18-001 Code to the Future I
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�. L'a�E�e�. "T`his c��tr�ct.is inac�� and�nterec�inta as o#7/1/�01$ („�ffecfive Date"),by ancl
�ietw��� the City o��,�.��Erti;nc�, a znunicipal cox�oratio� {„�ity„), �rsd with �C�D� TQ TH.F, FU�"URE,
'�7t�.11'�tCQUV'�R, WA, 9�683 (,�Cr�nti�ctc��"), � ��L,I�f_7RI��A
CC.�II�tPPC7IZATIC�N fo���i�IN�ET'�1�TT�G/T��I-��.T����Y�AMI'S/�LAS��S.
2. �����e�.C:o:�tr�c�s�r a�;i�es tc��r•c?�uide t��e Snrvic�s inc�i.A��c�izz the�cc�pe�c�f Wark aza�
in accar��c�wifi]-t tl�t��c1�e�ule of Perforr���rrce attached ir1 �a�a�.k�i��,
3. '�'e�z�i. This ec�lltr�ct �egins c�n t��e ��t��tive �ate ar�c� �rtcl� on (a/31/?02U („C�ratract
Tinne"),tun�es�ext�ndect ar�errninated as pravxcl�d kie��in.7':�m�z�a.f t�e����nce�nd Coz�tr�etar xnust
have su£�icz�nt tirne, r�sourc�s, and qualifi��l�taff�o deliver th� Services �s rec�uirecl. ��ntractor nl�zst
prainptly r1t�i,-�fy City of any actual or pc��enti�I delays to afffl�d th� �'arfie� adeqtilate op�ortunity to
addr�ss nr miti�ate such delays.
4, Cc�1a�p�xts�tian.City wiZl pay�rr��txacts�r for sati�f�ctory pe��orr�ance c�f the S�rvir_es an
amaLarit that will based tlpon actual costs but t�a�t wi11 be capped so as rzot ta exce�d$12,000 FOR FY7.8-
19 AND $"l2,t�00 Ft7R FY`19-20 ("Contract Price"), basec� upon the Scape of Services, bt�dget,
perforr�aa-�ce sch�dule,�r��rates included in Ex�i�ait A.Tl�e iriaxz�nunl coi�zpensation incluc�es all costs,
expenses and r�xrnbrxrs�rnents and will reznain in place even i£ Cantractor`s act�.la� costs exceed the
capped axt��unt.Cont�actor naust submit invoices and the irtfarmatio�xeqlxir.ed in Exhibii A in oxder to
receive pay�►�i1t. City will compensate Contr�etar withi.n 30 days after approval of writterz ii-�voices.
Invoices are sul�ject ta revievv anc� audit by City during regular business hours upon 24-hours'
notice. Contractor must main�ain cozn�lete and acctuate recoi�ls c,sf ¢�ayroils, ex�enc�itures,
dxsbursemeY�fis anci otk�er Cost iterz�s ch�r�;ed t� City or esfiabli5hin� thi basi� fc�r �i�r irxvoice, for a
minixnuran of fotixx(4j years£xozn fh.e date o£fi.��.�payxnea�t.
5. Irtd�p���en��a���actor.Cc�i�tr�ctor is az1 ir�a.depe�zder�t�antractor anc�nc�k an en��loyee,
partner, or joitlt v�ntur� o� City. Confiractor rs sc�l�ly responsible for Ehe n�eans �nd �net�.�ods of
�erforming f11e Ser�viccs and for�lle persons hi�e�ta�nrork uncier ihis Agr°eement.T'��a civil ser�ice stat-�is
or othex right of enl�layament will be acquired by virtue of Contr.actor's �erformance of �the Services.
�ontractor is not entitled ta City's healtll benefits, w�rker's compens�atron or any other berlefit.
Cantractor must have �lie skills and qual'zticatioizs tc� perfarm the Sezvices in � compefient and
professional manrier. Coiltractor �nTi�l suppl�r a11 tools, rnaterials and eqiiipineni:required to perform
the Services un.der tl-ii.s Contract. C'oritractor is responsible for cabtaining�ermits ai�d..licer�ses required
by law and znust obtaizz a City l�usiness Xic��se.
�__�,r.__ __..__... ____, _ ,__.�_____� w.___�______ . _._.__. __�. �__..�_._.._-.----_._._
I�ecrecrtian Sea^vic•es.4�reemerli/Rev. 3 77-��18
�'a�e i of 6
6. �'ra�ri�t��/Cc�nficlenti�il I�formatim�.I'o tlle extent Contractor xnay have access to
private or confidential information owned Qr controlled by tl-te City, Contr�ctor �grees to treat it
coilfidential and use it salely to perform this Agreement. Contractar must exercise tl�e same standard
of care to protect City inforination as a reasonably prudent Contractor would use to protect its own
proprietary data.
7. C)�vners�ag� af 1`t�aferial�.Tc� th�exkea�t Contractor��repares�vritten materi�l, dr��n�ings
or dat,a xn connectioi� with this co�tract, City will have the property rights fo those materials and all
co�yxighfs,i.f any,to st�ch wark prodt�cf will corts�itt�te Ci.ty�roperty.
�. T�.ecaxds.Coxztractor znust zxiaaz�taz�cQzan�alete,dccurate,ax�d detailed accoL�nting records
relafing tr� its performaz�ce in aecorda�tce with gener�lly accepted acco�.ulting principles �nd
procedures. The recoras rnust illclude c�etailed ixtformation aUout Contractor's services,bellchmarks,
deliverables and costs/fees,and must be nlacie reasoz-�ably available to City.Th�record�and supporiing
documents must be kept se�arate£rcam other files arid n�aintaixled for four year�#rom the dat�of City's
fiz�al payrnent.
9. Assigrtmectt.'111is Cox-�tract is not assig�l�ble. Contractor may not substitute ai-�other or
transfer any rights or obligafiions under fihis Con�ract witllout prior�cvritte�z approvar af City.Only those
persons whose narnes are included ix1 Exl�ibit A rnay perform the Services.
10. �`ublicity and Si�ns.Any publzcity�ene�°ated by Contractor related to this contract or
the 5ervices during the Contract Ti�n�� and fo� one year thexeafEer mr.ist reference City contributions.
The words "City of Cupertino" shall be c�isplayed i�� alI pieces of ptrblicity, including flyers, press
releases, posters, brochLYz•es, public service annouzlceineilts, interviews and newspaper articles. No
signs may be posted,exhibited or displayed on.or abot,tt City property,except signlge required by law
or under this Agreement without prior written approval f�oxn�ity.
11. Index�aaifieatio�t.To the fullest extent allowec�by law and exeept far losses c:aused by
the sole negligence or wi11fu1 misconduct of City personnel, Coiztractor agrees to inde�ulify, defend,
and hold harinless khe City, its Ciiy Council, baards and coYnmissioils, officers, officials, arnployees,
agents, se:rvants, volunteexs and Contractox�s (callectavely, "Indemn.itees"), throtixgh legal counsel
acceptable to City, frozri and agaianst any liability fox daznages, claims, actions, causes c�# action,
demands, charges,losses, costs and expenses(including attorney fees,legal costs and ex�enses related
to litigation,arbitrafions, administrative and reglxlatory proceedings),of every nattire,arising out of or
in aily way related to Contractor's or C�ntractor's �gents perforrnance of this contract or the Seraices.
