health care to an individual; or the past, present or future payment for the provision of health care to an individual;
2. That identifies the individual or with respect to which there is a reasonable basis to believe the information can be used to identify that individual; and
3. as defined within the Health Insurance Portability and Accountability Act of 1996, 42 U.S.C. §1320d-1320d-8 (“HIPAA”) and other similar federal, state or local laws or statutes.
“Relative” means the spouse, parent, child (including a ward or foster child) or legally recognized domestic partner of a “Member”.
"Reward" means the reasonable amount that you pay a person for information regarding a "security event" or threatened or actual extortion covered by this policy; provided that the information is not otherwise available and leads to the arrest and conviction of a person responsible for the “security event” or extortion.
"Security event" means:
1. An act, error or omission that results, during the policy period, in unauthorized access or unauthorized use of your computer system; or
2. Unauthorized or unexpected interference by anyone that restricts or prevents access, during the policy period, to a computer system by persons who are authorized to gain such access; or
3. Infection of your computer system, during the policy period, by corrupting or harmful computer code.
"Unsatisfied contribution" means a contribution of money, goods, services or property, pledged to you in writing, that is not honored because of the donor's bankruptcy, reorganization, unemployment or incapacitation where such bankruptcy, reorganization, unemployment or incapacitation prevents the donor from fulfilling its terms of the contribution.
“Workplace violence incident” means any intentional threat or act of deadly force, including stalking and/or actual or attempted suicide, occurring on your premises and resulting in “bodily injury” to your employee(s), to your guest(s), or to your business invitee(s).
DocuSign Envelope ID: 9FEE570B-5861-4449-AA0C-7DE5113BFA57
IL 00 21 09 08
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
IL 00 21 09 08 © ISO Properties, Inc., 2007 Page 1 of 2
NUCLEAR ENERGY LIABILITY EXCLUSION
ENDORSEMENT
(Broad Form)
This endorsement modifies insurance provided under the following:
COMMERCIAL 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 nucle-
ar energy liability policy issued by Nuclear
Energy Liability Insurance Association, Mu-
tual Atomic Energy Liability Underwriters,
Nuclear Insurance Association of Canada
or any of their successors, or would be an
insured under any such policy but for its
termination upon exhaustion of its limit of li-
ability; 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 inju-
ry" resulting from the "hazardous properties" of
"nuclear material" and arising out of the opera-
tion of a "nuclear facility" by any person or or-
ganization.
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 su ch 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" incl udes radioactive, toxic
or explosive properties.
"Nuclear material" means "source material", "spe-
cial nuclear material" or "by-product material".
DocuSign Envelope ID: 9FEE570B-5861-4449-AA0C-7DE5113BFA57
"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 "nucle-
ar 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 pro-
cessing, 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 plutoni-
um 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.
DocuSign Envelope ID: 9FEE570B-5861-4449-AA0C-7DE5113BFA57
NIAC-E72 01 17 Page 1 of 1
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
OTHER INSURANCE – COVERAGE C
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
____________________________________________________________________________________________
Condition 4. Other Insurance is revised as follows. The first paragraph is deleted in its entirety and is replaced with:
“If other valid and collectible insurance is available to the insured for a loss we cover under Coverages A, B, or C of this Coverage Part, our obligations are limited as follows:”
Additionally, Part b. Excess Insurance is revised to include paragraph (1) as follows:
“(a) (v) Volunteer and Participant Accident Insurance.”
DocuSign Envelope ID: 9FEE570B-5861-4449-AA0C-7DE5113BFA57
POLICY NUMBER: COMMERCIAL GENERAL LIABILITY
CG 24 07 01 96
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CG 24 07 01 96 Copyright, Insurance Services Office, Inc., 1994 Page 1 of 1
PRODUCTS/COMPLETED OPERATIONS HAZARD
REDEFINED
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
SCHEDULE
Description of Premises and Operations:
Any Premises and Operations of the Named Insured.
(If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.)
With respect to "bodily injury" or "property damage"
arising out of "your produc ts" manufactured, sold,
handled or distributed:
1. On, from or in connection with the use of any
premises described in the Schedule, or
2. In connection with the conduct of any operation
described in the Schedule, when conducted by
you or on your behalf,
Paragraph a. of the definition of "Products-completed
operations hazard" in the DEFINITIONS Section is
replaced by the following:
"Products-completed operations hazard":
a. Includes all "bodily injury" and "property dam-
age" that arises out of "your products" if the
"bodily injury" or "property damage" occurs af-
ter you have relinquished possession of those
products.
DocuSign Envelope ID: 9FEE570B-5861-4449-AA0C-7DE5113BFA57
NIAC-E078 11 20 Includes copyrighted material of Insurance Services Office, Inc. with its permission.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
PROFESSIONAL SERVICES - EXCLUSION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE FORM
SCHEDULE
Any and all “professional services”.
This insurance does not apply to “bodily injury”, “property damage”, or “personal and advertising injury” arising out of an act, error or omission committed in the performance of “professional services” by you or by any other person for whose act, error or omission you are legally responsible.
“Professional services” is defined to mean conduct arising out of a vocation, calling, occupation or employment involving specialized knowledge, labor or skill, and the labor or skill involved is predominantly mental or intellectual, rather than physical or manual; including but not limited to acts, errors or omissions committed by individuals in their capacities as an acupuncturist, adoption services employee, aide, assisted-living provider, childcare worker, chiropractor, CNA, counselor, daycare provider, educator, home health aide, instructor, LPN, mentor, nurse assistant, nutritionist, optician, phlebotomist, psychiatrist, psychologist, RN, resident home care provider and supervisors, social worker, teacher, therapist, tutor or veterinarian.
DocuSign Envelope ID: 9FEE570B-5861-4449-AA0C-7DE5113BFA57
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 – Person-
al 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, exist-
ence 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), sili-
ca particles, silica dust or silica compounds.
2. "Silica-related dust" means a mixture or combi-
nation of silica and other dust or particles.
DocuSign Envelope ID: 9FEE570B-5861-4449-AA0C-7DE5113BFA57
POLICY NUMBER: COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED – STATE OR GOVERNMENTAL
AGENCY OR SUBDIVISION OR POLITICAL
SUBDIVISION – PERMITS OR AUTHORIZATIONS
CG 20 12 04 13
2022-76673
Named Insured: Developing Organizing Visions for Eve ryone Any state or political subdivision that issues a permit or authorization to the named insured.
State Or Governmental Agency Or Subdivision Or Political Subdivision:
Subdivision:
SCHEDULE
COMMERCIAL GENERAL LIABILITY COVERAGE PART
This endorsement modifies insurance provided under the following:
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
Section II – Who Is An Insured is amended to
include as an additional insured any state or
governmental agency or subdivision or political
subdivision shown in the Schedule, subject to the
following provisions:
1. This insurance applies only with respect to
operations performed by you or on your behalf
for which the state or governmental agency or
subdivision or political subdivision has issued a
permit or authorization.
However:
a. The insurance afforded to such additional
insured only applies to the extent permitted
by law; and
b. If coverage provided to the additional
insured is required by a contract or
agreement, the insurance afforded to such
additional insured will not be broader than
that which you are required by the contract
or agreement to provide for such additional
insured.
2. This insurance does not apply to:
a. "Bodily injury", "property damage" or
"personal and advertising injury" arising out
of operations performed for the federal
government, state or municipality; or
b. "Bodily injury" or "property damage"
included within the "products-completed
operations hazard".
A.
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.
© Insurance Services Office, Inc., 2012
DocuSign Envelope ID: 9FEE570B-5861-4449-AA0C-7DE5113BFA57
NIAC E5 07 15 Page 1 of 1
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
TRAMPOLINE, BOUNCE HOUSE, REBOUNDING
EQUIPMENT EXCLUSION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
This insurance does not apply to “bodily injury” arising out of the use of trampolines or other rebounding equipment, or inflatable amusement or sports devices, including but not limited to: inflatable slides, bounce houses, moon walks, inflatable wrestling or combatant suits.
This exclusion applies unless coverage for a trampoline, bounce house, rebounding equipment, or inflatable amusement or sports device is scheduled on the policy.
DocuSign Envelope ID: 9FEE570B-5861-4449-AA0C-7DE5113BFA57
NIAC E60 07 12 Page 1 of 1
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
VOLUNTEER MEDICAL PAYMENTS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
____________________________________________________________________________________________
Part 2, Exclusions, of COVERAGE C MEDICAL PAYMENTS is hereby amended to read:
2. Exclusions
a. To any insured, except a volunteer worker while acting at your direction and within the scope of their duties as a volunteer for you.
DocuSign Envelope ID: 9FEE570B-5861-4449-AA0C-7DE5113BFA57
COMMERCIAL GENERAL LIABILITY
CG 20 21 07 98
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CG 20 21 07 98 Copyright, Insurance Services Office, Inc., 1997 Page 1 of 1 /box3
ADDITIONAL INSURED – VOLUNTEER WORKERS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
Section II – Who Is An Insured is amended to in-
clude as an insured any person(s) who are volunteer
worker(s) for you, but only while acting at the direction of, and within the scope of their duties for you. How-
ever, none of these volunteer worker(s) 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 com-
pany), to your other volunteer worker(s) or
to your "employees" arising out of and in the
course of their duties for you;
b. To the spouse, child, parent, brother or
sister of your volunteer worker(s) or your
"employees" as a consequence of Para-
graph 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 Paragraphs 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 exer-
cised for any purpose by
you, any of your other volunteer workers, your
"employees", any partner or member (if you are
a partnership or joint venture), or any member
(if you are a limited liability company).
DocuSign Envelope ID: 9FEE570B-5861-4449-AA0C-7DE5113BFA57
Developing Organizing Visions for Everyone NAMED INSURED:
FORM: NIAC-E26 11 17 POLICY NUMBER: 2022-76673
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY
AGAINST OTHERS (WAIVER OF SUBROGATION)
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SOCIAL SERVICE PROFESSIONAL LIABILITY COVERAGE FORM
This endorsement modifies insurance provided under the following:
Name of Person or Organization:
SCHEDULE
Where you are so required in a written contract or agreement currently in effect or becoming effective during the term of this policy, we waive any right of recovery we may have against that person or organization, who may be named in the schedule above, because of payments we make for injury or damage.
DocuSign Envelope ID: 9FEE570B-5861-4449-AA0C-7DE5113BFA57
NIAC-E131 ISC 05 20 Page 1 of 1
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED – DESIGNATED
PERSON OR ORGANIZATION
This endorsement modifies insurance provided under the following:
IMPROPER SEXUAL CONDUCT AND PHYSICAL ABUSE LIABILITY COVERAGE FORM
SCHEDULE
Name Of Additional Insured Person(s) Or Organization(s)
Any person, entity or organization that you are required to add as an additional insured for claims of “improper sexual conduct” or “physical abuse” under a written contract or agreement currently in effect or becoming effective during the term of this policy.
Section 4 – Who Is An Insured is amended to include as an additional insured the person, entity or organization shown in the Schedule, but only with respect to liability for "bodily injury", arising from “improper sexual conduct” or “physical abuse” caused solely by your operations; which “bodily injury” is caused by an act of “improper sexual conduct” or “physical abuse” committed within the coverage territory and which act of “improper sexual conduct” or “physical abuse” first takes place during the term of the policy to which this endorsement is attached.
DocuSign Envelope ID: 9FEE570B-5861-4449-AA0C-7DE5113BFA57
NIAC-E342 ISC 08 22 Nonprofits Insurance Alliance™ and NONPROFITS OWN® are brands of Alliance Member Services™ (AMS). © AMS. All rights reserved.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ANTI-STACKING CONDITION
This endorsement modifies insurance provided under the following
IMPROPER SEXUAL CONDUCT AND PHYSICAL ABUSE LIABILITY COVERAGE FORM
Section 6 – CONDITIONS, Subsection 4 Other Insurance, Provision d. is replaced, in its entirety, by the following:
d. No coverage shall be afforded by this policy to an “Insured”, other than the First Named Insured identified in the policy Declarations to which this endorsement is attached, if coverage for the claim or “suit” is afforded under any other policy issued by us to that other “Insured”.
Section 6 – Conditions, Subsection 4., Other Insurance, is amended to include:
e. Subject to d. above, if coverage is afforded by this policy, which damages are also covered under any other coverage form within a policy issued by us, the aggregate maximum limit of insurance under all coverages within all policies issued by us applicable to the “claim” or “suit”, shall not exceed the highest applicable limit of insurance under any one coverage within any one policy. We shall, at our discretion identify the policy to which coverage for the submitted claim applies, and such policy shall be the sole and only policy written by us applicable to all such damages, regardless of the number of “Insureds”, claimants, “claims” or “suits”.
Condition 4. d. above does not apply:
1. To any “Insured”, with whom the First Named Insured has agreed to indemnify under a contract or agreement for “damages” because of “bodily injury” arising from “improper sexual conduct” or “physical abuse” for the “claim” or “suit”.
2. To any coverage afforded within a policy issued by us to an “Insured” which specifically applies as excess insurance over the coverage included within the policy to which this endorsement is attached.
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NIAC-E180 ISC 01 21 Includes copyrighted material of Insurance Services Office, Inc. with its permission.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
COMMUNICABLE DISEASE - EXCLUSION
This endorsement modifies insurance provided under the following:
IMPROPER SEXUAL CONDUCT AND PHYSICAL ABUSE LIABILITY COVERAGE FORM
This insurance does not apply to, and we shall have no duty to defend, any “claim”, “claims” or “suit” for “damages” arising out of:
1. The actual or alleged transmission of a “communicable disease”; and/or
2. An act, error or omission by or on behalf of any “insured” in:
a. The supervision, hiring, employment, training or monitoring of any person who transmits, is infected with, and/or alleged to be infected with a “communicable disease”; and/or b. Testing for a “communicable disease”; and/or
c. The actual or alleged failure to prevent the spread of a “communicable disease”; and/or d. The actual or alleged failure to report a “communicable disease” to the authorities, including but not limited to the reporting or failure to report any person who is infected with or is alleged to be infected with a “communicable disease”, and/or any place where there is or is alleged to be a presence or spread of a “communicable disease”.
"Communicable Disease" as used in this endorsement shall mean any contagious disease, illness or syndrome which is or has been transmitted to a person or place by bacteria, virus, fungi, protozoa, a toxic agent or any combination of these.
All other terms and conditions of the Coverage Form to which this endorsement is attached remain unchanged.
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NIAC-E069 ISC 02 19 Page 1 of 1
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
FISCAL SPONSOR LIMITATION OF COVERAGE
This endorsement modifies insurance provided under the following:
IMPROPER SEXUAL CONDUCT AND PHYSICAL ABUSE LIABILITY COVERAGE FORM
This insurance does not apply to “damages” arising out of any act, error or omission committed by or on behalf of an Insured’s status as a “fiscal sponsor” until:
a. The first Named Insured enters into a “fiscal sponsor agreem ent” arising out of or in connection with the first Named Insured’s status as a “fiscal sponsor” for that person, entity or organization; and b. The first Named Insured provides any underwriting informatio n and pays any additional premium required by us.
This insurance does not apply to “damages” that occur before the first Named Insured enters into the “fiscal sponsor agreement” which is applicable to the claim or “suit” in which the “damages” are asserted.
If there is other insurance available to any party pursuant to a “fiscal sponsor agreement“ for “damages” which are covered by this endorsement, including but not limited to a duty to defend the first Named Insured by that other insurance, the coverage provided by this endorsement is excess to that other insurance.
“Fiscal sponsor” is defined to mean the first Named Insured’s s tatus as the entity or organization which offers its legal and tax-exempt status to another person, entity or organization pursuant to a “fiscal sponsor agreement”; who participates in the operations of that person, entity or organization by receiving assets and incurring liabilities for the mutual benefit of pursuing charitable goals; and in consideration for the benefit of that person, entity or organization has assumed responsibility to manage programs, events, revenue, grants, contributions, contracts and/or insurance programs.
“Fiscal sponsor agreement” is defined as a written contract or agreement by the first Named Insured with a person, entity and/or organization in which the first Named Insured agr ees to serve as a “fiscal sponsor” for such person, entity or organization.
.
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IMPROPER SEXUAL CONDUCT AND PHYSICAL ABUSE
LIABILITY COVERAGE FORM
PLEASE READ THE ENTIRE FORM CAREFULLY
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.
The words "we”, "us" and "our" refer to the Company issuing this policy.
The word "insured" means any person or organization qualifying as such under SECTION 4 - WHO IS AN INSURED.
Other words and phrases that appear in quotation marks have special meaning. Refer to SECTION 7- DEFINITIONS.
SECTION 1 - COVERAGES
BODILY INJURY ARISING FROM IMPROPER SEXUAL CONDUCT OR PHYSICAL ABUSE
1. Insuring Agreement.
a. We will pay those sums that an insured becomes legally obligated to pay as “damages” because of "bodily injury" arising from "improper sexual conduct” or “physical abuse”. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under SECTION 3 - OTHER PAYMENTS. SECTION 5 - LIMITS OF INSURANCE includes sums paid for “damages” and OTHER PAYMENTS. The first act of “improper sexual conduct” or “physical abuse” must be committed in the "coverage territory" during the effective dates of this policy’s period. We will have the right and duty to defend any "suit" seeking such “damages”. But:
(1) The amount we will pay for “damages” and SECTION 3 - OTHER PAYMENTS is limited as described in SECTION 5 - LIMITS OF INSURANCE;
(2) We may, at our discretion, investigate and settle any "claim", “claims” or "suit" seeking such “damages”; and
(3) Our right and duty to defend ends when we have exhausted the applicable limits as described in SECTION 5 – LIMITS OF INSURANCE or of items explicitly provided for under SECTION 3 - OTHER PAYMENTS.
b. Any “claim”, "claims" or "suits" for “damages” because of "bodily injury" arising from a single act or a series of continuous or repeated acts of "improper sexual conduct” or “physical abuse” by the same person or two or more persons acting in concert, including “damages” claimed by any person or organization for care, loss of services, or death resulting at any time from "bodily injury" arising from “improper sexual conduct” or “physical abuse”, will be considered as having resulted from the same “improper sexual conduct” or “physical abuse”, which shall be deemed to have been committed on the date of the first such act. The date of the first such act of “improper sexual conduct” or “physical abuse” must take place during the effective dates of this policy.
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SECTION 2 - EXCLUSIONS
1. This insurance does not apply to “bodily injury” arising from “improper sexual conduct” or “physical abuse” to:
a. An employee of an insured;
b. The spouse, parent, brother or sister of an employee of an insured;
c. A “resident relative” under the age of 18 of any employee of an insured, where the “improper sexual conduct” or “physical abuse” is committed or alleged to be committed by that employee.
This exclusion shall not apply when the “bodily injury” is sustained while the claimant is also your client and receiving services that you customarily provide and the “bodily injury” results from those services.
2. This insurance does not apply to "bodily injury" arising from “improper sexual conduct” or “physical abuse” for which an 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” that an insured would have in the absence of the contract or agreement.
3. This insurance does not apply to “bodily injury" arising from “improper sexual conduct” or “physical abuse” which is subject to any obligation of an insured pursuant to a worker’s compensation, disability benefits or unemployment compensation law or any similar law.
4. This insurance does not apply for the benefit of any individual insured who intentionally caused the "bodily injury" that is the subject of the “claim”, “claims” or “suit” or is convicted of a criminal offense as a result of any “improper sexual conduct” or “physical abuse”.
5. This insurance does not provide any coverage for or pay any defense fees or related costs arising from a criminal action or proceeding.
6. This insurance does not apply to "bodily injury" arising from “improper sexual conduct” or “physical abuse” which takes place prior to or after the effective dates of this policy.
7. This insurance does not apply to any “claim”, “claims” or “suit” of “sexual harassment” arising out of the employment status of the claimant.
8. This insurance does not apply to any “claim”, “claims” or “suit” of “sexual harassment” arising out of the volunteer status of the claimant.
9. This insurance does not apply to any “claim”, “claims” or “suit” of “sexual harassment” arising out of the business invitee status of the claimant.
10. This insurance does not apply to any “claim”, “claims” or “suit” for “bodily injury” arising from “improper sexual conduct” or “physical abuse” resulting from an act, error or omission committed in the performance of professional services, except for an insured’s failure to provide professional services to any person or the neglect of the therapeutic needs of any person because of “improper sexual conduct” or “physical abuse” following any form of “improper sexual conduct” or “physical abuse” for which an insured could be legally liable.
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SECTION 3 - OTHER PAYMENTS
THESE PAYMENTS WILL REDUCE THE LIMITS OF INSURANCE.
