HomeMy WebLinkAboutA8302 - MVR CONSULTINGCONSULTING SERVICES AGREEMENT
MVR Consulting)
THIS AGREEMENT FOR .CONSULTING SERVICES ("Agreement") is made and
entered into on 2019, by and between the City of Palm Springs, a
California charter city and municipal corporation ("City"), and MVR Consulting,
Consultant"). City and Consultant are individually referred to as "Party" and are
collectively referred to as the "Parties".
RECITALS
A. -City requires grant review, research, evaluation and recommendation
regarding various grant opportunities, ("Project").
B. Consultant has submitted to City a proposal to provide the required
services for the Project to the City under the terms of this Agreement.
C. Based on its experience, education, training, and reputation, Consultant is
qualified and desires to provide the necessary services to City for the Project.
D. City desires to retain the services of Consultant for the Project.
In consideration of these promises and mutual .agreements, City agrees as
follows:
AGREEMENT
1. CONSULTANT SERVICES
1.1 Scope of Services. In compliance with all terms and conditions of this
Agreement, Consultant shall provide Grant Services, services to City as described in
the Scope of Services/Work attached to this Agreement as Exhibit "A" and incorporated
by reference (the "services" or "work"). Exhibit "A" includes the agreed upon schedule .
of performance and the schedule of fees. Consultant warrants that all services and
work shall be performed in a competent, professional, and satisfactory manner
consistent with prevailing industry standards. In the event of any inconsistency between
the terms contained in the Scope of Services/Work and the terms set forth in this
Agreement, the terms set forth in this Agreement shall govern.
1.2 Compliance with Law. Consultant services rendered under this
Agreement shall comply with all applicable federal, state, and local laws, statutes and
ordinances and all lawful orders, rules, and regulations.
1.3 Licenses and Permits. Consultant shall obtain at its sole cost and
expense such licenses, permits, and approvals as may be required by law for the
performance of the services required by this Agreement.
1.4 Familiarity with Work. By executing this Agreement, Consultant
warrants that it has carefully considered how the work should be performed and fully
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understands the facilities, difficulties, and restrictions attending performance of the work
under this Agreement.
2. TIME FOR COMPLETION
The time for completion of the services to be performed by Consultant is an
essential condition of this Agreement. Consultant shall prosecute regularly and
diligently the work of this Agreement according to the agreed upon schedule of
performance set forth in Exhibit "A." Consultant shall not be accountable for delays in
the progress of its work caused by any condition beyond its control and without the fault
or negligence of Consultant. Delays shall not entitle Consultant to any additional
compensation regardless of the party responsible for the delay.
3. COMPENSATION OF CONSULTANT
3.1 Compensation of Consultant. Consultant shall be compensated and
reimbursed for the services rendered under this Agreement in accordance with the
schedule of fees set forth in Exhibit "A". The total amount of Compensation shall not
exceed $24,500.
3.2 Method of Payment. In any month in which Consultant wishes to receive
payment, Consultant shall submit to City an invoice for services rendered prior to the
date of the invoice, no later than the first working day of such month, in the form
approved by City's finance director. Payments shall,be based on the hourly rates set
forth in Exhibit "A" for authorized services performed. City shall pay Consultant for all
expenses stated in the invoice that are approved by City and consistent with this
Agreement, within thirty (30) days of receipt of Consultant's invoice.
3.3 Changes. In the event any change or changes in the Scope of
Services/Work is requested by City, Parties shall execute a written amendment to this
Agreement, specifying all proposed amendments, including, but not limited to, any
additional fees. An amendment may be entered into:
A. To provide for revisions or modifications to documents, work
product, or work, when required by the enactment or revision of any subsequent law; or
B. To provide for additional services not included in this Agreement or
not customarily furnished in accordance with generally accepted practice in Consultant's
profession.
3.4 Appropriations. This Agreement is subject to, and contingent upon,
funds being appropriated by the City Council of City for each fiscal year. If such
appropriations are not made, this Agreement shall automatically terminate without
penalty to City.
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4. PERFORMANCE SCHEDULE
4.1 Time of Essence. Time is of the essence in the performance of this
Agreement.
4.2 Schedule of Performance. All services rendered under this Agreement
shall be performed under the agreed upon schedule of performance set forth in Exhibit
A." Any time period extension must be approved in writing by the Contract Officer.
4.3 Force Maieure. The time for performance of services to be rendered
under this Agreement may be extended because of any delays due to unforeseeable
causes beyond the control and without the fault or negligence of Consultant, if
Consultant notifies the Contract Officer within ten (10) days of the commencement of
such condition. Unforeseeable causes include, but are not limited to, acts of God or of
a public enemy, acts of the government, fires, earthquakes, floods, epidemic,
quarantine restrictions, riots, strikes, freight embargoes, and unusually severe weather.
After Consultant notification, the Contract Officer shall investigate the facts and the
extent of any necessary delay, and extend the time for performing the services for the
period of the enforced delay when and if, in the Contract Officer's judgment, such delay
is justified. The Contract Officer's determination shall be final and conclusive upon the
parties to this Agreement.
4.4 Term. Unless earlier terminated in accordance with Section 4.5 of this
Agreement, this Agreement shall continue in full force and effect through June 30, 2020,
unless extended by mutual written agreement of the parties.
4.5 Termination Prior to Expiration of Term. City may terminate this
Agreement at any time, with or without cause, upon thirty (30) days written notice to
Consultant. Where termination is due to the fault of Consultant and constitutes an
immediate danger to health, safety, and general welfare, the period of notice shall be
such shorter time as may be determined by the City. Upon receipt of the notice of
termination, Consultant shall immediately cease all services except such as may be
specifically approved by the Contract Officer. Consultant shall be entitled to
compensation for all services rendered prior to receipt of the notice of termination and
for any services authorized by the Contract Officer after such notice. Consultant may
terminate this Agreement, with or without cause, upon thirty (30) days written notice to
City.
5. COORDINATION OF WORK
5.1 Representative of Consultant. The following principal of Consultant is
designated as being the principal and representative of Consultant authorized to act and
make all decisions in its behalf with respect to the specified services and work: Martha
van Rooijen. It is expressly understood that the experience, knowledge, education,
capability, and reputation of the foregoing principal is a substantial inducement for City
to enter into this Agreement. Therefore, the foregoing principal shall be responsible
during the term of this Agreement for directing all activities of Consultant and devoting
sufficient time to personally supervise the services under this Agreement. The
foregoing principal may not be changed by Consultant without prior written approval of
the Contract Officer.
