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HomeMy WebLinkAboutORANGE COUNTY SCHOOL OF THE ARTSINSURAhU 04 FILE A-2021-061 �— WORK MAY PROCEED c UNTIL INSURANCE EXPIRES Exhibit 1 r NJ O i 01 1 ?o27- 01 CLERK OF COUNCIL c DATE: SCHOOL RESOURCE OFFICER SERVICES AGREEMENT BETWEEN THE ORANGE COUNTY SCHOOL OF ARTS CHARTER SCHOOL AND (SA N) 1 THE CITY OF SANTA ANA THIS AGREEMENT is made and entered into this 20th day of April, 2021, by and between the Orange County School of the Arts (hereinafter "OSCA"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"). THIS AGREEMENT shall govern all provisions for services which are to be delivered by the City to OCSA. This Agreement is based upon the following recitals and subject to the Tenms and Conditions mutually agreed upon by the Parties, and each of them. RECITALS: The following recitals are a substantive portion of this Agreement. WHEREAS, OSCA desires to contract with the City to assign a Santa Ana Police officer to act in the role of a School Resource Officer to provide safety for students and staff on campus. WHEREAS, the City agrees to provide one full-time ("FTE") School Resource Officer (SRO) to OCSA. WHEREAS, City and the Santa Ana Police Department ("SAPD") represent that the assigned SRO has the necessary professional, expertise, qualifications, and capability to perform all of the duties and responsibilities assigned to an SRO. WHEREAS, City and SAPD engaged with OCSA to provide the services described in this Agreement to OCSA for a term from April 1, 2018, through March 11, 2021, (#A-2018-072) and continues to provide services since the expiration of that Agreement. OCSA, in reliance on this representation desires to engage City to provide the Services as more fully described in Exhibit "A", attached to and made part of this Agreement. NOW THEREFORE, in consideration of the recitals, covenants, terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES AND DUTIES City and OCSA shall perform the Duties and Services described in Exhibit "A" in accordance with the terms and conditions contained in this Agreement. The perfonnance of all Duties and Services shall be to the reasonable satisfaction of both parties. Work authorized by the City is limited to those specific duties and services set forth in Exhibit "A", and the City agrees to undertake no other duties and/or services for OCSA, under the auspices of this Agreement, whether directly, or indirectly, without prior written consent of City. OCSA agrees that it shall not have the authority to direct the officer's law enforcement activity and by way of this Agreement, the SRO is not relieved of his/her official duties as a police officer. 2.1 This agreement is intended to reimburse the City for 100% of the cost of providing the School Resource Officer. The Personnel costs provided in the Table below are the maximum Personnel costs that will be invoiced Year 1. The compensation to be paid to City for performance of Services described in Exhibit "A", including both payment for professional services and reimbursable expenses shall not exceed the cost of one FTE officer, including all associated vehicle, uniform, supply, and equipment expenses. Such amount shall not exceed $276,520 per year, or $829,560 over the three-year term, which includes in the total amount, an annual $50,000 contingency is included into the annual compensation for overtime and other expenses approved by both the City and OCSA. The City and OCSA will meet to develop an overtime strategy so that both the City and OCSA are in prior agreement regarding the circumstances under which the SRO will be scheduled to work overtime. City agrees to limit charges for service to amounts not to exceed the quotations provided by City to OCSA as set forth in this paragraph. All arrangements for specific work to be performed pursuant to this Agreement and arrangements for payment for such services shall be made solely between City and OCSA. Should City incur additional or unanticipated expenses, City shall provide notice to OCSA of such expenses and OCSA shall be obligated to pay for, or reimburse, said expenses. 2.2 Personnel costs may be lower and will be based on actual Personnel expenses for the officer assigned. Personnel costs include all salary, premiums, and cashouts provided to the employee through the POA MOU. In addition, Personnel costs include Medicare, Retirement, Health, and Retiree Health benefits. Overtime will be invoiced at the actual overtime rate of the officer. The City and OCSA agree that the maximum Personnel costs can increase up to 5% for Year 2 and Year 3, only if the Personnel costs of the selected SRO exceed Year 1 Personnel costs as a result of salary and benefit increases. Fleet expenses include the monthly maintenance, depreciation, accidental repair and replacement charges, and fuel for a dedicated SRO vehicle. Uniform and Equipment includes all uniforms and equipment assigned to the SRO with charges spread over a seven year period. OCSA will pay one seventh of this total amount each year. Vehicle MDT Equipment charges include all MDT equipment installed in the SRO vehicle with charges spread over a seven year period. OCSA will pay one seventh of this total amount each year. Vehicle MDT Data charges include annual in -computer data charges ($38 per month) and GPS data charges ($10 per month). 2.3 Should City and OCSA agree to enter into a contract exceeding the scope of or differing from the services listed in Exhibit "A" attached 'hereto, such a contract -and any compensation due shall be the subject of a further and separate writing executed between OCSA and City. OCSA agrees and understands that the rate schedule as set in the table above, is subject to change on an annual basis to reflect actual costs and may only be changed subject to the written approval of the City Manager and OCSA's Board of Directors or designee. Personnel Fleet Uniforms and Equipment Vehicle MDT Equipment Vehicle MDT Data Contingency (overtime/Other) Three -Year Agreement Total TABLE Annual Monthly Quarterly 194,926 16,244 48,732 28,720 2,393 7,1.80 1,372 114 343 925 77 231 576 48 1.44 50,000 TBD TBD 276,520 18,877 56,630 829,560 2.4 City and OCSA agree and understand that services provided since the expiration of Agreement #A-2018-072 shall be paid to City from April 1, 2021. through the effective date provided, above. 3. TNV0ICE5 In order to request payment, City shall submit quarterly invoices to OCSA describing the services performed and the applicable charges (including the identification of personnel who performed the services, the rates and reimbursable expenses). The information on the City's payment requests shall be subject to verification by OCSA. City shall send all invoices to the OCSA address specified in Section 15 below. OCSA shall process and pay all invoices submitted within thirty (30) days of receipt. 