We will pay, with respect to any "claim", “claims” or "suit" we defend:
1. All expenses we incur, including but not limited to, reasonable and customary attorney fees, costs and disbursements.
2. The cost of a bond or bonds to release attachments, but only for bond amounts within the applicable limit of insurance. We do not have to apply for or furnish the bond or bonds.
3. All reasonable expenses incurred by an insured at our request to assist us in the investigation or defense of the "claim", “claims” or "suit”, including actual loss of earnings up to $100 a day because of time off from work.
4. All costs taxed against an insured in the "suit" but this does not include any attorney’s fees or expert witness fees taxed as costs pursuant to statute.
5. Pre-judgment interest awarded against an 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 pre-judgment interest based on that period of time after the offer.
6. 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.
7. Up to $10,000 to reimburse you for wages paid to your employee who is suspended with pay during the investigation or defense of the “improper sexual conduct” or “physical abuse” allegations.
SECTION 4 - WHO IS AN INSURED
1. If you are designated in the Declarations as:
a. A nonprofit corporation, you are an insured. Your executive officers and directors are insureds, but only with respect to their duties as your executive officers and directors.
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.
2. Each of the following is also an insured:
a. Your employees, volunteers, interns and students-in-training, but only for acts within the scope of their employment, volunteer work, internship or training with you.
b. The legal representative of any insured who has died, but only with respect to the duties of that legal representative as such. That legal representative will have all of the deceased insured’s rights and duties under this policy.
3. Any organization you newly acquire or form, other than a partnership or joint venture over which you maintain ownership or majority ownership or controlling interest, will be deemed to be an insured if there is no other similar insurance available to that organization. However:
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a. Coverage under this provision is afforded only if you notify us before the acquisition of or formation of such organization and agree to pay us an additional premium that we deem appropriate; and
b. Coverage does not apply to "bodily injury" arising from “improper sexual conduct” or “physical abuse” that was 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 or joint venture that is not shown as a Named Insured in the Declarations.
No person is an insured for liability arising out of any “improper sexual conduct” or “physical abuse” that results in a criminal conviction of that person. However, any individual insured who is the subject of a criminal action or proceeding will continue to qualify as an insured under this policy for the civil action alleging “improper sexual conduct” or “physical abuse” until such time as the individual insured is convicted of a criminal offense as a result of “improper sexual conduct” or “physical abuse” or is found to have intentionally caused the “bodily injury” that is the subject of the civil action.
No person is an insured with respect to “bodily injury” resulting from any “improper sexual conduct” or “physical abuse” which arises out of an act, error or omission performed in that person’s capacity or responsibility as a foster parent, adoptive parent or biological parent.
SECTION 5 - 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. “Claim” or "claims" made or "suits" brought; or
c. Persons or organizations making a “claim” or "claims" or bringing a "suit."
2. The General Aggregate Limit is the most we will pay for the sum of all items explicitly provided for under SECTION 3 - OTHER PAYMENTS and all “damages” under this policy.
3. Subject to 1 and 2 above, whichever applies, the Each Claim Limit is the maximum we will pay for the sum of all items explicitly provided for under SECTION 3 - OTHER PAYMENTS and “damages” because of all "bodily injury" sustained by any person or persons arising from "improper sexual conduct” or “physical abuse” committed by any one person or two or more persons acting in concert.
4. Subject to 1, 2, and/or 3 above, whichever applies, the limit for Each Claim is the maximum we will pay for “damages” for "bodily injury" sustained in any one "claim" and includes all derivative “claim” or "claims", including but not limited to, loss of society, loss of companionship, loss of services and loss of consortium.
5. The limits of this coverage apply separately to each consecutive annual period, 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 and will not increase or reinstate the applicable limits of insurance.
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SECTION 6 - CONDITIONS
1. Bankruptcy.
Bankruptcy or insolvency of an insured or of an insured's estate will not relieve us of our obligations under this policy.
2. Your Duties.
a. You must see to it that we are notified as soon as practicable if you become aware of any “improper sexual conduct” or “physical abuse” which may result in a "claim", “claims” or “suit.” To the extent possible, notice should include:
(1) How, when and where the “improper sexual conduct” or “physical abuse” took place;
(2) The names and addresses of any injured persons and witnesses; and
(3) The nature and location of any "bodily injury" arising from the “improper sexual conduct” or “physical abuse”.
b. If a "claim" or “suit” is received by 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 by any means available. 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", “claims” or "suit"; and
(2) Authorize us to obtain records and other information;
(3) Cooperate with us in the investigation, settlement or defense of the "claim", “claims” or "suit"; and
(4) Assist us, upon our request, in the enforcement of any right against any person or organization which may be liable to an insured because of “damages” to which this insurance may 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 medical first aid, without our prior written consent.
3. Legal Action Against Us.
No person or organization has a right under this policy:
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 the coverage provided by this policy unless all of this policy’s 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 obtained after an actual trial; but we will not be liable for “damages” that are not payable DocuSign Envelope ID: 9FEE570B-5861-4449-AA0C-7DE5113BFA57
NIAC-ISCET 05 20 Page 6 of 9
under the terms of this policy or that are in excess of the applicable limit of insurance.
An agreed settlement means a settlement and release of liability signed by us, an insured and the claimant or the claimant's legal representative.
4. Other Insurance.
a. Primary Insurance. This insurance is primary except when 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 c. below.
b. This insurance is excess over:
(1) Any other applicable insurance, whether primary, excess, contingent or on any other basis, that is written on a claims-made basis; or
(2) Any other primary insurance available to any insured covering “damages” arising from “improper sexual conduct” or “physical abuse” for which that insured has been added as an additional insured by an endorsement to that other primary insurance.
When this insurance is excess, we will have no duty under this coverage to defend any “claim”, "claims" or "suit" that any other insurer has a duty to defend. If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against that other insurer or insurers. When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of:
(1) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and
(2) The total of all deductible and self-insured amounts under all that other insurance.
We will share the remaining loss, if any, with any other insurance that is not described in this excess insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage.
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.
d. No coverage shall be afforded by this policy if coverage for the “claim”, “claims” or “suit” is afforded under any other policy issued by us.
5. Premium Audit.
a. We will compute all premiums for this policy in accordance with our rules and rates.
b. The premium shown in this policy as advance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period. Audit premiums are due and payable on notice to you. If the sum of the advance and audit premiums paid for the policy term is greater than the earned premium, we will return the excess you.
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c. You 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 that:
a. The statements in the Application for this insurance and the Declarations to this policy are accurate and complete;
b. Those statements are based upon representations you made to us;
c. We have issued this policy in reliance upon your representations; and
d. You will promptly inform us of any changes in such representations which may occur during this policy’s period.
7. Separation of Insureds.
Except with respect to the SECTION 5 - LIMITS OF INSURANCE, and any rights or duties specifically assigned to the Named Insured, this insurance applies:
a. As if each Named Insured were the only Named Insured; and
b. Separately to each insured against whom a "claim", or “claims” is made or a "suit" is brought.
8. Transfer of Rights of Recovery Against Others to Us.
If an insured has rights to recover all or part of any payment we have made under this policy, those rights are transferred to us. The insured must do nothing after a “claim”, “claims” or “suit” to impair those rights. At our request, the insured will bring legal action or transfer those rights to us and help us enforce them.
9. Your Right to Claim Information.
If requested to do so in writing, we will provide you the following information relating to this and any preceding “improper sexual conduct” or “physical abuse” liability coverage we have issued to you during the previous three years:
a. A list or other record of each "claim" that has been reported to us. We will include the loss date and a brief description of the "claim" if that information was in the notice we received.
b. A summary by policy year, of payments made and amounts reserved, stated separately, under any applicable General Aggregate Limit.
Amounts reserved are based on our judgment. The reserved amounts are subject to change and should not be regarded as ultimate settlement values. If we cancel or elect not to renew this policy, upon receipt of written request, we will provide such information no later than 30 days before the date of policy termination. In other circumstances, we will provide this information only if we receive a written request from you within 60 days after the end of the policy period. In this case, we will provide this information within 45 days of our receipt of this request.
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We compile "claim" information for our own business purposes and exercise reasonable care in doing so. In providing this information to you, we make no representations or warranties to insureds, insurers, or others to whom this information is furnished by or on behalf of any insured. Cancellation or non- renewal will be effective even if we inadvertently provide inaccurate information.
SECTION 7 - DEFINITIONS
1. "Bodily injury" means physical injury, sickness or disease including emotional distress or mental anguish sustained by a person, “Bodily injury” includes death resulting from “improper sexual conduct” or “physical abuse”.
2. "Claim" or "claims" means any demand or "suit" against any insured which seeks “damages” for "bodily injury" arising from "improper sexual conduct” or “physical abuse”. It is understood that the "claim", "claims" or “suit” must result from “improper sexual conduct” or “physical abuse” that is committed during the effective dates of this policy.
3. “Coverage territory" means:
a. The United States of America (including its territories and possessions), Puerto Rico and Canada;
b. International waters or airspace, provided the “bodily injury”’ or “physical abuse” does not occur in the course of travel or transportation to or from any place not included in 3.a. above; or c. All parts of the world if:
(1) The person or persons responsible for the acts of “improper sexual conduct” or “physical abuse” residence is in the territory described in 3.a. above, but is away for a short time on your business; and
(2) The insured's responsibility to pay “damages” is determined in a "suit" on the merits in the territory described in 3.a. above or in a settlement we agree to.
4. "Damages" means the monetary portion of any judgment or award or a settlement to which we have consented, but does not include:
a. Civil or criminal fines, sanctions or penalties;
b. Punitive or exemplary damages;
c. The multiplied portion of multiplied “damages”;
d. Any amount uninsurable under the law pursuant to which this coverage shall be construed; or
e. Equitable relief, including but not limited to, injunctions, restraining orders or restitution, as well as the costs of complying with equitable relief.
5. “Improper sexual conduct” means actual, attempted, or alleged unlawful sexual conduct by one person or two or more persons acting in concert as prohibited by federal or state law, including but not limited to sexual abuse, sexual molestation, sexual assault, sexual battery, sexual exploitation, erotic physical contact, sexual injury, the failure to report an incident of “improper sexual conduct” to the proper authorities, the withholding of pertinent information concerning an incident of “improper sexual conduct” from the proper authorities or the failure to provide professional services to any person or the neglect of the therapeutic needs of any person because of “improper sexual conduct” following any form of “improper sexual conduct” for which an insured could be legally liable.
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Each, every and all actual, threatened or alleged act or acts of “improper sexual conduct” committed by, participated in, directed by, instigated by or knowingly allowed to happen by one person or two or more persons acting in concert shall be considered to be one act of “improper sexual conduct” regardless of:
a. the number of injured parties;
b. the period of time over which the act or acts of “improper sexual conduct” take place; or c. the number of acts of “improper sexual conduct”.
6. “Physical abuse” includes, but is not limited to, any act of actual or threatened assault, including assault with a deadly weapon or force likely to produce bodily harm, battery, unreasonable physical restraint or constraint, the failure to report an incident of “physical abuse” to the proper authorities, the withholding of pertinent information concerning an incident of “physical abuse” from the proper authorities or the failure to provide professional services to any person or the neglect of the therapeutic needs of any person because of “physical abuse” following any form of “physical abuse” for which an insured could be legally liable. Each, every and all actual, threatened or alleged act or acts of “physical abuse” committed by, participated in, directed by, instigated by or knowingly allowed to happen by one person or two or more persons acting in concert shall be considered to be one act of “physical abuse” regardless of:
a. the number of injured parties;
b. the period of time over which the act or acts of “physical abuse” take place; or c. the number of acts of “physical abuse”.
7. "Resident relative" means a person related to any of “your officers, directors, employees, volunteers, interns or students-in-training by blood, marriage, civil union or adoption and who is a member of the household of that officer, director, employee, volunteer, intern or student-in- training. “Resident relative” includes a ward or foster child.
8. “Sexual harassment” means unwelcome sexual advances, requests for sexual favors, or verbal, visual or physical conduct of a sexual nature when such conduct:
a. is linked implicitly or explicitly with a decision affecting the employment status of the past or present employee, volunteer status of the past or present volunteer or the business invitee status of the past or present business invitee of the insured, b. interferes with the job performance of an employee, a volunteer or business invitee of the insured, or
c. creates an intimidating, hostile or offensive working environment for an employee, a volunteer or business invitee of the insured.
9. "Suit" or “suits” means a civil proceeding, including any appeal therefrom, in which “damages” because of "bodily injury" arising from “improper sexual conduct” or “physical abuse” to which this insurance applies are alleged. "Suit" or “suits” includes an arbitration proceeding alleging such “damages” to which you must submit or submit with consent. "Suit" or “suits” does not include any criminal action or proceeding.
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THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
LIBERALIZATION
This endorsement modifies insurance provided under the following:
IMPROPER SEXUAL CONDUCT AND PHYSICAL ABUSE LIABILITY COVERAGE FORM
The following is added to the conditions section:
If we revise this coverage form or its endorsements during this policy period to provide more coverage without an additional premium charge, your policy w ill automatically provide the additional coverage as of the day the revision is effective.
DocuSign Envelope ID: 9FEE570B-5861-4449-AA0C-7DE5113BFA57
Anixter & Oser, Inc.
205 San Marin Drive
Novato, CA 94945-1227
2022-76673 POLICY NUMBER: PRODUCER:
BUSINESS AUTO COVERAGE PART DECLARATIONS
NAME OF INSURED AND MAILING ADDRESS: Item One: Developing Organizing Visions for Everyone 2635 Napa St.
Vallejo, CA 94590
POLICY PERIOD: FROM TO
11/24/2023
AT 12:01 A.M. STANDARD TIME AT YOUR MAILING ADDRESS SHOWN ABOVE BUSINESS DESCRIPTION:
IN RETURN FOR THE PAYMENT OF THE PREMIUM, AND SUBJECT TO ALL THE TERMS OF THIS POLICY, WE AGREE WITH YOU TO PROVIDE THE COVERAGE A S STATED IN THIS POLICY.
SCHEDULE OF COVERAGES AND COVERED AUTOS.
This policy provides only those coverages where a charge is shown in the premium column below. Each of these coverages will apply only to those "autos" shown as covered "autos". "Autos" are shown as covered "autos" for a particular coverage by the entry of one or more of the symbols from the COVERED AUTOS Section of the Business Auto Coverage Form next to the name of the coverage.
Item Two:
11/24/2022
Resource, referral, education for formerly incarcerated
COVERED AUTOS
COVERAGES
Entry of one or more of the symbols from
the COVERED AUTOS Section of the
Business Auto Coverage Form shows
which autos are covered autos.
THE MOST WE WILL PAY FOR ANY
ONE ACCIDENT OR LOSS
PREMIUM
LIABILITY CSL
HIRED AUTO
NONOWNED AUTO
AUTO MEDICAL PAYMENTS
UNINSURED MOTORIST
N/A
8 9
N/A
N/A
EXCLUDED
$1,000,000 CSL
INCLUDED
EXCLUDED
EXCLUDED
N/A
$50
$200
N/A
N/A
LIMIT
UNINSURED MOTORIST-PD EXCLUDED N/A N/A
PHYSICAL DAMAGE
N/A $N/A for each disablement of a private passenger "auto" N/A TOWING AND LABOR FORMS AND ENDORSEMENTS APPLICABLE TO THIS COVERAGE PART AND MADE PART OF THIS POLICY AT THE TIME OF IS SUANCE:
ESTIMATED TOTAL PREMIUM $250
$500
$500
Deductible shown on
supplemental declaration
for each covered auto. See ITEM
THREE for hired or borrowed
autos.
Deductible shown on
supplemental declaration
for each covered auto
applies to loss except caused by
fire or lightning. See ITEM
THREE for hired or borrowed
autos.
Actual
cash value or
cost of repair
whichever
is less
minus
8 8
COLLISION
COVERAGE
COMPREHENSIVE
COVERAGE Incl.
Incl.
CA 00 01 10 13, CA 01 43 05 17, CA 04 44 10 13, CA 20 54 10 13, CA 20 55 10 13, CA 23 84 10 13, CA 23 85 10 13, CA 99 23 10 13, CA 99 33 10 13, CA 99 34 10 13, NIA C-E180 BA 01 21, NIAC-E342 BA 08 22
THESE DECLARATIONS AND THE COMMON POLICY DECLARATIONS, IF APPLICABLE, TOGETHER WITH THE COMMON POLICY CONDITIONS, COVERAGE FORM(S) AND FORMS AND ENDORSEMENTS, IF ANY, ISSUED TO FORM A PART THEREOF, COMPLETE THE ABOVE NUMBERED POLICY.
COUNTERSIGNED: BY
(AUTHORIZED REPRESENTATIVE NIAC - AL
Notice: This risk pooling contract is issued by a pooling arrangement authorized by California Corporations Code Section 5005.1. The pooling arrangement is not subject to all of the insurance laws of the State of California and is not subject to regulation by the Insurance Commissioner. Insurance guaranty funds are not available to pay claims in the event the risk pool becomes insolvent.
11/28/2022
DocuSign Envelope ID: 9FEE570B-5861-4449-AA0C-7DE5113BFA57
BUSINESS AUTO COVERAGE FORM
POLICY NUMBER: SCHEDULE BA
NAME INSURED:
Developing Organizing Visions for Everyone
2022-76673
DEDUCTIBLES apply only if
coverage is provided as
indicated below.
OTHER THAN
COLLISION
COLLISION
CLASS
CODE TERR.
DESCRIPTION
COVERED
AUTO
NO.
YEAR, MODEL, TRADE NAME,
BODYTYPE, SERIAL NUMBER(S) VIN
SCHEDULE OF COVERED AUTOS YOU OWN
TOWING
& LABOR
Limit per
Disablement
Item Three:
N/A NO OWNED AUTOS
PREMIUMS: COVERAGE IS PROVIDED ONLY IF A PREMIUM CHARGE IS INDICATED.
COVERED
AUTO
NO.
NON-
OWNED HIRED LIABILITY MED
PAY
UM/
UIM
PHYSICAL DAMAGE
COLL. COMP.
ADDITIONAL INSURED / LOSS PAYEE:
Except for towing, all physical damage loss is payable
to you and the Loss Payee named below as interest
may appear at the time of loss. See attached
Schedule AI.
TOWING
AND
LABOR
N/A
NO/H 200 50
Hired PD Hired Physical Damage Deductibles:
Comprehensive: $500 Collision: $500
Signature Date
11/28/2022
DocuSign Envelope ID: 9FEE570B-5861-4449-AA0C-7DE5113BFA57
1Page NAME OF INSURED:
POLICY NUMBER: 2022-76673
INDEX OF FORMS ATTACHED TO THE POLICY
Developing Organizing Visions for Everyone
AUTO FORMS AND ENDORSEMENTS FORM NUMBER/EDITION DATE
Business Auto Coverage Form CA 00 01 10 13
California Changes CA 01 43 05 17
Waiver of Transfer of Rights of Recovery Against Others to us (Waiver of Subrogation) CA 04 44 10 13 Employee Hired Autos CA 20 54 10 13
Fellow Employee Coverage CA 20 55 10 13
Exclusion of Terrorism - Auto CA 23 84 10 13
Exclusion of Terrorism - Auto - Involving Nuclear, Biological or Chemical Terrorism CA 23 85 10 13 Rental Reimbursement Coverage CA 99 23 10 13
Employees as Insureds CA 99 33 10 13
Social Service Agencies - Volunteers as Insureds CA 99 34 10 13 Communicable Disease - Exclusion NIAC-E180 BA 01 21
Anti-Stacking Condition NIAC-E342 BA 08 22
This list of forms is not part of the actual policy, but is for your information only.
Please refer to the policy(s) for actual limits, coverages and exclusions.
DocuSign Envelope ID: 9FEE570B-5861-4449-AA0C-7DE5113BFA57
NIAC-E342 BA 08 22 Includes copyrighted material of Insurance Services Office, Inc. with its permission.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ANTI-STACKING CONDITION
This endorsement modifies insurance provided under the following
BUSINESS AUTO COVERAGE FORM
Section IV – BUSINESS AUTO CONDITIONS, Subsection B General Conditions, Provision 8 Two Or More Coverage Forms Or Policies Issued By Us is replaced with the following:
8. a. No coverage shall be afforded by this policy to an “Insured”, other than the First Named Insured identified in the policy Declarations to which this endorsement is attached, if coverage for the claim or “suit” is afforded under any other policy issued by us to that other “Insured”.
b. Subject to a. above, if coverage is afforded by this policy, which damages are also covered under any other coverage form within a policy issued by us, the aggregate maximum limit of insurance under all coverages within all policies issued by us applicable to the claim or “suit”, shall not exceed the highest applicable Limit of Insurance under any one coverage within any one policy. We shall, at our discretion identify the policy to which coverage for the submitted claim applies, and such policy shall be the sole and only policy written by us applicable to all such damages, regardless of the number of “Insureds”, claimants, claims or “suits”.
