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18-001 Ice Center Enterprises CITY OF No. 2��q"14 FY2018-21 CUPERTINO RECREATION SERVICES AGREEMENT 1. Parties.This contract is made and entered into as of 7/1/2018("Effective Date"),by and between the City of Cupertino, a municipal corporation ("City"), and with ICE CENTER ENTERPRISES, ("Contractor"), a PARTNERSHIP for ICE SKATING CAMPS AND CLASSES. 2. Services.Contractor agrees to provide the Services included in the Scope of Work and in accordance with the Schedule of Performance attached in Exhibit A. 3. Term. This contract begins on the Effective Date and ends on 6/30/2021 ("Contract Time"),unless extended or terminated as provided herein.Time is of the essence and Contractor must have sufficient time, resources, and qualified staff to deliver the Services as required. Contractor must promptly notify City of any actual or potential delays to afford the Parties adequate opportunity to address or mitigate such delays. 4. Compensation. City will pay Contractor for satisfactory performance of the Services an amount that will based upon actual costs but that will be capped so as not to exceed$60,000("Contract Price"),based upon the Scope of Services,budget,performance schedule,and rates included in Exhibit A. The maximum compensation includes all costs, expenses and reimbursements and will remain in place even if Contractor's actual costs exceed the capped amount.Contractor must submit invoices and the information required in Exhibit A in order to receive payment. City will compensate Contractor within 30 days after approval of written invoices. Invoices are subject to review and audit by City during regular business hours upon 24-hours' notice. Contractor must maintain complete and accurate records of payrolls, expenditures, disbursements and other cost items charged to City or establishing the basis for an invoice, for a minimum of four(4)years from the date of final payment. 5. Independent Contractor.Contractor is an independent Contractor and not an employee, partner, or joint venture of City. Contractor is solely responsible for the means and methods of performing the Services and for the persons hired to work under this Agreement.No civil service status or other right of employment will be acquired by virtue of Contractor's performance of the Services. Contractor is not entitled to City's health benefits, worker's compensation or any other benefit. Contractor must have the skills and qualifications to perform the Services in a competent and professional manner. Contractor will supply all tools, materials and equipment required to perform the Services under this Contract. Contractor is responsible for obtaining permits and licenses required by law and must obtain a City business license. Recreation Services Agreement/Rev.3-27-2018 Page 1 of 6 I i i 6. Proprietary/Confidential Information.To the extent Contractor may have access to private or confidential information owned or controlled by the City, Contractor agrees to treat it confidential and use it solely to perform this Agreement. Contractor must exercise the same standard of care to protect City information as a reasonably prudent Contractor would use to protect its own proprietary data. 7. Ownership of Materials.To the extent Contractor prepares written material, drawings or data in connection with this contract, City will have the property rights to those materials and all copyrights,if any,to such work product will constitute City property. 8. Records.Contractor must maintain complete,accurate,and detailed accounting records relating to its performance in accordance with generally accepted accounting principles and procedures. The records must include detailed information about Contractor's services,benchmarks, deliverables and costs/fees,and must be made reasonably available to City.The records and supporting documents must be kept separate from other files and maintained for four years from the date of City's final payment. 9. Assignment.This Contract is not assignable. Contractor may not substitute another or transfer any rights or obligations under this Contract without prior written approval of City.Only those persons whose names are included in Exhibit A may perform the Services. 10. Publicity and Signs.Any publicity generated by Contractor related to this contract or the Services during the Contract Time and for one year thereafter must reference City contributions. The words "City of Cupertino' shall be displayed in all pieces of publicity, including flyers, press releases, posters, brochures, public service announcements, interviews and newspaper articles. No signs may be posted,exhibited or displayed on or about City property,except signage required by law or under this Agreement without prior written approval from City. 11. Indemnification.To the fullest extent allowed by law and except for losses caused by the sole negligence or willful misconduct of City personnel, Contractor agrees to indemnify, defend, and hold harmless the City, its City Council, boards and commissions, officers, officials, employees, agents, servants, volunteers and Contractors (collectively, "Indemnitees"), through legal counsel acceptable to City, from and against any liability for damages, claims, actions, causes of action, demands,charges,losses,costs and expenses(including attorney fees,legal costs and expenses related to litigation,arbitrations,administrative and regulatory proceedings),of every nature,arising out of or in any way related to Contractor's or Contractor's agents performance of this contract or the Services. This includes but is not limited to Liability resulting in personal injury, death, property damage, or economic losses. Contractor must pay any costs City may incur in enforcing this provision and must accept a tender of defense upon receiving notice from City.Contractor's payments may be deducted or offset to cover any money the City lost due to a claim or counterclaim arising out of this Contract. 12. Insurance.Contractor shall comply with the insurance requirements in Exhibit B.City will not execute the Agreement until it has received and approved satisfactory certificates of insurance and endorsements evidencing the type, amount, and dates of coverage. Alternatively, City in its sole Recreation Services Agreement/Rev.3-27-2018 Page 2 of 6 discretion may purchase insurance and deduct the costs from payments to Contractor,or terminate the contract. 13. Compliance with Laws and Other City Requirements. Requirements for all Contracts. This contract is subject to local, state and federal laws and regulations prohibiting discrimination,including Title VII of the Civil Rights Act of 1964,the California Fair Employment Practices Act,the Americans with Disabilities Act of 1990,and other laws that pertain to fair employment and anti-discrimination practices. Contractor must comply with labor laws pertaining to prevailing wages, working hours, overtime, payroll records, and other requirements imposed by the Department of Industrial Relations.If Contractor does not have employees,it must sign the Affidavit of No Employees, attached as Exhibit C. Contractor is responsible for verifying employment eligibility of employees pursuant to the Immigration Reform and Control Act of 1986. Contractor must comply with conflict of interest laws and regulations applicable to this Agreement and avoid conflicts of interest. Contractor may be required to file a conflict of interest form for engaging in governmental decisions or serving in a staff capacity,and is hereby advised to review the requirements of California Political Reform Act and the California Code of Regulations. Services may only be performed by persons who are not employed by City and who do not have a contractual relationship with City other than this contract. Contractor agrees to abide by City policies and administrative rules prohibiting gifts to City officials and employees. Additional Requirements for Services Provided to Minors: Contractor and its employees who provide services under this Agreement must comply with these additional requirements: A. Undergo fingerprinting and a criminal background check and verify all employees providing services under this contract have met this requirement. B. Complete a Tuberculosis screening test as required by law and as set forth in Exhibit D. C. Comply with the Mandatory Reporting under California Penal Code 11164-11174.3 and with the protocols, reporting, axid training required under California Health and Safety Code Section 124235,AB2007, and other laws pertaining to concussion evaluation,removal from play, and return to play protocols. (Refer to Center for Disease Control & Prevention, https://www.cdc.gov/headsup/index.html). D. Submit required forms and acknowledgments included in Exhibit D, and ensure its each participant is provided with a concussion information sheet,signs and returns the forms to the City as required by Health and Safety Code Section 124235. Require coaches and administrators to successfully complete the concussion and head injury education at least once either online or in person, before supervising a participant. Contractor shall offer training, educational materials, or both to each Contractor administrator on a yearly basis. (Training resources are available at the Center for Disease Control&Prevention(link cited above). E. If providing instruction, Contractor must acknowledge and comply with all requirements set forth in the Recreation&Community Services Instructor Manual. Check one (if applicable): i Recreation Services Agreement/Rev.3-27-2018 Page 3 of 6 i ® This contract requires services for children. ❑ This contract currently does not require services for children. If in the future, services for children are required,the contract will require a'written amendment' to include the appropriate insurance coverages as required in'Exhibit B-Insurance Requirements for Recreation Contracts', proof of finger printing and additional requirements under Paragraph 13. The contract amendment will also require the approval of the Director of Recreation and Community Services and City Attorney. 14. Coordination of Services. The Parties designate the following persons as Services Coordinators with the responsibility to oversee the delivery of Services in accordance with the terms of this Agreement. Contractor's designation and any substitution are subject to City approval. For City: For Contractor: Name:Jeff Ordway Name:David Greene Position:Recreation Coordinator Position:Rink Manager Contact:jeffo@cupertino.org;408-777-3327 Contact: 15. Abandonment.City may abandon or postpone the Activity or Program and will notify Contractor as soon as possible. Contractor will be paid for satisfactory Services rendered through the date of abandonment upon submission of final invoices approved by City. 16. Termination. City may terminate this contract for cause or without cause at any time and will notify Contractor as soon as possible.Contractor will be paid for satisfactory services rendered through the date of termination upon submission of final invoices approved by City. 17. Governing Law,Venue and Dispute Resolution.This contract is governed by the laws of the State of California. Any legal actions or proceedings filed against City in connection with this contract must comply with the government claims filing requirements and must be filed with the Superior Court for the County of Santa Clara, State of California. At City's request, Contractor is required to continue to provide Services pending resolution of any dispute. If the Parties elect arbitration, the arbitrator's award must be supported by law and substantial evidence and include detailed written findings of law and fact. 18. Attorney Fees. If City is required to pursue litigation,arbitration or other administrative or regulatory proceeding to enforce its rights or the terms of this Agreement, the prevailing party will be entitled to reasonable attorney fees and costs.This Section survives this Agreement. 