This inchides but is not limited to Liability re7uitit�g zn personal injury, death, property aamage, or
economic Iosses. Contractor must pay any costs City rr►ay incur in enforciizg this provisian and must
accept a tender of defense upon receiving rYotice from Czty.C�ntractor's payrnents may be dedixcted or
offset to cover any money t11e City lost due to a clain� or counte�rclainl arising out of this Contract.
12. Insurance. Cantractor sha11 calr�ply with the insurance reqtlirements in Exhibit B. City
will not execute the Agreement rxntil it has receivcd and ap�roved satisfactory certi�icates of insurance
and endorsements evidencing the type, amout�t; and d�tes of coverage. Alternatively, City in its sole
discretion rnay purchase insurance and deduct thc�co�ts from payinents to Contractor, or terrninate the
contract
F2ecreatioz�Ser�vices tlgYeement/Rev. �-27-2018
Page 2 of 6
13. �ompliaz�ce with Laws and t��her�ity T�eqa�iremeilf�.
IZeq�tirements far all Contracts. This contract is subject to l.oca.l, state and federal la�vs and
regtilations prohibiting discrimination,incltiding'Title VII of the Civil Rights Act of 1964,the California
Fair Employmei�t Practices Act,the Arnericans with Disabilities Act of 1990,and other laws that pertain
to fair employrnent and anti-discrimination practices. Contractor must corr�ply wit11 labor laws
pertaining to prevailing wages, worl<iilg 1lours, �vertinle, payroll records, and otller requirements
imposed by the Department of Industrial R�latiolls.If Contractor d�es not hav�employees,it n�ust sign
the Afficiavit of No F�a�ployees, attackiecl as �x�x�bi� C. Contzactor is responsible fox verifying
ernploymelzt eligibility of employees pursuailf to the Tminigration Peform and Control Act of 1986.
Contractar must coxnply wit11 conflict of inEerest law�s and regulations applicable to t11is Agreement and
avoid conflicts of in.terest. Contzactor may be reqLtired to fil�a c�nflrct of interest form for engaging in
governinental deci5ions or serving in a staff capacity,and is hereby advised to review the requirements
of Califarnia Political Reform Act and the Califorrtia Code of Regulatio�ls. Services inay only be
perforrned by persons who are not employec�by City anc�who do not have a coniractual relationship
with City other than this co;ntxact. Contractor agrees to abzde l�y City�olicies and adxnini.strative ruJes
prohibiting gifts to City officials and employees.
Additia�al 1Zequir�rnents for Service� I'ravieled to Mi�r�rs: Contractor and its employees
who provide servzces under this Agz�eeznent must caznply with these additional reqtrirernents:
A. Uildergo fingerprintiilg and a criminal back�rouzld checl< z�nd veY�ify all employees
providing services under this confract have nnet tllis requirement.
�. Complete a Tuberculosis screening test as required by law and as set forth in Exhibit 17.
�. Campl�T with the Mandatory Peporting tind.er California�'enal Code 1�l_64-11174.3 arld with
the protocols, reporting, and training rec�uired under California Health and Safety �ode
Section 124235, AB20p7, and other laws pertaining to concussion evaluation, removal froin
play, and rettlrn ta play protacols. (Refer to Center for Disease Control & Prevei�ttion,
k�1�s:1���nTi,,r.cc�.r.qc�v.l�e<�c�su. .i:��.�le.�.hlrr�.
D. Subn-►it required forms and acicno�n�ledgrnents included in �,x�ibit D, �nd ensure its each
�ar�icipant is�7rovided�vith a concussion information sheet, signs and returns fhe forms to
the C,ity as required by Health and Safety Code Section 124235.
Reqi�ire coaches and adnninistxators to successfully camplete the coz�c�.issian and head injury
educatioY� at least o11ce either online or i11 persan, before supervising a participarlt.
Contractor shall offer trairiing, educational inaterials, or both to each Contractor
administrltor on a yearly ba�is. {Trainin�resaurces are available at the Cent�r for I�isease
Control&Preve;ntion(link cited above},
E. If providing instruction, Contractor rnu.st acknowledge and com.ply with aIl requirements
set farth in the Recreation&C�mmunity Servic�s I1�structor Manual.
�hecic one{if np�licahle):
I� 7C�is co�tract require�sexuzces�o�child�en.
- - -- -- Recrecrtion 5ervi�es�greemerif/Rev. 3-27-?018~
Yage 3 of 6
❑ TIZi� c�tltract currently does not require services for children. If in the fuhire, services
for childr�n are requireci, the cor�tracf will reqtrire a'wr.itten amendment' to include the
�ppropriate insurance coverages as required in`Exhibit B-Insurance Requirements for
Recreation Contracts', proof of finger printing and additional requirements under
Paragraph 13. The contract arnerldnlent will also require the approval of t11e Director of
Recreation and Coznmunity Services and Gity Attorney.
14. C�ordyr�ation �rf 6e�vices. The Parfiies desigllate the following pe��sol�s as Services
Coordinators witk�the respaxi.sibil'rty to oversee the deli.very of Serva.ces in accordance with the terms o£
t11is Agreemeilt. Cont:ractor's designation.and any substitution are subject to City approval.
For City: � Tqr Contracfior:
Name:Marilu l�lejia Name:Alan 5vehaug
Positi�n:R�creation Coc�rdinatc�t Position:Vi.ce President
Contact: t��.<xx°��t�xa�tt�r?c�a���^rti.��c�.c,r�,408-777-.3�24 Contact:
.��.�...�._,
15. Abaridonment.City may abarldon or postpone the Activity or Propram and will��otify
Contraclor as �oon as possible. �orltractor will be paid for satisractory Services rendered thraiigh the
date of abandonlnent upon subrnission of final invaices approved by City.
16. Terrnina�tion. City may terminate fihis contract for cause or wit�lout cause at arly tirne
and�vill r7otify Contractor as soan as passible.Contractor will be pa.id for satisfactory servic�s rendered
througll#he date of termination u�on submission of f.inal invoices approved by City.
17. Governing Y�z��nr,Venue and Disp�xte Resolutimn.T11is corrtract is governeci by the laws
of the State of California. An.y legal acfions or proceedings filed against City in corinection witll this
contract must comply with the governinent claims filing requireinents and must be fiied with the
Superior Court for tlle Caunty of Sanfa Clara, State of Califarnil. At City's request, Corlfractor is
required to continue to provide Services pending resolutioil of any dispute. If the Parties elect
arbit7ation, the arbitrator's award rntlst be supported by law and sixbstantial evidence an.d include
detailed written findzngs of 1aw and fact.
18. Attorney F�e�. If City is requirecl to pursue litigation,arbitration or oth�r adininistrative
or regulatory proceeding ta enforce its rights or the terms of this Agreer�tent, the prevailing�arty will
be entitled ta reasoriable attorney fees and casts. This Section survives this Agreernent.
19. 'I'�i�d T'ariy Beneficiaries.'I'here are no third party beneficiaries under this tyoiltract.
20. Waiver.Neitlzer accept�zce of S�rvices nor paymenE thereof constitutes a�n�aiver of any
c�ntract provision. City waiver of a breach shall not con.stitute waiver of another term, provisian,
covenant o.r cor�difi.on, or a stabsequerlt breach,whether of the saine or a differeni c�iaracter.