Condition 8. a. above does not apply:
1. To any “Insured”, with whom the First Named Insured has agreed to indemnify under a contract or agreement for damages because of “bodily injury” or “property damage” for the claim or “suit”.
2. To any coverage afforded within a policy issued by us to an “Insured” which specifically applies as excess insurance over the coverage included within the policy to which this endorsement is attached.
DocuSign Envelope ID: 9FEE570B-5861-4449-AA0C-7DE5113BFA57
COMMERCIAL AUTO
CA 00 01 10 13
CA 00 01 10 13 © Insurance Services Office, Inc., 2011 Page 1 of 12
BUSINESS AUTO 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.
The words "we", "us" and "our" refer to the company
providing this insurance.
Other words and phrases that appear in quotation
marks have special meaning. Refer to Section V –
Definitions.
SECTION I – COVERED AUTOS
Item Two of the Declarations shows the "autos" that
are covered "autos" for each of your coverages. The
following numerical symbols describe the "autos" that
may be covered "autos". The symbols entered next to
a coverage on the Declarations designate the only
"autos" that are covered "autos".
A. Description Of Covered Auto Designation
Symbols
Symbol Description Of Covered Auto Designation Symbols
1 Any "Auto"
2 Owned "Autos"
Only
Only those "autos" you own (and for Covered Autos Liability Coverage any "trailers" you don't own while attached to power units you own). This includes those "autos" you acquire ownership of after the policy begins. 3 Owned Private
Passenger
"Autos" Only
Only the private passenger "autos" you own. This includes those private passenger "autos" you acquire ownership of after the policy begins. 4 Owned
"Autos" Other
Than Private
Passenger
"Autos" Onl
y
Only those "autos" you own that are not of the private passenger type (and for Covered Autos Liability Coverage any "trailers" you don't own while attached to power units you own). This includes those "autos" not of the private passenger type you acquire ownership of after the policy begins.
5 Owned "Autos"
Subject To
No-fault
Only those "autos" you own that are required to have no-fault benefits in the state where they are licensed or principally garaged. This includes those "autos" you acquire ownership of after the policy begins provided they are required to have no- fault benefits in the state where they are licensed or principally garaged. 6 Owned "Autos"
Subject To A
Compulsory
Uninsured
Motorists Law
Only those "autos" you own that because of the law in the state where they are licensed or principally garaged are required to have and cannot reject Uninsured Motorists Coverage. This includes those "autos" you acquire ownership of after the policy begins provided they are subject to the same state uninsured motorists requirement.
7 Specifically
Described
"Autos"
Only those "autos" described in Item Three of the Declarations for which a premium charge is shown (and for Covered Autos Liability Coverage any "trailers" you don't own while attached to any power unit described in Item Three). 8 Hired "Autos"
Only
Only those "autos" you lease, hire, rent or borrow. This does not include any "auto" you lease, hire, rent or borrow from any of your "employees", partners (if you are a partnership), members (if you are a limited liability company) or members of their households.
9 Non-owned
"Autos" Only
Only those "autos" you do not own, lease, hire, rent or borrow that are used in connection with your business. This includes "autos" owned by your "employees", partners (if you are a partnership), members (if you are a limited liability company) or members of their households but only while used in your business or your personal affairs.
DocuSign Envelope ID: 9FEE570B-5861-4449-AA0C-7DE5113BFA57
19 Mobile
Equipment
Subject To
Compulsory Or
Financial
Responsibility
Or Other Motor
Vehicle
Insurance Law
Only
Only those "autos" that are land vehicles and that would qualify under the definition of "mobile equipment" under this policy if they were not subject to a compulsory or financial responsibility law or other motor vehicle insurance law where they are licensed or principally garaged.
B. Owned Autos You Acquire After The Policy
Begins
1. If Symbols 1, 2, 3, 4, 5, 6 or 19 are entered
next to a coverage in Item Two of the
Declarations, then you have coverage for
"autos" that you acquire of the type described
for the remainder of the policy period.
2. But, if Symbol 7 is entered next to a coverage
in Item Two of the Declarations, an "auto" you
acquire will be a covered "auto" for that
coverage only if:
a. We already cover all "autos" that you own
for that coverage or it replaces an "auto"
you previously owned that had that
coverage; and
b. You tell us within 30 days after you acquire
it that you want us to cover it for that
coverage.
C. Certain Trailers, Mobile Equipment And
Temporary Substitute Autos
If Covered Autos Liability Coverage is provided by
this Coverage Form, the following types of
vehicles are also covered "autos" for Covered
Autos Liability Coverage:
1. "Trailers" with a load capacity of 2,000 pounds
or less designed primarily for travel on public
roads.
2. "Mobile equipment" while being carried or
towed by a covered "auto".
3. Any "auto" you do not own while used with the
permission of its owner as a temporary
substitute for a covered "auto" you own that is
out of service because of its:
a. Breakdown;
b. Repair;
c. Servicing;
d. "Loss"; or
e. Destruction.
SECTION II – COVERED AUTOS LIABILITY
COVERAGE
A. Coverage
We will pay all sums an "insured" legally must pay
as damages because of "bodily injury" or "property
damage" to which this insurance applies, caused
by an "accident" and resulting from the ownership,
maintenance or use of a covered "auto".
We will also pay all sums an "insured" legally must
pay as a "covered pollution cost or expense" to
which this insurance applies, caused by an
"accident" and resulting from the ownership,
maintenance or use of covered "autos". However,
we will only pay for the "covered pollution cost or
expense" if there is either "bodily injury" or
"property damage" to which this insurance applies
that is caused by the same "accident".
We have the right and duty to defend any
"insured" against a "suit" asking for such damages
or a "covered pollution cost or expense". However,
we have no duty to defend any "insured" against a
"suit" seeking damages for "bodily injury" or
"property damage" or a "covered pollution cost or
expense" to which this insurance does not apply.
We may investigate and settle any claim or "suit"
as we consider appropriate. Our duty to defend or
settle ends when the Covered Autos Liability
Coverage Limit of Insurance has been exhausted
by payment of judgments or settlements.
1. Who Is An Insured
The following are "insureds":
a. You for any covered "auto".
b. Anyone else while using with your
permission a covered "auto" you own, hire
or borrow except:
(1) The owner or anyone else from whom
you hire or borrow a covered "auto".
This exception does not apply if the
covered "auto" is a "trailer" connected to
a covered "auto" you own.
DocuSign Envelope ID: 9FEE570B-5861-4449-AA0C-7DE5113BFA57
CA 00 01 10 13 © Insurance Services Office, Inc., 2011 Page 3 of 12 (2) Your "employee" if the covered "auto" is
owned by that "employee" or a member
of his or her household.
(3) Someone using a covered "auto" while
he or she is working in a business of
selling, servicing, repairing, parking or
storing "autos" unless that business is
yours.
(4) Anyone other than your "employees",
partners (if you are a partnership),
members (if you are a limited liability
company) or a lessee or borrower or
any of their "employees", while moving
property to or from a covered "auto".
(5) A partner (if you are a partnership) or a
member (if you are a limited liability
company) for a covered "auto" owned by
him or her or a member of his or her
household.
c. Anyone liable for the conduct of an
"insured" described above but only to the
extent of that liability.
2. Coverage Extensions
a. Supplementary Payments
We will pay for the "insured":
(1) All expenses we incur.
(2) Up to $2,000 for cost of bail bonds
(including bonds for related traffic law
violations) required because of an
"accident" we cover. We do not have to
furnish these bonds.
(3) The cost of bonds to release
attachments in any "suit" against the
"insured" we defend, but only for bond
amounts within our Limit of Insurance.
(4) All reasonable expenses incurred by the
"insured" at our request, including actual
loss of earnings up to $250 a day
because of time off from work.
(5) All court costs taxed against the
"insured" in any "suit" against the
"insured" we defend. However, these
payments do not include attorneys' fees
or attorneys' expenses taxed against the
"insured".
(6) All interest on the full amount of any
judgment that accrues after entry of the
judgment in any "suit" against the
"insured" we defend, but our duty to pay
interest ends when we have paid,
offered to pay or deposited in court the
part of the judgment that is within our
Limit of Insurance.
These payments will not reduce the Limit of
Insurance.
b. Out-of-state Coverage Extensions
While a covered "auto" is away from the
state where it is licensed, we will:
(1) Increase the Limit of Insurance for
Covered Autos Liability Coverage to
meet the limits specified by a
compulsory or financial responsibility
law of the jurisdiction where the covered
"auto" is being used. This extension
does not apply to the limit or limits
specified by any law governing motor
carriers of passengers or property.
(2) Provide the minimum amounts and
types of other coverages, such as no-
fault, required of out-of-state vehicles by
the jurisdiction where the covered "auto"
is being used.
We will not pay anyone more than once for
the same elements of loss because of
these extensions.
B. Exclusions
This insurance does not apply to any of the
following:
1. Expected Or Intended Injury
"Bodily injury" or "property damage" expected
or intended from the standpoint of the
"insured".
2. Contractual
Liability assumed under any contract or
agreement.
But this exclusion does not apply to liability for
damages:
a. 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; or
b. That the "insured" would have in the
absence of the contract or agreement.
3. Workers' Compensation
Any obligation for which the "insured" or the
"insured's" insurer may be held liable under
any workers' compensation, disability benefits
or unemployment compensation law or any
similar law.
DocuSign Envelope ID: 9FEE570B-5861-4449-AA0C-7DE5113BFA57
4. Employee Indemnification And Employer's
Liability
"Bodily injury" to:
a. An "employee" of the "insured" arising out
of and in the course of:
(1) Employment by the "insured"; or
(2) Performing the duties related to the
conduct of the "insured's" business; or
b. The spouse, child, parent, brother or sister
of that "employee" as a consequence of
Paragraph a. above.
This exclusion applies:
(1) Whether the "insured" may be liable as
an employer or in any other capacity;
and
(2) To any obligation to share damages with
or repay someone else who must pay
damages because of the injury.
But this exclusion does not apply to "bodily
injury" to domestic "employees" not entitled to
workers' compensation benefits or to liability
assumed by the "insured" under an "insured
contract". For the purposes of the Coverage
Form, a domestic "employee" is a person
engaged in household or domestic work
performed principally in connection with a
residence premises.
5. Fellow Employee
"Bodily injury" to:
a. Any fellow "employee" of the "insured"
arising out of and in the course of the fellow
"employee's" employment or while
performing duties related to the conduct of
your business; or
b. The spouse, child, parent, brother or sister
of that fellow "employee" as a consequence
of Paragraph a. above.
6. Care, Custody Or Control
"Property damage" to or "covered pollution cost
or expense" involving property owned or
transported by the "insured" or in the
"insured's" care, custody or control. But this
exclusion does not apply to liability assumed
under a sidetrack agreement.
7. Handling Of Property
"Bodily injury" or "property damage" resulting
from the handling of property:
a. Before it is moved from the place where it is
accepted by the "insured" for movement
into or onto the covered "auto"; or
b. After it is moved from the covered "auto" to
the place where it is finally delivered by the
"insured".
8. Movement Of Property By Mechanical
Device
"Bodily injury" or "property damage" resulting
from the movement of property by a
mechanical device (other than a hand truck)
unless the device is attached to the covered
"auto".
9. Operations
"Bodily injury" or "property damage" arising out
of the operation of:
a. Any equipment listed in Paragraphs 6.b.
and 6.c. of the definition of "mobile
equipment"; or
b. Machinery or equipment that is on, 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.
10. Completed Operations
"Bodily injury" or "property damage" arising out
of your work after that work has been
completed or abandoned.
In this exclusion, your work means:
a. Work or operations performed by you or on
your behalf; and
b. Materials, parts or equipment furnished in
connection with such work or operations.
Your work includes warranties or
representations made at any time with respect
to the fitness, quality, durability or performance
of any of the items included in Paragraph a. or
b. above.
Your work will be deemed completed at the
earliest of the following times:
(1) When all of the work called for in your
contract has been completed;
(2) When all of the work to be done at the
site has been completed if your contract
calls for work at more than one site; or
(3) 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.
DocuSign Envelope ID: 9FEE570B-5861-4449-AA0C-7DE5113BFA57
CA 00 01 10 13 © Insurance Services Office, Inc., 2011 Page 5 of 12 Work that may need service, maintenance,
correction, repair or replacement, but which is
otherwise complete, will be treated as
completed.
11. Pollution
"Bodily injury" or "property damage" arising out
of the actual, alleged or threatened discharge,
dispersal, seepage, migration, release or
escape of "pollutants":
a. That are, or that are contained in any
property that is:
(1) Being transported or towed by, handled
or handled for movement into, onto or
from the covered "auto";
(2) Otherwise in the course of transit by or
on behalf of the "insured"; or
(3) Being stored, disposed of, treated or
processed in or upon the covered
"auto";
b. Before the "pollutants" or any property in
which the "pollutants" are contained are
moved from the place where they are
accepted by the "insured" for movement
into or onto the covered "auto"; or
c. After the "pollutants" or any property in
which the "pollutants" are contained are
moved from the covered "auto" to the place
where they are finally delivered, disposed of
or abandoned by the "insured".
Paragraph a. above does not apply to fuels,
lubricants, fluids, exhaust gases or other
similar "pollutants" that are needed for or result
from the normal electrical, hydraulic or
mechanical functioning of the covered "auto" or
its parts if:
(1) The "pollutants" escape, seep, migrate
or are discharged, dispersed or released
directly from an "auto" part designed by
its manufacturer to hold, store, receive
or dispose of such "pollutants"; and
(2) The "bodily injury", "property damage" or
"covered pollution cost or expense"
does not arise out of the operation of
any equipment listed in Paragraphs 6.b.
and 6.c. of the definition of "mobile
equipment".
Paragraphs b. and c. above of this exclusion
do not apply to "accidents" that occur away
from premises owned by or rented to an
"insured" with respect to "pollutants" not in or
upon a covered "auto" if:
(a) The "pollutants" or any property in
which the "pollutants" are contained
are upset, overturned or damaged as
a result of the maintenance or use of
a covered "auto"; and
(b) The discharge, dispersal, seepage,
migration, release or escape of the
"pollutants" is caused directly by
such upset, overturn or damage.
12. War
"Bodily injury" or "property damage" arising
directly or indirectly out of:
a. War, including undeclared or civil war;
b. Warlike action by a military force, including
action in hindering or defending against an
actual or expected attack, by any
government, sovereign or other authority
using military personnel or other agents; or
c. Insurrection, rebellion, revolution, usurped
power or action taken by governmental
authority in hindering or defending against
any of these.
13. Racing
Covered "autos" while used in any professional
or organized racing or demolition contest or
stunting activity, or while practicing for such
contest or activity. This insurance also does
not apply while that covered "auto" is being
prepared for such a contest or activity.
C. Limit Of Insurance
Regardless of the number of covered "autos",
"insureds", premiums paid, claims made or
vehicles involved in the "accident", the most we
will pay for the total of all damages and "covered
pollution cost or expense" combined resulting from
any one "accident" is the Limit Of Insurance for
Covered Autos Liability Coverage shown in the
Declarations.
DocuSign Envelope ID: 9FEE570B-5861-4449-AA0C-7DE5113BFA57
All "bodily injury", "property damage" and "covered
pollution cost or expense" resulting from
continuous or repeated exposure to substantially
the same conditions will be considered as
resulting from one "accident".
No one will be entitled to receive duplicate
payments for the same elements of "loss" under
this Coverage Form and any Medical Payments
Coverage endorsement, Uninsured Motorists
Coverage endorsement or Underinsured Motorists
Coverage endorsement attached to this Coverage
Part.
SECTION III – PHYSICAL DAMAGE COVERAGE
A. Coverage
1. We will pay for "loss" to a covered "auto" or its
equipment under:
a. Comprehensive Coverage
From any cause except:
(1) The covered "auto's" collision with
another object; or
(2) The covered "auto's" overturn.
b. Specified Causes Of Loss Coverage
Caused by:
(1) Fire, lightning or explosion;
(2) Theft;
(3) Windstorm, hail or earthquake;
(4) Flood;
(5) Mischief or vandalism; or
(6) The sinking, burning, collision or
derailment of any conveyance
transporting the covered "auto".
c. Collision Coverage
Caused by:
(1) The covered "auto's" collision with
another object; or
(2) The covered "auto's" overturn.
2. Towing
We will pay up to the limit shown in the
Declarations for towing and labor costs
incurred each time a covered "auto" of the
private passenger type is disabled. However,
the labor must be performed at the place of
disablement.
3. Glass Breakage – Hitting A Bird Or Animal –
Falling Objects Or Missiles
If you carry Comprehensive Coverage for the
damaged covered "auto", we will pay for the
following under Comprehensive Coverage:
a. Glass breakage;
b. "Loss" caused by hitting a bird or animal;
and
c. "Loss" caused by falling objects or missiles.
However, you have the option of having glass
breakage caused by a covered "auto's"
collision or overturn considered a "loss" under
Collision Coverage.
4. Coverage Extensions
a. Transportation Expenses
We will pay up to $20 per day, to a
maximum of $600, for temporary
transportation expense incurred by you
because of the total theft of a covered
"auto" of the private passenger type. We
will pay only for those covered "autos" for
which you carry either Comprehensive or
Specified Causes Of Loss Coverage. We
will pay for temporary transportation
expenses incurred during the period
beginning 48 hours after the theft and
ending, regardless of the policy's expiration,
when the covered "auto" is returned to use
or we pay for its "loss".
b. Loss Of Use Expenses
For Hired Auto Physical Damage, we will
pay expenses for which an "insured"
becomes legally responsible to pay for loss
of use of a vehicle rented or hired without a
driver under a written rental contract or
agreement. We will pay for loss of use
expenses if caused by:
(1) Other than collision only if the
Declarations indicates that
Comprehensive Coverage is provided
for any covered "auto";
(2) Specified Causes Of Loss only if the
Declarations indicates that Specified
Causes Of Loss Coverage is provided
for any covered "auto"; or
DocuSign Envelope ID: 9FEE570B-5861-4449-AA0C-7DE5113BFA57
CA 00 01 10 13 © Insurance Services Office, Inc., 2011 Page 7 of 12 (3) Collision only if the Declarations
indicates that Collision Coverage is
provided for any covered "auto".
However, the most we will pay for any
expenses for loss of use is $20 per day, to
a maximum of $600.
B. Exclusions
1. We will not pay for "loss" caused by or resulting
from any of the following. Such "loss" is
excluded regardless of any other cause or
event that contributes concurrently or in any
sequence to the "loss".
a. Nuclear Hazard
(1) The explosion of any weapon employing
atomic fission or fusion; or
(2) Nuclear reaction or radiation, or
radioactive contamination, however
caused.
b. War Or Military Action
(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.
2. We will not pay for "loss" to any covered "auto"
while used in any professional or organized
racing or demolition contest or stunting activity,
or while practicing for such contest or activity.
We will also not pay for "loss" to any covered
"auto" while that covered "auto" is being
prepared for such a contest or activity.
3. We will not pay for "loss" due and confined to:
a. Wear and tear, freezing, mechanical or
electrical breakdown.
b. Blowouts, punctures or other road damage
to tires.
This exclusion does not apply to such "loss"
resulting from the total theft of a covered
"auto".
4. We will not pay for "loss" to any of the
following:
a. Tapes, records, discs or other similar audio,
visual or data electronic devices designed
for use with audio, visual or data electronic
equipment.
b. Any device designed or used to detect
speed-measuring equipment, such as radar
or laser detectors, and any jamming
apparatus intended to elude or disrupt
speed-measuring equipment.
c. Any electronic equipment, without regard to
whether this equipment is permanently
installed, that reproduces, receives or
transmits audio, visual or data signals.
d. Any accessories used with the electronic
equipment described in Paragraph c.
above.
5. Exclusions 4.c. and 4.d. do not apply to
equipment designed to be operated solely by
use of the power from the "auto's" electrical
system that, at the time of "loss", is:
a. Permanently installed in or upon the
covered "auto";
b. Removable from a housing unit which is
permanently installed in or upon the
covered "auto";
c. An integral part of the same unit housing
any electronic equipment described in
Paragraphs a. and b. above; or
d. Necessary for the normal operation of the
covered "auto" or the monitoring of the
covered "auto's" operating system.
6. We will not pay for "loss" to a covered "auto"
due to "diminution in value".