19. Third Party Beneficiaries.There are no third party beneficiaries under this Contract. Recreation Services Agreement/Rev.3-27-2018 Page 4 of 6 20. Waiver.Neither acceptance of Services nor payment thereof constitutes a waiver of any contract provision. City waiver of a breach shall not constitute waiver of another term, provision, covenant or condition,or a subsequent breach,whether of the same or a different character. 21. Entire Agreement.This Agreement and all referenced Exhibits are hereby attached and incorporated into the Agreement by this reference and represent the full and complete understanding as to those matters contained herein,and supersede any other contract or understanding,either oral or written,between the Parties.This Agreement may not be modified or amended except in writing signed by both Parties.If there is any inconsistency between the main contract and any attachments or exhibits thereto,the main contract shall prevail. 22. Inserted Provisions.Each provision or clause required by law or this contract is deemed to be included and will be inferred herein. Either party may request an amendment to cure any mistaken insertion or omission of a required provision. 23. Headings. The headings are for convenience only and are not a part of the contract or intended to affect,limit or amplify the terms or provisions of this Agreement. 24. Severability/Partial Invalidity.If any contract term or provision, or their application to a particular situation, is found by the court to be void, invalid, illegal or unenforceable, such term or provision shall remain in force and effect to the extent allowed by such ruling.All other contract terms and provisions and their application to specific situations will remain in full force and effect. 25. Survival.All provisions which by their nature must continue after the Agreement ends, including without limitation Indemnification,Insurance,Ownership of Materials,Records, Governing Law and Attorney Fees,will survive the expiration or termination of this Agreement. 26. Notices.All notices and instruments pertaining to material provisions of this contract or significant disputes which are required by law or under this contract to be in writing must be sent to the persons listed below. The notices will be deemed effective on the date of personal delivery or the date confirmed by a reputable overnight delivery service,on the fifth calendar day after deposit in the United States Mail, postage prepaid, registered or certified, or the next business day following electronic submission. To City of Cupertino: To Contractor: Office of the City Manager 10300 Torre Ave., Cupertino CA 95014 cc:Representative/Coordinator: cc:Representative/Coordinator: David Greene Jeff Ordway Email: Email: ieffo@cupertino.org Recreation Services Agreement/Rev.3-27-2018 Page 5 of 6 27. Validity of Contract. This contract is valid and enforceable only if it complies-with the provisions of Cupertino Municipal Code Chapters 3.22 and 3.23, is signed by the City Manager or authorized designee, and is approved for form by the City Attorney's Office. 28. Execution. The person executing this contract on behalf of Contractor represents and warrants that Contractor has full right, power, and authority to execute this contract and to carry out all actions and services required. This contract constitutes a legally binding obligation of Contractor, and may be executed in counterparts,each one of which is deemed an original and all of which, taken together, constitute a single binding instrument. IN WITNESS WHEREOF,the parties have caused this contract to be executed. CONTRACTOR CITY OF CUPERTINO ICE CENTER ENTERPRISES A Municipal Corporation By By 0 J /_ lTae7c-t Name, I�et�'l �.�i S�� Name ��L Title Vlt d v i, Title A56i --'6 I-eel✓' Date / Date Tax I.D.No.:Refer to W9 APPROVED AS TO FORM: ty ATTEST: RAN OLPH STEVENSON HOM GRACE SCHMIDT �p p- Cupertino City Attorney City Clerk Fiscal Year 2018-19 ContractlEncumbered Amount:$20,000 Account No.:580-63-620 700-702 Fiscal Year 2019-20 ContractlEncumbered Amount:$20,000 Account No.:580-63-620 700-702 Fiscal Year 2020-21 ContractlEncumbered Amount:$20,000 Account No.:580-63-620 700-702 Recreation Services Agreenientl Rev.3-27-2018 Page 6 of 6 i I EXHIBIT A SCOPE OF WORK,PERFORMANCE AND PAYMENT SCHEDULES The CONTRACTOR will provide ICE SKATING CAMPS AND CLASSES in,but not limited to, the following: ICE SKATING: YOUTH,ICE SKATING:PARENT/CHILD, ICE SKATING: ADULT, SNOWBALL SATURDAY, FROZEN FUN,AND INTRODUCTION TO HOCKEY Location and Time of CONTRACTOR Services: Refer to the Recreation Schedule dated SUMMER 2018 THROUGH SPRING 2021 for agreed upon dates, times, and class locations. The City, at its sole discretion, may change the agreed terms. Compensation for CONTRACTOR Services: Contractor shall be compensated for services performed pursuant to this Agreement. Compensation shall consist of the following: 60%OF THE RESIDENT REGISTRATION FEE. The total compensation to the Contractor shall not exceed$60,000. Eligible Participant Minimum and Maximums for CONTRACTOR Services: Minimum: 1 Maximum: 20 If less than the required minimum number of participants enroll in and pay for a particular class as identified in the schedule before the class is scheduled to start, the City may cancel the particular class and/or terminate this Agreement without additional notice or payment to Contractor. List of all Contractor Employees working for the City of Cupertino (if no Employees,identify "self"): i{r,% #canna k Warr'nrr" ks2r Zl.,�a_.Td5Tl�.Son jkms ree Ye-!7 4A1"e ' 7a"Ay&- Sy��l L,'yl,Q o. Zt,j r ' L/ a �C. Lav arI i'* Tl' v y Performance of CONTRACTOR Services: In the case Contractor unilaterally cancels performance of a class, camp, activity or service without City approval,City reserves the right to immediately and without notice cancel the remainder of programs/services offered and or performed by Contractor. The Contractor shall follow all guidelines pertaining to registration procedures as listed in the quarterly recreation schedule. Participants may not take part in the program unless they are listed on the class roster or can show proof of enrollment.All participants and volunteers need to complete the City's Waiver of Liability form prior to taking part in the program.If applicable,contractors who are responsible for supervising minors must remain with the class until a parent of legal guardian has arrived and all minors are released to them. In the event of an injury occurring to a participant, the Contractor will notify the City within 1 hour and complete an Incident Report in the form approved by the City. The Incident Report must be submitted to the City within 24 hours of the injury occurring. Exhibit B Insurance Requirements for Recreation Contracts As required by Section 12 of the Agreement, Contractor shall procure and maintain the following insurance for the duration of the contract against claims arising from or in connection with Contractor, its agents; representatives, employees or subcontractors Services under this Agreement. Minimum Scope and Limit of Insurance. Coverage shall be at least as broad as: 1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, it must apply separately to this project/location(CG 25 03 or 25 04)or be twice the required occurrence limit. 2. Automobile Liability: ISO CA 0001 covering Code 1 (any auto), or if Contractor has no owned autos, Code 8 (hired) and 9 (non-owned), with limits no less than $1,000,000 per accident for bodily injury and property damage. Required if automobile is used to perform work under this contract. ❑ Otherwise, proof of Contractor's personal auto insurance with limits required by state law suffices. Contractor shall not transport or use its personal vehicle to transport participants or perform work under this contract. 3. Workers' Compensation: As required by the State of California, with Statutory and Employer's Liability Insurance limits of no less than $1,000,000 per accident for bodily injury or disease. X Required if Contractor has employees. ❑ If no employees, Contractor must sign Affidavit of No Employees. 4. Sexual Abuse/Molestation: Insurance or the equivalent as required for activities/services involving minors, (i.e., after school activities, recreational programs, athletics, study/training events and transportation of minors). Coverage may be included under General Liability or be obtained in a separate policy, such as Educators Legal Liability (ELL) policy, with a limit of no less than $1,000,000 per occurrence. If a general aggregate limit applies, it must apply separately to this contract or be twice the required occurrence limit. Required if Contract involves services to children. Insurance coverage required may be satisfied by a combination of Primary and Excess/Umbrella insurance. Self-Insured Retentions: Self-insured retentions must be approved by City. City may require Contractor to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language must provide, or be endorsed to provide, that the self- insured retention may be satisfied by either the named insured or City. Acceptability oflnsurers.Insurance must be issued by insurers acceptable to City and licensed to do business in the State of California,with an A.M. Best's financial strength rating of"A"or better and a financial size rating of"VII"or better. OTHER INSURANCE PROVISIONS: The CGL policy must contain, or be endorsed to contain, the following provisions: 1. The City, its City Council, boards and commissions, officers, officials, employees, agents, servants and volunteers are to be covered as additional insureds with respect to liability arising out of work or Exh. B Insurance.for Recreation Contracts Updated 3-26-18 operations performed by or on behalf of the Contractor including materials, parts or equipment furnished in connection with such work or operations. 2. Contractor's insurance shall be primary insurance coverage at least as broad as ISO CG 20 0104 13 as respects the City,its officers,officials,employees,agents,and volunteers. 3. The Insurance Company agrees to waive all rights of subrogation against the City, its elected or appointed officers,officials,agents,and employees for losses paid under the terms of any policy which arise from work performed by Contractor for City.This provision also applies to the Contractor's Workers' Compensation policy. 4. Each insurance policy required by this contract shall provide that coverage shall not be canceled, except with notice to the City. Primary Coverage: The Additional Insured coverage under Contractor's policy shall be primary non- contributory and at least as broad as ISO CG 20 01 04 13 as respects the City and all the insureds/indemnitees. If the limits of insurance required are satisfied in part by Umbrella/Excess Insurance, the Umbrella/Excess Insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a"primary and non-contributory"basis for the benefit of the Additional Insureds before City's own insurance is triggered. Notice of Cancellation:Each insurance policy shall provide that coverage shall not be canceled or allowed to expire without written notice to City 30 days in advance or 10 days in advance if due to non-payment of premiums. Such notice must be sent to City via email or certified mail to the attention of the City Manager. Waiver of Subrogation:Contractor grants City a waiver of any right to subrogation which any insurer of said Contractor may acquire against City by virtue of payment of any loss under such insurance. Contractor will obtain any endorsement that may be necessary to effect this waiver of subrogation,but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. Verification of Coverage:Contractor shall furnish the City with original certificates and amendatory endorsements effecting coverage required by this clause.All certificates and endorsements are to be received and approved by the City before work commences.The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications,at any time.At a minimum Contractor must provide acceptable copies of the policy declarations and endorsement page verifying the required insurance coverages. Homeowner's Insurance:Contractor's homeowner's liability insurance may provide coverage sufficient to meet these requirements.Contractor should provide these requirements to his or her agent to confirm and provide verification to City. Special Events Coverage.Insurers may provide special events coverage for a reduced fee,or City may be able to offer this coverage.Contractor should contact the City Manager's Office for information or assistance. Special Risks or Circumstances:City reserves the right to modify these requirements based on the nature of the risk,prior experience,insurer,coverage,or other special circumstances. Exh.B Insurance for Recreation Contracts Updated 3-26-18 2 EXHIBIT D Contractor's Mandated Reporter Declaration The undersigned does hereby certify that: 1. I am a representative of ICE CENTER ENTERPRISES;that I am familiar with the facts herein and am authorized and qualified to execute this declaration. 