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5.2 Contract Officer. The Contract Officer shall be the City Manager or
his/her designee ("Contract Officer"). Consultant shall be responsible for keeping the
Contract Officer fully informed of the progress of the performance of the services.
Consultant shall refer any decisions that must be made by City to the Contract Officer.
Unless otherwise specified, any approval of City shall mean the approval of the Contract
Officer.
5.3 Prohibition Against Subcontracting or Assignment. The experience,
knowledge, education, capability, and reputation of Consultant, its principals and
employees, were a substantial inducement for City to enter into this Agreement.
Therefore, Consultant shall not contract with any other individual or entity to perform
any services required under this Agreement without the City's express written approval.
In addition, neither this Agreement nor any interest may be assigned or transferred,
voluntarily or by operation of law, without the prior written approval of City.
5.4 Independent Consultant. Neither City nor any of its employees shall
have any control over the manner, mode, or means by which Consultant, its agents or
employees, perform the services required; except as otherwise specified. Consultant
shall perform all required services as an independent Consultant of City and shall not be
an employee of City and shall remain at all times as to City a wholly independent
Consultant with only such obligations as are consistent with that role; however, City
shall have the right to review Consultant's work product, result, and advice. Consultant
shall not at any time or in any manner represent that it or any of its agents or employees
are agents or employees of City.
5.5 Personnel. Consultant agrees to assign the following individuals to
perform the services in this Agreement. Consultant shall not alter the assignment of the
following personnel without the prior written approval of the Contract Officer. Acting
through the City Manager, the City shall have the unrestricted right to order the removal
of any personnel assigned by Consultant by providing written notice to Consultant.
Name: Title:
Martha van Rooijen Consultant
6. INSURANCE
Consultant shall procure and maintain, at its sole cost and expense, policies of
insurance as set forth in the attached Exhibit"B", incorporated herein by reference.
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7. INDEMNIFICATION.
7.1 Indemnification. To the fullest extent permitted by law, Consultant shall
defend (at Consultant's sole cost and expense), indemnify, protect, and hold harmless
City, its elected officials, officers, employees, agents, and volunteers (collectively the
Indemnified Parties"), from and against any and all liabilities, actions, suits, claims,
demands, losses, costs, judgments, arbitration awards, settlements, damages,
demands, orders, penalties, and expenses including legal costs and attorney fees
collectively "Claims"), including but not limited to Claims arising from injuries to or death
of persons (Consultant's employees included), for damage to property, including
property owned by City, from any violation of any federal, state, or local law or
ordinance, and from errors and omissions committed by Consultant, its officers,
employees, representatives, and agents, that arise out of or relate to Consultant's
performance under this Agreement. This indemnification clause excludes Claims
arising from the sole negligence or willful misconduct of the City, its elected officials,
officers, employees, agents, and volunteers. Under no circumstances shall the
insurance requirements and limits set forth in this Agreement be construed to limit
Consultant's indemnification obligation or other liability under this Agreement.
Consultant's indemnification obligation shall survive the expiration or earlier termination
of this Agreement until all actions against the Indemnified Parties for such matters
indemnified are fully and finally barred by the applicable statute of limitations or, if an
action is timely filed, until such action is final. This provision is intended for the benefit
of third party Indemnified Parties not otherwise a party to this Agreement.
7.2 Design Professional Services Indemnification and Reimbursement. If
the Agreement is determined to be a "design professional services agreement" and
Consultant is a "design professional" under California Civil Code Section 2782.8, then:
A. To the fullest extent permitted by law, Consultant shall indemnify,
defend (at Consultant's sole cost and expense), protect and hold harmless City and its
elected officials, officers, employees, agents and volunteers and all other public
agencies whose approval of the project is required, (individually "Indemnified Party";
collectively "Indemnified Parties") against any and all liabilities, claims, judgments,
arbitration awards, settlements, costs, demands, orders and penalties (collectively
Claims"), including but not limited to Claims arising from injuries or death of persons
Consultant's employees included) and damage to property, which Claims arise out of,
pertain to, or are related to the negligence, recklessness or willful misconduct of
Consultant, its agents, employees, or sub-consultants, or arise from Consultant's
negligent, reckless or willful performance of or failure to perform any term, provision,
covenant or condition of this Agreement ("Indemnified Claims"), but Consultant's liability
for Indemnified Claims shall be reduced to the extent such Claims arise from the
negligence, recklessness or willful misconduct of the City and its elected officials,
officers, employees, agents and volunteers.
B. The Consultant shall require all non-design-professional sub-
Consultants, used or sub-contracted by Consultant to perform the Services or Work
required under this Agreement, to execute an Indemnification Agreement adopting the
indemnity provisions in sub-section 7.1 in favor of the Indemnified Parties. In addition,
Consultant shall require all non-design-professional sub-consultants, used or sub-
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contracted by Consultant to perform the Services or Work required under this
Agreement, to obtain insurance that is consistent with the Insurance provisions as set
forth in this Agreement, as well as any other insurance that may be required by Contract
Officer.
8. RECORDS AND REPORTS
8.1 Reports. Consultant shall periodically prepare and submit to the Contract
Officer reports concerning the performance of the services required by this Agreement,
or as the Contract Officer shall require.
8.2 Records. Consultant shall keep complete, accurate, and detailed
accounts of all time, costs, expenses, and expenditures pertaining in any way to this
Agreement. Consultant shall keep such books and records as shall be necessary to
properly perform the services required by this Agreement and enable the Contract
Officer to evaluate the performance of such services. The Contract Officer shall have
full and free access to such books and records at all reasonable times, including the
right to inspect, copy, audit, and make records and transcripts from such records.
8.3 Ownership of Documents. All drawings, specifications, reports, records,
documents, and other materials prepared by Consultant in the performance of this
Agreement shall be the property of City. Consultant shall deliver all above-referenced
documents to City upon request of the Contract Officer or upon the termination of this
Agreement. Consultant shall have no claim for further employment or additional
compensation as a result of the exercise by City of its full rights or ownership of the
documents and materials. Consultant may retain copies of such documents for
Consultant's own use. Consultant shall have an unrestricted right to use the concepts
embodied in such documents.
8.4 Release of Documents. All drawings, specifications, reports, records,
documents, and other materials prepared by Consultant in the performance of services
under this Agreement shall not be released publicly without the prior written approval of
the Contract Officer.