C. Limits Of Insurance
1. The most we will pay for:
a. "Loss" to any one covered "auto" is the
lesser of:
(1)
The actual cash value of the damaged
or stolen property as of the time of the
"loss"; or
(2) The cost of repairing or replacing the
damaged or stolen property with other
property of like kind and quality.
b. All electronic equipment that reproduces,
receives or transmits audio, visual or data
signals in any one "loss" is $1,000, if, at the
time of "loss", such electronic equipment is:
(1) Permanently installed in or upon the
covered "auto" in a housing, opening or
other location that is not normally used
by the "auto" manufacturer for the
installation of such equipment;
DocuSign Envelope ID: 9FEE570B-5861-4449-AA0C-7DE5113BFA57
(2) Removable from a permanently installed
housing unit as described in Paragraph
b.(1) above; or
(3) An integral part of such equipment as
described in Paragraphs b.(1) and b.(2)
above.
2. An adjustment for depreciation and physical
condition will be made in determining actual
cash value in the event of a total "loss".
3. If a repair or replacement results in better than
like kind or quality, we will not pay for the
amount of the betterment.
D. Deductible
For each covered "auto", our obligation to pay for,
repair, return or replace damaged or stolen
property will be reduced by the applicable
deductible shown in the Declarations. Any
Comprehensive Coverage deductible shown in the
Declarations does not apply to "loss" caused by
fire or lightning.
SECTION IV – BUSINESS AUTO CONDITIONS
The following conditions apply in addition to the
Common Policy Conditions:
A. Loss Conditions
1. Appraisal For Physical Damage Loss
If you and we disagree on the amount of "loss",
either may demand an appraisal of the "loss".
In this event, each party will select a competent
appraiser. The two appraisers will select a
competent and impartial umpire. The
appraisers will state separately the actual cash
value and amount of "loss". If they fail to agree,
they will submit their differences to the umpire.
A decision agreed to by any two will be
binding. Each party will:
a. Pay its chosen appraiser; and
b. Bear the other expenses of the appraisal
and umpire equally.
If we submit to an appraisal, we will still retain
our right to deny the claim.
2. Duties In The Event Of Accident, Claim, Suit
Or Loss
We have no duty to provide coverage under
this policy unless there has been full
compliance with the following duties:
a. In the event of "accident", claim, "suit" or
"loss", you must give us or our authorized
representative prompt notice of the
"accident" or "loss". Include:
(1) How, when and where the "accident" or
"loss" occurred;
(2) The "insured's" name and address; and
(3) To the extent possible, the names and
addresses of any injured persons and
witnesses.
b. Additionally, you and any other involved
"insured" must:
(1) Assume no obligation, make no
payment or incur no expense without
our consent, except at the "insured's"
own cost.
(2) Immediately send us copies of any
request, demand, order, notice,
summons or legal paper received
concerning the claim or "suit".
(3) Cooperate with us in the investigation or
settlement of the claim or defense
against the "suit".
(4) Authorize us to obtain medical records
or other pertinent information.
(5) Submit to examination, at our expense,
by physicians of our choice, as often as
we reasonably require.
c. If there is "loss" to a covered "auto" or its
equipment, you must also do the following:
(1) Promptly notify the police if the covered
"auto" or any of its equipment is stolen.
(2) Take all reasonable steps to protect the
covered "auto" from further damage.
Also keep a record of your expenses for
consideration in the settlement of the
claim.
(3) Permit us to inspect the covered "auto"
and records proving the "loss" before its
repair or disposition.
(4) Agree to examinations under oath at our
request and give us a signed statement
of your answers.
3. Legal Action Against Us
No one may bring a legal action against us
under this Coverage Form until:
a. There has been full compliance with all the
terms of this Coverage Form; and
b. Under Covered Autos Liability Coverage,
we agree in writing that the "insured" has an
obligation to pay or until the amount of that
obligation has finally been determined by
judgment after trial. No one has the right
under this policy to bring us into an action
to determine the "insured's" liability.
DocuSign Envelope ID: 9FEE570B-5861-4449-AA0C-7DE5113BFA57
CA 00 01 10 13 © Insurance Services Office, Inc., 2011 Page 9 of 12
4. Loss Payment – Physical Damage
Coverages
At our option, we may:
a. Pay for, repair or replace damaged or
stolen property;
b. Return the stolen property, at our expense.
We will pay for any damage that results to
the "auto" from the theft; or
c. Take all or any part of the damaged or
stolen property at an agreed or appraised
value.
If we pay for the "loss", our payment will
include the applicable sales tax for the
damaged or stolen property.
5. Transfer Of Rights Of Recovery Against
Others To Us
If any person or organization to or for whom we
make payment under t his Coverage Form has
rights to recover damages from another, those
rights are transferred to us. That person or
organization must do everything necessary to
secure our rights and must do nothing after
"accident" or "loss" to impair them.
B. General Conditions
1. Bankruptcy
Bankruptcy or insolvency of the "insured" or the
"insured's" estate will not relieve us of any
obligations under this Coverage Form.
2. Concealment, Misrepresentation Or Fraud
This Coverage Form is void in any case of
fraud by you at any time as it relates to this
Coverage Form. It is also void if you or any
other "insured", at any time, intentionally
conceals or misrepresents a material fact
concerning:
a. This Coverage Form;
b. The covered "auto";
c. Your interest in the covered "auto"; or
d. A claim under this Coverage Form.
3. Liberalization
If we revise this Coverage Form to provide
more coverage without additional premium
charge, your policy will automatically provide
the additional coverage as of the day the
revision is effective in your state.
4. No Benefit To Bailee – Physical Damage
Coverages
We will not recognize any assignment or grant
any coverage for the benefit of any person or
organization holding, storing or transporting
property for a fee regardless of any other
provision of this Coverage Form.
5. Other Insurance
a. For any covered "auto" you own, this
Coverage Form provides primary
insurance. For any covered "auto" you don't
own, the insurance provided by this
Coverage Form is excess over any other
collectible insurance. However, while a
covered "auto" which is a "trailer" is
connected to another vehicle, the Covered
Autos Liability Coverage this Coverage
Form provides for the "trailer" is:
(1) Excess while it is connected to a motor
vehicle you do not own; or
(2) Primary while it is connected to a
covered "auto" you own.
b. For Hired Auto Physical Damage Coverage,
any covered "auto" you lease, hire, rent or
borrow is deemed to be a covered "auto"
you own. However, any "auto" that is
leased, hired, rented or borrowed with a
driver is not a covered "auto".
c. Regardless of the provisions of Paragraph
a. above, this Coverage Form's Covered
Autos Liability Coverage is primary for any
liability assumed under an "insured
contract".
d. When this Coverage Form and any other
Coverage Form or policy covers on the
same basis, either excess or primary, we
will pay only our share. Our share is the
proportion that the Limit of Insurance of our
Coverage Form bears to the total of the
limits of all the Coverage Forms and
policies covering on the same basis.
6. Premium Audit
a. The estimated premium for this Coverage
Form is based on the exposures you told us
you would have when this policy began. We
will compute the final premium due when
we determine your actual exposures. The
estimated total premium will be credited
against the final premium due and the first
Named Insured will be billed for the
balance, if any. The due date for the final
premium or retrospective premium is the
date shown as the due date on the bill. If
the estimated total premium exceeds the
final premium due, the first Named Insured
will get a refund.
b.
If this policy is issued for more than one
year, the premium for this Coverage Form
will be computed annually based on our
rates or premiums in effect at the beginning
of each year of the policy.
DocuSign Envelope ID: 9FEE570B-5861-4449-AA0C-7DE5113BFA57
7. Policy Period, Coverage Territory
Under this Coverage Form, we cover
"accidents" and "losses" occurring:
a. During the policy period shown in the
Declarations; and
b. Within the coverage territory.
The coverage territory is:
(1) The United States of America;
(2) The territories and possessions of the
United States of America;
(3) Puerto Rico;
(4) Canada; and
(5) Anywhere in the world if a covered
"auto" of the private passenger type is
leased, hired, rented or borrowed
without a driver for a period of 30 days
or less,
provided that the "insured's" responsibility to
pay damages is determined in a "suit" on the
merits, in the United States of America, the
territories and possessions of the United States
of America, Puerto Rico or Canada, or in a
settlement we agree to.
We also cover "loss" to, or "accidents"
involving, a covered "auto" while being
transported between any of these places.
8. Two Or More Coverage Forms Or Policies
Issued By Us
If this Coverage Form and any other Coverage
Form or policy issued to you by us or any
company affiliated with us applies to the same
"accident", the aggregate maximum Limit of
Insurance under all the Coverage Forms or
policies shall not exceed the highest applicable
Limit of Insurance under any one Coverage
Form or policy. This condition does not apply to
any Coverage Form or policy issued by us or
an affiliated company specifically to apply as
excess insurance over this Coverage Form.
SECTION V – DEFINITIONS
A. "Accident" includes continuous or repeated
exposure to the same conditions resulting in
"bodily injury" or "property damage".
B. "Auto" means:
1. A land motor vehicle, "trailer" or semitrailer
designed for travel on public roads; or
2. Any other land vehicle that is subject to a
compulsory or financial responsibility law or
other motor vehicle insurance law where it is
licensed or principally garaged.
However, "auto" does not include "mobile
equipment".
C. "Bodily injury" means bodily injury, sickness or
disease sustained by a person, including death
resulting from any of these.
D. "Covered pollution cost or expense" means any
cost or expense arising out of:
1. Any 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. Any 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".
"Covered pollution cost or expense" does not
include any cost or expense arising out of the
actual, alleged or threatened discharge, dispersal,
seepage, migration, release or escape of
"pollutants":
a. That are, or that are contained in any
property that is:
(1) Being transported or towed by, handled
or handled for movement into, onto or
from the covered "auto";
(2) Otherwise in the course of transit by or
on behalf of the "insured"; or
(3) Being stored, disposed of, treated or
processed in or upon the covered
"auto";
b. Before the "pollutants" or any property in
which the "pollutants" are contained are
moved from the place where they are
accepted by the "insured" for movement
into or onto the covered "auto"; or
c. After the "pollutants" or any property in
which the "pollutants" are contained are
moved from the covered "auto" to the place
where they are finally delivered, disposed of
or abandoned by the "insured".
DocuSign Envelope ID: 9FEE570B-5861-4449-AA0C-7DE5113BFA57
CA 00 01 10 13 © Insurance Services Office, Inc., 2011 Page 11 of 12 Paragraph a. above does not apply to fuels,
lubricants, fluids, exhaust gases or other
similar "pollutants" that are needed for or result
from the normal electrical, hydraulic or
mechanical functioning of the covered "auto" or
its parts, if:
(1) The "pollutants" escape, seep, migrate
or are discharged, dispersed or released
directly from an "auto" part designed by
its manufacturer to hold, store, receive
or dispose of such "pollutants"; and
(2) The "bodily injury", "property damage" or
"covered pollution cost or expense"
does not arise out of the operation of
any equipment listed in Paragraph 6.b.
or 6.c. of the definition of "mobile
equipment".
Paragraphs b. and c. above do not apply to
"accidents" that occur away from premises
owned by or rented to an "insured" with respect
to "pollutants" not in or upon a covered "auto"
if:
(a) The "pollutants" or any property in
which the "pollutants" are contained
are upset, overturned or damaged as
a result of the maintenance or use of
a covered "auto"; and
(b) The discharge, dispersal, seepage,
migration, release or escape of the
"pollutants" is caused directly by
such upset, overturn or damage.
E. "Diminution in value" means the actual or
perceived loss in market value or resale value
which results from a direct and accidental "loss".
F. "Employee" includes a "leased worker".
"Employee" does not include a "temporary
worker".
G. "Insured" means any person or organization
qualifying as an insured in the Who Is An Insured
provision of the applicable coverage. Except with
respect to the Limit of Insurance, the coverage
afforded applies separately to each insured who is
seeking coverage or against whom a claim or
"suit" is brought.
H. "Insured contract" means:
1. A lease of premises;
2. A sidetrack agreement;
3. Any easement or license agreement, except in
connection with construction or demolition
operations on or within 50 feet of a railroad;
4. An obligation, as required by ordinance, to
indemnify a municipality, except in connection
with work for a municipality;
5. 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 to
pay for "bodily injury" or "property damage" to a
third party or organization. Tort liability means
a liability that would be imposed by law in the
absence of any contract or agreement; or
6. That part of any contract or agreement entered
into, as part of your business, pertaining to the
rental or lease, by you or any of your
"employees", of any "auto". However, such
contract or agreement shall not be considered
an "insured contract" to the extent that it
obligates you or any of your "employees" to
pay for "property damage" to any "auto" rented
or leased by you or any of your "employees".
An "insured contract" does not include that part of
any contract or agreement:
a. 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, roadbeds, tunnel, underpass or
crossing;
b. That pertains to the loan, lease or rental of
an "auto" to you or any of your
"employees", if the "aut o" is loaned, leased
or rented with a driver; or
c. That holds a person or organization
engaged in the business of transporting
property by "auto" for hire harmless for your
use of a covered "auto" over a route or
territory that person or organization is
authorized to serve by public authority.
I. "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".
J. "Loss" means direct and accidental loss or
damage.
K. "Mobile equipment" means any of the following
types of land vehicles, including any attached
machinery or equipment:
1. Bulldozers, farm machinery, forklifts and other
vehicles designed for use principally off public
roads;
2. Vehicles maintained for use solely on or next to
premises you own or rent;
3. Vehicles that travel on crawler treads;
DocuSign Envelope ID: 9FEE570B-5861-4449-AA0C-7DE5113BFA57
4. Vehicles, whether self-propelled or not,
maintained primarily to provide mobility to
permanently mounted:
a. Power cranes, shovels, loaders, diggers or
drills; or
b. Road construction or resurfacing equipment
such as graders, scrapers or rollers;
5. Vehicles not described in Paragraph 1., 2., 3.
or 4. above that are not self-propelled and are
maintained primarily to provide mobility to
permanently attached equipment of the
following types:
a. Air compressors, pumps and generators,
including spraying, welding, building
cleaning, geophysical exploration, lighting
and well-servicing equipment; or
b. Cherry pickers and similar devices used to
raise or lower workers; or
6. Vehicles not described in Paragraph 1., 2., 3.
or 4. above maintained primarily for purposes
other than the transportation of persons or
cargo. However, self-propelled vehicles with
the following types of permanently attached
equipment are not "mobile equipment" but will
be considered "autos":
a. Equipment designed primarily for:
(1) Snow removal;
(2) Road maintenance, but not construction
or resurfacing; or
(3) Street cleaning;
b. Cherry pickers and similar devices mounted
on automobile or truck chassis and used to
raise or lower workers; and
c. Air compressors, pumps and generators,
including spraying, welding, building
cleaning, geophysical exploration, lighting
or well-servicing equipment.
However, "mobile equipment" does not include
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".
L. "Pollutants" means 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.
M. "Property damage" means damage to or loss of
use of tangible property.
N. "Suit" means a civil proceeding in which:
1. Damages because of "bodily injury" or
"property damage"; or
2. A "covered pollution cost or expense";
to which this insurance applies, are alleged.
"Suit" includes:
a. An arbitration proceeding in which such
damages or "covered pollution costs or
expenses" 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 or
"covered pollution costs or expenses" are
claimed and to which the insured submits
with our consent.
O. "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.
P. "Trailer" includes semitrailer.
DocuSign Envelope ID: 9FEE570B-5861-4449-AA0C-7DE5113BFA57
COMMERCIAL AUTO
CA 01 43 05 17
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CA 01 43 05 17 © Insurance Services Office, Inc., 2016 Page 1 of 2
CALIFORNIA CHANGES
For a covered "auto" licensed or principally garaged in, or "auto dealer operations" conducted in, California, this endorsement modifies insurance provided under the following:
AUTO DEALERS COVERAGE FORM
BUSINESS AUTO COVERAGE FORM
MOTOR CARRIER COVERAGE FORM
With respect to coverage provided by this endorsemen t, the provisions of the Coverage Form apply unless modified by the endorsement.
A. The following are added to the Other Insurance
Condition in the Auto Dealers and Business Auto
Coverage Forms and the Other Insurance –
Primary And Excess Insurance Provisions
Condition in the Motor Carrier Coverage Form and
supersede any provisions to the contrary:
1. When this Coverage Form and any other
Coverage Form or policy providing liability
coverage apply to an "auto" and:
a. One provides coverage to a Named Insured
engaged in the business of selling,
repairing, servicing, delivering, testing or
road-testing "autos"; and
b. The other provides coverage to a person
not engaged in that business; and
c. At the time of an "accident", a person
described in Paragraph 1.b. is operating an
"auto" owned by the business described in
Paragraph 1.a., then that person's liability
coverage is primary and the Coverage
Form issued to a business described in
Paragraph 1.a. is excess over any
coverage available to that person.
2. When this Coverage Form and any other
Coverage Form or policy providing liability
coverage apply to an "auto" and:
a. One provides coverage to a Named Insured
engaged in the business of selling,
repairing, servicing, delivering, testing or
road-testing "autos"; and
b. The other provides coverage to a person
not engaged in that business; and
c. At the time of an "accident", an "insured"
under the Coverage Form described in
Paragraph 2.a. is operating an "auto"
owned by a person described in Paragraph
2.b., then the Coverage Form issued to the
business described in Paragraph 2.a. is
primary and the liability coverage issued to
a person described in Paragraph 2.b. is
excess over any cover age available to the
business.
3. When this Coverage Form and any other
Coverage Form or policy providing liability
coverage apply to a "commercial vehicle" and:
a. One provides coverage to a Named
Insured, who in the course of business,
rents or leases "commercial vehicles"
without operators; and
b. The other provides coverage to a person
other than as described in Paragraph 3.a.;
and
c. At the time of an "accident", a person who
is not the Named Insured of the Policy
described in Paragraph 3.a., and who is not
the agent or "employee" of such Named
Insured, is operating a "commercial vehicle"
provided by the business covered by the
Coverage Form or policy described in
Paragraph 3.a., then the liability coverage
provided by the Coverage Form or policy
described in Paragraph 3.b. is primary, and
the liability coverage provided by the
Coverage Form or policy described in
Paragraph 3.a. is excess over any
coverage available to that person.
DocuSign Envelope ID: 9FEE570B-5861-4449-AA0C-7DE5113BFA57
4. Notwithstanding Paragraph A.3., when this
Coverage Form and any other Coverage Form
or policy providing liability coverage apply to a
power unit and any connected "trailer" or
"trailers" and:
a. One provides coverage to a Named Insured
engaged in the business of transporting
property by "auto" for hire; and
b. The other provides coverage to a Named
Insured not engaged in that business; and
c. At the time of an "accident", a power unit is
being operated by a person insured under
the Coverage Form or policy described in
Paragraph 4.a., then that Coverage Form or
policy is primary for both the power unit and
any connected "trailer" or "trailers" and the
Coverage Form or policy described in
Paragraph 4.b. is excess over any other
coverage available to such power unit and
attached "trailer" or "trailers".
B. As used in this endorsement:
"Commercial vehicle" means an "auto" subject to
registration or identification under California law
which is:
1. Used or maintained for the transportation of
persons for hire, compensation or profit;
2. Designed, used or maintained primarily for the
transportation of property; or
3. Leased for a period of six months or more.
DocuSign Envelope ID: 9FEE570B-5861-4449-AA0C-7DE5113BFA57
NIAC-E180 BA 01 21 Includes copyrighted material of Insurance Services Office, Inc. with its permission.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
COMMUNICABLE DISEASE - EXCLUSION
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
This insurance does not apply to, and we shall have no duty to defend, any claim or “suit” for "bodily injury", or “property damage” arising out of:
1. The actual or alleged transmission of a “communicable disease”; and/or
2. An act, error or omission by or on behalf of any “insured” in:
a. The supervision, hiring, employment, training or monitoring of any person who transmits, is infected with, and/or alleged to be infected with a “communicable disease”; and/or b. Testing for a “communicable disease”; and/or
c. The actual or alleged failure to prevent the spread of a “communicable disease”; and/or d. The actual or alleged failure to report a “communicable disease” to the authorities, including but not limited to the reporting or failure to report any person who is infected with or is alleged to be infected with a “communicable disease”, and/or any place where there is or is alleged to be a presence or spread of a “communicable disease”.
"Communicable Disease" as used in this endorsement shall mean any contagious disease, illness or syndrome which is or has been transmitted to a person or place by bacteria, virus, fungi, protozoa, a toxic agent or any combination of these.
All other terms and conditions of the Coverage Form to which this endorsement is attached remain unchanged.