2. I declare that ICE CENTER ENTERPRISES has complied with fingerprinting and criminal background investigation requirements with respect to all Contractor's employees who may have contact with minors in the course of providing services pursuant to the Agreement, and the California Department of Justice has determined that none of those employees has been convicted of a felony, as that term is defined in California Penal Code Section 11105.3. 3. I declare that each coach and administrator shall be required to successfully complete concussion and head injury education at least once,either online or in person,before supervising a participant, as required by California Health and Safety Code Section 124235,et seq. 4. On a yearly basis, all participants shall be required to sign and return a concussion and head injury information sheet in compliance with California Health and Safety Code Section 124235, which may be in the form attached as D-1. 5. That a complete and accurate list of Contractor's employees,who may come in contact with minors during the course and scope of the Agreement, are included below. 6. All of the below mentioned employees have tested negative for TB,or X-ray results for TB, and have current documentation on file with Contractor. 7. All of the below mentioned employees have received training and understand their responsibilities under the Mandated Reporter laws of this state and are willing and able to comply. List of all Contractor Employees working for Jthe City(if no Employees,identify"self"): JOSe,pkl;or1 F,' ea ar q- (u uta �� 1 Eel 8. The Contractor will notify the City of Cupertino in writing of any new employees and will be added to the above list prior to beginning work at the City of Cupertino. I declare under penalty of perjury that the foregoing is true and correct. ICE CENTER ENTERPRISES By Name C, 1efl-i lli $o/� Title SeCLQ)i ►r�E'� V Date A`oRo® CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DDNM) F04/27/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER.AND THE CERTIFICATE HOLDER, IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate doe no of r ri hts the certificate holder in lieu f uch endorsement(s). PRODUCER CONTACT NAME: RECREATION K&K INSURANCE GROUP,INC. PHONE 877 355-0315 AX (2 60) BOX 2338E-MAIL No,Ext): ( ) A/C,No: ( 60)459-5511 FORT WAYNE,IN 46801 ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# INSURER A: SCOTTSDALE INDEMNITY COMPANY 15580 INSURED INSURER B: ICE CENTER ENTERPRISES,LLC INSURER C: DBA:ICE CENTER CUPERTINO INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: C82908 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSD WVD MM/DD MM/DDNYYY A X COMMERCIAL GENERAL LIABILITY Y Y KKI0000021652700 2/13/2018 2/13/2019 EACH OCCURRENCE $1,000,000 CLAIMS-MADE X❑OCCUR 12:01 AM 12:01 AM PREMISES Ea Occurrence $300,000 X NONOWNED/HIRED AUTO MED EXP(Any one person) EXCLUDED $1,000,000 X SEXUAL ABUSE& PERSONAL&ADV INJURY MOLESTATION $1,000,000 $1,000,000/$2,000,000AGG GENERAL AGGREGATE NONE GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS—COMP/OP AGG $2,000,000 POLICY ❑PROJECT ❑LOC LEGAL LIAB TO PARTICIPANTS INCLUDED OTHER: PROFESSIONAL LIABILITY INCLUDED AUTOMOBILE LIABILITY COMBINED SINGLEL IT Ea accident ANY AUTO BODILY INJURY(Per person) OWNED SCHEDULED AUTOS BODILY INJURY(Per accident) AUTOS ONLY HIRED NON-OWNED PROPERTY DAMAUL AUTOS ONLY X AUTOS ONLY Per accident UMBRELLA LIAB OCCUR EACH OCCURRENCE EXCESS LIAB CLAIMS-MADE AGGREGATE DEDRETENTION VOORKERSCOMPER AND EMPLOYERS'LIABILITY N/A STATUTELi OTHER ANY PROPRIETOR/PARTNER/ Y/N E.L.EACH ACCIDENT EXECUTIVE OFFICER/MEMBER EXCLUDED?(Mandatory In NH) R es,describe underEl EL.DISEASE—EA EMPLOYEE DESCRIPTION OF OPERATIONS below E.L.DISEASE—POLICY LIMIT PARTICIPANT ACCIDENT AD&D Primary Medical Excess Medical Weekly Indemnity DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space Is required) SEE ADDENDUM ATTACHED RE: INSURED'S ICE PROGRAM RAN FOR ADDITIONAL INSURED CERTIFICATE HOLDER CANCELLATION CITY OF CUPERTINO SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE ATTN: JEFF ORDWAY EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN ACCORDANCE WITH 10185 NORTH STELLING ROAD THE POLICY PROVISIONS. CUPERTINO,CA 95014 AUTHORIZED REPRESENTATIVE ACORD 25(2016103) ©1988-2016 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: LOC#: 7 ® CERTIFICATE: C82908 DATE ISSUED: ACoRo ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY NAMED INSURED K&K INSURANCE GROUP, INC. ICE CENTER ENTERPRISES,LLC P.O.BOX 2338 DBA:ICE CENTER CUPERTINO FORT WAYNE, IN 46801 P.O.BOX 1433ALAMEDA,CA 94501 POLICY NUMBER SEE ACORD 25 CARRIER EFFECTIVE DATE SEE ACORD 25 SEE ACORD 25 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: Acord25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE CITY OF CUPERTINO,ITS CITY COUNCIL,BOARDS AND COMMISSIONS,OFFICERS,EMPLOYEES AND VOLUNTEERS ARE NAMED AS ADDITIONAL INSURED(PER CG2026)WITH RESPECT TO INSURED'S ICE PROGRAM RAN FOR ADDITIONAL INSURED. COVERAGE IS LIMITED TO THE LIABILITY ARISING OUT OF THE INSURED'S OPERATIONS AND CAUSED BY THE INSURED'S NEGLIGENCE. COVERAGE DOES NOT EXTEND TO THE NEGLIGENT ACTS OR OMISSIONS OF THE ADDITIONAL INSURED. WAIVER OF SUBROGATION IS INCLUDED IN GL COVERAGE FROM CG0001 IF THE INSURED HAS WAIVED THEIR RIGHTS OF SUBROGATION PRIOR TO A LOSS. SEXUAL ABUSE AND MOLESTATION COVERAGE IS INCLUDED AT$1,000,000/$2,000,000 LIMITS. VOIDS AND REPLACES CERTIFICATE#C78454 ACORD 101(2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ICECENT-03 GOER ,�►�`oR� CERTIFICATE OF LIABILITY INSURANCE 1 DATD/YYYY) 6//13/213/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Automatic Data Processing Insurance Agency,Inc PHONE FAX 1 ADP Boulevard A/c No Ext): A/C,No EMAIL Roseland,NJ 07068 ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# INSURERA:5Star United America INSURED Ice Center Enterprises LLC INSURER B: INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IICY EXP LTR TYPE OF INSURANCE ADDR SUBDR POLICY NUMBER MM DDY� MM/DfYYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY PREMISES Ea occurrence $ CLAIMS-MADE 1�1 OCCUR MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ POLICYLI PEO JC r LOC $ AUTOMOBILE LIABILITY EOMaBcINdEeDiSINGLE LIMIT $ ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED d P BODILY INJURY(Per accident)AUTOS AUTOS ( ) $ HIRED AUTOS NON-OWNED PROPERTY DAMAGE $ AUTOS Per accident UMBRELLA UAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS'LIABILITY X TORY LIMITS ER A ANY PROPRIETOR/PARTNER/EXECUTIVE YIN 9WC940780 3/1/2018 3/1/2019 E.L.EACH ACCIDENT $ 1,000,00 OFFICERIMEMBER EXCLUDED? Y N/A (Mandatory In NH) E.L.DISEASE-EA EMPLOYE $ 1,000,00 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,00 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Cupertino, its City Council, ACCORDANCE WITH THE POLICY PROVISIONS. Boards and Commissions, officers,employees and Volunteers. AUTHORIZED REPRESENTATIVE 10185 T North to ing Road --- � `-`---_ -� Cupertino,CA 95014- `"- m - --- ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD POLICY NUNBBR MOOD0021652700 CONNERCL&GENERAL LIABILITY CG 20 26 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURD-DESIGNATED PERSON OR Q'rANZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of AdMonal Insured Persm(s)Or Orgarizatim(s): CITYOFCUPERTINO, ITSCITYCOUNCIL, BOARDS AND COMMISSION, OFFICERS, EMPLOYEES AND VOLUNTEERS ATTN:JEFFORDV\AY 10185 NORTH STELLING RD. CUPERTINO,CA 95014 RE:THE SKATING PROGRAMS RAN BYTHE INSURED FOR THE ABOVE LISTED ADDITIONAL INSURED. COVERAGE IS LIMITED TO THE LIABILITYARISING OUT OF THE INSUREDS OPERATIONS AND CAUSED BY THE INSUREDS NEGLIGENCE.COVERAGE DOES NOT EXTEND TO THE NEGLIGENT ACTS OR OMISSIONS OF THE ADDITIONAL INSURED. Information required to complete this Schedule, if not shown above,will be shown in the Declarations. A Section 11 — Who Is An Inswed is amended to insurance afforded to such additional insured include as an additional insured the person(s) or will not be broader than that which you are organization(s) shown in the Schedule, but only required by the contract or agreement to weth respect to liability for "bodily injury', "property provide for such additional insured. damage" or "personal and advertising injury' B. With respect to the insurance afforded to these caused, in whole or in part, by your acts or additional insureds, the following is added to omissions or the acts or omissions of those acting Section Ill—LkT is Of Insurance: on your behalf: 1. In the performance of your ongoing operations; If coverage provided to the additional insured is required by a contract or agreement, the most vie or wnll pay on behalf of the additional insured is the 2. In connection with your premises owned by or amount of insurance: rented to you. 1. Required by the contract or agreement;or However: 2. Available under the applicable Limits of 1. The insurance afforded to such additional Insurance shown in the Declarations; insured only applies to the extent permitted by whichever is less. law,and 2. If coverage provided to the additional insured is This endorsement shall not increase the applicable required by a contract or agreement,the Limits of Insurance shown in the Declarations. OG 20 26 04 13 ©Insuranoe Servioes Office,Irr-,2012 Page 1 of 1 POLICY NUMBER M0000021652700 COMMERCIAL GENB;tAL LIABILITY CG 00 010413 COMEMAL GENERAL uABUTY COVERAGE FORM Various provisions in this policy restrict coverage. h This insurance applies to "bodily injury' and Read the entire policy carefully to determine rights, "property damage"only if: duties and what is and is not covered. (1) The"bodily injury' or"property damage" Throughout this policy the words"you"and"your" refer is caused by an"occurrence" that flakes to the Named Insured shown in the Declarations, and place in the"coverage territory'; any other person or organization qualifying as a (2) The"bodily injury' or"property damage" Named Insured under this policy. The words"we", "us" occurs during the policy period; and and "our" refer to the company providing this insurance. (3) Prior to the policy period, no insured listed under Paragraph 1.of Section 11— The word insured' means any person or organization Who Is An Insured and no "employee" qualifying as such under Section II — Who Is An authorized by you to give or receive Insured. notice of an"occurrence" or claim, knew Other words and phrases that appear in quotation that the "bodily idury' or "property marks have special meaning. Refer to Section V — damage" had occurred, in whole or in Definitions. part. If such a listed insured or SECTION I— S authorized "employee" knew, prior to the policy period, that the "bodily injury' COVERAGE A—BODILY INJURY AND PROPERTY