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HomeMy WebLinkAboutPATROL SOLUTIONS, LLC (4)INSURANCE ON FILE WORK MAY PROCEED UNTIL INSURANCE EXPIRES 1i 1231Sza CITY CLE DATE: R 3 0 2024 D'. PAP-fSAC ti FIRST ui A-2024-048 THIS FIRST AMENDMENT to the above -referenced agreement is entered into on April 16, 2024, by and between Patrol Solutions, LLC, a California limited liability company ("Contractor"), 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 ("City"). RECITALS A. Following Request for Proposal ("RFP") No. 21-139, the parties entered into Agreement No. A-2022-047 ("Agreement") dated April 5, 2022, to retain a qualified contractor to provide security services for various events for the City's Parks, Recreation, and Community Services Agency. B. The Agreement is in full force and effect through March 31, 2025. C. The parties now wish to amend the Agreement to remove the annual compensation language in favor of a total Agreement amount and provide an updated rate sheet. The Parties therefore agree: 1. Section 2.a., Compensation, is hereby amended to read in its entirety: City neither warrants nor guarantees any minimum compensation to Contractor under this Agreement. Contractor shall be paid only for actual services performed under this Agreement at the rates and charges identified in Exhibit B-1, attached hereto and incorporated by reference. The total compensation for services provided under RFP 21-139 shall not exceed Four Hundred, Fifty Thousand Dollars and Zero Cents ($450,000). 2. Except as modified by this First Amendment, all terms and conditions of the Agreement shall remain in full force and effect. [signature page follows] Page 1 of 2 SIGNATURE PAGE FOR FIRST AMENDMENT TO AGREEMENT WITH PATROL SOLUTIONS, LLC, TO PROVIDE SECURITY SERVICES TO THE CITY OF SANTA ANA IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Agreement on the date and year first written above, 4t�t� L�•i ennifer L all Cit C k Alvaro Nunez Acting City Manager APPROVED AS TO FORM SONIA R. CARVALHO, City Attorney By: Br n Salvatierra Deputy City Attorney RECOMMENDED FOR APPROVAL )�s4hq^ Hawk Scott (Apr 17, 202410:53 PDT) Hawk Scott Executive Director Parks, Recreation and Community Services Agency CONTRACTOR Cad Cw 9 am(Ma122, 202415:41 MDT) Name: Title: Page 2 of 2 EXHIBIT B-1 Security Rate: Standard Events (under 5,000): Security Guard (Per Hour): $30.69 Security Guard OT (Per Hour): $46.04 Security Guard Holiday (Per Hour): $46.04 Security Supervisor (Per Hour): $33.97 Security Supervisor OT (Per Hour): $50.95 Security Supervisor Holiday (Per Hour): $50.95 Premium Events (5,000+ people): Security Guard (Per Hour): $33.76 Security Guard OT (Per Hour): $50.65 Security Guard Holiday (Per Hour): $50,65 Security Supervisor (Per Hour): $37.37 Security Supervisor OT (Per Hour): $56.05 Security Supervisor Holiday (Per Hour): $56.05 4`o�i2o® CERTIFICATE OF LIABILITY INSURANCE DATE(MMI024YY) 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 hisyc�ert111 does not confer rights to the :e f e s D'1Hi esyrance Brokers 18 Gat y Drive, #330 Acevedo San Mateo CA 94404 Date: 2024.0 FA% PHONE t, 650-842-5200 ac No:650-842-5201 E-MAIL RS AFFORDING COVERAGE NAICM AcevedoINSURED INSURER A: Philadelphia IndemnityInsurance Company 18058 _ I nse :0564249 — KLINKEH-01 Klinton Kehoe dba Patrol Solutions INSURERS: Service American Indemni Company 39152 1624 Santa Clara Dr, Suite 240 INSURER C: INSURER D: Roseville CA 95661 INSURER E : INSURERF: COVERAGES CERTIFICATE NUMBER: 382535167 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IN LTR TYPE OF INSURANCE AOOLSUBR POLICY NUMBER MMID YEFF MMIDDYfYEYXYPY LIMITS A X COMMERCIAL GENERALLIABILITY CLAIMS -MADE a OCCUR Y Y PHPK2628013 11/23/2023 11/23/2024 EACHOCCURRENCE $1,000,000 R NTED PREMISES Ea eccunenca 8100,000 X MED UP (Any one person)t $ 5,000 5,000 PERSONAL&ADV INJURY $1,000,000 AGGREGATE LIMIT APPLIES PER, IRG- POLICY ❑ PRO- C LOC GENERAL AGGREGATE $3,000,000 GEN'L X PRODUCTS-COMP/OP AGG $3,000,000 _ _ $ OTHER A AUTOMOBILE LIABILITY PHPK2628013 11/23/2023 11/232024 COMBINED SINGLE LIMIT Ea accident $1,000,000 BODILY INJURY (Per person) $ ANYAUTO IX OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident)$ X HIRED X NON -OWNED AUTOS ONLY AUTOS ONLY PROPERTY -DAMAGE Per accident $ A UMBRELLALIAS X OCCUR PHUBB90716 11/23/2023 11/23/2024 EACH OCCURRENCE $5,000,000 X EI[CESS LIAS CLAIMS -MADE AGGREGATE $5,000,000 DED I X I RETENTION$ $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANYPOFFICEWMEMBEREXCLUDEDI ROPRIETOWPARTNERIEXECUTIVE YIN NIA SATIS0525401 11/23/2023 11/232024 X STATUTE ER E.L. EACH ACCIDENT $1,000.000 E.L. DISEASE - EA EMPLOYEE $1,000,000 (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $1,000,000 A A Sexual Physical Abuse Professional Liability PHPK2628013 PHPK2628013 11/23/2023 11/23/2023 11/23/2024 11/23/2024 Each OcGAggregate Each 0.SIM/Agg 1,000,000 3.000,000 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more apace le required) Re: As Per Contract or Agreement on File with Insured. City of Santa Ana, its officers, officials, employees and volunteers are included as an additional insured (primary and non-contributory) on General Liability policy per the attached endorsements, if required. The completed operations endorsement has been requested on General Liability policy from the insurance company and if approved will be forwarded when received. The Excess Liability policy follows form the General Liability and Professional Liability policies. Waiver of Subrogation is included on General Liability policy per the attached endorsement, if required. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PRC City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92702 ©1988-2015 ACORD ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD n I Risk MvugementDMIsion Renev� & APPRw® BY: ® Rqk Management SpeONsr -i POLICY NUMBER: PHPK2628013 PI-GLD-SG (10/13) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. GENERAL LIABILITY DELUXE ENDORSEMENT: SECURITY SERVICES This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART It is understood and agreed that the following extensions only apply in the event that no other specific coverage for these extensions are 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 $1,000,000 2 Watercraft Used in Security Services only 2 Medical Payments $20,000 2 Medical Payments — Extended Reporting Period 3 years 2 Supplementary Payments — Bail Bonds $2,500 3 Supplementary Payments — Loss of Earnings $500 per day 3 Employee Indemnification Defense Coverage for Employees $15,000 3 Additional Insured — Broadened Named Insured Included 3 Additional Insured — Managers and Supervisors Included 3 Additional Insured — Managers, Landlords, or Lessors of Premises Included 3 Additional Insured— Lessors of Leased Equipment — Automatic Status When Required in Lease Agreement With You Included 4 Additional Insured — Grantors of Permits Included 4 Additional Insured — Blanket Additional Insureds by Contract Included 4 Limited Rental Lease Agreement Contractual Liability $50,000 5 Transfer of Rights of Recovery Against Others To Us Clarification 5 Duties in the Event of Occurrence, Offense, Claim or Suit Included 5 Unintentional Failure to Disclose Hazards Included 6 Liberalization Included 6 Bodily Injury — Mental Anguish Included 6 Assault and Battery Coverage with Extended Property Damage Included 6 Errors and Omissions Coverage Included 7 Incidental Medical Malpractice Included 9 Page 1 of 10 © 2013 Philadelphia Indemnity Insurance Company Includes copyrighted material of Insurance Services Office, Inc., with its p ., Rick Moog wdDlwim q RwE & APPRo Sr. ® Ayu A,4� - V Risk MenagementlpenAiist Page 2 of 10 © 2013 Philadelphia Indemnity Insurance Company Includes copyrighted material of Insurance Services Office, Inc., with its p PI-GLD-SG (10/13) 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.; and 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 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. $1,000,000; 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. Watercraft SECTION I — COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Subsection 2. Exclusions, Paragraph g. Aircraft, Auto Or Watercraft does not apply to security services performed on or about watercraft. C. Medical Payments — Limit Increased, 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 Medical Expense Limit shown in the Declarations of this Coverage Part. 2. Under SECTION I —COVERAGES, COVERAGE C MEDICAL PAYMENTS, Subsection 1 Insuring Agreement, Paragraph a., Item (b) is amended to read: provided that: (b) The expenses are incurred and reported to us within three years of the date of the accident; and RldeMvuguwdDtwim Rent & APPa W Bv: �Rlsk Managemen55�enali ct PI-GLD-SG (10113) D. Supplementary Payments In the SUPPLEMENTARY PAYMENTS — COVERAGES A AND B provision, Items 1.b. and 1.d. 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. Employee Indemnification Defense Coverage In the SUPPLEMENTARY PAYMENTS — COVERAGES A AND B provision, the following is added: 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 $15,000 regardless of the numbers of "employees," claims or "suits' brought or persons or organizations making claims or bringing "suits." F. Who is an Insured 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. 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. 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. 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 of that person or organization. Page 3 of 10 © 2013 Philadelphia Indemnity Insurance Company Includes copyrighted material of Insurance Services Office, Inc., with its p Pilk Morgemer& onibm A. Rwn &Av m8y: fib Aue'4lo �Fisk Aianagement $pecizlist Page 4 of 10 © 2013 Philadelphia Indemnity Insurance Company Includes copyrighted material of Insurance Services Office, Inc., with its p PI-GLD-SG (10/13) d. Lessors 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 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 afforded to these additional insureds, this insurance does not apply to any "occurrence" which takes place after the equipment lease expires. e. 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: (a) The existence, 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 exposures; (b) The construction, erection, or removal of elevators; or (c) The ownership, maintenance, or use of any elevators covered by this insurance. f. Blanket Additional Insureds by Contract — Any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy. Such person or organization is an additional insured only with respect to liability for "bodily injury," "property damage" or "personal and advertising injury" caused, in whole or in part, by: (1) Your acts or omissions; or (2) The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured. A person's or organization's status as an additional insured under this endorsement ends when your operations for that additional insured are completed. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to: (1) "Bodily injury," "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: �„�we..o ;e PJekMvmganmt➢hviun 9 � ,t � RenEwm S ArawAwA®ar. - ,5 �� RM�II[K'4te Z� R,sk M,1Mgemrnt SpenXi51 PI-GLD-SG (10113) (a) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (b) Supervisory, inspection, architectural or engineering activities. (2) "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 subcontractor engaged in performing operations for a principal as a part of the same project. G. Limited Rental Lease Agreement Contractual Liability The following is added to SECTION I — COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Subsection 2. Exclusions, Paragraph b. Contractual Liability: (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 to rental lease agreements. This coverage is excess over any renter's liability insurance of the client. H. Transfer of Rights of Recovery Against Others To Us As a clarification, the following is added to SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, Paragraph 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. I. Duties in the Event of Occurrence, Offense, Claim or Suit 1. When you report an "occurrence" (coverage for which is provided by this policy) to your compensation insurance carrier, and this "occurrence" later develops into a liability claim, failure to report such "occurrence" to us at the time of such "occurrence" shall not be deemed in violation of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, Paragraph 2. Duties in the Event of Occurrence, Offense, Claim or Suit. 2. This is upon the distinct understanding and agreement however, that you, the insured, as soon as made aware that this particular "occurrence" is a liability case, rather than a compensation case shall give us notification immediately. The requirement in Condition 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 K- - — Page 5 of 10 © 2013 Philadelphia Indemnity Insurance Company Includes copyrighted material of Insurance Services Office, Inc., with its p Risk MmVwe tDiwiun RwE 6/Nv wSr. ® Risk Aianagemen[Spenzl�at PI-GLD-SG (10/13) 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. 