DocuSign Envelope ID: 9FEE570B-5861-4449-AA0C-7DE5113BFA57
COMMERCIAL AUTO
CA 20 54 10 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CA 20 54 10 13 © Insurance Services Office, Inc., 2011 Page 1 of 1
EMPLOYEE HIRED AUTOS
This endorsement modifies insurance provided under the following:
AUTO DEALERS COVERAGE FORM
BUSINESS AUTO COVERAGE FORM
MOTOR CARRIER COVERAGE FORM
With respect to coverage provided by this endorsemen t, the provisions of the Coverage Form apply unless modified by the endorsement.
A. Changes In Covered Autos Liability Coverage
The following is added to the Who Is An Insured
Provision:
An "employee" of yours is an "insured" while
operating an "auto" hire d or rented under a
contract or agreement in an "employee's" name,
with your permission, while performing duties
related to the conduct of your business.
B. Changes In General Conditions
Paragraph 5.b. of the Other Insurance Condition
in the Business Auto and Auto Dealers Coverage
Forms and Paragraph 5.f. of the Other Insurance
– Primary And Excess Insurance Provisions
Condition in the Motor Carrier Coverage Form are
replaced by the following:
For Hired Auto Physical Damage Coverage, the
following are deemed to be covered "autos" you
own:
1. Any covered "auto" you lease, hire, rent or
borrow; and
2. Any covered "auto" hired or rented by your
"employee" under a contract in an
"employee's" name, with your permission,
while performing duties related to the conduct
of your business.
However, any "auto" that is leased, hired, rented
or borrowed with a driver is not a covered "auto".
DocuSign Envelope ID: 9FEE570B-5861-4449-AA0C-7DE5113BFA57
COMMERCIAL AUTO
CA 99 33 10 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CA 99 33 10 13 © Insurance Services Office, Inc., 2011 Page 1 of 1
EMPLOYEES AS INSUREDS
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
MOTOR CARRIER COVERAGE FORM
With respect to coverage provided by this endorsemen t, the provisions of the Coverage Form apply unless modified by the endorsement.
The following is added to the Section II – Covered
Autos Liability Coverage, Paragraph A.1. Who Is
An Insured provision:
Any "employee" of yours is an "insured" while
using a covered "auto" you don't own, hire or
borrow in your business or your personal
affairs.
DocuSign Envelope ID: 9FEE570B-5861-4449-AA0C-7DE5113BFA57
COMMERCIAL AUTO
CA 23 84 10 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CA 23 84 10 13 © Insurance Services Office, Inc., 2013 Page 1 of 3
EXCLUSION OF TERRORISM
This endorsement modifies insurance provided under the following:
AUTO DEALERS COVERAGE FORM
BUSINESS AUTO COVERAGE FORM
MOTOR CARRIER COVERAGE FORM
SINGLE INTEREST AUTOMOBILE PHYSICAL DAMAGE INSURANCE POLICY
With respect to coverage provided by this
endorsement, the provisions of the Coverage Form
apply unless modified by the endorsement.
A. The following definitions are added and apply
under this endorsement wherever the term
terrorism, or the phrase any injury, damage, loss
or expense, is enclosed in quotation marks:
1. "Terrorism" means activities against persons,
organizations or property of any nature:
a. That involve the following or preparation for
the following:
(1) Use or threat of force or violence; or
(2) Commission or threat of a dangerous
act; or
(3) Commission or threat of an act that
interferes with or disrupts an electronic,
communication, information or
mechanical system; and
b. When one or both of the following apply:
(1) The effect is to intimidate or coerce a
government or the civilian population or
any segment thereof, or to disrupt any
segment of the economy; or
(2) It appears that the intent is to intimidate
or coerce a government, or to further
political, ideological, religious, social or
economic objectives or to express (or
express opposition to) a philosophy or
ideology.
2. "Any injury, damage, loss or expense" means
any injury, damage, loss or expense covered
under any Coverage Form or Policy to which
this endorsement is applicable, and includes
but is not limited to "bodily injury", "property
damage", "personal and advertising injury",
"loss", loss of use, rental reimbursement after
"loss" or "covered pollution cost or expense",
as may be defined under this Coverage Form,
Policy or any applicable endorsement.
B. Except with respect to Physical Damage
Coverage, Trailer Interchange Coverage,
Garagekeepers Coverage, Garagekeepers
Coverage – Customers' Sound Receiving
Equipment or the Single Interest Automobile
Physical Damage Insurance Policy, the following
exclusion is added:
Exclusion Of Terrorism
We will not pay for "any injury, damage, loss or
expense" caused directly or indirectly by
"terrorism", including action in hindering or
defending against an actual or expected incident
of "terrorism". "Any injury, damage, loss or
expense" is excluded regardless of any other
cause or event that contributes concurrently or in
any sequence to such injury, damage, loss or
expense. But this exclusion applies only when
one or more of the following are attributed to
an incident of "terrorism":
1. The "terrorism" is carried out by means of the
dispersal or application of radioactive material,
or through the use of a nuclear weapon or
device that involves or produces a nuclear
reaction, nuclear radiation or radioactive
contamination; or
DocuSign Envelope ID: 9FEE570B-5861-4449-AA0C-7DE5113BFA57
2. Radioactive material is released, and it
appears that one purpose of the "terrorism"
was to release such material; or
3. The "terrorism" is carried out by means of the
dispersal or application of pathogenic or
poisonous biological or chemical materials; or
4. Pathogenic or poisonous biological or chemical
materials are released, and it appears that one
purpose of the "terrorism" was to release such
materials; or
5. The total of insured damage to all types of
property exceeds $25,000,000. In determining
whether the $25,000,000 threshold is
exceeded, we will include all insured damage
sustained by property of all persons and
entities affected by the "terrorism" and
business interruption losses sustained by
owners or occupants of the damaged property.
For the purpose of this provision, insured
damage means damage that is covered by any
insurance plus damage that would be covered
by any insurance but for the application of any
terrorism exclusions; or
6. Fifty or more persons sustain death or serious
physical injury. For the purposes of this
provision, serious physical injury means:
a. Physical injury that involves a substantial
risk of death; or
b. Protracted and obvious physical
disfigurement; or
c. Protracted loss of or impairment of the
function of a bodily member or organ.
Multiple incidents of "terrorism" which occur within
a 72-hour period and appear to be carried out in
concert or to have a related purpose or common
leadership will be deemed to be one incident, for
the purpose of determining whether the thresholds
in Paragraphs B.5. and B.6. are exceeded.
With respect to this exclusion, Paragraphs B.5.
and B.6. describe the thresholds used to measure
the magnitude of an incident of "terrorism" and the
circumstances in which the threshold will apply, for
the purpose of determining whether this e xclusion
will apply to that incident. When the exclusion
applies to an incident of "terrorism", there is no
coverage under this Coverage Form, Policy or any
applicable endorsement.
C. With respect to Physical Damage Coverage,
Trailer Interchange Coverage, Garagekeepers
Coverage, Garagekeepers Coverage –
Customers' Sound Receiving Equipment or the
Single Interest Automobile Physical Damage
Insurance Policy, the following exclusion is added:
Exclusion Of Terrorism
We will not pay for any "loss", loss of use or rental
reimbursement after "loss" caused directly or
indirectly by "terrorism", including action in
hindering or defending against an actual or
expected incident of "terrorism". But this
exclusion applies only when one or more of
the following are attributed to an incident of
"terrorism":
1. The "terrorism" is carried out by means of the
dispersal or application of radioactive material,
or through the use of a nuclear weapon o r
device that involves or produces a nuclear
reaction, nuclear radiation or radioactive
contamination; or
2. Radioactive material is released, and it
appears that one purpose of the "terrorism"
was to release such material; or
3. The "terrorism" is carried out by means of the
dispersal or application of pathogenic or
poisonous biological or chemical materials; or
4. Pathogenic or poisonous biological or chemical
materials are released, and it appears that one
purpose of the "terrorism" was to release suc h
materials; or
5. The total of insured damage to all types of
property exceeds $25,000,000. In determining
whether the $25,000,000 threshold is
exceeded, we will include all insured damage
sustained by property of all persons and
entities affected by the "terrorism" and
business interruption losses sustained by
owners or occupants of the damaged property.
For the purpose of this provision, insured
damage means damage that is covered by any
insurance plus damage that would be covered
by any insurance but for the application of any
terrorism exclusions.
Multiple incidents of "terrorism" which occur within
a 72-hour period and appear to be carried out in
concert or to have a related purpose or common
leadership will be deemed to be one incident, for
the purpose of determining whether the threshold
in Paragraph C.5. is exceeded.
DocuSign Envelope ID: 9FEE570B-5861-4449-AA0C-7DE5113BFA57
CA 23 84 10 13 © Insurance Services Office, Inc., 2013 Page 3 of 3
With respect to this exclusion, Paragraph C.5.
describes the threshold used to measure the
magnitude of an incident of "terrorism" and the
circumstances in which the threshold will apply, for
the purpose of determining whether this e xclusion
will apply to that incident. When the exclusion
applies to an incident of "terrorism", there is no
coverage under this Coverage Form, Policy or any
applicable endorsement.
D. In the event of any incident of "terrorism" that is
not subject to the exclusion in Paragraph B. or C.,
coverage does not apply to "any injury, damage,
loss or expense" that is otherwise excluded under
this Coverage Form, Policy or any applicable
endorsement.
DocuSign Envelope ID: 9FEE570B-5861-4449-AA0C-7DE5113BFA57
COMMERCIAL AUTO
CA 23 85 10 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CA 23 85 10 13 © Insurance Services Office, Inc., 2013 Page 1 of 2
EXCLUSION OF TERRORISM INVOLVING
NUCLEAR, BIOLOGICAL OR CHEMICAL TERRORISM
This endorsement modifies insurance provided under the following:
AUTO DEALERS COVERAGE FORM
BUSINESS AUTO COVERAGE FORM
MOTOR CARRIER COVERAGE FORM
SINGLE INTEREST AUTOMOBILE PHYSICAL DAMAGE INSURANCE POLICY
With respect to coverage provided by this
endorsement, the provisions of the Coverage Form
apply unless modified by the endorsement.
A. The following definitions are added and apply
under this endorsement wherever the term
terrorism, or the phrase any injury, damage, loss
or expense, is enclosed in quotation marks:
1. "Terrorism" means activities against persons,
organizations or property of any nature:
a. That involve the following or preparation for
the following:
( 1) Use or threat of force or violence; or
(2) Commission or threat of a dangerous
act; or
(3) Commission or threat of an act that
interferes with or disrupts an electronic,
communication, information or
mechanical system; and
b. When one or both of the following apply:
(1) The effect is to intimidate or coerce a
government or the civilian population or
any segment thereof, or to disrupt any
segment of the economy; or
(2) It appears that the intent is to intimidate
or coerce a government, or to further
political, ideological, religious, social or
economic objectives or to express (or
express opposition to) a philosophy or
ideology.
2. "Any injury, damage, loss or expense" means
any injury, damage, loss or expense covered
under any Coverage Form or Policy to which
this endorsement is applicable, and includes
but is not limited to "bodily injury", "property
damage", "personal and advertising injury",
"loss", loss of use, rental reimbursement after
"loss" or "covered pollution cost or expense",
as may be defined under this Coverage Form,
Policy or any applicable endorsement.
B. The following exclusion is added:
Exclusion Of Terrorism
We will not pay for "any injury, damage, loss or
expense" caused directly or indirectly by
"terrorism", including action in hindering or
defending against an actual or expected incident
of "terrorism". "Any injury, damage, loss or
expense" is excluded regardless of any other
cause or event that contributes concurrently or in
any sequence to such injury, damage, loss or
expense. But this exclusion applies only when
one or more of the following are attributed to
an incident of "terrorism":
1. The "terrorism" is carried out by means of the
dispersal or application of radioactive material,
or through the use of a nuclear weapon or
device that involves or produces a nuclear
reaction, nuclear radiation or radioactive
contamination; or
2. Radioactive material is released, and it
appears that one purpose of the "terrorism"
was to release such material; or
DocuSign Envelope ID: 9FEE570B-5861-4449-AA0C-7DE5113BFA57
3. The "terrorism" is carried out by means of the
dispersal or application of pathogenic or
poisonous biological or chemical materials; or
4. Pathogenic or poisonous biological or chemical
materials are released, and it appears that one
purpose of the "terrorism" was to release such
materials.
C. In the event of any incident of "terrorism" that is
not subject to this exclusion, coverage does not
apply to "any injury, damage, loss or expense" that
is otherwise excluded under this Coverage Form,
Policy or any applicable endorsement.
DocuSign Envelope ID: 9FEE570B-5861-4449-AA0C-7DE5113BFA57
COMMERCIAL AUTO
CA 20 55 10 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CA 20 55 10 13 © Insurance Services Office, Inc., 2011 Page 1 of 1
FELLOW EMPLOYEE COVERAGE
This endorsement modifies insurance provided under the following:
AUTO DEALERS COVERAGE FORM
BUSINESS AUTO COVERAGE FORM
MOTOR CARRIER COVERAGE FORM
With respect to coverage provided by this endorsemen t, the provisions of the Coverage Form apply unless modified by the endorsement.
The Fellow Employee Exclusion contained under the
Covered Autos Liability Coverage does not apply.
DocuSign Envelope ID: 9FEE570B-5861-4449-AA0C-7DE5113BFA57
COMMERCIAL AUTO POLICY NUMBER: 2022-76673
CA 99 23 10 13
Developing Organizing Visions for Everyone Named Insured:
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement.
This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below.
AUTO DEALERS COVERAGE FORM
BUSINESS AUTO COVERAGE FORM
MOTOR CARRIER COVERAGE FORM
This endorsement modifies insurance provided under the following:
RENTAL REIMBURSEMENT COVERAGE
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
Endorsement Effective Date: 11/24/2022
SCHEDULE
Designation or Description of
Covered "Autos" to which this
insurance applies Coverage Premium
Maximum Payment
Each Covered "Auto"
Any One
Day
No. of
Days
Any One
Period
Comprehensive
Collision
30 30 Incl. $1500
$1500 Incl.
Specified
Causes of Loss
Any Covered "Auto"
Any Covered "Auto"
N/A
Total Premium Incl.
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
A.
This endorsement provides only those coverages where
a premium is shown in the Schedule. It applies only to a covered "auto" described or designated in the Schedule.
C. We will pay only for those expenses incurred
during the policy period beginning 24 hours after
the "loss" and ending, regardless of the policy's
expiration, with the lesser of the following number
of days: We will pay for rental reimbursement expenses incurred by you for the rental of an "auto" because of "loss" to a covered "auto". Payment applies in addition to the
otherwise applicable amount of each coverage you have
on a covered "auto". No deductibles apply to this
coverage.
The number of days reasonably required to
repair or replace the covered "auto". If "loss" is
caused by theft, this number of days is added
to the number of days it takes to locate the
covered "auto" and return it to you.
B.
1.
CA 99 23 10 13
DocuSign Envelope ID: 9FEE570B-5861-4449-AA0C-7DE5113BFA57
COMMERCIAL AUTO POLICY NUMBER: 2022-76673
CA 99 23 10 13
2. The number of days shown in the Schedule.
D. Our payment is limited to the lesser of the following amounts:
E. This coverage does not apply while there are
spare or reserve "autos" available to you for your
operations.
F. If "loss" results from the total theft of a covered
"auto" of the private passenger type, we will pay
under this coverage only that amount of your
rental reimbursement expenses which is not
already provided for under the Physical Damage
Coverage Extension.
1. Necessary and actual expenses incurred.
2. The maximum payment stated in the Schedule
applicable to "any one day" or "any one period".
CA 99 23 10 13
DocuSign Envelope ID: 9FEE570B-5861-4449-AA0C-7DE5113BFA57
COMMERCIAL AUTO
CA 99 34 10 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CA 99 34 10 13 © Insurance Services Office, Inc., 2011 Page 1 of 1
SOCIAL SERVICE AGENCIES –
VOLUNTEERS AS INSUREDS
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
MOTOR CARRIER COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement.
The following is added to the Who Is An Insured
provision under Covered Autos Liability Coverage:
Anyone volunteering services to you is an "insured"
while using a covered "auto" you don't own, hi re or
borrow to transport your clients or other persons in
activities necessary to your busin ess. Anyone else
who furnishes that "auto" is also an "insured".
DocuSign Envelope ID: 9FEE570B-5861-4449-AA0C-7DE5113BFA57
POLICY NUMBER: COMMERCIAL AUTO
CA 04 44 10 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CA 04 44 10 13 © Insurance Services Office, Inc., 2011 Page 1 of 1
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY
AGAINST OTHERS TO US (WAIVER OF SUBROGATION)
This endorsement modifies insurance provided under the following:
AUTO DEALERS COVERAGE FORM
BUSINESS AUTO COVERAGE FORM
MOTOR CARRIER COVERAGE FORM
With respect to coverage provided by this endorsemen t, the provisions of the Coverage Form apply unless modified by the endorsement.
This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below.
Named Insured:
Endorsement Effective Date:
SCHEDULE
Name(s) Of Person(s) Or Organization(s):
Any person or organization with whom you have a written contract currently in effect or becoming effective during the term of this policy.
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
The Transfer Of Rights Of Recovery Against
Others To Us condition does not apply to the
person(s) or organization(s) shown in the Schedule,
but only to the extent that subrogation is waived prior to the "accident" or the "l oss" under a contract with
that person or organization.
DocuSign Envelope ID: 9FEE570B-5861-4449-AA0C-7DE5113BFA57
DocuSign Envelope ID: 9FEE570B-5861-4449-AA0C-7DE5113BFA57
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Contract and Routing Form
Date Originated:
Finance Department · 555 Santa Clara Street · Vallejo · CA · 94590 · 707.648.4592 Department:3ROLFH'HSDUWPHQW
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Pre-Requisition Form
Finance Department · 555 Santa Clara Street · Vallejo · CA · 94590 · 707.648.4592 Department:3ROLFH'HSDUWPHQW
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BSCC PROP 47 GRANT PROGRAM
FIRST AMENDMENT TO MEMORANDUM OF AGREEMENT
BETWEEN CITY OF VALLEJO AND
FIGHTING BACK PARTNERSHIP
This First Amendment to the California Board of State and Community Corrections (“BSCC”) Prop 47 Grant Program Memorandum of Agreement (City contract 23-PD197), by and between the City of Vallejo, a California municipal corporation (“City”), and Fighting Back Partnership (“FBP”), a California nonprofit public benefit corporation (“Agreement”), is made and entered into on this ____ day of ____________, 2025.
City and FBP (separately “Party” and collectively “Parties”) mutually agree as follows:
1.Replacement of Exhibit A. Exhibit A to the Agreement is hereby amended and replaced in its entirety with Exhibit A-1, which is attached hereto and incorporated by this reference.
2.Replacement of Exhibit B. Exhibit B to the Agreement is hereby amended and replaced in its entirety with Exhibit B-1, which is attached hereto and incorporated herein by this reference.
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 Party. Except as specifically revised herein, all terms and conditions of the Agreement shall remain in full force and effect.
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. Each Party has carefully reviewed this First Amendment and agrees to each term herein. No ambiguity shall be presumed or construed against either Party.
6.Authority. The person signing this First Amendment for FBP hereby represents and warrants that he or she is fully authorized to sign on behalf of FBP. [SIGNATURES ARE ON THE FOLLOWING PAGE.]
City of Vallejo Prop 47 Grant Agreement – First Amendment – Fighting Back Partnership
IN WITNESS WHEREOF, the Parties have executed this First Amendment on the day and year shown below the name of each Party.
FIGHTING BACK PARTNERSHIP,
a California nonprofit public benefit
corporation
By:
MELVINIA KING
Executive Director
DATE:
Business License No.
(City Seal)
CITY OF VALLEJO,
a municipal corporation
By:
ANDREW MURRAY
City Manager
DATE:
ATTEST:
By:
DAWN G. ABRAHAMSON
City Clerk
APPROVED AS TO CONTENT:
By:
JASON TA
Chief of Police
APPROVED AS TO FORM:
By:
VERONICA A. F. NEBB
City Attorney
APPROVED AS TO INSURANCE:
By:
ARMOND SARKIS
Risk Manager
City of Vallejo Prop 47 Grant Agreement – First Amendment – Fighting Back Partnership
Exhibit A-1 – Scope of Services & Budget
EXHIBIT A-1
SCOPE OF SERVICES & BUDGET
A. Program Description
Fighting Back Partnership (“FBP”) will offer family navigation, referral services, and case management support to Project H.O.M.E. participants.