or "property damage" occurred, then DAMAGE LIABILITY any continuation, change or resumption 1. Insuring Agreement of such "bodily injury' or "property damage" during or after the policy a. We will pay those sums that the insured period will be deemed to have been becomes legally obligated to pay as known prior to the policy period. damages because of "bodily injury' or ,'property damage to which this insurance c. "Bodily injury' or "property damage" which applies. We will have the right and duty to occurs during the policy period and was not, defend the insured against any"suit"seeking prior to the policy period, known to have those damages. However, we will have no occurred by any insured listed under duty to defend the insured against any"suit" Paragraph 1. of Section 11 — Who Is An seeking damages for "bodily injury' or Insured or any"employee"authorized by you "property damage" to which this insurance to give or receive notice of an "occurrence" does not apply. We may, at our discretion, or claim, includes any continuation, change investigate any occurrence and settle any or resumption of that "bodily injury' or claim or"suit"that may result. But: "property damage"after the end of the policy period. (1) The amount we will pay for damages is limited as described in Section III — d. "Bodily injury' or "property damage" will be Limits Of Insurance; and deemed to have been known to have occurred at the earliest time when any (2) Our right and duty to defend ends when insured listed under Paragraph 1. of Section we have used up the applicable limit of II — Who Is An Insured or any "employee" insurance in the payment of judgments authorized by you to give or receive notice of or settlements under Coverages Aor B an"occurrence"or claim: or medical expenses under Coverage C (1) Reports all, or any part, of the "bodily iryury' or "property damage" to us or No other obligation or liability to pay sums or any other insurer; perform acts or services is covered unless explicitly provided for under Supplementary (2) Receives a written or verbal demand or Payments—Coverages Aand B. claim for damages because of the "bodily injury' or"property damage";or OG 00 010413 ©Insurance Services Offices Irra,2012 Page 1 of 16 (3) Becomes aware by any other means (2) The furnishing of alcoholic beverages to that"bodily injury' or"property damage" a person under the legal drinldng age or has occurred or has begun to occur. under the influence of alcohol;or e. Damages because of "bodily injury' include (3) Any statute, ordinance or regulation damages claimed by any person or relating to the sale, gift, distribution or organization for care, loss of services or use of alcoholic beverages. death resulting at any time from the "bodily This exclusion applies even if the claims injury'. against any insured allege negligence or 2. Exclusions other wrongdoing in: This insurance does not apply to: (a) The supervision, hiring, a. Expected Or Intended Injury employment, training or monitoring of others by that insured; or "Bodily injury' or"property damage"expected b or intended from the standpoint of the ( ) transportation Providing tion with or failing to espect toOvide any insured. This exclusion does not apply to person that may be under the bodily injury, resulting from the use of influence of alcohol; reasonable force to protect persons or property. if the "occurrence" which caused the "bodily K Contractual Liability injury' or "property damage", involved that Mich is described in Paragraph (1), (2) or Bodily injury or property damage"for which (3)above. the insured is obligated to pay damages by However, this exclusion applies only if you reason of the assumption of liability in a are in the business of manufacture contract or agreement. This exclusion does not apply to liability for damages: distributing, selling, serving or furnishing 1 That the insured would have in the alcoholic beverages. For the purposes of this ( ) exclusion, permitting a person to bring absence of the contract or agreement; alcoholic beverages on your premises, for or consumption on your premises, whether or (2) Assumed in a contract or agreement not a fee is charged or a license is required that is an "insured contract', provided for such activity, is not by itself considered the "bodily injury' or "property damage" the business of selling, serving or furnishing occurs subsequent to the execution of alcoholic beverages. the contract or agreement. Solely for the d Warkers'Compmotion And&T ilar Lavas purposes of liability assumed in an Any obligation of the insured under a "insured contract", reasonable attomeys' fees and necessary litigation expenses workers' compensation, disability benefits or incurred by or for a party other than an unemployment compensation law or any similar law. insured are deemed to be damages because of "bodily injury" or "property e: Ern&y&s Liability damage", provided: "Bodily injury'to: (a) Liability to such party for, or for the (1) An "employee" of the insured arising out cost of, that Partys defense has of and in the course of: also been assumed in the same "insured contract"; and (a) Employment by the insured;or (b) Such attorneys' fees and litigation (b) Performing duties related to the expenses are for defense of that conduct of the insured's business; party against a civil or alternative or dispute resolution proceeding in (2) The spouse, child, parent, brother or Mich damages to which this sister of that "employee" as a insurance applies are alleged. consequence of Paragraph (1)above. G Liquor Liability This exclusion applies whether the insured "Bodily injury"or"property damage"for which may be liable as an employer or in any other any insured may be held liable by reason of: capacity and to any obligation to share (1) Causing or contributing to the damages with or repay someone else who intoxication of any person; must pay damages because of the injury. Page 2 of 16 ©Insuranoe Servioes Office I na,2012 OG 00 010413 This exclusion does not apply to liability (ii) Any person or organization for assumed by the insured under an "insured whom you may be legally contract". responsible; or g Pollution (CQ At or from any premises, site or (1) 'Bodily injury' or "property damage" location on which any insured or arising out of the actual, alleged or any contractors or subcontractors threatened discharge, dispersal, working directly or indirectly on any seepage, ": insureds behalf are performing tion, release or escape operations if the "pollutants" are of"pollutants": brought on or to the premises, site (a) At or from any premises, site or or location in connection with such location which is or was at any time operations by such insured, owned or occupied by, or rented or contractor or subcontractor. loaned to, any insured. However, However, this subparagraph does this subparagraph does not apply not apply to: to: (i) 'Bodily injury' or "property (1) 'Bodily injury' if sustained damage" arising out of the within a building and caused escape of fuels, lubricants or by smoke, fumes, vapor or other operating fluids which soot produced by or originating are needed to perform the from equipment that is used to normal electrical, hydraulic or heat, 000l or dehumidify the mechanical functions building, or equipment that is necessary for the operation of used to heat water for "mobile equipment" or its personal use, by the building's parts, if such fuels, lubricants - occupants or their guests; or other operating fluids (ii) 'Bodily injury' or "property escape from a vehicle part damage for which you may be designed to hold, store or held liable, if you are a receive them. This exception contractor and the owner or does not apply if the "bodily lessee of such premises, site injury' or "property damage" or location has been added to arises out of the intentional your policy as an additional discharge, dispersal or release insured with respect to your of the fuels, lubricants or other ongoing operations performed operating fluids, or if such for that additional insured at fuels, lubricants or other that premises, site or location operating fluids are brought on and such premises, site or or to the premises, site or location is not and never was location with the intent that owned or occupied by, or they be discharged, dispersed rented or loaned to, any or released as part of the insured, other than that operations being performed by additional insured; or such insured, contractor or subcontractor; (iii) 'Bodily injury or property „ damage" arising out of heat, (ii) Bodily injury' or "property smoke or fumes from a damage sustained within a "hostile fire"; building and caused by the release of gases, fumes or (b) At or from any premises, site or vapors from materials brought location which is or was at any time into that building in connection used by or for any insured or others with operations being for the handling, storage, disposal, performed by you or on your processing or treatment of waste; behalf by a contractor or (c) Which are or were at any time subcontractor; or transported, handled, stored, (iii) "Bodily injury' or "property treated, disposed of, or processed damage" arising out of heat, as waste by or for: smoke or fumes from a (i) Any insured; or "hostile fire". OG 00 010413 ©Insuranoe Services Office,Inc.,2012 Page of 16 (e) At or from any premises, site or This exclusion does not apply to: location on which any insured or (1) A watercraft while ashore on premises any contractors or subcontractors you own or rent; working directly or indirectly on any insured's behalf are performing (2) A watercraft you do not own that is: operations if the operations are to (a) Less than 26 feet long; and test for, monitor, clean up, remove, contain, treat, detoxify or (b) Not being used to carry persons or neutralize, or in any way respond property for a charge; to, or assess the effects of, (3) Parking an "auto" on, or on the ways "pollutants". next to, premises you own or rent, (2) Any loss, cost or expense arising out of provided the "auto" is not owned by or any. rented or loaned to you or the insured; (a) Request, demand, order or (4) Liability assumed under any "insured statutory or regulatory requirement contract" for the ownership, that any insured or others test for, maintenance or use of aircraft or monitor, clean up, remove, contain, watercraft;or treat, detoxify or neutralize, or in (6) 'Bodily injury' or "property damage" any way respond to, or assess the arising out of: effects of, "pollutants";or (a) The operation of machinery or (b) Claim or suit by or on behalf of a equipment that is attached to, or governmental authority for part of, a land vehicle that would damages because of testing for, qualify under the definition of monitoring, cleaning up, removing, "mobile equipment" if it were not containing, treating, detoxifying or subject to a compulsory or financial neutralizing, or in any way responsibility law or other motor responding to, or assessing the vehicle insurance law where it is effects of, "pollutants". licensed or principally garaged; or However, this paragraph does not apply (b) The operation of any of the to liability for damages because of machinery or equipment listed in "property damage" that the insured Paragraph f.(2) or f.