4. TERM This Agreement shall commence on the effective date detailed above and terminate on March 31, 2024, unless terminated earlier in accordance with Section 13, below. In the event that the SRO is absent for any reason, the City shall provide a substitute SRO for the period of the absence and OCSA will pay any and all actual expenses associated with such substitution. The City and OCSA shall meet to develop guidelines for what hours OCSA wants covered in the event the SRO is on a short-term absence (e.g. sick, vacation, holiday, etc.) in order to minimize overtime expenses. 6.1 All of the Services shall be performed by City or under the City's supervision. City represents that it possesses the professional and technical personnel necessary to perform 3 the Services required by this Agreement and that the personnel assigned has the sufficient skill and experience to perform tine Services assigned to him/her. 6.2 SAPID will have authority for assignment, hours worked, supervision, wages and other terms and conditions of employment for the SRO assigned to OCSA. No part of this Agreement shall be deemed a restriction on the power of SAPID to keep the peace and utilize police officers, or any other designated employees, or equipment at such times and places and in such manner as SAPD, in the exercise of its judgment and discretion, may deem necessary for the carrying out of the duties of its office. While the SRO is working on OCSA property, he or she must report to and collaborate with the principal or designee. SRO's are employees of the City and are not employees of OCSA. CONF+IIDENTIALITY 7.1 Neither party, shall, without written consent of the other, communicate confidential information, designated in writing or identified in this Agreement as such, to any third party and shall protect such information from inadvertent disclosure to any third party in the same manner that they protect their own confidential information, unless such disclosure is required in response to a validly issued subpoena or other process of law, Upon completion of this Agreement, the provisions of this paragraph shall continue to survive. 7.2 If pursuant to this Agreement with OCSA, City shares with OCSA personal information as defined in California Civil Code section 1798.81.5(d) about a California resident ("Personal Information"), OCSA shall maintain reasonable and appropriate security procedures to protect that Personal Information and shall inform City immediately upon learning that there has been a breach in the security of the system or in the security of the Personal Information. OCSA shall not use Personal Information for direct marketing purposes without CITY's express consent. Similarly, City shalt maintain reasonable and appropriate security procedures to protect personal information pertaining to OCSA students, including but not limited to compliance with the Family Education Rights and Privacy Act (PERPA). OCSA acknowledges that police officers are subject to the California Public Safety Officers' Bill of Rights, (Government Code sections 3300, et seq., "POW). OCSA shall not take any action that may lead to punitive action against the SRO, but shall address its concerns to the City for handling egnsistent with POBR. It is understood and agreed that in performing the Services under this Agreement, City, and any person employed by or contracted with City to furnish labor and/or materials under this Agreement, shall act as and be all independent contractor and not an agent or employee of OCSA. 10. SUBCONTRACTING CITY shall not subcontract any portion of the work to be performed under this Agreement without prior written authorization of the City Manager or designee and OCSA. 1.1. ASSIGNMENT' The parties agree that the expertise and experience of City are material considerations for this Agreement, City shall not assign or transfer any interest in this Agreement nor the performance of any of City's obligations hereunder without the prior written consent of the City Manager and OCSA. Consent to one assignment will not be deemed consent to any subsequent assignment. Any assignment made without the approval of the City Manager and OCSA will be void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel. 12. INSURANCE 12.1 OCSA, at its sole cost and expense, shall obtain and maintain in full force and effect during the term of this Agreement, the insurance coverage described in Exhibit "B". OCSA, and its contractors, if any, shall obtain a policy endorsement naming City as an additional insured under any general liability policy or policies. 1.2.2 All insurance coverage required hereunder shall be provided through carriers with AM Best's Key Rating Guide ratings of A-:VII or higher which are licensed or authorized to transact business in the State of California. Any and all contractors of CTPY retained to perform services under this Agreement will obtain and maintain, in full. force and effect during the term of this Agreement, identical insurance coverage, naming CITY as an additional insured under such policies as required above. 12.3 Certificates evidencing such insurance shall be filed with City concurrently with the execution of this Agreement. The certificates will be subject to the approval of the City Attorney and will contain an endorsement stating that the insurance is primary coverage and will not be canceled, or materially reduced in coverage or limits, by the insurer except after filing with the Contract Manager thirty (30) days' prior written notice of the cancellation or modification. If the insurer cancels or modifies the insurance and provides less than thirty (30) days' notice to OCSA, OCSA shall provide the Contract Manager written notice of the cancellation or modification within two (2) business days of the OCSA's receipt of such notice. OCSA shall be responsible for ensuring that current certificates evidencing the insurance are provided to City's Contract Manager during the entire term of this Agreement. 12.4 The procuring of such required policy or policies of insurance will not be construed to limit OCSA's liability hereunder nor to fulfill the indemnification provisions of this Agreement. Notwithstanding the policy or policies of insurance, OCSA will be obligated for the full and total arnount of any damage, injury, or loss caused by or directly arising as a result of the Services performed under this Agreement, including such damage, injury, or loss arising after the Agreement is terminated or the term has expired. 