B. Program Budget
FBP program elements will cost $191,649 over the course of the grant, as detailed below:
Budget Category
Approved
Budget
Program Director
$44,706
Senior Family
Navigator
$46,244
Office Administrator
$13,000
Finance
Administrator
$18,323
Executive Director
$28,790
Payroll Taxes &
Benefits
$23,920
Indirect Expenses
$16,666
Total $191,649
City of Vallejo Prop 47 Grant Agreement – First Amendment – Fighting Back Partnership
Exhibit B-1 – Requests for Payment
EXHIBIT B-1
REQUESTS FOR PAYMENT
Monthly invoices, formatted as detailed below, shall be submitted by the end of the following month to [email protected] and [email protected], with a copy to [email protected].
VALLEJO POLICE DEPARTMENT
REQUEST FOR PAYMENT
Subgrantee: Fighting Back Partnership Grant #: GPD012 (BSCC 517-22) Project Name: Project H.O.M.E. Reporting Period:
Budget Category Approved BudgetAmount Previously Invoiced Expenditures This Period Total Amount Invoiced Budget Remaining Program Director $44,706
Senior Family Navigator $46,244
Office Administrator $13,000
Finance Administrator $18,323
Executive Director $28,790
Payroll Taxes & Benefits $23,920
Indirect Expenses $16,666
Total $191,649
Total Amount Requested for this Invoice: $
Include the following documentation for the current expenditures:Personnel: Proof of payment and hours worked (copy of timesheets and general ledger)Other: Proof of payment (copy of invoice, copy of check, general ledger) Notes:
CERTIFICATIONI certify under penalty of perjury that: (1) I have personal knowledge of the expenses claimed herein, (2) to the best of my knowledge, this report iscorrect, complete, and in compliance with the law, and all expenditures claimed herein are for the purposes of Project HOPE, as described in the contract between the Parties governing the Project, (3) all original documentation supporting this claim are on file, and (4) I am authorized to submit this invoice on claimant's behalf.
Signature: Date: _________________________________
Printed Name: Title: __________________________________ Email Address:
CONSENT CALENDAR 8.H.
DATE: July 22, 2025
TO: Mayor and Members of the City Council
FROM: Erik Rzomp, Executive Assistant to Mayor Sorce
SUBJECT: AUTHORIZE THE COUNCIL BY MOTION TO APPROVE A PROCLAMATION RECOGNIZING THE 10TH ANNIVERSARY OF VALLEJO’S POET LAUREATE PROGRAM AND DECLARING JULY 26, 2025 AS A DECADE OF POETIC UNITY DAY.
RECOMMENDATION
Authorize the Vallejo City Council to approve a proclamation by motion recognizing the 10th anniversary of the Vallejo Poet Laureate Program and declaring July 26, 2025 as A DECADE OF POETIC UNITY DAY.
REASONS FOR RECOMMENDATION
The tenth anniversary of the Vallejo Poet Laureate Program is a milestone cultural achievement for the City.
BACKGROUND AND DISCUSSION
This celebration marks ten years since Vallejo's first Poet Laureate was appointed in 2015. The program has enriched our community through poetry presentations, events, and activities that foster cultural understanding, emotional expression, and communal unity. The celebration honors all past and current Poets Laureate for contributing to Vallejo's cultural landscape. Vallejo past Poets Laureate are Dr. Genea S. Brice, D.L. Lang, and Jeremy Snyder. Vallejo’s current co-Poets Laureate are Jacalyn Eyvonne and Kathleen Hermann. An event to celebrate the 10th anniversary will be held on July 26, 2025, at the Vallejo Naval and historical Museum.
FISCAL IMPACT
None.
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. 07222025 Proclamation A Decade of Poetic Unity - 10-Year Anniversary of Vallejo's Poet Laureate Program -
CONTACT
Erik Rzomp, Executive Assistant to Mayor Sorce (707) 648-4733 [email protected]
PROCLAMATION
A DECADE OF POETIC UNITY – 10 YEAR ANNIVERSARY OF VALLEJO’S POET LAUREATE PROGRAM WHEREAS, July 2025 marks the 10-Year Anniversary of the Vallejo Poet Laureate Program, established in 2015 to enrich our community through the art of poetry; and
WHEREAS, Dr. Genea S. Brice served as Vallejo's Inaugural Poet Laureate from July 2015 to August 2017, using poetry as a vehicle for literacy and sharing her work locally, nationally, and internationally; and WHEREAS, D.L. Lang served as Poet Laureate from September 2017 to December 2019, contributing to 90 anthologies, including the Vagabond Lunar Collection archived on the moon, and authoring 18 poetry books; and WHEREAS, Jeremy Snyder served as Poet Laureate from January 2020 to December 2023, connecting individuals across different backgrounds and facilitating meaningful discussions on important social issues through poetry; and
WHEREAS, Jacalyn Eyvonne, current Co-Poet Laureate since January 2024, author of multiple works, Youth Poets in the Spotlight, Youth Poetry Puzzling, Youth Poetry Letter, Pencils and Dreams, Young Vallejo Poets Share Their World anthology, and hosting events that continue to elevate Vallejo's literary presence; and WHEREAS, Kathleen Herrmann, current Co-Poet Laureate since January 2024, teaching poetry to young people, hosting “Community Art Celebrated with Poetry,” an ekphrastic event at Temple Arts Loft, promoting social justice through her work, and is completing her first poetry collection, "Cane In The Sand," and WHEREAS, the Poet Laureate Program has significantly enhanced Vallejo's cultural landscape by engaging youth, promoting literacy, fostering community unity, and addressing social issues through the transformative power of poetry.
NOW, THEREFORE, BE IT PROCLAIMED , that I, Andrea Sorce, Mayor of the City of Vallejo and the Vallejo City Council, do hereby proclaim Saturday, July 26, 2025, as 'A DECADE OF POETIC UNITY DAY' in the City of Vallejo to honor the ten-year legacy of our Poet Laureate Program and its contributions to our civic identity." Dated: July 22, 2025
Vice Mayor Peter Bregenzer, District 5
Council Member Helen-Marie Gordon, District 6
Council Member Tonia Lediju, District 3
Council Member Alexander Matias, District 1
Council Member Diosdado ‘JR’ Matulac, District 2
Council Member Charles Palmares, District 4
ACTION ITEM 8.I.
DATE: July 22, 2025
TO: Mayor and Members of the City Council
FROM: Stephanie Sifuentes, Human Resources Director
SUBJECT: ADOPT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VALLEJO TO AMEND FISCAL YEAR 2025-2026 BUDGET TO APPROPRIATE EXPENDITURE OF $2,000,000 FOR RECRUITMENT AND RETENTION (STEP 2 OF 2)
RECOMMENDATION
Adopt a resolution amending the FY 2025/2026 Budget in the amount of $2,000,000 for Recruitment and Retention.
REASONS FOR RECOMMENDATION
This is the second step of the required two-step budget amendment process to amend the FY 2025-26 Adopted Budget. If the City Council approves tonight's recommendation, the amended budget would go into effect on July 23, 2025. .
BACKGROUND AND DISCUSSION
Public safety staffing shortages are significant and ongoing across the U.S. A survey by the International Association of Chiefs of Police (IACP) in 2019 found that 78% of agencies surveyed nationwide were experiencing recruitment challenges. These recruitment challenges grew in 2020 with the pandemic and widely publicized incidents of police misconduct, which fueled community backlash and demand for police reform, including the “defund the police” movement. Public safety staffing numbers continued to steadily decline through 2023 with high rates of officers retiring or leaving the force. For California in particular, the Peace Officers Research Association of California (PORAC) published new “first-of-its-kind” research data on July 22, 2024, which shows dangerously low levels of police staffing across the state, citing a 30-year low.
Impacted agencies have had to reduce/eliminate neighborhood presence, reduce services and/or reduce or eliminate specialized units, all of which contribute to an increase in crime, an increase in response times, and an increase in businesses shuttering their doors. In addition, agencies are relying on overtime, which can lead to burnout and excess strain on existing staff. Agencies across the U.S. have implemented various options to address the public safety staffing crisis, such as enhanced marketing campaigns, recruitment strategies to attract candidates from diverse backgrounds, recruitment/retention/referral incentives, reviewing existing policies and recruitment and selection processes.
The City of Vallejo is not alone in this public safety staffing shortage. On July 25, 2023, the City Council adopted a proclamation declaring a state of local emergency related to public safety staffing. In conjunction, and at the direction of City Council, previous City Manager, Mike Malone, assigned $2 million at the end of FY 2022-23 to help address recruitment and retention. Mr. Malone then tasked the Human Resources Department with (1) conducting a study of surrounding agencies and their recruitment and retention incentives for Police Officers, (2) creating a recruitment and retention plan for City of Vallejo Police Officers, and (3) finding a way to amplify recruitment efforts and identify other means for resolving the staffing crisis in the short-term. These efforts to address the public safety staffing shortage began in Summer 2023 and have continued through staffing transitions in the City Manager's Office, City Council, and VPOA.
The City is committed to addressing the public safety staffing emergency with a multipronged approach, which
Date: July 22, 2025
Subject: ADOPT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VALLEJO TO AMEND FISCAL YEAR 2025-2026 BUDGET TO APPROPRIATE EXPENDITURE OF $2,000,000 FOR RECRUITMENT AND RETENTION (STEP 2 OF 2)
includes (1) identifying and contracting out for enhanced marketing campaigns for recruitment, (2) implementing a recruitment, retention, and referral incentive to (a) incentivize current staff to stay, (b) incentivize current staff to assist the City in recruiting good candidates, (c) incentivize applicants to choose Vallejo, (3) working with Solano County to contract with for supplemental law enforcement assistance, (4) broadening existing contract for security guard services, (5) working with VPOA to find a path forward for broadening our use of retired annuitants to address the short-term staffing needs, (6) looking for interim housing options for the Vallejo Police Department, (7) looking at other ways in which we can improve morale and working conditions.
The Council took action to approve the Recruitment, Retention, and Referral Incentive Plan July 8, 2025, and provided notice of intent to amend the budget relating to same. The current action before the Council is to amend the 2025/2026 FY Budget to appropriate $2,000,000.00 for the Recruitment and Retention.
In addition to the Recruitment, Retention, and Referral Incentive Plan approved by the Council on July 8, 2014, the City has been working to bring other public safety strategy items together. The Human Resources Department and Vallejo Police Department collaborated on an RFP process to find a talent marketing and recruitment firm to increase methodologies, exposure, and success of recruitment efforts. A firm with demonstrated success in recruiting public safety positions in other agencies very similar to the City of Vallejo was identified as the top selection. HR and VPD worked diligently with that firm to build out the recruitment platform as well as the accompanying media, and it is up and running. The contract for Solano Sheriff’s assistance will be in front of the Board of Supervisors again on July 22, 2025. The City has engaged VPOA regarding the Security Guard contract and POAC and will be engaging them regarding retired annuitants in the near future. The City Manager is looking at options for Council to consider for interim housing for the VPD as well as additional ways in which we can improve morale and working conditions.
In order to move forward with implementing the Recruitment, Retention, and Referral Incentive Plan, the City is required to amend the budget to appropriate the expenditure of the assigned funds. This is the second step of the required two-step budget amendment process to amend the FY 2025-26 Adopted Budget. If the City Council approves tonight's recommendation, the amended budget would go into effect on July 23, 2025.
FISCAL IMPACT
The fiscal impact of this final action in the two-step budget amendment process will be as follows:
Proposed increase of General Fund expenditures of $2 million for citywide recruitment and retention will be funded from the assigned fund balance set aside from prior year surplus.
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. Reso_Budget Amendment Recruitment Retention Budget mendment - CAO Stamp
2. Side Letter and Attachment - Recruitment and Retention
CONTACT
Date: July 22, 2025
Subject: ADOPT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VALLEJO TO AMEND FISCAL YEAR 2025-2026 BUDGET TO APPROPRIATE EXPENDITURE OF $2,000,000 FOR RECRUITMENT AND RETENTION (STEP 2 OF 2)
Stephanie Sifuentes, Human Resources Director (707) 649-4852 [email protected]
RESOLUTION NO. 25 - ___N.C.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VALLEJO AMENDING THE FISCAL YEAR 2025/2026 BUDGET IN THE AMOUNT OF $2,000,000.00 FOR
RECRUITMENT AND RETENTION
WHEREAS, on July 25, 2023, City Council adopted a proclamation declaring a state of emergency related to public safety staffing; and
WHEREAS, the City Council directed staff to develop a recruitment and retention plan for public safety; and
WHEREAS, staff have created a Recruitment, Retention, and Referral Incentive Plan, based on similar programs from surrounding agencies; and
WHEREAS, in FY 2021-2022 and FY 2022-2023, the City set aside $1 million each year specifically for staffing support and retention (for a total of $2 million), under year-end assigned funds; and
WHEREAS, on July 8, 2025, the City Council voted to approve the Recruitment, Retention, and Referral Incentive Plan and provided notice of intent to amend the FY 2025/2026 Budget to transfer from assigned funds to unassigned funds previously set aside, so they can be expended accordingly.
NOW, THEREFORE, BE IT RESOLVED that the Council of the City of Vallejo hereby amends the FY 2025/2026 Budget to transfer from assigned funds to unassigned funds previously set aside, so they can be expended accordingly.
Adopted by the City Council of the City of Vallejo at a special meeting held on July 22, 2025, with the following vote:
AYES:
ABSENT:
ABSTAIN:
NOES:
__________________________________
ANDREA SORCE, MAYOR
ATTEST:
_______________________________________
DAWN ABRAHAMSOM, CITY CLERK
ACTION ITEM 9.A.
DATE: July 22, 2025
TO: Mayor and Members of the City Council
FROM: Oscar Alcantar, Interim Public Works Director
Beth Schoenberger, Water Director
SUBJECT: HOLD A CONTINUED PUBLIC HEARING AND ADOPT A RESOLUTION ACCEPTING THE FIVE-YEAR CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEARS 2025-26 THROUGH 2029-30
RECOMMENDATION
Hold a continued public hearing and adopt a Resolution approving the five-year Capital Improvement Program for fiscal years 2025-26 through 2029-30.
REASONS FOR RECOMMENDATION
The Capital Improvement Program (CIP) identifies infrastructure and other public facility projects, their cost, funding mechanisms, and priorities for execution. The FY 2025-26 CIP establishes the Capital Program for priority projects with identified funding sources. The 5-year CIP is designed to be updated every year to show the carryover amounts for projects not yet completed and to reflect priorities for future budget cycles. The Capital Budget is appropriated separately during the City's budget process and is included with the adoption of the fiscal year budget.
BACKGROUND AND DISCUSSION
The City of Vallejo's Capital Improvement Program (CIP) is a multi-year planning instrument for the construction, expansion, rehabilitation, and replacement of City-owned facilities and improvements. The CIP for FY 2025-26 through FY 2029-30 includes 149 total projects (87 Public Works projects and 62 Water projects). Each of the proposed projects meets one or more of the following criteria:
• Compliance with regulatory requirements and mandates
• Elimination of potentially hazardous or unsafe conditions and potential liability • Grant Opportunities
• Cooperative efforts with other agencies
• Improvement of services to the public and/or public safety • Improving, replacing and extending the life of an existing asset • Compliance with the City of Vallejo's General Plan
CIP Projects are currently separated into the following categories: Bicycle & Pedestrian Safety Projects, Bridge Projects, Downtown/ Waterfront Projects, Facilities Projects, Marina Projects, Other-Infrastructure Projects, Streets Projects, and Water Projects. The Streets Projects category has two subcategories: Streets- Infrastructure Projects and Streets-Pavement Projects. Below is a description of each major CIP category, the funding requirements, as well as potential funding issues that may be affecting a particular project category.
Currently, the capital needs of the City far exceed the amount of available and anticipated revenue.
CATEGORIES
--Bicycle & Pedestrian Safety Projects: The CIP identifies 16 Bicycle & Pedestrian Safety Projects, with a
Date: July 22, 2025
Subject: HOLD A CONTINUED PUBLIC HEARING AND ADOPT A RESOLUTION ACCEPTING THE FIVE-YEAR CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEARS 2025- 26 THROUGH 2029-30
budget of $648,000 being appropriated in FY 2025-26. The Bicycle & Pedestrian Safety Projects are funded through General Fund revenues, Transportation Impact Mitigation Fee (TIMF) Fund revenues, specialized Fund revenues, grants/reimbursements, Highway Users Tax Act (HUTA), and Road Maintenance Rehabilitation Account (RMRA), and Measure P Funds. Additional long-term revenue strategies are needed to improve bicycle and pedestrian safety throughout the City.
--Bridge Projects: The CIP identifies 5 Bridge Projects, with $10,000 funding being returned to the General Fund in FY 2025-26. The Bridge Projects are funded through General Fund revenues, specialized Fund revenues, Bridge Fund, HUTA-gas tax, grants/reimbursements, and Measure P Funds. The Sacramento Street Bridge Project will soon be closed out and the Mare Island Causeway Bridge is currently fully funded.
The upgrade of the outdated controls on the Mare Island Causeway Bridge will need to be strategized for the full scope of the replacement.
--Downtown/Waterfront Projects: The CIP identifies 4 Downtown/Waterfront Projects, with $50,000 funding being returned to the General Fund in FY 2025-26. The Downtown/Waterfront Projects are funded through General Fund revenues, grant/reimbursements, and Waterfront History Art Funds. Additional long-term revenue strategies are needed to improve the City's Downtown/Waterfront Development area of the City.
--Facilities Projects: The CIP identifies 16 Facilities Projects with $541,023 being appropriated in FY 2025-26.
The Facilities Projects are funded through General Fund revenues, Housing Funds, Specialized Funds, State Lands Fund revenues, Waterfront History Art Funds, grants/reimbursements, Measure P Funds, Marina Fund revenues, and Parking Enterprise Fund revenues. Long-term facility replacement and rehabilitation costs will exceed existing revenue and alternative funding mechanisms will need to be explored.
--Marina Projects: The CIP identifies 4 Marina Projects, with $500,000 funding being appropriated in FY 2025-
26. The Marina Projects are funded through revenues collected at the Marina for gasoline sales, boat slip rentals, grants, and General Fund transfers. Anticipated project costs exceed existing revenue and alternative funding mechanisms will need to be explored.
--Other: The CIP identifies 14 Other Projects, with zero funding being appropriated in FY 2025-26. The Other Projects are funded through General Fund revenues, Transportation Impact Mitigation Fee (TIMF) Fund revenues, specialized Fund revenues, and grants/reimbursements. Additional long-term revenue strategies are needed to improve the City's infrastructure which are not a part of the streets or bridges.
--Streets-Infrastructure Projects: The CIP identifies 9 Streets-Infrastructure Projects, with $1,604,052 being appropriated in FY 2025-26. The Streets-Infrastructure Projects are funded through General Fund revenues, Transportation Impact Mitigation Fee (TIMF) Fund revenues, specialized Fund revenues, grants/reimbursements, Highway Users Tax Act (HUTA)-gas tax, Road Maintenance Rehabilitation Account (RMRA), and Measure P Funds.
--Streets-Pavement Projects: The CIP identifies 19 Streets-Pavement Projects, with $3,788,800 being appropriated in FY 2025-26. The Streets-Pavement Projects are funded through General Fund revenues, Transportation Impact Mitigation Fee (TIMF) Fund revenues, specialized Fund revenues, grants/reimbursements, Highway Users Tax Act (HUTA)-gas tax, Road Maintenance Rehabilitation Account (RMRA), and Measure P Funds. Streets in the City are ranked according to their pavement condition on a scale of 1 to 100, with 1 being the worst and 100 being the best. This ranking is called the Pavement Condition Index (PCI). The City's overall average PCI was 43, as determined in April 2025 per the PTAP-25 Pavement Management Program Report. One requirement for the City to receive the Road Maintenance Rehabilitation Account (RMRA) is that each agency recipient uphold a specified "level of effort" for street projects funded by
Date: July 22, 2025
Subject: HOLD A CONTINUED PUBLIC HEARING AND ADOPT A RESOLUTION ACCEPTING THE FIVE-YEAR CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEARS 2025- 26 THROUGH 2029-30
the General Fund. The state mandates that the City match the "Maintenance of Effort" (MOE), which is the average amount of General Fund expenditures expended on these projects during fiscal years 2009-10, 2010- 11, and 2011-12. For the City of Vallejo, the average MOE for these years is $905,103. The FY 2025-26 General Fund appropriation for Street-Pavement Projects is $988,800 and therefore the City has met the MOE for this fiscal year.