(3) of the would have in the absence of such definition of"mobile equipment". request, demand, order or statutory or h Mobile Equipment regulatory requirement, or such claim or "suit' by or on behalf of a governmental 'Bodily injury' or "property damage" arising authority. out of: g. Aircraft,Auto Or Watercraft (1) The transportation of "mobile 'Bodily injury' or "property damage" arising equipment' by an "auto" owned or out of the ownership, maintenance, use or operated by or rented or loaned to any entrustment to others of any aircraft, "auto" insured; or or watercraft owned or operated by or rented (2) The use of "mobile equipment" in, or or loaned to any insured. Use includes while in practice for, or while being operation and"loading or unloading". prepared for, any prearranged racing, This exclusion applies even if the claims speed,demolition, or stunting activity. against any insured allege negligence or i. War other wrongdoing in the supervision, hiring, "Bodily injury'or"property damage", however employment, training or monitoring of others by that insured, if the "occurrence" which caused,arising, directly or indirectly, out of: caused the "bodily injury' or "property (1) War, including undeclared or civil war; damage" involved the ownership, (2) Warlike action by a military force, maintenance, use or entrustment to others of including action in hindering or any aircraft, "auto" or watercraft that is defending against an actual or expected owned or operated by or rented or loaned to attack, by any government, sovereign or any insured. other authority using military personnel or other agents; or Page 4of 16 ©Insurance Servioes OfFiM Irr-,2012 CG 00 010413 (3) Insurrection, rebellion, revolution, k Damage To Your Product usurped power, or action taken by "Property damage" to "your product" arising governmental authority in hindering or out of it or any part of it. defending against any of these. j. Damage To Property I. Damage To Your Work "Property damage"to: "Property damage"to "your work' arising out of it or any part of it and included in the (1) Property you own, rent, or occupy, "products-completed operations hazard". including any costs or expenses This exclusion does not apply if the damaged incurred by you, or any other person, work or the work out of which the damage organization or entity, for repair, arises was performed on your behalf by a replacement, enhancement, restoration subcontractor. or maintenance of such property for any reason, including prevention of injury to m Damage To kTpaired Property Or Property a person or damage to another's Not Physically Injured property; "Property damage" to "impaired property' or (2) Premises you sell, give away or property that has not been physically injured, abandon, if the "property damage" arising out of: arises out of any part of those premises; (1) A defect, deficiency, inadequacy or (3) Property loaned to you; dangerous condition in "your product' or (4) Personal property in the care, custody "your work'; or or control of the insured; (2) A delay or failure by you or anyone (5) That particular part of real property on acting on your behalf to perform a whichu contractors or contract or agreement in accordance subcontractors working directly or y° or any with its terms. indirectly on your behalf are performing This exclusion does not apply to the loss of operations, if the "property damage" use of other property arising out of sudden arises out of those operations;or and accidental physical injury to "your (6) That particular part of any property that product" or "your work" after it has been put must be restored, repaired or replaced to its intended use. because "your work' was incorrectly n. Recall Of Products,Work Or Impaired performed on it. Property Paragraphs (1), (3) and (4) of this exclusion Damages claimed for any loss, cost or do not apply to "property damage" (other expense incurred by you or others for the than damage by fire) to premises, including loss of use, withdrawal, recall, inspection, the contents of such premises, rented to you repair, replacement, adjustment, removal or for a period of seven or fewer consecutive disposal of: days. A separate limit of insurance applies to (1) 'Your product'; Damage To Premises Rented To You as described in Section III — Limits Of (2) 'Your work;or Insurance. (3) "Impaired property'; Paragraph (2) of this exclusion does not if such product, work, or property is apply if the premises are "your work' and withdrawn or recalled from the market or were never occupied, rented or held for from use by any person or organization rental by you. because of a known or suspected defect, Paragraphs (3), (4), (6) and (6) of this deficiency, inadequacy or dangerous exclusion do not apply to liability assumed condition in it. under a sidetrack agreement. a Personal And AdwN using Injury Paragraph (6) of this exclusion does not 'Bodily injury' arising out of "personal and apply to "property damage" included in the advertising injury'. "products-completed operations hazard". OG 00 010413 ©lnsuranoe Services Offices Inc,2012 Page 5 of 16 p Sectronic Data becomes legally obligated to pay as Damages arising out of the loss of, loss of damages because of "personal and use of, damage to, corruption of, inability to advertising injury' to which this insurance access, or inability to manipulate electronic applies. We will have the right and duty to data. defend the insured against any"suit"seeking those damages. However, we will have no However, this exclusion does not apply to duty to defend the insured against any"suit' liability for damages because of "bodily seeking damages for "personal and injury'. advertising injury' to which this insurance As used in this exclusion, electronic data does not apply. We may, at our discretion, means information, fads or programs stored investigate any offense and settle any claim as or on, created or used on, or transmitted or"suit"that may result. But: to or from computer software, including (1) The amount we will pay for damages is systems and applications software, hard or limited as described in Section III — floppy disks, CD-ROMs, tapes, drives, cells, Limits Of Insurance; and data processing devices or any other media which are used with electronically controlled (2) Our right and duty to defend end when equipment. we have used up the applicable limit of insurance in the payment of judgments q. Fec ording And Distribution Of Material Or or settlements under Coverages A or B Inforrration In Violation Of Law or medical expenses under Coverage C. "Bodily injury" or "property damage" arising No other obligation or liability to pay sums or directly or indirectly out of any action or perform acts or services is covered unless omission that violates or is alleged to violate: explicitly provided for under Supplementary (1) The Telephone Consumer Protection Payments—Coverages Aand B. Act (TCPA), including any amendment K This insurance applies to "personal and of or addition to such law, advertising injury' caused by an offense (2) The CAN-SPAM Act of 2003, including arising out of your business but only if the any amendment of or addition to such offense was committed in the "coverage law, territory'during the policy period. (3) The Fair Credit Reporting Act (FCRA), Z. Exclusions and any amendment of or addition to This insurance does not apply to: such law, including the Fair and a. KnovAng Violation Of Fights Of Another Accurate Credit Transactions Act (FACTA);or "Personal and advertising injury' caused by (4) Any federal, state or local statute, or at the direction of the insured with the ordinance or regulation, other than the knowledge that the act would violate the TCPA, CAN-SPAM Act of 2003 or rights of another and,would inflict personal FCRA and their amendments and and advertising injury'. additions, that addresses, prohibits, or K Material Published Ylith Knowledge Of limits the printing, dissemination, Falsity disposal, collecting, recording, sending, "Personal and advertising injury' arising out transmitting, communicating or of oral or written publication, in any manner, distribution of material or information. of material, if done by or at the direction of Exclusions G through n. do not apply to the insured with knowledge of its falsity. damage by fire to premises while rented to c. Material Published Prior To Policy Period you or temporarily occupied by you with permission of the owner. A separate limit of "Personal and advertising injury' arising out insurance applies to this coverage as of oral or written publication, in any manner, described in Section III — Limits Of of material whose first publication took place Insurance. before the beginning of the policy period. COVERAGE B—PHONAL AND ADVERTISING d Criminal Acts INJURY LIABILITY "Personal and advertising injury' arising out 1. Insuring Agreement of a criminal act committed by or at the a. We will pay those sums that the insured direction of the insured. Page 6of 16 ©Insurance Services Offices Inc,2012 0000 010413 a Ccdractual Liability For the purposes of this exclusion, the "Personal and advertising injury" for which placing of frames, borders or links, or the insured has assumed liability in a advertising, for you or others anywhere on contract or agreement. This exclusion does the Internet, is not by itself, considered the not apply to liability for damages that the business of advertising, broadcasting, insured would have in the absence of the publishing or telecasting. contract or agreement. IL Eilectron is Chatrooms Or Bulletin Boards f. Breach Of Contract "Personal and advertising injury' arising out "Personal and advertising injury" arising out of an electronic chatroom or bulletin board of a breach of contract, except an implied the insured hosts, owns, or over which the contract to use another's advertising idea in insured exercises control. your"advertisement'. I. Unauthorized Use Of Ano hWs Name Or g. Quality Or Perfortnanm Of Goods— Proms Failure To Conform To Statements "Personal and advertising injury' arising out "Personal and advertising injury" arising out of the unauthorized use of another's name or of the failure of goods, products or services product in your e-mail address, domain to conform with any statement of quality or name or metatag, or any other similar tactics performance made in your"advertisement'. to mislead another's potential customers. K VViong Description Of Prices m Pollution "Personal and advertising injury" arising out Personal and advertising injury arising out of the wrong description of the price of of the actual, alleged or threatened goods, products or services stated in your discharge, dispersal, seepage, migration, advertisement. release or escape of"pollutants"at any time. i. Infringement Of Copyright, Patent, n. Pollution dated Trademark Or Trade Secret Any loss, cost or expense arising out of any: "Personal and advertising injury" arising out (1) Request, demand, order or statutory or of the infringement of copyright, patent, regulatory requirement that any insured trademark, trade secret or other intellectual or others test for, monitor, clean up, property rights. Under this exclusion, such remove, contain, treat, detoxify or other intellectual property rights do not neutralize, or in any way respond to, or include the use of another's advertising idea assess the effects of,"pollutants'; or in your"advertisement'. (2) claim or suit by or on behalf of a However, this exclusion does not apply to governmental authority for damages infringement, in your "advertisement', of because of testing for, monitoring, copyright,trade dress or slogan. cleaning up, removing, containing, j. Insureds In Media And Internet Type treating, detoxifying or neutralizing, or in Businesses any way responding to, or assessing the effects of,"pollutants". "Personal and advertising injury" oomrnitted a War by an insured whose business is: (1) Advertising, broadcasting, publishing or Personal and advertising injury', however caused,arising, directly or indirectly, out of: telecasting; (2) Designing or determining content of web (1} War, including undeclared or civil war; sites for others;or (2) Warlike action by a military force, (3) An Internet search, access, content or including action in hindering or service provider. defending against an actual or expected attack, by any government, sovereign or However, this exclusion does not apply to other authority using military personnel Paragraphs Aa., b. and G of"personal and or other agents;or advertising injury' under the Definitions (3) Insurrection, rebellion, revolution, section. usurped