3. The requirement in Condition 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. Unintentional Failure To Disclose Hazards It is agreed that, based on our reliance upon 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. K. 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. L. Bodily Injury — 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. M. Assault and Battery with 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: Page 6 of 10 © 2013 Philadelphia Indemnity Insurance Company Includes copyrighted material of Insurance Services Office, Inc., with its p •� a RA Mvrgnnmt Dtwim R�E 6Aa a)By: A+.0 Au.wla Rok Management SpenAw PI-GLD-SG (10/13) (1) 'Bodily injury' or "property damage" resulting from the use of physical force to protect persons or property; or (2) Allegations of vicarious liability on the part of a Named Insured arising solely from the acts of your "employees." However, acts of your "employees" shall not include theft. N. Errors and Omissions Coverage 1. SECTION I —COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY is amended by adding the following: ERRORS AND OMISSIONS This insurance applies to negligent acts, errors or omissions committed by you relating to your services described in the Declarations. 2. SECTION I —COVERAGES, COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY is amended by adding the following: �:7:Zelby 1�I�ZeIi•16�9FI� The insurance that applies to "personal injury" includes negligent acts, errors or omissions committed by you relating to your services described in the Declarations. 3. SECTION 1— COVERAGES is amended by adding the following: COVERAGE D — ERRORS AND OMISSIONS LIABILITY a. Insuring Agreement (1) We will pay those sums that the insured becomes legally obligated to pay as damages because of errors or omissions committed by you relating to your services described in the Declarations. However, we will have no duty to defend the insured against any "suit" seeking damages for errors or omissions committed by the insured to which the insurance does not apply. We will have the right and duty to defend any "suit' seeking those damages. We may, at our discretion, investigate any claim or "suit' that may result. But: (a) The amount we will pay for damages is limited as described in SECTION III — LIMITS OF INSURANCE; and (b) Our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A, B, or D, or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under SUPPLEMENTARY PAYMENTS — COVERAGES A, B, AND D. (2) This insurance applies only if the error or omission occurs during the policy period. b. Exclusions This insurance does not apply to: Page 7 of 10 © 2013 Philadelphia Indemnity Insurance Company Includes copyrighted material of Insurance Services Office, Inc., with its p wAvmwgune„eDW(a Ren m&Aw mBr: � A+.y:� fleevrfo �� Rsie Management Spenzlis! PI-GLD-SG (10/13) (1) "Bodily injury" or "property damage'; (2) "Personal and advertising injury'; (3) Intentional injury, nor injury arising out of willful violation of a penal statute or ordinance, committed by or with the knowledge or consent of the insured; (4) Any claim seeking relief or redress in any form other than monetary damages; (5) Any claim arising out of any insured's activities, or as a fiduciary, under the Employment Retirement Income Security Act of 1974, any amendments or any regulation or order issued thereto; (6) Any claim arising from warranties or guarantees made by any insured; (7) Liability assumed by the insured under any contract or agreement. This exclusion does not apply to liability for damages: (a) That the insured would have in the absence of the contract or agreement; or (b) Assumed in a contract or agreement that is an insured contract; (8) Liability arising from any fraudulent, dishonest, or criminal act of any insured; (9) Liability arising from a claim made by a parent or subsidiary organization of the insured or another subsidiary organization of such parent or other subsidiary, nor any officer, director or "employee" of any of the above; and (10) Any claim alleging, arising out of, resulting from, based upon or in consequence of, directly or indirectly, any employment practices or any discrimination against any person or entity on any basis; additionally, any actual or alleged violation of the Fair Labor Standards Act or any similar law or regulation applicable to the payment