--Water Projects: The CIP identifies 62 active Water projects to be funded in FY 25-26. This year’s CIP reallocates previously approved and appropriated funds for projects still underway. No new projects are being proposed; instead, the focus remains on completing projects already in progress. The extended timeframes for these projects stem primarily from the 2021A bond issuance exceeding internal capacity during the pandemic and from persistent staffing vacancies in Water Engineering. For FY 2025-26, total new appropriations for existing projects are $4,673,928. The Water Operations Fund, funded by water billing revenues, is the usual source of funds for the rehabilitation, maintenance, replacement, and upgrade of the City's water system, and it will continue to fund “pay as you go”, also referred to as "pay-go" projects (as distinguished from bond-funded projects). The Series 2021A Water Fund Revenue Bond funds will be prioritized for carry-over expenditure and primarily for expenditures in FY 2025-26. Additionally, grant awards help offset the infrastructure expenditures otherwise supported by rate revenues.
GENERAL PLAN CONSISTENCY
On May 5, 2025, the Planning Commission held a public hearing to review the proposed CIP projects for fiscal year 2025-2026 for consistency with General Plan 2040 pursuant to Government Code Section 65401.
Following the hearing, the Planning Commission determined the ensuing fiscal year's CIP projects to be consistent with the General Plan 2040 and adopted Resolution PC25-06 N.C.
FISCAL IMPACT
New allocations to the CIP budget for FY 2025-26 total $11,695,803. Public Works projects identified in the CIP are funded through a variety of mechanisms, such as General Fund transfers, grants, fees, and gas taxes (Highway Users Tax Act-HUTA; Road Maintenance Rehabilitation Account-RMRA). Water projects identified in the CIP are funded through a variety of mechanisms such as fee revenue and grants. Each project in the CIP document identifies the funding source(s) for that project anticipated to be allocated over the course of the five-year planning period. The approval of specific funding sources and amounts will be authorized as part of the City's budget process, or will be presented to the City Council at the time of the individual project approval.
Below is a breakdown by funding source for FY 2025-26. See attachments for more details.
FUND SOURCE FY 2025-26 BUDGET AMOUNT
Fund 201: Capital Outlay $1,471,875
Fund 219: Gas Tax Sec 2103: HUTA Gas
Tax
$800,000
Fund 226: RMRA Gas Tax $3,050,000
Fund 228: Measure P $1,700,000
Fund 404: City Water Systems $5,430,918
Fund 411: Lakes Water Systems ($756,990)
TOTAL $11,695,803
Date: July 22, 2025
Subject: HOLD A CONTINUED PUBLIC HEARING AND ADOPT A RESOLUTION ACCEPTING THE FIVE-YEAR CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEARS 2025- 26 THROUGH 2029-30
ENVIRONMENTAL REVIEW
This action is exempt from the California Environmental Quality Act (CEQA) because it is not a project which has 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. Environmental determiniation will be made on each individual project at the time of the project implementation.
ATTACHMENTS
1. RESOLUTION APPROVING 5 -YEAR CIP_CAO Stamp Updated
2. CIP FY25-26 BUDGET APPROPRIATIONS by FUND 2025-06-27
3. CIP FY25-26 SUMMARY 5YR BY CATEGORY 2025-07-02
4. CIP FY25-26 DETAIL 5YR BY CATEGORY 2025-07-02
5. PC25-06 Planning Commission CIP FY25-26 New Projects Conforms to General Plan
6. _Proposed CIP BK FY 25-26 2025-07-02 Updated
CONTACT
Oscar Alcantar, Interim Public Works Director (707) 648-4433 [email protected]
Beth Schoenberger, Water Director (707) 648-5439
[email protected]
RESOLUTION N0. 25-_____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VALLEJO APPROVING THE FIVE-YEAR CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEARS 2025- 26 THROUGH 2029-2030
WHEREAS, a five-year Capital Improvement Plan (CIP) for fiscal years (FY) 2025 through 2029-2030 has been prepared which identifies the City’s long-term capital improvement project needs in a comprehensive and consistent format; and WHEREAS, the CIP was prepared in a format with the content that is consistent with the requirements of Government Code Section 66002, which establishes requirements for the preparation of a CIP that includes projects subject to development impact fees; and
WHEREAS, on May 5, 2025, in accordance with Government Code Section 65401, the Planning Commission reviewed the proposed CIP for fiscal year 2025-2026 and found that it conforms with the Vallejo General Plan 2020; and WHEREAS, on July 22, 2025, the City Council held a duly noticed public hearing to allow opportunity for public comment on the CIP; and WHEREAS, having satisfied the requirements of law governing preparation, content, general plan consistency, and opportunity for public review, the City Council wishes to adopt said CIP to formalize the document so it can become available for consideration in budgeting, land use planning, accounting, and future planning among other benefits.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Vallejo that:
1. The FY 2025-26 Capital Improvement Program is consistent with the General Plan 2040.
2. The five-year Capital Improvement Program for FY 2025-2026 through FY 2029-2030 is hereby approved.
3. Funds in the amount of $11,695,803 will be appropriated for the FY 2025-2026 CIP budget during the City’s budget process for FY 2025-2026.
4. The previous appropriations for Capital Projects in FY 2024-2025 shall be adjusted, carried over and re-appropriated into FY 2025-2026.
Adopted by the City Council of the City of Vallejo at a regular meeting held on July 22, 2025, with the following vote:
AYES:
NOES:
ABSENT:
____________________________________
ANDREA SORCE, MAYOR
ATTEST: _____________________________________
DAWN G. ABRAHAMSON, CITY CLERK
Fund No. Fund Name Project # Project Name FY25-26 Apppropriation 201 Capital Outlay PW9409 Trash Enclosures at Public Buildings (26,886)$ 201 Capital Outlay PW9423 Waterfront Part (50,000)$
201 Capital Outlay PW9430 Sideshow Deterrant (13,908)$
201 Capital Outlay PW9438 Electric Vehicle Chargers at City Facilities (18,145)$ 201 Capital Outlay PW9440 Sonoma Blvd Complete Streets (392,000)$ 201 Capital Outlay PW9706 Mare Island Causeway Lift Span Repairs (10,000)$ 201 Capital Outlay PW9739 Sonoma Blvd Retaining Wall (10,000)$ PW9837 Americans with Disabilities Act (ADA) Transition Plan Improvements
(107,861)$
201 Capital Outlay PWC109 Streets / Pavement Maintenance and Rehabilitation The reported on local amount that the City must
put in to receive Gas Tax
988,800$
201 Capital Outlay PWC111 Public Building Repairs
Repairs and major maintenance on City owned
buildings
705,000$
201 Capital Outlay PWC113 Street Sign Upgrades (66,304)$ 201 Capital Outlay PWC114 Solar Street Lights (15,736)$ 201 Capital Outlay PWM06 Marina Dredging 500,000$
201 Capital Outlay PWVS11 Vallejo Station Phase B (11,085)$ Fund 201 TOTAL 1,471,875$
219 Gas Sec 2103 / Highway Users Tax
Act (HUTA)
PWC109 Streets / Pavement Maintenance and Rehabilitation 400,000$ 219 Gas Sec 2103 / Highway Users Tax
Act (HUTA)
PWC113 Manual Uniform Traffic Control Devices (MUTCD)
Street Sign Upgrades
200,000$
219 Gas Sec 2103 / Highway Users Tax
Act (HUTA)
PWC116 Striping On-Call 200,000$
Fund 219 TOTAL 800,000$
226 Road Maint Rehab Acct (RMRA) /
Senate Bill 1 (SB1)
PW9415 America Disabilities Act (ADA) Sidewalk Shaving 100,000$ 226 Road Maint Rehab Acct (RMRA) /
Senate Bill 1 (SB1)
PW9417 Traffic Calming Toolbox Program 300,000$
226 Road Maint Rehab Acct (RMRA) /
Senate Bill 1 (SB1)
PW9705 America Disabilities Act (ADA) Curb Ramps 1,000,000$ 226 Road Maint Rehab Acct (RMRA) /
Senate Bill 1 (SB1)
PW9716 Joint City-County Sidewalk Project 250,000$
226 Road Maint Rehab Acct (RMRA) /
Senate Bill 1 (SB1)
PWC109 Streets/Pavement Maintenance and Rehabilitation
- Maintenance Staff
300,000$
226 Road Maint Rehab Acct (RMRA) /
Senate Bill 1 (SB1)
PWC117 Grind & Paving (New) 1,100,000$
Fund 226 TOTAL 3,050,000$
Fund 226
FY2025-2026 CIP BUDGET APPROPRIATIONS BY FUNDING SOURCE Fund 201
Fund 219
Fund No. Fund Name Project # Project Name FY25-26 Apppropriation FY2025-2026 CIP BUDGET APPROPRIATIONS BY FUNDING SOURCE 228 Measure P PW9416 Vision Zero Plan and Corridor Study 700,000$ 228 Measure P MP2026 Streets Paving 2026 Measure P 1,000,000$ Fund 228 TOTAL 1,700,000$
404 City Water Systems PW9402 Asset Management Project (4,964) 404 City Water Systems WT7054 Distribution Facilities Security Project 95,000 404 City Water Systems WT7065 Cordelia Unit No. 3 Emergency (2,359,598) 404 City Water Systems WT7074 Grid Pump Conversion Project (1,526,306) 404 City Water Systems WT7096 Lake Curry Dam Improvement Project 500,000 404 City Water Systems WT7097 Swing Check Valve Replacement (50,000) 404 City Water Systems WT7098 Meter Replacement Project 2,439,565 404 City Water Systems WT7099 Skyview Tank Repair Project 13,406,189 404 City Water Systems WT7107 Mare Island Tank Disinf. By-Product Destruction (500,000) 404 City Water Systems WT7112 Jameson Pump #7 Variable Frequency Drive 14,957 404 City Water Systems WT7113 Portable Emergency Generators (174,335) 404 City Water Systems WT7115 Mare Island Booster Pump Station (150,000) 404 City Water Systems WT7118 Water Main Replacement FY 21-22 (Cal Maritime) (2,707,975) 404 City Water Systems WT7119 Water Main Replacement FY 22-23 (3,506,615) 404 City Water Systems WT7121 Fleming Hill, Pump Stations & Substation Electric Upgrades 500,000 404 City Water Systems WT7123 Clearwell Repairs Fleming Hill (100,000) 404 City Water Systems WT7126 Water Main Replacement FY23-24 (400,000) 404 City Water Systems WT7131 Water Main Replacement FY 24-25 (15,000) 404 City Water Systems WT7132 Water Main Replacement FY 25-26 (15,000) 404 City Water Systems WT7133 Water Main Replacement FY 26-27 (15,000) Fund 404 TOTAL 5,430,918$
411 Lake Water Systems WT7047 Water Master Plan & Modeling Update (32,000) 411 Lake Water Systems WT7100 Lake Frey Dam Improvement 200,000 411 Lake Water Systems WT7105 Green Valley Water Treatment Plant Corrosion Control (2,540) 411 Lake Water Systems WT7106 Siebe and Rockville Tank Replacement (348,534) 411 Lake Water Systems WT7113 Portable Emergency Generators (65,947) 411 Lake Water Systems WT7121 Fleming Hill, Pump Stations & Substation Electric Upgrades (47,500) 411 Lake Water Systems WT7128 Lake Water System Auxiliary Pump Supply (460,469) Fund 411 TOTAL (756,990)$
11,695,803$
Fund 411
GRAND TOTAL FY2025-26 CIP Budget Appropriations
Fund 404
Fund 228
Project Balance
Project Funding at
beginning of
FY 2025-26
(possibly encumbered)
(two previous columns combined
as of 4/30/25)
16 BICYCLE & PEDESTRIAN
SAFETY 3,933,854$ 648,000$ 4,581,854$ 260,000$ 5 BRIDGES 28,298,983$ (10,000)$ 28,288,983$ -$ 4 DOWNTOWN / WATERFRONT 2,326,427$ (50,000)$ 2,276,427$ -$ 16 FACILITIES 7,070,531$ 541,023$ 7,611,554$ 4,400,000$ 4 MARINA 1,067,052$ 500,000$ 1,567,052$ -$ 14 OTHER 4,933,375$ -$ 4,933,375$ -$ 9 STREETS -
INFRASTRUCTURE 2,784,979$ 1,604,052$ 4,389,031$ 125,000$ 19 STREETS - PAVEMENT 25,638,078$ 3,788,800$ 29,426,878$ 14,600,000$ 62 WATER 34,731,713$ 4,673,928$ 39,405,641$ 78,590,000$ 149 Grand Total 110,784,992$ 11,695,803$ 122,480,795$ 97,975,000$ FY 2025-26
Appropriations
SUMMARY of 5-Year CIP Projects by Categories
# Category
Proposed
FY 2025-26
Budget
Appropriations
Estimated
4-Out Year Total
BICYCLE & PEDESTRIAN SAFETY, $4,581,854 , 4% BRIDGES, $28,288,983 , 23%
DOWNTOWN / WATERFRONT,
$2,276,427 , 2%
FACILITIES, $7,611,554 , 6%
MARINA, $1,567,052 , 1%
OTHER, $4,933,375 , 4%
STREETS - INFRASTRUCTURE, $4,389,031 , 4%
STREETS -
PAVEMENT,
$29,426,878 , 24%
WATER,
$39,405,641 , 32%
Project Budgets
at beginning of
FY 2025-26
$122,480,795
BICYCLE & PEDESTRIAN SAFETY, $648,000 , 5% BRIDGES, $(10,000), 0%
DOWNTOWN / WATERFRONT,
$(50,000), 0%
FACILITIES,
$541,023 , 5%
MARINA,
OTHER, $- , 0%
STREETS - INFRASTRUCTURE,
$1,604,052 , 14%
STREETS -
PAVEMENT,
$3,788,800 , 32%
WATER,
$4,673,928 , 40%
FY 2025-26
Proposed Budget
Appropriations
$11,695,803
Project Balance
(possibly encumbered)
BICYCLE & PEDESTRIAN SAFETY (16 Projects Total)
1 CED001 Vallejo Bluffs Trail Improvements 201-Capital Outlay -$ -$ -$ -$ -$ -$ -$ -$ 221-Grants /
Reimbursements 102,174$ -$ 102,174$ -$ -$ -$ -$ -$ 2 PW9415 Sidewalk Shaving Program 201-Capital Outlay 108,733$ -$ 108,733$ 65,000$ 65,000$ 65,000$ 65,000$ 260,000$ 219-Gas Sec 2103 /
HUTA -$ -$ -$ -$ -$ -$ -$ -$ 226-RMRA 69,288$ 100,000$ 169,288$ -$ -$ -$ -$ -$ 3 PW9416 Vision Zero Plan and Corridor Study 203-TIMF 100,924$ -$ 100,924$ -$ -$ -$ -$ -$ 221-Grants /
Reimbursements 197,274$ -$ 197,274$ -$ -$ -$ -$ -$ 228-Measure P -$ 700,000$ 700,000$ -$ -$ -$ -$ -$ 4 PW9425
California Air Resources Board
Sustainable Transportation Equity
Project (CARBStep) Solano
Transportation Equity Project
(SolSTEP)
221-Grants /
Reimbursements 59,850$ -$ 59,850$ 59,850$ -$ -$ -$ -$ -$ 5 PW9432
Safe Routes to School (SR2S)
Crosswalk Striping and Radar
Feedback Signs
203-TIMF 29$ -$ 29$ -$ -$ -$ -$ -$ 219-Gas Sec 2103 /
HUTA 1,290$ -$ 1,290$ -$ -$ -$ -$ -$ 221-Grants /
Reimbursements -$ -$ -$ -$ -$ -$ -$ -$ 226-RMRA -$ -$ -$ -$ -$ -$ -$ -$ 6 PW9440 Sonoma Blvd Complete Streets 201-Capital Outlay 392,001$ (392,000)$ 1$ 1$ -$ -$ -$ -$ -$ 7 PW9709 Pedestrian Crossing Enhancements at
17 Locations 201-Capital Outlay 43,330$ -$ 43,330$ -$ -$ -$ -$ -$ 221-Grants /
Reimbursements 232,851$ -$ 232,851$ -$ -$ -$ -$ -$ 226-RMRA 150,000$ -$ 150,000$ -$ -$ -$ -$ -$ 228-Measure P 100,000$ -$ 100,000$ -$ -$ -$ -$ -$ 8 PW9711 Community Based Transportation
Program (CBTP)
221-Grants /
Reimbursements 1$ -$ 1$ 1$ -$ -$ -$ -$ -$ 9 PW9714 Fifth Street Bike and Pedestrian Safety 221-Grants / Reimbursements 50,000$ -$ 50,000$ 50,000$ -$ -$ -$ -$ -$ 10 PW9716 Joint City-County Sidewalk Project 226-RMRA -$ 250,000$ 250,000$ 250,000$ -$ -$ -$ -$ -$ 11 PW9735
Rectangular Rapid-Flashing Beacons
(RRFB) Crossing Improvements at
Five Locations
201-Capital Outlay -$ -$ -$ -$ -$ -$ -$ -$ 203-TIMF -$ -$ -$ -$ -$ -$ -$ -$ 221-Grants /
Reimbursements -$ -$ -$ -$ -$ -$ -$ -$ 226-RMRA 57,894$ -$ 57,894$ -$ -$ -$ -$ -$ 526,181$
5-Year Detail List of all Projects Separated by Categories 102,174$
Project
# Project Title Fund Estimated
FY 2029-30
Estimated
4-Out Year Total
Proposed
FY 2025-26
Budget
Appropriations
Estimated
FY 2026-27
Estimated
FY 2027-28
57,894$
Estimated
FY 2028-29
Project Funding available at
beginning of FY 2025-26
(two previous columns combined)
1,319$
278,021$
998,198$
Project Balance
(possibly encumbered)
5-Year Detail List of all Projects Separated by Categories Project
# Project Title Fund Estimated
FY 2029-30
Estimated