power, or action taken by governmental authority in hindering or defending against any of these. OG 00 410413 ©Insurance Services Office,Inc,2012 Page 7 of 16 P Recording And Distribution Of Material Or (2) Necessary medical, surgical, X-ray and Information In Violation Of Law dental services, including prosthetic "Personal and advertising injury' arising devices;and directly or indirectly out of any action or (3) Necessary ambulance, hospital, omission that violates or is alleged to violate: professional nursing and funeral (1) The Telephone Consumer Protection services. Act (TCPA), including any amendment 2. Exclusions of or addition to such law, We will not pay expenses for"bodily injury': (2) The CAN-SPAM Act of 2003, including a. Any Insured any amendment of or addition to such law, To any insured, except"volunteer workers'. (3) The Fair Credit Reporting Act (FCRA), bL Hired Pierson and any amendment of or addition to To a person hired to do work for or on behalf such law, including the Fair and of any insured or a tenant of any insured. Accurate Credit Transactions Act (FACTA);or c. Injury On Normally Occupied Premises (4) Any federal, state or local statute, To a person injured on that part of premises ordinance or regulation, other than the you own or rent that the person normally TCPA, CAN-SPAM Act of 2003 or FCRA occupies. and their amendments and additions, d Warkers'Campensation And SmIar Laws that addresses, prohibits, or limits the To a person, whether or not an"employee" of printing, dissemination, disposal, any insured, if benefits for the "bodily injury' collecting, recording, sending, transmitting, communicating or are payable-or must be provided under a distribution of material or information. workers' compensation or disability benefits 0041 C—MEDICAL PAYMENTS law or a similar law. e Athletics Activities 1. Insuring Agreffnent To a person injured while practicing, a. We will pay medical expenses as described instructing or participating in any physical below for "bodily injury' caused by an exercises or games, sports, or athletic accident: contests. (1) On premises you own or rent; f. Products-C�eted Operations Hazard (2) On ways next to premises you own or Included within the "products-completed rent; or operations hazard". (3) Because of your operations; 4 Coverage A Exclusions provided that: Excluded under Coverage A (a) The accident takes place in the SLIPPLEMEWrARYPAYMENTS—COVERAGES A "coverage territory" and during the AND B policy period; b ex 1. We will pay, with respect to any claim we ( ) The expenses are incurred and investigate or settle, or any "suit" against an reported to us wuthin one year of the insured we defend: date of the accident; and (c) The injured person submits to a. All expenses was incur. examination, at our expense, by b. Up to $250 for Dost of bail bonds required physicians of our choice as often as because of accidents or traffic law violations we reasonably require. arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. b. We WWI make these payments regardless of We do not have to furnish these bonds. fault. These payments will not exceed the a The cost of bonds to release attachments, but applicable limit of insurance. We will pay only for bond amounts within the applicable reasonable expenses for: limit of insurance. We do not have to furnish (1) First aid administered at the time of an these bonds. accident; Page 8 of 16 ©I rm ranoe Services Office,Inc,2012 OG 00 010413 d. All reasonable expenses incurred by the (b) Immediately send us copies of any insured at our request to assist us in the demands, notices, summonses or investigation or defense of the claim or"suit", legal papers received in connection including actual loss of earnings up to $250 a with the"suit'; day because of time off from work. (C) Notify any other insurer whose e. All court costs taxed against the insured in coverage is available to the the "suit". However, these payments do not inden-nitee;and include attorneys'fees or attorneys' expenses (d) Cooperate with us with respect to taxed against the insured. coordinating other applicable f. Prejudgment interest awarded against the insurance available to the insured on that part of the judgment we pay. indemnitee;and If we make an offer to pay the applicable limit (2) Provides us with written authorization to: of insurance,we will not pay any prejudgment interest based on that period of time after the (a) Obtain records and other information offer. related to the"suit';and g. All interest on the full amount of any judgment (b) Conduct and control the defense of that accrues after entry of the judgment and the indemnitee in such"suit". before we have paid, offered to pay, or So long as the above conditions are met, deposited in court the part of the judgment attorneys' fees incurred by us in the defense of that is within the applicable limit of insurance. that indemnitee, necessary litigation expenses These payments will not reduce the limits of incurred by us and necessary litigation expenses insurance. incurred by the indemnitee at our request will be 2. If we defend an insured against a "suit' and an paid as Supplementary Payments. indemnitee of the insured is also named as a Notwithstanding the provisions of Paragraph party to the"suit", ve will defend that indemnitee if 2•b.(2) of Section I — Coverage A— Bodily Injury all of the following conditions are met: And Property Damage Liability, such payments will not be deemed to be damages for "bodily a. The "suit' against the indemnitee seeks injury' and "property damage" and will not reduce damages for which the insured has assumed the limits of insurance. the liability of the indemnitee in a contract or reement that is an insured contract"; Our obligation to defend an insureds indemnitee a g and to pay for attorneys' fees and necessary b. This insurance applies to such liability litigation expenses as Supplementary Payments assumed by the insured; ends when we have used up the applicable limit of C. The obligation to defend, or the cost of the insurance in the payment of judgments or defense of, that indernnitee, has also been settlements or the conditions set forth above, or assumed by the insured in the same insured the terms of the agreement described in contract"; paragraph f.above, are no longer met. d The allegations in the "suit" and the SEC110N II—VU-10IS AN INSIFED information we know about the "occurrence" 1. If you are designated in the Declarations as: are such that no conflict appears to exist a. Pn individual, you and your spouse are between the interests of the insured and the insureds, but only with respect to the conduct interests of the indermitee; of a business of which you are the sole e. The indemnitee and the insured ask us to owner. conduct and control the defense of that h A partnership or joint venture, you are an indemnitee against such"suit" and agree that insured. Your members, your partners, and we can assign the same counsel to defend their spouses are also insureds, but only with the insured and the indemnitee;and respect to the conduct of your business. f. The indemnitee: G A limited liability company, you are an (1) Agrees in writing to: insured. Your members are also insureds, but (a) Cooperate with us in the only with respect to the conduct of your investigation, settlement or defense business. Your managers are insureds, but of the"suit"; only with respect to their duties as your managers. CG 00 010413 ©Insurance Services Office,I nc.,2012 Page 9 of 16 d An organization other than a partnership,joint (b) Rented to, in the care, custody or venture or limited liability company, you are control of, or over which physical an insured. Your "executive officers" and control is being exercised for any directors are insureds, but only with respect to purpose by; you, any of your their duties as your officers or directors. Your "employees", "volunteer workers", stockholders are also insureds, but only with any partner or member (if you are a respect to their liability as stockholders. partnership or joint venture), or any e. A trust, you are an insured. Your trustees are member (if you are a limited liability also insureds, but only with respect to their company). duties as trustees. b. Any person (other than your "employee" or 2. Each of the following is also an insured: "volunteer worker"), or any organization while a. Your "volunteer workers" only while acting as your real estate manager. performing duties related to the conduct of G Any person or organization having proper your business, or your "employees", other temporary custody of your property if you die, than either your"executive officers"(if you are but only. an organization other than a partnership,joint (1) V41th respect to liability arising out of the venture or limited liability company) or your maintenance or use of that property; and managers (if you are a limited liability (2) Until your legal representative has been company), but only for acts within the scope appointed. of their employment by you or while performing duties related to the conduct of d Your legal representative if you die, but only your business. However, none of these with respect to duties as such. That "employees" or "volunteer workers" are representative will have all your rights and insureds for: duties under this Coverage Part. (1) "Bodily injury or "personal and 3. Any organization you newly acquire or form, other advertising injury": than a partnership, joint venture or limited liability (a) To you, to your partners or company, and over which you maintain ownership members (if you are a partnership or majority interest, will qualify as a Named or joint venture),to your members (f Insured if there is no other similar insurance you are a limited liability company), available to that organization. However: to a co-"employee" while in the a. Coverage under this provision is afforded only course of his or her employment or until the 90th day after you acquire or form performing duties related to the the organization or the end of the policy conduct of your business, or to your period, whichever is earlier; other "volunteer workers" while b. Coverage A does not apply to "bodily injury' performing duties related to the or "property damage" that occurred before conduct of your business; you acquired or formed the organization; and (b) To the spouse,child, parent, brother C. Coverage B does not apply to "personal and or sister of that co-"employee" or advertising injury' arising out of an offense "volunteer worker" as a committed before you acquired or formed the consequence of Paragraph (1)(a) organization. above; c For which there is an obligation to No person or organization is an insured with respect to ( ) y the conduct of any current or past partnership, joint share damages with or repay venture or limited liability company that is not shown someone else who must pay as a Named Insured in the Declarations. damages because f(t)(a) injury SEC71ON III—UMTS CF INSURANCE described in Paragraph 1 or b above;or 1. The Limits of Insurance shown in the Declarations (d) Arising out of his or her providing or and the rules below fa the most we will pay failing to provide professional health regardless of the number of: care services. a. Insureds; (2) "Property damage"to property: b. Claims made or"suits" brought;or (a) Cwned, occupied or used by; c. Persons or organizations making claims or bringing"suits". Page 10 of 16 ©Irmirance Servioes Offices Ire,2012 CG 00 010413 2. The General Aggregate Limit is the most we well 2. Duties In The Gent Of Occurrence,Offense, pay for the sum of: Claim Or Suit a. Medical expenses under Coverage Q a. You must see to it that we are notified as K Damages under Coverage A, except soon as practicable of an "occurrence" or an damages because of "bodily injury' or extent possible, otice should nclaai. To the property damage included in the produc�ts- completed operations hazard";and (1) How, when and where the "occurrence" c. Damages under Coverage B. or offense took place; 3. The Products-Completed Operations Aggregate (2) The names and addresses of any injured Limit is the most we will pay under Coverage Afor persons and vWnesses; and damages because of"bodily injury' and "property (3) The nature and location of any injury or damage" included in the "products-completed damage arising out of the "occurrence" operations hazard". or offense. 