12.5 The City, at its sole cost and expense, shall obtain and maintain, in full force and effect during the term of this Agreement, the insurance coverage described in Exhibit "B", The City and its contractors, if any, shall obtain a policy endorsement naming OCSA as an additional insured under any general liability policy or policies. The City may self -insure to meet the requirement specified in Section 13, 12.6 Certificates evidencing such insurance shall be filed with OCSA concurrently with the execution of this Agreement. The certificates will be subject to the approval of OCSA's Risk Manager and will contain an endorsement stating that the insurance is primary coverage and will not be canceled, or materially reduced in coverage or limits, by the insurer except after tiling with the Purchasing Manager thirty (30) days' prior written notice of the cancellation or modification. If the insurer cancels or modifies the insurance and provides less than thirty (30) days' notice to City, City shall provide the Purchasing Manager written notice of the cancellation or modification within two (2) business days of the City's receipt of such notice. City shall be responsible for ensuring that current certificates evidencing the insurance are provided to OCSA's Purchasing Manager during the entire term of this Agreement. t!R�hIN11L\Mikll7Di-U ;1 City shall defend, indemnify and hold harmless OCSA, its agents, officers and employees, for any liability for injury to or death of any person or damage to or loss of any property caused by a negligent or wrongful act or omission occurring in the performance of this Agreement by City, its SRO, officers, agents or employees and OCSA shall defend, indemnify and hold harmless City, its agents, officers and employees for any liability for injury or death of any person or damage to or loss of any property caused by a negligent or wrongful act or omission occurring in the performance of this Agreement by OCSA, its officers, agents, or employees. 14.1 Either party may suspend the performance of the Services, in whole or in part, or terminate this Agreement, with or without cause, by giving thirty (30) days prior written notice thereof to the other party. Upon receipt of such notice, CITY will immediately discontinue its performance of the Services. 14.2 Upon such suspension or termination by either party, City will be paid for the services rendered to OCSA in accordance with th.e scope of services on or before the effective date (i.e., 30 days after giving notice) of suspension or termination. The following Sections will survive any expiration ortennination of this Agreement: 13, 1.4, 1.5, 16, and l7. 14.1 No payment, partial payment, acceptance, or partial acceptance by City will operate as a waiver on the part of City of any of its rights under this Agreement. 14.4 In the event of a Termination or Suspension of the Agreement or Set -vices, the City shall be entitled to receive and OCSA shall pay the City compensation for all services performed by City prior to receipt of such notice of termination. 15. NOTICES Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other mutually approved electronic mail/communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza, M-30 P.O. Box 1988 Santa Ana, CA 92702-1.988 Fax:(714) 647-6956 With courtesy copies to: City of Santa Ana Police Department Attention: Chief of Police City of Santa Ana 60 Civic Center Plaza, M-96 P.O. Box 1981 Santa. Ana, California 92702 Fax:(714) 647-6591 To OCSA: Steven Wagner Chief Operations Officer Orange County School of the Arts Board of Trustees 1010 North Main Street Santa Ana, CA 92701 steven,wagner@ocai-ts.net A party may change its address by giving notice in writing to the other party. Thereafter, communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duty registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax or e-mail, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 16. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and OCSA, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of OCSA. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein 17. JURISDICTION- VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. t 1 / a. Each undersigned represents and warrants that its signature herein below has the power, authority and rigbt to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. c. If a court of competentiurisdiction finds or rules that any provision of this Agreement or any amendment thereto is void orunenforceable, the unaffected provisions of this Agreement and any amendments thereto will remain in full force and effect. [signature page to follow] IN WITNESS WHEREOF, the parties hereto have by their duly authorized representatives executed this Agreement the date and year first above written. ATTEST: F AISY GOMEZ Jerk of the Council CITY OF SANTA ANA -Z>r� k \A- - KRISTINE RIDGE City Manager APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney BYf���iru JL Tamara Bogosian Senior Assistant City Attorney RECOMMENDED FOR APPROVAL: 5 Chief of '• Attachments: EXHIBIT "A": SCOPE OF WORK EXHIBIT `B": INSURANCE REQUIREMENTS ORANGE COUNTY SCHOOL OF THE ARTS CHARTER SCHOOL S ve W er Chief Operations Officer IN i Goal. To assign a sworn Santa Ana Police Department officer to OCSA as a School Resource Officer ("SRO) who will act as a visible and active resource on campus for the safety and security of all students and staff, A. SRO. The responsibilities of the SRO will include but are not limited to the following: L. General Duties. a. Schedule. It is the intent of the parties that the S.RO's duty hours shall conform to the school day. The SRO shall be present on campus an average of forty (40) hours per week, (five (5) day work week, eight (8) hours a day) between the hours of 7:00 a.m. and 4:00 p.m. on days school is in session and other times as maybe required by prior arrangement between OCSA and the City. It is the responsibility of the SRO to report schedule conflicts to OCSA. It is understood and agreed that time spent by the SRO attending court or official police training arising from and/or out of their employment as an SRO shall. be considered as hours worked under this Agreement. In the event of an emergency, if the SRO is ordered by SAPD to leave school during normal duty hours as described above and perform other services for SAPD, then the time spent shall not be considered hours worked under this Agreement. In such an event, the compensation paid by OCSA to the City shall be reduced by the number of hours of SRO service not provided to OCSA or the hours shall be made up in a manner determined by mutual agreement of the parties. The parties intend that on days when school is not in session, the SRO will be reassigned from OCSA to the City, SAPD reserves the right to temporarily remove the SRO in the event that additional officers are needed dining a critical incident or natural disaster, b. Attire. The SRO will wear the Santa Ana Police Department uniform with all normal accessories and equipment,, including a Taser,, OC and firearm. The SRO's Commander may allow an exception to this rule at his/her discretion based on investigatory or policing needs. C. 3Yehicles and Enuipmeut. Except as otherwise provided in this Agreement, the City shall furnish all equipment which may be required to support the SRO. The City shall furnish the SRO with a vehicle which is equipped and maintained pursuant to City standards and policies, equipment for vehicles, and maintenance for the vehicles. OCSA shall not acquire any legal interest in the vehicle or equipment for the vehicle furnished by the City by virtue of=this Agreement. d. Chain of Command. As an employee of SAPD, the SRO will be subject to the chain of command of the police department. e. Office. The SRO will have a dedicated office on campus where he/she will 10 maintain all required records in a locked fling cabinet. The SRO will use a computer and printer owned by the City that will remain on campus so long as the Agreement is in full force and effect. f. Radio Communication. The SRO shall be provided school -based radio Communication equipment used by school administrators and staff. g. Miscellaneous. Any existing rights or benefits of personnel assigned under this agreement shall not be abridged, and remain in full effect. 2. Investigation and Enforcement of Crimes Committed on Campus. The SRO will engage in proactive policing on the school campus and will take appropriate enforcement action at any authorized co -curricular, extracurricular and non-academic events held on campus. The SRO shall intervene when it is necessary to prevent any criminal act and/or maintain a safe school environment. The SRO will assume primary responsibility for handling all calls for service at OCSA and will enforce state and Local laws and ordinances. When necessary, the SRO will make arrests and/or issue citations in accordance with California state law and department policy. The SRO may make appropriate referrals to juvenile authorities or other governmental agencies. The SRO and SAPD will have the final decision on whether criminal charges shall be filed. The SRO shall, whenever practical, advise the principal before requesting additional enforcement assistance on campus and inform the principal of additional law enforcement responsibilities that may need to be undertaken. School authorities and the parents of any child involved shall. be notified as quickly as possible when the SRO takes any direct law enforcement action involving a student, on -campus during school hours. In the event of a school code violation, the SRO will take the student to the principal's office for discipline to be meted out by school officials. Disciplining students is OCSA's responsibility. 3. Transnortine Students. SRO's shall not transport students in an SAPD patrol vehicle except when a student is a. victim of a crime, under arrest, or some other emergency circumstances exist. Students shall not be transported to any location unless it is determined that the student's parent, guardian or custodian is at the destination to which the student is being transported. The SRO shall not transport students in their personal vehicle. The SRO shall notify school personnel upon removing a student from campus. 4. Campus Safety. Work together with OCSA staff to improve student safety on campus. Be highly visible throughout the campus, yet be unpredictable in their movements. For officer safety reasons, the SRO shall not establish any set routine, which allows predictability in their movements and their locations. The SRO will share information with OCSA's administration about persons and conditions that pertain to campus safety concerns. 5. Coordination With Staff. Establish and maintain a partnership with school administrators, faculty and staff in order to provide for a safe school environment. Confer with the principal to develop plans and strategies to prevent and/or minimize dangerous situations on or near the campus involving students at school -related activities. When requested, be a resource for teachers, parents and students for conferences dealing with individual problems or questions. 6. Compliance With Policies and flaws. Comply with OCSA's rules and regulations pertaining to the operation of the school unless such compliance is not practicable due to exigent circumstances. The SRO shall comply with all laws, regulations and policies regarding access to confidential student records and detaining, investigating, and searching students on school premises, provided the SRO shall under no circumstances be required or expected to act in a manner inconsistent with the duties of a law enforcement officer. The use of confidential school records by the SRO shall be done with the principal's approval in amanner consistent with school policy. The SRO will abide by all applicable legal requirements concerning interviews or searches should it be necessary to conduct formal law enforcement interviews or searches with students or staff on property or at school functions under the jurisdiction of OCSA. The SRO will not be involved in. searches conducted by school personnel unless a criminal act is involved or unless school personnel require assistance of the SRO because of exigent circumstances, such as the need for safety or to prevent flight. Formal investigations and arrests by law enforcement officials will be conducted in accordance with applicable legal requirements. At all times during the performance of this Agreement, the SRO shall adhere to and obey all of OCSA's rules and regulations pertaining to the operation of the school, unless otherwise authorized by school administration or unless such compliance is not practicable due to exigent circumstances. 7. Student and Staff interaction. The SRO will be personable, approachable and available in order to mentor and build positive relationships with students and families mentor students, act as arole model for students, and assist them in resolving conflicts. Provide information concerning questions about law enforcement topics to students and staff. 8. Access to Education Records. OCSA shall allow the SRO to inspect and if necessary, copy any public records maintained by OCSA to the extent allowed by law. If some information in a student's record is needed in an emergency to protect the health or safety of the student or others, school officials shall disclose to the SRO that information which is needed to respond to .the emergency situation based on the seriousness of the threat to someone's health or safety, the necessity of the information to meet the emergency situation and the extent to which time is of the essence. If confidential student record information is needed by an SRO, but no emergency situation exists, the information may be released only as allowed by law. B. OCSA. OCSA's responsibilities include but are not limited to: 1. Office. OCSA shall provide the,,SRO with a private, appropriately furnished and climate controlled office space on campus that can be secured and is reasonably acceptable to SAPD. This shall include but is not limited to a desk with drawers, chair, filing cabinet for files and records which can be properly locked and secured, and a telephone. 2. Parking Space. OCSA shall provide the SRO a dedicated parking space in the campus parking lot for the SRO's patrol vehicle. 12 3. School Email Address. OCSA shall provide the SRO his/her own school email address such that when a global email is sent to all school administrators and staff, the SRO will be in receipt of same. 4. Internet Access. OCSA shall provide internet access to tine assigned SRO. 5. Notifications. When school personnel discover weapons, drugs, alcohol, or illegal contraband on school property, the SRO shall be notified as soon as reasonably possible. If no juvenile or criminal charges are to be filed, and no administrative action is to be taken by OCSA, the contraband shall be confiscated by the SRO according to SAPD's policy and properly disposed of School personnel shall notify the SRO with the names of specific individuals who are not allowed on school property and shall notify the SRO of any anticipated parental problems resulting from disciplinary action taken against a student. OCSA will provide SAPD with updated copies of all laws, rules, regulations and school board policies applicable to employees of OCSA, including but not limited to laws, rules, regulations and policies regarding access to confidential student records and/or the detention, investigation and searching of students on school premises. OCSA will provide the same training and materials to the SRO as those provided to OCSA employees. 6. Cooperation. OCSA will work cooperatively with SAPD to make any needed adjustments to the SRO program throughout the year. OCSA shall assist City with the evaluation of the officer, however, the City shall have the responsibility to evaluate, manage, and supervise the assigned officer. OCSA will immediately notify City of any concerns regarding the SRO's level of service. 1.3 EXHIBIT "B" INSURANCE REQUIREMENTS OCSA, AT THEIR SOLE EXPENSE, SHALL FOR THE. PERM OF THE CONTRACT OBTAIN AND MAINTAIN INSURANCE: IN TIC AMOUNTS FOR THE COVERAGE SPECIFIED BF,L.OW, AFFORDED BY COMPANIES WITI[ AM BEST' S RE, Y RATING OF A-:VII, OR MGI-IER, LICENSED OR AUTHOR17F.D TO TRANSACT INSURANCE BUSINESS IN THE STATE OF CALIFORNIA. AGREEMENT IS CONTINGENT ON COMPLIANCE WI'CTI CITY'S INSURANCE REQUIRLm N,PS, AS SPECIFIED BELOW: NIINIMUM LIMITS REQUIRED 'TYPEOFCOVERAGE REQIJII2ENIENT EACH OCCURRENCE AGGRE(IATFi ygS WORKER'S COMPENSATION STATUTORY yES EMPLOYER'8 LIABILITY STATUTORY BODILY INJL[RY 51,000.000 S1,ODQOOD YES GENERAL LIABILITY, INCLUDING PERSONAL, INJURY, BROAD FORM PROPERTY DAMAGE $Loo0,000 $1,000,000 PROPERTY DAMAGE BLANKET CONTRACTUAL, AND FIRE. LEGAL BODILY INJURY & PROPERTY $1,000,000 $2,000,000 LIABILITY DAMAGE COMBINED. BODILY INJURY 1100 0000 $1,000,000 EACIIPEMON SU,0)0000 $1,000.000 AUTO\-IOBILL LIABILITY, EACH OCCURRENCE SI,000,000 "1,000.000 S`liS INCLUDING ALL OWNED, AIRED, NON -OWNED PROPERTI'DAMAGE $1,000,000 $1,000.0m BODILY INJURY AND PROPERTY S1,000.000 "1,000,000 DANIAGE, COMBINED PROFESSIONAL LIABILITY, NO INCLUDING, ERRORS AND OMISSIONS, MALPRACTICE (WHEN APPLICABLE), AND NEGLIGENT I'MFORMANVE ALL. DAMAGES $1.000.000 THE CITY OF SANTA ANA IS TO BE NAMED AS AN ADDITIONAL INSURED: OCSA, AT ITS SOLE YES COST AND EXPENSE, SHALL OBTAIN AND MAINTAIN, IN FULL FORCE AND EFFECT THROUGHOUT THE ENTIRE TERM OF ANY RESULTANT AGREEMENT, THE INSURANCE COVERAGE HEREIN DESCRIBED, INSURING NOT ONLY CONTRACTOR AND ITS SUBCONSULTANTS, IF ANY, BUT AL SO, WITH THE EXCEPTION OF WORKERS' COMPENSATION, EMPLOYER'S LIABILITY AND PROFESSIONAL INSURANCE, NAMING AS ADDITIONAL INSUREDS CITY, ITS COUNCIL MEMBERS, OFFICERS, AGENTS, AND EMPLOYEES. I. INSURANCE COVERAGE MUST INCLUDE: A. A PROVISION FOR A WRITTLN'THIRTY DAYADVANCE NOTICE TO CITY OF CHANGE IN COVERACC OR OF COVERAGE CANCELLACION; AND B. A CONTRACTUAL, ]:,LABILITY ENDORSEMENT PROVIDING INSURANCE COVERAGE FOR. CONTRACTOR'S AGREEMENT TO INDEMNIFY CITY. C. DEDUCTIBLE AMOUNTS.IN EXCESS OF $5,000 REQUIRE CITY'S PRIOR APPROVAL. IL OCSA MUST SUBMIT CERTIFICATES(S) OF INSURANCE EVIDENCING REQUIRED COVERAGE. 14 A. PRIMARY COVERAGE WITH RFSPECT TO CLAIMS ARISINU OIJT OF 'I:IHE OPER AI IONS OF THE NAMED INSURED, INSURANCE AS AFFORDED BY'ITIIS POLICY IS PRIMARY AND IS NOT ADDI fIONAL TO OR CONTRIBUTING WITH ANY OTHER INSURANCE CARRIED BY OR FOR THE BEN] FI'E OF'IHE ADDITIONAL INSUREDS. B. CROSS LIABILITY THE NAMING OF MORE TITIAN ONE PERSON, FIRM, OR CORPORATION AS INSUREDS UNDER UTE' POLICY SIiALL NOT, FOR 'FI:3AT R.HASON ALONE, EX'ITNGUISH ANY RIGHTS OF THE INSURED AGAINST ANOTI EI R, I3UL TITIS END(-)RSEMI NT`, AND TIIE NAMING OF MULTIPLE INSUR}3DS, SHALL NOT INCREASE TIIE TOTAL LIABILITY OF TIIE COMPANY UNDER TI-US POLICY. C. NOTICE OF CANCELLATION IF TIIE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR ANY REASON OTHER THAN'I7!I:E NGN-PAYMENT OF PREMIUM, OCSA SHALL PROVIDE CFFY AT :LEAST A THIRTY (30) DAY WRITIENNOTICI3 B;EiFORE THE EFF'EC'I`IVE DATE OF CANCELLATION. 2. Il^'THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR THE NONPAYMENTOF 131.UNIIJMI OCSA SHALL, PROVIDE CITY AT LEAST A TEN (10) DAY WRITTEN NOTICE? BEFORE TIIE ErFCEC't[VE DATE OF CANCELLATION. NOTICES SITALL BE MAILEDTO: CITY OF SANTA ANA 20 Civic Center Plaza, M29 P.O.Bos 1988 Santa Ann, Calitornia 92702 t5 Digitally signed by Francine R. — Francine R. Villareal Villareal Date: ID21.07.15 4557,45 u>'no .�� JGSAOUO-01 NPADILLA DATE 7/13/2021 3/2021 ACORO CERTIFICATE OF LIABILITY INSURANCE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements . PRODUCER c N ?CT Nora Padilla Corona Insurance Aggency, Inc. 2275 S Main Street, Suite 101C Corona, CA 92882 HICCO No, Eat: (951) 737-2270 Fa/c, No :(951 737-5927 -MAIL @- D . nora ISU-CP i.tom INSURERS AFFORDING COVERAGE NAIC R INSURER A: Philadelphia Indemnity Ins Co 18058 INSURED INSURER B:Oak River Insurance Company 34630 INSURER C OCSA INSURER D 1107 N. Main Street Santa Ana, CA 92701 INSURER E INSURER F : COVERAGES CERTIFICATE NUMBER' REVISION NIJMRFR: 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 CONTRACTOROTHER DOCUMENTWITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN 15 SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDLSUBR POLICY NUMBER fMM1LDCWEFF POLICY EXP LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS-Ml OCCUR X PHPK2292961 711/2021 7/1/2022 EACH OCCURRENCE 1,000,000 DA AGEETO REWED 100,000 MED UP An one erson 5,000 PERSONAL S ADV INJURY 1,000,000 AGGREGATE LIMIT� APPLIES PER POLICY JEC- LOC GENERALAGGREGATE 3,000,000 GEN'L PRODUCTS-COMP/OP AGG 1,000,000 OTHER: A AUTOMOBILE LIABILITY EOMBINED SINGLE LIMIT $ 1,000,000 BODILY INJURY Per Plassont$ X ANY AUTO PHPK2292961 7/1/2021 71112022 OWNED SCHEDULED AUTOS ONLY AUTOS BODILY BODILY INJURY Peracoidenl AUTOS ONLY ALTNOS ONL� P �acciEanl AGE UMBRELLA LIAB OCCUR EACH OCCURRENCE $ AGGREGATE EXCESS LIAB CLAIMS -MADE DELI I I RETENTIONS B WORKERS COMPENSATION ANDEMPLOYERS' LIABILITY YIN AFFICEWMEMBER EXCLUDED?ECUTIVE ❑ 'Mandatory In NH) NIA ORWC209187 7/1/2021 71112022 PET OTH- UT ER E.L. EACH ACCIDENT 1,000,000 E.L. DISEASE - EA EMPLOYE 1,000,000 If rs, Eescdbe under DESCRIPTION OF OPERATIONS below E.L. DISEASE- POLICY LIMB 1,000,000 A Liability PHPK2292961 711/2021 711/2022 Sexual/Abuse/Molest 2,000,000 DESCRIPTION OF OPERATIONS /LOCATIONS I VEHICLES ACORD 101, Additional Remarks Schedule, me be attached If more s ace Is require 30 DAY NOTICE OF CANCELATION, EXCEPT 1 DAYS NOTICE OF CANCELLATION MR NON PAYMEGT OF PREVIUM. THE CITY OF SANTA ANA IS NAME AS ADDITIONAL INSURED: OCSA, AT ITS SOLE COST AND EXPENSE, SHALL OBTAIN AND MAINTAIN, IN FULL FORCE AND EFFECT THROUGHOUT THE ,14, inL ,,.,. �. w"..c, w.u,"o�.�, ..,JN,, w inAGI.ia a..,SUBCONTRACTORS, IF ANY, BUT ALSO WITH THE EXCEPTION OF WORKERS COMPENSATION, EMPLOYERS LIABILITY AND PROFESSIONAL INSURANCE. THE CITY OF SANTA ANA, ITS COUNCIL MEMBERS, OFFICERS, AGENTS AND EMPLOYEES AS ADDITIONAL INSURED PER THE ATTACHED PI-GLD-VS. INCLUDES PRIMARY WORDING FOR ADDITIONAL INSURED. (AS RESPECTS TO WORK OF SERVICES FOR OCSA) CITY OF SANTA ANA 20 CIVIC CENTER PLAZA, M29 Santa Ana, CA 92702 ACORD 25 (2016103) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORRED REPRESENTATIVE ///;T+rW/' A% 'Tt Y t0dt 1Stri AFPi;1 vEC S . CREVIEWm bapAPPRIQ'J'®BY,: W I4A�N h. VXAVAt 01988-2015 ACORD C i The ACORD name and logo are registered marks of ACORD I 1 - Risk Management Analyst Philadelphia Indemnity Insurance Company PI-GLD-VS (05/17) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. GENERAL LIABILITY DELUXE ENDORSEMENT SCHOOLS 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 policy contract wording. Coverage Applicable Limit of Insurance Page # Damage to Premises Rented to You $300,000 2 Extended Property Damage included 2 Non -Owned Watercraft Less than 58 feet 2 Supplementary Payments — Bail Bonds $2,500 2 Supplementary Payment — Loss of Earnings $500 per day 2 Medical Payments $15,000 3 Medical Payments — Extended Reporting Period 3 years 3 Employee Indemnification Defense Coverage for Employee $25,000 3 Additional Insured — Medical Directors and Administrators Included 3 Additional Insured — Managers and Supervisors Included 3 Additional Insured — Broadened Named Insured Included 3 Additional Insured — Funding Source Included 3 Additional Insured — Managers or Lessors of Premises Included 4 Additional Insured — By Contract, Agreement or Permit Included 4 Additional Insured — Broad Form Vendors Included 4 General Aggregate — Per Campus Included 5 Duties in the Event of Occurrence, Claim or Suit Included 6 Other Insurance — Primary Additional Insured Included 6 Other Insurance — You Are An Additional Insured On Another Person's Or Or anization's Policy Included 7 Unintentional Failure to Disclose Hazards Included 8 Liberalization Included 8 Bodily Injury — includes Mental Anguish Included 8 Personal and Advertising Injury — includes Abuse of Process, Discrimination Included 8 Transfer of Rights of Recovery Against Others To Us Clarification 9 Science Laboratory "Occurrence" $50.000 9 Medical Incident Liability — Nurse and Athletic Trainer Included 9 PI-GLD-VS (05/17) xukMvum Ra DM. A Page 1 of 9 %� �`"F at�nEwm&nRRRov®By. Includes copyrighted material of Insurance Services Office, Inc., with its pe f He ae R. V&xwL NOW Risk Management Malpt Philadelphia Indemnity Insurance Company PI-GLD-VS (05/17) A. 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; b. SECTION III - LIMITS OF INSURANCE, Paragraph 6., c. SECTION V — DEFINITIONS, Paragraph 9.a. 2. If damage by fire to premises rented to you is not otherwise excluded from this Coverage Part, the words "Fire insurance" are changed to "insurance for fire, lightning, explosion, smoke, or leakage from automatic fire protective systems" where it appears in: a. SECTION IV -COMMERCIAL GENERAL LIABILITY CONDITIONS, Subsection 4. Other Insurance, Paragraph b. Excess Insurance 3. The Damage To Premises Rented To You Limit section of the Declarations is amended to the greater of: a. $300,000; or b. The amount shown in the Declarations as the Damage to Premises Rented to You Limit. 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. B. Extended "Property Damage" SECTION I - COVERAGES. COVERAGE A, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Subsection 2. Exclusions, Paragraph a. is deleted 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. C. Non -Owned Watercraft SECTION I — COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Subsection 2. Exclusions, Paragraph g. (2) is amended to read as follows: (2) A watercraft you do not own that is (a) Less than 56 feet long; and (b) Not being used to carry persons or property for a charge, This provision applies to any person, who with your consent, either uses or is 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. Supplementary Payments Under the SUPPLEMENTARY PAYMENTS - COVERAGE A AND B provision, Items 1.b. and 1.d. PI-GLD-VS (05/17) Page 2 of 9 Includes copyrighted material of Insurance Services Office, Inc., with its pe rn Risk ManagementDMsion REVIEWED6APPR�O�V>ED BY. (p �. �� Risk Management Analyst Philadelphia Indemnity Insurance Company PI-GLD-VS (05/17) are amended as follows: 1. The limit for the cost of bail bonds is changed from $250 to $2,500; and 2. The limit for loss of earnings is changed from $250 a day to $500 a day. E. Medical Payments - Limit Increased to $15,000, 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. $15,000; or b. The Medical Expense Limit shown in the Declarations of this Coverage Part. 2. SECTION 1— COVERAGE, COVERAGE C MEDICAL PAYMENTS, Subsection 1. Insuring Agreement, the second part of Paragraph a. is amended to read: provided that: (2) The expenses are incurred and reported to us within three years of the date of the accident; F. Employee Indemnification Defense Coverage Under the SUPPLEMENTARY PAYMENTS - COVERAGES A AND B provision, the following is added: 3. We will pay, on your behalf, defense costs incurred by an "employee" in a criminal proceeding. The most we will pay for any "employee" 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'. G. SECTION II - WHO IS AN INSURED is amended as follows: 1. If coverage for newly acquired or formed organizations is not otherwise excluded from this Coverage Part, Paragraph 3.a. is changed to read: 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. b. Managers and Supervisors - If you are an organization other than a partnership or joint venture, your managers and supervisors are also insureds, but only with respect to their duties as your managers and supervisors. 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 PI-GLD-VS (05/17) Dtvislon Page 3 of 9 REVIEwED By: Includes copyrighted material of Insurance Services Office, Inc., with its pe % F,,� p, vs_,� aim' Rnk Managenwnt Analyst Philadelphia Indemnity Insurance Company PI-GLD-VS (05/17) (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. Managers 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 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. (2) Structural alterations, new construction or demolition operations performed by or on behalf of that person or organization. f. By Contract, Agreement or Permit - Any person or organization with whom you agreed, because of a written contract or agreement or permit, to provide insurance such as is afforded under this policy, but only with respect to your operations, "your work" or facilities owned or used by you. (1) This provision does not apply: (a) Unless the written contract or agreement has been executed or permit has been issued prior to the "bodily injury," "property damage," "personal and advertising injury": (b) To any person or organization included as an insured under g. Broad Form Vendors below; or (c) To any person or organization included as an insured by an endorsement issued by us and made a part of this Coverage Part. (2) When an engineer, architect or surveyor becomes an insured under this Coverage Part, the following additional exclusion applies: (a) "Bodily injury', "property damage", "personal and advertising injury" arising out of the rendering of or the failure to render any professional services by or for you, including: (i) The preparing, approving, or failing to approve maps, drawings, opinions, reports, surveys, change orders, designs or specifications; and (ii) Supervisory, inspection, or engineering services. (3) When a lessor of leased equipment becomes an insured under this Coverage Part, the following additional exclusions apply: (a) To any "occurrence' which takes place after the equipment lease expires; or (b) To "bodily injury' or "property damage" arising out of the sole negligence of the lessor. (4) When owners or other interests from whom land has been leased become an insured under this Coverage Part, the following additional exclusions apply: (a) Any "occurrence" which takes place after you cease to lease that land; or (b) Structural alterations, new construction or demolition operations performed by or on behalf of the owners or other interests from whom land has been leased. g. Broad Form Vendors - Any person or organization with whom you agreed, because of a written contract or agreement to provide insurance, but only with respect to "bodily injury" or "property damage" arising out of "your products" which are distributed or sold in the regular course of the vendor's business, subject to the following additional exclusions. (1) PI-GLD-VS (05/17) Page 4 of 9 Includes copyrighted material of Insurance Services Office, Inc., with its pei 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, unless unpacked solely for the purpose of inspection, demonstration, testing or substitution of parts under instructions from the manufacturer, and then repackaged in the original container; Risk Management D[uiskm REVIEWED&APPR� BY: d Z tlf�! FU4M4 V:I Aa ®'. _ Ruk Management Analyst Philadelphia Indemnity Insurance Company PI-GLD-VS (05/17) (a) Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; (f) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with sale of the product; (g) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor. (2) This provision does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. (3) This provision does not apply to any vendor included as an insured by an endorsement issued by us and made a part of this Coverage Part. (4) This provision does not apply if "bodily injury" or "property damage" included within the "products -completed operations hazard" is excluded either by the provisions of the Coverage Part or by endorsement. H. Per Campus —General Aggregate SECTION III — LIMITS OF INSURANCE is amended to include the following provisions: 1. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under SECTION I — COVERAGE, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, and for all medical expenses caused by accidents under SECTION I — COVERAGE, COVERAGE C MEDICAL PAYMENTS which can be attributed only to operations at a single designated "campus" shown in the Declarations: a. A separate Per Campus General Aggregate Limit is applicable to each single designated "campus" shown in the Declarations and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. b. The Per Campus General Aggregate Limit is the most we will pay for the sum of all damages under COVERAGE A, except damages because of "bodily injury" or "property damage" included in the "products -completed operations hazard," and for medical expenses under COVERAGE C regardless of the number of: (1) Insureds; (2) Claims made or "suits" brought; or (3) Persons or organizations making claims or bringing "suits." c. Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the Per Campus General Aggregate Limit for that designated "campus." Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Per Campus General Aggregate Limit for any other designated "campus" shown in the Declarations. d. The limits shown in the Declarations for Each Occurrence, Fire Damage and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Per Campus General Aggregate Limit. PI-GLD-VS (05117) Risk ot� Page 5 of 9 >trm w &nv �sr. Includes copyrighted material of Insurance Services Office, Inc., with its pe Ruk Managem nt Malysl PI-GLD-VS (05/17) Page 6 of 9 Includes copyrighted material of Insurance Services Office, Inc., with its pei Philadelphia Indemnity Insurance Company PI-GLD-VS (05/17) 2. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under SECTION I — COVERAGE, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABIITY, and for all medical expenses caused by accidents under SECTION I — COVERAGE, COVERAGE C MEDICAL PAYMENTS which cannot be attributed only to operations at a single designated "campus" shown in the Declarations: a. Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products -Completed Operations Aggregate Limit, whichever is applicable; and b. Such payments shall not reduce any separate designated "campus" General Aggregate Limit. 3. When coverage for liability arising out of the "products -completed operations hazard" is provided, any payment for damages because of "bodily injury' or "property damage" included in the "products -completed operations hazard" will reduce the Products -Completed Operations Aggregate Limit, and not reduce the General Aggregate Limit nor the Per Campus General Aggregate Limit. 4. SECTION V —DEFINITIONS is amended by adding the following: "Campus" is defined as premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right-of-way of a railroad. 5. The provisions of SECTION III — LIMITS OF INSURANCE not otherwise modified by the above shall continue to apply as stipulated. I. Duties in the Event of Occurrence. Claim or Suit 1. The requirement in Paragraph 2.a. of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS that you must see to it that we are notified as soon as practicable of an "occurrence" or an offense, applies only when the "occurrence" or offense is known to: a. You, if you are an individual; b. A partner, if you are a partnership; or c. An executive officer or insurance manager, if you are a corporation. 2. The requirement in Paragraph 2.b. of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS that you must see to it that we receive notice of a claim or "suit" as soon as practicable will not be considered breached unless the breach occurs after such claim or "suit" is known to: a. You, if you are an individual; b. A partner, if you are a partnership; or c. An executive officer or insurance manager, if you are a corporation. J. Other Insurance — Primary Additional Insured 1. If the written contract or agreement or permit requires this insurance to be primary for any person or organization with whom you agree to include in SECTION 11- WHO IS AN INSURED, then SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, Subsection 4.Other Insurance is replaced by the following: If other valid and collectible insurance is available for a loss we cover under COVERAGE A of this Coverage Part, our obligations are limited as follows: a. Primary Insurance - This insurance is primary. We will not seek contributions from other Riak MasugzmentDivislmt L, REOEWM&Al Rovm BY. F4MI�:14 2. VS.. Al ®' Risk Management Analyst Philadelphia Indemnity Insurance Company PI-GLD-VS (05117) insurance available to the person or organization with whom you agree to include in SECTION II - WHO IS AN INSURED, except when 2. below applies. b. Excess Insurance -This insurance is excess over any of the other insurance whether primary, excess, contingent or any other basis: (1) That is Fire, Extended Coverage, Builder's Risk, Installation Risk or similar coverage for .your work"; (2) That is Fire, lightning or explosion insurance for premises rented to you; or temporarily occupied by you with permission of the owner; or (3) If the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to the extent not subject to SECTION I — COVERAGE, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Subsection 2. Exclusions, Paragraph g. When this insurance is excess, we will have no duty under Coverages A or B to defend any claim or "suit" that any other insurer has a duty to defend. If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (1) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (2) The total of all deductible and self -insured amounts under all other insurance. We will share the remaining loss, if any, with any other insurance that is not described in this excess insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. c. Method of Sharing - If all the other insurance permits contribution by equal shares, we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any or the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's contribution is based on the ratio of its applicable limits of insurance of all insurers. 2. This provision only applies with respect to your operations, "your work" or facilities owned or used by you. K. Other Insurance — You Are An Additional Insured On Another Person's Or Organization's Policy If you are an insured under SECTION 11- WHO IS AN INSURED, then SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, Subsection 4.OTHER INSURANCE, Paragraph b. Excess Insurance is replaced by the following: This insurance is excess over any other insurance, whether primary, excess, contingent or on any other basis: 1. That is Fire, Extended Coverage, Builders Risk, Installation Risk or similar coverage for "your work"; 2. That is Fire, lightning or explosion insurance for premises rented to you or temporarily occupied by you with permission of the owner; PI-GLD-VS (05/17) Risk Man90nentDtMlnn Page 7 of 9 rsenEuvEn&Mraov®er Includes copyrighted material of Insurance Services Office, Inc., with its pei Qik Fu.;,4 P, v,•((,,".4 Risk Management Analyst Philadelphia Indemnity Insurance Company PI-GLD-VS (05/17) 3. If the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to the extent not subject to SECTION I — COVERAGE, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Subsection 2. Exclusions, Paragraph g.; or 4. When any of the Named Insureds, under this Coverage Part, are additional insureds under a commercial general liability policy or similar insurance of another party. When this insurance is excess, we will have no duty under Coverages A or B to defend any claim or "suit" that any other insurer has a duty to defend. If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insureds. When this insurance is excess or other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: 1. The total amount that all such other insurance would pay for the loss in the absence of this insurance; and 2. The total of all deductible and self -insured amounts under all that other insurance. We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. L. Unintentional Failure To Disclose Hazards 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. M. Liberalization 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. N. Bodily Iniury • Mental Anguish SECTION V — DEFINITIONS, Paragraph 3. is changed to read: "Bodily Injury": a. Means 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. O. Personal and Advertising Iniury — 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 revised to read: b. Malicious prosecution or abuse of process: 2. SECTION V — DEFINITIONS, Paragraph 14. is amended to include the following: PI-GLD-VS (05/17) Page 8 of 9�``mow Includes copyrighted material of Insurance Services Office, Inc., with its pe `!► 8nu;1 F",.cCr.a k. VjU.1 ®R Risk Management Malys[ Philadelphia Indemnity Insurance Company PI-GLD-VS (05/17) "Personal Injury" also means 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; or 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; or 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 policy, legislation, court decision or administrative ruling. The above does not apply to fines or penalties imposed because of discrimination. P. Transfer of Rights of Recovery Against Others To Us As a clarification, the following is added to SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, Subsection 8. Transfer of Rights of Recovery Against Others To Us: Therefore, the 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. Q. Science Laboratory "Occurrence' SECTION I — COVERAGE, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Subsection 2. Exclusions, Paragraph f. does not apply to any "bodily injury" or "physical damage" arising out of a fire or "occurrence" in any of your science laboratories while teaching is being conducted in that laboratory, subject to a $50,000 per policy limit. R. Medical Incident Liability -Nurse and Athletic Trainer 1. SECTION II — WHO IS AN INSURED, Subparagraph 2.a. (1) (d) is deleted and replaced by the following: (d) Arising out of his or her providing or failing to provide professional medical services. This paragraph does not apply to a registered or practical nurse or athletic trainer, while acting within the scope of his or her duties for the Named Insured and arising out of a "medical incident'. 2. SECTION V —DEFINITIONS, 13. is deleted and replaced by the following: "Occurrence" means an accident, including continuous or repeated exposure to substantially the same general harmful conditions, and "medical incident'. 3. The following definition is added to SECTION V — DEFINITIONS: "Medical Incident" means any act or omission in the furnishing or failure to furnish professional medical services by the insured or any person acting under the personal direction, control, or supervision of the insured. Any such act or omission together with all related acts or omissions in the furnishing of such services to any one person shall be considered one "medical incident". "Medical incident" does not include any actual, alleged or threatened emotional, physical, or sexual abuse of any patient or professional medical services recipient. 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