8.5 Cost Records. Consultant shall maintain all books, documents, papers,
employee time sheets, accounting records, and other evidence pertaining to costs
incurred while performing under this Agreement. Consultant shall make such materials
available at its offices at all reasonable times during the term of this Agreement and for
three (3) years from the date of final payment for inspection by City and copies shall be
promptly furnished to City upon request.
9. ENFORCEMENT OF AGREEMENT
9.1 California Law. This Agreement shall be construed and interpreted both
as to validity and to performance of the parties in accordance with the laws of the State
of California. Legal actions concerning any dispute, claim, or matter arising out of or in
relation to this Agreement shall be instituted in the Superior Court of the County of
Riverside, State of California, or any other appropriate court in such county, and
Consultant covenants and agrees to submit to the personal jurisdiction of such court in
the event of such action.
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9.2 Interpretation. This Agreement shall be construed as a whole according
to its fair language and common meaning to achieve the objectives and purposes of the
Parties. The terms of this Agreement are contractual and the result of negotiation
between the Parties. Accordingly, any rule of construction of contracts (including,
without limitation, California Civil Code Section 1654) that ambiguities are to be
construed against the drafting party, shall not be employed in the interpretation of this
Agreement. The caption headings of the various sections and paragraphs of this
Agreement are for convenience and identification purposes only and shall not be
deemed to limit, expand, or define the contents of the respective sections or
paragraphs.
9.3 Waiver. No delay or omission in the exercise of any right or remedy of a
non-defaulting party on any default shall impair such right or remedy or be construed as
a waiver. No consent or approval of City shall be deemed to waive or render
unnecessary City's consent to or approval of any subsequent act of Consultant. Any
waiver by either party of any default must be in writing. No such waiver shall be a
waiver of any other default concerning the same or any other provision of this
Agreement.
9.4 Rights and Remedies are Cumulative. Except with respect to rights and
remedies expressly declared to be exclusive in this Agreement, the rights and remedies
of the parties are cumulative. The exercise by either party of one or more of such rights
or remedies shall not preclude the exercise by it, at the same or different times, of any
other rights or remedies for the same default or any other default by the other party.
9.5 Legal Action. In addition to any other rights or remedies, either party
may take legal action, in law or in equity, to cure, correct, or remedy any default, to
recover damages for any default, to compel specific performance of this Agreement, to
obtain injunctive relief, a declaratory judgment, or any other remedy consistent with the
purposes of this Agreement.
10. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
10.1 Non-Liability of City Officers and Employees. No officer or employee
of City shall be personally liable to the Consultant, or any successor-in-interest, in the
event of any default or breach by City or for any amount which may become due to the
Consultant or its successor, or for breach of any obligation of the terms of this
Agreement.
10.2 Conflict of Interest. Consultant acknowledges that no officer or
employee of the City has or shall have any direct or indirect financial interest in this
Agreement nor shall Consultant enter into any agreement of any kind with any such
officer or employee during the term of this Agreement and for one year thereafter.
Consultant warrants that Consultant has not paid or given, and will not pay or give, any
third party any money or other consideration in exchange for obtaining this Agreement.
10.3 Covenant Against Discrimination. In connection with its performance under
this Agreement, Consultant shall not discriminate against any employee or applicant for
employment because of actual or perceived race, religion, color, sex, age, marital
status, ancestry, national origin (i.e., place of origin, immigration status, cultural or
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720599.1
linguistic characteristics, or ethnicity), sexual orientation, gender identity, gender
expression, physical or mental disability, or medical condition (each a "prohibited
basis"). Consultant shall ensure that applicants are employed, and that employees are
treated during their employment, without regard to any prohibited basis. As a condition
precedent to City's lawful capacity to enter this Agreement, and in executing this
Agreement, Consultant certifies that its actions and omissions hereunder shall not
incorporate any discrimination arising from or related to any prohibited basis in any
Consultant activity, including but not limited to the following: employment, upgrading,
demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates
of pay or other forms of compensation; and selection for training, including
apprenticeship; and further, that Consultant is in full compliance with the provisions of
Palm Springs Municipal Code Section 7.09.040, including without limitation the
provision of benefits, relating to non-discrimination in city contracting.
11. MISCELLANEOUS PROVISIONS
11.1 Notice. Any notice, demand, request, consent, approval; or
communication that either party desires, or is required to give to the other party or any
other person shall be in writing and either served personally or sent by pre-paid, first-
class mail to the address set forth below. Notice shall be deemed communicated
seventy-two (72) hours from the time of mailing if mailed as provided in this Section.
Either party may change its address by notifying the other party of the change of
address in writing.
To City: City of Palm Springs
Attention: City Manager/ City Clerk
3200 E. Tahquitz Canyon Way
Palm Springs, California 92262
To Consultant: MVR Consulting
Attention: Martha van Rooijen
PO Box 236
Calimesa, CA 92320
11.2 Integrated Agreement. This Agreement contains all of the agreements of
the parties and supersedes all other written agreements.
11.3 Amendment. No amendments or other modifications of this Agreement
shall be binding unless through written agreement by all Parties.
11.4 Severability. Whenever possible, each provision of this Agreement shall
be interpreted in such a manner as to be effective and valid under applicable law. In the
event that any one or more of the phrases, sentences, clauses, paragraphs, or sections
contained in this Agreement shall be declared invalid or unenforceable by valid
judgment or decree of a court of competent jurisdiction, such invalidity or
unenforceability shall not affect any of the remaining phrases, sentences, clauses,
paragraphs, or sections of this Agreement, which shall be interpreted to carry out the
intent of the parties.
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11.5 Successors in Interest. This Agreement shall be binding upon and inure
to the benefit of the Parties' successors and assignees.
11.6 Third Party Beneficiary. Except as may be expressly provided for in this
Agreement, nothing contained in this Agreement is intended to confer, nor shall this
Agreement be construed as conferring, any rights, including, without limitation, any
rights as a third-party beneficiary or otherwise, upon any entity or person not a party to
this Agreement.
11.7 Recitals. The above-referenced Recitals are hereby incorporated into the
Agreement as though fully set forth in this Agreement and each Party acknowledges
and agrees that such Party is bound, for purposes of this Agreement, by the same.
11.8 Authority. The persons executing this Agreement on behalf of the Parties
warrant that they are duly authorized to execute this Agreement on behalf of Parties and
that by so executing this Agreement the Parties are formally bound to the provisions of
this Agreement.
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IN WITNESS WHEREOF, the Parties have executed this Agreement as of the
dates stated below.
CITY"
City of Palm Springs
Date:—?) b By:
avid H. Ready, PhD
City Manager
APPROVED AS TO FORM: ATTEST
By: By:
ffre S. Balli rq6r, ony Mejia
City Attorney City Clerk
CONSULTANT"
MVR Consulting)
Date: By :
Martha van Rooijen)
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720599.1
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§1180
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Description of Attached Document
Title or Type of Document Document Date:
Number of Pages: Signer(s) Other Than Named Above:
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720599.1
EXHIBIT "A"
SCOPE OF SERVICES
SCHEDULE OF COMPENSATION
Review, research, evaluation and recommendation regarding various grant
opportunities to meet City goals and objectives.
Meet with staff to review and assess grant opportunities and project readiness,
including discussion of matching fund requirements, budgets, schedules,
partnering, known constraints, environmental issues and clearances, land
ownership, right-of-way and easement issues, data, exhibits, plans, and
community stakeholder input.
Participate in grant webinars and workshops on behalf of City of Palm Springs, as
needed.
r
Scope of Services Hourly Rate
Grant Services 160/Hr.
Project Manager, Martha van Rooijen
Reimbursables, as needed, such as copies, Charged at
mileage, etc.Cost
Note: Work to be done on a Time and Material Basis.
Consultant services not to exceed $24,500
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720599.1
EXHIBIT "B"
INSURANCE PROVISIONS
Including
Verification of Coverage,
Sufficiency of Insurers,
Errors and Omissions Coverage,
Minimum Scope of Insurance,
Deductibles and Self-Insured Retentions, and
Severability of Interests (Separation of Insureds)
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720599.1
INSURANCE
1. Procurement and Maintenance of Insurance. Consultant shall
procure and maintain public liability and property damage insurance against all claims
for injuries against persons or damages to property resulting from Consultant's
performance under this Agreement. Consultant shall procure and maintain all insurance
at its sole cost and expense, in a form and content satisfactory to the City, and submit
concurrently with its execution of this Agreement. Consultant shall also carry workers'
compensation insurance in accordance with California workers' compensation laws.
Such insurance shall be kept in full force and effect during the term of this Agreement,
including any extensions. Such insurance shall not be cancelable without thirty (30)
days advance written notice to City of any proposed cancellation. Certificates of
insurance evidencing the foregoing and designating the City, its elected officials,
officers, employees, agents, and volunteers as additional named insureds by original
endorsement shall be delivered to and approved by City prior to commencement of
services. The procuring of such insurance and the delivery of policies, certificates, and
endorsements evidencing the same shall not be construed as a limitation of
Consultant's obligation to indemnify City, its elected officials, officers, agents,
employees, and volunteers.
2. Minimum Scope of Insurance. The minimum amount of insurance
required under this Agreement shall be as follows:
1. Comprehensive general liability and personal injury with limits of at
least one million dollars ($1,000,000.00) combined single limit coverage per occurrence
and two million dollars ($2,000,000) general aggregate;
2. Automobile liability insurance with limits of at least one million
dollars ($1,000,000.00) per occurrence;
3. Professional liability (errors and omissions) insurance with limits of
at least one million dollars ($1,000,000.00) per occurrence and two million dollars
2,000,000) annual aggregate is:
required
x is not required;
4. Workers' Compensation insurance in the statutory amount as
required by the State of California and Employer's Liability Insurance with limits of at
least one million dollars $1 million per occurrence. If Consultant has no employees,
Consultant shall complete the City's Request for Waiver of Workers' Compensation
Insurance Requirement form.
3. Primary Insurance. For any claims related to this Agreement,
Consultant's insurance coverage shall be primary with respect to the City and its
respective elected officials, officers, employees, agents, and volunteers. Any insurance
or self-insurance maintained by City and its respective elected officials, officers,
employees, agents, and volunteers shall be in excess of Consultant's insurance and
shall not contribute with it. For Workers' Compensation and Employer's Liability
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720599.1
Insurance only, the insurer shall waive all rights of subrogation and contribution it may
have against City, its elected officials, officers, employees, agents, and volunteers.
4. Errors and Omissions Coverage. If Errors & Omissions Insurance is
required, and if Consultant provides claims made professional liability insurance,
Consultant shall also agree in writing either (1) to purchase tail insurance in the amount
required by this Agreement to cover claims made within three years of the completion of
Consultant's services under this Agreement, or (2) to maintain professional liability
insurance coverage with the same carrier in the amount required by this Agreement for
at least three years after completion of Consultant's services under this Agreement.
Consultant shall also be required to provide evidence to City of the purchase of the
required tail insurance or continuation of the professional liability policy.
5. Sufficiency of Insurers. Insurance required in this Agreement shall be
provided by authorized insurers in good standing with the State of California. Coverage
shall be provided by insurers admitted in the State of California with an A.M. Best's Key
Rating of B++, Class VII, or better, unless otherwise acceptable to the City,.
6. Verification of Coverage. Consultant shall furnish City with both
certificates of insurance and endorsements, including additional insured endorsements,
effecting all of the coverages required by this Agreement. The certificates and
endorsements are to be signed by a person authorized by that insurer to bind coverage
on its behalf. All proof of insurance is to be received and approved by the City before
work commences. City reserves the right to require Consultant's insurers to provide
complete, certified copies of all required insurance policies at any time. Additional
insured endorsements are not required for Errors and Omissions and Workers'
Compensation policies.
Verification of Insurance coverage may be provided by: (1) an approved General
and/or Auto Liability Endorsement Form for the City of Palm Springs or (2) an
acceptable Certificate of Liability Insurance Coverage with an approved Additional
Insured Endorsement with the following endorsements stated on the certificate:
1. "The City of Palm Springs, its officials, employees, and agents are named
as an additional insured..." ("as respects City of Palm Springs Contract No. It or "for
any and all work performed with the City"may be included in this statement).
2. "This insurance is primary and non-contributory over any insurance or self-
insurance the City may have..." ("as respects City of Palm, Springs Contract No. " or
for any and all work performed with the City" may be included in this statement).
3. "Should any of the above described policies be canceled before the
expiration date thereof, the issuing company will mail 30 days written notice to the
Certificate Holder named." Language such as, "endeavor to" mail and "but failure to mail
such notice shall impose no obligation or liability of any kind upon the company, its
agents or representative" is not acceptable and must be crossed out.
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720599.1
4. Both the Workers' Compensation and Employers' Liability policies shall
contain the insurer's waiver of subrogation in favor of City, its elected officials, officers,
employees, agents, and volunteers.
In addition to the endorsements listed above, the City of Palm Springs shall be named
the certificate holder on the policies.
All certificates of insurance and endorsements are to be received and approved by the
City before work commences. All certificates of insurance must be authorized by a
person with authority to bind coverage, whether that is the authorized agent/broker or
insurance underwriter. Failure to obtain the required documents prior to the
commencement of work shall not waive the Consultant's obligation to provide them.
7. Deductibles and Self-Insured Retentions. Any deductibles or self-
insured retentions must be declared to and approved by the City prior to commencing
any work or services under this Agreement. At the option of the City, either (1) the
insurer shall reduce or eliminate such deductibles or self-insured retentions with respect
to the City, its elected officials, officers, employees, agents, and volunteers; or (2)
Consultant shall procure a bond guaranteeing payment of losses and related
investigations, claim administration, and defense expenses. Certificates of Insurance
must include evidence of the amount of any deductible or self-insured retention under
the policy. Consultant guarantees payment of all deductibles and self-insured
retentions.
8. Severability of Interests (Separation of Insureds). This insurance
applies separately to each insured against whom claim is made or suit is brought except
with respect to the limits of the insurer's liability.
16 Revised:1131/18
720599.1
CERTIFICATE OF LIABILITY INSURANCE
DATE(MM/DDIYYYY)
06/17/2019
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.
THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE
POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),
AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATIONIS 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
HUB INTL MOUNTAIN STATES LTD/PHS NAME:
34480291
PHONE 866)467-8730 FAX (888)443-6112
A/C,No,Ext): A/C,No):
The Hartford Business Service Center
3600 Wiseman Blvd E-MAIL
San Antonio,TX 78265 ADDRESS:
INSURER(S)AFFORDING COVERAGE NAIC#
INSURED INSURERA: Sentinel Insurance Company Ltd. 11000
MARTHA VAN ROOIJEN DBA MVR CONSLUTING INSURER B:
PO BOX 236
INSURER C
CALIMESA CA 92320-0236
INSURER D
INSURER E:
INSURER F:
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
IN DICATED.NOTWITHSTAN DING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE
TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR TYPE OF INSURANCE
ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS
LTR INSR WVD MMIDD/YYYY MMIDDIYYYY
COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE 2,000,000
CLAIMS-MADE-1OCCUR DAMAGE TO RENTED 1,000,000
PREMISES Ea occurrence
X General Liability MED EXP(Any one person) 10,000
A X X 34SBMIJ6649 02/22/2019 02/22/2020 PERSONAL&ADV INJURY 2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE 4,000,000
POLICY
JECT
PRO LOC PRODUCTS-COMP/OPAGG 4,000,000
OTHER:
AUTOMOBILE LIABILITY
COMBINED SINGLE LIMIT 2,000,000
Ea accident
ANY AUTO BODILY INJURY(Per person)
A
ALL OWNED SCHEDULED
34 SBM IJ6649 02/22/2019 02/22/2020 BODILY INJURY(Per accident)
AUTOS AUTOS
HIRED NON-OWNED PROPERTY DAMAGE
X AUTOS X AUTOS Per accident)
UMBRELLA LIAB HOCCUR
EACH OCCURRENCE
EXCESS LIAB CLAIMS-
MADE
AGGREGATE
DED RETENTION$
WORKERS COMPENSATION PER OTH-
AND EMPLOYERS'LIABILITY STATUTE ER
ANY YIN E.L.EACH ACCIDENT
PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?
N/A
E.L.DISEASE-EA EMPLOYEE
Mandatory in NH)
If yes,describe under E.L.DISEASE-POLICY LIMIT
DESCRIPTION OF OPERATIONS below
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required)
Those usual to the Insured's Operations.See additional remarks below.
CERTIFICATE HOLDER CANCELLATION
City of Palm Springs SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED
3200 E TAHQUITZ CANYON WAY BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED
PALM SPRINGS CA 92262-6959 IN ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
1988-2015 ACORD CORPORATION.All rights reserved.
ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD
AGENCY CUSTOMER ID:
LOC#:
ADDITIONAL REMARKS SCHEDULE Page 2 of 2
AGENCY NAMED INSURED
HUB INTL MOUNTAIN STATES LTD/PHS MARTHA VAN ROOIJEN DBA MVR CONSLUTING
POLICY NUMBER PO BOX 236
SEE ACORD 25 CALIMESA CA 92320-0236
CARRIER NAIC CODE
SEE ACORD 25
EFFECTIVE DATE:SEE ACORD 25
ADDITIONAL REMARKS
THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM
FORM NUMBER: ACORD 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE
City of Palm Springs its officials, employees and agents are additional insured's per the Business Liability Coverage Form
SS0008 attached to this policy. Notice of Cancellation will be provided in accordance with Form SS1223, attached to this policy.
Waiver of Subrogation applies in favor of the Certificate Holder per the Business Liability Coverage Form SS0008, attached to
this policy. Coverage is primary and noncontributory per the Business Liability Coverage Form SS0008, attached to this policy.
ACORD 101 (2014/01) 2014 ACORD CORPORATION.All rights reserved.
The ACORD name and logo are registered marks of ACORD
BUSINESS LIABILITY COVERAGE FORM
If more than one limit of insurance under this 1) Immediately send us copies of any
policy and any endorsements attached thereto demands, notices, summonses or
applies to any claim or"suit", the most we will pay legal papers received in connection
under this policy and the endorsements is the with the claim or"suit";
single highest limit of liability of all coverages 2) Authorize us to obtain records and
applicable to such claim or "suit". However, this other information;
paragraph does not apply to the Medical Expenses
limit set forth in Paragraph 3.above.
3) Cooperate with us in the investigation,
settlement of the claim or defense
The Limits of Insurance of this Coverage Part apply against the"suit"; and
separately to each consecutive annual period and to 4) Assist us, upon our request, in the
any remaining period of less than 12 months, starting enforcement of any right against any
with the beginning of the policy period shown in the
person or organization that may be
Declarations, unless the policy period is extended
liable to the insured because of injury
after issuance for an additional period of less than 12 or damage to which this insurance
months. In that case, the additional period will be
may also apply.
deemed part of the last preceding period for purposes
of determining the Limits of Insurance. d. Obligations At The Insured's Own Cost
E. LIABILITY AND MEDICAL EXPENSES
No insured will, except at that insured's own
GENERAL CONDITIONS
cost, voluntarily make a payment, assume
any obligation, or incur any expense, other
1. Bankruptcy than for first aid,without our consent.
Bankruptcy or insolvency of the insured or of e. Additional Insured's Other Insurance
the insured's estate will not relieve us of our If we cover a claim or "suit" under this
obligations under this Coverage Part. Coverage Part that may also be covered
2. Duties In The Event Of Occurrence,by other insurance available to an
Offense, Claim Or Suit additional insured, such additional insured
a. Notice Of Occurrence Or Offense must submit such claim or "suit" to the
You or any additional insured must see to
other insurer for defense and indemnity.
it that we are notified as soon as However, this provision does not apply to
practicable of an "occurrence" or an the extent that you have agreed in a
offense which may result in a claim. To
written contract, written agreement or
the extent possible, notice should include: permit that this insurance is primary and
non-contributory with the additional
1) How, when and where the "occurrence"insured's own insurance.
or offense took place;f. Knowledge Of An Occurrence, Offense,
2) The names and addresses of any Claim Or Suit
injured persons and witnesses; and Paragraphs a. and b. apply to you or to
3) The nature and location of any injury any additional insured only when such
or damage arising out of the occurrence", offense, claim or "suit" is
occurrence"or offense. known to:
b. Notice Of Claim 1) You or any additional insured that is
If a claim is made or "suit" is brought an individual;
against any insured, you or any additional 2) Any partner, if you or an additional -
insured must: insured is a partnership;
1) Immediately record the specifics of the 3) Any manager, if you or an additional
claim or "suit" and the date received; insured is a limited liability company;
and
4) Any "executive officer" or insurance
2) Notify us as soon as practicable. manager, if you or an additional
You or any additional insured must see to insured is a corporation;
it that we receive a written notice of the 5) Any trustee, if you or an additional
claim or"suit" as soon as practicable. insured is a trust; or
c. Assistance And Cooperation Of The 6) Any elected or appointed official, if you
Insured or an additional insured is a political
You and any other involved insured must: subdivision or public entity.
Form SS 00 08 04 05 Page 15 of 24
BUSINESS LIABILITY COVERAGE FORM
This Paragraph f. applies separately to 3) We have issued this policy in reliance
you and any additional insured. upon your representations.
3. Financial Responsibility Laws b. Unintentional Failure To Disclose
a. When this policy is certified as proof of Hazards
financial responsibility for the future under If unintentionally you should fail to disclose
the provisions of any motor vehicle all hazards relating to the conduct of your
financial responsibility law, the insurance business at the inception date of this
provided by the policy for "bodily injury"Coverage Part, we shall not deny any
liability and "property damage" liability will coverage under this Coverage Part
comply with the provisions of the law to because of such failure.
the extent of the coverage and limits of 7. Other Insurance
insurance required by that law.If other valid and collectible insurance is
b. With respect to "mobile equipment' to available for a loss we cover under this
which this insurance applies, we will Coverage Part, our obligations are limited as
provide any liability, uninsured motorists, follows:
underinsured motorists, no-fault or other
coverage required by any motor vehicle a. Primary Insurance
law. We will provide the required limits for This insurance is primary except when b.
those coverages.below applies. If other insurance is also
4. Legal Action Against Us primary, we will share with all that other
No person or organization has a right under
insurance by the method described in c.
this Coverage Form:
below.
a. To join us as a party or otherwise bring us
b. Excess Insurance
into a "suit" asking for damages from an This insurance is excess over any of the
insured; or other insurance, whether primary, excess,
b. To sue us on this Coverage Form unless contingent or on any other basis:
all of its terms have been fully complied 1) Your Work
with. That is Fire, Extended Coverage,
A person or organization may sue us to recover Builder's Risk, Installation Risk or
on an agreed settlement or on a final judgment similar coverage for"your work";
against an insured; but we will not be liable for 2) Premises Rented To You
damages that are not payable under the terms of
this insurance or that are in excess of the
That is fire, lightning or explosion
applicable limit of insurance. An agreed insurance for premises rented to you
or temporarily occupied by you withsettlementmeansasettlementandreleaseof
liability signed by us, the insured and the permission of the owner;
claimant or the claimant's legal representative. 3) Tenant Liability
5. Separation Of Insureds That is insurance purchased by you to
cover your liability as a tenant forExceptwithrespecttotheLimitsofInsurance,
property damage" to premises rentedandanyrightsordutiesspecificallyassigned
in this policy to the first Named Insured, this to you or temporarily occupied by you
insurance applies:
with permission of the owner;
a. As if each Named Insured were the only
4) Aircraft,Auto Or Watercraft
Named Insured; and If the loss arises out of the maintenance
b. Separately to each insured against whom
or use of aircraft, "autos"or watercraft to
a claim is made or"suit" is brought. the extent not subject to Exclusion g. of
Section A.—Coverages.
6. Representations
5) Property Damage To Borrowed
a. When You Accept This Policy Equipment Or Use Of Elevators
By accepting this policy, you agree: If the loss arises out of "property
1) The statements in the Declarations damage" to borrowed equipment or
are accurate and complete; the use of elevators to the extent not
2) Those statements are based upon
subject to Exclusion k. of Section A. —
representations you made to us; and Coverages.
Page 16 of 24 Form SS 00 08 04 05
BUSINESS LIABILITY COVERAGE FORM
6) When You Are Added As An When this insurance is excess over other
Additional Insured To Other insurance, we will pay only our share of
Insurance the amount of the loss, if any, that
That is other insurance available to exceeds the sum of:
you covering liability for damages 1) The total amount that all such other
arising out of the premises or insurance would pay for the loss in the
operations, or products and completed absence of this insurance; and
operations, for which you have been 2) The total of all deductible and self-
added.as an additional insured by that insured amounts under all that other
insurance; or insurance.
7) When You Add Others As An We will share the remaining loss, if any,with
Additional Insured To This any other insurance that is not described in
Insurance this Excess Insurance provision and was not
That is other insurance available to an bought specifically to apply in excess of the
additional insured. Limits of Insurance shown in the
However, the following provisions
Declarations of this Coverage Part.
apply to other insurance available to c. Method Of Sharing
any person or organization who is an If all the other insurance permits
additional insured under this Coverage contribution by equal shares, we will follow
Part: this method also. Under this approach,
a) Primary Insurance When each insurer contributes equal amounts
Required By Contract until it has paid its applicable limit of
This insurance is primary if you
insurance or none of the loss remains,
have agreed in a written contract,whichever comes first.
written agreement or permit that If any of the other insurance does not permit
this insurance be primary. If other contribution by equal shares, we will
insurance is also primary, we will contribute by limits. Under this method, each
share with all that other insurance insurer's share is based on the ratio of its
by the method described in c.applicable limit of insurance to the total
below. applicable limits of insurance of all insurers.
b) Primary And Non-Contributory 8. Transfer Of Rights Of Recovery Against
To Other Insurance When Others To Us
Required By Contract a. Transfer Of Rights Of Recovery
If you have agreed in a written If the insured has rights to recover all or
contract, written agreement or part of any payment, including
permit that this insurance is Supplementary Payments, we have made
primary and non-contributory with under this Coverage Part, those rights are
the additional insured's own transferred to us. The insured must do
insurance, this insurance is
nothing after loss to impair them. At our
primary and we will not seek request, the insured will bring "suit" or
contribution from that other transfer those rights to us and help us
insurance. enforce them. This condition does not
Paragraphs(a) and (b) do not apply to apply to Medical Expenses Coverage.
other insurance to which the additional b. Waiver Of Rights Of Recovery (Waiver
insured has been added as an Of Subrogation)
additional insured.
If the insured has waived any rights of
When this insurance is excess, we will
recovery against any person or
have no duty under this Coverage Part to organization for all or part of any payment,
defend the insured against any"suit" if any including Supplementary Payments, we
other insurer has a duty to defend the have made under this Coverage Part, we
insured against that "suit". If no other also waive that right, provided the insured
insurer defends, we will undertake to do waived their rights of recovery against
so, but we will be entitled to the insured's such person or organization in a contract,
rights against all those other insurers. agreement or permit that was executed
prior to the injury or damage.
Form SS 00 08 04 05 Page 17 of 24
BUSINESS LIABILITY COVERAGE FORM
F. OPTIONAL ADDITIONAL INSURED 3. Additional Insured -Grantor Of Franchise
COVERAGES WHO IS AN INSURED under Section C. is
If listed or shown as applicable in the Declarations,
amended to include as an additional insured
one or more of the following Optional Additional the person(s) or organization(s) shown in the
Insured Coverages also apply. When any of these Declarations as an Additional Insured -
Optional Additional Insured Coverages apply,
Grantor Of Franchise, but only with respect to
Paragraph 6. (Additional Insureds When Required their liability as grantor of franchise to you.
by Written Contract, Written Agreement or Permit) 4. Additional Insured - Lessor Of Leased
of Section C., Who Is An Insured, does not apply Equipment
to the person or organization shown in the a. WHO IS AN INSURED under Section C. is
Declarations. These coverages are subject to the amended to include as an additional
terms and conditions applicable to Business insured the person(s) or organization(s)
Liability Coverage in this policy, except as shown in the Declarations as an Additional
provided below: Insured — Lessor of Leased Equipment,
1. Additional Insured - Designated Person Or but only with respect to liability for "bodily
Organization injury", "property damage" or "personal
WHO IS AN INSURED under Section C. is and advertising injury" caused, in whole or
amended to include as an additional insured in part, by your maintenance, operation or
the person(s) or organization(s) shown in the use of equipment leased to you by such
Declarations, but only with respect to liability person(s) or organization(s).
for "bodily injury", "property damage" or b. With respect to the insurance afforded to
personal and advertising injury" caused, in these additional insureds, this insurance
whole or in part, by your acts or omissions or does not apply to any 'occurrence" which
the acts or omissions of those acting on your takes place after you cease to lease that
behalf: equipment.
a. In the performance of your ongoing 5. Additional Insured - Owners Or Other
operations; or Interests From Whom Land Has Been
b. In connection with your premises owned
Leased
by or rented to you.a. WHO IS AN INSURED under Section C. is
2. Additional Insured - Managers Or Lessors amended to include as an additional
Of Premises insured the person(s) or organization(s)
shown in the Declarations as an Additional
a. WHO IS AN INSURED under Section C. is Insured —Owners Or Other Interests From
amended to include as an additional insured Whom Land Has Been Leased, but only
the person(s) or organization(s)shown in the with respect to liability arising out of the
Declarations as an Additional Insured -ownership, maintenance or use of that part
Designated Person Or Organization; but only of the land leased to you and shown in the
with respect to liability arising out of the Declarations.
ownership, maintenance or use of that part of
the premises leased to you and shown in the
b. With respect to the insurance afforded to
Declarations. these additional insureds, the following
b. With respect to the insurance afforded to
additional exclusions apply:
these additional insureds, the following This insurance does not apply to:
additional exclusions apply: 1) Any 'occurrence" that takes place
This insurance does not apply to: after you cease to lease that land; or
1) Any 'occurrence" which takes place
2) Structural alterations,new
after you cease to be a tenant in that
construction or demolition operations
premises; or performed by or on behalf of such
2) Structural alterations,new
person or organization.
construction or demolition operations
6. Additional Insured - State Or Political
performed by or on behalf of such
Subdivision —Permits
person or organization. a. WHO IS AN INSURED under Section C. is
amended to include as an additional
insured the state or political subdivision
shown in the Declarations as an Additional
Page 18 of 24 Form SS 00 08 04 05
BUSINESS LIABILITY COVERAGE FORM
Insured — State Or Political Subdivision - e) Any failure to make such
Permits, but only with respect to inspections, adjustments, tests or
operations performed by you or on your servicing as the vendor has agreed
behalf for which the state or political to make or normally undertakes to
subdivision has issued a permit.make in the usual course of
b. With respect to the insurance afforded to business, in connection with the
these additional insureds, the following distribution or sale of the products;
additional exclusions apply:f) Demonstration, installation,
This insurance does not apply to: servicing or repair operations,
1 "Bodily injury", "property damage" or
except such operations performed
y g at the vendor's premises in
personal and advertising injury" connection with the sale of the
arising out of operations performed for product;
the state or municipality; or
g) Products which, after distribution
2) "Bodily injury" or "property damage" or sale by you, have been labeled
included in the "product-completed
or relabeled or used as a
operations" hazard. container, part or ingredient of any
7. Additional Insured—Vendors other thing or substance by or for
a. WHO IS AN INSURED under Section C. is the vendor; or
amended to include as an additional h) "Bodily injury" or "property
insured the person(s) or organization(s) damage" arising out of the sole
referred to below as vendor) shown in the negligence of the vendor for its
Declarations as an Additional Insured - own acts or omissions or those of
Vendor, but only with respect to "bodily its employees or anyone else
injury" or "property damage" arising out of acting on its behalf. However, this
your products" which are distributed or exclusion does not apply to:
sold in the regular course of the vendor's i) The exceptions contained in
business and only if this Coverage Part Subparagraphs (d)or(f); or
provides coverage for "bodily injury" or
property damage" included within the
ii) Such inspections,
products-completed operations hazard". adjustments, tests or servicing
as the vendor has agreed to
b. The insurance afforded to the vendor is
make or normally undertakes
subject to the following additional exclusions:to make in the usual course of
1) This insurance does not apply to: business, in connection with
a) "Bodily injury" or "property
the distribution or sale of the
damage" for which the vendor is products.