4-Out Year Total
Proposed
FY 2025-26
Budget
Appropriations
Estimated
FY 2026-27
Estimated
FY 2027-28
Estimated
FY 2028-29
Project Funding available at
beginning of FY 2025-26
(two previous columns combined)
12 PW9736
High-Intensity Activated Crosswalk
(HAWK) Intersection Improvements at
Six Locations
203-TIMF 211,313$ -$ 211,313$ -$ -$ -$ -$ -$ 221-Grants /
Reimbursements 1,134,464$ -$ 1,134,464$ -$ -$ -$ -$ -$ 226-RMRA 254,239$ -$ 254,239$ -$ -$ -$ -$ -$ 13 PW9739 Sonoma Blvd Retaining Wall 201-Capital Outlay 10,001$ (10,000)$ 1$ 1$ -$ -$ -$ -$ -$ 14 PW9802 Bay Trail / Vine Trail Gap Closure 201-Capital Outlay -$ -$ -$ -$ -$ -$ -$ -$ 219-Gas Sec 2103 /
HUTA 345,780$ -$ 345,780$ -$ -$ -$ -$ -$ 221-Grants /
Reimbursements -$ -$ -$ -$ -$ -$ -$ -$ 226-RMRA 261,080$ -$ 261,080$ -$ -$ -$ -$ -$ 228-Measure P 20,000$ -$ 20,000$ -$ -$ -$ -$ -$ 15 PWAR01 Capitol Street Stairs 201-Capital Outlay 4,981$ -$ 4,981$ 4,981$ -$ -$ -$ -$ -$ 16 PWL008 Old Glen Cove Bike Trail 201-Bond Glen Cove 26,357$ -$ 26,357$ 26,357$ -$ -$ -$ -$ -$ BICYCLE & PEDESTRIAN SAFETY TOTAL 3,933,854$ 648,000$ 4,581,854$ 4,581,854$ 65,000$ 65,000$ 65,000$ 65,000$ 260,000$ BRIDGES (5 Projects Total)
17 PW9706 Mare Island Bridge Lift Span Repairs 201-Capital Outlay 10,001$ (10,000)$ 1$ 1$ -$ -$ -$ -$ -$ 18 PW9759 Mare Island Causeway Bridge Railing 112-Mare Island CFD 19,025$ -$ 19,025$ 19,025$ -$ -$ -$ -$ -$ 19 PW9762 Mare Island Causeway Bridge
Maintenace 112-Mare Island CFD 1,687,647$ -$ 1,687,647$ -$ -$ -$ -$ -$ 204-Bridge 300,000$ -$ 300,000$ -$ -$ -$ -$ -$ 221-Grants /
Reimbursements 21,673,085$ -$ 21,673,085$ -$ -$ -$ -$ -$ 228-Measure P 3,000,000$ -$ 3,000,000$ -$ -$ -$ -$ -$ 20 PW9775 Mare Island Causeway Bridge Controls 112-Mare Island CFD 1,070,655$ -$ 1,070,655$ 1,070,655$ -$ -$ -$ -$ -$ 21 PW9798 Sacramento Street Bridge 201-Capital Outlay -$ -$ -$ -$ -$ -$ -$ -$ 204-Bridge -$ -$ -$ -$ -$ -$ -$ -$ 219-Gas Sec 2103 /
HUTA 178,157$ -$ 178,157$ -$ -$ -$ -$ -$ 221-Grants /
Reimbursements 360,413$ -$ 360,413$ -$ -$ -$ -$ -$ 404-City Water Sys -$ -$ -$ -$ -$ -$ -$ -$ BRIDGES TOTAL 28,298,983$ (10,000)$ 28,288,983$ 28,288,983$ -$ -$ -$ -$ -$ 626,860$
26,660,732$
538,570$
1,600,016$
Project Balance
(possibly encumbered)
5-Year Detail List of all Projects Separated by Categories Project
# Project Title Fund Estimated
FY 2029-30
Estimated
4-Out Year Total
Proposed
FY 2025-26
Budget
Appropriations
Estimated
FY 2026-27
Estimated
FY 2027-28
Estimated
FY 2028-29
Project Funding available at
beginning of FY 2025-26
(two previous columns combined)
DOWNTOWN / WATERFRONT (4 Projects Total)
22 CCLGP Clean California Georgia Street
Beautification and Cleanup
221-Grants /
Reimbursements 231,500$ -$ 231,500$ 231,500$ -$ -$ -$ -$ -$ 23 PW9423 Waterfront Park 201-Capital Outlay 50,000$ (50,000)$ -$ -$ -$ -$ -$ -$ 227-Waterfront
History 41,715$ -$ 41,715$ -$ -$ -$ -$ -$ 24 PW9437 Ferry Terminal Mobility Hubs 201-Capital Outlay 71,985$ -$ 71,985$ -$ -$ -$ -$ -$ 221-Grants /
Reimbursements 197,157$ -$ 197,157$ -$ -$ -$ -$ -$ 25 PW9447 Waterfront Revival Improvements 221-Grants /
Reimbursements 1,734,070$ -$ 1,734,070$ 1,734,070$ -$ -$ -$ -$ -$ DOWNTOWN / WATERFRONT TOTAL 2,326,427$ (50,000)$ 2,276,427$ 2,276,427$ -$ -$ -$ -$ -$ FACILITIES (16 Projects Total)
26 HKEY22 HomeKey Housing Round 2 201-ARPA 179,290$ -$ 179,290$ -$ -$ -$ -$ -$ 221-Grants /
Reimbursements -$ -$ -$ -$ -$ -$ -$ -$ 27 MINPS
Mare Island Quarters A National Park
Service (NPS) Grant Structural
Rehabilitation
201-Capital Outlay 749,686$ -$ 749,686$ -$ -$ -$ -$ -$ 221-Grants /
Reimbursements 750,000$ -$ 750,000$ -$ -$ -$ -$ -$ 28 PW9405 Elevator Rehabilitation 223-Long Term
Maintenance 25,918$ -$ 25,918$ 25,918$ -$ -$ -$ -$ -$ 29 PW9409 Trash Enclosures at Public Buildings 201-Capital Outlay 26,886$ (26,886)$ -$ -$ -$ -$ -$ -$ 227-Waterfront
History 25,000$ -$ 25,000$ -$ -$ -$ -$ -$ 30 PW9418 Mare Island Cemetery Rehabilitation 107-Mare Island Base Reuse 13$ -$ 13$ -$ -$ -$ -$ -$ 201-Capital Outlay 42,075$ -$ 42,075$ -$ -$ -$ -$ -$ 223-Long Term
Maintenance 10$ -$ 10$ -$ -$ -$ -$ -$ 31 PW9433 Homeless Navigation Center 101-Housing -$ -$ -$ -$ -$ -$ -$ -$ 201-ARPA -$ -$ -$ -$ -$ -$ -$ -$ 201-Capital Outlay -$ -$ -$ -$ -$ -$ -$ -$ 221-Grants /
Reimbursements 551,300$ -$ 551,300$ -$ -$ -$ -$ -$ 228-Measure P -$ -$ -$ -$ -$ -$ -$ -$ 32 PW9438 Electric Vehicle Chargers at City
Facilities 201-Capital Outlay 18,145$ (18,145)$ -$ -$ -$ -$ -$ -$ 221-Grants /
Reimbursements -$ -$ -$ -$ -$ -$ -$ -$ 223-Long Term
Maintenance 10,885$ -$ 10,885$ -$ -$ -$ -$ -$ 41,715$
269,142$
179,290$
1,499,686$
25,000$
42,098$
551,300$
10,885$
Project Balance
(possibly encumbered)
5-Year Detail List of all Projects Separated by Categories Project
# Project Title Fund Estimated
FY 2029-30
Estimated
4-Out Year Total
Proposed
FY 2025-26
Budget
Appropriations
Estimated
FY 2026-27
Estimated
FY 2027-28
Estimated
FY 2028-29
Project Funding available at
beginning of FY 2025-26
(two previous columns combined)
33 PW9442 Mare Island Facilities 112-Mare Island CFD 63,907$ -$ 63,907$ -$ -$ -$ -$ -$ 221-Grants /
Reimbursements -$ -$ -$ -$ -$ -$ -$ -$ 34 PW9443 Lake Dalwigk Park Improvements 221-Grants /
Reimbursements 96,817$ -$ 96,817$ 96,817$ -$ -$ -$ -$ -$ 35 PW9448 MI Quarters A Chapel Restoration 221-Grants / Reimbursements 1,123,015$ -$ 1,123,015$ 1,123,015$ -$ -$ -$ -$ -$ 36 PW9818 Public Safety Building Rehabilitation
and Design 201-Capital Outlay 162,800$ -$ 162,800$ -$ -$ -$ -$ -$ 201-ARPA 555,664$ -$ 555,664$ -$ -$ -$ -$ -$ 228-Measure P 20,907$ -$ 20,907$ -$ -$ -$ -$ -$ 37 PW9837 Americans with Disabilities Act (ADA)
Transition Plan Improvements 201-Capital Outlay 107,862$ (107,861)$ 1$ 1$ -$ -$ -$ -$ -$ 38 PWC111 Public Building Repairs 107-Mare Island Base
Reuse 125,000$ -$ 125,000$ -$ -$ -$ -$ -$ 201-ARPA -$ -$ -$ -$ -$ -$ -$ 201-Capital Outlay 1,112,992$ 705,000$ 1,817,992$ 1,000,000$ 1,000,000$ 1,000,000$ 1,000,000$ 4,000,000$ 415-Marina 6,945$ -$ 6,945$ -$ -$ -$ -$ -$ 39 PWC112 Roof Repairs / Replacement 134-State Lands 600,000$ -$ 600,000$ -$ -$ -$ -$ -$ 201-Capital Outlay 625,000$ -$ 625,000$ -$ -$ -$ -$ -$ 40 PWV001 Vallejo Station Major Maintenance 221-Grants / Reimbursements -$ -$ -$ -$ -$ -$ -$ -$ 431-Parking 79,328$ -$ 79,328$ 100,000$ 100,000$ 100,000$ 100,000$ 400,000$ 41 PWVS11 Vallejo Station Phase B 201-Capital Outlay 11,086$ (11,085)$ 1$ 1$ -$ -$ -$ -$ -$ FACILITIES TOTAL 7,070,531$ 541,023$ 7,611,554$ 7,611,554$ 1,100,000$ 1,100,000$ 1,100,000$ 1,100,000$ 4,400,000$ MARINA (4 Projects Total)
42 PWM06 Marina Dredging 201-Capital Outlay 45,752$ 500,000$ 545,752$ -$ -$ -$ -$ -$ 415-Marina 244,269$ -$ 244,269$ -$ -$ -$ -$ -$ 43 PWM07 Emergency Dock Repairs 201-Capital Outlay 500,000$ -$ 500,000$ -$ -$ -$ -$ -$ 415-Marina -$ -$ -$ -$ -$ -$ -$ -$ 44 PWM08 Marina Abandoned Boats 415-Marina 123,454$ -$ 123,454$ 123,454$ -$ -$ -$ -$ -$ 45 PWM09 Marina Sea Wall 415-Marina 153,577$ -$ 153,577$ 153,577$ -$ -$ -$ -$ -$ MARINA TOTAL 1,067,052$ 500,000$ 1,567,052$ 1,567,052$ -$ -$ -$ -$ -$ 790,021$
500,000$
63,907$
739,371$
1,225,000$
79,328$
1,949,937$
Project Balance
(possibly encumbered)
5-Year Detail List of all Projects Separated by Categories Project
# Project Title Fund Estimated
FY 2029-30
Estimated
4-Out Year Total
Proposed
FY 2025-26
Budget
Appropriations
Estimated
FY 2026-27
Estimated
FY 2027-28
Estimated
FY 2028-29
Project Funding available at
beginning of FY 2025-26
(two previous columns combined)
OTHER (14 Projects Total)
46 CARP23 County American Rescue Plan Act
(ARPA) Broadway
221-Grants /
Reimbursements 1,000,276$ -$ 1,000,276$ 1,000,276$ -$ -$ -$ -$ -$ 47 CIIG24 California Infill Infrastructure 221-Grants / Reimbursements 531,897$ -$ 531,897$ 531,897$ -$ -$ -$ -$ -$ 48 PW9420 Erosion Control 203-TIMF 200,000$ -$ 200,000$ 200,000$ -$ -$ -$ -$ -$ 49 PW9429 Hazardous Material / Underground
Tank Remediation 201-Capital Outlay 116,604$ -$ 116,604$ 116,604$ -$ -$ -$ -$ -$ 50 PW9434
Sonoma Marin Area Rail Transit
(SMART) Train Light Rail Feasibility
Study
201-Capital Outlay 1$ -$ 1$ 1$ -$ -$ -$ -$ -$ 51 PW9435 Hiddenbrooke Parkway Rehabilitation 201-Bond
Hiddenbrooke 206,261$ -$ 206,261$ 206,261$ -$ -$ -$ -$ -$ 52 PW9733 Northgate Improvements 201-Bond Northgate 33,944$ -$ 33,944$ 33,944$ -$ -$ -$ -$ -$ 53 PW9787 Glen Cove Improvements 201-Bond Glen Cove 1$ -$ 1$ 1$ -$ -$ -$ -$ -$ 54 PW9819 North Mare Island Building Demolition 201-Capital Outlay 866,907$ -$ 866,907$ -$ -$ -$ -$ -$ 204-Bridge -$ -$ -$ -$ -$ -$ -$ -$ 55 PWC306 Northeast Quadrant Maintenance 201-Bond Northeast Quadrant 362,300$ -$ 362,300$ 362,300$ -$ -$ -$ -$ -$ 56 PWL002 Glen Cove Parkway Improvements 185-LMD Glen Cove 1$ -$ 1$ -$ -$ -$ -$ -$ 201-Bond Glen Cove -$ -$ -$ -$ -$ -$ -$ -$ 57 PWL004 Town and Country I Fence 165-LMD Town &
Country I 75,000$ -$ 75,000$ 75,000$ -$ -$ -$ -$ -$ 58 PWL007 Glen Cove Parkway Improvements
Phase 2 185-LMD Glen Cove 151,356$ -$ 151,356$ -$ -$ -$ -$ -$ 201-Bond Glen Cove 1,088,827$ -$ 1,088,827$ -$ -$ -$ -$ -$ 59 PWR20A PG&E Rule 20A Credits for
Underground Wiring 201-Rule 20A Credits 300,000$ -$ 300,000$ 300,000$ -$ -$ -$ -$ -$ OTHER TOTAL 4,933,375$ -$ 4,933,375$ 4,933,375$ -$ -$ -$ -$ -$ STREETS - INFRASTRUCTURE (9 Projects Total)
60 PW9417 Traffic Calming Toolbox Program 203-TIMF 2,230$ -$ 2,230$ -$ -$ -$ -$ -$ 221-Grants /
Reimbursements 33,533$ -$ 33,533$ -$ -$ -$ -$ -$ 226-RMRA 193,823$ 300,000$ 493,823$ -$ -$ -$ -$ -$ 61 PW9422 Frontage Lane Traffic Signals 203-TIMF 200,000$ -$ 200,000$ 200,000$ -$ -$ -$ -$ -$ 62 PW9430 Sideshow Deterrant 201-ARPA -$ -$ -$ -$ -$ -$ -$ -$ 201-Capital Outlay 13,908$ (13,908)$ -$ -$ -$ -$ -$ -$ 203-TIMF -$ -$ -$ -$ -$ -$ -$ -$ 219-Gas Sec 2103 /
HUTA 43,590$ -$ 43,590$ -$ -$ -$ -$ -$ 866,907$
529,586$
1$
1,240,183$
43,590$
Project Balance
(possibly encumbered)
5-Year Detail List of all Projects Separated by Categories Project
# Project Title Fund Estimated
FY 2029-30
Estimated
4-Out Year Total
Proposed
FY 2025-26
Budget
Appropriations
Estimated
FY 2026-27
Estimated
FY 2027-28
Estimated
FY 2028-29
Project Funding available at
beginning of FY 2025-26
(two previous columns combined)
63 PW9705 Americans with Disabilities Act (ADA)
Curb Ramps 201-Capital Outlay -$ -$ -$ -$ -$ -$ -$ -$ 226-RMRA 150,000$ 1,000,000$ 1,150,000$ -$ -$ -$ -$ -$ 228-Measure P 500,000$ -$ 500,000$ -$ -$ -$ -$ -$ 64 PW9715 Road Edgeline Project 221-Grants /
Reimbursements 350,000$ -$ 350,000$ 350,000$ -$ -$ -$ -$ -$ 65 PWC113 Street Sign Upgrades 201-Capital Outlay 66,304$ (66,304)$ -$ 75,000$ 50,000$ -$ -$ 125,000$ 219-Gas Sec 2103 /
HUTA -$ 200,000$ 200,000$ -$ -$ -$ -$ -$ 226-RMRA 115,855$ -$ 115,855$ -$ -$ -$ -$ -$ 66 PWC114 Solar Street Lights 201-Capital Outlay 15,736$ (15,736)$ -$ -$ -$ -$ -$ -$ 226-RMRA 200,000$ -$ 200,000$ -$ -$ -$ -$ -$ 228-Measure P 500,000$ -$ 500,000$ -$ -$ -$ -$ -$ 67 PWC116 Striping On-Call 219-Gas Sec 2103 /
HUTA -$ 200,000$ 200,000$ -$ -$ -$ -$ -$ 226-RMRA 200,000$ -$ 200,000$ -$ -$ -$ -$ -$ 68 PWL009 Glen Cove Parkway Traffic Calming 201-Bond Glen Cove 200,000$ -$ 200,000$ 200,000$ -$ -$ -$ -$ -$ STREETS-INFRASTRUCTURE TOTAL 2,784,979$ 1,604,052$ 4,389,031$ 4,389,031$ 75,000$ 50,000$ -$ -$ 125,000$ STREETS - PAVEMENT (19 Projects Total)
69 MP2025 Streets 2025 Measure P 228-Measure P 10,000,000$ -$ 10,000,000$ 10,000,000$ -$ -$ -$ -$ -$ 70 MP2026 Streets 2026 Measure P 228-Measure P -$ 1,000,000$ 1,000,000$ 1,000,000$ -$ -$ -$ -$ -$ 71 PW9421 Turner Parkway Improvements 203-TIMF 200,000$ -$ 200,000$ 200,000$ -$ -$ -$ -$ -$ 72 PW9441 Magazine Street Narrowing 201-Capital Outlay 1$ -$ 1$ 1$ -$ -$ -$ -$ -$ 73 PW9446 Hiddenbrooke Overpass Improvement 211-Hiddenbrooke 379,835$ -$ 379,835$ 379,835$ -$ -$ -$ -$ -$ 74 PW9701 Admiral Callaghan Widening 203-TIMF 400,000$ -$ 400,000$ -$ -$ -$ -$ -$ 208-Northgate 91,978$ -$ 91,978$ -$ -$ -$ -$ -$ 75 PW9703 Springs Road Pavement Rehabilitation 221-Grants / Reimbursements 1,795,874$ -$ 1,795,874$ -$ -$ -$ -$ -$ 226-RMRA 3,851,681$ -$ 3,851,681$ -$ -$ -$ -$ -$ 76 PW9704 Tennessee Street Pavement
Rehabilitation 226-RMRA 1$ -$ 1$ 1$ -$ -$ -$ -$ -$ 77 PW9708 Springs Rd Road Diet 221-Grants /
Reimbursements 1,223,457$ -$ 1,223,457$ -$ -$ -$ -$ -$ 226-RMRA 319,787$ -$ 319,787$ -$ -$ -$ -$ -$ 78 PW9710 Meadows Drive Pavement
Rehabilitation 226-RMRA 674,515$ -$ 674,515$ 674,515$ -$ -$ -$ -$ -$ 400,000$
1,543,244$
315,855$
5,647,555$
491,978$
700,000$
1,650,000$
Project Balance
(possibly encumbered)
5-Year Detail List of all Projects Separated by Categories Project
# Project Title Fund Estimated
FY 2029-30
Estimated
4-Out Year Total
Proposed
FY 2025-26
Budget
Appropriations
Estimated
FY 2026-27
Estimated
FY 2027-28
Estimated
FY 2028-29
Project Funding available at
beginning of FY 2025-26
(two previous columns combined)
79 PW9712 Columbus Parkway Widening 224-Columbus
Parkway Impact Fee 2,060,346$ -$ 2,060,346$ 2,060,346$ -$ -$ -$ -$ -$ 80 PW9728 Sacramento St Road Diet Phase 2 221-Grants /
Reimbursements 925,000$ -$ 925,000$ -$ -$ -$ -$ -$ 226-RMRA 185,818$ -$ 185,818$ -$ -$ -$ -$ -$ 81 PW9729 Sacramento St Road Diet 203-TIMF -$ -$ -$ -$ -$ -$ -$ -$ 219-Gas Sec 2103 /
HUTA -$ -$ -$ -$ -$ -$ -$ -$ 221-Grants /
Reimbursements -$ -$ -$ -$ -$ -$ -$ -$ 226-RMRA 1$ -$ 1$ -$ -$ -$ -$ -$ 82 PW9731 Redwood St Road Diet 203-TIMF -$ -$ -$ -$ -$ -$ -$ -$ 219-Gas Sec 2103 /
HUTA -$ -$ -$ -$ -$ -$ -$ -$ 226-RMRA 4,489$ -$ 4,489$ -$ -$ -$ -$ -$ 83 PW9745 Citywide Slurry Sleal 112-Mare Island CFD -$ -$ -$ -$ -$ -$ -$ -$ 201-Bond Glen Cove -$ -$ -$ -$ -$ -$ -$ -$ 201-Bond
Hiddenbrooke -$ -$ -$ -$ -$ -$ -$ -$ 201-Capital Outlay -$ -$ -$ -$ -$ -$ -$ -$ 219-Gas Sec 2103 /
HUTA 360,217$ -$ 360,217$ -$ -$ -$ -$ -$ 226-RMRA -$ -$ -$ -$ -$ -$ -$ -$ 228-Measure P 1,024$ -$ 1,024$ -$ -$ -$ -$ -$ 84 PW9788 Fairground Drive Improvements 201-Bond Fairground 93,464$ -$ 93,464$ 93,464$ -$ -$ -$ -$ -$ 85 PWC109 Streets / Pavement Maintenance and
Rehabiliation 201-Capital Outlay 917,222$ 988,800$ 1,906,022$ 1,100,000$ 1,100,000$ 1,100,000$ 1,100,000$ 4,400,000$ 219-Gas Sec 2103 /
HUTA 516,559$ 400,000$ 916,559$ 350,000$ 350,000$ 350,000$ 350,000$ 1,400,000$ 226-RMRA 39,944$ 300,000$ 339,944$ 2,200,000$ 2,200,000$ 2,200,000$ 2,200,000$ 8,800,000$ 228-Measure P 1,596,864$ -$ 1,596,864$ -$ -$ -$ -$ -$ 86 PWC117 Grind & Paving 226-RMRA -$ 1,100,000$ 1,100,000$ 1,100,000$ -$ -$ -$ -$ -$ 87 PWC316 Highway 37 Relinquishment 221-Grants /
Reimbursements 1$ -$ 1$ 1$ -$ -$ -$ -$ -$ STREETS-PAVEMENT TOTAL 25,638,078$ 3,788,800$ 29,426,878$ 29,426,878$ 3,650,000$ 3,650,000$ 3,650,000$ 3,650,000$ 14,600,000$ WATER (62 Projects Total)
88 PW9401 Lake Chabot Dam Improvement
Project 201-Capital Outlay -$ -$ -$ -$ -$ -$ -$ -$ 404-City Water
Systems 445,492$ -$ 445,492$ -$ -$ -$ -$ -$ 1$
4,759,389$
361,241$
1,110,818$
4,489$
445,492$