21. �n#ire Agreerne�t.This Agreement and all referenced Exhibits are hereby attached and
incorpoxated info the Agreenlent l�y this refexence an.d re�resent the fu11 and complete understanding
as to those matters col�tained herein,and supersede any other cantr�act or iu�derstanding,eitller oral or
Rec�^eataon S<�rvices Agreenaent/Rev. 3-27-?018
Page 4 of 6
written,betwee�l t11e Parties.This Agreement rnay ilot be modifieci or amended except in writing signed
. by both Par�ies.If there is any inconsistency between the main coi�tract and any attachments or exhibits
th.ereta, tlle�nain contract shall prevail.
22. Ims�rted I�rovisio�t�.Each pxovision or clause xeqt�i��ed by law or ihis contract is deemed
to be includec� and wi11 be uZferred herein. Either party may request �1 ainendment to cure any
mistaken insertian or omission of�required provisian.
2;. F�eadin�s. Trie heading� are for con�crenience oi-�y and arc not a pazf of tlle confract or
intended to a�fect,limit or amplifsr th�terz�s oa pravi�ion�ot fil�is Agr��rx�ent.
24. Severabiy���/1'artia� Invali�ity.If any conkract tenn or provision, or their application to
a particular situation, is found by t�-ie co�art to be void, invalid, illegal or�rnerlforceable, such ter�n or
provision shall remain it�force and effect to th�extexlt�llowed by stitch rttling.All other confiract terms
and provisions and their application to specific situations will rer�lain in fu11 force and effect.
25, Survival.All provisions w11ic1�by their nature must continue af.ter the Agreeinent ends,
including without liznitation Inclemnification,Insurance, Ownei{ship of Materials,Records, Governing
Law and At�orney Fees, will survive Ehe expiratian or termination of this Agreepnent.
26. Notices.All notices aYid instrurnents pertaining to�1C�ferial provisi.ons of this contract or
siganificant dzsputes whach are required by law or under this contract ta l�e in writing must be sen.t to
the persons list�d below. The notices will be deemed effectiv� on the date of persoylal deliveiy or the
date confirmed by a re�utable overr-►ight c�eliv�ery service, on the fifth calendar day after d.eposit in the
Uni.ted States Mail, postage prepaid, re�istered or certified, or the next business day following
electronic submission.
Ta CiEy of.Cu.�aertizlo; To Contractor:
Office of tl�►e City Manager Vancouver,WA.,986�3
10300 Torre l�ve., Cupertino CA 95014 cc:Representative/Coorclinator:
cc:Representative/Coordinator: Al�u�t Sveh�ug
Maxilu Mejia Exnail: �
Ernail: r7ia:til��:n��t1c:.t�t�rl.i.rtc�.r�r�
27. Va�lY�ity o�Coi�tract. This contract is valid arrd enforceable only if it cornplies wit� the
provisions of Cupsrtina Municipal Code �hapters 3,22 and 3.23, is signec� by the City Manager ar
authorized designee, and is a�aproved for form b�r tlze Cifiy Attorney's Office.
28. Execu#ion. The person executin� this contrac� �n behalf of Contractor represents and
warrants that Contr.actor has full right, power, and authority to execute this carltract and to carry aui
all actians and services required. Tl.�is cantract canstittttes a Iegally bitlding obligation of Contractor,
and may be executed in counterpa�ts,eac1� ane af whi.ch is deen�ed an ori�inal and aIl of wllicll, taken
tagether, constitute a�ing.le binding instrurnent,
Recr°eatiora Scrvices A�reenaenf/Rev. 3-27-,2018 �
Page S of f
IN W�TNESS WHEREt7F,the parties 11a��e causeci tllis contra�.t to be executed.
CONTIZACTOR CT'I'Y OF C.L7PERTINO
CODE TO THE FUTURE 1�Municipal Corporation
gy �:;_.:�.\��. .�..�.�°.re��� �i� ��
Name ��Gi+.� .�v�e-��cr� l`.Tam�.��A��i?�!J�7�-�
Title v(�� .,(��r e S'�c��l-�� 'Titl� �'��I r''�'_-�.�
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1�at� �/°�-z._c��•f r�`° D��e ��_�'� �c�"
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����n�s�rca r c�r��: �� � ���� � �����s�:
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OC V. FIEP�O GRACE SC�-IMIDT ,,.a � l �'
Cu�ertincs Ar.ting City Attarriey City Clcrlc
ContractlErccurribered Ar�iou�at:
$12,000 FOR FY18-19
$12,000,�OR F��19-20
Account No.:580-62-&13-7tJ�-702
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�Recr�eation Sc:rvlces�Igreemerat/Rev. 3-27-2018
Page 6 of 6
���-�I�I'I'A
���3�'� �F'�C91ZTC,�'��.�'6J�l��AN�E A1�T�1'A1'T�I��IT����I3�L.1�,��;
'i"�e COI�1'I"�.1��':T��fi�wilY prt��rid��1V�TN��Td.�i��/'���'�CN4��,t3G'i'��1��'�/�'�,AS�F�f�,but r�€�t
��m�&ed t�,tl�e ffollovv-it��.
MTNEC�RA.:��"Iv1t"�l��Z:t��
S�'AR VJ�.�.�'VT�?�C3 ��T�� I��,�I��t
�,e���tze�s���.d`1'rr������.�1��".�t��'°�'C��. ��xvic��:
P�fer to �h�IZ��reatia��eh��ul��1��ed��,J��EI:�01��-"��T�.IN�2Q�0 fc�r�gr��r��.��c�n�lates,
fiimes, and cl�ss locatiQns. Th�City,at its�c�Ie di�er�tian,zn�y c11�x�a�e the ��reed t�rrns.
�a��ez����ic?x��'����"JI�i`I"���"'�'CJ�����ic��:
�:Untra�tox sha1l l�� cc�rnper�sated far servzce��erfc�xmed pl�rstitax�t ic�tkais���ee��z�x�t.C.oan�ensation
shall cansi�t af tP1�folic�win�: �120 T'ER Pt�RTiC'�I'AT�T EPv'I�i�LLBi:)IN STA�WARS VIDEC�GAME
DESTGN,�ASE�C3N F�1'�TAL RUSTER.$17Q I'�R I�ARTICIPt�NT ENT'��LL,�I�IN MIT�E�RAFT
MODL�IlVG, BASIED aN FTNAL�USTEI2.'Tlze tot�l comp�nsation to the Coratractor shall not exceed
$7.2,000 FC7I�l�Y 1S-"19, �12,�C10 FIJR�'Y 19��0.
�ligilble I�articz��►fi lY���ima�m and I���cirr��aaa��a��t��'�"��`I'�It�ervice��
Minimum: MI1°�IEt:�'RA�T I@�10DL)IN(;� 10, �TAI�.W�.R�VII��C) GAM� I��ESIGl�T 12.
Nlaxianum: MI1VE�'R��T IV�CODI�IN� 12, 5TA�2 WARS VIDEO GAM�E DE�I�N 24.
Iff l�ss th�z1.t1�e aa��uzred mia��rnum nLimb�r af��rticip�nts enro�l in and��y for a p�rti�ular class as
ideiztified in the 5chedul�b�For�the c1�5s is�checlulec�fio st4art, ��e C,ity ntay c�ncel tl�te pa�fi�cul�r clas�
and/or terminate Y1tiis Agr4era�r�nt vvifllotlt ac��li��onal natice oz payrrieal�tc� Con�r�cfvr.
List c�k�1.��o�t��ctor�m�l�ye��vvaxlci�g fc�r t�e�ity raf���e��nr� (a#����xp1c���e5,i�l.enti��r
„��lf"):
�tr�n.��\� �a(`�(n l G���i e't.�. ��-�.,�....K .�._.._�.�
� t3� �G�-l� �1� ,_,�"�".�., (�„,�� � t'.�
� J-- �= _ � �
1'�rformar�ce off�C.)1d1�'�.A�'T�Tf��rv�e��;
In tlle case Contractor uz�ilat�rally cancels perforrnance of a class,caanp, activiEy or service�ithatrt
City appraval, City reserves the tight to iznlnediately ai�ci wifiSiout notice cancel the xeinaiilder of
prograrns/services offerec� and ar�exformed by Contractar.
The Contractor sh�11 follo�v ail guideli��s p�rtairling to registration procedLYr.es as listed ii1 the
quarterly recreatio�sclleclt�le.T'artici�ants rnay nat take part in file prograln unless they are listr�d on
the class roster or can show proof of enrollmPnt.All�articipants and volLrnteers need to cornplete the
City's Waivex of T iability£oxrn priar to taking�art in the��ograrn..If a}�plicable, contractars w��o are
responsible for supervising minors must renlai��►with the class until a parent of legal guardiai�11as
ar�ived and all minors are released to fi11em.
I� the event of a�� injtt�y c�ccurx��g to a pa.rticipaxit, th� Coa�tractc�A will�otify the City wikhzn 1 �ous
and colnplete an Incident Rc�ort in the �or�xt approv�d by thL City. The Incic�ent 12e�~�ort must be
submitted to the City witl�in 2�17aurs of the injury oecurrin};.
Exhibit B
Insut•ance Requir•enzents foN Rec�^eation Co�zts�acts
As required by Section 12 of the Agreeinent, Contractor shall procure and maintain the following insurance
for the duration of the contract against claims arising from or in comlection 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 Fonn CG 00 O1 covering CGL on an
"occurrence" basis, iiicluding property damage, bodily injury and personal & advertising injury with
linuts 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.
$ Requi�^ed if autonzobile is used to perfo�m work undeN this contract.
❑ Othenvise, p�oof of Cont�actor's �ersonal auto insurance with limits required by state law
suffices. Contractor shall r2ot t�ansport or use its personal vehicle to trans�ort participants oN
�erfoNrrc worli 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.
� Requirecl if Co��tractor has en2�loyees.
❑ If�ao employees, Contractor must sign Affidavit of No Ei�zployees.
4. Sexual Albuse/l0�dolestation: Insurance or the equivalent as required for activities/services involving
minors, (i.e., after school activities, recreational programs, athletics, study/trainulg events and
transportation of minors). Coverage inay be included under General Liability or be obtained in a separate
policy, such as Educators Legal Liability (ELL) policy, with a liinit of no less than $1,000,000 per
occurrence. If a general aggregate limit applies, it must apply separately to tlus contract or be twice the
required occurrence limit.
�I Required if Cont�^act involves services to children.
Insurance coverage required may be satisfied by a combination of Primary and Excess/iJmbrella insurance.
Self-Insurecl Retentions: Self-insured retentions must be approved by City. City may require Contractor to
provide proof of ability to pay losses a11d related investigations, claim adliiinistration, and defense
expenses within the retention. The policy language must provide, or be endorsed to provide, that the self-
insured retention may Ue satisfied by either the named insured or City.
Acceptability of Insurers:Insurance must be issued by insurers acceptaUle to City and licensed to do business
in the State of Califon�ia,with an A.M.Best's financial strength rating of"A" or better and a financial size
rating of"VII"or better.
OTHE12 INSITRANCE PROVISIONS: The CGL policy inust eontain, or be endorsed to contain, the
following provisions:
l. The City, its City Council, boards and coinmissions, officers, officials, einployees, agents, servants
and volunteers are to be covered as additional insureds with respect to liability arising out of work or
Exh.B Insurance for Rec�^eation Contracts Updated 3-26-18
1
operations perfornzed by or on behalf of the Contractor including materials, parts or equipment
furnished in corulection with such work or operations.
2. Contractor's insurnnce shall be primary insurance coverage at least as Uroad as ISO CG 20 01 04
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 ternls of any policy
which arise from work performed by Contractor for City. This provision also applies to the
Contractor's Workers' Coinpensation policy.
4. Each insurance policy required Uy this contract shall�rovide that coverage shall not be canceled,
except with notice to the City.
Primary Cover�age: The Additional Insured coverage under Contractor's policy shall be primary non-
contributory and at least as broad as ISO CG 20 O1 04 13 as respects the City and all the
insureds/indemnitees. If the limits of insurance required are satisfied in part by UmbrellR/�xcess Ia�surance,
the Umbrella/Excess Insurance shall contain or be endorsed to contain a provision that such coverage shall
also apply on a "priinary and non-contributory" basis for the benefit of the Additional Insureds before City's
own insurance is triggered.
Notice of C'a�icellatio�2: Each insurance policy shall provide that coverage shall not be canceled or allowed to
expue 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.
i�aiver of Subr^ogatzon: 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 a11y loss under such insurance. Contractor will
obtain any endorsement that may be necessary to effect this waiver of subrogation, but tlus provision applies
regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
Ye�ification 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 minimuin Contractar must provide acceptable copies of the policy
declarations and endorsement page verifying the required insurance coverages.
Hohzeow�zer's bzsurarzce: 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 Cove�^age:Insurers may provide special events coverage for a reduced fee, or City inay be
able to offer this coverage. Contractor should contact the City Manager's Office for information or assistance.
Special Rislrs o��Circu»zsta�ices: 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 Coiztracts Updated 3-26-18
2
��������
�'��t��ct�a�'s 11�iarz����d �'i��€�r��r I���l�r�#;�.c�i�
Tl�e�un��r�i�;n�� �oe�h�r��by cc��ti�y tha�:
1. T ar� �r�presc�i�tative o��C)L�E TC�T'�i�,�U�'[JTT��,; t���t I an1 f�rnili�r�vit� th�f�cts herez�
and am autharized and qtzali�'ied ta�,c��ute thz�� cter_l�xration.
2. I c�ecla�re that C(�D�'�'C1"I'HE FU`I"UP�X�a� �dxalp7ied vvitl7 fix�g�r�xix�ting a�.d crxrni�al
back�;�aund in�j�s�i�ation requrreznents witl�tes�ect tU all C'ontractox's emplay�es who
� may ilave cox�tact with�ninors in the cot�rse of provi�ix��;services pursuant�o the
�igreement, anc� th� Cal.ifornia De�arhnellt of.Justice has ciete7�mined that rzone of those
ezriplayees��as been cc�nvic�ed of a fclor►y, as tl�at tern� is c�efit�ed in C:aliforraia Penal Code
S�ct�cs�� 11l.05.3.
�. I���1�z°� �1��t��c:���Q�c�t���d �dn�is�i��r�tc���Y��11 b���c���ir°e�. k� ��rc�c�s��utly ��r��alefie
concussion and heacl iizjury�duc�fiic�n at le�s�a_nce, �it�ier onlzn� or�z1�e�son,b�ft�r�
sup��vising a pa�ticipant, a.s reqi�i:rec�1�� C�lzf.t��nz��-Ieal.t� a.i�d S�fety Code 5ectzox�
12�235, ek sec�.
4. On a yearly basis, al7 participants shall la�rec��.�ired to sign ailcl returz� � c�ncussion and
head u�jury inforrnation�heet irt campliance with Ca�ifarnia Health ar�d 5afety Code
Section 124235, which znay be in the f�rrn a�tached as D-1.
5. That a camplete and accurate Iist of�ontractor's ernployees, wha nlay c�me in cor•itact
with mznor� dttring the ca�trse and scope of th�Agreeinent, are includec�belo�nr.
6. All a�the below m.e�tior�.e� eznployees hav�tested�.egative�or TB, or X-ray results for
TB, and h�v� current docu7�entatio� on fi�e with Contr�ctor.
7. All of the below rnen.tioned employe�s h�ve rec�ived t�axnin�; a7�d t�ndeistand tlleir
res�ortsibiliti��rxnder the Manclated Peporter Iaws o£�his state and ar�willing and able to
con-���y.
�as���aR��'ca�a���c�or�a��I����s wc���������fi����f�r ����� ����pYc����s,id��a�a�� �.����"):
�v`''�i_„�.�- t t,.l G�G�c\
�c�� G�( �.�L �a �.��.l e"Z.-
.�.,.,,,., ._ �„�,,.a.....,�.,,�.P..._.�.,,�,�...�.�. �.�.�,...e�� �,�...��.,�-
�. The Contractor will notify the �Cit�of�u�ertinc�in writing of any n�w ernployees �nd
will be added to the above Xist prior to beginx�i�zg woxk at tl�.e City Qf C�.�pertanc�.
I dec�a���nc��x•g�e�a��t�r�f p�rjt��y���fi�e�c�r��;��n���tr�� �sad cc�rx��c�.
C�I�� �'C�I'����'�TT��
���' l� ��"�e��CJ �
�.-,.�-,�.-.��,� .��,.
��: !"�.B..�t91°ST+,1 Y L,A 1.�V 4x
'�'ifi1�: V��.�� �''��STL3��S`�"
T����; �.��' ( � �q�.�.,�a
-�'"����1 AMECH-1 �BK
A��� CERTIFICATE OF LIABILITY INSURANCE DATE(MMID�/YYYY)
^ 04/13/2018
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS
CERTIFICATE DOES NOT AFFIRMATIVEI.Y OR NEGATIVELY AMEND, EXTEND OR ALl'ER TME GOVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFBCATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BE7WEEN TME ISSUING INSURER�S), AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE MOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on
this certificate does not confer ri hts to the certificate holder in lieu of such endorsement s).
PRODUCER 3GO-354-4488 �NAME�T Elizabeth Kelsey -
Snapper Shuler Kenner Ins PHONE 360-354-4488 �A?� No�:360-354-1946
Brown&Brown of WA Inc dba fA�c,No,exc>:
P.O.Box 551 E-MAIL beth@sskinsurance.com
Lynden,WA 98264 no�Ress:
Ellzabeth Kelsey,A�41 INSURER S AFFOR�ING COVERAGE NAIC#
irvsuReRa:Philadelphia lndemnity lns. 18058
INSURED COCIO t0 tF10 FUtU�fe' INSURER B:
Arraerican Chess Institute, Inc.
INSURERC:
Vancouver,WA 98683 INSURERD:
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, NOTWITMSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTMER 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 REQUCED BY PAID CLAIMS.
INSR 7ypE OF INSURANCE ADS L SUBD pOLICY NUMBER � MM�pp�EFF POL pY EXY LIMITS �
A )( COMMERCIALGENERALUABILITY . EACHOCCURRENCE �,OOO,OOO
CLAIMS-MADE X OCCUR PHPK1639229 04l14/2017 07/01l2018 DAMAGE TO RENTED �00,p0�
X X E occur e ce $
MED EXP An one erson $ 5,���
PERSONAL&ADV INJURY $ �,OOO,OOO
GEN'LAGGREGATELIMITAPPLIESPER: GENERALAGGREGATE z,OQO,OOO
POLICY❑JECT �LOC PRODUCTS-COMP/0P AGG $ Z,OQO,OOO
OTHER:
� Al1TOMOBILE LIABILITY COMBWED SINGLE LIMIT $ 'I�OOO�OOO
ANYAUTO PHPK1639229 04/14/2017 07(01/2018 BODILYINJURY Per erson $
OWNED SCHEDULED BO�DILYINJURY Peraccident $
AUTOS ONLY AUTOS
X AUTOS ONLY X AU�TOS ONLY , PPe�acEcRdent AMAGE $
A X UMBRELLA LIAB OCCUR EACH OCCURRENCE $ �I iOO � OO �
EXCESSLIAB CIAIMS-MADE PHUB580181 04/14/2017 07l01/2018 AGGREGATE �,���,D00
DED X RETENTION$ 70000 $
A AND EMPLOYERS LIABILO Y Y�N PERTUTE OTH-
ANYPROPRIETORlPARTNER/EXECUTIVE ❑ PHPK1639229 04��4�20'�7 07/01/2018 ��QQQ�QQQ
OFFICER/MEMBER EXCLUDED7 N/A E.L.EACH ACCIDENT $
(Mandatory in NH) WA STOP GAP-EMPLOYER LIAB E.L.DISEASE-EA EMPLOYEE $ �,OOO,QOO
If yes,desc�ibe undar
DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT �,O00,000
ESCRIPT N,O Q, 10 S/ CA IONS/VEHIC (ACORD 01,A�idition e r s e be a ac ed if more space Is required)
�waiverr fsub�r�o�y�gat�n C verage neludes Cla�ms Made�Cove�r�g�e�as��ol�ows�uc�es
Professional Liability�1,000,000 Each Occurrence/$2,000,000 Aggregate �
Abuse/Molestation$1,000,000 Each Occurrence/$2,000,000 Aggregate
Primary and non-contributory per form PI-GL-005 0712
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFpRE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE pELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
Cupertino Recreation and
Community Services Department
10185 N.Stelling Road AUTHORIZEDREPRESENTATIVE
Cupertino,CA 95014 ��;,��o/,,,,
--� �,��
ACORD 25(2016/03) O 1988-2015 ACORD CpRPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
NOTEPAD. MOLDERCOpE AMECH-'I PAGE 2
INSURED'S NAME Code to the Future OP ID: BK Date 04/13/2018
Certificate holder includes Cupertino ktecreation and Community Services
Department, it's City Council, Boards and Commissions, Officials
Employees, Agents, Servants, volunteers, and Consultants as addi�ional
insured.
PI-GL-005 (p7/12)
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED
PRIMARY AND NOIV-CONTRIBUTORY INSURANCE
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Effective Date: 07/21/2017
Name of Person or Organization (Additional Insured):
Cupertino Recreation and Community Services Department
10f85 IV Stelling Rd
Cupertino, CA 95014
SECTION II—WHO IS AN INSURED is amended to include as an additional insured the person(s) or
organization(s) shown in the endorsement Schedule, but only with respect to liability for"bodily injury,"
"property damage"or"personal and advertising injury"arising out of or relating to your negligence in the
pertormance of"your work"for such person(s) or organization(s)that occurs on or after the effective
date shown in the endorsement Schedule.
This insurance is primary to and non-contributory with any other insurance maintained by the person or
organization (Additional Insured), except for loss resul#ing from the sole negligence of that person or
organization.
This condition applies even if other valid and collectible insurance is available to the Additional Insured
for a loss or"occurrence"we cover for this Additional Insured.
The Additional Insured's limits of insurance do not increase our limits of insurance, as described in
SECTION III—LIMITS OF INSURANCE.
All other terms, conditions, and exclusions under the policy are applicable to this endorsement and
remain unchanged.
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PI-GLD-HS(10/11)
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
GENERAL LIABILITY DELUXE ENDORSEMENT:
HUMi4N SERVICES
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE
It is understood and agreed that the following extensions only apply in the event that no other specific coverage for
the indicated loss exposure is provided under this policy. If such specific coverage applies,the terms, conditions and
limits of that coverage are the sole and exclusive coverage applicable under this policy, unless otherwise noted on
this endorsement. The following is a summary of the Limits of Insurance and additional coverages provided by this
endorsement. For complete details on specific coverages, consult the palicy contract wording.
Coverage Applicabie Limit of Insurance Page#
Extended Property Damage Included 2
Limited Rental Lease Agreement Contractual Liability $50,000 limit 2
Non-Owned Watercraft Less than 58 feet 2
Damage to Property You Own, Rent, or Occupy $30,000 limit 2
Damage to Premises Rented to You � $1,000,000 3
HIPAA Clarification 4
Medical Payments $20,000 5
Medical Payments—Extended Reporting Period 3 years 5
Athletic Activities Amended 5
Supplementary Payments—Bail Bonds $5,000 5
Supplementary Payment—Loss of Earnings $1,000 per day 5
Employee indemnification Defense Coverage $25,00� 5
Key and Lock Replacement—Janitorial Services Client Coverage $10,000 limit 6
Additional Insured-Newly Acquired Time Period Amended 6
Additional Insured--Medical Directors and Administrators Included 7
Additional Insured—Managers and Supervisors(with Fellow Included 7
Em lo ee Covera e
Additional Insured—Broadened Named Insured Included 7
Additional Insured—Funding Source Included 7
Additional Insured—Home Care Providers Included 7
Additional Insured—Managers, Landlords, or Lessors of Premises Included 7
Additional Insured—Lessor of Leased Equipment Included 7
Additional Insured—Grantor of Permits Included 8
Additional Insured—Vendor Included 8
Additional Insured—Franchisor Included 9
Additional Insured—When Required by Contract Incfuded 9
Additional Insured—Owners, Lessees, or Contractors Included 9
Additional Insured—State or Political Subdivisions Included 10
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Duties in the Event of Occurrence, Claim or Suit Included 10
Unintentional Failure to Disclose Hazards Included 10
Transfer of Rights of Recovery Against Others To Us Clarification 10
Liberalization Included 11
Bodily Injury-includes Mental Anguish Included 11
Personal and Advertising Injury—indudes Abuse of Process, Included 11
Discrimination '
A. Extended Property Damage
SECTION I—COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE
LIABILITY, Subsection 2. Exclusions, Paragraph a. is deleted in its entirety and replaced by the
following:
a. Expected or Intended Injury
"Bodily injury" or property damage" expected or intended from the standpoint of the insured.
This exclusion does not apply to "bodily injury°or"property damage"resulting from the use of
reasonable force to protect persons or property.
B. Limited Rental Lease Agreement Contractual Liability
SECTION I—COVERAGES, COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE
LIABILITY, Subsection 2. Exclusions, Paragraph b. Contractual Liability is amended to include the
following:
(3) Based on the named insured's request at the time of claim, we agree to indemnify the
named insured for their liability assumed in a contract or agreement regarding the rental
or lease of a premises on behalf of their client, up to$50,000. This coverage extension
only applies#o rental lease agreements. This coverage is excess over any renter's
liability insurance of the client.
C. Non-Owned Watercraft
SECTION I—COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE
LIABILITY, Subsection 2. Exclusions, Paragraph g. (2) is deleted in its entirety and replaced by the
following:
(2) A watercraft you do not own that is;
(a) Less than 58 feet long; and
(b) Not being used to carry persons ar property for a charge;
This provision applies to any person,who with your consent, either uses or fs responsible for
the use of a watercraft. This insurance is excess over any other valid and collectible
insurance available to the insured whether primary, excess or contingent.
D. Damage to Property You Own, Rent or Occupy
SECTION I—COVERAGES, C01/ERAGE A BODILY INJURY AND PROPERTY DAMAG�
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PI-GLD-I-IS (10/11)
LIABILITY, Subsection 2. Exclusions, Paragraph j. Damage to Property, Item (1) is deleted in its
entirety and replaced with the following:
(1) Property you own, rent, or occupy, including any costs or expenses incurred by you, or
any other person, organization or entity, for repair, replacement, enhancement,
restoration or maintenance of such property for any reason, including prevention of injury
to a person or damage to another's property, unless the damage to property is caused by
your client, up to a $30,Q00 limit. A client is defined as a person under your direct care
and supervision. �
E. Damage to Premises Rented to You
1. If damage by fire to premises rented to you is not otherwise excluded from this Coverage Part,
the word "fire" is changed to "fire, lightning, explosion, smoke, or leakage from automatic fire
protective systems"where it appears in:
a. The last paragraph of SECTION I—COVERAGES, COVERAGE A BODILY INJURY AND
PROPERTY DAMAGE LIABILITY, Subsection 2. Exclusions; is deleted in its entirety and
replaced by the following:
Exclusions c. through n, do not apply to damage by fire, lightning, explosion,smoke, or
leakage from automatic fire protective systems to premises while rented to you or
temporarily occupied by you with permission of the owner.A separate limit of insurance
applies to this coverage as described in SECTION III—LIMITS OF INSURANCE.
b. SECTION I11— LIMITS OF INSURANCE, Paragraph 6. is deleted in its entirety and replaced
by the following:
Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit is the
most we will pay under Coverage A for damages because of"property damage"to any
one premises, while rented to you, or in the case of damage by fire, lightning, explosion,
smoke, or leakage from automatic fire protective systems while rented to you or
temporarily occupied by you with permission of the owner.
c. SECTION V—DEFINITIONS, Paragraph 9.a., is deleted in its entirety and replaced by the
following:
A contract for a lease of premises. However, that portion of the contrac#for a lease of
premises that indemnifies any person or organization for damage by fire, lightning,
explosion, smoke, or leakage from automatic fire pratective systems to premises while
rented to you or temporarily occupied by you with permission of the owner is not an
"insured contract";
2. SECTION IV—COMMERCIAL GENERAL LIABILITY CONDITIONS, Subsection 4. Other
Insurance, Paragraph b. Excess Insurance, (1) (a)(ii) is deleted in its entirety and replaced by
the following:
That is insurance for fire, lightning, explosion, smoke, or leakage from automatic fire
protective systems for premises rented to you or temporarily occupied by you with permission
of the owner;
3. The Damage To Premises Rented To You Limit section of the Declarations is amended to the
greater of:
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PI-GLD-HS (10/11)
a. $1,000,000; or
b. The amount shown in the Declarations as the Damage to Premises Rented to You L.imit.
This is the most we will pay for all damage proximately caused by the same event, whether such
damage results from fire, lightning, explosion, smoke, or leaks from automatic fire protective
systems or any combination thereof.
F. HIPAA
SECTION I—COVERAGES, COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY,
is amended as follows:
1. Paragraph 1. Insuring Agreement is amended to include the following:
We will pay those sums that the insured becomes legally obligated to pay as damages because
of a"violation(s)"of the hlealth Insurance Portability and Accountability Act(HIPAA). We have
the right and the duty to defend the insured against any"suit,""investigation,"or"civil proceeding"
seeking these damages. However, we will have no duty to defend the insured against any"suiY'
seeking damages, "investigation," or"civil proceeding"to which this insurance does not apply.
2. Paragraph 2. Exclusions is amended to include the following additional exclusions:
This insurance does not apply to:
a. Intentional,Willful,or Deliberate Violations
Any willful, intentional, or deliberate"violation(s)"by any insured.
b. Criminal Acts
Any"violation"which results in any criminal penalties under the HIPAA.
c. O#her Remedies
Any remedy other than monetary damages for penalties assessed.
d. Compliance Reviews or Audits
Any compliance reviews by the Department of Health and Human Services.
3, SECTION V—DEFINITIONS is amended to include the following additional definitions:
a. "Civil proceeding" means an action by the Department of Health and Human Services (HHS)
arising out of"violations."
b. "Investigation"means an examination of an actual or alleged "violation(s)" by HHS. However,
"investigation"does not include a Compliance Review.
c. "Violation" means the actual or alleged failure to comply with the regulations included in the
H I PAA.
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PI-GLD-HS(10/11)
G. Medical Payments—Limit Increased to$20,000, Extended Reporting Period
If COVERAGE C MEDICAL PAYMENTS is not otherwise excluded from this Coverage Part:
1. The Medical Expense Limit is changed subject to all of the terms of SECTION III - LIMITS OF
INSURANCE to the greater of:
a. $20,000; or
b. The Medlcal Expense Limit shown in the Declarations of this Coverage Part.
2. SECTION I—COVERAGE, COVERAGE C MEDICAL PAYMENTS, Subsection 1. Insuring
Agreement, a. (3) (b) is deleted in its entirety and replaced by the following:
(b) The expenses are incurred and reported to us within three years of the date of the
accident.
H. Athletic Activities
SECTION I—COVERAGES, COVERAGE C MEDICAL PAYMENTS, Subsection 2. Exclusions,
Paragraph e. Athletic Activities is deleted in its entirety and replaced with the following:
e. Athletic Activities
To a person injured while taking part in athletics.
I. 5upplementary Payments
SECTION I—COVERAGES, SUPPLEMENTARY PAYMENTS -COVERAGE A AND B are
amended as follows:
1. b. is deleted in its entirety and replaced by the following:
1. b. Up to $5000 for cost of bail bonds required because of accidents or traffic law violations
arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We
do not have to furnish these.
1.d. is deleted in its entirety and replaced by the following:
1. d. All reasonable expenses incurred by the insured at our request to assist us in the
investigation or defense of the claim or"suit", including actual loss of earnings up to$1,000 a
day because of time off from work.
J. Employee Indemnification Defense Coverage
SECTION I—COVERAGES, SUPPLEMENTARY PAYMENTS—COVERAGES A AND B the
following is added:
We will pay, on your behalf, defense costs incurred by an "employee" in a criminal proceeding
occurring in the course af employment. .
The most we will pay for any"emplayee"who is alleged to be directly involved in a criminal
proceeding is$25,000 regardless of the numbers of"employees," claims or"suits"brought or
persons or organizations making claims or bringing"suits.
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K. Key and Lock Replacement—Janitorial Services Client Coverage
SECTION I—COVERAGES, SUPPLEMENTARY PAYMENTS —COVERAGES A AND B is
amended to include the following;
We will pay for the cost to replace keys and locks at the"clients"premises due to theft or other
loss to keys entrusted to you by your"client," up to a $10,000 limit per occurrence and $10,000
policy aggregate.
We will not pay for loss or damage resulting from theft or any other dishonest or criminal act that
you or any of your partners, members, officers, "employees", "managers", directors, trustees,
authorized representatives or any one to whom you entrust the keys of a "clienY'for any
purpose commit, whether acting alone or in collusion with other persons.
The following, when used on this coverage, are defined as follows:
a. "Client" means an individual, company or organization wi#h whom you have a written contrac#
or work order for your services for a described premises and have billed for your services.
b. "Employee"means:
(1) Any natural person:
(a) While in your service or for 30 days after termination of service;
(b) Who you compensate directly by salary, wages or commissions; and
(c) Who you have the right to direct and control while performing services for you; or
(2) Any natural person who is furnished temporarily to you:
(a) To substitute for a permanent"employee"as defined in Paragraph (1)above, who is
on leave; or
(b) To meet seasonal or short-term workload conditions;
while that person is subject to your direction and control and performing services for you.
(3) "Employee"does not mean:
(a) Any agent, broker, person leased to you by a labor leasing firm, factor, commission
merchant, consignee, independent contractor or representative of the same general
character; or
(b) Any"manager,"director or trustee except while performing acts coming within the
scope of the usual duties of an "employee."
c. "Manager" means a person serving in a directorial capacity for a limited liability company.
L. Additionai Insureds
SECTIOIV II—WHO IS AN INSURED is amended as follows:
1. If couerage for newly acquired or formed organizations is not otherwise excluded from this
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Coverage Part, Paragraph 3.a. is deleted in its entirely and replaced by the following:
a. Coverage under this provision is afforded until the end of the policy period.
2. Each of the following is also an insured:
a. Medical Directors and Administrators—Your medical directors and administrators, but
only while acting within the scope of and during the course of their duties as such. Such
duties do not include the furnishing or failure to furnish professional services of any physician
or psychiatrist in the treatment of a patient.
b. Managers and Supervisors—Your managers and supervisors are also insureds, but
only with respect to their duties as your managers and supervisors. Managers and
supervisors who are your"employees"are also insureds for"bodily injury"to a co-
"employee"while in the course of his or her employment by you or performing duties
related to the conduct of your business.
This provision does not change Item 2.a.(1)(a) as it applies to managers of a limited
liability company.
c. Broadened Named Insured—Any organization and subsidiary thereof which you control and
actively manage on the effective date of this Coverage Part. However, coverage does not
apply to any organization or subsidiary not named in the Declarations as Named Insured, if
they are also insured under another similar policy, but for its termination or the exhaustion of
its limits of insurance.
d. Funding Source—Any person or organization with respect to their liability arising out of:
(1) Their financial control of you; or
(2) Premises they own, maintain or control while you lease or occupy these premises.
This insurance does not apply to structural alterations, new construction and demolition
operations performed by or for that person or organization.
e. Home Care Providers—At the first Named Insured's optian, any person or organization
under your direct supervision and control while providing for you private home respite or
foster home care for the developmentally disabled.
f. Managers, Landlords, or Lessors of Premises—Any person or organization with respect
to their liability arising out of the ownership, maintenance or use of that part of the premises
leased or rented to you subject to the following additional exclusions:
This insurance does not apply to:
(1) Any"occurrence"which takes place after you cease to be a tenant in that premises; or
(2) Structural alterations, new construction or demolition operations performed by or on
behalf af that person or organization.
g. Lessor of Leased Equipment—Automatic Status When Required in Lease Agreement
With You—Any person or organization from whom you lease equipment when you and such
person or organization have agreed in writing in a contract or agreement that such person or
organization is to be added as an additional insured on your policy. Such person or
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organization is an insured only with respect to liability for"bodily injury," "property damage" or
"personal and advertising injury" caused, in whole or in part, by your maintenance, operation
or use of equipment leased to you by such person or organization.
A person's or organization's status as an additional insured under this endorsement ends
when their contract or agreement with you for such leased equipment ends,
With respect to the insurance affor.ded to these additional insureds, this insurance does not
apply to any"occurrence"which takes place after the equipment lease expires.
h. Grantors of Permits—Any state or political subdivision granting you a permit in connection
with your premises subject to the following additional provision:
(1) This insurance applies only with respect to the following hazards for which the state or
political subdivision has issued a permit in connection with the premises you own, rent or
control and to which this insurance applies:
(aj The exis#ence, maintenance, repair, construction, erection, or removal of advertising
signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes,
marquees, hoist away openings, sidewalk vaults, street banners or decorations and
similar expasures;
(b) The construction, erection, or removal of elevators; or
(c) The ownership, maintenance, or use of any elevators covered by this insurance.
i. Vendors—Only with respect to"bodily injury"or"property damage"arising out of"your
products" which are distributed or sold in the regular course of the vendor's business, subject
to the following additional exclusions:
(1j The insurance afforded the vendor does not apply to:
(a) "Bodily injury" or"property damage"for which the vendor is obligated to pay
damages by reason of the assumption of liability in a contract or agreement. This
exclusion does not apply to liability for damages that the vendor would have in the
absence of the contract or agreement;
(b) Any express warranty unauthorized by you;
(c) Any physical or chemical change in the product made intentionally by the vendor;
(d) Repackaging, except when unpacked solely for the purpose of inspection,
demonstration, testing, or the substitution of parts under instructions from the
manufacturer, and then repackaged in the original container;
(e) Any failure to make such inspections, adjustments,tests or servicing as the vendor
has agreed to make or normally undertakes to make In the usual course of busfness,
in connection with the distribution or sale of the products;
(f) Demonstration, installation, servicing or repair operations, except such operations
performed at the vendor's premises in connection with the sale of the product;
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(g) Products which, after distribution or sale by you, have been labeled or relabeled or
used as a container, part or ingredient of any other thing or substance by or for the
vendor; or
(h) "Bodily injury"or"property damage"arising out of the sole negligence of the vendor
for its�wn acts or omissions or those of its employees or anyone else acting on its
behalf. However, this exclusion does not apply to:
(i) The exceptions contained in Sub-paragraphs (d) or(�; or
(ii) Such inspections, adjustments, tests or servicing as the vendor has agreed to
make or normally undertakes to make in the usual course of business, in
connection with the distribution or sale of the products.
(2) This insurance does not apply to any insured person or organization, from whom you
have acquired such products, or any ingredient, part or container, entering into,
accompanying or containing.
j. Franchisor—Any person or organization with respect to their liability as the grantor of a
franchise to you.
k. As Required by Contract—Any person or organization where required by a written contract
executed prior to the occurrence of a loss. Such person or organization is an additional
insured for"bodily injury,""property damage"or"personal and advertising injury" but only for
liability arising out of the negligence of the named insured. The limits of insurance applicable
to these additional insureds are the lesser of the policy limits or those limits specified in a
contract or agreement. These limits are included within and not in addition to the limits of
insurance shown in the Declarations
I. Owners, Lessees or Contractors—Any person or organization, but only with respect to
liability for"bodily injury,""property damage"or"personal and advertising injury"caused, in
whole or in part, by:
(1) Your acts or omissions; or
(2) The acts or omissions of those acting on your behalf;
in the performance of your ongoing operations for the additional insured when required by a
contract.
With respect to the insurance afforded to these additional insureds,the following additional
exclusions apply:
This insurance does not apply to"bodily injury"or"property damage" occurring after:
(a) All work, including materials, parts or equipment furnished in connection with such
work, on the project(other than service, maintenance or repairs)to be performed by
or on behalf of the additional insured(s) at the location of the covered operations has
been completed; or
(b) That portion of"your work"out of which the injury or damage arises has been put to
its intended use by any person or organization other than another contractor or
subcontrac#or engaged in performing operations for a principal as a par#of the same
project.
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m. State or Political Subdivisions—Any state or political subdivision as required, subject to
the following provisions:
(1) This insurance applies only with respect to operations performed by you or on your behalf
for which the stafe or political subdivision has issued a permit, and is required by
contract.
(2D This insurance does not apply to:
(a) "Bodily injury,""property damage"or"personal and advertising injury"arising out of
operations pertormed for the state or municipality; or
(b) "Bodily injury"or"property damage"included within the"products-completed
operations hazard."
M. Duties in the Event of Occurrence, Claim or Suit
SECTION IV—COMMERCIAL GENERAL LIABILITY CONDITIONS, Paragraph 2. is amended as
follows:
a, is amended to include:
This condition applies only when the"occurrence" or offense is knawn to:
(1) You, if you are an individual;
(2) A partner, if you are a partnership; or
(3) An executive officer or insurance manager, if you are a corporation.
b. is amended to include:
This condition will not be considered breached unless the breach occurs after such claim or"suit"
is known to:
{1) You, if you are an individual;
(2) A partner, if you are a partnership; or
(3) An executive officer or insurance manager, if you are a corporation.
N. Unintentional Failure To Disclose Hazards
SECTION IV—COMMERCIAL GENERAL LIABILITY CONDITIONS, 6. Representations is
amended#o include the following:
It is agreed that, based on our reliance on your representations as to existing hazards, if you
should unintentionally fail to disclose all such hazards prior to the beginning of the policy period of
this Coverage Part, we shall not deny coverage under this Coverage Part because of such failure.
O. Transfer of Rights of Recovery Against Others'fo Us
SECTION IV—COMMERCIAL GENERAL LIABILITY CONDITIONS, 8. Transfer of Rights of
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Recovery Against Others To Us is deleted in its entirety and replaced by the following:
If the insured has rights to recover all or part of any payment we have made under this Coverage
Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At
our request, the insured will bring "suit"or transfer those rights to us and help us enforce them.
Therefore, #he insured can waive the insurer's rights of recovery prior to the occurrence of a
loss, provided the waiver is made in a written contract.
P. Liberalization
SECTION IV—COMMERCIAL GENERAL LIABILITY CONDITIONS, is amended to include the
following:
If we revise this endorsement to provide more coverage without additional premium charge, we
will automatically provide the additional coverage to all endorsement holders as of the day the
revision is effective in your state.
Q. Bodily 9njury—Mental Anguish
SECTION V—DEFINITIONS, Paragraph 3. Is deleted in its entirety and replaced by the following:
"Bodily injury"means:
a. Bodily injury, sickness or disease sustained by a person, and includes mental anguish
resulting from any of these; and
b. Except for mental anguish, includes death resulting from the foregoing (Item a. above) at any
time.
R. Personal and Advertising Injury—Abuse of Process, Discrimination
If COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY COVERAGE is not
otherwise excluded from this Coverage Part, the definition of"personal and advertising injury" is
amended as follows:
1. SECTION V—DEFINITIONS, Paragraph 14.b. is deleted in its entirety and replaced by the
following:
b. Malicious prosecution or abuse of process;
2. SECTION V—DEFINITIONS, Paragraph 14. is amended by adding the following;
Discrimination based on race, color, religion, sex, age or national origin, except when:
a. Done intentionally by or at the direction of, or with the knowledge or consent of:
(1) Any insured; or
(2) Any executive officer, director, stockholder, partner or member of the insured;
b. Directly or indirectly related to the employment, former or prospective employment,
termination of employment, or application for employment of any person or persons by an
insured;
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c. Directly or indirectly related to the sale, rental, lease or sublease or prospective sales, rental,
lease or sub-lease of any room, dwelling or premises by or at the direction of any insured; or
d. Insurance for such discrimination is prohibited by or held in violation of law, public polfcy,
legislation, court decision or administrative ruling.
The above does not apply to fines or penalties imposed because of discrimination.
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