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HomeMy WebLinkAboutLIEBERT CASSIDY WHITMORE (5) INSURANICE NOT REQUIRED N-202fi-012 WORK MAY PROCEED 4 CITY CLERK SA37(1 GATE. ]AN 2 6 2026 AGREEMENT FOR SPECIAL SERVICES ° �tz(M 7v lip,H 0 qn j {Dz) This Agreement is entered into between the City of Santa Ana,A Municipal Corporation,hereinafter A referred to as "Consortium Member,"and the law firm of LiEBERT CASSIDY WIRTMORE,A Professional Corporation,hereinafter referred to as "LCW"for the below described special services("Agreement"), Consortium Member and LCW may be referred to herein individually as"Party"or collectively as"Parties." WHEREAS Consortium Member has the need to secure expert training and consulting services to assist Consortium Member in its workforce management and employee relations;and WHEREAS LCW is specially experienced and qualified to perform the special services desired by the Consortium Member and is willing to perform such services; NOW,THEREFORE,Consortium Member and LCW agree as follows: 1. Term &Termination: This Agreement is effective January 1,2026 and shall remain in effect until terminated by either Party. Either Party may terminate this agreement by providing thirty(30)days written notice to the other Party using the contact information in the signature blocks. Upon receipt of such notice,the Agreement shall be considered terminated as of the end of the then-current contract year(i.e.,the consortium's fiscal year or calendar year,as applicable). 2. LCW's Services: Each membership year,LCW will provide Orange County consortium membership,which includes the following Services,including the Materials as defined below,to Consortium Member(and the other consortium members)in exchange for payment in full of the Fee defined below: A. Six(6)days of group training workshops covering various trainings applicable to Consortium Member, with the specific subjects covered and lengths of individual workshop presentations to be determined by Consortium Member and the other members of the consortium. B. Availability of LCW attorney for Consortium Member to consult by telephone. Consortium calls cover questions that the attorney can answer quickly with little research. They do not include the review of documents, in depth research,written responses(like an opinion letter)or advice on on-going legal matters. The caller will be informed if the question exceeds the scope of consortium calls. Should the caller request, the attorney can assist on items that fall outside the service,but these matters will be billed at the attorney's hourly rate. (See Additional Services section.) C. Providing of a monthly newsletter covering employment relations developments. 3. Fee: For the above services,the Consortium Member owes$4,025.00,(Four Thousand Twenty Five Dollars), ("Fee"). The Fee will cover the above Services,including related development and distribution of written materials provided to attendees at the training programs(also"Materials"). LCW reviews its consortium rates on an annual basis. LCW will provide Consortium Member with written notification of any adjustments in the rates and Consortium Member agrees to pay such adjusted rates or notify LCW of its intent to cancel its membership. SA370 4. Additional Services: LCW shall,as and when requested by Consortium Member,make itself available to Consortium Member to provide representational, litigation,and other services that are not included within the Services or Materials described herein("Additional Services").The Consortium Member will be billed for the actual time such Additional Services are rendered,including reasonable travel time,plus any necessary and reasonable costs and expenses. The range of hourly rates for attorney time is from Two Hundred Ninety-Five to Four Hundred Eighty-Five Dollars($295.00-$495.00)per hour for attorney staff,Three Hundred Fifteen Dollars($315.00)per hour for Labor Relations/HR Consultant and from One Hundred Sixty-Five to Two Hundred Dollars($165.00-$200.00)per hour for services provided by paraprofessional and litigation support staff. Attorneys,paraprofessional and litigation support staff bill their time in minimum units of one-tenth of an hour. LCW reviews its hourly rates on an annual basis and if appropriate in its discretion,adjusts them effective July 1.LCW will provide the Consortium Member with written notification of any adjustments in the ranges of hourly rates. 