obligated to pay damages by 2) This insurance does not apply to any
reason of the assumption of insured person or organization from
liability in a contract or agreement. whom you have acquired such
This exclusion does not apply to products, or any ingredient, part or
liability for damages that the container, entering into,
vendor would have in the absence accompanying or containing such
of the contract or agreement; products.
b) Any express warranty 8. Additional Insured —Controlling Interest
unauthorized by you; WHO IS AN INSURED under Section C. is
c) Any physical or chemical change amended to include as an additional insured
in the product made intentionally the person(s) or organization(s) shown in the
by the vendor; Declarations as an Additional Insured —
d) Repackaging, unless unpacked Controlling Interest, but only with respect to
solely for the purpose of inspection, their liability arising out of:
demonstration, testing, or the a. Their financial control of you; or
substitution of parts under b. Premises they own, maintain or control
instructions from the manufacturer,while you lease or occupy these premises.
and then repackaged in the original
container;
Form SS 00 08 04 05 Page 19 of 24
BUSINESS LIABILITY COVERAGE FORM
This insurance does not apply to structural The limits of insurance that apply to additional
alterations, new construction and demolition insureds are described in Section D. — Limits Of
operations performed by or for that person or Insurance.
organization.How this insurance applies when other insurance
9. Additional Insured — Owners, Lessees Or is available to an additional insured is described in
Contractors — Scheduled Person Or the Other Insurance Condition in Section E. —
Organization Liability And Medical Expenses General
a. WHO IS AN INSURED under Section C. is Conditions.
amended to include as an additional G. LIABILITY AND MEDICAL EXPENSES
insured the person(s) or organization(s) DEFINITIONS
shown in the Declarations as an Additional
Insured—Owner, Lessees Or Contractors, 1. "Advertisement" means the widespread public
but only with respect to liability for "bodily dissemination of information or images that
injury", "property damage" or "personal has the purpose of inducing the sale of goods,
and advertising injury" caused, in whole or products or services through:
in part, by your acts or omissions or the a. (1) Radio;
acts or omissions of those acting on your 2) Television;
behalf:
3) Billboard;
1) In the performance of your ongoing 4) Magazine;
operations for the additional
i
5) Newspaper;nsured(s); or
2) In connection with "your work" b. The Internet, but only that part of a web
performed for that additional insured site that is about goods, products or
and included within the "products-services for the purposes of inducing the
completed operations hazard", but sale of goods, products or services; or
only if this Coverage Part provides c. Any other publication that is given
coverage for "bodily injury" or widespread public distribution.
property damage" included within the However, "advertisement"does not include:
products-completed operations
a. The design, printed material, informationhazard".
or images contained in, on or upon the
b. With respect to the insurance afforded to packaging or labeling of any goods or
these additional insureds, this insurance products; or
does not apply to "bodily.injury", "property b. An interactive conversation between or
damage" or "personal an advertising
injury" arising out of the rendering of, or among persons through a computer network.
the failure to render, any professional 2. "Advertising idea" means any idea for an
architectural, engineering or surveying advertisement".
services, including: 3. "Asbestos hazard" means an exposure or
1) The preparing, approving, or failure to threat of exposure to the actual or alleged
prepare or approve, maps, shop properties of asbestos and includes the mere
drawings, opinions, reports, surveys, presence of asbestos in any form.
field orders, change orders, designs or 4. "Auto" means a land motor vehicle, trailer or
drawings and specifications; or semi-trailer designed for travel on public
2) Supervisory, inspection, architectural roads, including any attached machinery or
or engineering activities. equipment. But "auto" does not include
10. Additional Insured — Co-Owner Of Insured
mobile equipment".
Premises 5. "Bodily injury" means physical:
WHO IS AN INSURED under Section C. is a. Injury;
amended to include as an additional insured b. Sickness; or
the person(s) or Organization(s) shown in the
c. Disease
Declarations as an Additional Insured — Co-
Owner Of Insured Premises, but only with sustained by a person and, if arising out of the
respect to their liability as co-owner of the above, mental anguish or death at any time.
premises shown in the Declarations. 6. "Coverage territory" means:
Page 20 of 24 Form SS 00 08 04 05
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
NOTICE OF CANCELLATION TO CERTIFICATE HOLDER(S)
This policy is subject to the following additional Conditions:
A. If this policy is cancelled by the Company, other than for non-payment of premium, notice of such cancellation will
be provided at least thirty (30) days in advance of the cancellation effective date to the certificate holder(s) with
mailing addresses on file with the agent of record or the Company.
B. If this policy is cancelled by the company for non-payment of premium, or by the insured, notice of such
cancellation will be provided within ten (10) days of the cancellation effective date to the certificate holder(s) with
mailing addresses on file with the agent of record or the Company.
If notice is mailed, proof of mailing to the last known mailing address of the certificate holder(s) on file with the agent of
record or the Company will be sufficient proof of notice.
Any notification rights provided by this endorsement apply only to active certificate holder(s) who were issued a
certificate of insurance applicable to this policy's term.
Failure to provide such notice to the certificate holder(s) will not amend or extend the date the cancellation becomes
effective, nor will it negate cancellation of the policy. Failure to send notice shall impose no liability of any kind upon
the Company or its agents or representatives.
Form SS 12 23 06 11 Page 1 of 1
C 2011, The Hartford