of wages or overtime. (11) Liability arising directly or indirectly out of any action, error or omission that violates or is alleged to violate: (a) The Telephone Consumer Protection Act (TCPA), including any amendment of or addition to such law; (b) The CAN-SPAM Act of 2003, including any amendment of or addition to such law; (c) The Fair Credit Reporting Act (FCRA), and any amendment of or addition to such law, including the Fair and Accurate Credit Transactions Act (FACTA); or (d) Any federal, state or local statute, ordinance or regulation, other than the TCPA, CAN-SPAM Act of 2003 or FCRA and their amendments and additions, that addresses, prohibits, or limits the printing, dissemination, disposal, collecting, recording, sending, transmitting, communicating or distribution of material or information. SUPPLEMENTARY PAYMENTS— COVERAGES A AND B is amended to read SUPPLEMENTARY PAYMENTS — COVERAGES A, B, AND D Page 8 of 10 © 2013 Philadelphia Indemnity Insurance Company Includes copyrighted material of Insurance Services Office, Inc., with its p =ns. RAMougemmt Diuninn Ren 6 Aw m By. A.-p Au.a. V Risk Management SpeaAist PI-GLD-SG (10/13) d. SECTION III — LIMITS OF INSURANCE is amended as follows: (1) Item 2. is replaced by the following: 2. The General Aggregate Limit is the most we will pay for the sum of: a. Medical expenses under Coverage C; b. Damages under Coverage A, except damages because of "bodily injury" or "property damage" included in the "products -completed operations hazard"; c. Damages under Coverage B; and d. Damages under Coverage D. (2) Item 5, is replaced by the following: 5. Subject to 2. or 3. above, whichever applies, the Each Occurrence Limit is the most we will pay for the sum of: a. Damages under Coverage A; and b. Medical expenses under Coverage C, because of all "bodily injury" and "property damage' arising out of any one "occurrence"; and c. Damages under Coverage D. e. SECTION IV— COMMERCIAL GENERAL LIABILITY CONDITIONS, Paragraph 4. Other Insurance is amended as follows: (1) The first paragraph is replaced by the following: If other valid and collectible insurance is available to the insured for a loss we cover under Coverages A, B, or D of this Coverage Part, our obligations are limited as follows: (2) Paragraph b. Excess Insurance, Item (2) is replaced by the following: When this insurance is excess, we will have no duty under Coverages A, B, or D to defend the insured against any claim or "suit" if any other insurer has a duty to defend the insured against that claim or "suit." If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. O. Incidental Medical Malpractice We will pay for injury arising out of the rendering of or failure to render the following treatment or services by an "employee" for an accident occurring during the policy period: 1. First aid treatment including cardiopulmonary resuscitation (CPR); and Page 9 of 10 © 2013 Philadelphia Indemnity Insurance Company Includes copyrighted material of Insurance Services Office, Inc., with its p 4s�<'� q' -.. �dtMoga�tona�n R�EwmSAwrsov®Br. �l Risk Cianagement Spenrlist or PI-GLD-SG (10/13) 2. Medical, surgical, dental, x-ray, or nursing service or treatment, or the furnishing of food or beverages in connection therewith; and the furnishing or dispensing of drugs, or medical, dental, or surgical supplies or appliances. However, this coverage does not apply to any insured or to any entity engaged in the business or occupation of providing the services or treatments described in 1. and 2. above. Page 10 of 10 © 2013 Philadelphia Indemnity Insurance Company Includes copyrighted material of Insurance Services Office, Inc., with its p s� < RAMu*gvmr&DM on g "g RenEwm 6 Araaov®Rr. A.,p A ® Risk Mwagement SperiAilt POLICY NUMBER: PHPK2628013 PI-GL-005 (07/12) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED PRIMARY AND NON-CONTRIBUTORY INSURANCE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Effective Date: 11/23/2023 Name of Person or Organization (Additional Insured): As required by written contract 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 performance 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 resulting 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. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc., with its p % oi_,„=1_,,e Rid�MvmgernadDlWlun R�Evum6Apppw®ar: A+.fr:eAuvsdo �.� Risk RAanagemen[SpeaAist