5. Ownership&Use of Materials: LCW shall have and retain ownership of all intellectual property rights,including patent rights,copyrights, moral rights,trademark rights,trade name rights,service mark rights,trade dress rights,trade secret rights, proprietary rights,privacy rights,and publicity rights,whether or not those rights have been filed,registered or applied for under any statute or are protected or protectable under applicable law existing at the time the Parties enter into this Agreement with regard to the Materials("Intellectual Property Rights").LCW will retain ownership of its Intellectual Property Rights. Consortium Member understands that the Material used during these presentations,including written handouts and projected power points are provided solely for the contracted workshops. Consortium Member warrants there will be no future use of LCW Material in other trainings without the expressed written permission of LCW. To the fullest extent permitted by law,Consortium Member hereby waives and release LCW,and each of their officers and employees("Released Party(ies)")from any and all claims, demands,damages,or liabilities,including,but not limited to,those for the ordinary negligence of a Released Party, claims for bodily injury,personal injury or illness,emotional distress,property damage,wrongful death, consequential damages,economic damages,infringement,and attorney's fees and costs("Claims"or"Claim"), which arise from or relate to Consortium Member's unauthorized use of or modification of Material or breach of this Agreement. This release does not apply to a Released Party to the extent a Claim is caused by the willful misconduct or gross negligence of that Released Party, 6. No Representation or Warranty. LCW does not make any specific promise,representation or warranty regarding the Materials. LCW is not responsible for updating the Materials and,as time passes,the Materials may become outdated or contrary to applicable laws. LCW does not guarantee that the Materials will meet the needs of the Consortium Member or achieve certain results. LCW provides the Materials"AS IS"and without any warranty of any kind and any use by Consortium Member is at their own risk. LCW expressly disclaims any and all warranties,including the implied warranty of merchantability,fitness for a particular purpose and non-infringement to the fullest extent permitted by law. To the fullest extent permitted by law,Consortium Member releases LCW from Claims arising from their use or modification of the Materials, 7. Professional Liability Insurance. The California Business&Professions Code requires an attorney to inform a client whetber the attorney maintains errors and omissions insurance coverage applicable to the Services. LCW confirms that LCW maintains such insurance coverage. S. Artificial Intelligence Attorney policy permits attorneys to utilize generative artificial intelligence("Al")tools,e.g.Lexis+AI,in the performance of their work,but only in compliance with the firm's Use of Artificial Intelligence Tools policy, Attorneys may use Al tools to assist in researching and preparing initial drafts.Attorneys may not use Al work SA370 product without applying their own independent legal judgment.They may not disclose confidential information to unsecure Al tools,and carefully check all AI-generated results for both accuracy and bias. 9. Disputes. If a dispute between Consortium Member and LCW arises over fees charged for services,the controversy will be submitted to binding arbitration in accordance with the rules of the California State Bar Fee Arbitration Program,set forth in California Business and Professions Code,sections 6200 through 6206. The arbitrator or arbitration panel shall have the authority to award to the prevailing party attorneys'fees,costs and interest incurred in such arbitration. Any arbitration award may be served by mail upon either side and personal service shall not be required. If a dispute arises between Consortium Member and LCW over any other aspect of the attorney-client relationship,including,without limitation,a claim for breach of professional duty,that dispute will also be resolved by arbitration. Both Parties to this agreement,by entering into it,are giving up their constitutional right to have any such dispute decided in a court of law before a jury,and instead are accepting the use of arbitration. Each Party is to bear its own attorney's fees and costs. 10. file Retention. LCW will return Consortium Member provided documents upon request at the conclusion of Services. If Consortium Member does not request the return of such documentation,LCW will retain it for a period of seven(7) years after conclusion of the Services. If Consortium Member does not request delivery of such documentation before the end of the seven(7)year period,LCW will have no further obligation to retain the file and may,at LCWs' discretion,destroy it without further notice to Consortium Member. At any point during the seven(7)year period,Consortium Member may request delivery of the file. 11. Miscellaneous. It is understood and agreed that LCW is and shall remain an independent contractor under this Agreement. The Parties acknowledge that: (1)LCW is free from the control and direction of Consortium Member in connection with the performance of Services;(2)LCW performs Services outside the usual course of Consortium Member's business;and(3)LCW is customarily engaged in an independently established trade,occupation,or business of the same nature as the LCW performs for Consortium Member. This Agreement will be governed by and construed in accordance with the laws of the State of California,without regard to its conflict of law provisions. This Agreement,and any Exhibits,represents the entire and integrated contract between Consortium Member and LCW,and supersedes all prior representations,or agreements.If any provision of this Agreement is held by a court of competent jurisdiction to be invalid,void or unenforceable,the remaining valid provisions will nevertheless continue in full force and effect. No modification to any provision of this Agreement shall be effective unless approved in writing and signed by both Parties.The failure of a Party to enforce any of the provisions of this Agreement shall in no way be construed as a waiver of such provisions and shall not affect the right of either Party thereafter to enforce each and every provision herein. The signatory to this Agreement are authorized to execute this Agreement on behalf of and bind their respective Parties hereto.This Agreement may be executed in counterparts (including counterparts delivered by facsimile or other electronic means),which taken together will form one legal instrument. SA370 ACCEPTED AND AGREED on the date indicated below: LIEBERT CASSIDY WHITMORE CITY OF SANTA ANA A Professional Corporation A Municipal Corporation Attn:Melanie Chaney 6033 W. Century Blvd.,5th Floor Los Angeles,CA 90045 Email: mchaneyAlcwlep-al.com By: bM�ewr�W % ---- By: Melanie Chaney/Managing Partner Name: Alyziro Nunez Date: 12/24/2025 Title: C14 Manage,. Date: �i`t72 APPROVED AS TO FORM: Laura A.Rossini Chief Assistant City Attorney RECOMMENDED FOR APPROVAL: Lori Schnaider Executive Director of Human Resources Agency Jenne Mall City Cle LIEBERT CASSIDY WHITMORE 6033 WEST CENTURY BOULEVARD,.7TH FLooR Los ANGLLES,CALWORNIA 90045 T:310.981.2000 F:310.337.0837 INVOICE December 27,2025 Sofia Style Organizational Development and Training Manager City of Santa Ana 20 Civic Center Plaza Santa Ana,CA 92701 sstyle@santa-ana.org jhoang@santa-ana.org (SA370-10000) Invoice Number:312137 Orange County Consortium Membership:January 1,2026 through December 31,2026 ERC Membership $4,025.00 Liebert Library Subscription NIA Total $4,025.00 To learn more about the LiebertLibrary,visit www.liebertlibrany.com Los Angeles I San Francisco I Fresno I San Diego I Sacramento www.lcwlegal.com DATE(MM/DD/YYYY) A�" CERTIFICATE OF LIABILITY INSURANCE 3/30/2026 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 endorsement(s). PRODUCER CONTACT IMA, Inc. -Pasadena PHONE IMA Certs Team FAX 3475 E. Foothill Boulevard A/c No EXt: .JC,No: E-MSuite 100 ADDRESS: certificates@imacorp.com Pasadena CA 91107 INSURER(S)AFFORDING COVERAGE NAIC# License#:0008309 INSURERA: Hartford Casualty Insurance Company 29424 INSURED LIEBCAS-Cl INSURERB: Federal Insurance Company 20281 Liebert Cassidy Whitmore, A Professional Corporation INSURERC: QBE Insurance Corporation 39217 6033 W. Century Blvd 5th Floor Los Angeles CA 90045 INSURERD: QBE Specialty Insurance Company 11515 INSURER E: Harco National Insurance Company 26433 INSURER F: COVERAGES CERTIFICATE NUMBER:600526245 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER MM/DD MM/DD A X COMMERCIAL GENERAL LIABILITY Y Y 72SBABL8FM5 12/14/2025 12/14/2026 EACH OCCURRENCE $2,000,000 CLAIMS-MADE � OCCUR PREMISES DAMAGE TO PREMISES Ea occurrence) ccurrence $1,000,000 MED EXP(Any one person) $10,000 PERSONAL&ADV INJURY $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $4,000,000 POLICY D PRO JECT LOC PRODUCTS-COMP/OP AGG $4,000,000 OTHER: $ A AUTOMOBILE LIABILITY 72SBABL8FM5 12/14/2025 12/14/2026 COMBINED SINGLE LIMIT $2,000,000 Ea accident ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS X HIRED X NON-OWNED FIR ERTYDAMAGE $ AUTOS ONLY AUTOS ONLY Per accident A X UMBRELLA LIAB X OCCUR 72SBABL8FM5 12/14/2025 12/14/2026 EACH OCCURRENCE $4,000,000 EXCESS LAB CLAIMS-MADE AGGREGATE $4,000,000 DED X RETENTION$1 n nnn $ B WORKERS COMPENSATION Y 2771750595 4/1/2026 4/1/2027 X PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE FN] N/A E.L.EACH ACCIDENT $1,000,000 OFFICE R/M EMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 C Professional Liability LAW2163903 12/14/2025 12/14/2026 Each Claim/Aggregate: $10,000,000 D Cyber Liability CELP001193501377801 12/14/2025 12/14/2026 Each Occ/Aggregate: $3,000,000 E D&O PML000345401 12/14/2025 12/14/2026 Aggregate: $2,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) General Liability forms apply to Automobile as written on the policy. RE: Legal Services Agreement A-2021-138 Certificate Holder Includes: City of Santa Ana, its officers,officials,employees and agents Certificate Holder and all other parties required by the contract are included as Additional Insured on the General Liability Policy, if required by written contract or agreement,subject to the policy terms and conditions.This Insurance is Primary& Non-Contributory on the General Liability Policy, if required by written contract or agreement, subject to the policy terms and conditions.A Waiver of Subrogation is provided in favor of the Certificate Holder and all other parties required by the contract on the General Liability and Workers Compensation Policies, if required by written contract or agreement,subject to the policy terms and conditions. APPROVED CERTIFICATE HOLDER CANCELLATION By Tu Tran Nguyen at 10:47 am,Apr 30, 2026 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City Of Santa Ana ACCORDANCE WITH THE POLICY PROVISIONS. Risk Management Division 20 Civic Center Plaza AUTHORIZED REPRESENTATIVE Santa Ana CA 92702 USA ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD CALIFORNIA WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because California is shown in Item 3.A. of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule, where you are required by a written contract to obtain this waiver from us. You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. Schedule 1. (❑) Specific Waiver Name of person or organization BLANKET WAIVER-ANY PERSON OR ORGANIZATION FOR WHOM THE NAMED INSURED HAS AGREED BY WRITTEN CONTRACT TO FURNISH THIS WAIVER. (❑x) Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: ALL CALIFORNIA OPERATIONS 3. Premium: The premium charge for this endorsement shall be 1% percent of the California premium developed on payroll in connection with work performed for the above person(s) or organization(s) arising out of the operations described. 4. Minimum Premium: Authorized Representative This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 04-01-26 Policy No. 71750595 Endorsement No. Insured LIEBERT CASSIDY WHITMORE A PROFESSIONAL Premium $ Incl. Insurance Company Federal Insurance Company Countersigned By WC 90 03 75 (05/18) Insured Copy THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THE HARTFORD WAIVER OF SUBROGATION This endorsement modifies insurance provided under the following: BUSINESS LIABILITY COVERAGE FORM Except as otherwise stated in this endorsement,the terms and conditions of the Policy apply. The following is added to Section E. LIABILITY AND MEDICAL EXPENSES GENERAL CONDITIONS: We waive any right of recovery we may have against: a. Any person or organization shown in the Declarations, or b. Any person or organization with whom you have a contract that requires such waiver. Form SL 30 03 10 18 Page 1 of 1 ©2018, The Hartford (May include copyrighted material of Insurance Services Office, Inc., with its permission) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THE HARTFORD BLANKET ADDITIONAL INSURED BY CONTRACT This endorsement modifies insurance provided under the following: BUSINESS LIABILITY COVERAGE FORM Except as otherwise stated in this endorsement,the terms and conditions of the Policy apply. A. The following is added to Section C.WHO IS AN INSURED: Additional Insureds When Required By Written Contract,Written Agreement Or Permit The person(s) or organization(s) identified in Paragraphs a. through f. below are additional insureds when you have agreed, in a written contract or written agreement, or when required by a written permit issued by a state or governmental agency or subdivision or political subdivision that such person or organization be added as an additional insured on your Coverage Part, provided the injury or damage occurs subsequent to the execution of the contract or agreement, or the issuance of the permit. A person or organization is an additional insured under this provision only for that period of time required by the contract, agreement or permit. However, no such person or organization is an additional insured under this provision if such person or organization is included as an additional insured by any other endorsement issued by us and made a part of this Coverage Part. The insurance afforded to such additional insured will not be broader than that which you are required by the contract, agreement, or permit to provide for such additional insured. The insurance afforded to such additional insured only applies to the extent permitted by law. The limits of insurance that apply to additional insureds are described in Section D. LIABILITY AND MEDICAL EXPENSES LIMITS OF INSURANCE. How this insurance applies when other insurance is available to an additional insured is described in the Other Insurance Condition in Section E. LIABILITY AND MEDICAL EXPENSES GENERAL CONDITIONS. a. Vendors Any person(s) or organization(s) (referred to below as vendor), 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 and only if this Coverage Part provides coverage for "bodily injury" or "property damage" included within the "products-completed operations hazard". (1) The insurance afforded to the vendor is subject to the following additional exclusions: This insurance does not apply to: (a) "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; (b) Any express warranty unauthorized by you; (c) Any physical or chemical change in the product made intentionally by the vendor; (d) Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; (e) Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of 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 the sale of the product; Form SL 30 32 06 21 Page 1 of 3 ©2021, The Hartford (May include copyrighted material of Insurance Services Office, Inc., with its permission) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THE HARTFORD (g) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or (h) 'Bodily injury" or"property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (i) The exceptions contained in Paragraphs (d) or(f); or (ii) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. (2) This insurance does not apply to any insured person or organization from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. b. Lessors Of Equipment (1) Any person or organization from whom you lease equipment; but only with respect to their 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. (2) With respect to the insurance afforded to these additional insureds, this insurance does not apply to any "occurrence"which takes place after you cease to lease that equipment. c. Lessors Of Land Or Premises (1) Any person or organization from whom you lease land or premises, but only with respect to liability arising out of the ownership, maintenance or use of that part of the land or premises leased to you. (2) With respect to the insurance afforded to these additional insureds, this insurance does not apply to: (a) Any 'occurrence"which takes place after you cease to lease that land or be a tenant in that premises; or (b) Structural alterations, new construction or demolition operations performed by or on behalf of such person or organization. d. Architects, Engineers Or Surveyors (1) Any architect, engineer, or surveyor, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: (a) In connection with your premises; (b) In the performance of your ongoing operations performed by you or on your behalf; or (c) In connection with "your work" and included within the "products-completed operations hazard", but only if: (i) The written contract, written agreement or permit requires you to provide such coverage to such additional insured; and (ii) This Coverage Part provides coverage for"bodily injury" or"property damage" included within the "products-completed operations hazard". (2) With respect to the insurance afforded to these additional insureds, the following additional exclusion applies: This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of or the failure to render any professional services, including: (i) The preparing, approving, or failure to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders, designs or drawings and specifications; or (ii) Supervisory, surveying, inspection, architectural or engineering activities. This exclusion applies even if the claims allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by an insured, if the "bodily injury", "property Form SL 30 32 06 21 Page 2 of 3 ©2021, The Hartford (May include copyrighted material of Insurance Services Office, Inc., with its permission) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THE HARTFORD damage", or"personal and advertising injury" arises out of the rendering of or the failure to render any professional service. e. State Or Governmental Agency Or Subdivision Or Political Subdivision Issuing Permit (1) Any state or governmental agency or subdivision or political subdivision, but only with respect to operations performed by you or on your behalf for which the state or governmental agency or subdivision or political subdivision has issued a permit. (2) With respect to the insurance afforded to these additional insureds, this insurance does not apply to: (a) 'Bodily injury", "property damage" or "personal and advertising injury" arising out of operations performed for the federal government, state or municipality; or (b) 'Bodily injury" or"property damage" included within the "products-completed operations hazard". f. Any Other Party (1) Any other person or organization who is not in one of the categories or classes listed above in Paragraphs a. through e. above, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: (a) In the performance of your ongoing operations performed by you or on your behalf; (b) In connection with your premises owned by or rented to you; or (c) In connection with "your work" and included within the "products-completed operations hazard", but only if: (i) The written contract, written agreement or permit requires you to provide such coverage to such additional insured; and (ii) This Coverage Part provides coverage for "bodily injury" or "property damage" included within the "products-completed operations hazard". (2) With respect to the insurance afforded to these additional insureds, the following additional exclusion applies: This insurance does not apply to "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: (a) The preparing, approving, or failure to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders, designs or drawings and specifications; or (b) Supervisory, surveying, inspection, architectural or engineering activities. This exclusion applies even if the claims allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by an insured, if the "bodily injury", "property damage", or "personal and advertising injury" arises out of the rendering of or the failure to render any professional service described in Paragraphs f.(2)(a) or f.(2)(b) above. Form SL 30 32 06 21 Page 3 of 3 ©2021, The Hartford (May include copyrighted material of Insurance Services Office, Inc., with its permission) THE-A HARTFORD (2) Premises Rented To You That is fire, lightning or explosion insurance for premises rented to you or temporarily occupied by you with permission of the owner; (3) Tenant Liability That is insurance purchased by you to cover your liability as a tenant for "property damage" to premises rented to you or temporarily occupied by you with permission of the owner; (4) Aircraft,Auto Or Watercraft If the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to the extent not subject to Exclusion g. of Section B. Exclusions. (5) Property Damage To Borrowed Equipment Or Use Of Elevators If the loss arises out of"property damage"to borrowed equipment or the use of elevators to the extent not subject to Exclusion k. of Section B. Exclusions. (6) When You Are Added As An Additional Insured To Other Insurance That is other insurance available to you covering liability for damages arising out of the premises or operations, or products and completed operations, for which you have been added as an additional insured by that insurance; or (7) When You Add Others As An Additional Insured To This Insurance That is other insurance available to an additional insured. However, the following provisions apply to other insurance available to any person or organization who is an additional insured under this Coverage Part: (a) Primary Insurance When Required By Contract This insurance is primary if you have agreed in a written contract, written agreement or permit that this insurance be primary. If other insurance is also primary, we will share with all that other insurance by the method described in c. below. (b) Primary And Non-Contributory To Other Insurance When Required By Contract If you have agreed in a written contract, written agreement or permit that this insurance is primary and non-contributory with the additional insured's own insurance, this insurance is primary and we will not seek contribution from that other insurance. Paragraphs (a) and (b) do not apply to other insurance to which the additional insured has been added as an additional insured. When this insurance is excess, we will have no duty under this Coverage Part to defend the insured against any "suit" if any other insurer has a duty to defend the insured against that "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. When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any,that exceeds the sum of: (1) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (2) The total of all deductible and self-insured amounts under all that other insurance. We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage 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. Form SL 00 00 10 18 Page 17 of 22 ©2018, The Hartford (May include copyrighted material of Insurance Services Office, Inc., with its permission)