4. Subject to Paragraph 2. above, the Personal And K If a claim is made or "suit" is brought against Advertising Injury Limit is the most we will pay any insured, you must: under Coverage B for the sum of all damages (1) Immediately record the specifics of the because of all "personal and advertising injury' claim or"suit'and the date received; and sustained by any one person or organization. 5. Subject to Paragraph 2. or 3. above, whichever (2) Notify us as soon as practicable. applies,the Each Occurrence Lirrrt is the most we You must see to it that we receive written Wil pay for the sum of: notice of the claim or "suit' as soon as a. Damages under Coverage A5 and practicable. K Medical expenses under Coverage C c. You and any other involved insured must: because of all "bodily injury' and "property (1) Irrrnediately send us copies of any damage"arising out of anyone"occurrence". demands, notices, summonses or legal papers received in connection with the 6. Subject to Paragraph 5. above, the Damage To claim or"suit; Premises Rented To You Limit is the most we will (2) Authorize us to obtain records and other pay under Coverage A for damages because of information; "property damage" to any one premises, while rented to you, or in the case of damage by fire, (3) Cooperate with us in the investigation or Mile rented to you or temporarily occupied by you settlement of the claim or defense with permission of the owner. against the"suit'; and 7. Subject to Paragraph 5. above, the Medical (4) Assist us, upon our request, in the Expense Lint is the most w* will pay under enforcement of any right against any Coverage C for all medical expenses because of person or organization which may be "bodily injury'sustained by any one person. liable to the insured because of injury or The Limits of Insurance of this Coverage Part apply damage to which this insurance may also separately to each consecutive annual period and to apply. any remaining period of less than 12 months, starting d. No insured will, except at that insureds own with the beginning of the policy period shown in the cost, voluntarily make a payment, assume Declarations, unless the policy period is extended after any obligation, or incur any expense, other issuance for an additional period of less than 12 than for first aid,without our consent. months. In that case, the additional period wnll be 3. Legal Action Against Us deemed part of the last preceding period for purposes No person ar organization has a right under this of determining the Limits of Insurance. SECTION IV—CON�VE 0AL GENERAL-LI RAABIUTY Coverage Part: COflDI110NS a. To join us as a party or otherwise bring us into a "suit' asking for damages from an 1. Bankruptcy insured;or Bankruptcy or insolvency of the insured or of the h To sue us on this Coverage Part unless all of insureds estate will not relieve us of our its terms have been fully complied with. obligations under this Coverage Part. CG 00 010413 ©Insurance Services Offices Ina,2012 Page 11 of 16 A person or organization may sue us to recover for which you have been added as on an agreed settlement or on a final judgment an additional insured. against an insured; but we will not be liable for (2) When this insurance is excess, we will damages that are not payable under the terms of have no duty under Coverages A or B to this Coverage Part or that are in excess of the defend the insured against any "suit" if applicable limit of insurance. An agreed any other insurer has a duty to defend settlement means a settlement and release of the insured against that"suit'. If no other liability signed by us,the insured and the claimant insurer defends, we will undertake to do or the claimants legal representative. so, but we will be entitled to the insured's 4. Cffw Inswance rights against all those other insurers. If other valid and collectible insurance is available (3) When this insurance is excess over other to the insured for a loss we cover under insurance, we will pay only our share of Coverages A or B of this Coverage Part, our the amount of the loss, if any, that obligations are limited as follows: exceeds the sum of: a. Primary Insurance (a) The total amount that all such other This insurance is primary except when insurance would pay for the loss in Paragraph h below applies. If this insurance the absence of this insurance;and is primary, our obligations are not affected (b) The total of all deductible and self- unless any of the other insurance is also insured amounts under all that other primary. Then, we will share with all that insurance. other insurance by the method described in (4) We will share the remaining loss, if any, Paragraph a below with any other insurance that is not b. Excess Insurance described in this Excess Insurance (1) This insurance is excess over: provision and was not bought specifically to apply in excess of the Limits of (a) Any of the other insurance, whether Insurance shown in the Declarations of primary, excess, contingent or on this Coverage Part. any other basis: a Whod Of Sharing (i) That is Fre, Extended If all of the other insurance permits Coverage, Builder's Risk, contribution by equal shares, we will follow Installation Risk or similar coverage for"your work"; this method also. Under this approach each insurer contributes equal amounts until it has (ii) That is Fire insurance for paid its applicable limit of insurance or none premises rented to you or of the loss remains,whichever comes first. temporarily occupied by you with permission of the comer; If any of the other insurance does not permit contribution by equal shares, we will That is insurance purchased by contribute by limits. Under this method, each you to cover your liability as a insurer's share is based on the ratio of its tenant for"property damage"to applicable limit of insurance to the total premises rented to you or applicable limits of insurance of all insurers. temporarily occupied by you 5. P.erriurn Aucit with permission of the owner; or a. We will compute all premiums for this (N) If the loss arises out of the Coverage Part in accordance with our rules maintenance or use of aircraft, and rates. "autos" or watercraft to the h Premium shown in this Coverage Part as extent not subject to Exclusion advance premum is a deposit premium only. 4 of Section I—Coverage A— At the dose of each audit period we will Bodily Injury And Property compute the earned premium for that period Damage Liability. and send notice to the first Named Insured. (b) Any other primary insurance The due date for audit and retrospective available to you covering liability for premiums is the date shown as the due date damages arising out of the on the bill. If the sum of the advance and premises or operations, or the audit premiums paid for the policy period is products and completed operations, greater than the earned premium, we will return the excess to the first Named Insured. Page 12 of 16 ©Insuranoe Senrioes Offrc:G Inc,2012 CSG 00 010413 c The first Named Insured must keep records b. Regarding web sites, only that part of a web of the information we need for premium site that is about your goods, products or computation, and send us copies at such services for the purposes of attracting times as we may request. customers or supporters is considered an 6. Repvsentatiom advertisement. By accepting this policy, you agree: 2. "Auto"means: a The statements in the Declarations are a. A land motor vehicle, trailer or semitrailer accurate and complete; designed for travel on public roads, including any attached machinery or equipment; or bL Those statements are based upon h Any other land vehicle that is subject to a representations you made to us; and compulsory or financial responsibility law or c We have issued this policy in reliance upon other motor vehicle insurance law where it is your representations. licensed or principally garaged. 7. Separation Of Insureds However, "auto" does not include "mobile Except with respect to the limits of Insurance, equipment". and any rights or duties specifically assigned in 3. "Bodily injury' means bodily injury, sickness or this Coverage Part to the first Named Insured,this disease sustained by a person, including death insurance applies: resulting from any of these at any time. a As if each Named Insured were the only 4, "Coverage territory'means: Named Insured; and a. The United States of America (including its tx Separately to each insured against whom territories and possessions), Puerto Rico and claim is made or"suit" is brought. Canada; 8. Transfer Of Rights Of Recovery Against b. International waters or airspace, but only if Others To Us the injury or damage occurs in the course of If the insured has rights to recover all or part of travel or transportation between any places any payment we have made under this Coverage included in Paragraph a.above; or Part, those rights are transferred to us. The c. fall other parts of the world if the injury or insured must do nothing after loss to impair them. damage arises out of: At our request, the insured will bring "suit' or (1) Goods or products made or sold by you transfer those rights to us and help us enforce in the territory described in Paragraph a them. above; 9. VUhen M Do Not Renew (2) The activities of a person whose home is If we decide not to renew this Coverage Part, we in the territory described in Paragraph a. will mail or deliver to the first Named Insured above, but is away for a short time on shown in the Declarations written notice of the your business; or nonrenewal not less than 30 days before the (3) "Personal and advertising injury' expiration date. offenses that take place through the If notice is mailed, proof of mailing will be Internet or similar electronic means of sufficient proof of notice. communication; SECTION V—DEFINITIONS provided the insureds responsibility to pay 1. "Advertisement" means a notice that is broadcast damages is determined in a"suit" on the merits, in or published to the general public or specific the territory described in Paragraph a above or in market segments about your goods, products or a settlement we agree to. services for the purpose of attracting customers or 6. "Employee" includes a "leased worker". supporters. For the purposes of this definition: "Employee" does not include a "temporary a Notices that are published include material worker". placed on the Internet or on similar electronic 6. "Executive officer" means a person holding any of means of communication; and the officer positions created by your charter, constitution, bylaws or any other similar governing document. 00 00 01 04 13 ©Insurarae Services Office,Inc,2012 Page 13 of 16 7. "Hostile fire" means one which becomes (a) Preparing, approving, or failing to uncontrollable or breaks out from where it was prepare or approve, maps, shop intended to be. drawings, opinions, reports, surveys, 8. "Impaired property" means tangible property, field orders, change orders or other than "your product" or "your work", that drawings and specifications; or cannot be used or is less useful because: (b) Giving directions or instructions, or a. It incorporates "your product" or "your work" failing to give them, if that is the that is known or thought to be defective, primary cause of the injury or deficient, inadequate or dangerous;or damage;or bL You have failed to fulfill the terms of a (3) Under which the insured, if an architect, contract or agreement; engineer or surveyor, assumes liability for an injury or damage arising out of the if such property can be restored to use by the insureds rendering or failure to render repair, replacement, adjustment or removal of professional services, including those "your product' or "your work' or your fulfilling the listed in (2) above and supervisory, terms of the contract or agreement. inspection, architectural or engineering 9. "Insured oontract" means: activities. a. A contract for a lease of premises. However, 10. "Leased worker"means a person leased to you by that portion of the contract for a lease of a labor leasing firm under an agreement between premises that indemnifies any person or you and the labor leasing firm, to perform duties organization for damage by fire to premises related to the conduct of your business. "Leased Mile rented to you or temporarily occupied worker'does not include a"temporaryworker". by you with permission of the owner is not an 11. "Loading or unloading" means the handling of "insured contract'"; property: bL A sidetrack agreement; a. After it is moved from the place where it is G Any easement or license agreement, except accepted for movement into or onto an in connection with construction or demolition aircraft, watercraft or"auto'; operations on or Within 50 feet of a railroad; b. Mile it is in or on an aircraft, watercraft or d An obligation, as required by ordinance, to "auto";or indemnify a municipality, except in connection C. Mile it is being moved from an aircraft, with work for a municipality; watercraft or "auto" to the place where it is e An elevator maintenance agreement; finally delivered; f. That part of any other contract or agreement but "loading or unloading" does not include the pertaining to your business (including an movement of property by means of a mechanical indemnification of a municipality in connection device, other than a hand truck, that is not with work performed for a municipality) under attached to the aircraft,watercraft or"auto". Mich you assume the tort liability of another 12. "Mobile equipment" means any of the following party to pay for "bodily injury' or "property types of land vehicles, including any attached damage" to a third person or organization. machinery or equipment: Tort liability means a liability that would be a. Bulldozers, farm machinery, forklifts and imposed by law in the absence of any other vehicles designed for se principally off contract or agreement. public roads; g y Paragraph f. does not include that part of any contract or agreement: b. Vehicles maintained for use solely on or next (1) That indemnifies a railroad for "bodily to premises you own or rent; injury' or "property damage" arising out C. Vehicles that travel on crawler treads; of construction or demolition operations, d Vehicles, whether self-propelled or not, within 50 feet of any railroad property maintained primarily to provide mobility to and affecting any railroad bridge or permanently mounted: trestle, tracks, road-beds, tunnel, (1) Power cranes, shovels, loaders, diggers underpass or crossing; or drills;or (2) That indemnifies an architect, engineer (2) Road construction or resurfacing or surveyor for injury or damage arising equipment such as graders, scrapers or out of: rollers; Page 14 of 16 ©Insuranoe Services Office,Ir>G,2012 OG 00 010413 e. Vehicles not described in Paragraph a., b., G d Oral or written publication, in any manner, of or d. above that are not self-propelled and material that slanders or libels a person or are maintained primarily to provide mobility to organization or disparages a person's or permanently attached equipment of the organization's goods, products or services; following types: e. Oral or written publication, in any manner, of (1) Air corepressors, pumps and generators, material that violates a person's right of including spraying, welding, building privacy; cleaning, geophysical exploration, f. The use of another's advertising idea in your lighting and well servicing equipment;or "advertisement"; or (2) Cherry pickers and similar devices used g, Infringing upon another's copyright, trade to raise or lower workers; dress or slogan in your"advertisement'. f. Vehicles not described in Paragraph a., b., G 16. "Pollutants" mean any solid, liquid, gaseous or or d above maintained primarily for purposes thermal irritant or contaminant, including smoke, other than the transportation of persons or vapor, soot, fumes, acids, alkalis, chemicals and cargo. waste. Waste includes materials to be recycled, However, self-propelled vehicles with the reconditioned or reclaimed. following types of permanently attached 16. "Products-completed operations hazard": equipment are not"mobile equipment but will be considered"autos": a. Includes all "bodily injury' and "property (1) Equipment designed primarily for: damage" occurring away from,premises you own or rent and arising out of your product (a) Snow removal; or"your work"except: (b) Road maintenance, but not (1) Products that are still in your physical construction or resurfacing; or possession; or (c) Street cleaning; (2) V1brk that has not yet been completed or (2) Cherry pickers and similar devices abandoned. However, "your work"will be mounted on automobile or truck chassis deemed completed at the earliest of the and used to raise or lower workers;and following times: (3) Air compressors, pumps and generators, (a) When all of the work called for in including spraying, welding, building your contract has been completed. cleaning, geophysical exploration, (b) When all of the work to be done at lighting and well servicing equipment. the job site has been completed if However, "mobile equipment' does not include your contract calls for work at more any land vehicles that are subject to a compulsory than one job site. or financial responsibility law or other motor (c) When that part of the work done at a vehicle insurance law where it is licensed or fob site has been put to its intended principally garaged. Land vehicles subject to a use by any person or organization compulsory or financial responsibility law or other other than another contractor or motor vehicle insurance law are considered subcontractor working on the same "autos". project. 13. "Occurrence" means an accident, including Work that may need service, continuous or repeated exposure to substantially maintenance, correction, repair or the same general harmful conditions. replacement, but which is otherwise 14, "Personal and advertising injury' means injury, complete,will be treated as completed. including consequential "bodily injury/', arising out b. Does not include "bodily injury' or "property of one or more of the following offenses: damage"arising out of: a False arrest, detention or imprisonment; (1) The transportation of property, unless the bL Malicious prosecution; injury or damage arises out of a condition in or on a vehicle not owned or operated G The wrongful eviction from, wrongful entry by you, and that condition was created into, or invasion of the right of private by the "loading or unloading" of that occupancy of a room, dmiling or premises vehicle by any insured; that a person occupies, committed by or on behalf of its owner, landlord or lessor; OG 00 010413 ©I nsuranoe Services Office,Inc,2012 Page 15 of 16 (2) The existence of tools, uninstalled 21. "Your product": equipment or abandoned or unused a. Means: materials;or (3) Products or operations for which the (1) Any goods or products, other than real classification, listed in the Declarations or property, manufactured, sold, handled, in a policy Schedule, states that distributed or disposed of by. products-completed operations are (a) You; subject to the General Aggregate Limit. (b) Others trading under your name;or 17. "Property damage" means: (c) A person or organization whose a. Physical injury to tangible property, including business or assets you have all resulting loss of use of that property. Al acquired;and such loss of use shall be deemed to occur at (2) Containers (other than vehicles), the time of the physical injury that caused it; materials, parts or equipment fumished or in connection with such goods or la Loss of use of tangible property that is not products. physically injured. Ad[ such loss of use shall b. Includes: be deemed to occur at the time of the "oocurrence"that caused it. (1) Warranties or representations made at For the purposes of this insurance, electronic data any time with respect to the fitness,durability,is not tangible property. quality, ity, peCformance or use of 'your product';and As used in this definition, electronic data means (2) The providing of or failure to provide information, facts or programs stored as or on, warnings or instructions. created or used on, or transmitted to or from computer software, including systems and c. Does not indude vending rnacrunes or applications software, hard or floppy disks, CD- otherrented to or located for the useROMs, tapes, drives, cells, data processing ' others not sold devices or any other media which are used with 22, "four work": electronically controlled equipment. a. Means: 18. "Suitt' means a civil proceeding in which damages because of "bodily injury', "property damage" or (1) I/lbrk or operations performed by you or "personal and advertising injury" to which this on your behalf; and insurance applies are alleged. "Suit' includes: (2) Materials, parts or equipment fumished a. An arbitration proceeding in which such in connection with such work or damages are claimed and to which the operations. insured must submit or does submit with our b. Includes: consent; or (1) Warranties or representations made at h Any other alternative dispute resolution any time with respect to the fitness, proceeding in which such damages are quality, durability, performance or use of claimed and to which the insured submits "your work";and with our consent. 19. "Temporary worker" means a {Z) The providing of or failure to provide po ry person who is warnings or instructions. fumished to you to substitute for a permanent "employee"on leave or to meet seasonal or short- term vorkload conditions. 20. "Volunteer worker" means a person who is not your"employee", and who donates his or her work and acts at the direction of and within the scope of duties determined by you, and is not paid a fee, salary or other compensation by you or anyone else for their wont performed for you. Page 16 of 16 ©Insurance Services Office,Inc.,2012 CG 00 010413 ICECENT-03 GOER DATE(MM/DD/YYYY) ,4�oRo. CERTIFICATE OF LIABILITY INSURANCE 6/13/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Automatic Data Processing Insurance Agency,Inc PHONE FAX AIC No Ext): AIC. IC No): 1 ADP Boulevard E-MAIL Roseland,NJ 07068 ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# INSURERA:SStar United America INSURED Ice Center Enterprises LLC INSURER B: INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE DL SUBR POLICY EFF POLICY EXP LIMITS LTR IADR WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY GENERAL LIABILITY EACH OCCURRENCE $ A COMMERCIAL GENERAL LIABILITY PREMISES Ea occurrence $ CLAIMS-MADE D OCCUR MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP OF AGG $ 1-1 POLICY F1 PE LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS I AUTOS Per accident UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION X WC STATU- O AND EMPLOYERS'LIABILITY TORY LIMITS ERR A ANY PROPRIETOR/PARTNER/EXECUTIVE Y1 9WC940780 3/1/2018 3/1/2019 E.L.EACH ACCIDENT $ 1,000,00 OFFICER/MEMBER EXCLUDED? Y N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYE $ 1,000,00 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,00 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Cupertino, its City Council, ACCORDANCE WITH THE POLICY PROVISIONS. Boards and Commissions, officers,employees and volunteers. AUTHORIZED REPRESENTATIVE 10185 North Stelling Road Cupertino, CA 95014- '— ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD